Federal Register Vol. 82, No.62,

Federal Register Volume 82, Issue 62 (April 3, 2017)

Page Range16101-16285
FR Document

82_FR_62
Current View
Page and SubjectPDF
82 FR 16283 - Establishing the President's Commission on Combating Drug Addiction and the Opioid CrisisPDF
82 FR 16279 - Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry Into the United States, and Increasing Transparency Among Departments and Agencies of the Federal Government and for the American PeoplePDF
82 FR 16210 - Sunshine Act MeetingPDF
82 FR 16172 - Orders Granting Authority To Import and Export Natural Gas, To Import and Export Liquefied Natural Gas, Amending Authority, Vacating Authority, Request for Rehearing and Motion for Leave To Answer, and Errata During January 2017PDF
82 FR 16176 - Proposed Subsequent ArrangementPDF
82 FR 16222 - Royalty Policy Committee Establishment; Request for NominationsPDF
82 FR 16168 - National Sea Grant College Program (NSGCP)PDF
82 FR 16150 - Medicare and Medicaid Programs; Conditions of Participation for Home Health Agencies; Delay of Effective DatePDF
82 FR 16114 - Medicaid Program; Disproportionate Share Hospital Payments-Treatment of Third Party Payers in Calculating Uncompensated Care CostsPDF
82 FR 16162 - Certain Aluminum Foil From the People's Republic of China: Notice of Initiation of Inquiry Into the Status of the People's Republic of China as a Nonmarket Economy Country Under the Antidumping and Countervailing Duty LawsPDF
82 FR 16159 - Foreign-Trade Zone (FTZ) 7-Mayaguez, Puerto Rico, Notification of Proposed Production Activity, MSD International GMBH (Puerto Rico Branch) LLC, (Pharmaceuticals), Las Piedras, Puerto RicoPDF
82 FR 16152 - Jurisdictional Separations and Referral to the Federal-State Joint BoardPDF
82 FR 16205 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
82 FR 16206 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
82 FR 16107 - Safety Zone; Charleston Race Week, Charleston Harbor, Charleston, SCPDF
82 FR 16269 - HC Railroad, LLC-Abandonment Exemption-in Rush County, Ind.PDF
82 FR 16178 - Agency Information Collection ExtensionPDF
82 FR 16146 - Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Further Delay of Effective DatePDF
82 FR 16236 - National Industrial Security Program Policy Advisory Committee (NISPPAC)PDF
82 FR 16237 - Records Schedules; Availability and Request for CommentsPDF
82 FR 16157 - Codex Alimentarius Commission: Meeting of the Codex Committee on Methods of Analysis and SamplingPDF
82 FR 16214 - Proposed Information Collection Activity; Comment RequestPDF
82 FR 16211 - General Services Administration Acquisition Regulation; Submission for OMB Review; Industrial Funding Fee and Sales ReportingPDF
82 FR 16144 - Withdrawal of Proposed Rules: Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; and Clean Energy Incentive Program Design DetailsPDF
82 FR 16174 - Environmental Management Site-Specific Advisory Board, PaducahPDF
82 FR 16175 - Environmental Management Site-Specific Advisory Board, Northern New MexicoPDF
82 FR 16177 - Environmental Management Site-Specific Advisory Board, NevadaPDF
82 FR 16270 - List of Countries Denying Fair Market Opportunities for Government-Funded Airport Construction ProjectsPDF
82 FR 16203 - National Environmental Justice Advisory Council; Notification of Public Meeting, Public Teleconference and Public CommentPDF
82 FR 16271 - Consensus Standards, Light-Sport Aircraft, Notice No. NOA-17-01PDF
82 FR 16140 - Proposed Amendment of Class E Airspace, for West Plains, MOPDF
82 FR 16272 - Receipt of Noise Compatibility Program and Request for Review Westfield-Barnes Regional Airport, Westfield, MassachusettsPDF
82 FR 16270 - Notice of Opportunity for Public Comment on Surplus Property Release at the Huntsville Executive Airport Tom Sharp, Jr. Field, Huntsville, AlabamaPDF
82 FR 16231 - Stainless Steel Wire Rod From India; Scheduling of an Expedited Five-Year ReviewPDF
82 FR 16274 - Open Meeting of the Financial Research Advisory CommitteePDF
82 FR 16241 - Atomic Safety and Licensing Board; Notice of HearingPDF
82 FR 16178 - Proposed Subsequent ArrangementPDF
82 FR 16214 - National Vaccine Injury Compensation Program; List of Petitions ReceivedPDF
82 FR 16174 - Proposed Subsequent ArrangementPDF
82 FR 16114 - Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Start of the Chicago to Mackinac RacePDF
82 FR 16239 - Vermont Yankee Nuclear Power Station Vernon, Vermont and US Ecology Idaho Resource Conservation and Recovery Act Subtitle C Hazardous and Low-Activity Radioactive Waste Treatment and Disposal FacilityPDF
82 FR 16165 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset ReviewsPDF
82 FR 16163 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative ReviewPDF
82 FR 16159 - Initiation of Five-Year (“Sunset”) ReviewsPDF
82 FR 16166 - Stainless Steel Sheet and Strip From the People's Republic of China: Countervailing Duty OrderPDF
82 FR 16160 - Stainless Steel Sheet and Strip From the People's Republic of China: Antidumping Duty OrderPDF
82 FR 16177 - Application for Presidential Permit; Houlton Water CompanyPDF
82 FR 16207 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
82 FR 16127 - Connect America Fund, ETC Annual Reports and Certifications, Developing a Unified Intercarrier Compensation RegimePDF
82 FR 16208 - Information Collections Being Submitted for Review and Approval to the Office of Management and BudgetPDF
82 FR 16204 - Information Collections Being Submitted for Review and Approval to the Office of Management and BudgetPDF
82 FR 16233 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
82 FR 16176 - Notice of Issuance of Presidential PermitsPDF
82 FR 16196 - TransWest Express Transmission Project Environmental Impact Statement (DOE/EIS-0450)PDF
82 FR 16175 - Notice of Intent to Grant Exclusive LicensePDF
82 FR 16219 - Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal AgenciesPDF
82 FR 16182 - Merchant Hydro Developers, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
82 FR 16142 - Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HIPDF
82 FR 16109 - Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HIPDF
82 FR 16105 - Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WAPDF
82 FR 16111 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Lubbers Cup RegattaPDF
82 FR 16195 - Combined Notice of Filings #1PDF
82 FR 16185 - Portland General Electric Company; Notice of Application Accepted for Filing, Soliciting Comments, Protests, and Motions To IntervenePDF
82 FR 16190 - Combined Notice of Filings #2PDF
82 FR 16168 - South Atlantic Fishery Management Council; Public MeetingsPDF
82 FR 16158 - San Bernardino National Forest, California, Withdrawal of Notice of Intent To Prepare a Joint Environmental Impact Report/Environmental Impact Statement for the Proposed North-South Project EIR/EISPDF
82 FR 16172 - Agency Information Collection Activities; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
82 FR 16124 - Filing of Claims Under the Guam World War II Loyalty Recognition ActPDF
82 FR 16138 - Airworthiness Directives; MD Helicopters, Inc. HelicoptersPDF
82 FR 16170 - Open Season Announcement for the Defense Personal Property Program (DP3)PDF
82 FR 16171 - Meeting of the Board of Advisors (BOA) to the President of the Naval Postgraduate School (NPS) SubcommitteePDF
82 FR 16232 - Carbon and Certain Alloy Steel Wire Rod From Belarus, Italy, Korea, Russia, South Africa, Spain, Turkey, Ukraine, United Arab Emirates, and United Kingdom; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase InvestigationsPDF
82 FR 16268 - Data Collection Available for Public CommentsPDF
82 FR 16106 - Drawbridge Operation Regulation; Atchafalaya River, Morgan City, LAPDF
82 FR 16171 - Notice of Intent To Grant Exclusive Patent License; Epitracker, Inc.PDF
82 FR 16156 - Board for International Food and Agricultural Development; Notice of MeetingPDF
82 FR 16269 - Interest RatesPDF
82 FR 16112 - Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MDPDF
82 FR 16101 - Farm Storage Facility Loan (FSFL) Program; Portable Storage Facilities and Reduced Down Payment for FSFL Microloans; CorrectionPDF
82 FR 16106 - Drawbridge Operation Regulation; Chincoteague Channel, Chincoteague Island, VAPDF
82 FR 16105 - Safety Zone; Atlantic Ocean, Atlantic City, NJPDF
82 FR 16242 - New Postal ProductsPDF
82 FR 16275 - Amended: Advisory Committee on Homeless Veterans, Notice of MeetingPDF
82 FR 16222 - Native American Graves Protection and Repatriation Review Committee: Request for NominationsPDF
82 FR 16260 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Advance Notice Concerning Enhancements to OCC's Stock Loan ProgramsPDF
82 FR 16245 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Private Placement Filer Form Under FINRA Rules 5122 and 5123PDF
82 FR 16247 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Disapproving a Proposed Rule Change, as Modified by Amendment No. 1, Relating to the Listing and Trading of Shares of the SolidX Bitcoin Trust Under NYSE Arca Equities Rule 8.201PDF
82 FR 16244 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Revise Liquidity Thresholds for Euro Denominated ProductsPDF
82 FR 16236 - Records Schedules; Availability and Request for CommentsPDF
82 FR 16170 - Submission for OMB Review; Comment RequestPDF
82 FR 16235 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Job Corps Placement and Assistance RecordPDF
82 FR 16221 - Georgia; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
82 FR 16221 - Texas; Amendment No. 7 to Notice of a Major Disaster DeclarationPDF
82 FR 16220 - Georgia; Amendment No. 7 to Notice of a Major Disaster DeclarationPDF
82 FR 16234 - Meeting of the Federal Advisory Committee on Juvenile JusticePDF
82 FR 16221 - South Dakota; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
82 FR 16220 - Georgia; Amendment No. 6 to Notice of a Major Disaster DeclarationPDF
82 FR 16226 - Certain Stilbenic Optical Brightening Agents From China and Taiwan; Institution of Five-Year ReviewsPDF
82 FR 16229 - Certain Steel Nails From the United Arab Emirates; Institution of a Five-Year ReviewPDF
82 FR 16223 - Fresh Garlic From China; Institution of a Five-Year ReviewPDF
82 FR 16122 - Suspension of Community EligibilityPDF
82 FR 16244 - Product Change-Priority Mail Negotiated Service AgreementPDF
82 FR 16181 - Combined Notice of Filings #1PDF
82 FR 16185 - Hurricane Creek Irrigating Ditch Company; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To IntervenePDF
82 FR 16189 - Great Lakes Hydro America, LLC; 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 16194 - Empire District Electric Company; Notice of Intent To File License Application, Filing of Pre-Application Document (PAD), Commencement of Pre-Filing Process, and Scoping; Request for Comments on the PAD and Scoping Document, and Identification of Issues and Associated Study RequestsPDF
82 FR 16191 - Commission Information Collection Activities (FERC-510, FERC-520, FERC-561, and FERC-583); Consolidated Comment Request; ExtensionPDF
82 FR 16191 - Northern Natural Gas Company; Notice of Request Under Blanket AuthorizationPDF
82 FR 16187 - Texas Eastern Transmission, L.P.; Brazoria Interconnector Gas Pipeline, LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed Stratton Ridge Expansion Project, and Request for Comments on Environmental IssuesPDF
82 FR 16183 - Columbia Gas Transmission, LLC; Notice of Availability of the Environmental Assessment for the Proposed WB Xpress ProjectPDF
82 FR 16275 - Advisory Committee on Minority Veterans, Amended Notice of MeetingPDF
82 FR 16180 - Combined Notice of Filings #1PDF
82 FR 16243 - Product Change-Priority Mail Negotiated Service AgreementPDF
82 FR 16169 - Western Pacific Fishery Management Council; Public MeetingsPDF
82 FR 16216 - Meetings of the National Preparedness and Response Science Board and the National Advisory Committee on Children and DisastersPDF
82 FR 16156 - Submission for OMB Review; Comment RequestPDF
82 FR 16217 - National Institute of Mental Health; Notice of MeetingPDF
82 FR 16275 - Special Medical Advisory Group; Notice of MeetingPDF
82 FR 16136 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category FisheryPDF
82 FR 16273 - Pipeline Safety: Request for Special PermitPDF
82 FR 16217 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
82 FR 16218 - Center for Scientific Review; Notice of Closed MeetingsPDF
82 FR 16210 - Proposed Agency Information Collection Activities; Comment RequestPDF
82 FR 16269 - Fine Arts Committee Notice of MeetingPDF
82 FR 16101 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 16127 - Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law, Federal Railroad Administration Safety Regulation or Order, or the Hazardous Material Transportation Laws or Regulations, Orders, Special Permits, and Approvals Issued Under Those LawsPDF

Issue

82 62 Monday, April 3, 2017 Contents Agency Agency for International Development NOTICES Meetings: Board for International Food and Agricultural Development, 16156 2017-06453 Agriculture Agriculture Department See

Commodity Credit Corporation

See

Food Safety and Inspection Service

See

Forest Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16156-16157 2017-06408
Army Army Department NOTICES Requests for Applications: Defense Personal Property Program, 16170-16171 2017-06459 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program: Disproportionate Share Hospital Payments—Treatment of Third Party Payers in Calculating Uncompensated Care Costs, 16114-16122 2017-06538 PROPOSED RULES Medicare and Medicaid Programs: Conditions of Participation for Home Health Agencies; Delay of Effective Date, 16150-16152 2017-06540 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16214 2017-06521 Coast Guard Coast Guard RULES Drawbridge Operations: Atchafalaya River, Morgan City, LA, 16106-16107 2017-06455 Chincoteague Channel, Chincoteague Island, VA, 16106 2017-06448 Lake Washington Ship Canal, Seattle, WA, 16105-16106 2017-06472 Safety Zones: Atlantic Ocean, Atlantic City, NJ, 16105 2017-06447 Captain of the Port Lake Michigan Zone—Start of Chicago to Mackinac Race, 16114 2017-06496 Captain of the Port Lake Michigan Zone—Lubbers Cup Regatta, 16111-16112 2017-06471 Charleston Race Week, Charleston Harbor, Charleston, SC, 16107-16109 2017-06529 Fireworks Display, Patapsco River, Inner Harbor, Baltimore, MD, 16112-16114 2017-06451 Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI, 16109-16111 2017-06473 PROPOSED RULES Safety Zones: Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI, 16142-16144 2017-06474 Commerce Commerce Department See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Commodity Credit Commodity Credit Corporation RULES Farm Storage Facility Loan Program: Portable Storage Facilities and Reduced Down Payment for Microloans; Correction, 16101 2017-06449 Defense Department Defense Department See

Army Department

See

Navy Department

Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 16172 2017-06462 Energy Department Energy Department See

Energy Information Administration

See

Federal Energy Regulatory Commission

See

Western Area Power Administration

NOTICES Authorizations to Export or Import of Natural and Liquefied Natuarl Gas, 16172-16174 2017-06544 Exclusive License Approvals: Brookhaven Science Associates, LLC, 16175-16176 2017-06477 Issuance of Presidential Permits: AEP Texas, Inc., 16176 2017-06480 Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 16177-16178 2017-06512 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 16175 2017-06513 Environmental Management Site-Specific Advisory Board, Paducah, 16174-16175 2017-06514 Presidential Permit Applications: Houlton Water Co., 16177 2017-06487 Proposed Subsequent Arrangements, 16174, 16176-16178 2017-06498 2017-06500 2017-06543
Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16178-16180 2017-06527 Environmental Protection Environmental Protection Agency PROPOSED RULES Accidental Release Prevention Requirements: Risk Management Programs under Clean Air Act; Further Delay of Effective Date, 16146-16149 2017-06526 Federal Plan Requirements for Greenhouse Gas Emissions;: Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; and Clean Energy Incentive Program Design Details; Withdrawal, 16144-16146 2017-06518 NOTICES Meetings: National Environmental Justice Advisory Council; Teleconference, 16203-16204 2017-06510 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 16101-16105 2017-06359 PROPOSED RULES Airworthiness Directives: MD Helicopters, Inc. Helicopters, 16138-16140 2017-06460 Amendment of Class E Airspace: West Plains, MO, 16140-16141 2017-06508 NOTICES Consensus Standards: Light-Sport Aircraft, 16271-16272 2017-06509 Noise Compatibility Programs: Westfield-Barnes Regional Airport, Westfield, MA, 16272-16273 2017-06506 Surplus Property Release: Huntsville Executive Airport Tom Sharp, Jr. Field, Huntsville, AL, 16270-16271 2017-06505 Federal Communications Federal Communications Commission RULES Connect America Fund: ETC Annual Reports and Certifications, Developing Unified Intercarrier Compensation Regime; Correction, 16127 2017-06485 PROPOSED RULES Jurisdictional Separations and Referrals to Federal-State Joint Board, 16152-16155 2017-06532 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16204-16210 2017-06482 2017-06484 2017-06486 2017-06530 2017-06531 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 16210 2017-06559 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 16122-16124 2017-06426 NOTICES Major Disaster Declarations: Georgia; Amendment No. 1, 16221 2017-06435 Georgia; Amendment No. 6, 16220 2017-06430 Georgia; Amendment No. 7, 16220-16221 2017-06433 South Dakota; Amendment No. 1, 16221 2017-06431 Texas; Amendment No. 7, 16221 2017-06434 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16191-16194 2017-06420 Applications: Great Lakes Hydro America, LLC, 16189-16190 2017-06422 Portland General Electric Co., 16185 2017-06468 Combined Filings, 16180-16182, 16190-16191, 16195-16196 2017-06415 2017-06424 2017-06467 2017-06470 Environmental Assessments; Availability, etc.: Stratton Ridge Expansion Project; Texas Eastern Transmission, L.P.; Brazoria Interconnector Gas Pipeline, LLC, 16187-16189 2017-06418 WB XPress Project; Columbia Gas Transmission, LLC, 16183-16184 2017-06417 License Applications: Empire District Electric Co., 16194-16195 2017-06421 Preliminary Permit Applications: Merchant Hydro Developers, LLC, 16182-16183 2017-06469 2017-06475 Qualifying Conduit Hydropower Facilities: Hurricane Creek Irrigating Ditch Co., 16185-16186 2017-06423 Requests under Blanket Authorizations: Northern Natural Gas Co., 16191 2017-06419 Federal Railroad Federal Railroad Administration RULES Implementation of Federal Civil Penalties Inflation Adjustment Act Improvements Act for Violation of Federal Railroad Safety Law, etc., 16127-16136 2017-06220 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16210-16211 2017-06401 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission Committee on Methods of Analysis and Sampling, 16157-16158 2017-06523 Foreign Claims Foreign Claims Settlement Commission RULES Filing of Claims under Guam World War II Loyalty Recognition Act, 16124-16127 2017-06461 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: MSD International GMBH (Puerto Rico Branch), LLC; Foreign-Trade Zone 7, Mayaguez, PR, 16159 2017-06533 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Proposed North-South Project, San Bernardino National Forest, CA, 16158-16159 2017-06464 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Industrial Funding Fee and Sales Reporting, 16211-16214 2017-06520 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Health Resources and Services Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

NOTICES Meetings: National Preparedness and Response Science Board and National Advisory Committee on Children and Disasters, 16216-16217 2017-06409
Health Resources Health Resources and Services Administration NOTICES Petitions: National Vaccine Injury Compensation Program, 16214-16216 2017-06499 Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

Information Information Security Oversight Office NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 16236 2017-06525 Interior Interior Department See

National Park Service

NOTICES Requests for Nominations: Royalty Policy Committee Establishment, 16222 2017-06542
International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Aluminum Foil from People's Republic of China, 16162-16163 2017-06535 Initiation of Five-Year (Sunset) Reviews, 16159-16160 2017-06490 Opportunity to Request Administrative Review, 16163-16165 2017-06491 Stainless Steel Sheet and Strip from People's Republic of China, 16160-16162, 16166-16168 2017-06488 2017-06489 Sunset Reviews, 16165-16166 2017-06492 International Trade Com International Trade Commission NOTICES Complaints: Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof, 16233-16234 2017-06481 Investigations; Determinations, Modifications, and Rulings, etc.: Carbon and Certain Alloy Steel Wire Rod from Belarus, Italy, Korea, Russia, South Africa, Spain, Turkey, Ukraine, United Arab Emirates, and United Kingdom, 16232-16233 2017-06457 Certain Steel Nails from United Arab Emirates; Institution of Five-Year Review, 16229-16231 2017-06428 Certain Stilbenic Optical Brightening Agents from China and Taiwan; Institution of Five-Year Reviews, 16226-16229 2017-06429 Fresh Garlic from China; Institution of Five-Year Review, 16223-16226 2017-06427 Stainless Steel Wire Rod from India, 16231-16232 2017-06504 Justice Department Justice Department See

Foreign Claims Settlement Commission

See

Justice Programs Office

Justice Programs Justice Programs Office NOTICES Meetings: Federal Advisory Committee on Juvenile Justice, 16234-16235 2017-06432 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Job Corps Placement and Assistance Record, 16235-16236 2017-06436 National Archives National Archives and Records Administration See

Information Security Oversight Office

NOTICES Records Schedules, 16236-16238 2017-06439 2017-06524
National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 16218-16219 2017-06402 National Institute of Allergy and Infectious Diseases, 16217 2017-06403 National Institute of Mental Health, 16217-16218 2017-06407 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries; General Category Fishery, 16136-16137 2017-06405 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16170 2017-06438 Meetings: South Atlantic Fishery Management Council, 16168 2017-06465 Western Pacific Fishery Management Council, 16169-16170 2017-06410 Requests for Letters of intent: Lake Champlain Sea Grant Institutional Program, 16168-16169 2017-06541 National Park National Park Service NOTICES Requests for Nominations: Native American Graves Protection and Repatriation Review Committee, 16222-16223 2017-06444 Navy Navy Department NOTICES Exclusive Patent Licenses; Approvals: Epitracker, Inc., 16171-16172 2017-06454 Meetings: Board of Advisors to President of Naval Postgraduate School Subcommittee, 16171 2017-06458 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Atomic Safety and Licensing Board Hearings: Florida Power and Light Co., 16241-16242 2017-06502 Environmental Assessments; Availability, etc.: Vermont Yankee Nuclear Power Station Vernon; US Ecology Idaho Resource Conservation and Recovery Act Subtitle C Hazardous and Low-Activity Radioactive Waste Treatment and Disposal Facility, 16239-16241 2017-06495 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Special Permit Requests, 16273-16274 2017-06404 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 16242-16243 2017-06446 Postal Service Postal Service NOTICES Product Changes: Priority Mail Negotiated Service Agreement, 16243-16244 2017-06411 2017-06412 2017-06413 2017-06414 2017-06425 Presidential Documents Presidential Documents EXECUTIVE ORDERS Combating Drug Addiction and the Opioid Crisis, President's Commission on; Establishment (EO 13784), 16283-16285 2017-06716 ADMINISTRATIVE ORDERS Defense and National Security: Visa and Other Immigration Benefit Applications; Policies To Strengthen Screening and Increase Transparency (Memorandum of March 6, 2017), 16277-16281 2017-06702 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 16245-16247 2017-06442 ICE Clear Credit, LLC, 16244-16245 2017-06440 NYSE Arca, Inc., 16247-16260 2017-06441 Options Clearing Corp., 16260-16268 2017-06443 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16268-16269 2017-06456 Interest Rates, 16269 2017-06452 State Department State Department NOTICES Meetings: Fine Arts Committee, 16269 2017-06400 Substance Substance Abuse and Mental Health Services Administration NOTICES HHS-Certified Laboratories and Instrumented Initial Testing Facilities: List of Facilities that Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 16219-16220 2017-06476 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: HC Railroad, LLC, Rush County, IN, 16269-16270 2017-06528 Trade Representative Trade Representative, Office of United States NOTICES List of Countries Denying Fair Market Opportunities: Government-Funded Airport Construction Projects, 16270 2017-06511 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Railroad Administration

See

Pipeline and Hazardous Materials Safety Administration

Treasury Treasury Department NOTICES Meetings: Financial Research Advisory Committee, 16274 2017-06503 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Homeless Veterans; Amendment, 16275-16276 2017-06445 Advisory Committee on Minority Veterans, 16275 2017-06416 Special Medical Advisory Group, 16275 2017-06406 Western Western Area Power Administration NOTICES Environmental Impact Statements; Availability, etc.: TransWest Express Transmission Project, 16196-16203 2017-06479 Separate Parts In This Issue Part II Presidential Documents, 16277-16281, 16283-16285 2017-06716 2017-06702 Reader Aids

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

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

82 62 Monday, April 3, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1436 RIN 0560-AI35 Farm Storage Facility Loan (FSFL) Program; Portable Storage Facilities and Reduced Down Payment for FSFL Microloans; Correction AGENCY:

Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION:

Final rule; correcting amendment.

SUMMARY:

The Farm Service Agency (FSA) administers the FSFL Program on behalf of the Commodity Credit Corporation (CCC). In the final rule that was published in the Federal Register on April 29, 2016, a word was inadvertently removed from the regulations. This document reinserts that word back into the regulation.

DATES:

Effective date: April 3, 2017.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Ball; phone (202) 720-4283. Persons with disabilities who require alternative means of communication should contact the USDA Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION:

FSA administers the FSFL Program on behalf of CCC. An instruction on page 25595 of the final rule that was published in the Federal Register on April 29, 2016 (81 FR 25587-255595) resulted in the word “loan” being removed each time it appeared in § 1436.15(b). However, the correct instruction would have removed the word loan in the two instances it appeared in the phrase “loan collateral” in paragraph (b). This document reinserts the word loan back into the first sentence the first time it had previously appeared.

List of Subjects in 7 CFR Part 1436

Administrative practice and procedure, Loan programs—agriculture, Penalties, Price support programs, Reporting and recordkeeping requirements.

For the reasons discussed above, 7 CFR part 1436 is corrected by making the following correcting amendment:

PART 1436—FARM STORAGE FACILITY LOAN PROGRAM REGULATIONS 1. The authority for part 1436 continues to read as follows: Authority:

7 U.S.C. 7971 and 8789; and 15 U.S.C. 714 through 714p.

§ 1436.15 [Amended]
2. In § 1436.15(b), add the word “loan” immediately after “Until the”. Chris P. Beyerhelm, Acting Administrator, Farm Service Agency, and Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2017-06449 Filed 3-31-17; 8:45 am] BILLING CODE 3410-05-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-8184; Directorate Identifier 2016-NM-036-AD; Amendment 39-18843; AD 2017-07-05] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). This AD was prompted by reports of cracks in main landing gear (MLG) leg components. This AD requires detailed visual inspections of these MLG leg components and replacement of the MLG leg if cracked components are found. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective May 8, 2017.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 8, 2017.

ADDRESSES:

For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]s.com; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-8184.

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-2016-8184; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-2125; fax: 425-227-1149.

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A300 series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). The NPRM was prompted by reports of cracks in MLG leg components. The NPRM proposed to require repetitive detailed visual inspections of certain MLG leg components for cracks, and replacing the MLG leg if necessary. We are issuing this AD to detect and correct cracking of certain components in the MLG leg, which could result in a MLG collapse, and consequent damage to the airplane and injury to the airplane occupants.

The NPRM published in the Federal Register on August 5, 2016 (81 FR 51818) (“the NPRM”).

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016-0058, dated March 21, 2016 (referred to after this as “the MCAI”), to correct an unsafe condition for all Airbus Model A300 series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). The MCAI states:

Two cases were reported of finding a cracked main landing gear (MLG) hinge arm/barrel pin, one was discovered in service during a maintenance task and the other one was identified during MLG overhaul.

This condition, if not detected and corrected, could lead to MLG collapse, resulting in damage to the aeroplane and potential injury to occupants.

To address this potential unsafe condition, and awaiting a final fix establishment, Airbus issued Alert Operators Transmission (AOT) 32W008-16 to provide instructions for detailed visual inspections (DET) to detect through cracks.

For the reasons described above, this [EASA] AD requires repetitive DET of the MLG hinge arm/barrel pin and, depending on findings, replacement of the affected MLG leg.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-8184.

Comments

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

Requests To Permit On-Wing Inspection/Pin Replacement

FedEx asked whether the airframe manufacturer and/or MLG manufacturer have explored the possibility of inspecting the affected MLG and replacing a cracked MLG hinge arm/barrel pin without removing the MLG leg, as specified by Airbus Alert Operators Transmission (AOT) A32W008-16, dated February 25, 2016, including Appendices 1 through 4. FedEx stated that an on-wing inspection of the MLG leg would be effective in determining if further structural damage has occurred.

United Parcel Service (UPS) requested that we revise the NPRM to allow on-wing replacement of a cracked pin with part number C66441-(x) instead of replacing the MLG leg. UPS stated that it has reviewed the Airbus A300 Aircraft Maintenance Manual (AMM) and noted that the AMM indicates that the pin can be replaced while the gear is installed on the airplane.

We do not agree that an on-wing inspection of the MLG would be effective in finding further structural damage. When a hinge arm/barrel pin is cracked, damage to other MLG components cannot be excluded. This damage cannot be detected by on-wing inspections. Airbus currently does not have an approved method for on-wing inspections to detect all possible damage to the MLG components. For these reasons, Airbus AOT A32W008-16, dated February 25, 2016, including Appendices 1 through 4, specifies removing the MLG for further inspections for damage.

We also do not agree that an on-wing replacement of the pin in the MLG leg would be an adequate corrective action. As previously explained, when a hinge arm/barrel pin is cracked, other MLG component damage cannot be excluded. On-wing replacement of the pin would not correct any other MLG component damage that might be present.

Under the provisions of paragraph (j)(1) of this AD, we will consider requests for approval of an alternative on-wing inspection or replacement method if sufficient data are submitted to substantiate that the method would provide an acceptable level of safety. We have not changed this AD in this regard.

Requests To Withdraw the NPRM or Increase the Interval Between Inspections

UPS and FedEx requested that the 100 flight cycle inspection interval be extended.

FedEx commented that, although it recognizes and appreciates the airplane manufacturer's safety concerns about discovering a cracked MLG hinge arm/barrel pin before complete failure, it would like to see the analysis that resulted in determination of an inspection interval of 100 flight cycles to prevent in-service pin failures. FedEx asserted that a 100 flight cycle interval may be unnecessarily conservative based on the pre-discovery history of cracked pins in the MLG leg of the airplane, which has had two cases of cracked MLG hinge arm/barrel pins.

UPS requested that the FAA either withdraw the NPRM or change the repetitive inspection interval from 100 flight cycles to 1,000 flight cycles. UPS stated that the detailed visual inspection at intervals of 100 flight cycles for the internal diameter of each affected MLG hinge arm/barrel pin specified by paragraph (g) of the proposed AD is too restrictive and not supported by data. UPS stated that it believes the cracking is associated with a specific operator's maintenance practices rather than a design of the landing gear or pin. UPS stated that the AMM and landing gear overhaul manual have defined inspection procedures that have been used to properly maintain the landing gear without any major findings for the past 30 years. UPS noted that its experience for the past 16 years has not shown any findings. UPS provides the following reasons for increasing the interval between inspections.

• The basis for issuance of the MCAI is findings of two cracked pins. The first finding was discovered during gear overhaul after the landing gear completed its gear overhaul life (8 years or 12,000 cycles). The second finding occurred after the unit accumulated more than 3,500 flight cycles since overhaul and was also subjected to a hard landing. Both pins had accumulated more than 25,000 flight cycles and went to repeat overhauls before failure. This indicates that the crack finding is associated with a specific operator maintenance practice rather than an inherent design problem of the landing gear or pin.

• Airbus Message 80187097/003, dated July 22, 2016, states that Airbus is working with EASA to reduce the burden to operators.

• UPS has operated 52 Model A300 airplanes since introduction of the model in the year 2000 with no findings. UPS's fleet leader airplane has accumulated more than 21,000 flight cycles with no similar finding. UPS has also reviewed all overhaul records since the introduction of Model A300 airplanes and did not find any cracked pins.

• UPS has accomplished the inspection specified in Airbus AOT A32W008-16, dated February 25, 2016, including Appendices 1 through 4, every 100 flight cycles since February 2016. The 260 inspections accomplished on 52 airplanes did not show any findings.

We do not agree to withdraw the NPRM or to increase the repetitive interval between detailed visual inspections on the MLG leg. While the MCAI cites two reports of cracked pins, Airbus has reports from the past six years of 45 pins with damage on the outer diameter. Based on the current reports and ongoing investigation, EASA is not able to support an increased inspection interval. Therefore, we have determined that the inspection interval recommended by the manufacturer and required by EASA is appropriate based on the available data. However, in the future, the data collected from the reporting requirement of paragraph (i) of this AD may provide the necessary information to justify an increase in the inspection interval. Additionally, if Airbus develops an alternative method of compliance that reduces the burden on operators, we will consider requests for its approval if sufficient data is submitted to substantiate that the method would provide an acceptable level of safety. We have not changed this AD in this regard.

Conclusion

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:

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

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

Related Service Information Under 1 CFR Part 51

We reviewed Airbus AOT A32W008-16, dated February 25, 2016, including Appendices 1 through 4. This service information describes procedures for a detailed visual inspection of the internal diameter of each affected MLG hinge arm/barrel pin and replacement of the MLG leg with a serviceable unit. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 128 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Detailed visual inspection 1 work-hour × $85 per hour = $85 per inspection cycle 0 $85 per inspection cycle $10,880 per inspection cycle. Reporting 1 work-hour × $85 per hour 0 $85 $10,880.

We estimate the following costs to do any necessary replacement that would be required based on the results of the required inspection. We have no way of determining the number of aircraft that might need this replacement.

On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Remove and replace MLG Leg 20 work-hours × $85 per hour = $1,700 $3,400,000 $3,401,700
    Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120-0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES-200.

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-07-05 Airbus: Amendment 39-18843; Docket No. FAA-2016-8184; Directorate Identifier 2016-NM-036-AD. (a) Effective Date

    This AD is effective May 8, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Airbus airplanes identified in paragraphs (c)(1) through (c)(5) of this AD, certificated in any category, all manufacturer serial numbers.

    (1) Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203 airplanes.

    (2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.

    (3) Model A300 B4-605R and B4-622R airplanes.

    (4) Model A300 F4-605R and F4-622R airplanes.

    (5) Model A300 C4-605R Variant F airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 32, Landing Gear.

    (e) Reason

    This AD was prompted by reports of cracks in main landing gear (MLG) leg components. We are issuing this AD to detect and correct cracking of certain components in the MLG leg, which could result in a MLG collapse, and consequent damage to the airplane and injury to the airplane occupants.

    (f) Compliance

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

    (g) Repetitive Detailed Visual Inspections

    Within the compliance time specified in paragraphs (g)(1) and (g)(2) of this AD, whichever occurs later, and thereafter at intervals not to exceed 100 flight cycles: Accomplish a detailed visual inspection of the internal diameter of each affected MLG hinge arm/barrel pin, in accordance with the instructions of Airbus Alert Operators Transmission (AOT) A32W008-16, dated February 25, 2016, including Appendices 1 through 4. The affected MLG hinge arm/barrel pins are those with part number C66441-(x) and part number C65543-(x), where the x represents a variable number.

    (1) Within 30 months since the pin's first flight on an airplane, or since the pin's first flight on an airplane after overhaul, as applicable.

    (2) Within 30 days after the effective date of this AD.

    (h) Corrective Action for Cracked Pins

    If any cracked pin is found during any inspection required by paragraph (g) of this AD, before further flight, replace the MLG leg with a serviceable unit, in accordance with the instructions of Airbus AOT A32W008-16, dated February 25, 2016, including Appendices 1 through 4. Replacement of a MLG leg does not constitute terminating action for the repetitive inspections required by paragraph (g) of this AD.

    (i) Reporting Requirement

    At the applicable time specified in paragraph (i)(1) or (i)(2) of this AD, report the results of the inspections required by paragraph (g) of this AD to Airbus, in accordance with the instructions of Airbus AOT A32W008-16, dated February 25, 2016, including Appendices 1 through 4.

    (1) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection.

    (2) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD.

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-2125; fax: 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

    (k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0058, dated March 21, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-8184.

    (l) Material Incorporated by Reference

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

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

    (i) Airbus Alert Operations Transmission (AOT) A32W008-16, dated February 25, 2016, including Appendices 1 through 4 of this AOT do not contain the document date.

    (ii) Reserved.

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

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

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

    Issued in Renton, Washington, on March 22, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2017-06359 Filed 3-31-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2017-0143] Safety Zone; Atlantic Ocean, Atlantic City, NJ AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce the Thunder Over the Boardwalk Air show special local regulation from 11 a.m. through 3:30 p.m. on August 22-23, 2017. This action is necessary to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after this air show. During the enforcement period, and in accordance with the special local regulations, no vessel or person may enter, transit through, anchor in, or remain within the regulated area unless authorized by Captain of the Port Delaware Bay or a designated representative.

    DATES:

    The regulations in 33 CFR 100.501 will be enforced from 11 a.m. to 3:30 p.m. on August 22-23, 2017, for item (a.)8 listed in the table to § 100.501.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this notice of enforcement, you may call or email MST1 Thomas Simkins, Sector Delaware Bay Waterways Management Division, U.S. Coast Guard; telephone 215-271-4889, email [email protected]

    SUPPLEMENTARY INFORMATION:

    From 11 a.m. to 3:30 p.m. on August 22-23, 2017, the Coast Guard will enforce the special local regulations at 33 CFR 100.501, table to § 100.501 (a.)8 for the regulated area located in the North Atlantic Ocean near Atlantic City, NJ. This action is necessary to ensure safety of life on U.S. navigable waterways during this air show.

    Coast Guard regulations for recurring marine events within Captain of the Port Delaware Bay Zone, appear in § 100.501, Special Local Regulations; Marine Events in the Fifth Coast Guard District, which specifies the location of the regulated area for this regulated area as all waters of the North Atlantic Ocean, adjacent to Atlantic City, New Jersey, bounded by a line drawn between the following points: From a point along the shoreline at latitude 39°21′31″ N., longitude 074°25′04″ W., thence southeasterly to latitude 39°21′08″ N., longitude 074°24′48″ W., thence southwesterly to latitude 39°20′16″ N., longitude 074°27′17″ W., thence northwesterly to a point along the shoreline at latitude 39°20′44″ N., longitude 074°27′31″ W., thence northeasterly along the shoreline to latitude 39°21′31″ N., longitude 074°25′04″ W.

    As specified in § 100.501, during the enforcement period, no vessel or person may enter, transit through, anchor in, or remain within the regulated area unless authorized by the Captain of the Port Delaware Bay or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the COTP, designated representative or Patrol Commander.

    This notice of enforcement is issued under authority of 33 CFR 100.501 and 33 U.S.C. 1233. The Coast Guard will provide the maritime community with advanced notice of enforcement of regulation by Broadcast Notice to Mariners (BNM), Local Notice to Mariners and on-scene notice by designated representative. In the event Captain of the Port Delaware Bay determines that it's not necessary to enforce the regulated area for the entire duration of the enforcement period, a BNM will be issued to authorize general permission to enter the regulated area.

    Dated: March 20, 2017. Benjamin A. Cooper, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
    [FR Doc. 2017-06447 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0175] Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Fremont Bridge, mile 2.6, and the University Bridge, mile 4.3, both crossing the Lake Washington Ship Canal at Seattle, WA. The deviation is necessary to accommodate the Brooks Trailhead 10K & 15K foot race event. This deviation allows the bridges to remain in the closed-to-navigation position to allow for the safe movement of event participants.

    DATES:

    This deviation is effective from 8 a.m. to 10:15 a.m. on April 22, 2017.

    ADDRESSES:

    The docket for this deviation, USCG-2017-0175 is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    The Seattle Department of Transportation requested a temporary deviation from the operating schedule for the Fremont Bridge, mile 2.6, and the University Bridge, mile 4.3, both crossing the Lake Washington Ship Canal at Seattle, WA, to facilitate safe passage of participants in the Brooks Trailhead 10K & 15K foot race event. The Fremont Bridge provides a vertical clearance of 14 feet (31 feet of vertical clearance for the center 36 horizontal feet) in the closed-to-navigation position. The University Bridge provides a vertical clearance of 30 feet in the closed-to-navigation position. Both bridge clearances are referenced to the mean water elevation of Lake Washington. The normal operating schedule for both the Fremont Bridge and the University Bridge is in 33 CFR 117.1051. During this deviation period, the Fremont Bridge need not open to marine vessels from 8:15 a.m. to 10:15 a.m. on April 22, 2017 and the University Bridge need not open to marine vessel from 8 a.m. to 8:30 a.m. on April 22, 2017. Waterway usage on the Lake Washington Ship Canal ranges from commercial tug and barge to small pleasure craft.

    Vessels able to pass through the bridges in the closed-to-navigation positions may do so at anytime. Both bridges will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: March 28, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2017-06472 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0239] Drawbridge Operation Regulation; Chincoteague Channel, Chincoteague Island, VA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the SR 175 Bridge which carries SR 175 across the Chincoteague Channel, mile 3.5 (physically situated at mile 3.9), at Chincoteague Island, VA. The deviation is necessary to facilitate the biennial bridge inspection. This deviation allows the bridge to remain in the closed-to-navigation position.

    DATES:

    The deviation is effective from 11 a.m. through 2 p.m. on Thursday, April 6, 2017.

    ADDRESSES:

    The docket for this deviation, [USCG-2017-0239] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH”. Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Michael Thorogood, Bridge Administration Branch Fifth District, Coast Guard; telephone 757-398-6557, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Virginia Department of Transportation, owner and operator of the SR 175 Bridge that carries SR 175 across the Chincoteague Channel, mile 3.5 (physically situated at mile 3.9), at Chincoteague Island, VA, has requested a temporary deviation from the current operating schedule to facilitate the biennial bridge inspection of the bascule span for the drawbridge. The bridge has a vertical clearance of 15 feet above mean high water (MHW) in the closed position and unlimited vertical clearance in the open position.

    The current operating schedule is set out in 33 CFR 117.1005. Under this temporary deviation, the bridge will be maintained in the closed-to-navigation position from 11 a.m. through 2 p.m. on Thursday, April 6, 2017. The Chincoteague Channel is used by a variety of vessels including public vessels, small commercial vessels, tug and barge traffic, and recreational vessels. The Coast Guard has carefully coordinated the restrictions with waterway users in publishing this temporary deviation.

    Vessels able to pass through the bridge in the closed-to-navigation position may do so at any time. The bridge will be able to open for emergencies, if at least 30 minutes notice is given, and there is no immediate alternative route for vessels unable to pass through the bridge in the closed position. The Coast Guard will also inform the users of the waterway through our Local Notice and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: March 28, 2017. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District.
    [FR Doc. 2017-06448 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0183] Drawbridge Operation Regulation; Atchafalaya River, Morgan City, LA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of temporary deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Morgan City Railroad Bridge across the Atchafalaya River (also known as Berwick Bay), mile 17.5 [Gulf Intracoastal Waterway (Morgan City-Port Allen Alternate Route), mile 0.3] in Morgan City, St. Mary Parish, Louisiana. This deviation is necessary to perform maintenance needed for the continued safe operation of the bridge. This deviation allows for the bridge to remain closed-to-navigation for two (2) days, 7 hours each day.

    DATES:

    This deviation is effective from 1 p.m., Wednesday, April 5, 2017, through 1 p.m., Thursday, April 6, 2017.

    ADDRESSES:

    The docket for this deviation, [USCG-2017-0183] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Giselle MacDonald, Bridge Administration Branch, Coast Guard, telephone (504) 671-2128, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The BNSF Railway requested a temporary deviation from the operating schedule of the Morgan City Railroad vertical lift drawbridge across Atchafalaya River (aka Berwick Bay), mile 17.5 [GIWW (Morgan City-Port Allen Alternate Route), mile 0.3] in Morgan City, St. Mary Parish, Louisiana. This deviation is necessary to lay new rails across the bridge from the east approach to the west approach.

    For the purpose of this deviation, the bridge will be allowed to remain in the closed-to-navigation position from 1 p.m. to 8 p.m. on Wednesday, April 5, 2017 and from 6 a.m. to 1 p.m. on Thursday, April 6, 2017. At all other times the bridge will operate in accordance with 33 CFR 117.5.

    The vertical clearance of the bridge is 4 feet above mean high water (MHW), elevation 8.2 feet above MHW in the closed-to-navigation position and 73 feet above MHW in open-to-navigation position. Navigation on the waterway consists of tugs with tows, oil industry related work and crew boats, commercial fishing vessels and some recreational crafts.

    Vessels able to pass under the bridge in the closed position may do so at anytime. The bridge will be able to open for emergencies and the Morgan City-Port Allen Landside route through Amelia, LA can be used as an alternate route. The Coast Guard will inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge, so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35, the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: March 29, 2017. Eric A. Washburn, Bridge Administrator, Eighth Coast Guard District.
    [FR Doc. 2017-06455 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0023] RIN 1625-AA00 Safety Zone; Charleston Race Week, Charleston Harbor, Charleston, SC AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a safety zone on the waters of the Charleston Harbor in Charleston, SC, during the Charleston Race Week from April 20, 2017, through April 23, 2017. Charleston Race Week is a series of sail boat races in the Charleston Harbor. The safety zone is necessary to ensure the safety of participants, spectators, and the general public during the event. This regulation prohibits persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zones unless authorized by the Captain of the Port Charleston or a designated representative.

    DATES:

    This rule is effective from April 20, 2017, through April 23, 2017 and will be enforced from 9 a.m. to 5 p.m. on those days.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0023 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule call or email Lieutenant Commander John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]

    SUPPLEMENTARY INFORMATION:

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

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are impracticable, unnecessary, or contrary to the public interest. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because insufficient time remains to publish an NPRM and to receive public comments, as the Charleston Race Week event will occur before the rulemaking process would be completed. Because of the dangers posed by the proximity of the races to the navigable waters of the Charleston Harbor, the safety zone is necessary to provide for the safety of event participants, spectators, and vessels transiting the event area. For those reasons, it would be impracticable and contrary to the public interest to publish an NPRM.

    For the reason discussed above, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register.

    III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to establish regulated safety zones and other limited access areas is 33 U.S.C. 1231. The purpose of the rule is to ensure the safety of the event participants, the general public, vessels and the navigable waters during Charleston Race Week.

    IV. Discussion of the Rule

    This rule establishes a safety zone on the waters of the Charleston Harbor in Charleston, South Carolina during Charleston Race Week. The races are scheduled to take place from 9 a.m. to 5 p.m. on April 20, 2017, through April 23, 2017. Approximately 250 sailboats are anticipated to participate in the races, and approximately 30 spectator vessels are expected to attend the event. Persons and vessels desiring to enter, transit through, anchor in, or remain within the safety zone may contact the Captain of the Port Charleston by telephone at (843) 740-7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

    The economic impact of this rule is not significant for the following reasons: (1) Although persons and vessels may not enter, transit through, anchor in, or remain within the safety zone without authorization from the Captain of the Port Charleston or a designated representative, they may operate in the surrounding area during the enforcement period; and (2) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners.

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that will prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within a limited area on the waters of the Charleston Harbor. This rule is categorically excluded from further review under paragraph 34(g) of figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

    33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland Security Delegation No. 0170.

    2. Add a temporary § 165.35T07-0023 to read as follows:
    § 165.T07-0023 Safety Zone; Charleston Race Week, Charleston Harbor, Charleston, SC.

    Location. The rule consists of the following four race areas.

    1. Race Area #1. All waters encompassed within a 700 yard radius of position 32°46′10″ N., 79°55′15″ W.

    2. Race Area #2. All waters encompassed within a 700 yard radius of position 32°46′02″ N., 79°54′15″ W.

    3. Race Area #3. All waters encompassed within a 700 yard radius of position 32°45′55″ N., 79°53′39″ W.

    4. Race Area #4. All waters encompassed within a 600 yard radius of position 32°47′50″ N., 79°56′80″ W.

    (b) Definition. The term “designated representative” means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the regulated areas.

    (c) Regulations.

    (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative.

    (2) Persons and vessels desiring to enter, transit through, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at 843-740-7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative.

    (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

    (d) Enforcement Period. This rule will be enforced daily from 9 a.m. until 5 p.m. from April 20 through April 23, 2017.

    Dated: March 29, 2017 G.L. Tomasulo, Captain, U.S. Coast Guard, Captain of the Port Charleston.
    [FR Doc. 2017-06529 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0172] RIN 1625-AA00 Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for the navigable waters surrounding the entry of lava from Kilauea volcano into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The safety zone will encompass all waters extending 300 meters (984 feet) in all directions around all entry points of lava flow into the ocean. The entry points of the lava vary, and the safety zone will vary accordingly. The safety zone is needed to protect persons and vessels from the potential hazards associated with molten lava entering the ocean resulting in explosions of large chunks of hot rock and debris upon impact, collapses of the sea cliff into the ocean, hot lava arching out and falling into the ocean, and the release of toxic gases. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu or his designated representative.

    DATES:

    This rule is effective without actual notice from April 3, 2017, through 8 a.m. (HST) on September 28, 2017. For purposes of enforcement, actual notice will be used from 8 a.m. (HST) on March 28, 2017, through April 3, 2017.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-USCG-2017-0172 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary rule, call or email Lieutenant Commander Nicolas Jarboe, Waterways Management Division, U.S. Coast Guard; telephone 808-541-4359, email [email protected]

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section TFR Temporary Federal Regulation U.S.C. United States Code II. Background Information and Regulatory History

    Lava has been entering the ocean at Kamokuna on Kīlauea Volcano's south coast since July of 2016. As with all ocean entries during this long-lived Kīlauea eruption, hazards to people nearby on land and sea include: A plume of corrosive seawater laden with hydrochloric acid and fine volcanic particles that can irritate the skin, eyes, and lungs; explosions of debris and scalding water as hot rock interacts with the ocean; sudden collapse of lava deltas (new land formed as lava accumulates above sea level extending out from the base of the existing sea cliff); waves associated with explosions, collapses; plumes of hot water. For more information, please see: https://pubs.usgs.gov/fs/2000/fs152-00/.

    On New Year's Eve 2016, a large portion of the new lava delta collapsed into the ocean producing waves and explosions of debris. Following this collapse, portions of the adjacent sea cliff continued to collapse into the ocean producing localized ocean waves and showers of debris. As of late March 2017, a new delta has begun to form at the Kamokuna ocean entry. Additionally, cracks parallel to the sea cliff in the surrounding area persist, indicating further collapses with very little or no warning are possible.

    Based on a review of nearly 30 years of delta collapse and ejecta distance observations in the Hawaii Volcano Observatory records, a radius of 300 meters was determined as a reasonable minimum high hazard zone around a point of ocean entry.

    The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) [5 U.S.C. 553(b)]. This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency, for good cause, finds those procedures is “impractical, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for not publishing a NPRM and for making this rule effective less than 30 days after publication in the Federal Register. The Coast Guard finds it impractical to issue an NPRM with respect to this rule because of the emergency situation of potential hazards associated with molten lava entering the ocean resulting in explosions of large chunks of hot rock and debris upon impact, collapses of the sea cliff into the ocean, hot lava arching out and falling into the ocean, and the release of toxic gases that poses a danger to vessel traffic and the public. Publishing an NPRM and delaying the effective date would be contrary to the safety zone's intended objectives, including but not limited to protection of the public and mitigation of danger to nearby vessels from the hazards of flow entry into the ocean, enhancing public safety. Publishing a NPRM and delaying the effective date would also be contrary to the public interest since the occasion would occur before a notice-and-comment rulemaking could be completed, thereby jeopardizing the safety of the public. The COTP Honolulu finds this temporary safety zone must be effective immediately to ensure the safety of the public during Kilauea's active lava flow entry into the Pacific Ocean on the southeast side of the Island of Hawaii, HI.

    The Coast Guard is publishing an NPRM elsewhere in this issue of the Federal Register that proposes to establish a permanent safety zone for the navigable waters surrounding the entry of lava from Kilauea volcano into the Pacific Ocean on the southeast side of the Island of Hawaii, HI.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP Honolulu has determined that potential hazards associated with Kilauea's active lava flow entry into the Pacific Ocean on the southeast side of the Island of Hawaii, HI is safety concern for anyone within 300 meters (984 feet) in all directions around the entry of lava flow. The purpose of this rule is to ensure safety of public, vessels, and the navigable waters covered by the safety zone.

    IV. Discussion of Comments, Changes, and the Rule

    This temporary final rule establishes a safety zone from 8 a.m. (HST) on March 28, 2017, through 8 a.m. (HST) on September 28, 2017. The entry point of the lava does change based on flow, however the safety zone will encompass all waters extending 300 meters (984 feet) in all directions around the entry point of lava flow into the ocean associated with the lava flow at the Kamokuna lava delta. The safety zone is needed to protect persons and vessels from potential hazards associated with molten lava entering the ocean resulting in explosions of large chunks of hot rock and debris upon impact, hot lava arching out and falling into the ocean, and the release of toxic gases. No persons or vessels will be permitted to enter the safety zone without express authorization from the COTP Honolulu or his designated representative.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

    This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic will be able to safely transit around this safety zone which will only impacts a small designated area on the southeast side of the Island of Hawaii, HI. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the safety zone and the rule allows vessels to seek permission to enter the safety zone.

    B. Impact on Small Entities

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

    Some owners or operators of vessels, which may be small entities, conduct tours in the vicinity of the safety zone where lava flow enters the ocean. Some of these owners or operators reportedly navigate closer than 300 meters from the lava entry into the ocean. This rule may affect their operations. The safety zone does not prohibit ocean tours; however the safety zone simply requires operators and vessel owners to navigate at a safe distance. It also allows vessels to seek permission of the COTP Honolulu to get closer.

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a temporary safety zone lasting 6 months that will prohibit persons and vessels from entry into the 300 meters (984 feet) safety zone extending in all directions around the entry of lava flow into the Pacific Ocean. This safety zone is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T14-0172 to read as follows:
    § 165.T14-0172 Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI.

    (a) Location. The safety zone area is located within the COTP Zone (See 33 CFR 3.70-10) and encompasses one primary area from the surface of the water to the ocean floor at the Kilauea active lava flow entry into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The entry point of the lava does change based on flow, however the safety zone will encompass all waters extending 300 meters (984 feet) in all directions around the entry point of lava flow into the ocean associated with the lava flow at the Kamokuna lava delta.

    (b) Effective period. This rule is effective from 8 a.m. (HST) on March 07, 2017, through 8 a.m. (HST) on September 22, 2017.

    (c) Regulations. The general regulations governing safety zones contained in § 165.23 apply to the safety zone created by this temporary final rule.

    (1) All persons and vessels are required to comply with the general regulations governing safety zones found in this part.

    (2) Entry into or remaining in this safety zone is prohibited unless authorized by the COTP Honolulu or his designated representative.

    (3) Persons or vessels desiring to transit the safety zone identified in paragraph (a) of this section may contact the COTP of Honolulu through his designated representatives at the Command Center via telephone: (808) 842-2600 and (808) 842-2601; fax: (808) 842-2642; or on VHF channel 16 (156.8 Mhz) to request permission to transit the safety zone. If permission is granted, all persons and vessels must comply with the instructions of the COTP Honolulu or his designated representative and proceed at the minimum speed necessary to maintain a safe course while in the safety zone.

    (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies.

    (d) Notice of enforcement. The COTP Honolulu will provide notice of enforcement of the safety zone described in this section by verbal radio broadcasts and written notice to mariners.

    (e) Definitions. As used in this section, “designated representative” means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to assist in enforcing the safety zone described in paragraph (a) of this section.

    Dated: March 28, 2017. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu.
    [FR Doc. 2017-06473 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2017-0222] RIN 1625-AA00 Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Lubbers Cup Regatta AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce the safety zone on the Spring Lake in Spring Lake, MI in the vicinity of Keenan Marina within a rectangle that is approximately 6,300 by 300 feet for the Lubbers Cup Regatta on April 8, 2017 and April 9, 2017. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and after the Regatta. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan or a designated representative.

    DATES:

    The regulations in 33 CFR 165.929 will be enforced for safety zone (b)(2), Table 165.929, from 7:45 a.m. until 7:15 p.m. on April 8, 2017 and 7:45 a.m. until 12:15 p.m. on April 9, 2017.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this document, call or email marine event coordinator, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7148, email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the Lubbers Cup Regatta safety zone listed as item (b)(2) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone will encompass all waters of Spring Lake in Spring Lake, Michigan in the vicinity of Keenan Marina within a rectangle that is approximately 6,300 by 300 feet. The rectangle will be bounded by points beginning at 43°04.914′ N., 086°12.525′ W.; then east to 43°04.958′ N., 086°11.104′ W.; then south to 43°04.913′ N., 086°11.096′ W.; then west to 43°04.867′ N., 086°12.527′ W.; then north back to the point of origin. (NAD 83). As specified in 33 CFR 165.929, all vessels must obtain permission from the Captain of the Port Lake Michigan or a designated representative to enter, move within, or exit the safety zone when it is enforced. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port Lake Michigan or a designated representative.

    This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard plans to provide the maritime community with advance notification for the enforcement of this zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan or a representative may be contacted via Channel 16, VHF-FM.

    Dated: March 28, 2017. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
    [FR Doc. 2017-06471 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0176] RIN 1625-AA00 Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MD AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for certain waters of the Patapsco River. This action is necessary to provide for the safety of life on the navigable waters of the Inner Harbor at Baltimore, MD, during a fireworks display on April 8, 2017. This action will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative.

    DATES:

    This rule is effective from 11 p.m. on April 8, 2017, until 1 a.m. on April 10, 2017. This rule will be enforced from 11 p.m. on April 8, 2017, until 1 a.m. on April 9, 2017, or if necessary due to inclement weather, from 11 p.m. on April 9, 2017, until 1 a.m. on April 10, 2017.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0176 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this rulemaking, call or email Mr. Ronald Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]

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

    The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking with respect to this rule because doing so would be impracticable and contrary to the public interest. The event is scheduled to take place on April 9th and the safety zone must be in effect on that date in order to serve its purpose of ensuring the safety of the public from hazards associated with the fireworks display.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register because doing so would be impracticable and contrary to the public interest. Delaying the effective date would be contrary to the rule's objectives of ensuring the safety of the public from hazards associated with the fireworks display.

    The public fireworks display will be conducted by Fireworks by Grucci, Inc. and launched from five floating platforms located within the waters of Inner Harbor Baltimore, between Inner Harbor Pier 3 and Inner Harbor Pier 5 in Baltimore, MD. In the event of inclement weather, the fireworks display will be scheduled for April 9, 2017. Hazards from fireworks displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port (COTP) has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within a 75-yard radius of each of each of the five fireworks discharge sites.

    The fireworks display will be conducted at a time of year and time of day when boating traffic is expected to be minimal. The purpose of this rulemaking is to ensure the safety of persons and vessels on the navigable waters within the Inner Harbor before, during, and after the scheduled event. The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231.

    III. Discussion of Rule

    The COTP is establishing a safety zone from 11 p.m. on April 8, 2017, until 1 a.m. on April 9, 2017, and if necessary due to inclement weather, from 11 p.m. on April 9, 2017, until 1 a.m. on April 10, 2017. The safety zone will cover all navigable waters of the Patapsco River, Inner Harbor, from shoreline to shoreline, within an area bounded on the east by longitude 076°36′12″ W., and bounded on the west by the Inner Harbor west bulkhead, located at Baltimore, MD. The duration of the zone is intended to ensure the safety of persons and vessels on the specified navigable waters before, during, and after the scheduled 11:59 p.m. fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This temporary final rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

    This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. In some cases vessel traffic may be able to safely transit around this safety zone which would impact a small designated area of Inner Harbor Baltimore for 2 hours during the evening when vessel traffic is normally low. The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16 to provide information about the safety zone.

    B. Impact on Small Entities

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting 2 hours that would prohibit vessel movement within a portion of Baltimore's Inner Harbor. Normally such actions are categorically excluded from further review under paragraph 34(g) of figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T05-0176 to read as follows:
    § 165.T05-0176 Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MD.

    (a) Definitions. As used in this section:

    (1) Captain of the Port Maryland-National Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region.

    (2) Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcement of the safety zone described in paragraph (a) of this section.

    (b) Location. The following area is a safety zone: All waters of the Patapsco River, Inner Harbor, from shoreline to shoreline, within an area bounded on the east by longitude 076°36′12″ W., and bounded on the west by the Inner Harbor west bulkhead, located at Baltimore, MD. All coordinates refer to datum NAD 1983.

    (c) Regulations. The general safety zone regulations found in 33 CFR part 165, subpart C apply to the safety zone created by this section.

    (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23.

    (2) Entry into or remaining in this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Maryland-National Capital Region. All vessels underway within this safety zone at the time it is implemented are to depart the zone.

    (3) Persons desiring to transit the area of the safety zone shall obtain authorization from the Captain of the Port Maryland-National Capital Region or designated representative. To request permission to transit the area, the Captain of the Port Maryland-National Capital Region and or designated representatives can be contacted at telephone number 410-576-2693 or on marine band radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on marine band radio VHF-FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted to enter the safety zone, all persons and vessels shall comply with the instructions of the Captain of the Port Maryland-National Capital Region or designated representative and proceed as directed while within the zone.

    (4) Enforcement officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies.

    (d) Enforcement period. This section will be enforced from 11 p.m. on April 8, 2017, until 1 a.m. on April 9, 2017, and if necessary due to inclement weather, from 11 p.m. on April 9, 2017, until 1 a.m. on April 10, 2017.

    Dated: March 28, 2017. L.P. Harrison, Jr., Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region.
    [FR Doc. 2017-06451 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-1081] Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Start of the Chicago to Mackinac Race AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce a safety zone for the Start of the Chicago to Mackinac Race on a portion of Lake Michigan on July 15, 2017. This action is intended to ensure the safety of life on the navigable waterway immediately before, during, and after this event. During the enforcement period listed below, no vessel may transit this safety zone without approval from the Captain of the Port Lake Michigan or a designated representative.

    DATES:

    The regulations in 33 CFR 165.929 will be enforced for the location listed in item (e)(45) in Table 165.929 from 10 a.m. until 4 p.m. on July 15, 2017.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this notice of enforcement, call or email LT Lindsay Cook, Waterways Management Division, Marine Safety Unit Chicago, at 630-986-2155, email address [email protected]

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the Safety Zone; Start of the Chicago to Mackinac Race listed as item (e)(45) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone encompasses all waters of Lake Michigan in the vicinity of the Navy Pier at Chicago IL, within a rectangle that is approximately 1500 by 900 yards. The rectangle is bounded by the coordinates beginning at 41°53.252′ N., 087°35.430′ W.; then south to 41°52.812′ N., 087°35.430′ W.; then east to 41°52.817′ N., 087°34.433′ W.; then north to 41°53.250′ N., 087°34.433′ W.; then west, back to point of origin. This safety zone will be enforced on July 15, 2017, from 10 a.m. until 4 p.m.

    All vessels must obtain permission from the Captain of the Port Lake Michigan, or his or her designated on-scene representative to enter, move within, or exit this safety zone during the enforcement times listed in this notice of enforcement. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case-by-case basis. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port Lake Michigan, or his or her on-scene representative.

    This notice of enforcement is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). The Coast Guard will provide the maritime community with advance notification of this enforcement period via Broadcast Notice to Mariners and Local Notice to Mariners. The Captain of the Port Lake Michigan or a designated on-scene representative may be contacted via VHF Channel 16 during the event.

    Dated: March 27, 2017. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
    [FR Doc. 2017-06496 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 447 [CMS-2399-F] RIN 0938-AS92 Medicaid Program; Disproportionate Share Hospital Payments—Treatment of Third Party Payers in Calculating Uncompensated Care Costs AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    This final rule addresses the hospital-specific limitation on Medicaid disproportionate share hospital (DSH) payments under section 1923(g)(1)(A) of the Social Security Act (Act), and the application of such limitation in the annual DSH audits required under section 1923(j) of the Act, by clarifying that the hospital-specific DSH limit is based only on uncompensated care costs. Specifically, this rule makes explicit in the text of the regulation, an existing interpretation that uncompensated care costs include only those costs for Medicaid eligible individuals that remain after accounting for payments made to hospitals by or on behalf of Medicaid eligible individuals, including Medicare and other third party payments that compensate the hospitals for care furnished to such individuals. As a result, the hospital-specific limit calculation will reflect only the costs for Medicaid eligible individuals for which the hospital has not received payment from any source.

    DATES:

    These regulations are effective on June 2, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Wendy Harrison, (410) 786-2075.

    SUPPLEMENTARY INFORMATION:

    I. Background A. Legislative History

    Title XIX of the Act authorizes the Secretary of the Department of Health and Human Services (the Secretary) to provide grants to states to help finance programs furnishing medical assistance (state Medicaid programs) to specified groups of eligible individuals in accordance with an approved state plan. “Medical Assistance” is defined at section 1905(a) of the Act as payment for part or all of the cost of a list of specified care for eligible individuals. Section 1902(a)(13)(A)(iv) of the Act requires that payment rates for hospitals take into account the situation of hospitals that serve a disproportionate share of low-income patients with special needs. Section 1923 of the Act contains more specific requirements related to payments for such disproportionate share hospitals (DSH) payments. These specific statutory requirements include aggregate state level limits, hospital-specific limits, qualification requirements, and auditing requirements.

    Under section 1923(b) of the Act, a hospital meeting the minimum qualifying criteria in section 1923(d) of the Act is deemed as a disproportionate share hospital (DSH). States have the option to define DSHs under the state plan using alternative qualifying criteria as long as the qualifying methodology comports with the deeming requirements of section 1923(b) of the Act. Subject to certain federal payment limits, states are afforded flexibility in setting DSH state plan payment methodologies to the extent that these methodologies are consistent with section 1923(c) of the Act.

    Section 1923(f) of the Act limits federal financial participation (FFP) for total statewide DSH payments made to eligible hospitals in each federal fiscal year (FY) to the amount specified in an annual DSH allotment for each state. These allotments essentially establish a finite pool of available federal DSH funds that states use to pay the federal portion of payments to all qualifying hospitals in each state. As states often use most or all of their federal DSH allotment, in practice, if one hospital gets more DSH funding, other DSH-eligible hospitals in the state may get less.

    B. Hospital-Specific DSH Limit

    Section 13621 of the Omnibus Budget Reconciliation Act of 1993 (OBRA 93), which was signed into law on August 10, 1993, added section 1923(g) of the Act, limiting Medicaid DSH payments during a year to a qualifying hospital to the amount of uncompensated care costs for that same year. The Congress enacted the hospital-specific limit on DSH payments in response to reports that some hospitals received DSH payment adjustments that exceeded “the net costs, and in some instances the total costs, of operating the facilities.” (H.R. Rep. No. 103-111, at 211-12 (1993), reprinted in 1993 U.S.C.C.A.N. 278, 538-39.) Such excess payments were inconsistent with the purpose of the Medicaid DSH payment, which is to ameliorate the real economic burden faced by hospitals that treat a disproportionate share of low-income patients and to ensure continued access to care for Medicaid patients. Accordingly, Congress imposed a hospital-specific limit that restricts Medicaid DSH payments to qualifying hospitals to the costs incurred by the hospital of providing inpatient and outpatient hospital services during the year to Medicaid eligible patients and individuals who have no health insurance or other source of third party coverage for the services provided during the year, net of Medicaid payments (other than Medicaid DSH) and payments by uninsured patients. The statute states that the costs of providing services are “as determined by the Secretary,” and as further explained below, the Secretary has determined that “costs,” as it is used in the statute, are costs net of third-party payments received for those services, including, but not limited to, payments by Medicare and private insurance. As a result, the hospital-specific limit will reflect only the amount of uncompensated care costs for that same year.

    Congress revisited the DSH payment requirements in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173, enacted on December 8, 2003). The MMA added section 1923(j) to the Act, which requires states to report specified information about their DSH payments, including independent, certified audits that, among other elements, are required to review compliance with the hospital-specific limits under section 1923(g)(1)(A) of the Act. Significantly, section 1923(j)(2)(C) of the Act provides a gloss on section 1923(g)(1)(A), by specifying that the audits must verify that only the uncompensated care costs of providing inpatient hospital and outpatient hospital services to individuals described in paragraph (1)(A) of such subsection [1923(g) of the Act] are included in the calculation of the hospital-specific limits under such subsection. Until the establishment of an audit requirement, there was no standardization among the states as to how the hospital-specific limit was calculated. In the late 1990's and early 2000's the Government Accountability Office (GAO) and the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a series of reports focusing on the hospital-specific DSH limit. Among other findings, the GAO and OIG reports identified multiple instances where states included unallowable costs or did not account for costs net of applicable payments when determining the hospital-specific limits. These reviews and audits led to the enactment, as part of the MMA, of the audit requirements at section 1923(j) of the Act. Section 1923(j) of the Act not only required that we issue standardized audit methods and procedures, it also provided clarity on how the hospital-specific limit should be applied. Specifically, section 1923(j)(2)(C) of the Act provides that only the uncompensated care costs of providing inpatient hospital and outpatient hospital services to individuals (described in section 1923(g)(1)(A of the Act) are included in the calculation of the hospital-specific limits under section 1923(g)(1)(A) of the Act. This provision makes clear that Congress intended that the hospital-specific limit at section 1923(g)(1) of the Act only includes uncompensated care costs. And it also makes clear that FFP is not available for DSH payments that exceed a hospital's hospital-specific limit. In passing OBRA 93 and the hospital-specific DSH limit, Congress contemplated that hospitals with “large numbers of privately insured patients through which to offset their operating losses on the uninsured” may not warrant Medicaid DSH payments (H. Rep. 103-111, p. 211).

    C. The 2008 DSH Final Rule and Subsequent Policy Guidance

    Section 1001 of the MMA required annual state reports and audits to ensure the appropriate use of Medicaid DSH payments and compliance with the DSH limit imposed at section 1923(g) of the Act.

    In the August 26, 2005, Federal Register we published the “Medicaid Program; Disproportionate Share Hospital Payments” proposed rule (70 FR 50262) to implement the annual DSH audit and reporting requirements established or amended by the MMA. During the public comment period, one commenter requested clarification regarding the treatment of individuals dually eligible for Medicaid and Medicare for purposes of calculating the hospital-specific DSH limit. We responded to this comment in the “Medicaid Disproportionate Share Hospital Payments” final rule (73 FR 77904) (herein referred to as the 2008 DSH final rule) published in the December 19, 2008 Federal Register. As section 1923(g) of the Act limits DSH payments on a hospital-specific basis to “uncompensated costs,” the response to the comment clarified that all costs and payments associated with individuals dually eligible for Medicare and Medicaid, including Medicare payments received by the hospital on behalf of the patients, must be included in the calculation of the hospital-specific DSH limit. In other words, the extent to which a hospital receives Medicare payments for services rendered to Medicaid eligible patients must be accounted for in determining uncompensated care costs for those services.6

    We also indicated in the 2008 DSH final rule that to be considered an inpatient or outpatient hospital service for purposes of Medicaid DSH, a service must meet the federal and state definitions of an inpatient hospital service or outpatient hospital service and must be included in the state's definition of an inpatient hospital service or outpatient hospital service under the approved state plan and paid under the state plan as an inpatient hospital or outpatient hospital service. While a state may have some flexibility to define the scope of inpatient or outpatient hospital services covered by the state plan, a state must use consistent definitions. Hospitals may engage in any number of activities, or may furnish practitioner, nursing facility, or other services to patients that are not within the scope of inpatient hospital services or outpatient hospital services and are not paid as such. These services are not considered inpatient or outpatient hospital services for purposes of calculating the Medicaid hospital-specific DSH limit.

    Following the publication of the 2008 DSH final rule, we received numerous questions from interested parties regarding the treatment of costs and payments associated with dual eligible and Medicaid eligible individuals who also have a source of third party coverage (for example, coverage from a private insurance company) for purposes of calculating uncompensated care costs. We posted additional policy guidance titled “Additional Information on the DSH Reporting and Audit Requirements” on the Medicaid Web site at https://www.medicaid.gov/medicaid/financing-and-reimbursement/dsh/ making it clear that all costs and payments associated with dual eligible and individuals with a source of third party coverage must be included in calculating the hospital-specific DSH limit, as section 1923(g) of the Act limits DSH payments to “uncompensated costs.” This additional guidance was based upon the policy articulated in the 2008 DSH final rule and was consistent with subregulatory guidance issued to all state Medicaid directors on August 16, 2002.

    In the August 16, 2002, letter to state Medicaid directors, we directed that when a state calculates the uninsured costs and the Medicaid shortfall for the OBRA 93 uncompensated care cost limits, it must reflect a hospital's costs of providing services to Medicaid patients and the uninsured, net of Medicaid payments (except DSH) made under the state plan and net of third party payments. Medicaid payments include, but are not limited to, regular Medicaid fee-for-service rate payments, any supplemental or enhanced payments, and Medicaid managed care organization payments. The guidance also stated that not recognizing these payments would overstate a hospital's amount of uninsured costs and Medicaid shortfall, thus inflating the OBRA 93 uncompensated care cost limits for that particular hospital. As state DSH payments are limited to an annual federal allotment, this policy is necessary to ensure that limited DSH resources are allocated to hospitals that have a net financial shortfall in serving Medicaid patients.

    Prior to the 2008 DSH final rule, some states and hospitals were excluding both costs and payments associated with Medicaid eligible individuals with third party coverage, including Medicare, when calculating hospital-specific DSH limits (or were including costs while not including payments). Excluding both costs and payments associated with Medicaid eligible individuals is not consistent with the statutory requirement that we include the costs of all individuals “eligible for medical assistance,” which means those individuals eligible for Medicaid. Including costs (while not including payments) led to the artificial inflation of uncompensated care costs and, correspondingly, of hospital-specific DSH limits and permitted some hospitals to be paid based on the same costs by two payers—once by Medicare or other third party payer and once by Medicaid. The clarification included in the 2008 DSH final rule and subsequent subregulatory guidance promotes fiscal integrity and equitable distribution of DSH payments among hospitals by preventing payment to DSH hospitals based on costs that are covered by Medicare or a private insurer. It also promotes program integrity by ensuring that hospitals receive Medicaid DSH payments only up to the actual uncompensated care costs incurred in providing inpatient and outpatient hospital services to Medicaid eligible individuals or individuals with no health insurance or other source of third party coverage.

    Given the timing of the final rule and audit requirements, we recognized that there could have been a retroactive impact on some states and hospitals if the requirements had been imposed immediately. To ensure that states and hospitals did not experience any immediate adverse fiscal impact due to the publication of the DSH audit and reporting final rule and to foster development and refinement of auditing techniques, we included a transition period in the final rule. During this transition period, states were not required to repay FFP associated with Medicaid DSH overpayments identified through the annual DSH audits. The final rule allowed for a 3-year period between the close of the state plan rate year and when the final audit was due to us, which meant that audits for state plan rate year 2008 were not due to us until December 31, 2011. Recognizing that states would be auditing state plan rate years that closed prior to publication of the final rule, we stated in the final rule that there would be no financial implications until the audits for state plan rate year 2011 were due to us on December 31, 2014. This allowed states and hospitals to adjust to the audit requirements and make adjustments as necessary. This resulted in a transition period for the audits associated with state plan rate years 2005 through 2010.

    The 2008 DSH final rule also reiterated our policy that costs and payments are treated on an aggregate, hospital-specific basis. In that rule, we explicitly acknowledge that there will be instances where Medicaid payments will be greater than the costs of treating Medicaid eligible patients. But because those payments reduce the overall uncompensated costs of treating Medicaid eligible patients, we required that all Medicaid payments be included in the hospital-specific limit calculation, and explained that any “excess” payments will be applied against the uncompensated care costs that result from the uninsured calculation. This position is codified in § 455.304(d)(4). Specifically, for purposes of the hospital-specific limit calculation, any Medicaid payments, including but not limited to regular Medicaid fee-for-service rate payments, supplemental/enhanced Medicaid payments, and Medicaid managed care organization payments, made to a disproportionate share hospital for furnishing inpatient and outpatient hospital services to Medicaid eligible individuals, which are in excess of the Medicaid incurred costs for these services, are applied against the total uncompensated care costs of furnishing inpatient and outpatient hospital services to individuals with no source of third party coverage for such services.

    The same principle applies to payments received from third party payers that exceed the cost of the service provided to a particular Medicaid eligible individual. All third party payments (including, but not limited to, payments by Medicare and private insurance) must be included in the calculation of uncompensated care costs for purposes of determining the hospital-specific DSH limit, regardless of what the Medicaid incurred cost is for treating the Medicaid eligible individual. For example, if a hospital treats two Medicaid eligible patients at a cost of $2,000 and receives a $500 payment from a third party for each individual and a $100 payment from Medicaid for each individual, the total uncompensated care cost to the hospital is $800, regardless of whether the payments received for one patient exceeded the cost of providing the service to that individual.

    Subsequent to both the 2008 DSH final rule and the 2010 guidance, multiple states, hospitals, and other stakeholders expressed concern regarding this policy and requested clarification. In addition to requests for clarification, some states challenged this policy. We have disapproved one state plan amendment (SPA) proposing to exclude from the hospital-specific limit calculation the portion of a Medicare payment that exceeds the cost of providing a service to a dual eligible and one state plan amendment SPA proposing to exclude the portion of a third party commercial payment that exceeds the cost of providing a service to a Medicaid eligible individual with private insurance coverage. Additionally, some hospitals, and one state government agency, have sued regarding the treatment of third party payers in calculating uncompensated care costs.

    In light of the statutory requirement limiting DSH payments on a hospital-specific basis to uncompensated care costs, it is inconsistent with the statute to assist hospitals with costs that have already been compensated by third party payments. This final rule is designed to reiterate the policy and make explicit within the terms of the regulation that all costs and payments associated with dual eligible and individuals with a source of third party coverage must be included in calculating the hospital-specific DSH limit. This policy is necessary to ensure that only actual uncompensated care costs are included in the Medicaid hospital-specific DSH limit. And, because state DSH payments are limited to an annual federal allotment, this policy is also necessary to ensure that limited DSH resources are allocated to hospitals that have a net financial shortfall in serving Medicaid patients.

    In a simplified example, consider a state that has only two hospitals. The first hospital treated only patients who were either uninsured or eligible for Medicaid, and received no payments other than from Medicaid. The hospital-specific limit for this hospital would be equal to the hospital's total costs of treating its patients through inpatient hospital or outpatient hospital services minus the non-DSH Medicaid payments. The second hospital, on the other hand, treated only patients who were either uninsured or dually eligible for Medicaid and Medicare, and received no payments other than from Medicaid and Medicare. Under 1902(a)(13)(A)(iv) of the Act, the “situation” of the second hospital that receives comparatively generous payments from Medicare for the dual eligible is relevantly different than the “situation” of the first hospital that has not received such payments. Our policy—that Medicare and other third party payments must be taken into account when determining a hospital's costs for the purpose of calculating Medicaid DSH payments—ensures that the DSH payment reflects the real economic burden of hospitals that treat a disproportionate share of low-income patients (that is, the “situation” of the hospitals). Turning back to the example, the hospital-specific limit for the second hospital must take into account both the Medicaid and Medicare payments. If the hospital-specific limit did not take into account the Medicare payments, the second hospital would be able to receive DSH dollars in excess of its uncompensated care costs. As federal DSH funding is limited by the state-wide DSH allotment, the excess DSH payments to the second hospital may be at the expense of the first hospital, which could otherwise receive these DSH dollars.

    II. Summary of Proposed Provisions

    We proposed to clarify the hospital-specific limitation on Medicaid DSH payments under section 1923(g)(1)(A) of the Act and annual DSH audit requirements under section 1923(j) of the Act. Specifically, this rule proposes to modify the terms of the current regulation to make it explicit that “costs” for purposes of calculating hospital-specific DSH limits are costs net of third-party payments received.

    At § 447.299 we proposed to clarify the definition of “Total cost of care for Medicaid IP/OP services” to specify that the total annual costs of inpatient hospital and outpatient hospital (IP/OP) services must account for all third party payments, including, but not limited to payments by Medicare and private insurance.

    III. Analysis of and Responses to Public Comments

    We received 161 timely comments from state Medicaid agencies, provider associations, providers, and other interested parties, in response to the publication of the Disproportionate Share Hospital Payments—Treatment of Third Party Payers in Calculating Uncompensated Care Costs proposed rule. During our review of these comments, we identified 10 general comment areas, in which we received multiple comments, from multiple respondents. We also received 9 specific comments that did not fit into the general comment areas. Those comments and our responses are included below.

    A. Proposed Rule Is Consistent With the Statute

    Comment: Many commenters suggested that CMS' interpretation of the hospital-specific limit is inconsistent with the statutory language under section 1923(g)(1)(A) of the Social Security Act, or that CMS' interpretation is not required under section 1923(j) of the Act.

    Response: We disagree with these commenters. The statute limits Medicaid DSH payments to the amount of uncompensated care costs for that same year. Specifically, the statute limits the DSH payment to the costs incurred by the hospital of providing inpatient and outpatient hospital services during the year to Medicaid eligible patients and individuals who have no health insurance or other source of third party coverage for the services provided during the year, net of Medicaid payments (other than Medicaid DSH) and payments by uninsured patients. The statute states that the costs of providing services are “as determined by the Secretary”; such language gives us the discretion to take Medicare and other third party payments into account when determining a hospital's costs for the purpose of calculating Medicaid DSH payments. As a result, the hospital-specific limit calculation reflects only the costs for Medicaid eligible individuals for which the hospital has not received payment from any source.

    Even though the 2008 regulation did not expressly mention Medicare and third party payments, this policy is necessary to facilitate the Congressional directive of section 1923 of the Act in general, and the hospital-specific limit in particular, of limiting the DSH payment to a hospital's uncompensated care costs. Moreover, we have been clear in our longstanding policy and in the 2008 rule that all third party payments must be taken into account when calculating the hospital-specific limit. This policy was also articulated in subsequent implementation guidance.

    B. Uninsured and Dual Eligible Patients

    Comment: A number of commenters suggested that the policy reflected in the proposed rule should not apply to dual eligible patients for which there has not been a Medicaid claim generated or a Medicaid payment received on behalf of the dually eligible individual, noting that children who qualify for Medicaid often have Medicaid as their secondary coverage. According to the commenters, by including private insurance payments for services never billed to Medicaid, hospitals serving a high number of children with complex medical conditions may become ineligible for DSH funds, even though they have substantial losses for Medicaid-paid admissions and for the uninsured.

    Response: The statutory language refers to those “eligible for medical assistance,” which means those individuals eligible for Medicaid benefits. The statutory language does not condition eligibility on whether the cost of the service was claimed, or if a Medicaid payment was received. Therefore, all costs and payments associated with Medicaid eligible individuals must be included in the hospital-specific limit calculation, regardless of whether Medicaid made a payment.

    Moreover, the commenters' belief—that under our longstanding policy, a hospital may receive a DSH payment up to the hospital-specific limit and nevertheless incur “substantial losses” for treating Medicaid eligible and uninsured individuals—is incorrect. In the situation where a hospital receives a DSH payment up to the hospital-specific limit, a hospital will have received payments equal to the cost of providing inpatient and outpatient hospital services to Medicaid patients and the uninsured (from Medicaid, Medicaid DSH, and from other payers). Rather, it appears that the commenters are suggesting that the hospital-specific limit calculation should take into account the cost of services that are not paid for as inpatient or outpatient services or costs that are not paid for by Medicaid at all. Ancillary programs and services that hospitals provide to patients may be laudable, but they are not paid for by Medicaid because they are not costs associated with furnishing inpatient and outpatient hospital services to Medicaid eligible and uninsured individuals. To the extent a hospital has actual uncompensated care costs for furnishing such hospital services, the hospital will be eligible to receive a DSH payment in accordance with the statute and regulation. Under our interpretation of the statute, the hospital-specific limit ensures that a hospital's eligible uncompensated care costs may be compensated but that Medicaid DSH payments will not double pay for costs that have already been compensated. Accordingly, we believe our approach best fulfills the purpose of the DSH statute.

    Comment: A few of the commenters suggested that CMS needs to reconsider how they determine a patient is uninsured, suggesting, for example, that the one-time determination of an individual's status as having third-party coverage should be reconsidered. The commenters also suggested that CMS should allow an inpatient hospital service to be reevaluated at the point that a benefit limit or dollar limit is reached, or benefits are otherwise exhausted, in which case the individual may be treated as uninsured for that portion of the stay.

    Response: We thank the commenters for this comment, but it is outside the scope of this rule. This rule does not address how a patient is determined to be “uninsured”. Rather, the rule is clarifying existing policy on the calculation of Medicaid uncompensated care costs for the purposes of making Medicaid DSH payments.

    C. Effective Date

    Comment: Multiple commenters suggested that, if the proposed rule is finalized, CMS should only impose this policy prospectively and should provide an adequate transition period to allow states to change their payment methodologies.

    Response: This rule is providing clarification to existing policy, therefore there is no issue of retroactivity, nor a need for a transition period. Under the 2008 regulation, states were provided a 5-year transition period, from 2005 through 2010. Given previous rulemaking and implementing guidance, we do not believe it is necessary to afford an additional transition period.

    D. No Increased Burden to States or Hospitals

    Comment: Many commenters suggested that the regulation will impose a great burden on all involved, which outweighs any incremental benefit in transparency and accountability, and diverts scarce financial and human resources away from providing and paying for care to beneficiaries.

    Response: We disagree with the commenters and believe that taking into account all third party payments associated with a Medicaid eligible individual better facilitates the Congressional directive of section 1923 of the Act in general, and the hospital-specific limit in particular. Medicaid DSH payments are limited to an annual federal allotment. As states often use most or all of their federal DSH allotment, in practice, if one hospital gets more DSH funding, other DSH-eligible hospitals in the state may get less. This policy ensures that limited DSH resources are allocated to hospitals that have a net financial shortfall in serving Medicaid patients. This rule does not reflect a change in policy and the language of this final rule accurately reflects existing policy.

    E. Pending Litigation

    Comment: Multiple commenters suggested that in light of the pending litigation, CMS should withdraw the proposed rule, refrain from enforcing its subregulatory guidance, and await the outcome of that litigation.

    Response: This final rule is a clarification of the existing policy and as such it is not necessary to wait for the outcome of the pending litigation. We believe that our interpretation—that all third party payments should be taken into account—better facilitates the Congressional directive of section 1923 of the Act in general, and the hospital-specific limit in particular, by limiting the DSH payment to a hospital's uncompensated care costs.

    F. Additional Costs Affecting Medicaid

    Comment: A number of commenters stated that the proposed rule would ensure consistency in how Medicaid shortfall is calculated and provide a more complete measure of the financial impact of these patients on hospital finances. These commenters suggested including certain costs of physicians and clinic services provided by hospitals in the calculation of “uncompensated care costs.” The commenters also suggested including provider contributions toward the non-federal share of DSH payments through health care related taxes and other mechanisms, which affect their net Medicaid payments.

    Response: We agree with the commenters that the rule as proposed would ensure consistency in how Medicaid uncompensated care costs are calculated and provide a more complete measure of the financial impact of Medicaid eligible patients on DSH hospitals. The proposed rule did not address whether certain costs of physicians and clinic services provided by hospitals and provider contributions toward the non-federal share of DSH payments should be included for purposes of calculating the hospital-specific limit. Therefore, this rule only addresses the scope of inpatient and outpatient hospital costs that can be included for Medicaid DSH purposes.

    G. Policy Clarification

    Comment: Many commenters suggested that CMS withdraw the proposed rule because it is not a clarification of existing policy, but rather a substantive rule that is changing the current policy.

    Response: We disagree. This rule does not reflect a change and the language of this final rule accurately reflects existing policy. This policy has also been articulated in the 2008 DSH final rule, as well as implementing guidance.

    H. Rule Poses No Financial Impact

    Comment: A few commenters suggested that the proposed rule would redistribute billions of dollars, therefore the rule will be considered as having an economically significant impact on hospitals. The commenters requested that CMS make all records available, including data and reports, used in drafting the proposed rule and publish a regulatory impact analysis for the rule.

    Response: Not recognizing third party payments associated with Medicaid eligible individuals would overstate a hospital's uncompensated care costs, thus inappropriately inflating the hospital-specific limit. Providing clarification to the existing policy ensures that the limited Medicaid DSH resources are allocated to hospitals that have a net financial shortfall in serving Medicaid patients. The regulatory impact of this final rule is specifically addressed in the regulatory impact section.

    I. Appropriate Allocation of DSH Funds

    Comment: Multiple commenters suggested that the proposed rule is most harmful to children's hospitals and safety net hospitals, such as Medicare-dependent hospitals, rural facilities, critical access hospitals, sole community hospitals, and Indian Health Service (IHS) areas, which are the very hospitals that the Medicaid DSH program was developed to help.

    Response: The policy reflected in the proposed rule does not disproportionately harm children's hospitals and safety net hospitals. We believe this rule ensures the appropriate allocation of Medicaid DSH dollars to those hospitals that have a true financial shortfall related to serving Medicaid eligible individuals. The intent of this rule is to provide clarification to the statutory requirements and ensure Medicaid DSH dollars are available to offset costs that are truly uncompensated.

    J. Applying the Rule

    Comment: A few commenters suggested that CMS should withdraw the proposed rule because, if finalized, this rule cannot be enforced, applied or implemented uniformly across all states.

    Response: This rule ensures that existing interpretive policy is explicitly reflected in our regulatory text. This policy is currently being enforced, applied and implemented uniformly across all states, except in limited instances where we have suspended enforcement of the existing policy in light of court orders. We appreciate the commenters' concern but are finalizing the rule as proposed.

    In addition to the comments we discussed above, we received 9 comments that did not fit into the 10 general comment areas. Those additional 9 comments, along with our responses, are included below.

    Comment: One commenter suggested that comments received through the rulemaking process cannot be considered meaningful consultation within the scope of Executive Order 13175 and CMS' own tribal consultation policy, which states that tribal consultation must take place prior to the rulemaking process.

    Response: Executive Order 13175 and our own tribal consultation policy state that to the extent practicable and permitted by law, no agency shall issue any regulation that will significantly affect Indian Tribes, without prior consultation with tribal officials. The rule as proposed would not have a significant impact on Indian Tribes because the language of this rule accurately reflects existing policy that is currently being enforced, applied and implemented uniformly across all states, except in limited instances where we have suspended enforcement of the existing policy in light of court orders. Further, this policy has been previously articulated in the 2008 DSH final rule. During the development of the 2008 DSH final rule, the agency held the required tribal consultation.

    Comment: One commenter wanted to reiterate concerns raised in comments submitted on CMS-1655-P, Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Long-Term Care Hospital Payment System and Proposed Policy Changes and Fiscal Year 2017 rates, et al. The Medicare DSH payment is a percentage add-on to the standard diagnosis-related group (DRG) payment (excluding new technology add-on payments and outlier payments). Effective October 1, 2013 the methodology for calculating Medicare DSH payments was revised so that eligible hospitals are paid 25 percent of the DSH payment under the previous methodology, and the remaining 75 percent is an uncompensated care payment allocated from a prospectively determined estimate of dollars. Medicare allocates these dollars based on the ratio of a hospital's uncompensated care costs to the uncompensated care costs of all hospitals eligible for Medicare DSH. We proposed to define uncompensated care costs as the costs of charity care and non-Medicare bad debt and to incorporate Worksheet S-10 data over a 3-year period beginning in FY 2018, where insured low income day data (which we have been using as a proxy for uncompensated care costs) will be averaged with uncompensated care cost data.

    Response: This rule does not impact the formula for calculating Medicare DSH payments. Medicaid and Medicare DSH operate under two different statutory authorities and this final rule only addresses the Medicaid DSH calculation. As such, Medicaid uncompensated care costs include only those costs for Medicaid eligible individuals that remain after accounting for all payments received by hospitals by or on behalf of Medicaid eligible individuals, including Medicare and other third party payments that compensate the hospitals for care furnished to such individuals.

    Comment: One commenter stated that adherence to Medicare reasonable costs principles and methods in the DSH program is clearly emphasized throughout the law, the rules and other CMS guidance, and that FAQ 33 violates these principles, many of which are foundational to the earliest days of the Medicare and Medicaid program. According to the commenter, CMS stated in FAQ 21 that the same methods used in preparing the Medicare 2552-96 cost report should be applied in determining costs to be used in calculating the hospital-specific DSH limits, and that Medicare reasonable cost principles do not allow for other patients to bear the cost of care provided to program beneficiaries.

    Response: In the Additional Information on the DSH Reporting and Audit Requirements, Part I, FAQ 33, we clarified that “days, costs, and revenues associated with patients that are eligible for Medicaid and also have private insurance should be included in the calculation of the hospital-specific DSH limit. As Medicaid should be the payer of last resort, hospitals should also offset both Medicaid and third-party revenue associated with the Medicaid eligible day against the costs for that day to determine any uncompensated amount.” We disagree that this violates Medicare cost principles or general methods in the CMS-2552 cost report. Since the costs of these services are included in the hospital-specific DSH limit calculation, revenue associated with those same services must be applied as offsets to arrive at net costs to the hospital for the services. In the CMS-2552 settlement worksheets, payments received for program services, including payment from non-program sources, are offset against costs of program services (or program payment amount) to arrive at net program payment. Furthermore, we disagree that this application results in other patients bearing the cost of care provided to program beneficiaries. The clarification in the cited FAQ and in this rule continues to allow the hospital-specific DSH limit to recognize a hospital's uncompensated care costs for Medicaid services (including those Medicaid services for which there is Medicare or third party payment) and uninsured services.

    Comment: One commenter suggested that CMS and states should leverage the same coordination of benefits processes employed by state Medicaid programs, which would capture resource and cost efficiencies as well as economies of scale. According to the commenter, CMS and states must mandate that providers of DSH services submit individual claims transactions through MMIS so that Medicaid will be able to look for instances where the uninsured individual has access to other health insurance that can be billed as primary. The commenter suggested that these recommendations are in line with GAO and MACPAC recommendations.

    Response: While we understand the importance of ensuring accurate accounting of payments, this rule is not related to coordination of benefits or claims transactions. We always encourage state efforts to assist uninsured individuals in exploring avenues to obtain health care coverage. Also, Medicaid DSH is not an individual service payment, rather it is a payment in recognition of costs that certain hospitals incur for serving Medicaid and uninsured individuals.

    Comment: One commenter referenced a State Medicaid Plan, approved by CMS from 2004 to 2013, which set forth the hospital-specific Medicaid DSH limit calculation in detail and made no mention of private health insurance or Medicare payments made on behalf of Medicaid eligible patients as separate offsets.

    Response: The approved state plan in question did not go into sufficient detail to address the policy at issue here. The state plan language provided assurances that the state was abiding by statutory requirements, but did not delve into the details of the hospital-specific limit. We anticipate that the state in question will comply with applicable statutory and regulatory requirements in implementing its state plan, and that the independent DSH audit will determine if it did so.

    Comment: One commenter requested clarification that the proposed rule in no way affects the qualifying criteria for a hospital being deemed DSH, and that it only applies to limit the financial benefit associated with such determination.

    Response: This final rule does not address deeming qualifications for hospitals for Medicaid DSH purposes. Determining how a hospital qualifies as a DSH is not within the scope of this rule.

    Comment: One commenter asked that we address whether the source of private insurance must come from private health insurance owned by the Medicaid beneficiary or whether it can come from a policy otherwise identifying the Medicaid beneficiary and paying the hospital for hospital services furnished to the beneficiary.

    Response: This rule clarifies existing policy that uncompensated care costs include only those costs for Medicaid eligible individuals that remain after accounting for payments received by hospitals by or on behalf of Medicaid eligible individuals, including Medicare and other third party payments that compensate the hospitals for care furnished to such individuals. Therefore, those payments received by or on behalf of Medicaid eligible individuals from private health insurance, regardless of whether the policy is owned by or otherwise covers some or all of the costs of hospital services furnished to the Medicaid beneficiary, must be accounted for.

    Comment: One commenter encouraged CMS to permit a hospital to carry net uncompensated care cost forward for one year, in the event that the following year a DSH qualified hospital realized an extraordinary third party liability (TPL) recovery year, resulting in the hospital exceeding its hospital-specific limit.

    Response: This rule does not address how uncompensated care costs are attributed for accounting purposes. The final rule from 2008 lays out the detailed requirements for how costs should be audited and reported, and those requirements do not permit a hospital to carry net uncompensated care cost forward for one year, in the event that the following year a DSH qualified hospital realized an extraordinary TPL recovery year.

    Comment: One commenter suggested CMS consider the Medicaid provider tax with this rule, stating that the Medicaid provider tax on the state's hospitals is currently only using 28 percent of the tax money to benefit the hospitals by funding the Medicaid DSH allotment. According to the commenter, this rule could have many of these hospitals paying this provider tax without receiving anything back in the form of DSH payments to help offset the cost.

    Response: This rule does not address how states utilize revenues generated by health-care related taxes. While we realize that many states impose health care-related taxes to generate non-federal share for Medicaid payments, there is no requirement that the revenues be used to fund payments back to the same provider class. States have flexibility in how they utilize the revenues so long as there are no hold harmless violations.

    IV. Provisions of the Final Rule

    We are finalizing the provisions as proposed.

    V. Collection of Information Requirements

    This rule does not impose any new or revised information collection requirements or burden. It does not impact currently approved reporting, auditing, or state plan requirements or associated burden estimates. Consequently, this rule is not subject to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

    VI. Regulatory Impact Statement A. Statement of Need

    This final rule will ensure that only the uncompensated care costs for covered services provided to Medicaid eligible individuals are included in the calculation of the hospital-specific DSH limit, as required by section 1923(g) of the Act.

    B. Overall Impact

    We have examined the impacts of this rule as required by Executive Order 12866 on Regulatory Planning and Review (September 30, 1993), Executive Order 13563 on Improving Regulation and Regulatory Review (January 18, 2011), the Regulatory Flexibility Act (Pub. L. 96-354 enacted on September 19, 1980) (RFA), section 1102(b) of the Social Security Act, section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4 enacted on March 22, 1995) (UMRA), Executive Order 13132 on Federalism (August 4, 1999) and the Congressional Review Act (5 U.S.C. 804(2)).

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Section 3(f) of Executive Order 12866 defines a “significant regulatory action” as an action that is likely to result in a rule: (1) Having an annual effect on the economy of $100 million or more in any 1 year, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local or tribal governments or communities (also referred to as “economically significant”); (2) creating a serious inconsistency or otherwise interfering with an action taken or planned by another agency; (3) materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

    A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). This rule does not reach the economic threshold and thus is not considered a “significant regulatory action” under E.O. 12866, nor a “major rule” under the Congressional Review Act.

    The RFA requires agencies to analyze options for regulatory relief for small entities, and to prepare a final regulatory flexibility analysis if a rule is found to have a significant impact on a substantial number of small entities. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small government jurisdictions. The great majority of hospitals and most other health care providers and suppliers are small entities, either by being nonprofit organizations or by meeting the SBA definition of a small business (having revenues of less than $7.5 million to $38.5 million in any 1 year).

    We are not preparing a final regulatory flexibility analysis because we have determined, and the Secretary certifies, that this final rule will not have a significant economic impact on a substantial number of small entities.

    In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area for Medicare payment regulations and has fewer than 100 beds. We are not preparing an analysis for section 1102(b) of the Act because we have determined, and the Secretary certifies, that this final rule will not have a significant impact on the operations of a substantial number of small rural hospitals.

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. Currently, that threshold is approximately $146 million. Since this rule would not mandate spending costs on state, local, or tribal governments in the aggregate, or by the private sector over the threshold of $146 million or more in any 1 year, the requirements of the UMRA are not applicable.

    Executive Order 13132 establishes certain requirements that an agency must meet when it issues a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on state and local governments, preempts state law, or otherwise has federalism implications. Since this regulation does not impose any costs on state or local governments, the requirements of Executive Order 13132 are not applicable.

    C. Anticipated Effects 1. Effects on State Medicaid Programs

    Because this is not a change in policy, we do not anticipate that this final rule will have significant financial effects on state Medicaid programs. This rule will only make explicit within the terms of the regulation that “costs” for purposes of section 1923(g) of the Act are costs net of third-party payments.

    2. Effects on Other Providers

    Because this is not a change in policy, we do not anticipate that this final rule will have significant financial effects on other providers. This rule would only make explicit within the regulation that “costs” for purposes of section 1923(g) of the Act are costs net of amounts that have been paid by third parties and will ensure a more equitable distribution of Medicaid DSH payments within each state.

    D. Alternatives Considered

    We considered not proposing this rule. However, numerous states and other stakeholders have requested clarification regarding this requirement. Accordingly, we are proposing to make explicit within the terms of our regulation our existing policy that implements sections (g) and (j) of the Act, in part.

    Additionally, we considered issuing additional policy guidance through subregulatory means, such as a letter to all state Medicaid directors. However, we anticipate that modifying the regulatory text of 42 CFR part 447 is as clear and comprehensive as possible on this issue, avoiding any need for future clarification.

    In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget.

    List of Subjects in 42 CFR Part 447

    Accounting, Administrative practice and procedure, Drugs, Grant programs—health, Health facilities, Health professions, Medicaid, Reporting and recordkeeping requirements, Rural areas.

    For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 42 CFR chapter IV as set forth below:

    PART 447—PAYMENTS FOR SERVICES 1. The authority citation for part 447 continues to read as follows: Authority:

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

    2. Section 447.299 is amended by revising paragraph (c)(10) to read as follows:
    § 447.299 Reporting requirements.

    (c) * * *

    (10) Total Cost of Care for Medicaid IP/OP Services. The total annual costs incurred by each hospital for furnishing inpatient hospital and outpatient hospital services to Medicaid eligible individuals. The total annual costs are determined on a hospital-specific basis, not a service-specific basis. For purposes of this section, costs—

    (i) Are defined as costs net of third-party payments, including, but not limited to, payments by Medicare and private insurance.

    (ii) Must capture the total burden on the hospital of treating Medicaid eligible patients prior to payment by Medicaid. Thus, costs must be determined in the aggregate and not by estimating the cost of individual patients. For example, if a hospital treats two Medicaid eligible patients at a cost of $2,000 and receives a $500 payment from a third party for each individual, the total cost to the hospital for purposes of this section is $1,000, regardless of whether the third party payment received for one patient exceeds the cost of providing the service to that individual.

    Dated: March 24, 2017. Seema Verma, Administrator, Centers for Medicare & Medicaid Services. Dated: March 28, 2017. Thomas E. Price, Secretary, Department of Health and Human Services.
    [FR Doc. 2017-06538 Filed 3-30-17; 4:15 pm] BILLING CODE 4120-01-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8473] Suspension of Community Eligibility AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

    DATES:

    The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.

    FOR FURTHER INFORMATION CONTACT:

    If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149.

    SUPPLEMENTARY INFORMATION:

    The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register.

    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.

    Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

    National Environmental Policy Act. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply.

    Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.

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

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

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

    Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

    PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: Authority:

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

    § 64.6 [Amended]
    2. The tables published under the authority of § 64.6 are amended as follows: State and location Community
  • No.
  • Effective date authorization/
  • cancellation of sale of flood
  • insurance in community
  • Current effective
  • map date
  • Date certain
  • Federal
  • assistance no
  • longer available
  • in SFHAs
  • Region IV Tennessee: Belle Meade, City of, Davidson County 470408 N/A, Emerg; September 29, 2003, Reg; April 5, 2017, Susp. April 5, 2017 April 5, 2017. Oak Hill, City of, Davidson County 470351 August 18, 1975, Emerg; April 1, 1980, Reg; April 5, 2017, Susp. ......do   Do. Region VI Texas: San Perlita, City of, Willacy County 480667 February 16, 1979, Emerg; May 5, 1981, Reg; April 5, 2017, Susp. ......do   Do. Willacy County, Unincorporated Areas 480664 July 25, 1975, Emerg; February 15, 1984, Reg; April 5, 2017, Susp. ......do   Do. Region VII Iowa: Bayard, City of, Guthrie County 190553 N/A, Emerg; October 15, 2015, Reg; April 5, 2017, Susp. ......do   Do. Fontanelle, City of, Adair County 190579 N/A, Emerg; November 25, 2015, Reg; April 5, 2017, Susp. ......do   Do. Guthrie County, Unincorporated Areas 190871 November 9, 1993, Emerg; September 1, 1996, Reg; April 5, 2017, Susp. ......do   Do. Jamaica, City of, Guthrie County 190744 June 24, 2008, Emerg; May 1, 2011, Reg; April 5, 2017, Susp. ......do   Do. Prescott, City of, Adams County 190004 October 12, 2005, Emerg; January 1, 2006, Reg; April 5, 2017, Susp. ......do   Do. Region X Oregon: Ashland, City of, Jackson County 410090 August 9, 1974, Emerg; June 1, 1981, Reg; April 5, 2017, Susp. ......do   Do. Jackson County, Unincorporated Areas 415589 December 31, 1970, Emerg; April 1, 1982, Reg; April 5, 2017, Susp. ......do   Do. -do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
    Dated: March 27, 2017. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2017-06426 Filed 3-31-17; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF JUSTICE Foreign Claims Settlement Commission 45 CFR Parts 500 and 510 [Docket No. FCSC 101] Filing of Claims Under the Guam World War II Loyalty Recognition Act AGENCY:

    Foreign Claims Settlement Commission of the United States, Department of Justice.

    ACTION:

    Interim final rule with request for comments.

    SUMMARY:

    The Guam World War II Loyalty Recognition Act authorizes the Foreign Claims Settlement Commission of the United States to adjudicate claims and determine the eligibility of individuals for payment for harms suffered by residents of Guam resulting from the occupation of Guam by Imperial Japanese military forces during World War II. This rule establishes procedures for the filing and adjudication of claims brought under the Guam Loyalty Recognition Act. The rule also provides definitions for the statutory terms “severe personal injury” and “personal injury,” and amends regulations concerning the payment of attorney's fees.

    DATES:

    Effective date: This rule is effective April 3, 2017.

    Comment date: Written comments must be submitted on or before June 2, 2017. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until midnight Eastern Time at the end of that day.

    ADDRESSES:

    Please address all comments regarding this rule that are submitted by U.S. mail to Jeremy R. LaFrancois, Chief Administrative Counsel, Foreign Claims Settlement Commission, 600 E Street NW., Room 6002, Washington, DC 20579. To ensure proper handling, please reference FCSC Docket No. 101 on your correspondence. Comments may also be submitted electronically through http://regulations.gov using the electronic comment form provided on that site. An electronic copy of this document is also available at the http://www.regulations.gov Web site. The Commission will accept attachments to electronic comments in Microsoft Word, WordPerfect, or Adobe PDF formats only.

    FOR FURTHER INFORMATION CONTACT:

    Brian M. Simkin, Chief Counsel, Foreign Claims Settlement Commission, 600 E Street NW., Room 6002, Washington, DC 20579, Tel. (202) 616-6975, FAX (202) 616-6993.

    SUPPLEMENTARY INFORMATION:

    Public Comments

    The Commission is publishing this interim final rule, effective April 3, 2017, in light of the statutory requirements of the Act. The Commission is providing a 60-day period for public comment.

    Posting of Public Comments

    Please note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov. Information made available for public inspection includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter.

    If you wish to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not wish it to be posted online, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also locate all the personal identifying information that you do not want posted online in the first paragraph of your comment and identify what information you want the agency to redact. Personal identifying information identified and located as set forth above will be placed in the agency's public docket file, but not posted online.

    If you wish to submit confidential business information as part of your comment but do not wish it to be posted online, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, the agency may choose not to post that comment (or to only partially post that comment) on http://www.regulations.gov. Confidential business information identified and located as set forth above will not be placed in the public docket file, nor will it be posted online. If you wish to inspect the agency's public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.

    Background

    Pursuant to the Guam War Claims Review Commission Act, Public Law 107-333, 116 Stat. 2873 (2002), the Guam War Claims Review Commission (“GWCRC”) was established to evaluate the war claims compensation program conducted by the U.S. Navy on Guam during and after World War II, and to compare it with other compensation programs covering claims of U.S. nationals arising in other areas in the Pacific attacked by Japanese forces during the war. The GWCRC was required to submit a report of its findings and recommendations to the Secretary of the Interior and specified Congressional committees within nine months of its establishment. Public Law 107-333, section 5(6).

    In September 2003, the Secretary of the Interior requested the Foreign Claims Settlement Commission of the United States (Commission) to provide part-time technical assistance to GWCRC. Between 2003 and 2004, members of the Commission's staff were detailed to the GWCRC, where they planned and organized GWCRC meetings and conducted research on the Guam claims program and the other compensation programs with which it was to be compared. The GWCRC held hearings on Guam in December 2003, at which it received testimony by numerous residents of Guam who had survived the 32-month Japanese occupation of the island. The hearings on Guam were followed by a legal experts' conference convened in Washington, DC, in February 2004 to discuss the nature and extent of the United States Government's legal responsibility for the various types of claims that arose out of World War II, and the treatment the Government accorded the claims of the people of Guam as compared with that given to the claims of United States nationals elsewhere in the Pacific Ocean area.

    The GWCRC's Final Report, issued on June 9, 2004, determined that, in some respects, there was a lack of parity of war claims paid to the residents of Guam compared with awards made to other similarly affected U.S. citizens or nationals in territory occupied by the Imperial Japanese military forces during World War II. Based on this determination, the GWCRC recommended that Congress enact legislation providing for additional compensation to compensate the people of Guam for death, personal injury, forced labor, forced march, and internment. As required by statute, the GWCRC terminated 30 days after submission of its report. Public Law 107-333, section 7.

    Following from the findings and recommendations of the GWCRC, on December 23, 2016, the President signed into law the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328, 130 Stat. 2000, 2641-2647 (2016) (the “Guam Loyalty Recognition Act” or “Act”). The Act provides, inter alia, that “[t]he United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment.” The Act further recognizes that “[t]he United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II.” Public Law 114-328, section 1702. Pursuant to section 1705(a) of the Act, the Commission is authorized to adjudicate claims and determine the eligibility of individuals for payments under the Act, in recognition of harms suffered by residents of Guam as a result of the occupation of Guam by Imperial Japanese military forces during World War II.

    The Commission is issuing this Interim Final Rule to enable the Commission to carry out its functions under the Act. Specifically, this rule adds a new subchapter to the Commission's regulations—subchapter D, 45 CFR part 510—to establish procedures for the filing and adjudication of claims brought under the Act. Subchapter D also provides definitions for certain statutory terms (“severe personal injury” and “personal injury”), as required by the Act. Finally, miscellaneous amendments are made to the Commission's existing regulations at 45 CFR part 500 (Appearance and practice) to reflect an attorney's fees provision contained in the Act.

    With respect to the filing of claims, as required by the Act, the Commission intends to establish a claims filing deadline, and will publish notice of the deadline in the Federal Register and in newspaper, radio, and television media in Guam. This notice will be published on or before June 20, 2017 (i.e., not later than 180 days after the date of the enactment of the Act). Thereafter, claimants will have one year from the date on which the Commission publishes this notice to file claims under the Act. See Public Law 114-328, section 1705(b)(2).

    Regulatory Certifications Administrative Procedure Act

    The Commission's implementation of this rule as an interim final rule, with provision for post-promulgation public comment, is based on Sections 553(b)(3)(A), 553(b)(3)(B) and 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. 553. Under Section 553(b)(3), an agency may issue a rule without notice of proposed rulemaking and the pre-promulgation opportunity for public comment where “good cause” exists or for “interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.”

    The changes made by this interim final rule fit within the exceptions to the requirement for pre-promulgation opportunity for notice and comment set out in Section 553. An agency may find good cause to exempt a rule from provisions of the APA if it determines that those procedures are impracticable, unnecessary, or contrary to the public interest. See 5 U.S.C. 553(b)(3)(B). The Commission has determined that it is unnecessary and contrary to the public interest to seek public comment prior to promulgating this interim final rule for several reasons. First, delaying the implementation of the rule would delay the determination and payment of appropriate compensation. Eligibility determinations and corresponding payments will not be issued until the rule is effective. Thus, eligible claimants would be harmed by any delay. Second, the interim rule will be subject to public comment before its final implementation. The Commission will consider any public comments made following publication of this interim final rule and make any appropriate adjustments or clarifications in the final rule. Finally, the deadline imposed by Congress to implement the regulations is strict and therefore the Commission has a limited period of time within which to promulgate the regulations.

    Furthermore, several of the changes made by this interim final rule fit within the exceptions to the requirement for pre-promulgation opportunity for notice and comment set out in Section 553 for “interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.” See 5 U.S.C. 553(b)(3)(A). First, miscellaneous amendments are made to the Commission's existing regulations at 45 CFR part 500 (Appearance and practice) to reflect the attorney's fees provisions contained in the Guam Loyalty Recognition Act. These changes reflect general statements of policy; they serve only to advise the public that the Commission may exercise its discretionary power in certain ways regarding attorney appearance and practice before the Commission. Second, the interim final rule adds a new subchapter to the Commission's regulations—subchapter D—to establish procedures for the filing and adjudication of claims under the Guam Loyalty Recognition Act. In this regard, the rule merely incorporates by reference the Commission's existing procedures for the filing and adjudication of claims under the International Claims Settlement Act of 1949 (subchapter C); thus, the new subchapter D is entirely procedural in nature.

    The APA also permits an agency to make a rule effective upon date of publication in the Federal Register where “good cause” exists or for “interpretive rules and statements of policy.” 5 U.S.C. 553(d). As stated, the Commission has determined that it would be unnecessary and contrary to the public interest to engage in full notice and comment rulemaking before putting these interim final regulations into effect, and that it is in the public interest to promulgate interim final regulations. For the same reasons, the Commission has determined that there is good cause to make these interim final regulations effective immediately upon publication in the Federal Register, in accordance with Section 553(d) of the APA (5 U.S.C. 553(d)). Therefore, waiver of the 30-day period prior to the rule's effective date is appropriate here. The Commission welcomes public comments on the changes being made by this interim final rule, and will carefully review any comments to ensure that any substantive concerns or issues regarding these changes are addressed in the final rule.

    Paperwork Reduction Act of 1995

    This interim final rule implements the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328, which authorizes the Commission to adjudicate claims for certain harms suffered by Guam residents during World War II. In order to be able to evaluate claims, the Commission will need to collect information from individuals (or personal representatives of deceased individuals) who suffered harm or who are survivors of a decedent who died as a result of the occupation of Guam by Japanese military forces. Accordingly, the Commission will submit an information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the emergency review procedures of the Paperwork Reduction Act of 1995. The Commission will also publish a Notice in the Federal Register soliciting public comment on the information collection associated with this rulemaking.

    Regulatory Flexibility Act

    The Commission, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this interim final rule and, by approving it, certifies that it will not have a significant economic impact on a substantial number of small entities. This rule sets forth procedures by which the Commission will adjudicate claims for payments under the Guam World War II Loyalty Recognition Act. In its adjudication of claims, the Commission will determine the eligibility of individuals, not entities. Moreover, under 5 U.S.C. 601(6), the term “small entity” does not include the Federal government. Because this rule is being adopted as an interim final rule, a Regulatory Flexibility analysis is not required.

    Executive Orders 12866 and 13563

    This interim final rule, which enables and is necessary for the Commission to carry out its functions under the Guam World War II Loyalty Recognition Act, has been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review” section 1(b), Principles of Regulation, and in accordance with Executive Order 13563, “Improving Regulation and Regulatory Review” section 1(b), General Principles of Regulation.

    The Commission has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has not been reviewed by the Office of Management and Budget.

    Further, both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Commission has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits.

    Executive Order 12988

    This interim final rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction.

    Executive Order 13132

    This interim final rule does not have federalism implications warranting the application of Executive Order 13132. The proposed rule does not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government.

    Executive Order 13175

    This interim final rule does not have tribal implications warranting the application of Executive Order 13175. It does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

    Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

    List of Subjects in 45 CFR Parts 500 and 510

    Administrative practice and procedure, Foreign claims, War claims.

    Accordingly, for the reasons set forth in the preamble, the Foreign Claims Settlement Commission amends 10 CFR parts 500 and 510 as follows:

    PART 500—APPEARANCE AND PRACTICE 1. The authority citation for part 500 is revised to read as follows: Authority:

    Sec. 2, Pub. L. 896, 80th Cong., 62 Stat. 1240, as amended (50 U.S.C. App. 2001); sec. 3, Pub. L. 455, 81st Cong., 64 Stat. 12, as amended (22 U.S.C. 1622); 18 U.S.C. 207; Sec.1705(a)(2), Pub. L. 114-328, 114th Cong., 130 Stat. 2644.

    2. Amend § 500.3 by adding paragraph (c) to read as follows:
    § 500.3 Fees.

    (c) The amount of attorney's fees that may be charged in connection with claims falling within the purview of subchapter D of this chapter is governed by the provisions of section 1705(b)(6) of the National Defense Authorization Act for Fiscal Year 2017, Title XVII, Guam World War II Loyalty Recognition Act, Public Law 114-328.

    3. In § 500.4, revise paragraph (a)(3) to read as follows:
    § 500.4 Suspension of attorneys.

    (a) * * *

    (3) To have violated sections 10 and 214 of the War Claims Act of 1948, as amended, section 4(f) of the International Claims Settlement Act of 1949, as amended, or section 1705(b)(6) of the National Defense Authorization Act for Fiscal Year 2017, Title XVII, Guam World War II Loyalty Recognition Act.

    4. Add subchapter D, consisting of part 510, to read as follows: SUBCHAPTER D—RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS UNDER THE GUAM WORLD WAR II LOYALTY RECOGNITION ACT PART 510—FILING OF CLAIMS AND PROCEDURES THEREFOR Sec. 510.1 Definitions. 510.2 Time for filing. 510.3 Applicability of administrative provisions concerning claims under the International Claims Settlement Act of 1949. Authority:

    Sec.1705(a)(2), Pub. L. 114-328, 114th Cong., 130 Stat. 2644.

    § 510.1 Definitions

    For purposes of this subchapter:

    Personal injury means a discernible injury (such as disfigurement, scarring, or burns) that is more serious than a superficial injury.

    Severe personal injury means loss of a limb, dismemberment, paralysis, or any injury of a similar type or that is comparable in severity.

    § 510.2 Time for filing.

    Claims for payments under the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328 (the “Act”), must be filed not later than one year after the date on which the Commission publishes the notice described in section 1705(b)(2)(B) of the Act.

    § 510.3 Applicability of administrative provisions concerning claims under the International Claims Settlement Act of 1949.

    To the extent they are not inconsistent with the provisions of the Act, the following provisions of subchapter C of this chapter shall be applicable to claims under this subchapter: §§ 509.2, 509.3, 509.4, 509.5, and 509.6.

    Brian M. Simkin, Chief Counsel.
    [FR Doc. 2017-06461 Filed 3-31-17; 8:45 am] BILLING CODE 4410-BA-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket Nos. 10-90, 14-58; CC Docket No. 01-92; FCC 16-33] Connect America Fund, ETC Annual Reports and Certifications, Developing a Unified Intercarrier Compensation Regime AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule; correction.

    SUMMARY:

    This document corrects errors in a Federal Register document that corrected errors to an original Federal Register document that adopted significant reforms to place the universal service program on solid footing for the next decade to “preserve and advance” voice and broadband service in areas served by rate-of-return carriers. The document was published in the Federal Register on March 20, 2017.

    DATES:

    Effective April 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Alexander Minard, Wireline Competition Bureau, (202) 418-7400.

    SUPPLEMENTARY INFORMATION:

    This summary contains corrections to a Federal Register document, 82 FR 14338 (March 20, 2017).

    Corrections

    In final rule FR Doc. 2017-04715, published March 20, 2017 (82 FR 14338), make the following correction:

    § 54.303 [Corrected]
    1. On page 14339, in the first column, amendatory instruction 3 is corrected to read “In § 54.303, revise paragraphs (a)(1), (b), (c)(2), (e), and (f)(1) to read as follows:” Federal Communications Commission. Marlene H. Dortch, Secretary.
    [FR Doc. 2017-06485 Filed 3-31-17; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 [Docket No. FRA-2016-0021; Notice No. 2] RIN 2130-AC65 Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law, Federal Railroad Administration Safety Regulation or Order, or the Hazardous Material Transportation Laws or Regulations, Orders, Special Permits, and Approvals Issued Under Those Laws AGENCY:

    Federal Railroad Administration (FRA), Department of Transportation (DOT).

    ACTION:

    Final rule.

    SUMMARY:

    To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum, maximum, and aggravated maximum penalties it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. FRA is also adjusting the minimum penalty, ordinary maximum penalty, and aggravated maximum penalty that it will apply when assessing a civil monetary penalty for a knowing violation of the Federal hazardous material transportation laws or a regulation, special permit, order, or approval issued under those laws. The aggravated maximum penalty under the hazardous material transportation laws is available only for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property.

    DATES:

    This final rule is effective April 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Veronica Chittim, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590 (telephone 202-493-0273), [email protected]

    SUPPLEMENTARY INFORMATION:

    On November 2, 2015, President Barack Obama signed the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Act). Public Law 114-74, sec. 701. This amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Act) that required each agency to (1) adjust by regulation each maximum civil monetary penalty (CMP), or range of minimum and maximum CMPs, within that agency's jurisdiction by October 23, 1996, and (2) adjust those penalty amounts once every four years thereafter, to reflect inflation. See Public Law 101-410, 104 Stat. 890, 28 U.S.C. 2461, note, as amended by sec. 31001(s)(1) of the Debt Collection Improvement Act of 1996, Public Law 104-134, April 26, 1996, 110 Stat. 1321-373. Under the 2015 Inflation Act, agencies must make annual inflation adjustments, starting January 15, 2017, based on Office of Management and Budget (OMB) guidance.

    In the 2015 Inflation Act, Congress recognized the important role CMPs play in deterring violations of Federal laws, regulations, and orders and determined that inflation has diminished the impact of these penalties. In the Inflation Act, Congress countered the effect that inflation has had on the CMPs by having the agencies charged with enforcement responsibility administratively adjust the CMPs.

    FRA is authorized as the delegate of the Secretary of Transportation (Secretary) to enforce the Federal railroad safety statutes, regulations, and orders, including the civil penalty provisions codified primarily at 49 U.S.C. ch. 213. See 49 U.S.C. 103 and 49 CFR 1.89; 49 U.S.C. chs. 201-213. FRA currently has safety regulations in 34 parts of the CFR that contain provisions establishing the agency's authority to impose civil penalties if a person violates any requirement in the pertinent portion of a statute or the CFR. In this final rule, FRA is amending each of the separate regulatory provisions and the corresponding footnotes in each Schedule of Civil Penalties appended to those regulations to raise the minimum CMP to $853, ordinary maximum CMP to $27,904, and aggravated maximum CMP to $111,616. Where applicable, FRA is also amending the corresponding appendices to those regulatory provisions which outline FRA enforcement policy. See 49 CFR part 209, app. A; 49 CFR part 228, app. A.

    FRA is also publishing this final rule under 49 U.S.C. 5123 and 5124, which authorize civil and criminal penalties for violations of the Federal hazardous material transportation laws or a regulation, order, special permit, or approval issued under those laws. The Pipeline and Hazardous Materials Safety Administration (PHMSA) issues the hazardous material transportation regulations. 49 CFR 1.96(b)(1). However, FRA is authorized, as the Secretary's delegate, to enforce the hazardous material statutes, regulations and orders, including the civil penalty provisions codified primarily at 49 U.S.C. 5123. 49 CFR 1.89(j). In this final rule, FRA amends all references to the minimum and maximum civil penalties in 49 CFR part 209, app. B, to raise the minimum CMP for hazardous materials training violations 1 from $463 to $471; the ordinary maximum CMP per violation from $77,114 to $78,376; and the aggravated maximum CMP from $179,933 to $182,877.

    1 There is no minimum CMP for other hazardous materials violations not related to training. See Moving Ahead for Progress in the 21st Century Act, Public Law 112-141, July 6, 2012, sec. 33010; 78 FR 9845, Feb. 12, 2013.

    Description of the Adjustment Calculation

    The 2015 Inflation Act requires FRA to calculate the inflation adjustment by increasing the maximum CMP, or the range of minimum and maximum CMPs, based on the Consumer Price Index for the month of October 2016, not seasonally adjusted. OMB guidance, M-17-11, “Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,” dated Dec. 16, 2016, states that after applying the multiplier of 1.01636, FRA must round the penalty levels to the nearest dollar.2

    2 Available at https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. See also Public Law 114-74, sec. 701.

    As the following calculations show, after calculating the inflation adjustment, FRA determined the minimum CMP for rail safety violations should increase to $853; the ordinary maximum CMP should increase to $27,904; and the aggravated maximum CMP should increase to $111,616. FRA also determined the minimum CMP for hazardous materials training violations should increase to $471; the ordinary maximum CMP per hazardous material violation should increase to $78,376; and the aggravated maximum CMP per hazardous material violation should increase to $182,877.

    Calculations To Determine CMP Updates for 2017 1. Minimum Rail Safety CMP of $839 Raised to $853

    FRA evaluated the minimum rail safety CMP as the 2015 Inflation Act requires. Based on the following calculations, FRA concluded it should increase from $839 to $853. The 2016 multiplier of 1.01636 times $839 equals $852.73, or $853 rounded to the nearest dollar. The inflation adjusted minimum penalty is $853, and applies to all the rail safety statutes, regulations, and orders. This new FRA minimum penalty will apply to penalties assessed on or after January 15, 2017.

    2. Ordinary Maximum Rail Safety CMP of $27,455 Raised to $27,904

    FRA evaluated the ordinary maximum rail safety CMP as the 2015 Inflation Act requires. Based on the following calculations, FRA determined it should increase from $27,455 to $27,904. The 2016 multiplier of 1.01636 times $27,455 equals $27,904.16, or $27,904 rounded to the nearest dollar. The inflation adjusted ordinary maximum penalty is $27,904, and applies to all the rail safety statutes, regulations, and orders. This new FRA ordinary maximum penalty will apply to penalties assessed on or after January 15, 2017.

    3. Aggravated Maximum Rail Safety CMP of $109,819 Raised to $111,616

    FRA also evaluated the maximum CMP for an aggravated rail safety violation and determined it should increase from $109,819 to $111,616, as the following calculations show. The 2016 multiplier of 1.01636 times $109,819 equals $111,615.64, or $111,616 rounded to the nearest dollar. The inflation adjusted aggravated maximum penalty is $111,616, and applies to all the rail safety statutes, regulations, and orders. This new FRA aggravated maximum penalty will apply to penalties assessed on or after January 15, 2017.

    4. Minimum CMP of $463 for Hazardous Materials Training Violations Raised to $471

    FRA evaluated the minimum CMP for hazardous materials training violations and determined it should increase from $463 to $471 as the following calculations show. The 2016 multiplier of 1.01636 times $463 equals $470.57, or $471 rounded to the nearest dollar. The inflation adjusted minimum penalty for hazardous materials training violations is $471, and applies to all violations of the hazardous materials statutes, regulations, special permits, approvals, and orders related to training. This new FRA minimum penalty for training violations will apply to penalties assessed on or after January 15, 2017.

    5. Ordinary Maximum Hazardous Materials CMP of $77,114 Raised to $78,376

    FRA evaluated the ordinary maximum hazardous materials CMP as the 2015 Inflation Act requires. Based on the following calculations, FRA determined it should increase from $77,114 to $78,376. The 2016 multiplier of 1.01636 times $77,114 equals $78,375.59, or $78,376 rounded to the nearest dollar. The inflation adjusted ordinary maximum penalty is $78,376, and applies to all violations of the hazardous materials transportation statutes, regulations, special permits, approvals, and orders. This new FRA ordinary maximum penalty will apply to penalties assessed on or after January 15, 2017.

    6. Aggravated Maximum Hazardous Materials CMP of $179,933 Raised to $182,877

    FRA also evaluated the maximum hazardous materials CMP for an aggravated violation and determined, based on the following calculations, it should increase from $179,933 to $182,877. The 2016 multiplier of 1.01636 times $179,933 equals $182,876.70, or $182,877 rounded to the nearest dollar. The inflation adjusted aggravated maximum penalty is $182,877, and applies to all violations of the hazardous materials transportation statutes, regulations, special permits, approvals, and orders. This new FRA aggravated maximum penalty will apply to penalties assessed on or after January 15, 2017.

    Public Participation

    FRA is proceeding to a final rule without a notice of proposed rulemaking or an opportunity for public comment. The adjustments the 2015 Inflation Act requires are ministerial acts over which FRA has no discretion, making public comment unnecessary. As such, notice and comment procedures are “impracticable, unnecessary, or contrary to the public interest” under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B). FRA is issuing these amendments as a final rule applicable to all future rail safety and hazardous materials transportation civil penalty cases under its authority to cite for violations that occur on or after the effective date of this final rule.

    Regulatory Impact A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures

    FRA evaluated this final rule consistent with Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT policies and procedures. In this final rule, FRA solely implements the annual inflation adjustment following the guidance in OMB memorandum M-17-11. As such, OMB has determined that agency regulations like this final rule are not considered a significant regulatory action under section 3(f) of Executive Order 12866. Further, this rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034, Feb. 26, 1979) because it is limited to ministerial acts over which the agency has no discretion, and the economic impact of the final rule is minimal to the extent that preparation of a regulatory evaluation is not warranted.

    B. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act of 1980 (RFA), Public Law 96-354, as amended, and codified as amended at 5 U.S.C. 601-612, and Executive Order 13272 (Proper Consideration of Small Entities in Agency Rulemaking), require agency review of proposed and final rules to assess their impact on “small entities” for purposes of the RFA. An agency must prepare a regulatory flexibility analysis unless it determines and certifies that a rule is not expected to have a significant economic impact on a substantial number of small entities. FRA does not expect this final rule will have a significant economic impact on a substantial number of small entities. Although this final rule will apply to railroads, hazardous materials shippers, and others that are considered small entities, there is no economic impact on any person who complies with the Federal railroad safety laws and the regulations and orders issued under those laws, and the Federal hazardous materials laws and the regulations, special permits, approvals, and orders issued under those laws.

    In addition, FRA has determined the RFA does not apply to this rulemaking. The 2015 Inflation Act requires FRA to make annual adjustments and does not require FRA to publish an NPRM or provide for notice and comment under the APA. The Small Business Administration's A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2003), provides that:

    If, under the APA or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)] . . . . If an NPRM is not required, the RFA does not apply.

    Therefore, because the 2015 Inflation Act does not require an NPRM for this rulemaking, the RFA does not apply. C. Federalism

    This final rule will not have a substantial effect on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Thus, consistent with Executive Order 13132 (Federalism), FRA is not required to prepare a Federalism assessment.

    D. Paperwork Reduction Act

    There are no new information collection requirements in this final rule to submit for OMB review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    E. Unfunded Mandates Reform Act of 1995

    This final rule will not result in the expenditure, in the aggregate, of $156,000,000 or more in any one year by State, local, or Indian Tribal governments, or the private sector. Thus, consistent with Section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required to prepare a written statement detailing the effect of such an expenditure.

    F. Environmental Impact

    FRA has evaluated this final rule under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other environmental statutes, related regulatory requirements, and its “Procedures for Considering Environmental Impacts” (FRA's NEPA Procedures) (64 FR 28545, May 26, 1999). FRA has determined that this final rule is categorically excluded from detailed environmental review pursuant to section 4(c)(20) of FRA's NEPA Procedures, “Promulgation of railroad safety rules and policy statements that do not result in significantly increased emissions of air or water pollutants or noise or increased traffic congestion in any mode of transportation.” See 64 FR 28547, May 26, 1999. Categorical exclusions (CEs) are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4.

    In analyzing the applicability of a CE, the agency must also consider whether extraordinary circumstances warrant a more detailed environmental review through the preparation of an EA or EIS. See id. The purpose of this rulemaking is to comply with the Inflation Act, as amended by the 2015 Inflation Act. Specifically, FRA is adjusting the minimum, maximum, and aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. FRA is also adjusting the minimum, maximum, and aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a Federal hazardous materials law, regulation, special permit, approval, or order. Under section 4(c) and (e) of FRA's NEPA Procedures, FRA has concluded no extraordinary circumstances exist with respect to this regulation that might trigger the need for a more detailed environmental review.

    FRA does not anticipate any environmental impacts from this requirement and finds there are no extraordinary circumstances present in connection with this final rule.

    G. Executive Order 12898 (Environmental Justice)

    Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and DOT Order 5610.2(a) (91 FR 27534, May 10, 2012) require DOT agencies to achieve environmental justice as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects, of their programs, policies, and activities on minority populations and low-income populations. The DOT Order instructs DOT agencies to address compliance with Executive Order 12898 and requirements within the DOT Order in rulemaking activities, as appropriate. FRA has evaluated this final rule under Executive Order 12898 and the DOT Order and has determined that it would not cause disproportionately high and adverse human health and environmental effects on minority populations or low-income populations.

    H. Executive Order 13175 (Tribal Consultation)

    FRA has evaluated this final rule under the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, dated November 6, 2000. The final rule would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal laws. Therefore, the funding and consultation requirements of Executive Order 13175 do not apply, and FRA is not required to prepare a tribal summary impact statement.

    List of Subjects 49 CFR Part 209

    Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 213

    Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 214

    Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 215

    Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 216

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 217

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 218

    Occupational safety and health, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 219

    Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, Reporting and recordkeeping requirements, Safety, Transportation.

    49 CFR Part 220

    Penalties, Radio, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 221

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 222

    Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 223

    Glazing standards, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 224

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 227

    Noise control, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 228

    Penalties, Railroad employees, Reporting and recordkeeping requirements.

    49 CFR Part 229

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 230

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 231

    Penalties, Railroad safety.

    49 CFR Part 232

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 233

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 234

    Highway safety, Penalties, Railroad safety, Reporting and recordkeeping requirements, State and local governments.

    49 CFR Part 235

    Administrative practice and procedure, Penalties, Railroad safety, Railroad signals, Reporting and recordkeeping requirements.

    49 CFR Part 236

    Penalties, Positive train control, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 237

    Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 238

    Fire prevention, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 239

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 240

    Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 241

    Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 242

    Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 243

    Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 244

    Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 270

    Penalties; Railroad safety; Reporting and recordkeeping requirements; and System safety.

    49 CFR Part 272

    Penalties, Railroad employees, Railroad safety, Railroads, Safety, Transportation.

    The Final Rule

    In consideration of the foregoing, parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 of subtitle B, chapter II of title 49 of the Code of Federal Regulations are amended as follows:

    PART 209—[AMENDED] 1. The authority citation for part 209 continues to read as follows: Authority:

    49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    2. Revise § 209.103(a) and (c) to read as follows:
    § 209.103 Minimum and maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal hazardous materials transportation laws, an order issued thereunder, subchapter A or C of chapter I, subtitle B, of this title, or a special permit or approval issued under subchapter A or C of chapter I, subtitle B, of this title is liable for a civil penalty of not more than $78,376 for each violation, except that—

    (1) The maximum civil penalty for a violation is $182,877 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property and

    (2) A minimum $471 civil penalty applies to a violation related to training.

    (c) The maximum and minimum civil penalties described in paragraph (a) of this section apply to violations occurring on or after April 3, 2017.

    3. Revise the last sentence of § 209.105(c) to read as follows:
    § 209.105 Notice of probable violation.

    (c) * * * In an amended notice, FRA may change the civil penalty amount proposed to be assessed up to and including the maximum penalty amount of $78,376 for each violation, except that if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, FRA may change the penalty amount proposed to be assessed up to and including the maximum penalty amount of $182,877.

    § 209.409 [Amended]
    4. Amend § 209.409 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. 5. In appendix A to part 209, amend the section “Penalty Schedules; Assessment of Maximum Penalties” by: a. Adding a sentence to the end of the sixth paragraph; b. Revising the third sentence of the seventh paragraph; and c. Revising the first sentence of the tenth paragraph.

    The revisions and additions read as follows:

    Appendix A to Part 209—Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws Penalty Schedules; Assessment of Maximum Penalties

    * * * Under the 2015 Inflation Act, effective April 3, 2017, the minimum civil monetary penalty was raised from $839 to $853, the ordinary maximum civil monetary penalty was raised from $27,455 to $27,904, and the aggravated maximum civil monetary penalty was raised from $109,819 to $111,616.

    * * * For each regulation or order, the schedule shows two amounts within the $853 to $27,904 range in separate columns, the first for ordinary violations, the second for willful violations (whether committed by railroads or individuals). * * *

    Accordingly, under each of the schedules (ordinarily in a footnote), and regardless of the fact that a lesser amount might be shown in both columns of the schedule, FRA reserves the right to assess the statutory maximum penalty of up to $111,616 per violation where a pattern of repeated violations or a grossly negligent violation has created an imminent hazard of death or injury or has caused death or injury. * * *

    6. Amend appendix B to part 209 as follows: a. In the introductory text, revise the second sentence of the first paragraph, the last sentence of the second paragraph, and the fifth sentence of the third paragraph; and b. In the table “CIVIL PENALTY ASSESSMENT GUIDELINES”: i. Revise footnote 1; ii. Under the heading “PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGES,” revise the entry for “173.24(b)(1) and 173.24(b)(2) and 173.24(f)(1) and 173.24(f)(1)(ii)” and the introductory text for entry “173.24(c)”; and iii. Revise footnote 2.

    The revisions read as follows:

    Appendix B to Part 209—Federal Railroad Administration Guidelines for Initial Hazardous Materials Assessments

    * * * The guideline penalty amounts reflect the best judgment of the FRA Office of Railroad Safety (RRS) and of the Safety Law Division of the Office of Chief Counsel (RCC) on the relative severity of the various violations routinely encountered by FRA inspectors on a scale of amounts up to the maximum $78,376 penalty, except the maximum civil penalty is $182,877 if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, and a minimum $471 penalty applies to a violation related to training. * * *

    * * * When a violation of the Federal hazardous material transportation law, an order issued thereunder, the Hazardous Materials Regulations or a special permit, approval, or order issued under those regulations results in death, serious illness or severe injury to any person, or substantial destruction of property, a maximum penalty of at least $78,376 and up to and including $182,877 shall always be assessed initially.

    * * * In fact, FRA reserves the express authority to amend the NOPV to seek a penalty of up to $78,376 for each violation, and up to $182,877 for any violation resulting in death, serious illness or severe injury to any person, or substantial destruction of property, at any time prior to issuance of an order. * * *

    CIVIL PENALTY ASSESSMENT GUIDELINES

    1 Any person who violates an emergency order issued under the authority of 49 U.S.C. Ch. 201 is subject to a civil penalty of at least $853 and not more than $27,904 per violation, except that where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused a death or injury, a penalty not to exceed $111,616 per violation may be assessed. Each day that the violation continues is a separate offense. 49 U.S.C. 21301; 28 U.S.C. 2461, note.

    49 CFR section Description Guideline amount 2 *         *         *         *         *         *         * PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGES *         *         *         *         *         *         * 173.24(b)(1) and 173.24(b)(2) and Securing closures: These subsections are the general “no leak” standard for all packagings. Sec. 173.24(b) deals primarily with packaging as a whole, while § 173.24(f) focuses on closures. Use § 173.31(d) for tank cars, when possible. 173.24(f)(1) and 173.24(f)(1)(ii) Cite the sections accordingly, using both the leak/non-leak criteria and the package size considerations to reach the appropriate penalty. Any actual leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the maximum of $78,376, and up to $182,877 if the violation results in death, serious illness or injury or substantial destruction of property. For intermodal (IM) portable tanks and other tanks of that size range, use the tank car penalty amounts, as stated in § 173.31. —Small bottle or box 1,000 —55-gallon drum 2,500 —Larger container, e.g., IBC; not portable tank or tank car 5,000 —IM portable tank, cite § 173.24(f) and use the penalty amounts for tank cars: Residue, generally, § 173.29(a) and, loaded, § 173.31(d). —Residue adhering to outside of package (i.e., portable tanks, tank cars, etc.) 5,000 173.24(c) Use of package not meeting specifications, including required stencils and markings. The most specific section for the package involved should be cited (see below). The penalty guideline should be adjusted for the size of the container. Any actual leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the maximum of $78,376, and up to $182,877 if the violation results in death, serious illness or injury or substantial destruction of property. *         *         *         *         *         *         * 2 A person who knowingly violates the hazardous material transportation law or a regulation, order, special permit, or approval issued thereunder, is subject to a civil penalty of up to $78,376 for each violation, except that the maximum civil penalty for a violation is $182,877 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property; and a minimum $471 civil penalty applies to a violation related to training. Each day that the violation continues is a separate offense. 49 U.S.C. 5123; 28 U.S.C. 2461, note.
    PART 213—[AMENDED] 7. The authority citation for part 213 continues to read as follows: Authority:

    49 U.S.C. 20102-20114 and 20142; Sec. 403, Div. A, Public Law 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 213.15 [Amended]
    8. In § 213.15, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 214—[AMENDED] 9. The authority citation for part 214 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 21301, 31304, 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 214.5 [Amended]
    10. Amend § 214.5 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 215—[AMENDED] 11. The authority citation for part 215 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 215.7 [Amended]
    12. Amend § 215.7 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. Appendix B to Part 215—[Amended] 13. In appendix B to part 215, footnote 1, remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”. PART 216—[AMENDED] 14. The authority citation for part 216 continues to read as follows: Authority:

    49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 216.7 [Amended]
    15. Amend § 216.7 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 217—[AMENDED] 16. The authority citation for part 217 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 217.5 [Amended]
    17. Amend § 217.5 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 218—[AMENDED] 18. The authority citation for part 218 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 218.9 [Amended]
    19. Amend § 218.9 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 219—[AMENDED] 20. The authority citation for part 219 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 219.9 [Amended]
    21. In § 219.9, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 220—[AMENDED] 22. The authority citation for part 220 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20103, note, 20107, 21301-21302, 20701-20703, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 220.7 [Amended]
    23. Amend § 220.7 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 221—[AMENDED] 24. The authority citation for part 221 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 221.7 [Amended]
    25. Amend § 221.7 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 222—[AMENDED] 26. The authority citation for part 222 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 222.11 [Amended]
    27. Amend § 222.11 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 223—[AMENDED] 28. The authority citation for part 223 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 223.7 [Amended]
    29. Amend § 223.7 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 224—[AMENDED] 30. The authority citation for part 224 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 224.11 [Amended]
    31. In § 224.11, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 225—[AMENDED] 32. The authority citation for part 225 continues to read as follows: Authority:

    49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 225.29 [Amended]
    33. Amend § 225.29 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 227—[AMENDED] 34. The authority citation for part 227 continues to read as follows: Authority:

    49 U.S.C. 20103, 20103, note, 20701-20702; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 227.9 [Amended]
    35. In § 227.9, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 228—[AMENDED] 36. The authority citation for part 228 continues to read as follows: Authority:

    49 U.S.C. 103, 20103, 20107, 21101-21109; Sec. 108, Div. A, Public Law 110-432, 122 Stat. 4860-4866, 4893-4894; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 228.6 [Amended]
    37. In § 228.6, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. 38. In appendix A to part 228, below the heading “GENERAL PROVISIONS,” amend the “Penalty” paragraph by adding a sentence at the end of the paragraph to read as follows: Appendix A to Part 228—Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation GENERAL PROVISIONS

    Penalty. * * * Under the 2015 Inflation Act, effective April 3, 2017, the minimum civil monetary penalty was raised from $839 to $853, the ordinary maximum civil monetary penalty was raised from $27,455 to $27,904, and the aggravated maximum civil monetary penalty was raised from $109,819 to $111,616.

    PART 229—[AMENDED] 39. The authority citation for part 229 continues to read as follows: Authority:

    49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 229.7 [Amended]
    40. In § 229.7, amend paragraph (b) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. Appendix B to Part 229—[Amended] 41. In appendix B to part 229, footnote 1, remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”. PART 230—[AMENDED] 42. The authority citation for part 230 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 230.4 [Amended]
    43. In § 230.4, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 231—[AMENDED] 44. The authority citation for part 231 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20107, 20131, 20301-20303, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 231.0 [Amended]
    45. In § 231.0, amend paragraph (f) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 232—[AMENDED] 46. The authority citation for part 232 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-20303, 20306, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 232.11 [Amended]
    47. In § 232.11, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. Appendix A to Part 232—[Amended] 48. In appendix A to part 232, footnote 1, remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”. PART 233—[AMENDED] 49. The authority citation for part 233 continues to read as follows: Authority:

    49 U.S.C. 504, 522, 20103, 20107, 20501-20505, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 233.11 [Amended]
    50. Amend § 233.11 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 234—[AMENDED] 51. The authority citation for part 234 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 21311, 22501 note; Pub. L. 110-432, Div. A., Sec. 202, 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 234.6 [Amended]
    52. In § 234.6, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 235—[AMENDED] 53. The authority citation for part 235 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 235.9 [Amended]
    54. Amend § 235.9 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 236—[AMENDED] 55. The authority citation for part 236 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157, 20301-20303, 20306, 20501-20505, 20701-20703, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 236.0 [Amended]
    56. In § 236.0, amend paragraph (f) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 237—[AMENDED] 57. The authority citation for part 237 continues to read as follows: Authority:

    49 U.S.C. 20102-20114; Public Law 110-432, Div. A, Sec. 417; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 237.7 [Amended]
    58. In § 237.7, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 238—[AMENDED] 59. The authority citation for part 238 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 238.11 [Amended]
    60. In § 238.11, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. Appendix A to Part 238—[Amended] 61. In appendix A to part 238, footnote 1, remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”. PART 239—[AMENDED] 62. The authority citation for part 239 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 21304, and 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 239.11 [Amended]
    63. Amend § 239.11 as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 240—[AMENDED] 64. The authority citation for part 240 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 240.11 [Amended]
    65. In § 240.11, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 241—[AMENDED] 66. The authority citation for part 241 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461, note; 49 CFR 1.89.

    § 241.15 [Amended]
    67. In § 241.15, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 242—[AMENDED] 68. The authority citation for part 242 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 242.11 [Amended]
    69. In § 242.11, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 243—[AMENDED] 70. The authority citation for part 243 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 243.7 [Amended]
    71. In § 243.7, amend paragraph (a) as follows: a. Remove the numerical amount “$869” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 244—[AMENDED] 72. The authority citation for part 244 is revised to read as follows: Authority:

    49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 244.5 [Amended]
    73. In § 244.5, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. PART 270—[AMENDED] 74. The authority citation for part 270 continues to read as follows: Authority:

    49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 270.7 [Amended]
    75. In § 270.7, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. 76. In appendix A to part 270, footnote 1 is revised to read as follows: Appendix A to Part 270—Schedule of Civil Penalties

    1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to the statutory maximum for any violation where circumstances warrant. See 49 CFR part 209, appendix A.

    PART 272—[AMENDED] 77. The authority citation for part 272 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20109, note; 28 U.S.C. 2461, note; 49 CFR 1.89; and sec. 410, Div. A, Pub. L. 110-432, 122 Stat. 4888.

    § 272.11 [Amended]
    78. In § 272.11, amend paragraph (a) as follows: a. Remove the numerical amount “$839” and add in its place the numerical amount “$853”; b. Remove the numerical amount “$27,455” and add in its place the numerical amount “$27,904”; and c. Remove the numerical amount “$109,819” and add in its place the numerical amount “$111,616”. Patrick Warren, Acting Administrator.
    [FR Doc. 2017-06220 Filed 3-31-17; 8:45 am] BILLING CODE 4910-06-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF284 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS closes the coastwide General category fishery for large medium and giant Atlantic bluefin tuna (BFT) until the General category reopens on June 1, 2017. This action is being taken to prevent any further overharvest of the available adjusted General category January 2017 BFT subquota.

    DATES:

    Effective 11:30 p.m., local time, March 29, 2017, through May 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) 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.

    NMFS is required, under regulations at § 635.28(a)(1), to file a closure notice for publication with the Office of the Federal Register when a BFT quota is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year or for a specified period as indicated in the notification, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice.

    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 an adjusted 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 March 2, 2017, NMFS transferred 40 mt from the Reserve category to the General category January 2017 subquota period, resulting in an adjusted subquota of 81 mt for the January period (82 FR 12747, March 7, 2017).

    Based on the best available landings information for the General category BFT fishery, NMFS has determined that the adjusted General category January 2017 subquota of 81 mt has been reached (i.e., as of March 27, reported landings total approximately 82.4 mt). Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas General and HMS Charter/Headboat categories (while fishing commercially) must cease at 11:30 p.m. local time on March 29, 2017. The General category will reopen automatically on June 1, 2017, for the June through August 2017 subperiod. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT, and is taken consistent with the regulations at § 635.28(a)(1). The intent of this closure is to prevent any further overharvest of the available General category January BFT subquota.

    Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-and-release and tag-and-release programs at § 635.26. All BFT that are released must be handled in a manner that will maximize their survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the “Careful Catch and Release” brochure available at www.nmfs.noaa.gov/sfa/hms/. 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.

    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 and fishery closures 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. These fisheries are currently underway and the quota for the subcategory has already been exceeded. Delaying this action would be contrary to the public interest because the subquota has already been exceeded and any delay could lead to further exceedance, which may result in the need to reduce quota for the General category later in the year and thus could affect later fishing opportunities. 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 all of the above 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 § 635.28(a)(1), and is exempt from review under Executive Order 12866.

    Authority:

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

    Dated: March 28, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-06405 Filed 3-28-17; 4:15 pm] BILLING CODE 3510-22-P
    82 62 Monday, April 3, 2017 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0270; Directorate Identifier 2016-SW-032-AD] RIN 2120-AA64 Airworthiness Directives; MD Helicopters, Inc. Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede airworthiness directive (AD) 2014-16-01 for MD Helicopters, Inc. (MDHI) Model MD900 helicopters. AD 2014-16-01 requires an eddy current inspection of the main rotor upper hub assembly (upper hub) for a crack. Since we issued AD 2014-16-01, three additional upper hub cracks were reported. This proposed AD would require additional inspections and replacing the fillet seal. These proposed actions are intended to prevent an unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by June 2, 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-2017-0270; 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 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 MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-6813; or at http://www.mdhelicopters.com. You may review 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:

    Eric Schrieber, Aviation Safety Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 627-5348; 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

    On July 24, 2014, we issued AD 2014-16-01, Amendment 39-17925 (79 FR 45322, August 5, 2014), for MDHI Model MD900 helicopters, serial numbers 900-00008 through 900-00140, with an upper hub part number (P/N) 900R2101006-105, -107, -109, or -111 installed. AD 2014-16-01 requires, within 25 hours time-in-service (TIS), eddy current inspecting the upper hub for a crack and replacing the upper hub before further flight if there is a crack. AD 2014-16-01 was prompted by a report that four cracks were found at the blade attach holes on a high-time upper hub. The actions in AD 2014-16-01 were intended to detect a crack on the upper hub, which if not corrected could result in failure of the upper hub and subsequent loss of control of the helicopter.

    Actions Since AD 2014-16-01 Was Issued

    Since we issued AD 2014-16-01, we received reports of three additional cracks found in the MD900 fleet. These cracks were not discovered by the one-time eddy current inspection required by AD 2014-16-01, but were found during regular maintenance of the upper hub. MDHI determined that in addition to the repetitive inspections of the upper hub annually and at 100 and 1,000 hours TIS in its maintenance manual, inspections should be accomplished and a fillet seal should be installed to prevent moisture in the interface of the bushing and the flex beam retention bolt hole. MDHI also determined that these inspections should be accomplished on all P/N 900R2101006-105, -107, -109, and -111 upper hubs with 1,000 or more hours TIS, regardless of helicopter serial number.

    These proposed actions are intended to detect a crack on the upper hub, which if not corrected could result in failure of the upper hub and subsequent loss of control of the helicopter.

    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 helicopters of the same type design.

    Related Service Information Under 1 CFR Part 51

    MDHI has issued Service Bulletin SB900-125, dated February 19, 2016, which describes procedures for repetitive visual and eddy current inspections of the upper hub upper and lower flexbeam bolthole areas and for applying a fillet seal on the interface of the bushing and the flex beam retention bolt hole.

    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.

    Proposed AD Requirements

    This proposed AD would require for MDHI MD900 helicopters with an upper hub P/N 900R2101006-105, -107, -109, and -111:

    Within 100 hours TIS and thereafter at intervals not exceeding 100 hours TIS, using a 10X or higher magnifying glass, inspecting the fillet seal and the areas around the flexbeam boltholes for a crack;

    Within 12 months and thereafter at intervals not exceeding 12 months, removing the paint, primer, and fillet seal around the flexbeam boltholes and, using a 10X or higher magnifying glass, inspecting the area for a crack;

    Within 12 months and thereafter at intervals not exceeding 12 months, inspecting the lead leg shims and bushings for corrosion around the flexbeam boltholes, and if there is corrosion, removing the lead leg shim and inspecting for a crack;

    Within 1,000 hours TIS and thereafter at intervals not exceeding 1,000 hours TIS, eddy-current inspecting the areas adjacent to the flexbeam boltholes for a crack;

    If during any inspection required by the proposed AD there is a crack, replacing the upper hub before further flight; and

    Finally, after each inspection required by the proposed AD, installing a fillet seal to the bushing and upper hub interface.

    Differences Between This Proposed AD and the Service Information

    The service information applies to upper hubs with 1,000 or more hours TIS. This proposed AD would apply to all upper hubs regardless of hours TIS. The service information applies to upper hub P/N 900R2101006-107 and -109; the proposed AD would also apply to upper hub P/N 900R2101006-105 and -111.

    Costs of Compliance

    We estimate that this proposed AD would affect 23 helicopters of U.S. Registry.

    At an average labor rate of $85 per hour, we estimate that operators may incur the following costs in order to comply with this AD. Inspecting the fillet seal around the flexbeam boltholes (100 hour TIS inspection) would require about 1 work-hour, for a cost per helicopter of $85 and a cost of $1,955 for the fleet, per inspection cycle. Inspecting the flexbeam area and lead leg shims and bushings (annual inspection) would require about 2 work-hours, for a cost per helicopter of $170 and a cost of $3,910 for the fleet, per inspection cycle. Eddy current inspecting (1,000 hour TIS inspection) the upper hub would require about 2 work-hours, for a cost per helicopter of $170 and a cost of $3,910 for the fleet.

    If required, replacing the upper hub would require about 11 work-hours, and required parts would cost about $15,998, for a cost per helicopter of $16,933.

    If required, replacing a missing or damaged fillet seal would require about .5 work-hour, and required parts cost would be minimal, for a cost per helicopter of $43.

    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 removing Airworthiness Directive (AD) 2014-16-01, Amendment 39-17925(79 FR 45322, August 5, 2014), and adding the following new AD: MD Helicopters, Inc. (MDHI): Docket No. FAA-2017-0270; Directorate Identifier 2016-SW-032-AD. (a) Applicability

    This AD applies to Model MD900 helicopters with main rotor upper hub assembly (upper hub) part number 900R2101006-105, -107, -109, or -111 installed, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a cracked upper hub. This condition could result in failure of the upper hub and subsequent loss of control of the helicopter.

    (c) Affected ADs

    This AD supersedes AD 2014-16-01, Amendment 39-17925 (79 FR 45322, August 5, 2014).

    (d) Comments Due Date

    We must receive comments by June 2, 2017.

    (e) 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.

    (f) Required Actions

    (1) Within 100 hours time-in-service (TIS), and thereafter at intervals not to exceed 100 hours TIS:

    (i) Inspect the fillet seal around each flexbeam bolthole to determine whether it adheres properly to the hub or bushing or is missing. Indications of an improperly adhered seal include lifting, bubbling, peeling away, drying out, or cracking. If the fillet seal is not properly adhered or is missing, before further flight, replace the fillet seal with sealant C232 or equivalent by following the Accomplishment Instructions, paragraphs 2.D.(2) through 2.D.(5) and Figure 1, of MD Helicopters Service Bulletin SB900-125, dated February 19, 2016 (SB900-125).

    (ii) Using a light and a 10X or higher power magnifying glass, inspect the area outside of the fillet seal around each flexbeam bolthole on the top of the upper hub assembly for a crack. If there is a crack, before further flight, replace the upper hub assembly.

    (2) Within 12 months, and thereafter at intervals not to exceed 12 months:

    (i) Remove the paint and primer from the area around each flexbeam bolthole on top of the upper hub. Remove the fillet seal from the mating surface of each bushing and the top of the upper hub.

    (ii) Using a light and a 10X or higher power magnifying glass, inspect the area around each flexbeam bolthole for a crack. If there is a crack, before further flight, replace the upper hub assembly.

    (iii) Inspect each lead leg shim and bushing for corrosion around the flexbeam boltholes on the bottom of the upper hub in the flexbeam pockets. If there is corrosion, before further flight:

    (A) Remove the lead leg shim from the flexbeam pocket and clean the area adjacent to the flexbeam bolthole to remove any corrosion within maximum repair damage limits. If the corrosion exceeds maximum repair damage limits, replace the upper hub assembly.

    (B) Using a light and a 10X or higher power magnifying glass, inspect the area around the flexbeam bolthole for a crack. If there is a crack, before further flight, replace the upper hub assembly.

    (iv) Replace the fillet seal as described in paragraph (f)(1)(i) of this AD.

    (3) Within 1,000 hours TIS, and thereafter at intervals not to exceed 1,000 hours TIS:

    (i) Eddy current inspect the areas adjacent to each flexbeam bolthole, top and bottom, for a crack. This eddy current inspection must be performed by a Level II or higher technician with the American Society for Nondestructive Testing ASNT-TC-1A, European Committee for Standardization CEN EN 4179, Military Standard MIL-STD-410, National Aerospace Standard NAS410, or equivalent certification who has performed an eddy current inspection within the last 12 months. If there is a crack, before further flight, replace the upper hub assembly.

    (ii) Replace the fillet seal as described in paragraph (f)(1)(i) of this AD.

    (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Eric Schrieber, Aviation Safety Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 627-5348; 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.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6220 Main Rotor Head.

    Issued in Fort Worth, Texas, on March 27, 2017. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2017-06460 Filed 3-31-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0165; Airspace Docket No. 17-ACE-1] Proposed Amendment of Class E Airspace, for West Plains, MO AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify Class E airspace extending up to 700 feet above the surface at West Plains Regional Airport, West Plains, MO, to accommodate new standard instrument approach procedures for instrument flight rules (IFR) operations at the airport. This action is necessary due to the decommissioning of the Hutton (HUW) Very High Frequency Omnidirectional Range (VOR), and cancellation of VOR approach, and would enhance the safety and management of IFR operations at the airport. The airport's name also would be updated.

    DATES:

    Comments must be received on or before May 18, 2017.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-9826, or 1-800-647-5527. You must identify FAA Docket No. FAA-2017-0165/Airspace Docket No. 17-ACE-1, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Ron Laster, Federal Aviation Administration, Contract Support, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5879.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

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

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2017-0165/Airspace Docket No. 17-ACE-1.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

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

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

    Availability and Summary of Documents Proposed for Incorporation by Reference

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

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E airspace extending upward from 700 feet above the surface within a 6.9-mile radius of West Plains Municipal Airport and 8 miles west and 4 miles east of the 196° radial of the Hutton VOR/DME extending from the Hutton VOR/DME to 10 miles south of the Hutton VOR/DME would be removed due to the decommissioning of the VOR, cancellation of the VOR approach. This action would enhance the safety and management of the standard instrument approach procedures for IFR operations at the airport.

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

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ACE MO E5 West Plains, MO West Plains Municipal Airport, MO (Lat. 36°52′42″ N., long. 91°54′10″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of West Plains Municipal Airport.

    Issued in Fort Worth, Texas on March 22, 2017. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2017-06508 Filed 3-31-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0234] RIN 1625-AA00 Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a permanent safety zone for the navigable waters surrounding the entry of lava from Kilauea volcano into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The safety zone will encompass all waters extending 300 meters (984 feet) in all directions around all entry points of lava flow into the ocean. The entry points of the lava vary, and the safety zone will vary accordingly. The safety zone is needed to protect persons and vessels from the potential hazards associated with molten lava entering the ocean resulting in explosions of large chunks of hot rock and debris upon impact, collapses of the sea cliff into the ocean, hot lava arching out and falling into the ocean, and the release of toxic gases. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu or his designated representative. We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before June 2, 2017.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2017-0234 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Lieutenant Commander Nicolas Jarboe, Waterways Management Division, U.S. Coast Guard; telephone 808-541-4359, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis

    Lava has been entering the ocean at Kamokuna on Kīlauea Volcano's south coast since July of 2016. As with all ocean entries during this long-lived Kīlauea eruption, hazards to people nearby on land and sea include: A plume of corrosive seawater laden with hydrochloric acid and fine volcanic particles that can irritate the skin, eyes, and lungs; explosions of debris and scalding water as hot rock interacts with the ocean; sudden collapse of lava deltas (new land formed as lava accumulates above sea level extending out from the base of the existing sea cliff); waves associated with explosions, collapses; plumes of hot water. For more information, please see: https://pubs.usgs.gov/fs/2000/fs152-00/.

    On New Year's Eve 2016, a large portion of the new lava delta collapsed into the ocean producing waves and explosions of debris. Following this collapse, portions of the adjacent sea cliff continued to collapse into the ocean producing localized ocean waves and showers of debris. As of late March 2017, a new delta has begun to form at the Kamokuna ocean entry. Additionally, cracks parallel to the sea cliff in the surrounding area persist, indicating further collapses with very little or no warning are possible.

    Based on a review of nearly 30 years of delta collapse and ejecta distance observations in the Hawaii Volcano Observatory records, a radius of 300 meters was determined as a reasonable minimum high hazard zone around a point of ocean entry.

    The purpose of this proposed rulemaking is to protect persons and vessels from the potential hazards associated with molten lava entering the ocean resulting in explosions of large chunks of hot rock and debris upon impact, collapses of the sea cliff into the ocean, hot lava arching out and falling into the ocean, and the release of toxic gases. The safety zone's intended objectives include but not limited to protection of the public, mitigation of potential lava flow entry hazards to nearby vessels, and enhancing public safety. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231, which gives the Coast Guard, under a delegation from the Secretary of the Department of Homeland Security, regulatory authority to enforce the Ports and Waterways Safety Act.

    On March 28, 2017 the COTP issued a temporary final rule, published elsewhere in this issue of the Federal Register, without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) [5 U.S.C. 553(b)]. The temporary final rule established a temporary safety zone to immediately protect persons and vessels from the potential hazards associated with Kilauea's active lava flow entry into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The safety zone encompassed all waters extending 300 meters (984 feet) in all directions around all entry points of lava flow into the ocean. The entry points of the lava vary, and the safety zone will vary accordingly. The temporary final rule will remain in effect throughout this notice of proposed rulemaking unless otherwise canceled or modified by the COTP.

    III. Discussion of Proposed Rule

    The COTP Honolulu proposes to establish a permanent safety zone around the lava flow entry point on the Kamokuna lava delta. The entry point of the lava does change based on flow, however the safety zone will encompass all waters extending 300 meters (984 feet) in all directions around the entry point of lava flow into the ocean associated with the lava flow at the Kamokuna lava delta. The safety zone is needed to protect persons and vessels from potential hazards associated with molten lava entering the ocean resulting in explosions of large chunks of hot rock and debris upon impact, hot lava arching out and falling into the ocean, and the release of toxic gases. No persons or vessels will be permitted to enter the safety zone without express authorization from the COTP Honolulu or his designated representative.

    The regulatory text we are proposing appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget.

    This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic would be able to safely transit around this safety zone which would impact a small designated area of the southeast side of the Island of Hawaii, HI. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone.

    B. Impact on Small Entities

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

    Some owners or operators of vessels, which may be small entities, conduct tours in the vicinity of the proposed safety zone where lava flow enters the ocean. Some of these owners or operators reportedly navigate closer than 300 meters from the lava entry into the ocean. This rule may affect their operations. The safety zone does not prohibit ocean tours; the safety zone simply requires operators and vessel owners to navigate at a safe distance. It also allows vessels to seek permission of the COTP Honolulu to get closer.

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves permanent safety zone that would prohibit entry within prohibit persons and vessels from entry into the 300 meters (984 feet) safety zone extending in all directions around the entry of lava flow into the Pacific Ocean. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

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

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

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

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

    We plan to hold one public meeting on May 08, 2017 at 5 p.m. at the East Hawaii County Building (Hilo) Aupuni Center Conference Room located at 101 Pauahi St. #7, Hilo, Hawaii 96720. For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact the person named in the FOR FURTHER INFORMATION CONTACT section, above.

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.1414 to read as follows:
    § 165.1414 Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI.

    (a) Location. The safety zone area is located within the COTP Zone (See 33 CFR 3.70-10) and encompasses one primary area from the surface of the water to the ocean floor at the Kilauea active lava flow entry into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The entry point of the lava does change based on flow, however the safety zone will encompass all waters extending 300 meters (984 feet) in all directions around the entry point of lava flow into the ocean associated with the lava flow at the Kamokuna lava delta.

    (b) Enforcement period. The COTP Honolulu will establish the enforcement dates that will be announced with a notice of enforcement of regulations published in the Federal Register. The enforcement dates will also be announced with a Broadcast Notice to Mariners, Local Notice to Mariners, and Outreach.

    (c) Regulations. The general regulations governing safety zones contained in § 165.23 apply to the safety zone created by this rule.

    (1) All persons and vessels are required to comply with the general regulations governing safety zones found in this part.

    (2) Entry into or remaining in this safety zone is prohibited unless authorized by the COTP Honolulu or his designated representative.

    (3) Persons or vessels desiring to transit the safety zone identified in paragraph (a) of this section may contact the COTP of Honolulu through his designated representatives at the Command Center via telephone: (808) 842-2600 and (808) 842-2601; fax: (808) 842-2642; or on VHF channel 16 (156.8 Mhz) to request permission to transit the safety zone. If permission is granted, all persons and vessels must comply with the instructions of the COTP Honolulu or his designated representative and proceed at the minimum speed necessary to maintain a safe course while in the safety zone.

    (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies.

    (d) Notice of enforcement. The COTP Honolulu will provide notice of enforcement of the safety zone described in this section by verbal radio broadcasts and written notice to mariners.

    (e) Definitions. As used in this section, “designated representative” means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to assist in enforcing the safety zone described in paragraph (a) of this section.

    Dated: March 28, 2017. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu.
    [FR Doc. 2017-06474 Filed 3-31-17; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [FRL9961-12-OAR] Withdrawal of Proposed Rules: Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; and Clean Energy Incentive Program Design Details AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Withdrawal of proposed rules.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA) is withdrawing the October 23, 2015 proposals for a federal plan to implement the greenhouse gas (GHG) emission guidelines (EGs) for existing fossil fuel-fired electric generating units (EGUs), for model trading rules for implementation of the EGs, and for amendments to the Clean Air Act (CAA) 111(d) framework regulations, and the June 30, 2016 proposed rule concerning design details of the Clean Energy Incentive Program (CEIP).

    DATES:

    The proposed rule published on October 23, 2015 entitled “Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations.” 80 FR 64966, and the proposed rule published on June 30, 2016 entitled “Clean Energy Incentive Program Design Details,” 81 FR 42940, are withdrawn as of April 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (888) 627-7764; email address: [email protected].

    SUPPLEMENTARY INFORMATION: 1. Background

    On October 23, 2015, EPA published final carbon dioxide EGs under CAA 111(d) for existing EGUs, entitled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” 80 FR 64662 (October 23, 2015) (Clean Power Plan or CPP). On the same date, in connection with the CPP, EPA published a proposed rule for a federal plan to implement those guidelines, for model trading rules to aid implementation of the guidelines, and for amendments to the existing framework regulations implementing CAA 111(d) “Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations.” 80 FR 64966 (October 23, 2015) (the October 2015 Proposed Rule). Subsequently, on June 30, 2016, EPA published proposed design details of the Clean Energy Incentive Program (CEIP), an optional program that States could use to incentivize early emission reduction projects under the CPP. “Clean Energy Incentive Program Design Details,” 81 FR 42940 (June 30, 2016) (CEIP Proposed Rule). The EPA never finalized the October 2015 Proposed Rule or the CEIP Proposed Rule, and is not doing so today. Instead, it is withdrawing them both.

    The CPP was promulgated under Section 111 of the CAA. 42 U.S.C. 7411. Section 111 of the Clean Air Act authorizes the EPA to issue nationally applicable New Source Performance Standards (NSPS) limiting air pollution from “new sources” in source categories that cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. 42 U.S.C. Section 7411(b)(1). Under this authority, the EPA had long regulated new fossil fuel-fired power plants to limit air pollution other than carbon dioxide, including particulate matter (PM); nitrogen oxides (NOX) and sulfur dioxide (SO2). See 40 CFR part 60 subparts D, Da. In 2015, the EPA issued a rule that for the first time set carbon dioxide emissions limits for new fossil fuel-fired power plants. Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units (New Source Rule), 80 FR 64510 (October 23, 2015). Under certain circumstances, when the EPA issues standards for new sources under Section 111(b), the EPA has the authority under Section 111(d), to prescribe regulations under which each State is to submit a plan to establish standards for existing sources in the same category. The EPA relied on that authority to issue the CPP, which for the first time required States to submit plans specifically designed to limit carbon dioxide emissions from existing fossil fuel-fired power plants.

    Due to concerns about EPA's legal authority and record, 24 States and a number of other parties sought judicial review of the New Source Rule in the U.S. Court of Appeals for the District of Columbia. State of North Dakota v. EPA, No. 15-1381 (and consolidated cases) (D.C. Cir.). Similarly, due to concerns about EPA's legal authority and record, 27 States and a number of other parties sought judicial review of the CPP in the D.C. Circuit. State of West Virginia v. EPA, No. 15-1363 (and consolidated cases) (D.C. Cir.). On February 9, 2016, the Supreme Court stayed implementation of the CPP pending judicial review. Oral argument in the D.C. Circuit in North Dakota is currently scheduled for April 17, 2017. Following full merits briefing, oral argument in West Virginia was held before the D.C. Circuit, sitting en banc, on September 27, 2016. Both challenges to these rules are pending in the D.C. Circuit.

    2. Energy Development Executive Order and Other Related Notices

    On March 28, 2017, President Trump issued an Executive Order establishing a national policy in favor of energy independence, economic growth, and the rule of law. The purpose of that Executive Order is to facilitate the development of U.S. energy resources and to reduce unnecessary regulatory burdens associated with the development of those resources. The President has directed agencies to review existing regulations that potentially burden the development of domestic energy resources, and appropriately suspend, revise, or rescind regulations that unduly burden the development of U.S. energy resources beyond what is necessary to protect the public interest or otherwise comply with the law. The Executive Order also directs agencies to take appropriate actions, to the extent permitted by law, to promote clean air and clean water while also respecting the proper roles of Congress and the States. This Executive Order specifically directs EPA to review and, if appropriate, initiate proceedings to suspend, revise or rescind the CPP.

    In EPA's notice announcing the initiation of its review of the CPP, EPA states that, if its review concludes that suspension, revision or rescission of the CPP may be appropriate, EPA's review will be followed by a rulemaking process that will be transparent, follow proper administrative procedures, include appropriate engagement with the public, employ sound science, and be firmly grounded in the law.

    3. Why is the EPA withdrawing the October 2015 Proposed Rule and the CEIP Proposed Rule?

    The Executive Order directs the EPA to review the October 2015 Proposed Rule and, if appropriate, as soon as practicable and consistent with law, consider revising or withdrawing the October 2015 Proposed Rule. In anticipation of the Executive Order, the EPA had already begun a review of both the October 2015 Proposed Rule, and of the CEIP Proposed Rule, which proposes implementation details for a program that is directly connected to the CPP. In light of the policies set forth in the Executive Order and the Agency's concurrent notice initiating a review of the CPP, EPA has decided to withdraw the Proposed Rules, for the reasons discussed below.

    At this time, the EPA is not under an obligation to finalize these rulemakings, nor is there a time-sensitive need for them given the Supreme Court stay of the CPP. The October 2015 proposal and the CEIP proposal were issued at EPA's discretion to implement the 2015 CPP. First, the proposed model trading rules were designed to provide a sample for States wishing to adopt a trading program to implement the CPP. It was the CPP, however, that was designed to establish the binding requirements for state action, while the purpose of the proposed model rules was to give states examples of how to design an approvable program. While model rules may be helpful, they are not required under the CAA. Second, under the Clean Air Act's principles of cooperative federalism, hopefully a federal plan will never be needed to implement Section 111(d) emission guidelines, and a federal plan certainly is not statutorily required early in the implementation process, when the Agency's focus is to assist States in developing approvable state plans. Finally, the CEIP proposal provides details for a voluntary program that was designed to help States and tribes meet their CPP goals by removing barriers to investment in energy efficiency in low-income communities and encouraging early investments in zero-emitting renewable energy generation. The CEIP is not required by the CAA. Furthermore, because the energy markets continue to change, the appropriateness of the details of the CEIP proposal are dependent on projected market conditions during the time period when it would apply. Changes in CPP compliance dates, including state plan submission dates, would likely necessitate a re-evaluation of the CEIP proposal details.

    When EPA initially made these proposals, it assumed that States needed immediate guidance to develop state plans because EPA had set state plan submission dates starting in September 2016. EPA also wanted to be prepared to institute a federal plan immediately if a State missed its submission date. Given the Supreme Court's stay of the CPP, however, the CPP compliance dates must be reviewed. Indeed, the first state plan submission date has already passed, and other compliance dates are likely to pass while the Supreme Court stay is pending. Further, under the Supreme Court's stay of the CPP, States and other interested parties have not been required nor expected to work towards meeting the compliance dates set in the CPP. Thus, as the EPA conducts its review of the CPP and decides what further action to take on the EGU emission guidelines, EPA will ensure that any and all remaining compliance dates will be reasonable and appropriate in light of the Supreme Court stay of the CPP and other factors. Further state action will not be required unless and until there is resolution of the pending litigation or the EPA issues new EGU emission guidelines. This gives the EPA time to re-evaluate these CPP-related proposals.

    The EPA believes it should use this time to re-evaluate these CPP-related proposals and, if appropriate, put out re-proposals or new proposals to ensure that the public is commenting on EPA's most up-to-date thinking on these issues. There are a number of reasons why these proposals may ultimately not reflect the Agency's reasoned policy decisions reflecting both the current state of the energy market and the agency's operative understanding of its statutory authority. First, the Agency has announced that it is reviewing and, as appropriate, may suspend, revise or rescind the CPP. Though our review of the CPP is ongoing and any final decision to suspend, revise or rescind it will be made only after EPA has provided notice and an opportunity for public comment, it is possible that the CPP as promulgated in 2015 will be rescinded and that new emission guidelines, if any, for existing EGUs will be different from the CPP. Because the CPP-related Proposed Rules are designed to provide implementation details related to the specific requirements of the CPP, any changes to the CPP or new emission guidelines would most likely require changes to these CPP-related proposals. Thus, this preliminary action to withdraw these CPP-related proposals will allow EPA to review them in light of its review of the CPP and, if they are still needed, to determine the appropriate next steps for these proposals, which may be to develop new proposals with revisions to ensure they are consistent with and appropriately implement revised emission guidelines, if any. Second, whether or not the EPA makes any changes as a result of its review of the CPP, it is appropriate for the EPA to re-evaluate the proposals in light of the policies set forth in the Executive Order and ensure that what the Agency proposes and seeks public comment on has been developed or reviewed in light of those policies.

    As a final point, we want to be clear that our withdrawal of these proposals is not based on any final substantive decision that we have made with respect to these proposals. We are withdrawing these proposals for the procedural reasons that we have discussed above to promote the EPA's review of the CPP and future rulemaking process, and ensure that interested parties have a full opportunity to comment on proposals that reflect the Agency's most up-to-date and relevant thinking. Thus, for the reasons stated above, EPA concludes that, at this time, it is appropriate to withdraw the October 2015 Proposed Rule and the CEIP Proposed Rule. The

    EPA intends to review these proposals in conjunction with its comprehensive review of the CPP. Based on that review, the Agency will determine how best to proceed, which may include the development of new proposals consistent with the requirements of CAA Section 307(d).

    4. Statutory Authority

    Pursuant to CAA Section 307(d)(1)(V), the Administrator is determining that this withdrawal is subject to the provisions of CAA Section 307(d). The statutory authority for this notice is provided by Sections 111, 301 and 307(d) of the CAA as amended (42 U.S.C. 7411, 7601 and 7607(d)).

    5. Impact Analysis

    Because the EPA is not promulgating any regulatory requirements, there are no compliance costs or impacts associated with today's final action.

    6. Statutory and Executive Order Reviews

    Today's action does not establish new regulatory requirements. Hence, the requirements of other regulatory statutes and Executive Orders that generally apply to rulemakings (e.g., the Unfunded Mandate Reform Act) do not apply to this action.

    Dated: March 28, 2017. E. Scott Pruitt, Administrator.
    [FR Doc. 2017-06518 Filed 3-31-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 68 [EPA-HQ-OEM-2015-0725; FRL-9960-44-OLEM] RIN 2050-AG91 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Further Delay of Effective Date AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to delay the effective date of the final rule that amends the Risk Management Program regulations under the Clean Air Act published in the Federal Register on January 13, 2017. On March 16, 2017, the EPA published in the Federal Register a stay and delay of the effective date pending reconsideration to June 19, 2017. The EPA is proposing to further delay the effective date to February 19, 2019. This action would allow the Agency time to consider petitions for reconsideration of this final rule and take further regulatory action, which could include proposing and finalizing a rule to revise the Risk Management Program amendments.

    DATES:

    Comments. Written comments must be received by May 19, 2017.

    Public Hearing. The EPA will hold a public hearing on this proposed rule on April 19, 2017 in Washington, DC.

    ADDRESSES:

    Comments. Submit your comments, identified by Docket ID No. EPA-HQ-OEM-2015-0725, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    Public Hearing. A public hearing will be held in Washington, DC on April 19, 2017 at William J. Clinton East Building, Room 1153 (Map Room), 1201 Constitution Ave. NW., Washington, DC 20460. The hearing will convene at 9:00 a.m. through 4:00 p.m. (all times are Eastern Standard Time). The sessions will run from 9:00 a.m. to 12:00 Noon, with a break between 12:00 Noon and 1:00 p.m., continuing from 1:00 p.m. to 4:00 p.m. Persons wishing to preregister may be assigned a time according to this schedule. The afternoon session beginning at 1:00 p.m. will be extended one hour after all scheduled comments have been heard to accommodate those wishing to make a comment as a walk-in registrant. Please register at https://www.eventbrite.com/e/rmp-proposed-rule-effective-date-public-hearing-tickets-32733701382 to speak at the hearing. The last day to preregister in advance to speak at the hearing is April 11, 2017. Additionally, requests to speak will be taken the day of the hearing at the hearing registration desk, although preferences on speaking times may not be able to be fulfilled. If you require the service of a translator or special accommodations such as audio description, we ask that you identify such needs during preregistration for the hearing, on or before April 11, 2017, to allow sufficient time to arrange such accommodations.

    The hearing will provide interested parties the opportunity to present data, views or arguments concerning the proposed action. The EPA will make every effort to accommodate all speakers who arrive and register. Because this hearing is being held at U.S. government facilities, individuals planning to attend the hearing should be prepared to show valid picture identification to the security staff in order to gain access to the meeting room. Please note that the REAL ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. If your driver's license is issued by Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New York, Oklahoma or the state of Washington, you must present an additional form of identification to enter the federal building. Acceptable alternative forms of identification include: Federal employee badges, passports, enhanced driver's licenses and military identification cards. In addition, you will need to obtain a property pass for any personal belongings you bring with you. Upon leaving the building, you will be required to return this property pass to the security desk. No large signs will be allowed in the building, cameras may only be used outside of the building and demonstrations will not be allowed on federal property for security reasons.

    The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. Verbatim transcripts of the hearing and written statements will be included in the docket for the rulemaking. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearing to run either ahead of schedule or behind schedule.

    FOR FURTHER INFORMATION CONTACT:

    James Belke, United States Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW. (Mail Code 5104A), Washington, DC 20460; telephone number: (202) 564-8023; email address: [email protected], or: Kathy Franklin, United States Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW. (Mail Code 5104A), Washington, DC 20460; telephone number: (202) 564-7987; email address: [email protected]

    Electronic copies of this document and related news releases are available on EPA's Web site at http://www.epa.gov/rmp. Copies of this proposed rule are also available at http://www.regulations.gov.

    SUPPLEMENTARY INFORMATION: I. Does this action apply to me?

    This rule applies to those facilities, referred to as “stationary sources” under the Clean Air Act (CAA), that are subject to the chemical accident prevention requirements at 40 CFR part 68. This includes stationary sources holding more than a threshold quantity (TQ) of a regulated substance in a process. Table 5 provides industrial sectors and the associated NAICS codes for entities potentially affected by this action. The Agency's goal is to provide a guide for readers to consider regarding entities that potentially could be affected by this action. However, this action may affect other entities not listed in this table. If you have questions regarding the applicability of this action to a particular entity, consult the person(s) listed in the introductory section of this action under the heading entitled FOR FURTHER INFORMATION CONTACT.

    Table 5—Industrial Sectors and Associated NAICS Codes for Entities Potentially Affected by This Action Sector NAICS code Administration of Environmental Quality Programs 924. Agricultural Chemical Distributors: Crop Production 111. Animal Production and Aquaculture 112. Support Activities for Agriculture and Forestry Farm 115. Supplies Merchant Wholesalers 42491. Chemical Manufacturing 325. Chemical and Allied Products Merchant Wholesalers 4246. Food Manufacturing 311. Beverage Manufacturing 3121. Oil and Gas Extraction 211. Other 44, 45, 48, 54, 56, 61, 72. Other manufacturing 313, 326, 327, 33. Other Wholesale: Merchant Wholesalers, Durable Goods 423. Merchant Wholesalers, Nondurable Goods 424. Paper Manufacturing 322. Petroleum and Coal Products Manufacturing 324. Petroleum and Petroleum Products Merchant Wholesalers 4247. Utilities 221. Warehousing and Storage 493. II. Background

    On January 13, 2017, the EPA issued a final rule amending 40 CFR part 68, the chemical accident prevention provisions under section 112(r)(7) of the CAA (42 U.S.C. 7412(r)). The amendments addressed various aspects of risk management programs, including prevention programs at stationary sources, emergency response preparedness requirements, information availability, and various other changes to streamline, clarify, and otherwise technically correct the underlying rules. Collectively, this rulemaking is known as the “Risk Management Program Amendments.” For further information on the Risk Management Program Amendments, see 82 FR 4594 (January 13, 2017).

    On January 26, 2017, the EPA published a final rule delaying the effective date of the Risk Management Program Amendments from March 14, 2017, to March 21, 2017, see 82 FR 8499. This revision to the effective date of the Risk Management Program Amendments was part of an EPA final rule implementing a memorandum dated January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review.” This memorandum directed the heads of agencies to postpone until 60 days after the date of its issuance the effective date of rules that were published prior to January 20, 2017 but which had not yet become effective.

    In a letter dated February 28, 2017, a group known as the “RMP Coalition,” 1 submitted a petition for reconsideration of the Risk Management Program Amendments (“RMP Coalition Petition”) as provided for in CAA section 307(d)(7)(B) (42 U.S.C. 7607(d)(7)(B)).2 Under that provision, the Administrator is to commence a reconsideration proceeding if, in the Administrator's judgement, the petitioner raises an objection to a rule that was impracticable to raise during the comment period or if the grounds for the objection arose after the comment period but within the period for judicial review. In either case, the Administrator must also conclude that the objection is of central relevance to the outcome of the rule. The Administrator may stay the effective date of the rule for up to three months during such reconsideration. On March 13, 2017, the Chemical Safety Advocacy Group (“CSAG”) also submitted a petition for reconsideration and stay.3 On March 14, 2017, the EPA received a third petition for reconsideration and stay from the States of Louisiana, joined by Arizona, Arkansas, Florida, Kansas, Kentucky, Oklahoma, South Carolina, Texas, Wisconsin, and West Virginia. The petitions from CSAG and the eleven states also requested that EPA delay the various compliance dates of the Risk Management Program Amendments.

    1 The RMP Coalition is comprised of the American Chemistry Council, the American Forest & Paper Association, the American Fuel & Petrochemical Manufacturers, the American Petroleum Institute, the Chamber of Commerce of the United States of America, the National Association of Manufacturers, and the Utility Air Regulatory Group.

    2 A copy of the RMP Coalition petition is included in the docket for this rule, Docket ID No. EPA-HQ-OEM-2015-0725.

    3 A copy of the CSAG petition is included in the docket for this rule, Docket ID No. EPA-HQ-OEM-2015-0725. CSAG members include companies in the refining, oil and gas, chemicals, and general manufacturing sectors with operations throughout the United States that are subject to the RMP Rule.

    In a letter dated March 13, 2017, the Administrator announced the convening of a proceeding for reconsideration of the Risk Management Program Amendments (a copy of this letter is included in the docket for this rule, Docket ID No. EPA-HQ-OEM-2015-0725). As explained in that letter, having considered the objections raised in the RMP Coalition Petition, the Administrator determined that the criteria for reconsideration have been met for at least one of the objections. EPA issued a three-month (90-day) administrative stay of the effective date of the Risk Management Program Amendments until June 19, 2017 (82 FR 13968, March 16, 2017). EPA will prepare a notice of proposed rulemaking in the near future that will provide the RMP Coalition, CSAG, the states, and the public an opportunity to comment on the issues raised in the petitions that meet the standard of CAA section 307(d)(7)(B) as well as any other matter we believe will benefit from additional comment.

    III. Proposal To Delay the Effective Date

    As noted above, the Administrator's authority to administratively stay the effectiveness of a Clean Air Act rule pending reconsideration is limited to three months. On occasion, however, we have found three months to be insufficient to complete the necessary steps in the reconsideration process. Therefore, when we have issued similar administrative stays in the past, it has often been our practice to also propose an additional extension of the stay of effectiveness through a rulemaking process. We believe this practice is consistent with our rulemaking authority under CAA 307(d), which generally allows the EPA to set effective dates as appropriate unless other provisions of the CAA control. An additional extension enables us to take comment on issues that are in question and complete any revisions of the rule that become necessary as a result of the reconsideration process.

    As with some of our past reconsiderations, we expect to take comment on a broad range of legal and policy issues as part of the Risk Management Program Amendments reconsideration, and we are in the process of preparing the necessary comment solicitation to help focus commenters on issues of central relevance to our decision-making. Recognizing that these issues may be difficult and time consuming to evaluate, and given the expected high level of interest from stakeholders in commenting on these issues, we are proposing a further delay of the effective date to allow additional time to open these issues for review and comment.

    This proposed rule would delay the effective date of the Risk Management Program Amendments to February 19, 2019. This timeframe would allow the EPA time to evaluate the objections raised by the various petitions for reconsideration of the Risk Management Program Amendments, consider other issues that may benefit from additional comment, and take further regulatory action. This schedule allows time for developing and publishing any notices that focus comment on specific issues to be reconsidered as well as other issues for which additional comment may be appropriate. A delay of the effective date to February 19, 2019, provides a sufficient opportunity for public comment on the reconsideration in accordance with the requirements of CAA section 307(d), gives us an opportunity to evaluate and respond to such comments, and take any possible regulatory actions, which could include proposing and finalizing a rule to revise the Risk Management Program amendments, as appropriate. While it is possible that we may require less time to complete the reconsideration and any possible regulatory actions, we believe extending the effective date to February 19, 2019 is reasonable and prudent.

    The EPA recognizes that compliance dates for some provisions in the Risk Management Program Amendments coincided with the rule's effective date, while compliance dates for other provisions would occur in later years, i.e., 2018, 2021, or 2022, depending on the provision. Compliance with all of the rule provisions is not required as long as the rule does not become effective. The EPA is not proposing any action on any compliance dates at this time, as EPA plans to amend the compliance dates as necessary when considering future regulatory action.

    The Agency is seeking comment on this proposal to delay the effective date of the Risk Management Program Amendments. Any alternative approaches or timeframes presented must include appropriate rationale and supporting data in order for the Agency to be able to consider them for final action. Because this proposal is solely focused on the issue of whether to further extend the effective date and for how long, comments should be limited to these issues. A separate Federal Register notice published in the near future will specifically solicit comment on the range of issues under reconsideration.

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

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

    B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under the PRA. This proposed rule would only delay the effective date of the Risk Management Program Amendments finalized on January 13, 2017 (see 82 FR 4594) and does not propose information collection activities.

    C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This proposed rule would not impose a regulatory burden for small entities because it only proposes to delay the effective date of the Risk Management Program Amendments finalized on January 13, 2017 (see 82 FR 4594). We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities.

    D. Unfunded Mandates Reform Act

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

    E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in Executive Order 13175. This proposed rule would only delay the effective date of the Risk Management Program Amendments finalized on January 13, 2017 (see 82 FR 4594) and does not propose new regulatory requirements. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk.

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

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

    I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This proposed rule would only delay the effective date of the Risk Management Program Amendments finalized on January 13, 2017 (see 82 FR 4594) and does not propose any regulatory requirements.

    List of Subjects in 40 CFR Part 68

    Environmental protection, Administrative practice and procedure, Air pollution control, Chemicals, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: March 29, 2017. E. Scott Pruitt, Administrator.
    [FR Doc. 2017-06526 Filed 3-31-17; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 409, 410, 418, 440, 484, 485 and 488 [CMS-3819-P2] RIN 0938-AG81 Medicare and Medicaid Programs; Conditions of Participation for Home Health Agencies; Delay of Effective Date AGENCY:

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

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed rule would delay the effective date for the final rule entitled “Medicare and Medicaid Programs: Conditions of Participation for Home Health Agencies” published in the Federal Register on January 13, 2017. The current effective date for the final rule is July 13, 2017, and this rule proposes to delay the effective date for an additional 6 months until January 13, 2018. This proposed rule would also make two conforming changes to dates that are included in the regulations text.

    DATES:

    To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on June 2, 2017.

    ADDRESSES:

    In commenting, please refer to file code CMS-3819-P2. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission.

    You may submit comments in one of four ways (please choose only one of the ways listed):

    1. Electronically. You may submit electronic comments on this regulation to http://www.regulations.gov. Follow the “Submit a comment” instructions.

    2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-3819-P2, P.O. Box 8010, Baltimore, MD 21244-1850.

    Please allow sufficient time for mailed comments to be received before the close of the comment period.

    3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-3819-P2, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.

    4. By hand or courier. Alternatively, you may deliver (by hand or courier) your written comments ONLY to the following addresses prior to the close of the comment period:

    a. For delivery in Washington, DC—Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201.

    (Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.)

    b. For delivery in Baltimore, MD— Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244-1850.

    If you intend to deliver your comments to the Baltimore address, call telephone number (410) 786-9994 in advance to schedule your arrival with one of our staff members.

    Comments erroneously mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.

    For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section.

    FOR FURTHER INFORMATION CONTACT:

    Danielle Shearer (410) 786-6617. Mary Rossi-Coajou (410) 786-6051. Maria Hammel (410) 786-1775.

    SUPPLEMENTARY INFORMATION:

    Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: http://www.regulations.gov. Follow the search instructions on that Web site to view public comments.

    Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951.

    I. Background

    On October 9, 2014, we published the proposed rule “Medicare and Medicaid Programs: Conditions of Participation for Home Health Agencies” (hereinafter “October 2014 HHA CoPs proposed rule”) in the Federal Register (79 FR 61164) and provided a 60 day comment period. On December 1, 2014, in response to public comments requesting additional time to respond to the proposed rule, we published a notice of extension of the comment period (79 FR 71081), which extended the public comment period for the October 2014 HHA CoPs proposed rule an additional 30 days, from December 8, 2014 to January 7, 2015. The vast majority of commenters on the October 2014 HHA CoPs proposed rule made suggestions related to the effective date of the final rule (“Medicare and Medicaid Programs; Conditions of Participation for Home Health Agencies”, January 13, 2017, (82 FR 4504), hereinafter “January 2017 HHA CoPs final rule”). Commenters strongly expressed a need for a significant period of time to prepare for implementation of the new rules, noting that HHAs would need to adjust resource allocation, staffing, and potentially even infrastructure. Recommended effective date time frames ranged from 6 months after publication of the final rule to 5 years after publication of the final rule. The most frequent recommendation received was to finalize an effective date that was 1 year after the publication of the final rule. We agreed with commenters that it was appropriate to allow additional time for HHAs to prepare for the changes being set forth in the HHA CoPs final rule. Therefore, when we published the January 2017 HHA CoPs final rule in the Federal Register on January 13, 2017, we finalized an effective date of July 13, 2017 (that is, 6 months after the final rule was published in the Federal Register).

    The January 2017 HHA CoPs final rule revised the CoPs that HHAs must meet in order to participate in the Medicare and Medicaid programs. The requirements focus on the care delivered to patients by HHAs, reflect an interdisciplinary view of patient care, allow HHAs greater flexibility in meeting quality care standards, and eliminate unnecessary procedural requirements. These changes are an integral part of our overall effort to achieve broad-based, measurable improvements in the quality of care furnished through the Medicare and Medicaid programs, while at the same time eliminating unnecessary procedural burdens on providers. We believe that the overall approach of the CoPs provides HHAs with greatly enhanced flexibility. At the same time, we believe the new requirements help HHAs achieve needed and desired outcomes for patients, increasing patient satisfaction with the services provided.

    II. Provisions of the Proposed Regulations

    Following publication of the January 2017 HHA CoPs final rule, we received inquiries that represented a large number of HHAs requesting that the agency delay the effective date for the new HHA CoPs. The inquiries asserted that HHAs were not able to effectively implement the new CoPs until CMS issued its revised Interpretive Guidelines (State Operations Manual, CMS Pub. 100-07, Appendix B). In addition, one of the inquiries stated that HHAs were unable to effectively implement the new CoPs until CMS issued further sub-regulatory guidance related to converting subunits to branches or independent HHAs, which would impact 216 HHAs nationwide. One of the inquiries cited the estimated $300 million cost to implement the new requirements as a reason for delaying the effective date.

    We believe that the concerns expressed in the inquiries have merit, so in response to the concerns summarized above, we propose to delay the effective date of the January 2017 HHA CoPs final rule for an additional 6 months. The effective date for the January 2017 HHA CoPs final rule, which is currently set to become effective on July 13, 2017, would be delayed until January 13, 2018.

    We also propose to make two conforming changes to dates that appear in the regulations text of the January 2017 HHA CoPs final rule. First, we included a phase-in date for the requirements at § 484.65(d)—“Standard: Performance improvement projects.” This phase-in date allowed HHAs an additional 6 months after the January 2017 HHA CoPs final rule became effective to collect data before implementing data-driven performance improvement projects. We continue to believe that it is appropriate to phase-in the performance improvement project requirement 6 months after the provisions of the January 2017 HHA CoPs final rule become effective. Therefore, we propose to revise the phase-in date for the requirements at § 484.65(d) by replacing the January 13, 2018 date with a July 13, 2018 date.

    Second, we propose to revise § 484.115(a)—“Standard: Administrator, home health agency.” In this provision, we grandfathered in all administrators employed by HHAs prior to the effective date of the January 2017 HHA CoPs final rule, meaning that those administrators employed by an HHA prior to July 13, 2017 would not have to meet the new personnel requirements. We propose to replace the July 13, 2017 effective date at § 484.115(a)(1) and (2) with the proposed effective date of January 13, 2018.

    III. Collection of Information Requirements

    This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    IV. Response to Comments

    Because of the large number of public comments we normally receive on Federal Register documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble, and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document.

    V. Regulatory Impact Statement

    We have examined the impact of this rule as required by Executive Order 12866 on Regulatory Planning and Review (September 30, 1993), Executive Order 13563 on Improving Regulation and Regulatory Review (January 18, 2011), the Regulatory Flexibility Act (RFA) (September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, section 202 of the Unfunded Mandates Reform Act of 1995 (March 22, 1995; Pub. L. 104-4), Executive Order 13132 on Federalism (August 4, 1999), the Congressional Review Act (5 U.S.C. 804(2), and Executive Order 13771 on Reducing Regulation and Controlling Regulatory Costs (January 30, 2017).

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). This rule does not reach the economic threshold and thus is not considered a major rule.

    The RFA requires agencies to analyze options for regulatory relief of small entities. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Most hospitals and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of less than $7.5 million to $38.5 million in any 1 year. Individuals and States are not included in the definition of a small entity. We are not preparing an analysis for the RFA because we have determined, and the Secretary certifies, that this proposed rule would not have a significant economic impact on a substantial number of small entities.

    In addition, section 1102(b) of the Social Security Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 603 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area for Medicare payment regulations and has fewer than 100 beds. We are not preparing an analysis for section 1102(b) of the Act because we have determined, and the Secretary certifies, that this proposed rule would not have a significant impact on the operations of a substantial number of small rural hospitals.

    Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. Currently, that threshold is approximately $146 million. This rule will have no consequential effect on state, local, or tribal governments or on the private sector.

    Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on state and local governments, preempts state law, or otherwise has Federalism implications. Since this regulation does not impose any costs on state or local governments, the requirements of Executive Order 13132 are not applicable.

    Executive Order 13771, entitled “Reducing Regulation and Controlling Regulatory Costs,” was issued on January 30, 2017 (82 FR 9339, February 3, 2017). Section 2(a) of Executive Order 13771 requires an agency, unless prohibited by law, to identify at least two existing regulations to be repealed when the agency publicly proposes for notice and comment or otherwise promulgates a new regulation. In furtherance of this requirement, section 2(c) of Executive Order 13771 requires that the new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs associated with at least two prior regulations. OMB's interim guidance, issued on February 2, 2017, https://www.whitehouse.gov/the-press-office/2017/02/02/interim-guidance-implementing-section-2-executive-order-january-30-2017, explains that for Fiscal Year 2017 the above requirements only apply to each new “significant regulatory action that imposes costs.” It has been determined that this proposed rule is not a “significant regulatory action that imposes costs” and thus does not trigger the above requirements of Executive Order 13771.

    In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget.

    List of Subjects 42 CFR Part 409

    Health facilities, Medicare.

    42 CFR Part 410

    Health facilities, Health professions, Kidney diseases, Laboratories, Medicare, Reporting and recordkeeping requirements, Rural areas, X-rays.

    42 CFR Part 418

    Health facilities, Hospice care, Medicare, Reporting and recordkeeping requirements.

    42 CFR Part 440

    Grant programs—health, Medicaid.

    42 CFR Part 484

    Health facilities, Health professions, Medicare, Reporting and recordkeeping requirements.

    42 CFR Part 485

    Grant programs—health, Health facilities, Medicaid, Medicare, Reporting and recordkeeping requirements.

    42 CFR Part 488

    Administrative practice and procedure, Health facilities, Medicare, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services proposes to delay the effective date for the final rule published on January 13, 2017 (82 FR 4504) and to further amend 42 CFR chapter IV as set forth below:

    PART 484—HOME HEALTH SERVICES 1. The authority citation for part 484 continues to read as follows: Authority:

    Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395(hh)) unless otherwise indicated.

    § 484.65 [Amend]
    2. In § 484.65, amend paragraph (d) by removing the date “January 13, 2018” and adding in its place “July 13, 2018”.
    § 484.115 [Amend]
    3. In § 484.115, amend paragraphs (a)(1) and (2) by removing the date “July 13, 2017” and adding in its place “January 13, 2018”. Dated: March 28, 2017. Seema Verma, Administrator, Centers for Medicare & Medicaid Services. Dated: March 28, 2017. Thomas E. Price, Secretary, Department of Health and Human Services.
    [FR Doc. 2017-06540 Filed 3-31-17; 8:45 am] BILLING CODE 4120-01-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 36 [CC Docket No. 80-286; FCC 17-22] Jurisdictional Separations and Referral to the Federal-State Joint Board AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Commission proposes a further eighteen month extension of the current freeze of category relationships and allocation factors for price cap carriers and all allocation factors for rate-of-return carriers and seeks comment on several issues regarding the potential effects of the freeze extension.

    DATES:

    Comments are due on or before April 17, 2017. Reply comments are due on or before April 24, 2017.

    ADDRESSES:

    Federal Communications Commission, 445 12th St. SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Rhonda Lien, Wireline Competition Bureau, Pricing Policy Division at (202) 418-1540 or at [email protected].

    SUPPLEMENTARY INFORMATION:

    This a summary of the Commission Further Notice of Proposed Rulemaking released on March 20, 2017. The full text of this document may be accessed at the following internet address: https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-22A1.docx.

    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Section 1.415(b) of the Commission's rules does not establish a minimum time period for the Commission to receive comments on proposed rules. Rather, the rule states that a “reasonable time will be provided for submission of comments.” In this proceeding, because the current separations freeze will otherwise expire on June 30, 2017, and because we expect our proposal to extend the freeze will not generate controversy, we find that it is reasonable to allow 14 days after Federal Register publication for the filing of comments and seven days after that for the filing of any reply comments.

    Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

    Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.

    Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

    Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

    U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554.

    Accessible Formats. 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 & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

    Ex Parte Presentations. The proceeding this Further Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

    We propose to extend the existing separations freeze for an additional eighteen months while we work to reform the separations rules. As with our prior freezes, we propose that the freeze extension be implemented as described in the 2001 Separations Freeze Order. Specifically, we propose to direct rate-of-return ILECs to continue to use the same frozen jurisdictional allocation factors, and the same frozen category relationships if they had opted previously to freeze those relationships. We seek comment on this proposal. Are there adjustments we should make on a going-forward basis to the current freeze?

    The policy changes adopted by the Commission in recent years, particularly those arising from the Commission's fundamental reform of the high cost universal service support program and intercarrier compensation systems in the USF/ICC Transformation Order and from our recent changes to the Part 32 accounting rules, will significantly affect the Commission's and the Joint Board's analysis of interim and comprehensive separations reform. We believe that extending the freeze for eighteen months will allow the Joint Board sufficient time to consider the impact of our recent reforms on the separations rules and will allow us the opportunity to fashion a Notice of Proposed Rulemaking that benefits from the Joint Board's consideration of how best to approach separations reform. We seek comment on this proposed path forward, and invite commenters to identify alternative approaches.

    One significant benefit of extending the freeze while we undertake reform will be to provide stability and regulatory certainty for ILECs during the reform process. As the Commission has observed, if the frozen category relationships and allocation factors were unfrozen, ILECs would be required to reinstitute their separations processes that have not been used since the inception of the freeze almost sixteen years ago. Reinstating these requirements would require substantial training and investment. Moreover, given the significant changes in technologies and investment decisions, as well as changes in regulatory approaches at both the state and federal levels, the existing separations rules are likely outdated. We anticipate that extending the jurisdictional separations freeze would provide rate-of-return ILECs with certainty in the near future as they continue apportioning costs as they have since the 2001 Separations Freeze Order, and would be preferable to re-imposing the burden of the separations rules. We seek comment on these on other benefits or drawbacks to a continued freeze.

    We also seek comment on the effect that our proposal to extend the freeze would have on small entities, and whether any rules that we adopt should apply differently to small entities. We seek comment on the costs and burdens of an extension on small ILECs and whether the extension would disproportionately affect specific types of carriers or ratepayers.

    The Joint Board has a pending referral to consider broadly any appropriate changes to the separations rules. We will evaluate whether other discrete issues should be referred to the Joint Board. We anticipate that the Joint Board will meet in July 2017 to consider reform of the separations process. We expect to receive the Joint Board's recommendations for comprehensive separations reform within nine months thereafter, that is, in April 2018.

    Procedureal Matters

    Paperwork Reduction Act. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

    Initial Regulatory Flexibility Act Analysis. As required by the Regulatory Flexibility Act of 1980 (RFA), the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) for this Further Notice of Proposed Rulemaking, of the possible significant economic impact on small entities of the policies and rules addressed in this document.

    Need for, and Objectives of, the Proposed Rules

    In the 1997 Separations Notice, the Commission noted that the network infrastructure by that time had become vastly different from the network and services used to define the cost categories appearing in the Commission's Part 36 jurisdictional separations rules, and that the separations process codified in Part 36 was developed during a time when common carrier regulation presumed that interstate and intrastate telecommunications service must be provided through a regulated monopoly. Thus, the Commission initiated a proceeding with the goal of reviewing comprehensively the Commission's Part 36 procedures to ensure that they meet the objectives of the Telecommunications Act of 1996 (1996 Act). The Commission sought comment on the extent to which legislative changes, technological changes, and market changes might warrant comprehensive reform of the separations process. More than eighteen years have elapsed since the closing of the comment cycle on the 1997 Separations Notice, and more than fifteen years have elapsed since the imposition of the freeze. The industry has experienced myriad changes during that time, including reform of universal service and intercarrier compensation; therefore, we ask for comment on the impact of a further extension of the freeze. The purpose of the proposed extension of the freeze is to ensure that the Commission's separations rules meet the objectives of the 1996 Act, and to allow the Commission additional time to consider changes that may need to be made to the separations process in light of changes in the law, technology, and market structure of the telecommunications industry.

    Legal Basis

    The legal basis for the Further Notice of Proposed Rulemaking is contained in sections 1, 2, 4(i), 201-205, 215, 218, 220, and 410 of the Communications Act of 1934, as amended.

    Description and Estimate of the Number of Small Entities to Which Rules May Apply

    The RFA directs agencies to provide a description of, and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A “small business concern” is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). Nationwide, there are a total of approximately 27.9 million small businesses, according to the SBA.

    Incumbent Local Exchange Carriers (Incumbent LECs). Neither the Commission nor the SBA has developed a small business size standard specifically for providers of incumbent local exchange services. The closest applicable size standard under the SBA rules is for Wired Telecommunications Carriers. Under the SBA definition, a carrier is small if it has 1,500 or fewer employees. According to the FCC's Telephone Trends Report data, 1,307 incumbent LECs reported that they were engaged in the provision of local exchange services. Of these 1,307 carriers, an estimated 1,006 have 1,500 or fewer employees and 301 have more than 1,500 employees. Consequently, the Commission estimates that most incumbent LECs are small entities that may be affected by the rules and policies adopted herein.

    We have included small incumbent LECs in this RFA analysis. As noted above, a “small business” under the RFA is one that, inter alia, meets the pertinent small business size standard (e.g., a telephone communications business having 1,500 or fewer employees), and “is not dominant in its field of operation.” The SBA's Office of Advocacy contends that, for RFA purposes, small incumbent LECs are not dominant in their field of operation because any such dominance is not “national” in scope. Because our proposals concerning the Part 36 separations process will affect all incumbent LECs providing interstate services, some entities employing 1,500 or fewer employees may be affected by the proposals made in this Further Notice. We have therefore included small incumbent LECs in this RFA analysis, although we emphasize that this RFA action has no effect on the Commission's analyses and determinations in other, non-RFA contexts.

    Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements

    None.

    Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance and reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or part thereof, for small entities.

    As described above, more than fifteen years have elapsed since the imposition of the freeze, thus, we are seeking comment on the impact of a further extension of the freeze. We seek comment on the effects our proposals would have on small entities, and whether any rules that we adopt should apply differently to small entities. We direct commenters to consider the costs and burdens of an extension on small incumbent LECs and whether the extension would disproportionately affect specific types of carriers or ratepayers.

    We believe that implementation of the proposed freeze extension would ease the administrative burden of regulatory compliance for LECs, including small incumbent LECs. The freeze has eliminated the need for all incumbent LECs, including incumbent LECs with 1,500 employees or fewer, to complete certain annual studies formerly required by the Commission's rules. If an extension of the freeze can be said to have any effect under the RFA, it is to reduce a regulatory compliance burden for small incumbent LECs by relieving these carriers from the burden of preparing separations studies and providing these carriers with greater regulatory certainty.

    Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules

    None.

    Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the Further Notice indicated on the first page of this document. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of this Further Notice of Proposed Rulemaking, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).

    For further information regarding this proceeding, contact Rhonda J. Lien, Pricing Policy Division, Wireline Competition Bureau, at (202) 418-1520, or rhonda.lien[email protected]

    Ordering Clauses

    Accordingly, it is ordered that, pursuant to the authority contained in sections 1, 2, 4(i), 201-205, 215, 218, 220, and 410 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 201-205, 215, 218, 220, 410, this Further Notice of Proposed Rulemaking IS ADOPTED.

    It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Further Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.

    It is further ordered that, pursuant to sections 1.4(b)(1) and 1.103(a) of the Commission's rules, 47 CFR 1.4(b)(1), 1.103(a), this Further Notice of Proposed Rulemaking shall be effective on the date of publication in the Federal Register.

    List of Subjects

    Communications common carriers, Reporting and recordkeeping requirements; Telephone; Uniform System of Accounts.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2017-06532 Filed 3-31-17; 8:45 am] BILLING CODE 6712-01-P
    82 62 Monday, April 3, 2017 Notices AGENCY FOR INTERNATIONAL DEVELOPMENT Board for International Food and Agricultural Development; Notice of Meeting

    Pursuant to the Federal Advisory Committee Act, notice is hereby given of the public meeting of the Board for International Food and Agricultural Development (BIFAD). The meeting will be held from 9:00 a.m. EDT on Tuesday, April 18, 2017 through 5:00 p.m. EDT on Thursday, April 20, 2017, online at https://agrilinks.org/agexchange/aligning-research-investments-global-food-security-strategy-three-day-agexchange.

    This public meeting, hosted in partnership with the USAID's Bureau for Food Security, will inform the alignment of research investments to the new Global Food Security Strategy (GFSS). The three-day AgExchange will frame a research agenda around the themes described in the Results Framework of the GFSS, with emphasis on the Strategy's three objectives: Inclusive and sustainable agriculture-led economic growth; a well-nourished population, especially among women and children; and strengthened resilience among people and systems. Dr. Brady Deaton, BIFAD Chair and Chancellor Emeritus of the University of Missouri, along with Dr. Robert Bertram, Chief Scientist, Bureau for Food Security, USAID and Dr. Saharah Moon Chapotin, Deputy Assistant Administrator, Bureau for Food Security, USAID will open the public consultation through a webinar beginning on Tuesday, April 18th at 9:00 a.m. EDT. Throughout this meeting, the Board along with staff of USAID and the broader food security community will moderate discussions and seek input from public and other stakeholders.

    A moderated discussion on research prioritization will begin on Tuesday, April 18th at 10:00 a.m. EDT. A moderated discussion on research opportunities around improved nutrition, especially among women and children, will begin on Tuesday, April 18, 2017 at 2:00 p.m. EDT and continue throughout the day. On Wednesday, April 19, 2017, at 9:00 a.m. EDT, a moderated discussion will focus on research opportunities around inclusive and sustainable agriculture-led economic growth and continue throughout the day. Facilitated discussions on Thursday, April 20, 2017, will turn to research opportunities around strengthened resilience among people and systems, beginning at 7:00 a.m. EDT and continuing through 3:30 p.m. EDT. A live audio wrap-up session will begin at 3:30 p.m. EDT on Thursday April 20, 2017 and will provide key takeaways and summary remarks from the discussion over the past three days. At 5:00 p.m. EDT on April 20, 2017, the meeting will conclude but unmoderated online discussions will be available through 5:00 p.m. EDT on Friday, April 21, 2017. The public is invited to comment at any time during these three days of moderated online discussions.

    Those wishing to participate in the meeting online should create an account with Agrilinks at https://agrilinks.org by clicking “Join Agrilinks” from the homepage. Agrilinks members can then request access to the discussion through the Agrilinks events page. Those with questions about joining the meeting online should visit the Agrilinks FAQ, which can be found at https://agrilinks.org/faq/#t4746n2100. To obtain additional information about this public meeting or BIFAD, interested parties should contact Clara Cohen, Designated Federal Officer for BIFAD in the Bureau for Food Security at USAID. Interested persons may write to her in care of the U.S. Agency for International Development, Ronald Reagan Building, Bureau for Food Security, 1300 Pennsylvania Avenue NW., Washington, DC 20523-2110 or telephone her at (202) 712-0119.

    Clara Cohen, USAID Designated Federal Officer for BIFAD, Bureau for Food Security, U.S. Agency for International Development.
    [FR Doc. 2017-06453 Filed 3-31-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 28, 2017.

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

    Comments regarding this information collection received by May 3, 2017 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

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

    Rural Housing Service

    Title: 7 CFR 1942-A, Community Facility Loans.

    OMB Control Number: 0575-0015.

    Summary of Collection: The Rural Housing Service (RHS) is a credit agency within the Rural Development mission area of the U.S. Department of Agriculture. The Community Programs Division of the RHS administers the Community Facilities program under 7 CFR part 1942, subpart A. Rural Development provides loan and grant funds through the Community Facilities program to finance many types of projects varying in size and complexity, from large general hospitals to small fire trucks. The facilities financed are designed to promote the development of rural communities by providing the infrastructure necessary to attract residents and rural jobs. RHS will collect information using multiple forms and in written format. The Rural Utilities Service (RUS) no longer uses the 1942-A regulation. The burden for RUS is now covered under 0572-0121.

    Need and Use of the Information: Information will be collected by Rural Development field offices from applicants/borrowers and consultants. The information is used to determine eligibility, project feasibility, and to ensure borrowers operate on a sound basis and use loan and grant funds for authorized purposes. Failure to collect proper information could result in improper determinations of eligibility, improper use of funds, and/or unsound loans.

    Description of Respondents: Not-for-profit institutions; State, Local or Tribal Government.

    Number of Respondents: 2,769.

    Frequency of Responses: Recordkeeping; Reporting: On occasion; Annually.

    Total Burden Hours: 48,319.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-06408 Filed 3-31-17; 8:45 am] BILLING CODE 3410-XV-P
    DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2017-0013] Codex Alimentarius Commission: Meeting of the Codex Committee on Methods of Analysis and Sampling 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), and the Food and Drug Administration (FDA), Center for Food Safety and Applied Nutrition (CFSAN) are sponsoring a public meeting on April 7, 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 38th Session of the Codex Committee on Methods of Analysis and Sampling (CCMAS) of the Codex Alimentarius Commission (Codex), taking place in Budapest, Hungary, between May 8 and 12, 2017. The Administrator and Acting Deputy Under Secretary, Office of Food Safety, Office of Food Safety and the FDA recognize the importance of providing interested parties with the opportunity to obtain background information on the 38th Session of the CCMAS and to address items on the agenda.

    DATES:

    The public meeting is scheduled for Friday, April 7, 2017, from 10:30 a.m.-12:30 p.m.

    ADDRESSES:

    The public meeting will take place at the United States Department of Agriculture (USDA), Jamie L. Whitten Building, Room 107-A, 1400 Independence Avenue SW., Washington, DC 20250. Documents related to the 38th Session of the CCMAS will be accessible via the Internet at the following address: http://www.codexalimentarius.org/meetings-reports/en/.

    Dr. Gregory O. Noonan, U.S. Delegate to the 38th Session of the CCMAS 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 38th Session of the CCMAS by conference call, please use the call-in-number 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 be held 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.

    FOR FURTHER INFORMATION CONTACT:

    For information about the 38th session of the CCMAS contact Gregory O. Noonan, Ph.D., Research Chemist, Center for Food Safety and Applied Nutrition (CFSAN), Food and Drug Administration, Harvey W. Wiley Federal Building, 5100 Paint Branch Parkway, College Park, MD 20740. Phone: (240) 402-2250, Fax: (301) 436-2634, Email: [email protected]

    For information about the public meeting contact Doreen Chen-Moulec, U.S. Codex Office, 1400 Independence Avenue SW., Room 4867, South Agriculture Building, Washington, DC 20250. Phone: (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 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 that fair practices are used in trade.

    The CCMAS is responsible for defining the criteria appropriate to Codex Methods of Analysis and Sampling; serving as a coordinating body for Codex with other international groups working in methods of analysis and sampling and quality assurance systems for laboratories; specifying, on the basis of final recommendations submitted to it by other bodies, reference methods of analysis and sampling; considering, amending, and endorsing, appropriate to Codex standards which are generally applicable to a number of foods; methods of analysis and sampling proposed by Codex (Commodity) Committees, (except that methods of analysis and sampling for residues of pesticides or veterinary drugs in food, the assessment of micro-biological quality and safety in food, and the assessment of specifications for food additives, do not fall within the terms of reference of this Committee); elaborating sampling plans and procedures; considering specific sampling and analysis problems submitted to it by the Commission or any of its Committees; and defining procedures, protocols, guidelines, or related texts for the assessment of food laboratory proficiency, as well as quality assurance systems for laboratories.

    The CCMAS is hosted by Hungary and the meeting is attended by the United States as a member country of the Codex Alimentarius.

    Issues To Be Discussed at the Public Meeting

    The following items on the Agenda for the 38th Session of the CCMAS will be discussed during the public meeting:

    • Matters Referred to the Committee by the Codex Alimentarius Commission and Other Subsidiary Bodies;

    • Endorsement of Methods of Analysis Provisions and Sampling Plans in Codex Standards;

    • Guidance on the criteria approach for methods which use a “sum of components;”

    • Criteria for endorsement of biological methods used to detect chemicals of concern;

    • Review and Update of Methods in Codex Standard 234-1999;

    • Information document on Practical Examples of the Selection of Appropriate Sampling Plans

    • Proposal to amend the guidelines on Measurement Uncertainty

    • Proposal to amend the General Guidelines on Sampling; Report of an Inter-Agency Meeting on Methods of Analysis; 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 7, 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 the U.S. Delegate for the 38th Session of the CCMAS, Gregory Noonan (see ADDRESSES). Written comments should state that they relate to activities of the 38th Session of the CCMAS.

    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).

    Dated: March 29, 2017. Mary Frances Lowe, U.S. Manager for Codex Alimentarius.
    [FR Doc. 2017-06523 Filed 3-31-17; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF AGRICULTURE Forest Service San Bernardino National Forest, California, Withdrawal of Notice of Intent To Prepare a Joint Environmental Impact Report/Environmental Impact Statement for the Proposed North-South Project EIR/EIS AGENCY:

    Forest Service, USDA.

    ACTION:

    Withdrawal of notice of intent to prepare an EIR/EIS.

    SUMMARY:

    On October 2, 2015 (Federal Register Vol. 80, No. 191, page 59728), the San Bernardino National Forest (Forest Service) gave notice that, together with the California Public Utilities Commission (CPUC), the Forest Service intended to prepare a joint Environmental Impact Report and Environmental Impact Statement (EIR/EIS) for the Southern California Gas Company (SoCalGas) and San Diego Gas and Electric (SDG&E) proposed North-South Project. The joint EIR/EIS would have met the requirements of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The CPUC denied the application on July 14, 2016 based on a lack of need for the proposed pipeline. SoCalGas withdrew their federal application on August 8, 2016 as a result of the CPUC action. Therefore, further preparation of an EIR/EIS is not necessary. The notice of intent is withdrawn and the NEPA process is hereby terminated.

    FOR FURTHER INFORMATION CONTACT:

    Jerry Sirski, Natural Resource Specialist, San Bernardino National Forest, 602 South Tippecanoe Avenue, San Bernardino, CA 92408. Telephone: (909) 382-2690. Email: [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The primary components of the Proposed Project included the construction of a 36-inch-diameter natural gas transmission pipeline and the rebuilding of the Adelanto Compressor Station. The pipeline would have been primarily constructed within existing public and private rights-of-way. The Adelanto to Moreno pipeline would have been approximately 65 miles in length and would have started at the Adelanto Compressor Station in the high desert city of Adelanto and proceeded in a southerly direction through the Cajon Pass and the San Bernardino National Forest, terminating at the Moreno Pressure Limiting Station in the City of Moreno Valley. Approximately eight miles of the proposed pipeline and associated temporary construction areas would have crossed lands subject to Forest Service jurisdiction. The balance of the alignment crossed through non-federal land in San Bernardino and Riverside Counties along public roads. The project would have needed approval by both the Forest Service and the CPUC, and the project is not viable with the CPUC decision to deny the application.

    Several agencies had agreed to be cooperating agencies for the NEPA review, including the Environmental Protection Agency, the California State Water Resources Control Board, San Bernardino County, and the Mojave Desert Air Quality Management District. Cooperative activities between the Forest Service and those agencies with respect to the proposed EIR/EIS have ended.

    Dated: March 24, 2017. Jody Noiron, Forest Supervisor, San Bernardino National Forest, USDA Forest Service.
    [FR Doc. 2017-06464 Filed 3-31-17; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-19-2017] Foreign-Trade Zone (FTZ) 7—Mayaguez, Puerto Rico, Notification of Proposed Production Activity, MSD International GMBH (Puerto Rico Branch) LLC, (Pharmaceuticals), Las Piedras, Puerto Rico

    MSD International GMBH (Puerto Rico Branch) LLC (MSD), operator of Subzone 7G, submitted a notification of proposed production activity to the FTZ Board for its facility in Las Piedras, Puerto Rico within Subzone 7G. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on March 28, 2017.

    MSD already has authority to produce certain pharmaceutical products within Subzone 7G. The current request would add a finished pharmaceutical product and a foreign status material/component to the scope of authority. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt MSD from customs duty payments on the foreign-status components used in export production. On its domestic sales, MSD would be able to choose the duty rates during customs entry procedures that apply to anacetrapib pharmaceutical tablets for treatment of cardiovascular disease (duty free) for the foreign-status material/component noted below. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

    The component/material sourced from abroad is anacetrapib (duty rate 6.5%).

    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 May 15, 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 Christopher Wedderburn at [email protected] or (202) 482-1963.

    Dated: March 29, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-06533 Filed 3-31-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (“Sunset”) Reviews AGENCY:

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

    SUMMARY:

    In accordance with section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) is automatically initiating the five-year reviews (“Sunset Reviews”) of the antidumping and countervailing duty (“AD/CVD”) order(s) listed below. The International Trade Commission (“the Commission”) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order(s).

    DATES:

    Effective April 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205-3193.

    SUPPLEMENTARY INFORMATION: Background

    The Department's procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).

    Initiation of Review

    In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty order(s):

    DOC case No. ITC case No. Country Product Department contact A-570-831 731-TA-683 PRC Fresh Garlic (4th Review) Jacqueline Arrowsmith (202) 482-5255. A-570-972 731-TA-1186 PRC Stilbenic Optical Brightening Agents (1st Review) Matthew Renkey (202) 482-2312. A-583-848 731-TA-1187 Taiwan Stilbenic Optical Brightening Agents (1st Review) Matthew Renkey (202) 482-2312. A-520-804 731-TA-1185 United Arab Emirates Steel Nails (1st Review) Matthew Renkey (202) 482-2312. Filing Information

    As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Department's regulations, the Department's schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department's Web site at the following address: “http://enforcement.trade.gov/sunset/.” All submissions in these Sunset Reviews must be filed in accordance with the Department's regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”), can be found at 19 CFR 351.303.1

    1See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.2 Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in these segments.3 The formats for the revised certifications are provided at the end of the Final Rule. The Department intends to reject factual submissions if the submitting party does not comply with the revised certification requirements.

    2See section 782(b) of the Act.

    3See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (“Final Rule”) (amending 19 CFR 351.303(g)).

    On April 10, 2013, the Department modified two regulations related to AD/CVD proceedings: the definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301).4 Parties are advised to review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these segments. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at http://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to submitting factual information in these segments.5

    4See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013).

    5See Extension of Time Limits, 78 FR 57790 (September 20, 2013).

    Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), the Department will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d)). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation.

    Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (“APO”) to file an APO application immediately following publication in the Federal Register of this notice of initiation. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306.

    Information Required From Interested Parties

    Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the order without further review.6

    6See 19 CFR 351.218(d)(1)(iii).

    If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the Commission's information requirements. Consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. Consult the Department's regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department.

    This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: March 24, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2017-06490 Filed 3-31-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-042] Stainless Steel Sheet and Strip From the People's Republic of China: Antidumping Duty Order AGENCY:

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

    SUMMARY:

    Based on the affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on stainless steel sheet and strip from the People's Republic of China.

    DATES:

    Effective April 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Kathryn Wallace; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6251.

    SUPPLEMENTARY INFORMATION: Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on February 8, 2017, the Department published its final determination in the less-than-fair-value (LTFV) investigation, including the determination of critical circumstances, with respect to imports of stainless steel sheet and strip (stainless sheet and strip) from the People's Republic of China (PRC).1 On March 24, 2017, pursuant to section 735(d) of the Act, the ITC notified the Department of its final determination that an industry in the United States is materially injured by reason of LTFV imports of subject merchandise from the PRC within the meaning of section 735(b)(1)(A)(i) of the Act, and its determination that critical circumstances do not exist with respect to imports of subject merchandise from the PRC.2

    1See Antidumping Duty Investigation of Stainless Steel Sheet and Strip from the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances 82 FR 9716 (February 8, 2017).

    2See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding stainless steel sheet and strip from the People's Republic of China (March 24, 2017). See also Stainless Steel Sheet and Strip from China, Investigation Nos. 701-TA-557 and 731-TA-1312 (Final), USITC Publication 4676 (March 2017).

    Scope of the Order

    The product covered by this order is stainless sheet and strip. For a complete description of the scope of the order, see Appendix I.

    Antidumping Duty Order

    As stated above, on March 24, 2017, in accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified the Department of its final determination in its investigation, in which it found that the industry in the United States producing stainless sheet and strip is materially injured by reason of imports of stainless sheet and strip from the PRC, and that critical circumstances do not exist with respect to imports of subject merchandise from the PRC that are subject to the Department's affirmative critical circumstances findings. Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this antidumping duty order.

    As a result of the ITC's final determination, in accordance with section 736(a) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise adjusted for certain countervailable (CVD) subsidies, for all relevant entries of stainless sheet and strip. Antidumping duties will be assessed on unliquidated entries of stainless sheet and strip from the PRC entered, or withdrawn from warehouse, for consumption on or after September 19, 2016, the date on which the Department published its preliminary less-than-fair-value determination in the Federal Register,3 but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final affirmative injury determination as further described below.

    3See Stainless Steel Sheet and Strip from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 81 FR 64135 (September 19, 2016) (AD Preliminary Determination).

    Provisional Measures

    Section 733(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of mandatory respondent, Shanxi Taigang Stainless Steel Co., Ltd. (Taigang), who accounts for a significant proportion of stainless sheet and strip from the PRC, we extended the four-month period to no more than six months in this case.4 The Department published the AD Preliminary Determination for this investigation on September 19, 2016. Therefore, the six-month period beginning on the date of publication of the preliminary determination ended on March 18, 2017. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination.

    4See Stainless Steel Sheet and Strip from the People's Republic of China: Postponement of Final Determination of Sales at Less Than Fair Value Investigation, 81 FR 72776 (October 21, 2016).

    Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of stainless sheet and strip from the PRC, entered, or withdrawn from warehouse, for consumption on or after March 18, 2017, the date the provisional measures expired, until and through the day preceding the date of the ITC's final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register.

    Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department will direct CBP to reinstitute the suspension of liquidation on all relevant entries of stainless sheet and strip from the PRC. These instructions suspending liquidation will remain in effect until further notice.

    The Department will also instruct CBP to require cash deposits equal to the amount as indicated below, which are adjusted for certain countervailable subsidies, as described below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the cash deposit rates listed below.5 The relevant PRC-wide entity rates apply to all producers or exporters not specifically listed. For the purpose of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from the PRC have been adjusted, as appropriate, for export subsidies found in the final determination of the countervailing duty investigation of this merchandise imported from the PRC.6 In addition, the estimated weighted-average dumping margins were also adjusted, where appropriate, for estimated domestic subsidy pass-through.7

    5See section 736(a)(3) of the Act.

    6See section 772(c)(1)(C) of the Act.

    7See section 777A(f) of the Act.

    Exporter Producer Weighted-
  • average
  • dumping
  • margin
  • (%)
  • Cash deposit
  • (%)
  • Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd 63.86 45.26 Zhangjiagang Pohang Stainless Steel Co., Ltd Zhangjiagang Pohang Stainless Steel Co., Ltd 63.86 45.26 PRC-Wide Entity PRC-Wide Entity 76.64 58.04
    Critical Circumstances

    With regard to the ITC's negative critical circumstances determination on imports of stainless sheet and strip from the PRC, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated antidumping duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after June 21, 2016 (i.e., 90 days prior to the date of the publication of the AD Preliminary Determination), but before September 19, 2016 (i.e., the date of publication of the AD Preliminary Determination).

    Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to stainless sheet and strip from the PRC, pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.

    This order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: March 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Attachment I—Scope of the Orders

    The merchandise covered by this order is stainless steel sheet and strip, whether in coils or straight lengths. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product with a width that is greater than 9.5 mm and with a thickness of 0.3048 mm and greater but less than 4.75 mm, and that is annealed or otherwise heat treated, and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold-rolled, annealed, tempered, polished, aluminized, coated, painted, varnished, trimmed, cut, punched, or slit, etc.) provided that it maintains the specific dimensions of sheet and strip set forth above following such processing. The products described include products regardless of shape, and include products of either rectangular or non-rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been “worked after rolling” (e.g., products which have been beveled or rounded at the edges).

    For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross-section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies.

    All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this order unless specifically excluded.

    Subject merchandise includes stainless steel sheet and strip that has been further processed in a third country, including but not limited to cold-rolling, annealing, tempering, polishing, aluminizing, coating, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the order if performed in the country of manufacture of the stainless steel sheet and strip.

    Excluded from the scope of this order are the following: (1) Sheet and strip that is not annealed or otherwise heat treated and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more); and (3) flat wire (i.e., cold-rolled sections, with a mill edge, rectangular in shape, of a width of not more than 9.5 mm).

    The products under order are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.

    [FR Doc. 2017-06488 Filed 3-31-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [Docket No.: 170328324-7324-01; A-570-053] Certain Aluminum Foil From the People's Republic of China: Notice of Initiation of Inquiry Into the Status of the People's Republic of China as a Nonmarket Economy Country Under the Antidumping and Countervailing Duty Laws AGENCY:

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

    ACTION:

    Notice of initiation and request for public comment and information.

    SUMMARY:

    As part of the less-than-fair-value investigation of certain aluminum foil from the People's Republic of China (PRC), the Department of Commerce (Department) is initiating an inquiry into whether the PRC should continue to be treated as a nonmarket economy (NME) country under the antidumping and countervailing duty laws. As part of this inquiry, the Department is seeking public comment and information with respect to the factors to be considered under the Tariff Act of 1930, as amended (the Act).

    DATES:

    To be assured of consideration, written comments and information must be received no later than May 3, 2017.

    ADDRESSES:

    You may submit comments and information by either of the following methods:

    Federal eRulemaking Portal: www.Regulations.gov. The identification number is ITA-2017-0002.

    • Postal Mail/Commercial Delivery to Leah Wils-Owens, Department of Commerce, Enforcement and Compliance, Room 3720, 1401 Constitution Avenue NW., Washington, DC and reference “Inquiry Into the Status of the People's Republic of China as a Nonmarket Economy Country Under the Antidumping and Countervailing Duty Laws, ITA-2017-0002” in the subject line.

    Instructions: You must submit comments by one of the above methods to ensure that the comments are received and considered. 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. All comments and information received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. Any comments and information must be in English or be accompanied by English translations to be considered. The Department will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/ITA-2017-0002.

    FOR FURTHER INFORMATION CONTACT:

    Albert Hsu at (202) 482-4491 or Daniel Calhoun at (202) 482-1439.

    SUPPLEMENTARY INFORMATION: Background

    Section 771(18)(A) of the Act defines the term “nonmarket economy country” as any foreign country determined by the Department not to “operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise.”

    The Department has treated the PRC as an NME country in all past antidumping duty investigations and administrative reviews. See, e.g., Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2012-2013, 79 FR 71089 (December 1, 2014), unchanged in Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 32087 (June 5, 2015); Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper Products From the People's Republic of China, 71 FR 53079 (September 8, 2006); Final Determination of Sales at Less than Fair Value: Certain Paper Clips from the People's Republic of China, 59 FR 51168 (October 7, 1994). The Department last reviewed the PRC's NME status in 2006 and determined to continue to treat the PRC as an NME country. See Memorandum for David M. Spooner, Assistant Secretary for Import Administration, “Antidumping Duty Investigation of Certain Lined Paper Products from the People's Republic of China (‘China’)—China's Status as a Non-Market Economy (‘NME’)” (August 30, 2006) (2006 PRC NME Determination), available at http://enforcement.trade.gov/download/prc-nme-status/prc-lined-paper-memo-08302006.pdf.

    Initiation of Inquiry

    As part of the less-than-fair-value investigation of certain aluminum foil from the People's Republic of China,1 and pursuant to its authority under section 771(18)(C)(ii) of the Act, which states that the Department may make a determination with respect to a country's NME status “at any time,” the Department is initiating an inquiry into the PRC's status as an NME country. The Department intends to issue its final determination regarding this review of the PRC's NME status prior to the issuance of the Department's preliminary determination in this investigation.2

    1See Certain Aluminum Foil from the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, signed March 28, 2017.

    2 Once the Department issues its final determination regarding this inquiry into the PRC's status as an NME country, the Department will consider whether to seek additional information from interested parties to the investigation for purposes of calculating normal value.

    The Department is conducting this inquiry to solicit and collect the most recent information following the December 11, 2016, change in the PRC's Protocol of Accession to the World Trade Organization. This inquiry is being conducted solely pursuant to section 771(18) of the Act. Until such time that the Department's determination of the PRC as an NME country may be revoked as set forth in section 771(18)(C)(i) of the Act, the PRC remains a nonmarket economy under the antidumping and countervailing duty laws.

    Opportunity for Public Comment and Information

    As part of this inquiry to review the PRC's NME status, the Department is interested in receiving public comment and information with respect to the PRC on the following factors enumerated by section 771(18)(B) of the Act, which the Department must take into account in making a market/nonmarket economy determination:

    (i) The extent to which the currency of the foreign country is convertible into the currency of other countries;

    (ii) the extent to which wage rates in the foreign country are determined by free bargaining between labor and management;

    (iii) the extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country;

    (iv) the extent of government ownership or control of the means of production;

    (v) the extent of government control over allocation of resources and over price and output decisions of enterprises; and

    (vi) such other factors as the administering authority considers appropriate.

    As specified above, to be assured of consideration, any comments and information must be received no later than May 3, 2017.

    This notice is issued and published pursuant to section 771(18)(C)(ii) of the Act.

    Dated: March 29, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-06535 Filed 3-31-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY:

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Background

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

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

    Respondent Selection

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

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

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

    Deadline for Withdrawal of Request for Administrative Review

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

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

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

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

    Period of review Antidumping Duty Proceedings THE PEOPLE'S REPUBLIC OF CHINA: Activated Carbon, A-570-904 4/1/16-3/31/17 Drawn Stainless Sinks, A-570-983 4/1/16-3/31/17 Magnesium Metal, A-570-896 4/1/16-3/31/17 Non-Malleable Cast Iron Pipe Fittings, A-570-875 4/1/16-3/31/17 Steel Threaded Rod, A-570-932 4/1/16-3/31/17 Countervailing Duty Proceedings THE PEOPLE'S REPUBLIC OF CHINA: Drawn Stainless Sinks C-570-984 1/1/16-12/31/16 Suspension Agreements None.

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

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

    As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), the Department clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.2

    2See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/.

    The Department no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.3 Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.4 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity).

    3See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).

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

    Following initiation of an antidumping administrative review when there is no review requested of the NME entity, the Department will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate.

    All requests must be filed electronically in Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”) on Enforcement and Compliance's ACCESS Web site at http://access.trade.gov. 5 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request.

    5See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

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

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

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

    Dated: March 24, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2017-06491 Filed 3-31-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews AGENCY:

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

    Background

    Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury.

    Upcoming Sunset Reviews for May 2017

    The following Sunset Reviews are scheduled for initiation in April 2017 and will appear in that month's Notice of Initiation of Five-Year Sunset Reviews (“Sunset Reviews”).

    Department contact Antidumping Duty Proceedings Foundry Coke from China (A-570-862) (3rd Review) Matthew Renkey, (202) 482-2312. High Pressure Steel Cylinders from China (A-570-977) (1st Review) Matthew Renkey, (202) 482-2312. Tin Mill Products from China (A-588-854) (3rd Review) Jacqueline Arrowsmith, (202) 482-5255. Countervailing Duty Proceedings High Pressure Steel Cylinders from China (C-570-978) (1st Review) Robert James, (202) 482-0649. Suspended Investigations

    No Sunset Review of suspended investigations is scheduled for initiation in May 2017.

    The Department's procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (“Sunset”) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews.

    Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation.

    Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation.

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

    Dated: March 24, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2017-06492 Filed 3-31-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-043] Stainless Steel Sheet and Strip From the People's Republic of China: Countervailing Duty Order AGENCY:

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

    SUMMARY:

    Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on stainless steel sheet and strip from the People's Republic of China.

    DATES:

    Effective April 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Spencer Toubia; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0123.

    SUPPLEMENTARY INFORMATION: Background

    In accordance with sections 705(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on February 8, 2017, the Department published its final determination in the countervailing duty investigation of stainless steel sheet and strip (stainless sheet and strip) from the People's Republic of China (PRC).1 On March 24, 2017, the ITC notified the Department of its final determination that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise from the PRC within the meaning of section 705(b)(1)(A)(i) of the Act, and its determination that critical circumstances do not exist with respect to imports of subject merchandise from the PRC.2

    1See Countervailing Duty Investigation of Stainless Steel Sheet and Strip from the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 82 FR 9714 (February 8, 2017).

    2See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding stainless steel sheet and strip from the People's Republic of China (March 24, 2017). See also Stainless Steel Sheet and Strip from China, Investigation Nos. 701-TA-557 and 731-TA-1312 (Final), USITC Publication 4676 (March 2017).

    Scope of the Order

    The product covered by this order is stainless steel sheet and strip. For a complete description of the scope of the order, see Appendix I.

    Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified the Department of its final determinations that the industry in the United States producing stainless sheet and strip is materially injured by reason of subsidized imports of stainless sheet and strip from the PRC and that critical circumstances do not exist with respect to imports of subject merchandise from the PRC that are subject to the Department's affirmative critical circumstances findings. Therefore, in accordance with section 705(c)(2) of the Act, we are publishing this countervailing duty order.

    As a result of the ITC's final determination, in accordance with section 706(a) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, countervailing duties on unliquidated entries of stainless steel sheet and strip entered, or withdrawn from warehouse, for consumption on or after July 18, 2016, the date on which the Department published its preliminary countervailing duty determination in the Federal Register, 3 and before November 14, 2016, the date on which the Department instructed CBP to discontinue the suspension of liquidation on subject merchandise from the PRC, in accordance with section 703(d) of the Act. Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of stainless sheet and strip from the PRC, made on or after November 14, 2016, and prior to the date of publication of the ITC's final determination in the Federal Register are not liable for the assessment of countervailing duties due to the Department's discontinuation, effective November 14, 2016, for stainless sheet and strip from the PRC, of the suspension of liquidation.

    3See Countervailing Duty Investigation of Stainless Steel Sheet and Strip from the People's Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 81 FR 46643 (July 18, 2016) (Preliminary Determination).

    Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will direct CBP to reinstitute the suspension of liquidation of stainless sheet and strip from the PRC, effective the date of publication of the ITC's notice of final determination in the Federal Register, and to assess, upon further instruction by the Department, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. On or after the date of publication of the ITC's final injury determination in the Federal Register, CBP must require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the rates noted below:

    Company Subsidy rate
  • (percent)
  • Shanxi Taigang Stainless Steel Co. Ltd 75.60 Ningbo Baoxin Stainless Steel Co., Ltd., Baosteel Stainless Steel Co Ltd, Baoshan Iron & Steel Co, Ltd., Baosteel Desheng Stainless Steel Co., Ltd, Baosteel Co., Ltd., Bayi Iron & Steel Co., Ltd., Ningbo Iron & Steel Co., Ltd., Shaoguan Iron & Steel Co., Ltd., Guangdong Shaoguan Iron & Steel Co., Ltd., and Zhanjiang Iron & Steel Co., Ltd 190.71 Daming International Import Export Co Ltd. and Tianjin Taigang Daming Metal Product Co., Ltd 190.71 All-Others 75.60
    Critical Circumstances

    With regard to the ITC's negative critical circumstances determination on imports of stainless sheet and strip from the PRC, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated countervailing duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after April 19, 2016 (i.e., 90 days prior to the date of the publication of the CVD Preliminary Determination), but before July 18, 2016 (i.e., the date of publication of the CVD Preliminary Determination).

    Notifications to Interested Parties

    This notice constitutes the countervailing duty order with respect to stainless sheet and strip from the PRC, pursuant to section 706(a) of the Act. Interested parties can find a list of antidumping and countervailing duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.

    This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b).

    Dated: March 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Attachment I Scope of the Order

    The merchandise covered by this order is stainless steel sheet and strip, whether in coils or straight lengths. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product with a width that is greater than 9.5 mm and with a thickness of 0.3048 mm and greater but less than 4.75 mm, and that is annealed or otherwise heat treated, and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold-rolled, annealed, tempered, polished, aluminized, coated, painted, varnished, trimmed, cut, punched, or slit, etc.) provided that it maintains the specific dimensions of sheet and strip set forth above following such processing. The products described include products regardless of shape, and include products of either rectangular or non-rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been “worked after rolling” (e.g., products which have been beveled or rounded at the edges).

    For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross-section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies.

    All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this order unless specifically excluded.

    Subject merchandise includes stainless steel sheet and strip that has been further processed in a third country, including but not limited to cold-rolling, annealing, tempering, polishing, aluminizing, coating, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the order if performed in the country of manufacture of the stainless steel sheet and strip.

    Excluded from the scope of this order are the following: (1) Sheet and strip that is not annealed or otherwise heat treated and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more); and (3) flat wire (i.e., cold-rolled sections, with a mill edge, rectangular in shape, of a width of not more than 9.5 mm).

    The products under order are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.

    [FR Doc. 2017-06489 Filed 3-31-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF322 South Atlantic Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of a public hearing.

    SUMMARY:

    The South Atlantic Fishery Management Council (Council) will hold a public hearing via webinar pertaining to Regulatory Amendment 4 to the Spiny Lobster Fishery Management Plan (FMP) for the Gulf of Mexico and South Atlantic Region. The amendment addresses updates to biological parameters for spiny lobster in the Gulf of Mexico and South Atlantic, and a prohibition on traps for recreational harvest of spiny lobster in the South Atlantic Economic Exclusive Zone (EEZ).

    DATES:

    The public hearing will be held via webinar May 9, 2017.

    ADDRESSES:

    Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Kim Iverson, Public Information Officer, SAFMC; phone: (843) 571-4366 or toll free: (866) SAFMC-10; fax: (843) 769-4520; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The public hearing will be conducted via webinar accessible via the Internet from the Council's Web site at www.safmc.net. The hearing will begin at 6 p.m. Eastern Standard Time. Registration for the webinar is required. Registration information and public hearing materials will be posted on the Council's Web site at http://safmc.net/safmc-meetings/public-hearing-and-scoping-meeting-schedule/ by April 25, 2017.

    During the webinar, Council staff will present an overview of the amendment and will be available for informal discussions and to answer questions via webinar. Members of the public will also have the opportunity to provide formal comments for consideration by the Council.

    Spiny Lobster Regulatory Amendment 4 contains actions to update management benchmarks for spiny lobster in the Gulf of Mexico and South Atlantic including the overfishing level (OFL), annual catch limit (ACL), and annual catch target (ACT) based on new scientific recommendations. The amendment also includes an action to prohibit the use of traps for recreational harvest of spiny lobster in the South Atlantic EEZ. All comments received will be provided to the South Atlantic Council and the Gulf of Mexico Council, and included in the administrative record. Written comments may also be submitted online at: http://gulfcouncil.org/council_meetings/comment_forms/Spiny%20Lobster%20Regulatory%20Amendment%204.php.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see ADDRESSES) 3 days prior to the meeting.

    Note: The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 29, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-06465 Filed 3-31-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Sea Grant College Program (NSGCP) AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

    ACTION:

    Notice of solicitation of letters of intent to apply to become the Lake Champlain Sea Grant Institutional Program.

    SUMMARY:

    The National Sea Grant College Program is requesting letters of intent from eligible applicants to become a Sea Grant Institutional Program serving the Lake Champlain Region. An Institutional Program can be defined as a program that has demonstrated competence as a Coherent Area Program (or higher status) and has broad responsibilities for the development of Sea Grant state, regional, and national activities, engaging all of the institutions of higher learning in the region. Only institutions that have been the host entity of a Sea Grant Coherent Area Program for at least three years are eligible to apply. The National Sea Grant College Act of 1976, as amended, (the “Act” hereinafter) authorizes the NOAA to designate a Sea Grant institution on the basis of merit and that such designation is consistent with the goals of the Act.

    DATES:

    Letters of intent must be received by April, 28, 2017, 5:00 p.m. EDT.

    ADDRESSES:

    Letters of intent will be accepted by email or mail. Email is preferred. Mail letters should be sent to: Attention: Lake Champlain Institutional Program, Director, National Sea Grant College Program, National Oceanic and Atmospheric Administration, 1315 East-West Highway, SSMC 3, Room 11735, Silver Spring, Maryland 20910.

    Letters may be attached to an email to [email protected] Please put “Lake Champlain Institutional Program” in the Subject line. All letters of intent will be acknowledged. If you do not receive an acknowledgement of your letter of intent within two weeks of sending it, please contact us using the information in FOR FURTHER INFORMATION CONTACT.

    FOR FURTHER INFORMATION CONTACT:

    For any additional questions concerning this solicitation, please contact Elizabeth Rohring at 301-734-1082 or by email at [email protected] Please put “Lake Champlain Institutional Status” in the subject line.

    SUPPLEMENTARY INFORMATION:

    Currently, 33 Sea Grant Programs are located in coastal and Great Lakes states. These Programs are partnerships between the Federal government and universities or other institutions with higher learning mandates, funded by Federal grants. More information about the National Sea Grant College Program can be found at http://seagrant.noaa.gov/.

    There is currently no Sea Grant Program whose main area of service is Lake Champlain that has been recognized with Institutional or College status.

    Eligibility to Apply: To be eligible to apply to this solicitation, an institution must have been the host entity of a Sea Grant Coherent Area Program for a minimum of three years. A “Coherent Area Program” is a grant-funded program selected by NOAA in order to conduct Sea Grant activities limited in geographic area and/or scope. All Coherent Area Programs are subject to Sea Grant review procedures and are periodically evaluated against Sea Grant project evaluation criteria.

    A group of institutions may together apply to this solicitation, if at least one major member of this group has been the host entity of Coherent Area Program as described above.

    A letter of intent must include:

    • A non-binding statement of intent to submit a full proposal to be considered for a Lake Champlain Institutional Sea Grant Program;

    • Identification (name, address, and type of organization) of the institution, or group of institutions, that will submit the application;

    • Affirmation that the sender of the letter is authorized to represent that institution or group in seeking designation as an Institutional Sea Grant Program;

    • Name and contact details (including email address) of the person to whom correspondence and full application information should be sent.

    Eligible applicants who submit a letter of intent will be provided a complete information package on how to prepare and submit a full application, the criteria against which the application will be evaluated (which are drawn from regulation at 15 CFR 918.3 “Eligibility, qualifications, and responsibility of a Sea Grant College”), the evaluation procedure (which may include both document review and a site visit), and the conditions on the institution or group that are associated with accepting Sea Grant Institutional Program status. Dated: March 29, 2017. Paul Johnson, Acting Deputy Chief Financial Officer/CAO, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration.
    [FR Doc. 2017-06541 Filed 3-31-17; 8:45 am] BILLING CODE 3510-KA-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF324 Western Pacific Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of public meetings and hearings.

    SUMMARY:

    The Western Pacific Fishery Management Council (Council) will convene a meeting of its Archipelagic Fishery Ecosystem Plan Team (FEP) and the Fishery Data Collection and Research Committee—Technical Committee (FDCRC-TC). The Archipelagic FEP Team will review the fishery performance, ecosystem consideration, and data integration chapter of the Stock Assessment and Fishery Evaluation (SAFE) Report for the Western Pacific region, conduct the evaluation of the 2016 catches to the 2016 Annual Catch Limits (ACL) for the coral reef, crustacean, and Territory bottomfish fisheries, review of the ecosystem component analysis, monument expansion area regulations, aquaculture, and essential fish habitat. The FDCRC-TC will review the status of the data collection improvement efforts in the Western Pacific region, identify gaps in the non-commercial data collection and conduct a writing workshop to develop the Marine Recreational Information Program—Pacific Islands Regional Implementation Plan.

    DATES:

    The Archipelagic FEP Team meeting will be held between 8:30 a.m. and 5 p.m. on April 18-19, 2017. The FDCRC-TC will be held on April 20-21, 2017. For specific times and agendas, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The FEP Team and FDCRC-TC meetings will be held at the Western Pacific Regional Fishery Management Council Conference Room, 1164 Bishop St., Suite 1400, Honolulu, HI 96813; phone: (808) 522-8220.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director, phone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    Public comment periods will be provided throughout the agendas. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Agenda for Archipelagic FEP Team Meeting 8:30 a.m.-5 p.m., Tuesday, April 18, 2017 1. Welcome and introductions 2. Approval of draft agenda, 2016 report & assignment of rapporteurs 3. Report on previous Plan Team recommendations and Council actions 4. 2017 Annual/Stock Assessment and Fishery Evaluation (SAFE) Report

    A. Fishery Performance

    1. Archipelagic fisheries modules a. American Samoa 1. Coral reef fisheries 2. Bottomfish fishery 3. Crustacean fishery 4. Precious coral fishery b. Guam 1. Coral reef fisheries 2. Bottomfish fishery 3. Crustacean fishery 4. Precious coral fishery c. CNMI 1. Coral reef fisheries 2. Bottomfish fishery 3. Crustacean fishery 4. Precious coral fishery d. Hawaii 1. Coral reef fisheries (commercial and non-commercial) 2. Bottomfish fishery 3. Crustacean fishery 4. Precious coral fishery 2. Team discussion on the species groupings for the SAFE report 3. Discussions 4. Public Comment B. Ecosystem Considerations 1. Protected species section 2. Climate, ecosystems and biological section a. Environmental and climate variables b. Life history and length-derived variables 3. Habitat section 4. Socioeconomics section 5. Marine Planning section 6. Discussions 7. Public Comment C. Administrative Reports 1. Number of federal permits 2. Regulatory actions in 2016 3. Discussions 4. Public Comment D. Data Integration Chapter 1. Report on the Data Integration Workshop 2. Archipelagic data integration analytical framework 3. Discussions 4. Public Comment 8:30 a.m.-5 p.m., Wednesday, April 19, 2017 5. Action agenda items A. Evaluating 2016 catches to its respective 2016 ACLs 1. Coral reef fisheries 2. Crustacean fisheries 3. Territory bottomfish fisheries B. Options for Ecosystem Component (EC) designation based on the EC analysis C. Monument expansion area regulations D. Aquaculture management alternatives E. Non-fishing impacts to Essential Fish Habitat (EFH) review and options for omnibus EFH refinement F. Precious corals EFH review and options for refinement G. Discussions H. Public Comment 6. Community snap-shot tool 7. Monitoring and updating priorities A. Council's 5-year research priorities—work item (process of monitoring the status of the research priorities) B. Cooperative Research priorities 8. General Discussions 9. Archipelagic Fishery Ecosystem Plan Team Recommendations 10. Other Business
    Agenda for FDCRC-TC Meeting 8:30 a.m.-5 p.m., Thursday, April 20, 2017 1. Welcome and introductions 2. Approval of draft agenda, 2016 report & assignment of rapporteurs 3. Report on previous FDCRC-TC recommendations and Council actions 4. Status of the fishery dependent data collection improvement efforts A. American Samoa B. Guam C. CNMI D. Hawaii E. Marine Recreational Information Program (MRIP) and Territory Science Initiative (TSI) Projects F. Western Pacific Fishery Information Network (WPacFIN) Database Transition and Online Interface G. Discussions H. Public Comment 5. Status of the ecosystem monitoring and research A. Pacific Island Fisheries Research Program B. Life history research C. Hawaii ecosystem research D. Socio-economics E. Guam ecosystem research F. Discussions G. Public Comment 6. MRIP Updates A. MRIP overview B. MRIP National Academy of Science Review C. MRIP Strategic Plan D. MRIP Regional Implementation Plan 1. Discussion on status of current data collection 2. Discussion on gaps and need E. Discussions F. Public Comment 7. General Discussions 8. FDCRC-TC Recommendations 9. Other Business 8:30 a.m.-12 p.m. Friday, April 21, 2017 10. MRIP Regional Implementation Plan Writing Workshop (sub-group of the FDCRC-Tech Committee only) A. Instruction for drafting the implementation plan B. Overview of available text from WPacFIN C. Drafting of Territory Sections of the Regional Implementation Plan Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 28, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-06410 Filed 3-31-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Nautical Discrepancy Reporting System.

    OMB Control Number: 0648-0007.

    Form Number(s): None.

    Type of Request: Regular (extension of a currently approved information collection).

    Number of Respondents: 300.

    Average Hours per Response: 30 minutes.

    Burden Hours: 150.

    Needs and Uses: This request is for extension of a currently approved information collection.

    National Oceanic and Atmospheric Administration (NOAA) Office of Coast Survey is the nation's nautical chartmaker, maintaining and updating over a thousand charts covering the 3.5 million square nautical miles of coastal waters in the U.S. Exclusive Economic Zone and the Great Lakes. Coast Survey also writes and publishes the United States Coast Pilot®, a series of nine nautical books that supplement nautical charts with essential marine information that cannot be shown graphically on the charts and are not readily available elsewhere.

    Coast Survey solicits information through the online Nautical Discrepancy Reporting System (http://ocsdata.ncd.noaa.gov/idrs/discrepancy.aspx).

    Data obtained through this system is used to update U.S. nautical charts and the United States Coast Pilot.

    Affected Public: Business or other for-profit; individuals or households; not-for-profit institutions; federal government; state, local or tribal government.

    Frequency: On occasion.

    Respondent's Obligation: Voluntary.

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

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: March 28, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-06438 Filed 3-31-17; 8:45 am] BILLING CODE 3510-JE-P
    DEPARTMENT OF DEFENSE Department of the Army Open Season Announcement for the Defense Personal Property Program (DP3) AGENCY:

    Department of the Army, DOD.

    ACTION:

    Solicitation of applications.

    SUMMARY:

    The Military Surface Deployment and Distribution Command (SDDC) will officially have an Open Season thru April 25, 2017. New entrants will be sought for Hawaii and certain Interstate channel combinations where origins/destinations have demonstrated shortage of capacity as determined by SDDC and the Military Services.

    ADDRESSES:

    Submit applications no later than April 25, 2017 to Military Surface Deployment and Distribution Command at [email protected] Application forms will be available from this office or on our Web site listed below. Applications will also be accepted by mail at Military Surface Deployment and Distribution Command, ATTN: AMSSD-PP, 1 Soldier Way, Scott AFB, IL 62225-5006.

    FOR FURTHER INFORMATION CONTACT:

    PP Operational and Quality Support Team, [email protected], (618) 220-6789, (618) 220-5775, (618) 220-5407.

    SUPPLEMENTARY INFORMATION:

    Transportation Service Providers (TSPs) interested in applying during this open season must comply with the following:

    (1) TSPs must meet all requirements set forth in SDDC Regulation 55-4, Transportation Service Provider Qualifications.

    Additional requirements:

    (2) New entrant applications will be accepted for the following Interstate origin rate areas: District of Columbia, Virginia, Maryland, Oregon, Arizona, Georgia, South Carolina, New Mexico, Montana, North Dakota, South Dakota, Wyoming, Kansas, Oklahoma, Missouri, North Carolina. Accepted new entrants will be able to file rates from the Origin Rate Areas identified above to all Regions (224 of 833 channels).

    (3) New entrant applications will be accepted for the International origin rate area of Hawaii. Accepted new entrants will be able to file rates from Hawaii to ALL channels in all codes of service.

    (4) Currently approved TSP's will be able to expand their current scope to only the Interstate/International channel combinations as stated above.

    (5) New entrant applicants must declare domestic and/or international Common Financial and/or Administrative Control (CFAC) with any current DP3 TSP or potential new entrant. TSPs declaring CFAC cannot compete in the same rate channel in the same code of service in either the domestic or international markets.

    (6) New entrant applicants must be a Motor Carrier if applying for the Interstate market or Freight Forwarders if applying for Hawaii.

    (7) New entrant applicants must have a suitable warehouse (not shared with a TSP currently in the program) and equipment in-rate area/bordering rate area. See Appendix D of the DTR Part IV for general guidelines.

    (8) New entrant applicants will serve a probationary period of three years and may be granted authority to file for additional channels within the Interstate market within 3 years of entry into the DP3 program upon SDDC approval. The intent is for SDDC to progressively transition a successful new entrant into an unrestricted interstate participant within 3 years of program entry, subject to any other existing program rules and requirements.

    (9) Change of Ownership novation's for New Entrants will not be accepted, reviewed or approved for New Entrant's within the first 3 years of entry.

    (10) New entrants must perform the following at the offices of the TSP independent of any other person, firm, or corporation: (1) Shipment management; (2) coordinating operational functions. Only outsourcing of claims and invoicing is permitted.

    (11) TSPs disqualified, revoked or that have voluntary withdrawn from the DP3 program prior to July 20, 2015 may apply as new entrants and will be assessed on a “Case by Case” and upon the discretion of SDDC.

    References: SDDC Regulation 55-4; Defense Transportation Regulation Part IV Appendix D.

    Miscellaneous: This announcement can be accessed via the SDDC Web site at: http://www.sddc.army.mil/.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2017-06459 Filed 3-31-17; 8:45 am] BILLING CODE 5001-03-P
    DEPARTMENT OF DEFENSE Department of the Navy Meeting of the Board of Advisors (BOA) to the President of the Naval Postgraduate School (NPS) Subcommittee AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    Pursuant to the provisions of The Federal Advisory Committee Act, notice is hereby given that the following meeting of the Board of Advisors to the President of the Naval Postgraduate School Subcommittee will be held. This meeting will be open to the public.

    DATES:

    The meeting will be held on Wednesday, April 26, 2017, from 8:00 a.m. to 4:30 p.m. and on Thursday, April 27, 2017, from 7:30 a.m. to 11:00 p.m. Pacific Time Zone.

    ADDRESSES:

    The meeting will be held at the Naval Postgraduate School, Executive Briefing Center, Herrmann Hall, 1 University Circle, Monterey, CA.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Jaye Panza, Designated Federal Official, 1 University Circle, Monterey, CA 93943-5001, telephone number 831-656-2514.

    SUPPLEMENTARY INFORMATION:

    The purpose of the Board is to advise and assist the President, NPS, in educational and support areas, providing independent advice and recommendations on items such as, but not limited to, organizational management, curricula, methods of instruction, facilities, and other matters of interest.

    The agenda for Wednesday is as follows:

    8:00 a.m.-8:30 a.m.: Welcome/Administrative Business 8:30 a.m.-8:45 a.m.: Annual Ethics Training 8:45 a.m.-9:45 a.m.: President's Update 9:45 a.m.-10:15 a.m.: Strategic Plan Discussion 10:15 a.m.-10:30 a.m.: AFIT Partnership Update 10:45 a.m.-11:45 a.m.: Round Table Discussion with Deans 12:00 p.m.-1:00 p.m.: Meet with Students 1:15 p.m.-3:45 p.m.: Campus Tour Classroom/Labs 3:45 p.m.-4:15 p.m.: NPS Foundation Update The agenda for Thursday is as follows: 7:30 a.m.-8:30 a.m.: Meet with Faculty 8:45 a.m.-9:15 a.m.: Facilities Update 9:15 a.m.-11:00 a.m.: Board Discussion 11:00 a.m.: Meeting Adjourned

    Individuals without a DoD Government Common Access Card require an escort at the meeting location. For access, information, or to send written statements for consideration at the committee meeting contact Ms. Jaye Panza, Designated Federal Officer, Naval Postgraduate School, 1 University Circle, Code 00H, Monterey, CA 93943-5001 or by fax (831) 656-2337 by April 21, 2017.

    Dated: March 22, 2017. A.M. Nichols, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2017-06458 Filed 3-31-17; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Intent To Grant Exclusive Patent License; Epitracker, Inc. AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Navy hereby gives notice of its intent to grant to Epitracker, Inc. a revocable, nonassignable, exclusive license to practice the Government-Owned inventions described in the following U.S. Patent Applications: U.S. Patent Application No. 14/591660 (Navy Case No. 103395; U.S. Patent No. 9561206) titled “Use of Heptadecanoic Acid (C17:0) to Detect Risk of and Treat Hyperferritinemia and Metabolic Syndrome”; U.S. Patent Application No. 14/980304 (Navy Case No. 103856) titled “Heptadecanoic Acid Supplement to Human Diet”; U.S. Patent Application No. 14/980695 (Navy Case No. 103854) titled “Method for Detecting Risk Factor for Metabolic Syndrome or Hyperferritinemia”; U.S. Patent Application No. 14/981130 (Navy Case No. 103855) titled “Method for Treating Metabolic Syndrome”; U.S. Patent Application No. 15/030031 (Navy Case No. 105202) titled “Compositions and methods for diagnosis and treatment of metabolic syndrome”; U.S. Patent Application No. 15/393771 (Navy Case No. 104602) titled “Compositions and methods for diagnosis and treatment of anemia”; and U.S. Patent Application No. 15/393799 (Navy Case No. 105245) titled “Compositions and methods for diagnosis and treatment of inflammation”; as well as any patent issuing thereon, any corresponding foreign patent applications and any foreign patent issuing thereon, and any re-issue, substitution, continuation (but not a continuation-in-part), or division thereof (to the extent that the inventions in the applications are claimed in the parent application on the effective date of the license.)

    DATES:

    Anyone wishing to object to the grant of this license has fifteen (15) days from the publication date of this notice to file written objections along with supporting evidence, if any.

    ADDRESSES:

    Written objections are to be filed with the Office of Research and Technology Applications, Space and Naval Warfare Systems Center Pacific, Code 72120, 53560 Hull St., Bldg. A33, Room 2531, San Diego, CA 92152-5001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Paul Herbert, Office of Research and Technology Applications, Space and Naval Warfare Systems Center Pacific, Code 72120, 53560 Hull St., Bldg. A33, Room 2308, San Diego, CA 92152-5001, telephone 619-553-5118, or [email protected]

    Authority:

    35 U.S.C. 209(e), 37 CFR part 404.7

    Dated: March 27, 2017. A.M. Nichols, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2017-06454 Filed 3-31-17; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2017-ICCD-0042] Agency Information Collection Activities; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery AGENCY:

    Office of Management (OM), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before June 2, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-0042. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 224-82, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Stephanie Valentine, 202-401-0526.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.

    OMB Control Number: 1880-0542.

    Type of Review: An extension of an existing information collection.

    Respondents/Affected Public: Individuals or Households.

    Total Estimated Number of Annual Responses: 450,000.

    Total Estimated Number of Annual Burden Hours: 225,000.

    Abstract: This collection of information is necessary to enable the Agency to garner customer and stakeholder feedback in an efficient, timely manner in accordance with our commitment to improving service delivery. The information collected from our customers and stakeholders will help ensure that users have an effective, efficient, and satisfying experience with the Agency's programs.

    Dated: March 29, 2017. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-06462 Filed 3-31-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Orders Granting Authority To Import and Export Natural Gas, To Import and Export Liquefied Natural Gas, Amending Authority, Vacating Authority, Request for Rehearing and Motion for Leave To Answer, and Errata During January 2017 FE Docket No. Engie Gas & LNG LLC (formerly GDF Suez Gas NA LLC) 95-100-LNG
  • 09-135-LNG
  • 15-69-LNG
  • Small Ventures U.S.A., L.L.C 01-54-LNG Gasfin Development USA, LLC 13-06-LNG SV Global LNG Trading Company, LLC 15-85-LNG Blue Roads Solutions, LLC 16-173-NG J.D. Irving Limited 16-182-NG Sabine Pass Liquefaction, LLC 16-197-LNG Active Energy INC 16-178-NG Altagas LTD 16-192-NG Royal Bank of Canada 16-194-NG Gas Natural Puerto Rico, INC 16-196-LNG Techgen S.A. DE C.V 16-195-NG Alaska Pipeline Company 16-190-NG Hartree Partners, LP 16-198-NG Puget Sound Energy, INC 16-187-LNG Advance Energy LNG 16-193-NG Dominion Cove Point LNG, LP 16-191-LNG Plum Energy LLC 16-201-LNG Fortisbc Energy INC 16-200-NG Gas Natural Aprovisionamientos SDG, S.A 16-199-LNG Total Gas & Power North America, INC 16-204-NG Sequent Energy Canada Corp 16-203-NG Enhanced Energy Services of America, LLC 16-202-NG The Brooklyn Union Gas Company d/b/a National Grid NY 16-153-NG Magnolia LNG, LLC 13-132-LNG
    AGENCY:

    Office of Fossil Energy, Department of Energy.

    ACTION:

    Notice of orders.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy gives notice that during January 2017, it issued orders granting authority to import and export natural gas, to import and export liquefied natural gas (LNG), amending authority, vacating authority, Request for Rehearing and Motion for Leave to Answer, and Errata. These orders are summarized in the attached appendix and may be found on the FE Web site at http://energy.gov/fe/listing-doefe-authorizationsorders-issued-2017.

    They are also available for inspection and copying in the U.S. Department of Energy (FE-34), Division of Natural Gas Regulation, Office of Regulation and International Engagement, Office of Fossil Energy, Docket Room 3E-033, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9478. The Docket Room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays.

    Issued in Washington, DC, on February 23, 2017. John A. Anderson, Director, Office of Regulation and International Engagement, Office of Oil and Natural Gas. APPENDIX DOE/FE Orders Granting Import/Export Authorizations 1115-B; 2752-A; 3647-A 01/17/17 95-100-LNG; 09-135-LNG; 15-69-LNG Engie Gas & LNG LLC (formerly GDF SUEZ Gas NA LLC) Orders 1115-B, 2752-A and 3647-A amending authorities to import LNG to reflect name change. 1718-A 01/17/17 01-54-LNG Small Ventures U.S.A., L.L.C Order 1718-A vacating blanket authority to import natural gas from Canada. 3253-A 01/05/17 13-06-LNG Gasfin Development USA, LLC Order 3253-A vacating Long-term, Multi-contract authority to export LNG by vessel to Free Trade Agreement Nations. 3666-A 01/17/17 15-85-LNG SV Global LNG Trading Company, LLC Order 3666-A vacating blanket authority to import LNG from various international sources by vessel. 3942 01/17/17 16-173-NG Blue Roads Solutions, LLC Order 3942 granting blanket authority to export LNG to import/export LNG from/to Canada/Mexico by truck. 3959 01/04/17 16-182-NG J.D. Irving Limited Order 3959 granting blanket authority to import/export natural gas from/to Canada. 3960 01/04/17 16-197-LNG Sabine Pass Liquefaction, LLC Order 3960 granting blanket authority to import LNG from various international sources by vessel. 3961 01/04/17 16-178-NG Active Energy Inc Order 3961 granting blanket authority to export natural gas to Canada. 3962 01/04/17 16-192-NG AltaGas Ltd Order 3962 granting blanket authority to import/export natural gas from/to Canada. 3963 01/04/17 16-194-NG Royal Bank of Canada Order 3963 granting blanket authority to import/export natural gas from/to Canada. 3964 01/04/17 16-196-LNG Gas Natural Puerto Rico, Inc Order 3964 granting blanket authority to import LNG from various international sources by vessel. 3965 01/04/17 16-195-NG Techgen S.A. de C.V Order 3965 granting blanket authority to export natural gas to Mexico. 3966 01/04/17 16-190-NG Alaska Pipeline Company Order 3966 granting blanket authority to import natural gas from Canada. 3967 01/04/17 16-198-NG Hartree Partners, LP Order 3967 granting blanket authority to import/export natural gas from/to Canada. 3969 01/17/17 16-187-LNG Puget Sound Energy, Inc Order 3969 granting blanket authority import LNG from Canada by truck. 3970 01/17/17 16-193-NG Advance Energy LNG Order 3970 granting blanket authority to import/export natural gas from/to Canada/Mexico, and to import LNG from various international sources by vessel. 3971 01/17/17 16-191-LNG Dominion Cove Point LNG, LP Order 3971 granting blanket authority to import LNG from various international sources by vessel. 3972 01/17/17 16-201-LNG Plum Energy LLC Order 3972 granting blanket authority to import LNG from Canada by truck and export LNG to Canada/Mexico by truck. 3973 01/17/17 16-200-NG FortisBC Energy, Inc Order 3973 granting blanket authority to import LNG from various international sources by vessel. 3974 01/17/17 16-199-LNG Gas Natural Aprovisionamientos SDG, S.A. Order 3932 granting blanket authority to import/export natural gas from/to Canada. 3975 01/17/17 16-204-NG Total Gas & Power North America, Inc Order 3975 granting blanket authority to import/export natural gas from/to Canada/Mexico, and to import LNG from various international sources by vessel. 3976 01/17/17 16-203-NG Sequent Energy Canada Corp Order 3976 granting blanket authority to import/export natural gas from/to Canada. 3977 01/17/17 16-202-NG Enhanced Energy Services of America, LLC Order 3977 granting blanket authority to import natural gas to Canada. Errata 01/04/17 16-153-NG The Brooklyn Union Gas Company d/b/a National Grid NY Order 3932 Errata Notice. Tolling Order 01/27/17 13-132-LNG Magnolia LNG, LLC Order granting Request for Rehearing and Motion for Leave to Answer for the purpose of further consideration.
    [FR Doc. 2017-06544 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Proposed Subsequent Arrangement AGENCY:

    Office of Nonproliferation and Arms Control, Department of Energy.

    ACTION:

    Proposed subsequent arrangement.

    SUMMARY:

    This document is being issued under the authority of the Atomic Energy Act of 1954, as amended. The Department is providing notice of a proposed subsequent arrangement under the Agreement for Cooperation Between the Government of the United States of America and the Government of Japan Concerning Peaceful Uses of Nuclear Energy.

    DATES:

    This subsequent arrangement will take effect no sooner than April 18, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Richard S. Goorevich, Office of Nonproliferation and Arms Control, National Nuclear Security Administration, Department of Energy. Telephone: 202-586-0589 or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposed subsequent arrangement concerns the addition of Kazakhstan to the List of Agreed Countries pursuant to sub-paragraph (b) of paragraph 1 of Article 1 of the Implementing Agreement Between the Government of the United States of America and the Government of Japan pursuant to Article 11 of their Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy. Pursuant to Article 4 of the Agreement for Cooperation and Article 1 of the Implementing Agreement thereto, countries on the list are eligible to receive retransfers of unirradiated source material and low enriched uranium, so long as the purpose of the retransfer is not for the production of high enriched uranium. The United States has an Agreement for Cooperation in the Peaceful Uses of Nuclear Energy, under the authority of section 123 of the Atomic Energy Act of 1954, as amended, in force with Kazakhstan.

    In accordance with section 131a. of the Atomic Energy Act of 1954, as amended, it has been determined that this proposed subsequent arrangement will not be inimical to the common defense and security of the United States of America.

    Dated: February 6, 2017.

    For the Department of Energy.

    David G. Huizenga, Acting Deputy Administrator, Defense Nuclear Nonproliferation.
    [FR Doc. 2017-06498 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Paducah AGENCY:

    Department of Energy (DOE).

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Thursday, April 20, 2017, 6:00 p.m.

    ADDRESSES:

    Barkley Centre, 111 Memorial Drive, Paducah, Kentucky 42001.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Woodard, Deputy Designated Federal Officer, Department of Energy Paducah Site Office, Post Office Box 1410, MS-103, Paducah, Kentucky 42001, (270) 441-6825.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management and related activities.

    Tentative Agenda:

    • Call to Order, Introductions, Review of Agenda • Administrative Issues • Public Comments (15 minutes) • Adjourn Breaks Taken As Appropriate

    Public Participation: The EM SSAB, Paducah, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Jennifer Woodard as soon as possible in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Jennifer Woodard at the telephone number listed above. Requests must be received as soon as possible prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. The EM SSAB, Paducah, will hear public comments pertaining to its scope (clean-up standards and environmental restoration; waste management and disposition; stabilization and disposition of non-stockpile nuclear materials; excess facilities; future land use and long-term stewardship; risk assessment and management; and clean-up science and technology activities). Comments outside of the scope may be submitted via written statement as directed above.

    Minutes: Minutes will be available by writing or calling Jennifer Woodard at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.pgdpcab.energy.gov/2017_meetings.htm.

    Issued at Washington, DC, on March 28, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-06514 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Northern New Mexico AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a combined meeting of the Environmental Monitoring and Remediation Committee and Waste Management Committee of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico (known locally as the Northern New Mexico Citizens' Advisory Board [NNMCAB]). The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, April 19, 2017, 1:00 p.m.-4:00 p.m.

    ADDRESSES:

    NNMCAB Office, 94 Cities of Gold Road, Pojoaque, NM 87506.

    FOR FURTHER INFORMATION CONTACT:

    Menice Santistevan, Northern New Mexico Citizens' Advisory Board, 94 Cities of Gold Road, Santa Fe, NM 87506. Phone (505) 995-0393; Fax (505) 989-1752 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Purpose of the Environmental Monitoring and Remediation Committee (EM&R): The EM&R Committee provides a citizens' perspective to NNMCAB on current and future environmental remediation activities resulting from historical Los Alamos National Laboratory (LANL) operations and, in particular, issues pertaining to groundwater, surface water and work required under the New Mexico Environment Department Order on Consent. The EM&R Committee will keep abreast of DOE-EM and site programs and plans. The committee will work with the NNMCAB to provide assistance in determining priorities and the best use of limited funds and time. Formal recommendations will be proposed when needed and, after consideration and approval by the full NNMCAB, may be sent to DOE-EM for action.

    Purpose of the Waste Management (WM) Committee: The WM Committee reviews policies, practices and procedures, existing and proposed, so as to provide recommendations, advice, suggestions and opinions to the NNMCAB regarding waste management operations at the Los Alamos site.

    Tentative Agenda • Call to Order and Introductions • Approval of Agenda • Old Business ○ Mid-year Review of Committee Work Plans • New Business • Update from NNMCAB Co-Deputy Designated Federal Officers • Public Comment Period • Presentation by DOE-EM • Update on Budget and Priorities from DOE-EM • Adjourn

    Public Participation: The NNMCAB's Committees welcome the attendance of the public at their combined committee meeting and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Menice Santistevan at least seven days in advance of the meeting at the telephone number listed above. Written statements may be filed with the Committees either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Menice Santistevan at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Menice Santistevan at the address or phone number listed above. Minutes and other Board documents are on the Internet at: http://energy.gov/em/nnmcab/northern-new-mexico-citizens-advisory-board.

    Issued at Washington, DC, on March 28, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-06513 Filed 3-31-17; 8:45 am] BILLING CODE 6405-01-P
    DEPARTMENT OF ENERGY Notice of Intent to Grant Exclusive License AGENCY:

    Office of the General Counsel, Department of Energy.

    ACTION:

    Notice of intent to grant exclusive patent license.

    SUMMARY:

    The Department of Energy (DOE) hereby gives notice that DOE intends to grant an exclusive license to practice the inventions described and claimed in U.S. Patent Number 7,531,808, titled “Method for the Depth Connected Detection of Ionizing Events from a Co-Planar Grids Sensor” to Brookhaven Science Associates, LLC., having its principal place of business at Upton, New York. The patent is owned by the United States of America, as represented by DOE. The prospective exclusive license complies with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.

    DATES:

    Written comments, objections, or nonexclusive license applications must be received at the address listed no later than April 18, 2017.

    ADDRESSES:

    Comments, applications for nonexclusive licenses, or objections relating to the prospective exclusive license should be submitted to the Office of the Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, Room 6F-067, 1000 Independence Ave. SW., Washington, DC 20585.

    FOR FURTHER INFORMATION CONTACT:

    Marianne Lynch, Office of the Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, Room 6F-067, 1000 Independence Ave. SW., Washington, DC 20585; Email: [email protected]; and Phone: (202) 586-3815.

    SUPPLEMENTARY INFORMATION:

    35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i) give DOE the authority to grant exclusive or partially exclusive licenses in federally-owned inventions where a determination is made, among other things, that the desired practical application of the invention has not been achieved, or is not likely to be achieved expeditiously, under a nonexclusive license. The statute and implementing regulations (37 CFR 404) require that the necessary determinations be made after public notice and opportunity for filing written comments and objections.

    Brookhaven Science Associates has applied for an exclusive license to practice the inventions embodied in the patent and has plans for commercialization of the invention.

    Within 15 days of publication of this notice, any person may submit in writing to DOE's General Counsel for Intellectual Property and Technology Transfer Office (see contact information), either of the following, together with supporting documents:

    (i) A statement setting forth reasons why it would not be in the best interest of the United States to grant the proposed license; or (ii) An application for a nonexclusive license to the invention, in which applicant states that it already has brought the invention to practical application or is likely to bring the invention to practical application expeditiously.

    The proposed license would be exclusive, subject to a license and other rights retained by the United States, and subject to a negotiated royalty. DOE will review all timely written responses to this notice, and will grant the licenses if, after expiration of the 15-day notice period, and after consideration of any written responses to this notice, a determination is made in accordance with 35 U.S.C. 209(c) that the licenses are in the public interest.

    Brian Lally, Assistant General Counsel for Technology Transfer and Intellectual Property.
    [FR Doc. 2017-06477 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY [OE Docket Nos. PP-423, PP-424 and PP-425] Notice of Issuance of Presidential Permits AGENCY:

    Office of Electricity Delivery and Energy Reliability, DOE.

    ACTION:

    Notice of Issuance.

    SUMMARY:

    On February 13, 2017, the Department of Energy (DOE) Office of Electricity Delivery and Energy Reliability issued Presidential permits PP-423, PP-424, and PP-425 to AEP Texas Inc., transferring the authorizations in PP-94, PP-210, and PP-317 to a new corporate entity.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Lawrence (Program Office) at 202-586-5260, or by email to [email protected], or Katherine Konieczny (Program Attorney) at 202-586-0503.

    SUPPLEMENTARY INFORMATION:

    AEP Texas Central Company (AEP TCC) and AEP Utilities, Inc. (AEP Utilities) filed joint applications to voluntarily transfer the facilities authorized by Presidential permit Nos. PP-94, PP-219, and PP-317 to AEP Texas Inc. on July 20, 2016. The applications requested that the Department of Energy (DOE) rescind the Presidential permits held by AEP TCC and simultaneously issue permits to AEP Texas Inc., the new name of AEP Utilities, covering the same international transmission facilities from the previous permits. DOE issued the new Presidential permits on February 13, 2017.

    DOE deemed the rescission and reissuance of these permits to be primarily clerical in nature because the facilities at issue already exist and there will be no physical or operational changes to the facilities. The prior permit holder is a direct, wholly-owned subsidiary of the current entity that will own and operate the facilities after a corporate reorganization. There will be no change in ultimate control of the facilities; they will be owned and operated by a different entity in the same chain of ownership of the facilities.

    Prior to issuing any new Presidential permit, however, DOE must obtain concurrence from the Departments of State and Defense pursuant to Executive Order 10485, as amended by Executive Order 12038. DOE obtained such concurrence from the Department of State and the Department of Defense on December 28, 2016 and January 18, 2017, respectively, for the issuances of PP-423, PP-424 and PP-425.

    Issued in Washington, DC, on February 13, 2017. Christopher A. Lawrence, Electricity Policy Analyst, Office of Electricity Delivery and Energy Reliability.
    [FR Doc. 2017-06480 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Proposed Subsequent Arrangement AGENCY:

    Office of Nonproliferation and Arms Control, Department of Energy.

    ACTION:

    Proposed subsequent arrangement.

    SUMMARY:

    This document is being issued under the authority of the Atomic Energy Act of 1954, as amended. The Department is providing notice of a proposed subsequent arrangement under the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy between the United States and the European Atomic Energy Community (Euratom).

    DATES:

    This subsequent arrangement will take effect no sooner than April 18, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Richard Goorevich, Office of Nonproliferation and Arms Control, National Nuclear Security Administration, Department of Energy. Telephone: 202-586-0589 or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This subsequent arrangement concerns the change of end use and alteration in form and content of 3.510 kg of U.S.-obligated high enriched uranium (HEU), 3.264 kg of which is in the isotope of U-235 (~93.00 percent enrichment). This material was among the 93.5 kg of HEU, 87.3 kg of which was in the isotope of U-235 (93.35 percent enrichment), which was exported, pursuant to export license XSNM3622, to Compagnie pour l'Etude et la Réalisation de Combustibles Atomiques (CERCA), Romans, France to be manufactured into fuel for the BR2 research and isotope production reactor in Belgium. The remaining HEU that is at CERCA, currently in the form of U-metal (1.410 kg UTot) and UAlx-powder (2.10 kg U UTot), will be fabricated into HEU targets (dispersion UAlx-Al, annular geometry) for commercial production of medical radioisotopes. The targets will be irradiated in BR2 (Belgium), High Flux Reactor (The Netherlands), LVR-15 (Czech Republic) and Maria (Poland) research reactors. The irradiated targets will be transferred to the Institute for Radioelements facility in Belgium where Molybdenum-99 and other isotopes will be extracted.

    In accordance with section 131a. of the Atomic Energy Act of 1954, as amended, it has been determined that this subsequent arrangement concerning the change of end use and alternation in form or content of U.S. obligated nuclear material will not be inimical to the common defense and security of the United States of America.

    Dated: March 21, 2017.

    For the Department of Energy.

    David Huizenga, Acting Deputy Administrator, Defense Nuclear Nonproliferation.
    [FR Doc. 2017-06543 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY [OE Docket No. PP-435] Application for Presidential Permit; Houlton Water Company AGENCY:

    Office of Electricity Delivery and Energy Reliability, DOE.

    ACTION:

    Notice of application.

    SUMMARY:

    Houlton Water Company (Houlton) has applied for a Presidential permit to construct, operate, maintain, and connect an electric transmission line across the United States border with Canada.

    DATES:

    Comments or motions to intervene must be submitted on or before May 3, 2017.

    ADDRESSES:

    Comments or motions to intervene should be addressed as follows: Office of Electricity Delivery and Energy Reliability (OE-20), U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Lawrence (Program Office) at 202-586-5260 or via electronic mail at [email protected], Rishi Garg (Program Attorney) at 202-586-0258.

    SUPPLEMENTARY INFORMATION:

    The construction, operation, maintenance, and connection of facilities at the international border of the United States for the transmission of electric energy between the United States and a foreign country is prohibited in the absence of a Presidential permit issued pursuant to Executive Order (E.O.) 10485, as amended by E.O. 12038.

    On January 13, 2017, Houlton filed an application with the Office of Electricity Delivery and Energy Reliability of the Department of Energy (DOE) for a Presidential permit. Houlton Water Company has its principal place of business in Houlton, Maine. Houlton Water Company is the municipal utility owned by the Town of Houlton, Maine.

    Houlton proposes to construct and operate the U.S. portion of the Houlton/New Brunswick Power Interconnection (the Project). In total, the project would be an approximately 11.8 mile overhead transmission system originating at the Woodstock, New Brunswick substation in Canada and terminate in the town of Houlton, Maine. From the Woodstock Substation, a 69kV transmission line would run approximately 9.3 miles to a new substation near the Canadian/U.S. border in Canada. From that substation, a 38kV line would run less than a mile to the U.S. border. From there a 1.5 mile, 38kV transmission line would extend from the U.S. border to connect into the Houlton, Maine electric distribution system.

    The U.S. portion of the proposed project would cross the U.S.-Canada border near 67 degrees—46 min—52.48 sec W.; and 46 degrees—7 min—58.16 sec N.

    The Project will be operated in accordance with mandatory reliability standards enforced by the North American Electric Reliability Corporation (NERC).

    Since the restructuring of the electric industry began, resulting in the introduction of different types of competitive entities into the marketplace, DOE has consistently expressed its policy that cross-border trade in electric energy should be subject to the same principles of comparable open access and non-discrimination that apply to transmission in interstate commerce. DOE has stated that policy in export authorizations granted to entities requesting authority to export over international transmission facilities. Specifically, DOE expects transmitting utilities owning border facilities to provide access across the border in accordance with the principles of comparable open access and non-discrimination contained in the Federal Power Act and articulated in Federal Energy Regulatory Commission (FERC) Order No. 888 (Promoting Wholesale Competition Through Open Access Non-Discriminatory Transmission Services by Public Utilities; FERC Stats. & Regs. ¶31,036 (1996)), as amended.

    Procedural Matters: Any person may comment on this application by filing such comment at the address provided above. Any person seeking to become a party to this proceeding must file a motion to intervene at the address provided above in accordance with Rule 214 of FERC's Rules of Practice and Procedure (18 CFR 385.214). Two copies of each comment or motion to intervene should be filed with DOE on or before the date listed above.

    Additional copies of such motions to intervene also should be filed directly with: John Clark, General Manager, Houlton Water Company, 21 Bangor Street, Houlton, ME 04730 AND Greg Sherman, Assistant General Manager, Houlton Water Company, 21 Bangor Street, Houlton, ME 04730 AND Greg Williams, Temco Legal, LLC, 5060 Amesbury Drive, Columbia, MD 21044.

    Before a Presidential permit may be issued or amended, DOE must determine that the proposed action is in the public interest. In making that determination, DOE considers the environmental impacts of the proposed project pursuant to the National Environmental Policy Act of 1969, determines the project's impact on electric reliability by ascertaining whether the proposed project would adversely affect the operation of the U.S. electric power supply system under normal and contingency conditions, and any other factors that DOE may also consider relevant to the public interest. Also, DOE must obtain the concurrences of the Secretary of State and the Secretary of Defense before taking final action on a Presidential permit application.

    Copies of this application will be made available, upon request, for public inspection and copying at the address provided above, by accessing the program Web site at http://energy.gov/oe/services/electricity-policy-coordination-and-implementation/international-electricity-regulatio-2.

    Issued in Washington, DC, on January 31, 2017. Christopher A. Lawrence, Electricity Policy Analyst, Office of Electricity Delivery and Energy Reliability.
    [FR Doc. 2017-06487 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Nevada AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Nevada. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, April 19, 2017, 4:00 p.m.

    ADDRESSES:

    Frank H. Rogers Science and Technology Building, 755 East Flamingo, Las Vegas, Nevada 89119.

    FOR FURTHER INFORMATION CONTACT:

    Barbara Ulmer, Board Administrator, 232 Energy Way, M/S 167, North Las Vegas, Nevada 89030. Phone: (702) 630-0522; Fax (702) 295-2025 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda 1. Briefing for Groundwater Sampling Techniques—Work Plan Item #5 2. Briefing for Radioactive Waste Acceptance Program Assessment Improvement Opportunities—Work Plan Item #4

    Public Participation: The EM SSAB, Nevada, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Barbara Ulmer at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Barbara Ulmer at the telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments can do so during the 15 minutes allotted for public comments.

    Minutes: Minutes will be available by writing to Barbara Ulmer at the address listed above or at the following Web site: http://www.nnss.gov/NSSAB/pages/MM_FY17.html.

    Issued at Washington, DC, on March 28, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-06512 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Proposed Subsequent Arrangement AGENCY:

    Office of Nonproliferation and Arms Control, Department of Energy.

    ACTION:

    Proposed subsequent arrangement.

    SUMMARY:

    This document is being issued under the authority of the Atomic Energy Act of 1954, as amended. The Department is providing notice of a proposed subsequent arrangement under the Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of Korea Concerning Peaceful Uses of Nuclear Energy.

    DATES:

    This subsequent arrangement will take effect no sooner than April 18, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Richard S. Goorevich, Office of Nonproliferation and Arms Control, National Nuclear Security Administration, Department of Energy. Telephone: 202-586-0589 or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposed subsequent arrangement concerns the advance consent list of countries or destinations referred to in paragraph 1.(c) of Article 18 of the Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of Korea Concerning Peaceful Uses of Nuclear Energy, done at Washington on June 15, 2015 (the Agreement) and paragraph 1.a. of section 3 of the Agreed Minute to the Agreement. Argentina, Australia, Brazil, Canada, Egypt, European Atomic Energy Community, Indonesia, Japan, Kazakhstan, Morocco, South Africa, Switzerland, Turkey, Ukraine, United Arab Emirates, and Vietnam are countries or destinations on the advance consent list and, therefore, are eligible to receive retransfers from the Republic of Korea of unirradiated low enriched uranium, unirradiated source material, equipment and components subject to paragraph 2 of Article 10 of the Agreement. The United States has an Agreement for Cooperation in the Peaceful Uses of Nuclear Energy, under the authority of section 123 of the Atomic Energy Act of 1954, as amended, in force with each of the countries or destinations that are on the advance consent list.

    In accordance with section 131a. of the Atomic Energy Act of 1954, as amended, it has been determined that this proposed subsequent arrangement will not be inimical to the common defense and security of the United States of America.

    Dated: February 27, 2017.

    For the Department of Energy.

    David G. Huizenga, Acting Deputy Administrator, Defense Nuclear Nonproliferation.
    [FR Doc. 2017-06500 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Extension AGENCY:

    U.S. Energy Information Administration (EIA), Department of Energy.

    ACTION:

    Agency information collection activities: Information collection extension, with changes; notice and request for comments.

    SUMMARY:

    EIA, pursuant to the Paperwork Reduction Act of 1995, intends to submit an information collection request for the Petroleum Marketing Program, OMB Control Number 1905-0174, to the Office of Management and Budget (OMB). EIA is requesting a three-year extension to the program and soliciting comments on the proposed changes to Form EIA-182, Form EIA-863, Form EIA-878, Form EIA-888, and Form EIA-877. No changes are proposed for the remaining survey forms that comprise the Petroleum Marketing Program.

    DATES:

    Comments regarding this proposed information collection must be received on or before June 2, 2017. If you anticipate difficulty in submitting comments within that period, contact the person listed in ADDRESSES as soon as possible.

    ADDRESSES:

    Written comments may be sent to Ms. Tammy Heppner, U.S. Department of Energy, U.S. Energy Information Administration, Mail Stop EI-25, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585. To ensure receipt of the comments by the due date, submission by email ([email protected]) is recommended. Alternatively, Ms. Heppner may be contacted by telephone at 202-586-4748.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Ms. Tammy Heppner at the contact information listed above. The forms and instructions, along with related information on this clearance package, can be viewed at http://www.eia.gov/survey/notice/marketing2017.cfm.

    SUPPLEMENTARY INFORMATION:

    The Petroleum Marketing Program consists of the following surveys:

    • EIA-14, “Refiners' Monthly Cost Report;”

    • EIA-182, “Domestic Crude Oil First Purchase Report;”

    • EIA-782A, “Refiners'/Gas Plant Operators' Monthly Petroleum Product Sales Report;”

    • EIA-782C, “Monthly Report of Prime Supplier Sales of Petroleum Products Sold For Local Consumption;”

    • EIA-821, “Annual Fuel Oil and Kerosene Sales Report;”

    • EIA-856, “Monthly Foreign Crude Oil Acquisition Report;”

    • EIA-863, “Petroleum Product Sales Identification Survey;”

    • EIA-877, “Winter Heating Fuels Telephone Survey;”

    • EIA-878, “Motor Gasoline Price Survey;”

    • EIA-888, “On-Highway Diesel Fuel Price Survey.”

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    This information collection request contains: (1) OMB No. 1905-0174; (2) Information Collection Request Title: Petroleum Marketing Program; (3) Type of Request: Revision of a currently approved collection; (4) Purpose: The Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.) and the DOE Organization Act (42 U.S.C. 7101 et seq.) require EIA to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer term domestic demands.

    EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.), provides the general public and other Federal agencies with opportunities to comment on collections of energy information conducted by or in conjunction with EIA. Also, EIA will later seek approval for this collection by the Office of Management and Budget (OMB) under Section 3507(a) of the Paperwork Reduction Act of 1995.

    EIA's petroleum marketing survey forms collect volumetric and price information needed for determining the supply of and demand for crude oil and refined petroleum products. These surveys provide a basic set of data pertaining to the structure, efficiency, and behavior of petroleum markets. These data are published by EIA on its Web site, http://www.eia.gov, as well as in publications such as the Monthly Energy Review (http://www.eia.gov/totalenergy/data/monthly/), Annual Energy Review (http://www.eia.gov/totalenergy/data/annual/), Petroleum Marketing Monthly (http://www.eia.gov/oil_gas/petroleum/data_publications/petroleum_marketing_monthly/pmm.html), Weekly Petroleum Status Report (http://www.eia.gov/oil_gas/petroleum/data_publications/weekly_petroleum_status_report/wpsr.html), and the International Energy Outlook (http://www.eia.gov/forecasts/ieo/); (4a) Proposed Changes to Information Collection:

    Form EIA-878: Motor Gasoline Price Survey

    EIA is proposing to collect annual sales volumes of motor gasoline by regular, midgrade, and premium grades on Form EIA-878, “Motor Gasoline Price Survey” on a triennial basis. This survey collects weekly retail gasoline prices from a sample of gasoline stations and publishes price estimates at various regional, state, and city levels. EIA is updating its frame of retail gasoline outlets and proposing to re-select the sample of retail outlets using a new sample design. EIA will use annual sales volumes of motor gasoline to determine the measure of size and weights for the new outlets selected to report in the sample. EIA will obtain annual sales volume from corporate offices of suppliers of whole sale and retail gasoline, hypermarkets, and individual station owners in the sample. The new sample will replace the current sample that reports on Form EIA-878. In the alternative, EIA is also considering to eliminate this survey due to budget constraints. In the event this survey is eliminated EIA may utilize third party price data for information on retail gasoline prices. EIA solicits comments on both proposals, to select a new sample using annual retail sales volumes as the sample weights; or discontinue Form EIA-878.

    Form EIA-182: Domestic Crude Oil First Purchase Report

    EIA is proposing to replace “North Dakota Sweet” crude stream with “North Dakota Bakken” crude stream on Form EIA-182, “Domestic Crude Oil First Purchase Report.” Due to increased crude oil production of the Bakken crude steam, this replacement will provide more accurate price estimates for an important domestic crude stream.

    Forms EIA-863, EIA-878, and EIA-888

    EIA proposes a permanent change in its statistical confidentiality pledge to respondents to Forms EIA-863, EIA-878, and EIA-888. EIA revised its confidentiality pledge to respondents to Forms EIA-863, EIA-878, and EIA-888 in an emergency Federal Register notice released on January 12, 2017 in 82 FR 3764. These revisions were required by provisions of the Federal Cybersecurity Enhancement Act of 2015 (pub. L. 114-11, Division N. Title II Subtitle B, Sec. 223). This Act, among other provisions, permits and requires DHS to provide Federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic. Federal statistics provide key information that the Nation uses to measure its performance and make informed choices about budgets, energy, employment, health, investments, taxes, and a host of other significant topics. Strong and trusted confidentiality and exclusively statistical use pledges under the Confidential Information Protection and Statistical Efficiency Act (CIPSEA) and similar statistical confidentiality pledges are effective and necessary in honoring the trust that businesses, individuals, and institutions, by their responses, place in statistical agencies. In this notice EIA proposes to make this change permanent and use the following EIA statistical confidentiality pledge to protect information collected on Forms EIA-863, EIA-878, and EIA-888.

    “The information you provide on this survey form will be used for statistical purposes only and is confidential by law. In accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 and other applicable Federal laws, your responses will not be disclosed in identifiable form without your consent. Per the Federal Cybersecurity Enhancement Act of 2015, Federal information systems are protected from malicious activities through cybersecurity screening of transmitted data. Every EIA employee, as well as every agent, is subject to a jail term, a fine, or both if he or she makes public ANY identifiable information you reported.”

    Data reported on Forms EIA-878 and EIA-888 are collected over the telephone. These two surveys have a shorter version of the CIPSEA pledge that is read to the respondent over the telephone. EIA is proposing to permanently modify the pledge provided to respondents over the telephone to read:

    The information you provide on Form EIA-xxx will be used for statistical purposes only. Your responses will be kept confidential and will not be disclosed in identifiable form. Per the Federal Cybersecurity Enhancement Act of 2015, Federal information systems are protected from malicious activities through cybersecurity screening of transmitted data. By law, every EIA employee, as well as every agent, is subject to a jail term, a fine, or both if he or she makes public ANY identifiable information you reported.”

    EIA-877: Winter Heating Fuels Telephone Survey

    EIA is proposing to add annual sales volumes of residential heating oil for statistical estimation purposes. This survey collects annual volumes of propane and residential heating oil and propane prices during the heating season. The accuracy of the price estimates of heating oil will improve by having annual volumes of heating oil as a reliable measure for calculating weighted average point-in-time price estimates. (5) Annual Estimated Number of Respondents: 10,578 Respondents; (6) Annual Estimated Number of Total Responses: 125,490; (7) Annual Estimated Number of Burden Hours: 48,777 hours; (8) Annual Estimated Reporting and Recordkeeping Cost Burden: $3,775,000. The cost of the burden hours is estimated to be $3,592,914 (48,777 burden hours times $73.66 per hour). EIA estimates that there are no additional costs to respondents associated with the surveys other than the costs associated with the burden hours.

    Authority:

    Section 13(b) of the Federal Energy Administration Act of 1974, Pub. L. 93-275, codified as 15 U.S. C. 772(b).

    Issued in Washington, DC, on March 15, 2017. Nanda Srinivasan, Director, Office of Survey Development and Statistical Integration, U.S. Energy Information Administration.
    [FR Doc. 2017-06527 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC17-98-000.

    Applicants: Tonopah Solar Energy, LLC.

    Description: Application for Authorization Under Section 203 of the Federal Power Act and Request for Waivers and Expedited Action of Tonopah Solar Energy, LLC.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5332.

    Comments Due: 5 p.m. ET 4/14/17.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG17-83-000.

    Applicants: Willow Springs Windfarm, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Willow Springs Windfarm, LLC.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5180.

    Comments Due: 5 p.m. ET 4/17/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER11-2855-022;ER11-2856-022; ER11-2857-022;ER10-2488-014; ER10-2722-008;ER10-2787-006; ER12-2037-009.

    Applicants: Avenal Park LLC, Sand Drag LLC, Sun City Project LLC, Oasis Power Partners, LLC, Eurus Combine Hills I LLC, Eurus Combine Hills II LLC, Spearville 3, LLC.

    Description: Notice of Non-Material Change in Status of the Eurus MBR Entities.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5338.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER16-1983-002.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2017-03-24 Second Petition Waiver Delay Implementation RTD LMPM to be effective N/A.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5331.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-415-002.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2017-03-24 Second Petition Waiver Delay Implementation Admin Pricing to be effective N/A.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5328.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-853-001.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2017-03-24 Petition Waiver Delay Implementation CRR Clawback Modification to be effective N/A.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5330.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1099-001.

    Applicants: Arizona Public Service Company.

    Description: Tariff Amendment: Amendment to Formula Rate Protocol Modification to be effective 5/1/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5312.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1301-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised ISA, Service Agreement No. 2185, Non-Queue position NQ140 to be effective 12/3/2009.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5308.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1302-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-03-24_Revisions to Attachment LL for implementation of EARs to be effective 6/1/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5309.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1303-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-03-24_RS 8 Manitoba Hydro-MISO Seams Opr Agr EAR Revisions to be effective 6/1/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5310.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1304-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-03-24_Revisions to RS 46 Minnkota-MISO Coor Opr Agr to implement EARs to be effective 6/1/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5311.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1305-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-03-24_Revisions to MISO-PJM JOA to implement EARs to be effective 6/1/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5318.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1306-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Revisions to PJM-MISO JOA re: CMP Dynamic Schedules (EAR) and DA FFE Adjustments to be effective 6/1/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5329.

    Comments Due: 5 p.m. ET 4/14/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: March 27, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06415 Filed 3-31-17; 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: ER10-1851-007; ER10-1852-015; ER10-1930-007; ER10-1931-008; ER10-1966-008; ER10-1971-034; ER10-1976-008; ER10-1985-008; ER11-4462-025; ER12-2225-007; ER12-2226-007; ER14-2138-004; ER15-2101-004; ER15-2582-002.

    Applicants: ESI Vansycle Partners, L.P., Florida Power & Light Company, FPL Energy Stateline II, Inc., FPL Energy Vansycle L.L.C., Logan Wind Energy LLC, NextEra Energy Power Marketing, LLC, Northern Colorado Wind Energy, LLC, Peetz Table Wind Energy, LLC, NEPM II, LLC, Limon Wind II, LLC, Limon Wind, LLC, Limon Wind III, LLC, Golden West Power Partners, LLC, Carousel Wind Farm, LLC.

    Description: Supplement to December 30, 3016 Triennial Market Power Update for the Northwest Region of NextEra Companies.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5175.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-989-000; ER17-990-000; ER17-991-000; ER17-992-000; ER17-993-000.

    Applicants: Chambersburg Energy, LLC, Gans Energy, LLC, Hunlock Energy, LLC, Springdale Energy, LLC, Bath County Energy, LLC.

    Description: Supplement to February 17, 2017 Chambersburg Energy, LLC, et al. tariff filings.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5177.

    Comments Due: 5 p.m. ET 4/7/17.

    Docket Numbers: ER17-1287-000.

    Applicants: Pacific Gas and Electric Company.

    Description: § 205(d) Rate Filing: Three E&P Agreements: Little Bear Solar 3, Little Bear Solar 4 and Pacific Wind to be effective 3/24/2017.

    Filed Date: 3/23/17.

    Accession Number: 20170323-5002.

    Comments Due: 5 p.m. ET 4/13/17.

    Docket Numbers: ER17-1289-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-03-23 SA 2468 Ameren-Sugar Creek GIA Termination (J034) to be effective 4/25/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5289.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1290-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-03-24_SA 3007 ATC-Upper Michigan E&P Agreement (J703) to be effective 3/17/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5291.

    Comments Due: 5 p.m. ET 4/14/17

    Docket Numbers: ER17-1291-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-03-24_SA 3008 ATC-Upper Michigan E&P Agreement (J704) to be effective 3/17/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5292.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1292-000.

    Applicants: Pennsylvania Electric Company, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Penelec submits Original CA, Service Agreement No. 4664, with Borough of Berlin to be effective 2/22/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5293.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1293-000.

    Applicants: Boulder Solar Power, LLC.

    Description: § 205(d) Rate Filing: Ministerial Amendment of Boulder Solar Market-Based Rate Tariff to be effective 3/25/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5295.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1294-000.

    Applicants: Mankato Energy Center, LLC.

    Description: § 205(d) Rate Filing: Ministerial Amendment to Mankato Market-Based Rate Tariff to be effective 3/25/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5296.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1295-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Queue Position AA2-088, Original Service Agreement No. 4658 to be effective 2/22/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5297.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1296-000.

    Applicants: ISO New England Inc., Green Mountain Power Corporation.

    Description: § 205(d) Rate Filing: ISO-NE & GMP Original Service Agreement No. SGIA-ISONE/GMP-17-01 under Sched. 23 to be effective 3/8/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5298.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1297-000.

    Applicants: R. R. Donnelley & Sons Company.

    Description: Tariff Cancellation: RR Donnelley MBR Tariff Cancellation to be effective 3/31/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5300.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1298-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of Original Service Agreement No. 4282, Queue No. AA1-100 to be effective 2/27/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5301.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1299-000.

    Applicants: Southern California Edison Company.

    Description: Tariff Cancellation: Notice of Cancellation SGIA and Distribution Service Agmt Joshua Tree Solar Farm to be effective 3/11/2017.

    Filed Date: 3/24/17

    Accession Number: 20170324-5302.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1300-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2017-03-24 EIM Implementation Agreement with BANC to be effective 6/1/2017.

    Filed Date: 3/24/17.

    Accession Number: 20170324-5304.

    Comments Due: 5 p.m. ET 4/14/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: March 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06424 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14835-000] Merchant Hydro Developers, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On January 18, 2017, Merchant Hydro Developers, LLC, 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 Susan Russ Memorial Pumped Storage Hydro Project to be located near the town of Manhattan in Tioga County, Pennsylvania. 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) A new upper reservoir having a surface area of 70 acres and a storage capacity of 1,050 acre-feet at a surface elevation of approximately 2,200 feet above mean sea level (msl) created through construction of new roller-compacted concrete or rock-filled dams and/or dikes; (2) excavating a new lower reservoir with a surface area of 60 acres and a total storage capacity of 1,260 acre-feet at a surface elevation of 1,300 feet msl; (3) a new 3,337-foot-long, 48-inch-diameter penstock connecting the upper and lower reservoirs; (4) a new 150-foot-long, 50-foot-wide powerhouse containing two turbine-generator units with a total rated capacity of 77 megawatts; (5) a new transmission line connecting the powerhouse to a nearby electric grid interconnection point with options to evaluate multiple grid interconnection locations; and (6) appurtenant facilities. Possible initial fill water and make-up water would come from Pine Creek. The proposed project would have an annual generation of 282,778 megawatt-hours.

    Applicant Contact: Adam Rousselle, Merchant Hydro Developers, LLC, 5710 Oak Crest Drive, Doylestown, PA 18902; phone: (267) 254-6107.

    FERC Contact: Tim Looney; phone: (202) 502-6096.

    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-14835-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14835) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: March 28, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06475 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14808-000] Merchant Hydro Developers, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On December 19, 2016, Merchant Hydro Developers, LLC, 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 Panther Pumped Storage Hydroelectric Project to be located near the town of Simpson in Lackawanna and Wayne Counties, Pennsylvania. 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) A new upper reservoir with a surface area of 175 acres and a storage capacity of 2,625 acre-feet at a surface elevation of approximately 1,960 feet above mean sea level (msl) created through construction of new roller-compacted concrete or rock-filled dams and/or dikes; (2) excavating a new lower reservoir with a surface area of 180 acres and a total storage capacity of 4,500 acre-feet at a surface elevation of 1,325 feet msl; (3) a new 6,045-foot-long, 48-inch-diameter penstock connecting the upper and lower reservoirs; (5) a new 150-foot-long, 50-foot-wide powerhouse containing two turbine-generator units with a total rated capacity of 172 megawatts; (6) a new transmission line connecting the powerhouse to a nearby electric grid interconnection point with options to evaluate multiple grid interconnection locations; and (7) appurtenant facilities. Possible initial fill water and make-up water would come from the Lackawanna River. The proposed project would have an annual generation of 502,717 megawatt-hours.

    Applicant Contact: Adam Rousselle, Merchant Hydro Developers, LLC, 5710 Oak Crest Drive, Doylestown, PA 18902; phone: (267) 254-6107.

    FERC Contact: Tim Looney; phone: (202) 502-6096.

    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-14808-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14808) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: March 28, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06469 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-38-000] Columbia Gas Transmission, LLC; Notice of Availability of the Environmental Assessment for the Proposed WB Xpress Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment (EA) for the WB XPress Project, proposed by Columbia Gas Transmission, LLC (Columbia) in the above-referenced docket. Columbia requests authorization to perform the following: (i) Installation, construction, and operation of about 29.3 miles of various diameter pipeline; (ii) modifications to seven existing compressor stations; (iii) construction and operation of two new compressor stations; (iv) uprates and restoration of the maximum allowable operating pressure (MAOP) on various segments of the existing WB and VB natural gas transmission pipeline systems; and (v) installation of various appurtenant and auxiliary facilities, all located in either Braxton, Clay, Grant, Hardy, Kanawha, Pendleton, Randolph, and Upshur Counties, West Virginia, or Clark, Fairfax, Fauquier, Loudoun, Shenandoah, or Warren Counties, Virginia.

    The EA assesses the potential environmental effects of the construction and operation of the WB XPress Project in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    The U.S. Forest Service (USFS), U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, West Virginia Department of Environmental Protection, and West Virginia Division of Natural Resources participated as cooperating agencies in the preparation of the EA. Cooperating agencies have jurisdiction by law or special expertise with respect to resources potentially affected by the proposal and participate in the NEPA analysis. The USFS and U.S. Army Corps of Engineers will adopt the EA to fulfill their agency's NEPA obligations. The USFS will use the EA, as well as other supporting documentation, to consider the issuance of right-of-way authorization for the portion of the project on National Forest System lands. The U.S. Army Corps of Engineers will use the EA and supporting documentation to consider the issuance of Clean Water Act Section 404 and Rivers and Harbors Act Section 10 permits.

    The proposed WB XPress Project includes the following facilities:

    West Virginia

    Aboveground Facilities:

    • One new West Virginia Compressor Station: A new, natural gas-fired compressor station at approximately MP 0.3 of the Line WB-5 Extension in Kanawha County, West Virginia.

    • Installation of new valve sites and launcher/receiver facilities along Line WB-5 in Kanawha, Grant and Clay Counties, West Virginia.

    • Modifications to increase horsepower at four (4) existing Compressor Stations including Cleveland, Files Creek, Seneca, and Lost River Compressor Stations in Upshur, Randolph, Pendleton, and Hardy Counties, West Virginia, respectively.

    • Modifications to existing natural gas pipeline appurtenances at the Frametown Compressor Station in Braxton County, West Virginia.

    • Modifications to four existing Valve Sites including Glady Valve Site in Randolph County, West Virginia; Dink Valve Site in Clay County, West Virginia; Whitmer and Smokehole in Pendleton County, West Virginia; and one regulator station, Panther Mountain Regulator Station, in Kanawha County, West Virginia.

    Pipeline Facilities:

    • Line WB-5 Extension: Installation of approximately 0.3 mile of new 36-inch-diameter natural gas transmission pipeline from the planned new Compressor Station to the Panther Mountain Regulator Station in Kanawha County, West Virginia.

    • Line WB-22: Installation of approximately 0.6 mile of new 36-inch-diameter natural gas transmission pipeline from the proposed new West Virginia Compressor Stations to the Panther Regulator Station, ending at the proposed WB-22 Receiver Site in Kanawha County, West Virginia.

    • Line WB: Generally lift and lay replacement of approximately 25.5 miles of 26-inch-diameter natural gas transmission pipeline loop and associated appurtenances in Randolph and Pendleton Counties, West Virginia.

    • Line WB: Replacement of 5 sections, totaling approximately 0.3 mile of 26-inch-diameter natural gas transmission pipeline between Mileposts (MP) 134.6 and 146.4 in Pendleton, Grant, and Hardy Counties, West Virginia.

    • Line WB-5: Replacement of approximately 1,185 feet (0.2 mile) of 36-inch-diameter natural gas transmission pipeline between MP 4.5 and MP 4.7 in Grant County, West Virginia.

    MAOP Restoration:

    • Line WB-5: Incremental pressure increase of approximately 72.4 miles of the Line WB-5 Segment to restore this segment to its originally certificated MAOP of 1,000 square inch gauge (psig) in Upshur, Randolph, Pendleton, Grant and Hardy Counties, West Virginia.

    Uprate Segments:

    • Line WB-6: Incremental pressure increase of approximately 2.4 miles of the Line WB-6 to 1,000 psig MAOP in Randolph County, West Virginia.

    • Line WB-5: Incremental pressure increase of approximately 22.1 miles of the Line WB-5 Segment to 1,000 psig in Pendleton, Grant, and Hardy Counties, West Virginia.

    Virginia

    Aboveground Facilities:

    • One new, electric-driven compressor station at approximately MP 0.0 of the proposed new Line VA-1 in Fairfax County, Virginia.

    • Installation of a receiver facility at the end of the proposed Line VA-1, in Fairfax County, Virginia.

    • Modifications to increase horsepower at the existing Strasburg Compressor Station located in Shenandoah County Virginia, in order to increase capacity for the transportation of additional volume along Columbia's Line VB natural gas pipeline system.

    • Modifications to existing natural gas pipeline appurtenances at the Loudoun Compressor Station in Loudoun County, Virginia.

    • Modifications to the existing Dysart Valve Site, in Shenandoah County, Virginia and one metering station, Nineveh Meter Station, in Warren County, Virginia.

    Pipeline Facilities:

    • Line VA-1: Installation of approximately 2.2 miles of new 12-inch-diameter natural gas transmission pipeline and associated appurtenances in Fairfax County, Virginia.

    MAOP Restoration:

    • Line VB-5: Incremental pressure increase of approximately 70.4 miles of the Line VB-5 Segment to restore this segment to its originally certificated MAOP of 1,000 psig in Shenandoah, Warren, Clark, Fauquier, and Loudoun Counties, Virginia.

    The USFS's purpose and need for the proposed action is to respond to a special use application, submitted by Columbia on August 19, 2016, to allow the construction and operation of the WB XPress project on national forest system lands managed by the Monongahela National Forest.

    The FERC staff mailed copies of the EA to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners; interested individuals and groups; and newspapers and libraries in the project area. Everyone on our environmental mailing list will receive a CD version of the EA. In addition, the EA is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission Public Reference Room 888 First Street NE., Room 2A Washington, DC 20426 (202) 502-8371.

    Any person wishing to comment on the EA may do so. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that the Commission has the opportunity to consider your comments prior to making its decision on this project, it is important that we receive your comments in Washington, DC on or before April 24, 2017.

    For your convenience, there are three methods you can use to file your comments to the Commission. In all instances, please reference the project docket number (CP16-38-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected]

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can also file your comments electronically using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You must select the type of filing you are making. If you are filing a comment on a particular project, please select “Comment on a Filing”; or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).1 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    1 See the previous discussion on the methods for filing comments.

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP16-38). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: March 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06417 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2195-148] Portland General Electric Company; Notice of Application Accepted for Filing, Soliciting Comments, Protests, and Motions To Intervene

    Take notice that the following hydroelectric application has been filed with the Federal Energy Regulatory Commission and is available for public inspection:

    a. Type of Application: Non-project use of project lands and water.

    b. Project No: 2195-148.

    c. Date Filed: November 7, 2016 and supplemented on March 22, 2017.

    d. Applicant: Portland General Electric Company (licensee).

    e. Name of Project: Clackamas River Hydroelectric Project.

    f. Location: River Mill Development (Estacada Lake) of the Clackamas River Hydroelectric Project located in Clackamas County, Oregon.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Thomas Nilan, Manager, Portland General Electric Company, 121 SW. Salmon Street, 3 WTC-BR05, Portland, Oregon 97204; phone (503) 464-8738.

    i. FERC Contact: Robert Ballantine at 202-502-6289, [email protected]

    j. Deadline for filing comments, protests, or motions to intervene is 30 days from the issuance of this notice by the Commission. The Commission strongly encourages electronic filing. Please file comments, protests, or motions to intervene 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-2195-148.

    k. Description of Request: Portland General Electric Company requests Commission approval to grant the Oregon Department of Fish and Wildlife (Oregon DFW) an easement to use project lands and water within the River Mill development of the Clackamas River Hydroelectric Project, for the construction and operation of a gravity fed intake system. The intake would provide water to the Oregon DFW owned Clackamas Hatchery located outside of the project boundary on Dog Creek, a tributary of the Clackamas River. The intake would provide a continuous gravity fed 50 cubic feet per second (approximately 32 million gallons per day) from Estacada Lake, to the fish hatchery. The intake system would be located within the project boundary approximately 250 feet upstream of the River Mill Dam on the south side of the forebay and consist of a dual-cylindrical intake screen, track system for deploying the intake screens into the reservoir, control building, and conveyance pipes. Project water routed to the hatchery would be returned to the Clackamas River via Dog Creek, downstream of the project.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling 202-502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 866-208-3676 or email [email protected], for TTY, call 202-502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all comments or protests 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 date for the particular application.

    o. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title “COMMENT”; “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or motioning to intervene; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, protests, or motions to intervene 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. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: March 28, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06468 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CD17-10-000] Hurricane Creek Irrigating Ditch Company; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

    On March 21, 2017, the Hurricane Creek Irrigating Ditch Company, filed a notice of intent to construct a qualifying conduit hydropower facility, pursuant to section 30 of the Federal Power Act (FPA), as amended by section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA). The proposed Hurricane Hydro Station #2 & #4 Project would have a combined installed capacity of 104 kilowatts (kW), and would be located along two sections of an existing irrigation pipeline. The project would be located near the Town of Joseph in Wallowa County, Oregon.

    Applicant Contact: Kyle Petrocine, 401 NE 1st St., Suite A, Enterprise, OR 97828 Phone No. (541) 398-0018.

    FERC Contact: Robert Bell, Phone No. (202) 502-6062, email: [email protected]

    Qualifying Conduit Hydropower Facility Description: The proposed project would consist of the following two developments:

    Hydro Station #2 Development

    A new powerhouse containing one turbine/generating unit with an installed capacity of 61 kW in the existing 30-inch diameter irrigation pipeline; and (2) appurtenant facilities. The project will also include a bypass section through a pressure reducing valve. The proposed project would have an estimated annual generating capacity of 115,846 kilowatt-hours.

    Hydro Station #4 Development

    A new powerhouse containing one turbine/generating unit with an installed capacity of 43 kW in the existing 20-inch diameter pipeline; and (2) appurtenant facilities. The project will also include a bypass section through a pressure reducing valve. The proposed project would have an estimated annual generating capacity of 98,500 kilowatt-hours.

    A qualifying conduit hydropower facility is one that is determined or deemed to meet all of the criteria shown in the table below.

    Table 1—Criteria for Qualifying Conduit Hydropower Facility Statutory provision Description Satisfies
  • (Y/N)
  • FPA 30(a)(3)(A), as amended by HREA The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity Y FPA 30(a)(3)(C)(i), as amended by HREA The facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit Y FPA 30(a)(3)(C)(ii), as amended by HREA The facility has an installed capacity that does not exceed 5 megawatts Y FPA 30(a)(3)(C)(iii), as amended by HREA On or before August 9, 2013, the facility is not licensed, or exempted from the licensing requirements of Part I of the FPA Y

    Preliminary Determination: The proposed addition of the hydroelectric project along the existing irrigation pipeline will not alter its primary purpose. Therefore, based upon the above criteria, Commission staff preliminarily determines that the proposal satisfies the requirements for a qualifying conduit hydropower facility, which is not required to be licensed or exempted from licensing.

    Comments and Motions to Intervene: Deadline for filing comments contesting whether the facility meets the qualifying criteria is 45 days from the issuance date of this notice.

    Deadline for filing motions to intervene is 30 days from the issuance date of this notice.

    Anyone may submit comments or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210 and 385.214. Any motions to intervene must be received on or before the specified deadline date for the particular proceeding.

    Filing and Service of Responsive Documents: All filings must (1) bear in all capital letters the “COMMENTS CONTESTING QUALIFICATION FOR A CONDUIT HYDROPOWER FACILITY” or “MOTION TO INTERVENE,” as applicable; (2) state in the heading the name of the applicant and the project number of the application to which the filing responds; (3) state the name, address, and telephone number of the person filing; and (4) otherwise comply with the requirements of sections 385.2001 through 385.2005 of the Commission's regulations.1 All comments contesting Commission staff's preliminary determination that the facility meets the qualifying criteria must set forth their evidentiary basis.

    1 18 CFR 385.2001-2005 (2016).

    The Commission strongly encourages electronic filing. Please file motions to intervene and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. 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.

    Locations of Notice of Intent: Copies of the notice of intent can be obtained directly from the applicant or such copies can be viewed and reproduced at the Commission in its Public Reference Room, Room 2A, 888 First Street NE., Washington, DC 20426. The filing may also be viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using the “eLibrary” link. Enter the docket number (i.e., CD17-10) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or email [email protected] For TTY, call (202) 502-8659.

    Dated: March 27, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06423 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP17-56-000; CP17-57-000] Texas Eastern Transmission, L.P.; Brazoria Interconnector Gas Pipeline, LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed Stratton Ridge Expansion 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 Stratton Ridge Expansion Project (Project) involving construction and operation of facilities by Texas Eastern Transmission, L.P. (Texas Eastern), and Brazoria Interconnector Gas Pipeline, LLC (BIG) (referred to as Applicants) in Brazoria, Chambers, San Jacinto, Waller, Shelby, and Lavaca Counties, Texas. The Commission will use this EA in its decision-making process to determine whether 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. 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 lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EA. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before April 24, 2017.

    If you sent comments on this project to the Commission before the opening of this docket on February 2, 2017, you will need to file those comments in Docket Nos. CP17-56-000 and CP17-57-000 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. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    The Applicants provided landowners with a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” 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. It is also available for viewing on the FERC Web site (www.ferc.gov).

    Public Participation

    For your convenience, there are three methods you can use to submit your comments to the Commission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket numbers (CP17-56-000, and CP17-57-000) with your submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Summary of the Proposed Project

    The Project is designed to provide the capacity necessary for Texas Eastern to transport up to 322,000 dekatherms per day of natural gas on a firm basis from certain of Texas Eastern's existing interconnections to a delivery point on the BIG pipeline near Stratton Ridge, Texas.

    The Applicant's Project would consist of the following facilities:

    • The new Angleton Compressor Station, consisting of a 12,500 horsepower electric motor-driven compressor, as well as metering and regulation facilities, at an existing site owned by Texas Eastern;

    • a new 0.5 mile, 30-inch-diameter pipeline lateral in Brazoria County, Texas to interconnect with the BIG intrastate pipeline system;

    • a new aboveground wire-line launcher/receiver assembly site and interconnect valve site near milepost 0.5 of the BIG Interconnect;

    • Clean Burn equipment for one unit at Texas Eastern's existing Mont Belvieu Compressor Station in Chambers County, Texas;

    • modified station piping for pressure regulation at Texas Eastern's Joaquin Compressor Station in Shelby County, Texas;

    • modified existing launcher and receiver facilities at Texas Eastern's existing Huntsville Compressor Station, in San Jacinto County, Texas;

    • modified existing launcher and receiver facilities at Texas Eastern's Hempstead and Provident City station sites; in Waller and Lavaca County, Texas; and

    • replacement of existing 16-inch crossover piping and valve with new 24-inch crossover piping and valve at an existing facility approximately 0.2 mile southwest of the Provident City station site in Lavaca County, Texas.

    The general location of the project facilities is shown in appendix 1.1

    1 The appendices referenced in this notice will not appear 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

    Construction of the proposed facilities would disturb about 143 acres of land for the aboveground facilities and the pipeline. Following construction, the Applicants would maintain about 48 acres for permanent operation of the project's facilities; the remaining acreage would be restored and revert to former uses.

    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. We will consider all filed comments during the preparation of the EA.

    2 “We,” “us,” 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 proposed project under these general headings:

    • Geology and soils; • land use; • water resources, fisheries, and wetlands; • cultural resources; • vegetation and wildlife; • socioeconomics; • air quality and noise; • endangered and threatened species; • public safety; and • cumulative impacts

    We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EA will present our independent analysis of the issues. 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 2.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of 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 implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Office (SHPO), and to solicit their views 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 (APE) in consultation with the SHPO as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EA for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106.

    4 The Advisory Council on Historic Preservation's 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 of Historic Places.

    Currently Identified Environmental Issues

    We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by the Applicants.

    This preliminary list of issues may be changed based on your comments and our analysis.

    • Operational noise impacts • Socioeconomic impacts • Cumulative impacts 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 affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, 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.

    If we publish and distribute the EA, copies of the EA 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 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 “Document-less Intervention Guide” under the “e-filing” link on the Commission's Web site. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

    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 at 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., CP17-56, CP17-57). Be sure you have selected an appropriate date range.

    For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Finally, public sessions or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: March 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06418 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2520-076] Great Lakes Hydro America, LLC; 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 License.

    b. Project No.: 2520-076.

    c. Date filed: August 31, 2016.

    d. Applicant: Great Lakes Hydro America, LLC (Great Lakes Hydro).

    e. Name of Project: Mattaceunk Hydroelectric Project.

    f. Location: The existing project is located on the Penobscot River in Aroostook and Penobscot Counties, Maine. 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: Kevin Bernier, Senior Compliance Specialist, Great Lakes Hydro America, LLC, 1024 Central Street, Millinocket, Maine 04462; Telephone (207) 723-4341, x118.

    i. FERC Contact: Adam Peer, (202) 502-8449 or [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-2520-076.

    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 Mattaceunk Hydroelectric Project consists of: (1) A 1,060-foot-long, 45-foot-high dam (Weldon Dam) with a crest elevation of 236.0 feet (USGS datum), and includes: (i) A 110-foot-long earthen embankment extending to the left abutment; (ii) a combined intake and powerhouse structure; (iii) an upstream fish ladder; (iv) a 10-foot-wide log sluice structure, controlled by an 8-foot-high vertical slide gate; (v) a 90-foot-long, 19-foot-high gated spillway with a single roller gate; (vi) a 657.5-foot-long, 70-foot high concrete gravity overflow spillway with 4-foot-high flashboards to create a maximum flashboard crest elevation of 240.0 feet; and (vii) a retaining wall at the right abutment; (2) a 1,664-acre reservoir with a total storage capacity of 20,981 acre-feet at a normal pool elevation of 240.00 feet (USGS datum); (3) a 142-foot-long, 99-foot-wide powerhouse (Weldon Station) integral to the dam containing two Kaplan turbines rated at 5,479 kilowatt (kW) and two fixed-blade propeller turbines rated at 5,489 kW, each driving a 6,000 kilovolt-ampere (kVA), 4,800 kW vertical synchronous generator for an authorized installed capacity of 19.2 megawatts (MW); (4) a downstream fishway; (5) an outdoor substation adjacent to the powerhouse; (6) a 9-mile-long, 34.5-kilovolt (kV) transmission line within a 120-foot-wide right of way; and (7) appurtenant facilities. The project generates about 123,332 megawatt-hours (MWh) annually.

    The Mattaceunk Project is operated with minimal fluctuations of the reservoir surface elevation. Flexibility on reservoir elevations is required to provide for safe installation of the project's flashboards and to allow an adequate margin for wave action, debris loads, or sudden pool increases that might cause flashboard failure. The existing license requires a reservoir surface elevation no lower than 1.0 foot below the dam crest elevation of 236.0 feet when the 4-foot-high flashboards are not in use, and no lower than 2.0 feet below the top of flashboard elevation of 240.0 feet when the 4-foot-high flashboards are in use. The existing license also requires a year-round continuous minimum flow of 1,674 cubic feet per second (cfs) or inflow, whichever is less, and a daily average minimum flow of 2,392 cfs from July 1 through September 30 and 2,000 cfs from October 1 through June 30, unless inflow is less than the stated daily average minimum flows (in which case outflow from the project must equal the inflow to the project). Great Lakes Hydro proposes to: (1) Install a seasonal upstream eel ramp; (2) install an upstream passage structure for American shad, alewife, and blueback herring; (3) install trashracks having 1-inch clear spacing to the full depth of the turbine intakes during the fish passage season; and (4) improve the recreation facility at the downstream angler access area.

    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 May 2017. Commission issues Draft EA or EIS November 2017. Comments on Draft EA or EIS December 2017. Modified Terms and Conditions February 2017. Commission Issues Final EA or EIS May 2018.

    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 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06422 Filed 3-31-17; 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 exempt wholesale generator filings:

    Docket Numbers: EG17-84-000.

    Applicants: Midlothian Energy, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5201.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: EG17-85-000.

    Applicants: Hays Energy, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5205.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: EG17-86-000.

    Applicants: COLETO CREEK POWER, LP.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5207.

    Comments Due: 5 p.m. ET 4/18/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER17-714-001.

    Applicants: Virginia Electric and Power Company, PJM Interconnection, LLC.

    Description: Compliance filing: Compliance filing per 2/28/2017 order to correct Att. H-16A eff 1/1/17 & 2/1/17 to be effective 1/1/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5126.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1318-000.

    Applicants: Redbed Plains Wind Farm LLC.

    Description: Baseline eTariff Filing: MBR Application to be effective 5/28/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5102.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1319-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 2646R4 Kansas Municipal Energy Agency NITSA and NOA to be effective 3/1/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5121.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1320-000.

    Applicants: Odyssey Solar, LLC.

    Description: Baseline eTariff Filing: Baseline new to be effective 12/13/9998.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5183.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1321-000.

    Applicants: Puget Sound Energy, Inc.

    Description: Initial rate filing: RES Engineering and Procurement Agreement, Original Service Agreement No. 831 to be effective 3/1/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5212

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1322-000.

    Applicants: Western Massachusetts Electric Company.

    Description: § 205(d) Rate Filing: Interconnection and Operating Agreement with Essential Power MA. Amendment No. 2 to be effective 3/29/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5214.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1323-000.

    Applicants: Midcontinent Independent System Operator, Inc., Ameren Illinois Company, MidAmerican Energy Company.

    Description: § 205(d) Rate Filing: 2017-03-28_SA 3009 ATXI-MEC TIA to be effective 3/30/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5224.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1324-000.

    Applicants: Playa Solar 2, LLC.

    Description: Baseline eTariff Filing: Application for Initial Market-Based Rate Tariff and Granting Certain Waivers to be effective 3/29/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5242

    Comments Due: 5 p.m. ET 4/18/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified 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 28, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06467 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-76-000] Northern Natural Gas Company; Notice of Request Under Blanket Authorization

    Take notice that on March 15, 2017, Northern Natural Gas Company (Northern), 1111 South 103rd Street, Omaha, Nebraska 68124, filed in Docket No. CP17-76-000 a prior notice request pursuant to sections 157.205, 157.208, and 157.216 of the Federal Energy Regulatory Commission's (Commission) regulations under the Natural Gas Act (NGA) and Northern's blanket authorizations issued in Docket No. CP82-401-000. Northern seeks authorization to (1) install and operate a compressor station and (2) abandon segments of pipeline, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Northern proposes to install and operate a new 15,900-horsepower (HP) compressor station (Lake Mills Compressor Station) in Worth County, Iowa. Additionally, Northern proposes to abandon approximately 60 feet of pipe from both the D- and E-lines to facilitate tie-ins. Northern states that the facilities proposed herein constitute a discrete, stand-alone project under the large umbrella of the Northern Lights expansion plan. The total cost is approximately $30,500,000.

    Any questions regarding this Application should be directed to Michael T Loeffler, Senior Director, Certificates and External Affairs for Northern, 1111 South 103rd Street, Omaha, Nebraska 68124, by phone (402) 398-7103, by fax (402) 398-7592, or by email at [email protected]

    Any person or the Commission's Staff may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and, pursuant to section 157.205 of the Commission's Regulations under the NGA (18 CFR 157.205) a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    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 commenters 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 commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters 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 via the internet in lieu of paper. See 18 CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web site (www.ferc.gov) under the “e-Filing” link. 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.

    Dated: March 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06419 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC17-9-000] Commission Information Collection Activities (FERC-510, FERC-520, FERC-561, and FERC-583); Consolidated Comment Request; Extension AGENCY:

    Federal Energy Regulatory Commission, Department of Energy.

    ACTION:

    Notice of information collections and request for comments.

    SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the requirements and burden of the information collections described below.

    DATES:

    Comments on the collections of information are due June 2, 2017.

    ADDRESSES:

    You may submit comments (identified by Docket No. IC17-9-000) by either of the following methods:

    eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.

    Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426.

    Please reference the specific collection number and/or title in your comments.

    Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

    Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Brown may be reached by email at [email protected], telephone at (202) 502-8663, and fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    Type of Request: Three-year extension of the information collection requirements for all collections described below with no changes to the current reporting requirements. Please note that each collection is distinct from the next.

    Comments: Comments are invited on: (1) Whether the collections of information are necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimates of the burden and cost of the collections of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collections; and (4) ways to minimize the burden of the collections of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    FERC-510 [Application for Surrender of a Hydropower License] OMB Control No.: 1902-0068

    Abstract: The information collected under the requirements of FERC-510 is used by the Commission to implement the statutory provisions of sections 4(e), 6 and 13 of the Federal Power Act (FPA) (16 U.S.C. 797(e), 799, and 806). Section 4(e) gives the Commission authority to issue licenses for the purposes of constructing, operating and maintaining dams, water conduits, reservoirs, powerhouses, transmission lines or other power project works necessary or convenient for developing and improving navigation, transmission and utilization of power using bodies of water over which Congress has jurisdiction. Section 6 gives the Commission the authority to prescribe the conditions of licenses including the revocation or surrender of the license. Section 13 defines the Commission's authority to delegate time periods for when a license must be terminated if project construction has not begun. Surrender of a license may be desired by a licensee when a licensed project is retired or not constructed or natural catastrophes have damaged or destroyed the project facilities.

    FERC-510 is the application for the surrender of a hydropower license. The information is used by Commission staff to determine the broad impact of such surrender. The Commission will issue a notice soliciting comments from the public and other agencies and conduct a careful review of the application before issuing an order for Surrender of a License. The order is the result of an analysis of the information produced (i.e., dam safety, public safety, and environmental concerns, etc.), which is examined to determine whether any conditions must be satisfied before granting the surrender. The order implements the existing regulations and is inclusive for surrender of all types of hydropower licenses issued by FERC and its predecessor, the Federal Power Commission. The Commission implements these mandatory filing requirements in the Code of Federal Regulations (CFR) under 18 CFR 6.1 through 6.4.

    Type of Respondent: Private or Municipal Hydropower Licensees.

    Estimate of Annual Burden:1 The Commission estimates the total annual burden and cost 2 for this information collection as follows:

    1 “Burden” is the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For additional information, refer to Title 5 Code of Federal Regulations 1320.3.

    2 The Commission staff thinks that the average respondent for this collection is similarly situated to the Commission, in terms of salary plus benefits. Based upon FERC's 2017 annual average of $158,754 (for salary plus benefits), the average hourly cost is $76.50/hour.

    FERC-510 Application for Surrender of a Hydropower License Number of respondents Annual
  • number of
  • responses per
  • respondent
  • Total number
  • of responses
  • Average
  • burden and cost
  • per response
  • Total annual
  • burden hours
  • and total
  • annual cost
  • Cost per
  • respondent
  • ($)
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) 14 1 14 80 hrs.; 3 $6,120 1,120 hrs.; $85,680 $6,120
    FERC-520 [Application for Authority To Hold Interlocking Directorate Positions] OMB Control No.: 1902-0083

    Abstract: The Federal Power Act (FPA), as amended by the Public Utility Regulatory Policies Act of 1978 (PURPA), mandates federal oversight and approval of certain electric corporate activities to ensure that neither public nor private interests are adversely affected. Accordingly, the FPA proscribes related information filing requirements to achieve this goal. Such filing requirements are found in the Code of Federal Regulations (CFR), specifically in 18 CFR part 45, and serve as the basis for FERC-520.

    3 Based on additional information, we are revising the estimated average burden per response to 80 hours (rather than 10 hours). The reporting requirements have not changed.

    FERC-520 is divided into two types of applications: Full and informational. The full application, as specified in 18 CFR 45.8, implements the FPA requirement under section 305(b) that it is unlawful for any person to concurrently hold the positions of officer or director of more than one public utility; or a public utility and a financial institution that is authorized to underwrite or participate in the marketing of public utility securities; or a public utility and an electrical equipment supplier to that public utility, unless authorized by order of the Commission. In order to obtain authorization, an applicant must demonstrate that neither public nor private interests will be adversely affected by the holding of the position. The full application provides the Commission with information about any interlocking position for which the applicant seeks authorization including, but not limited to, a description of duties and the estimated time devoted to the position.

    An informational application, specified in 18 CFR 45.9, allows an applicant to receive automatic authorization for an interlocked position upon receipt of the filing by the Commission. The informational application applies only to those individuals who seek authorization as: (1) An officer or director of two or more public utilities where the same holding company owns, directly or indirectly, that percentage of each utility's stock (of whatever class or classes) which is required by each utility's by-laws to elect directors; (2) an officer or director of two public utilities, if one utility is owned, wholly or in part, by the other and, as its primary business, owns or operates transmission or generation facilities to provide transmission service or electric power for sale to its owners; or (3) an officer or director of more than one public utility, if such person is already authorized under part 45 to hold different positions as officer or director of those utilities where the interlock involves affiliated public utilities.

    Pursuant to 18 CFR 45.5, in the event that an applicant resigns or withdraws from Commission-authorized interlocked positions or is not re-elected or re-appointed to such interlocked positions, the Commission requires that the applicant submit a notice of change within 30 days from the date of the change.

    Type of Respondents: Individuals who plan to concurrently become officers or directors of public utilities and of certain other covered entities must request authorization to hold such interlocking positions by submitting a FERC-520.

    Estimate of Annual Burden:1 The Commission estimates the total annual burden and cost 2 for this information collection as follows:

    FERC-520 Application for Authority To Hold Interlocking Directorate Positions Number of
  • respondents
  • Annual
  • number of
  • responses per respondent
  • Total number of responses Average
  • burden and cost
  • per response
  • Total annual
  • burden hours
  • (total annual cost)
  • Cost per
  • respondent
  • ($)
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) Full 16 1 16 50 hrs.; $3,825 800 hrs.; $61,200 $3,825 Informational 500 1 500 8 hrs.; $612 4,000 hrs.; $306,000 612 Notice of Change 200 1 200 0.25 hrs.; $19.13 50 hrs.; $3,825 19.13 Total 4,850 hrs.; $371,025
    FERC-561 [Annual Report of Interlocking Positions] OMB Control No.: 1902-0099

    Abstract: The FERC Form 561 responds to the FPA requirements for annual reporting of similar types of positions which public utility officers and directors hold with financial institutions, insurance companies, utility equipment and fuel providers, and with any of an electric utility's 20 largest purchasers of electric energy (i.e., the 20 entities with high expenditures of electricity). The FPA specifically defines most of the information elements in the Form 561 including the information that must be filed, the required filers, the directive to make the information available to the public, and the filing deadline.

    The Commission uses the information required by 18 CFR 131.31 and collected by the Form 561 to implement the FPA requirement that those who are authorized to hold interlocked directorates annually disclose all the interlocked positions held within the prior year. The Form 561 data identifies persons holding interlocking positions between public utilities and other entities, allows the Commission to review these interlocking positions, and allows identification of possible conflicts of interest.

    Type of Respondents: Public utility officers and directors holding financial positions, insurance companies, security underwriters, electrical equipment suppliers, fuel provider, and any entity which is controlled by these.

    Estimate of Annual Burden:1 The Commission estimates the total annual burden and cost 2 for this information collection as follows:

    FERC Form 561—Annual Report of Interlocking Positions Number of respondents Annual
  • number of
  • responses per
  • respondent
  • Total number
  • of responses
  • Average
  • burden and cost
  • per response
  • Total annual
  • burden hours and total
  • annual cost
  • Cost per
  • respondent
  • ($)
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) 2,700 1 2,700 0.25 hrs.; $19.13 675.00 hrs.; $51,637.50 $19.13
    FERC-583 [Annual Kilowatt Generating Report (Annual Charges)] OMB Control No.: 1902-0136

    Abstract: The FERC-583 is used by the Commission to implement the statutory provisions of section 10(e) of the Federal Power Act (FPA) (16 U.S.C. 803(e)), which requires the Commission to collect annual charges from hydropower licensees for, among other things, the cost of administering part I of the FPA and for the use of United States dams. In addition, section 3401 of the Omnibus Budget Reconciliation Act of 1986 (OBRA) authorizes the Commission to “assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year.” The information is collected annually and used to determine the amounts of the annual charges to be assessed licensees for reimbursable government administrative costs and for the use of government dams. The Commission implements these filing requirements in the Code of Federal Regulations (CFR) under 18 CFR part 11.1 through 11.8.4

    4 As discussed in 18 CFR part 11, selected federal agencies (such as the United States Fish and Wildlife Service and the National Marine Fisheries Service) submit annual reports to the Commission on their federal costs in administering part I of the Federal Power Act. The filing requirements imposed on those federal agencies are not collected for general statistical purposes and are not a “collection of information” as defined by 5 CFR 1320.3(c)(3). (The form and additional information on the information provided by those agencies is posted at https://www.ferc.gov/docs-filing/forms.asp#ofa.)

    Type of Respondent: FERC-regulated private and public hydropower licensees.

    Estimate of Annual Burden:1 The Commission estimates the total annual burden and cost 2 for this information collection as follows:

    FERC-583—Annual Kilowatt Generating Report [Annual Charges] Number of respondents 5 Annual
  • number of
  • responses per
  • respondent
  • Total number
  • of responses
  • Average
  • burden and cost
  • per response
  • Total annual
  • burden hours
  • and total
  • annual cost
  • Cost per
  • respondent
  • ($)
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) 520 1 520 2 hrs.; $153 1,040 hrs.; $79,560 $153
    Dated: March 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06420 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2221-038] Empire District Electric Company; Notice of Intent To File License Application, Filing of Pre-Application Document (PAD), Commencement of Pre-Filing Process, and Scoping; Request for Comments on the PAD and Scoping Document, and Identification of Issues and Associated Study Requests

    a. Type of Filing: Notice of Intent to File License Application for a New License and Commencing Pre-filing Process.

    5 Based on data from Fiscal Year 2016, there were 520 projects, owned by 242 FERC-regulated private and public licensees. Many of the licensees owned multiple projects.

    b. Project No.: 2221-038.

    c. Dated Filed: January 26, 2017.

    d. Submitted By: Empire District Electric Company.

    e. Name of Project: Ozark Beach Hydroelectric Project.

    f. Location: On the White River near the Town of Forsyth, in Taney County, Missouri. The project occupies 5.1 acres of United States lands administered by the U.S. Army Corps of Engineers.

    g. Filed Pursuant to: 18 CFR part 5 of the Commission's Regulations.

    h. Potential Applicant Contact: Blake Mertens, Vice President of Energy Supply and Delivery Operations, Empire District Electric Company, P.O. Box 127, Joplin, MO 64802, (417) 625-6587 or [email protected]; and Randy Richardson, Plant Manager, Empire District Electric Company, 2537 Fir Road, Sarcoxie, MO 64862, (417) 625-6138 or [email protected]

    i. FERC Contact: Colleen Corballis at (202) 502-8598 or email at [email protected]

    j. Cooperating agencies: Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues that wish to cooperate in the preparation of the environmental document should follow the instructions for filing such requests described in item o below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. See 94 FERC ¶ 61,076 (2001).

    k. With this notice, we are initiating informal consultation with: (a) The U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR, Part 402 and (b) the State Historic Preservation Officer, as required by section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2.

    l. With this notice, we are designating Empire District Electric Company as the Commission's non-federal representative for carrying out informal consultation, pursuant to section 7 of the Endangered Species Act and section 106 of the National Historic Preservation Act.

    m. Empire District Electric Company filed with the Commission a Pre-Application Document (PAD; including a proposed process plan and schedule), pursuant to 18 CFR 5.6 of the Commission's regulations.

    n. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site (http://www.ferc.gov), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). A copy is also available for inspection and reproduction at the address in paragraph h.

    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    o. With this notice, we are soliciting comments on the PAD and Commission's staff Scoping Document 1 (SD1), as well as study requests. All comments on the PAD and SD1, and study requests should be sent to Randy Richardson at the address above in paragraph h. In addition, all comments on the PAD and SD1, study requests, requests for cooperating agency status, and all communications to and from Commission staff related to the merits of the potential application must be filed with the Commission.

    The Commission strongly encourages electronic filing. Please file all documents 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] 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-2221-038.

    All filings with the Commission must bear the appropriate heading: “Comments on Pre-Application Document,” “Study Requests,” “Comments on Scoping Document 1,” “Request for Cooperating Agency Status,” or “Communications to and from Commission Staff.” Any individual or entity interested in submitting study requests, commenting on the PAD or SD1, and any agency requesting cooperating status must do so by May 26, 2017.

    p. Although our current intent is to prepare an environmental assessment (EA), there is the possibility that an Environmental Impact Statement (EIS) will be required. Nevertheless, this meeting will satisfy the NEPA scoping requirements, irrespective of whether an EA or EIS is issued by the Commission.

    Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of the project at the times and places noted below. The daytime meeting will focus on resource agency, Indian tribes, and non-governmental organization concerns, while the evening meeting is primarily for receiving input from the public. We invite all interested individuals, organizations, and agencies to attend one or both of the meetings, and to assist staff in identifying particular study needs, as well as the scope of environmental issues to be addressed in the environmental document. The times and locations of these meetings are as follows:

    Evening Scoping Meeting

    Date: April 18, 2017.

    Time: 6:30 p.m.

    Location: Taney County Courthouse, 1st Floor Hearing Room, 132 David Street, Forsyth, MO 65653.

    Phone: (417) 546-7204.

    Daytime Scoping Meeting

    Date: April 19, 2017.

    Time: 9:00 a.m.

    Location: Taney County Courthouse, 1st Floor Hearing Room, 132 David Street, Forsyth, MO 65653.

    Phone: (417) 546-7204.

    SD1, which outlines the subject areas to be addressed in the environmental document, was mailed to the individuals and entities on the Commission's mailing list. Copies of SD1 will be available at the scoping meetings, or may be viewed on the web at http://www.ferc.gov, using the “eLibrary” link. Follow the directions for accessing information in paragraph n. Based on all oral and written comments, a Scoping Document 2 (SD2) may be issued. SD2 may include a revised process plan and schedule, as well as a list of issues, identified through the scoping process.

    Environmental Site Review

    The potential applicant and Commission staff will conduct an Environmental Site Review of the project on Tuesday, April 18, 2017, starting at 1:00 p.m. All participants should meet at the Ozark Beach Dam parking lot, located at 3292 State Highway Y, Forsyth, MO 65653. All participants are responsible for their own transportation. Anyone planning on participating in the site visit, or with questions about it, should contact Mr. Randy Richardson of Empire District Electric Company at (417) 625-6138 or [email protected] on or before April 11, 2017.

    Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the issues; (2) review and discuss existing conditions and resource management objectives; (3) review and discuss existing information and identify preliminary information and study needs; (4) review and discuss the process plan and schedule for pre-filing activity that incorporates the time frames provided for in Part 5 of the Commission's regulations and, to the extent possible, maximizes coordination of federal, state, and tribal permitting and certification processes; and (5) discuss the appropriateness of any federal or state agency or Indian tribe acting as a cooperating agency for development of an environmental document.

    Meeting participants should come prepared to discuss their issues and/or concerns. Please review the PAD in preparation for the scoping meetings. Directions on how to obtain a copy of the PAD and SD1 are included in paragraph n of this document.

    Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed in the public records of the project.

    Dated: March 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06421 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2835-008.

    Applicants: Google Energy LLC.

    Description: Compliance filing: Google Energy LLC Amended Market-Based Rate Tariff Filing to be effective 1/20/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5007.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-756-002.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2017-03-27_SA 2884 OTP-Crowned Ridge Wind—Amended GIA (G736) to be effective 3/16/2017.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5268.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-775-001.

    Applicants: PJM Interconnection, L.L.C.

    Description: Compliance filing: PJM Response to February 23, 2017 Deficiency Letter to be effective 2/1/2018.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5224.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-940-001.

    Applicants: Wisconsin Electric Power Company.

    Description: Tariff Amendment: Amendment to Wisconsin Electric FERC Electric Rate Schedule No. 137 to be effective 4/4/2017.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5273.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-1027-001.

    Applicants: New Creek Wind LLC.

    Description: Tariff Amendment: Re-collation filing clean-up to be effective 2/20/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5051.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1307-000.

    Applicants: Wisconsin River Power Company.

    Description: Tariff Cancellation: Cancellation—Combustion Turbine Power Purchase Contract to be effective 3/1/2017.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5136.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-1308-000.

    Applicants: Wabash Valley Power Association, Inc.

    Description: § 205(d) Rate Filing: Amendment to Formulary Rate Tariff—Optional Coop Solar Energy Rider to be effective 6/1/2017.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5200.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-1309-000.

    Applicants: Midcontinent Independent System Operator, Inc., Ameren Illinois Company.

    Description: § 205(d) Rate Filing: 2017-03-27_SA 2765 MidAmerican Energy Company-Ameren Illinois TIA to be effective 3/28/2017.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5211.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-1310-000.

    Applicants: New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: NYDPS section 205—cost allocation for PPTPP to be effective 5/26/2017.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5213.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-1311-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Cancellation: 2017-03-27_SA 2884 Cancellation of Amended G736 v32 to be effective 1/7/2017.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5270.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-1312-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2017-03-27 Department of Market Monitoring Oversight Committee Amendment to be effective 4/1/2017.

    Filed Date: 3/27/17.

    Accession Number: 20170327-5272.

    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-1313-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: SA 808—LGIA with Orion Wind Resources, LLC to be effective 3/31/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5000.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1314-000.

    Applicants: Arkwright Summit Wind Farm LLC.

    Description: Baseline eTariff Filing: MBR Application to be effective 5/28/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5070.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1315-000.

    Applicants: Meadow Lake Wind Farm V LLC.

    Description: Baseline eTariff Filing: MBR Application to be effective 5/28/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5072.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1316-000.

    Applicants: Quilt Block Wind Farm LLC.

    Description: Baseline eTariff Filing: MBR Application to be effective 5/28/2017.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5073.

    Comments Due: 5 p.m. ET 4/18/17.

    Docket Numbers: ER17-1317-000.

    Applicants: Duke Energy Progress, LLC, Duke Energy Carolinas, LLC.

    Description: § 205(d) Rate Filing: DEC-DEP PBOP Filing to be effective 1/1/2015.

    Filed Date: 3/28/17.

    Accession Number: 20170328-5075.

    Comments Due: 5 p.m. ET 4/18/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified 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 28, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-06470 Filed 3-31-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Western Area Power Administration TransWest Express Transmission Project Environmental Impact Statement (DOE/EIS-0450) AGENCY:

    Western Area Power Administration, DOE.

    ACTION:

    Record of decision.

    SUMMARY:

    The Western Area Power Administration (WAPA) and the U.S. Bureau of Land Management (BLM), acting as joint lead agencies, issued the proposed TransWest Express Transmission Project (Project) Final Environmental Impact Statement (EIS) (DOE/EIS-0450) on May 1, 2015. The Agency Preferred Alternative developed by WAPA and the BLM through the National Environmental Policy Act (NEPA) process and described in the Final EIS is summarized in this Record of Decision (ROD).

    Because the BLM and WAPA were joint lead agencies in the preparation of the EIS, each agency will issue its own ROD(s) addressing the overall Project and the specific matters within its jurisdiction and authority. This ROD constitutes WAPA's decision with respect to the alternatives considered in the Final EIS. The U.S. Forest Service (USFS), Bureau of Reclamation (BOR), and Utah Reclamation Mitigation Conservation Commission (URMCC) are cooperating agencies in the proposed Project based on their potential Federal action to issue use permits across lands under their respective management. These agencies also will issue their own decisions regarding their specific agency actions. Additional cooperating agencies include Federal, state, tribal, and local agencies.

    WAPA has selected the Agency Preferred Alternative identified in the Final EIS as the route for the Project. This decision on the route will enable design and engineering activities to proceed and help inform WAPA's Federal action(s) to consider any received or anticipated loan application permitted under its borrowing authority and/or exercise its options for participation in the Project. These considerations are contingent on the successful development of participation agreements as well as any and all documentation and commitments needed to satisfy financial underwriting standards.

    FOR FURTHER INFORMATION CONTACT:

    For information on WAPA's participation in the Project contact Stacey Harris, Public Utilities Specialist, Transmission Infrastructure Program (TIP) Office A0700, Headquarters Office, Western Area Power Administration, P.O. Box 281213, Lakewood, CO 80228-8213, telephone (720) 962-7714, facsimile (720) 962-7083, email [email protected] For information about the Project EIS process or to request a CD of the document, contact Steve Blazek, NEPA Document Manager, Natural Resources Office A7400, Headquarters Office, Western Area Power Administration, P.O. Box 281213, Lakewood, CO 80228-8213, telephone (720) 962-7265, facsimile (720) 962-7263, email [email protected] The Final EIS and this ROD are also available at http://energy.gov/nepa/downloads/eis-0450-final-environmental-impact-statement.

    For general information on the Department of Energy (DOE) NEPA process, please contact Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-54), U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585, telephone (202) 586-4600 or (800) 472-2756.

    SUPPLEMENTARY INFORMATION:

    TransWest Express LLC (TransWest) is the TransWest Express (TWE) Transmission Project (Project) proponent. The Project is proposed as an extra high voltage, direct current (DC) transmission system extending from south-central Wyoming to southern Nevada. The proposed transmission line (and alternatives) would cross four states (Wyoming, Colorado, Utah, and Nevada) encompassing lands owned or administered by the BLM, USFS, BOR, URMCC, National Park Service, various state agencies, Native American tribes, municipalities, and private parties. The Project would provide the transmission infrastructure and capacity necessary to deliver approximately 3,000 megawatts (MW) of electric power from renewable and/or non-renewable energy resources in south-central Wyoming to southern Nevada. The TransWest proposed action would consist of an approximately 725-mile-long, 600-kilovolt (kV), DC transmission line and two terminals, each containing a converter station that converts alternating current (AC) to DC or vice-versa. The northern AC/DC converter station would be located near Sinclair, Wyoming, and the southern AC/DC station near the Marketplace Hub in the Eldorado Valley, approximately 25 miles south of Las Vegas, Nevada. The Project would retain an option for a future interconnection with the existing Intermountain Power Project (IPP) transmission system in Millard County, Utah.

    In April 2009, TransWest submitted a Statement of Interest (SOI) to WAPA for consideration of its Project under the authority provided to WAPA under the American Recovery and Reinvestment Act of 2009 amendment of the Hoover Power Plant Act of 1984. WAPA is considering whether to use its borrowing authority, if a loan application is submitted and successfully underwritten, to finance and/or exercise its options for partial ownership in the proposed Project. TransWest's SOI prompted WAPA to initiate a request to the BLM to become a joint lead agency for the development of the EIS to determine the environmental impacts of the Project.

    TransWest also filed a Right-Of-Way (ROW) application with the BLM pursuant to Title V of the Federal Land Policy and Management Act of 1976, as amended, proposing to construct, operate, maintain, and eventually decommission a high-voltage electric transmission line on land managed by the BLM. The BLM initiated its own NEPA process to address whether to grant a ROW permit. Because both agencies had NEPA decisions to consider, WAPA and the BLM agreed to be joint lead agencies in accordance with NEPA, 40 CFR 1501.5(b), for the purpose of preparing the EIS for the Project. The agencies issued the Final EIS for the Project on November May 1, 2015.

    Each agency will issue its own ROD(s) addressing the overall Project and the specific matters within its jurisdiction and authority. While WAPA's potential involvement relates to use of its borrowing authority, the decision at hand is a selection of project route.

    Project Description

    TransWest's Proposed Action would include:

    • A 600-kV DC line, approximately 725 miles in length, extending across public and private lands in Wyoming, Colorado, Utah, and Nevada. The transmission line ROW would be approximately 250 feet wide;

    • Two terminal stations located at either end of the transmission line; the Northern Terminal located near Sinclair, Wyoming, and the Southern Terminal at the Marketplace Hub in the Eldorado Valley, within Boulder City, Nevada. Terminal facilities would include converter stations and related substation facilities necessary for interconnections to existing and planned regional AC transmission systems;

    • Access routes, including improvements to existing roads, new overland access, and new unpaved roads to access the proposed Project facilities and work areas during the construction, operation, and maintenance Project phases;

    • Ancillary facilities including a network of 15 to 20 fiber optic communication regeneration sites and two ground electrode facilities; and

    • Temporary construction sites that would include wire pulling/fly yards, material storage and concrete batch plant sites.

    TransWest also identified and retained two design options to provide the Project with flexibility to adapt to potential regional transmission changes. The design options do not currently meet the interests and objectives of the Project; however, they could be considered if/when capacity becomes available on the Southern Transmission Systems.

    Alternatives

    An iterative, adaptive process was used for this Project to identify an adequate range of alternative transmission corridors that directly respond to addressing potential resource or siting constraints and help inform decision-makers. Due to the length of the transmission line, the alternative transmission routes were split into four distinct regions for the purpose of presenting clear impact comparisons between alternative segments:

    • Region I: Sinclair, Wyoming, to Northwest Colorado near Rangely, Colorado;

    • Region II: Northwest Colorado to IPP near Delta, Utah;

    • Region III: IPP to North Las Vegas, Nevada; and

    • Region IV: North Las Vegas to Marketplace Hub in Boulder City, Nevada.

    One alternative within each of these regions is combined with the others to define a distinct end-to-end route from Wyoming to Nevada. A depiction of the four regions and the alternatives can be found as Figures 2-22 through 2-25 in Chapter 2 of the Final EIS.

    Alternatives Facilities and Transmission Line Routes for Four Regions Region I Northern Terminal

    The Northern Terminal would be located approximately three miles southwest of Sinclair, Wyoming (Carbon County) on private lands. The terminal would include an AC/DC converter station and adjacent AC substation. The AC/DC converter station would include a 600-kV DC switchyard; AC/DC conversion equipment; transformers; and multiple equipment, control, maintenance, and administrative buildings. Two buildings would house the AC/DC conversion equipment; smaller buildings would house the control room, control and protection equipment, auxiliary equipment; and cooling equipment. Connections to the existing transmission infrastructure also would be constructed. The three major components (AC/DC converter station, 500/230-kV AC substation, and 230-kV AC substation) are planned to be co-located and contiguous.

    Alternative I-A Transmission Line Route (Proposed Action)

    TransWest's proposed alignment would begin in Sinclair, Wyoming, and would travel west just south of the Interstate 80 (I-80) corridor to Wamsutter. At Wamsutter, it would turn south and generally follow the Carbon-Sweetwater county line along a corridor preferred by the Wyoming Governor's Office and Carbon and Sweetwater counties. It then would continue south-southwest across the Wyoming-Colorado state line and south along a corridor preferred by Moffat County and coordinated with the BLM Northwest Colorado District Office's ongoing greater sage-grouse planning effort. It would then intersect with U.S. Highway 40 (U.S.-40) just west of Maybell, Colorado. The alignment would then generally parallel U.S.-40, turning southwest toward the Colorado-Utah border.

    Alternative I-A is approximately 156 miles in length, 66 percent of which would be located on BLM lands. There would be 24 miles would be in BLM Resource Management Plan (RMP) utility corridors and 25 miles would be in West Wide Energy Corridors (WWECs). There would be approximately 201 miles of access roads associated with this alternative.

    Alternative I-B Transmission Line Route (Final EIS Agency Preferred Alternative)

    Alternative I-B as considered in the Final EIS would be the same as Alternative I-A for nearly its entire length, with one exception just north of the Wyoming-Colorado state line. A length of approximately 8 miles of Alternative I-B diverges to the southeast from Alternative I-A in this area to minimize potential impacts to areas eligible for historic trail designation.

    Alternative I-B includes is approximately 158 miles in length, 67 percent of which would be located on BLM lands. There would be 24 miles would be in BLM RMP utility corridors and 25 miles would be in WWECs. There would be approximately 204 miles of access roads associated with this alternative.

    Alternative I-C Transmission Line Route

    This alternative was developed to reduce the overall proliferation of utility corridors and associated impacts by following existing designated utility corridors. Alternative I-C would begin by following Alternative I-A to near Creston, Wyoming, where Alternative I-C would turn south and parallel Wyoming State Highway 789 (SH-789) toward Baggs, Wyoming. From there, Alternative I-C would continue south, deviating from SH-789 to the east and passing east of Baggs. After crossing into Colorado, this alternative would parallel Colorado State Highway 13 into Craig, Colorado. Alternative I-C would pass east and south of Craig, turning to the west after crossing U.S.-40, generally paralleling the highway and joining with Alternative I-A to the end of Region I.

    Alternative I-C is approximately 186 miles in length, 44 percent of which would be located on BLM lands. There would be 53 miles would be in BLM RMP utility corridors and 60 miles would be in WWECs. There would be 237 miles of access roads associated with this alternative.

    Alternative I-D Transmission Line Route

    Alternative I-D was developed to reduce multiple resource concerns, including impacts to visual resources and greater sage-grouse. It would follow the route of Alternative I-A, going west from Sinclair, Wyoming (Carbon County, Wyoming), basically paralleling I-80 in a designated WWEC, until turning south near Wamsutter. It would follow Alternative I-A south for approximately 15 miles. Alternative I-D then would diverge to the east, where it generally would parallel SH-789 at an offset distance of 2 to 5 miles to the west. Before reaching the Baggs area, Alternative I-D would turn west and follow the Shell Creek Stock Trail road for approximately 20 miles, where it would cross into Sweetwater County and again join Alternative I-A while turning south into Colorado (Moffat County).

    Alternative I-D is approximately 168 miles in length, 70 percent of which would be located on BLM lands. There would be 24 miles would be in BLM RMP utility corridors and 25 miles would be in WWECs. There would be 213 miles of access roads associated with this alternative.

    Alternative Variations, Connectors, and Micro-Siting Options

    There are no alternative variations within Region I. The Region I alternative connectors were removed from further consideration at the request of the lead agencies in response to public comments received on the Draft EIS.

    Two micro-siting options have been developed to address specific land use concerns in all Region I alternative routes related to the Tuttle Ranch Conservation Easement and the Cross Mountain Ranch proposed conservation easement:

    • Tuttle Ranch Micro-siting Option 3; and

    • Tuttle Ranch Micro-siting Option 4.

    Tuttle Ranch Micro-siting Option 3 would avoid the Tuttle Ranch Conservation Easement, but would cross the NPS Deerlodge Road west of U.S.-40 and would cross the largest portion of the Cross Mountain Ranch property. Tuttle Ranch Micro-siting Option 4 would avoid the Tuttle Ranch Conservation Easement and the NPS Deerlodge Road, and would cross the least amount of the Cross Mountain Ranch property.

    Ground Electrode Locations

    One ground electrode system would be required within approximately 100 miles of the Northern Terminal to establish and maintain electrical current continuity during normal operations, and any unexpected outage of one of the two poles (or circuits) of the 600-kV DC terminal or converter station equipment. The ground electrode facility would consist of a network of approximately 60 deep earth electrode wells arranged along the perimeter of a circle expected to be about 3,000 feet in diameter. All wells at a site would be electrically interconnected and wired via approximately 10 low-voltage underground cable “spokes” to a small control building. A low voltage electrode line would connect the ground electrode facilities to the AC/DC converter stations. General siting areas and conceptual alternative site locations have been identified in Regions I; selection of specific location of the ground electrode systems would be identified during final engineering and design stages.

    There are four potential locations for ground electrode systems in Region I (Bolten Ranch, Separation Flat, Separation Creek, and Eight Mile Basin). All locations would apply to all alternatives.

    Region II Alternative II-A Transmission Line Route (Proposed Action)

    The TransWest proposed alignment would continue into Utah in a westerly direction, and then deviate south from U.S.-40 toward Roosevelt, Utah. From Roosevelt, it would pass north of Duchesne, again paralleling U.S.-40 for several miles, then turn southwest and cross the Uinta National Forest Planning Area 1 generally within a designated WWEC, then turn west along U.S. Highway 6 (U.S.-6) and Soldier Creek. At the junction with U.S. Highway 89 (U.S.-89), Alternative II-A would then turn south generally along U.S.-89 where it would cross a portion of the Manti-La Sal National Forest. The alignment would pass through Salt Creek Canyon then north around Nephi. It would continue west and then turn southwest following a path north of and adjacent to IPP. Portions of this corridor have been identified as preferred in a joint resolution by representatives of Juab and Millard counties.

    1 In March 2008, the Uinta National Forest and the Wasatch-Cache National Forest were combined into one administrative unit (Uinta-Wasatch-Cache National Forest). Each of these forests continues to operate under individual forest plans approved in 2003. The term Uinta National Forest Planning Area is used to refer to that portion of the Uinta-Wasatch-Cache National Forest managed under the Uinta National Forest Land and Resource Management Plan.

    Alternative II-A would be approximately 258 miles in length, 45 percent of which would be located on BLM/USFS lands. There would be approximately 34 miles in BLM RMP utility corridors and 63 miles would be in WWECs. There would be approximately 395 miles of access roads associated with this alternative.

    Alternative II-B Transmission Line Route

    Alternative II-B was developed to address impacts to private lands and to generally follow established utility corridors. These corridors are designated for underground utilities only and use of the corridor for the transmission line would require a plan amendment. The route would travel southwest in Colorado from the beginning of Region II, cross the Yampa River, and pass east of Rangely, Colorado. It would continue southwest where it would cross the Colorado-Utah state line and turn generally south, crossing back into Colorado in the Baxter Pass area. At that location, it would intersect the Interstate 70 (I-70) corridor, turning in a southwesterly and westerly direction, paralleling I-70. After passing south of Green River, Utah, Alternative II-B would diverge from I-70 and turn to the north along U.S. Highway 191 (U.S.-191). This highway generally would be followed until just south of the Emery-Carbon county line, where Alternative II-B would turn west and pass near the county line for approximately 25 miles. Then it would generally would turn south, pass west of Huntington, Utah, turn northwest, cross a portion of the Manti-La Sal National Forest, and pass northeast of Mount Pleasant, Utah. From there, it would pass through Salt Creek Canyon to Nephi, and then south around Nephi. It then would turn southwest and west adjacent to IPP, following a path south of Alternative II-A across a portion of the Fishlake National Forest.

    Alternative II-A would be approximately 346 miles in length, 65 percent of which would be located on BLM/USFS lands. There would be approximately 136 miles would be in BLM RMP utility corridors and 33 miles would be in WWECs. There would be 492 miles of access roads associated with this alternative.

    Alternative II-C Transmission Line Route

    Alternative II-C also would decrease impacts to private lands and generally would follow established utility corridors as well as avoid USFS IRAs. Alternative II-C would follow Alternative II-B through Colorado, along I-70 into Utah, and north at US-191. Approximately 15 miles north on US-191, Alternative II-C would diverge from Alternative II-B and turn in a general westerly direction toward Castle Dale. Approximately 3 miles east of Castle Dale, this alternative would turn south and roughly parallel Utah State Highway 10 at a distance of approximately 3 miles to the east. The alternative would cross Utah State Route 10 near the Emery-Sevier county line and turn west, again generally following the I-70 corridor across a portion of the Fishlake National Forest into the Salina, Utah, area. Alternative II-C would pass south of Salina, turn north, and parallel U.S. Highway 50 toward Scipio, Utah. The alternative would turn west and pass Scipio on the south, again crossing a portion of the Fishlake National Forest, then turn north, passing east of Delta, Utah, continuing into IPP.

    Alternative II-C would be approximately 365 miles in length, 67 percent of which would be located on BLM/USFS lands. Approximately 146 miles would be in BLM RMP utility corridors and 17 miles would be in WWECs. There would be 488 miles of access roads associated with this alternative.

    Alternative II-D Transmission Line Route

    This alternative was developed to avoid USFS IRAs and to provide additional northern route options to avoid impacts to historic trails and areas designated for special resource management along the southern routes (Alternatives II-B and II-C). It would begin along the same route as Alternative II-A. However, as it would enter Utah, it would diverge briefly to follow a designated utility corridor, causing it to zigzag once across Alternative II-A. It then would diverge to the south of the designated utility corridor and turn west-southwest, skirting the edge of the Ashley National Forest. Alternative II-D would cross into Carbon County northwest of Price, and then turn southwest in the Emma Park area along US-191. It would follow this highway west of Helper, across a portion of the Manti-La Sal National Forest and then turn west toward Salt Creek Canyon where it would join and follow Alternative II-B, skirt the edge of the Uinta National Forest Planning Area, then join and follow Alternative II-A into IPP.

    Alternative II-D is approximately 259 miles in length, 57 percent of which would be located on BLM/USFS lands. Approximately 71 miles would be in BLM RMP utility corridors and 46 miles would be in WWECs. There would be 422 miles of access roads associated with this alternative.

    Alternative II-E Transmission Line Route

    Alternative II-E also was developed to provide additional northern route options to address the previously mentioned resource impacts from the southern routes. This alternative would follow Alternative II-D into Utah and along the designated utility corridor, zigzagging across Alternative II-A. It then would rejoin Alternative II-A to continue west across the Uintah/Duchesne county line. Approximately 10 miles east of Duchesne, Alternative II-E would turn southwest and generally parallel SH-191, offset by 1 to 6 miles, through a utility window of the Ashley National Forest. At the Utah-Carbon county line, this alternative would turn west through the Emma Park area, then northwest along US-6 through a utility window of the Uinta National Forest Planning Area until rejoining Alternative II-A and following its siting through the Manti-La Sal National Forest to Salt Creek Canyon. At this canyon, Alternative II-E would begin to follow the alignment of Alternative II-B south of Nephi, then join and follow Alternative II-A adjacent and into IPP.

    Alternative II-E is approximately 268 miles in length, 44 percent of which would be located on BLM/USFS lands. Approximately 40 miles would be in BLM RMP utility corridors and 66 miles would be in WWECs. There would be approximately 412 miles of access roads associated with this alternative.

    Alternative II-F Transmission Line Route

    Alternative II-F was adjusted in the Final EIS at the request of the lead agencies in response to public comments on the Draft EIS. This alternative combines portions of other alternatives in the region and contains unique segments in the Emma Park area that together would minimize impacts to USFS IRAs, Tribal and private lands, greater sage-grouse habitat, and avoid impacts to National Historic Trails (NHT). It would begin in southwest Moffat County (Colorado) by following Alternative II-A in designated WWEC and BLM utility corridors. As it enters Utah (Uintah County), it would separate from Alternative II-A to the northwest and follow the designated utility corridors, which then turn southwest and cross Alternative II-A. It then would diverge to the south off of the designated WWEC (still following the BLM-designated corridor) and turn west-southwest, crossing the Uintah and Ouray Indian Reservation. It then would cross into Duchesne County, where it would turn west-southwest out of the BLM utility corridor, skirt the Ashley National Forest and generally follow the southern county line. The alternative would follow Argyle Ridge west and US-191 to the southwest for a short distance and then would turn west and follow the base of Reservation Ridge. It would then turn northwest and cross US-6 at Soldier Summit where it would turn west-northwest and follow US-6 to Thistle (Utah County) through a portion of designated WWEC and BLM utility corridors and a utility window of the Uinta National Forest Planning Area. It then would turn south, following US-89 for about 10 miles and through a portion of the Manti-La Sal National Forest before cutting south-southwest (Sanpete County) to Utah State Route 132. At this highway, it would turn west into Nephi (Juab County) and follow a path south around the community and continue west until turning southwest where it would parallel US-6 north of Lynndyl for a short distance, then diverging west, southwest and finally west along the southern edge of the Millard-Juab county line into IPP north of Delta (Millard County); the end of Region II.

    Alternative II-F is approximately 265 miles in length, 55 percent of which would be located on BLM/USFS lands. Approximately 72 miles would be in BLM RMP utility corridors and 31 miles would be in WWECs. There would be approximately 455 miles of access roads associated with this alternative.

    Alternative II-G Transmission Line Route (Final EIS Agency Preferred Alternative)

    Alternative II-G is a reconfiguration of segments that are also included in multiple other alternatives, mainly Alternatives II-A and II-F. This specific alternative configuration was not included in the Draft EIS, but was added to the Final EIS to reflect the Agency Preferred Alternative in Region II. This alternative avoids crossing Tribal trust lands of the Uintah and Ouray Indian Reservation, while also avoiding NHT, maximizing avoidance of potential habitat of Federally protected plant species, and maximizing co-location with existing above-ground utilities. It would begin in southwest Moffat County (Colorado) by following the other alternatives in designated WWEC and BLM utility corridors. After entering Utah, this alternative would follow Alternatives II-F, II-D, and II-E and continue along the designated utility corridor, zigzagging across Alternative II-A. At this point, it would follow Alternative II-E to the northwest, and rejoin Alternative II-A to continue west across the Uintah/Duchesne county line. Alternative II-G would continue to follow Alternative II-A to near Fruitland. East of Fruitland it would diverge from Alternative II-A, but parallel closely to the south for several miles avoiding a conservation easement, and then rejoin Alternative II-A. The alignment would then turn southwest and cross portions of the Uinta National Forest Planning Area, then turn west along US-6 and Soldier Creek, rejoining Alternative II-F. At the junction with US-89, Alternative II-G would then turn south generally along US-89 where it would cross a portion of the Manti-La Sal National Forest. The alignment would pass through Salt Creek Canyon. Here Alternative II-G would again diverge from Alternative II-A and pass south around Nephi. It would continue west and then turn southwest following a path north of and adjacent to IPP. Portions of this corridor have been identified as preferred in a joint resolution by representatives of Juab and Millard counties.

    Alternative II-G is approximately 252 miles in length, 45 percent of which would be located on BLM/USFS lands. Approximately 32 miles would be in BLM RMP utility corridors and 63 miles would be in WWECs. There would be approximately 395 miles of access roads associated with this alternative.

    Alternative Variations, Connectors, and Micro-Siting Options

    One alternative variation (Reservation Ridge Alternative Variation) was developed to address potential impacts to greater sage-grouse issues along comparable portions of Alternative II-F.

    Micro-siting options for Alternative II A and Alternative II-G have been developed to address concerns with construction in Uinta National Forest Planning Area IRAs at a location where the designated WWEC offsets from a continual corridor: Strawberry IRA Micro-siting Option 2 and Strawberry IRA Micro-siting Option 3.

    Three micro-siting options for Alternative II-A and Alternative II-G were also developed and to address conflicts with siting through the Town of Fruitland, a Utah Division of Wildlife Resources conservation easement, and greater sage-grouse habitat:

    • Fruitland Micro-siting Option 1;

    • Fruitland Micro-siting Option 2; and

    • Fruitland Micro-siting Option 3.

    Five alternative connectors were developed in Region II to provide the flexibility to combine alternative segments to address resource conflicts. One connector could be used with Alternative II-B, two connectors could be used with Alternative II-C and one could be used with Alternative II-E.

    Region III Alternative III-A Transmission Line Route (Proposed Action)

    The TransWest proposed alignment would leave IPP to the west and turn south toward Milford, Utah, following the WWEC. For the remainder of Utah, the alignment roughly would parallel Interstate 15 (I-15) approximately 20 miles west of the highway. The alignment would pass west of Milford, then generally trend south-southwest, passing east of Enterprise, Utah, across a portion of the Dixie National Forest, and directly west of Central, Utah; exiting Utah just north of the southwest corner of the state. In Nevada, the alignment would cross I-15 west of Mesquite, Nevada, and remain on the south side of I-15 until reaching the North Las Vegas area northeast of Nellis Air Force Base.

    Alternative III-A is approximately 276 miles in length, 84 percent of which would be located on BLM/USFS lands. Approximately 67 percent of the route would be within a designated RMP or WWEC (107 miles and 158 miles, respectively). There would be approximately 335 miles of access roads associated with this alternative.

    Alternative III-B Transmission Line Route

    Alternative III-B was developed to decrease resource impacts in southwestern Utah (including potential impacts to the Mountain Meadows National Historic Landmark and Site and IRAs in the Dixie National Forest). It would begin following Alternative III-A through Millard and Beaver counties. Near the Beaver-Iron county line, it would diverge toward the west. Alternative III-B would follow a west-southwest course, crossing into Lincoln County, Nevada, near Uvada, Utah, where it would turn to a general southerly direction, rejoining Alternative III-A to the northwest of Mesquite. It then would diverge to the west from Alternative III-A approximately 16 miles west of Mesquite, cross into Clark County, pass southeast of Moapa, Nevada, pass through the designated utility corridor on the Moapa Reservation, and rejoin Alternative III-A approximately 4 miles north of the end of Region III.

    Alternative III-B is approximately 284 miles in length, 74 percent of which would be located on BLM lands. Approximately 54 percent of the route would be within a designated RMP or WWEC (103 miles and 80 miles, respectively). There would be approximately 320 miles of access roads associated with this alternative.

    Alternative III-C Transmission Line Route

    Alternative III-C also was developed to address the same resource impacts as Alternative III-B and to take advantage of an existing corridor with existing transmission line development, thereby potentially consolidating cumulative transmission line impacts. This alternative would follow Alternatives III-A and III-B before diverging from them shortly after traveling west out of IPP, where it would follow the existing IPP power line to the south for approximately 30 miles and then rejoin Alternative III-B to the Utah-Nevada state line. After passing into Nevada at Uvada, Alternative III-C would turn west away from Alternative III-B, passing north of Caliente, Nevada; turning south approximately 15 miles west of Caliente. This alternative would follow that southern course, intersecting with U.S. Highway 93 and paralleling the highway for all but the last 15 miles into North Las Vegas. Alternative III-C would rejoin Alternative III-A northeast of Nellis Air Force Base at the end of Region III.

    Alternative III-C is approximately 308 miles in length, 83 percent of which would be located on BLM lands. Approximately 63 percent of the route would be within a designated RMP or WWEC (160 miles and 121 miles, respectively). There would be approximately 338 miles of access roads associated with this alternative.

    Alternative III-D Transmission Line Route (Final EIS Agency Preferred Alternative)

    Alternative III-D was developed as a minor reconfiguration to Alternative III-B for the purpose of decreased resource impacts in southwestern Utah (including potential impacts to the Mountain Meadows NHL and Site and IRAs in the Dixie National Forest) as well as addressing concerns raised by the DOD. Alternative III-D would begin following Alternative III-B, and then diverge through Millard County to maintain co-location with the existing IPP power line to the south for approximately 30 miles, and then rejoin Alternative III-B through the remainder to the Region III.

    Alternative III-D is approximately 281 miles in length, 75 percent of which would be located on BLM/USFS lands. Approximately 55 percent of the route would be within a designated RMP or WWEC (137 miles and 50 miles, respectively). There would be approximately 303 miles of access roads associated with this alternative.

    Alternative Variations, Connectors, and Micro-Siting Options

    Three alternative variations were developed to address potential impacts to the Mountain Meadows National Historic Landmark resulting from Alternative III-A: The Ox Valley East Variation, the Ox Valley West and the Pinto Alternative Variation.

    Three alternative connectors were also developed in Region III to provide the flexibility to combine alternative segments to address resource conflicts. One connector could be used with Alternative III-A, two connectors could be used with Alternative III-B and III-D and one could be used with Alternative III-C.

    Ground Electrode Locations

    There are eight potential locations for ground electrode systems in Region III. Three of the locations would only apply to Alternative III-A (Mormon Mesa-Carp Elgin Rd, Halfway Wash-Virgin River, and Halfway Wash East); three would apply only to Alternative III-B or Alternative III-D (Mormon Mesa-Carp Elgin Rd, Halfway Wash-Virgin River, and Halfway Wash East), one would apply only to Alternative III-C (Meadow Valley 2) and one would apply only to Design Option 2 as discussed in the Final EIS.

    Region IV Southern Terminal

    The Southern Terminal facilities would be located in the Eldorado Valley on private land, within the city limits of Boulder City, in Clark County, Nevada. The Southern Terminal would include an AC/DC converter station and adjacent AC substation. The AC/DC converter station would include a 600-kV DC switchyard and a converter building containing power electronics and control equipment.) The Southern Terminal would connect to all four of the existing 500-kV substations (Eldorado, Marketplace, Mead, and McCullough) located at the Marketplace Hub. Connections to the existing transmission infrastructure at the Mead and Marketplace substations would be via the existing Mead-Marketplace 500-kV transmission line, and connections to the Eldorado and McCullough substations also would be constructed. The three major components (AC/DC converter station, 500/230-kV AC substation, and 230-kV AC substation) are planned to be co-located and contiguous.

    Alternative IV-A Transmission Line Route (Proposed Action and Final EIS Agency Preferred Alternative)

    The TransWest proposed action would follow a designated WWEC following existing transmission lines running to the south, passing North Las Vegas to the east, and through the Rainbow Gardens area. It would run between Whitney, Nevada, and the Lake Las Vegas development skirting the edge of Henderson, Nevada. It would then turn in a general southwest direction at Railroad Pass, and then in a southern direction to the Marketplace endpoint.

    Alternative IV-A is approximately 37 miles in length, 92 percent of which would be located on Federally managed lands. There would be 11 miles of BLM RMP corridors and 14 miles of designated WWEC. There would be 49 miles of access roads associated with this alternative.

    Alternative IV-B Transmission Line Route

    Alternative IV-B would follow the proposed alternative for approximately seven miles, diverge to the southeast as it passed directly east of Nellis Air Force Base and travel south through the Lake Mead National Recreation Area (NRA), passing between the Lake Las Vegas development and Lake Mead. Along the south edge of Lake Las Vegas, it would turn southwest, north of the Boulder City, Nevada, then turn west and join with Alternative IV-A west of Henderson to the Marketplace endpoint. This alternative was originally developed to provide an alternative that did not require crossing the recent congressionally released Sunrise Mountain Instant Study Area (ISA).

    Alternative IV-B is approximately 40 miles in length, 55 percent of which would be located on Federally managed lands. There would be 5 miles of BLM RMP corridors and 5 miles of designated WWEC. There would be 51 miles of access roads associated with this alternative.

    Alternative IV-C Transmission Line Route

    Alternative IV-C would decrease impacts to populated areas. This alternative would follow Alternative IV-B through the Lake Mead NRA and between the Lake Las Vegas development and Lake Mead to north of the Boulder City. It would then continue south before it turned southwest around the southeast edge of the metropolitan area of Boulder City, and into the Marketplace endpoint. It also was originally developed to provide an alternative that did not require crossing the recent congressionally released Sunrise Mountain ISA. Alternative IV-C is approximately 44 miles in length, 55 percent of which would be located on Federally managed lands. There would be 5 miles of BLM RMP corridors and 5 miles of designated WWEC. There would be 54 miles of access roads associated with this alternative.

    Alternative Variations, Connectors, and Micro-Siting Options

    One alternative variation (the Marketplace Variation) was developed to address impacts to private lands located on Alternative IV-B.

    Five alternative connectors were developed in Region IV to provide the flexibility to combine alternative segments to address resource conflicts. Each of the five connectors could be used with Alternative IV-B and four would be used with Alternative IV-C.

    No Action Alternative

    Under the No Action Alternative, the BLM and USFS would not issue ROW grants or special use permits and the Project would not be constructed. Under the No Action Alternative, WAPA would not assume ownership interest or provide funding to the Project. No RMPs or Forest Plans would need to be amended if the No Action Alternative were selected.

    Environmentally Preferable Alternative

    The Council on Environmental Quality (CEQ) regulations (40 CFR 1505.2(b)) require the ROD to identify one or more environmentally preferred alternatives. An environmentally preferred alternative is an alternative that causes the least damage to the biological and physical environment and best protects, preserves, and enhances historic, cultural, and natural resources.

    Because it would cause the least damage to the biological and physical environment, WAPA has determined that the No Action Alternative is the environmentally preferable alternative.

    However, the No Action Alternative would not allow development of a project that would potentially transmit renewable and conventional energy, and would not meet WAPA's purpose and need, including the facilitation of delivery of renewable energy. For these reasons WAPA has not selected the No Action Alternative.

    Identification of the environmentally preferable alternative among the action alternatives involves some difficult judgments regarding tradeoffs between different natural and cultural impacts and values. After considering these tradeoffs, WAPA has determined that the Agency Preferred Alternative is the environmentally preferable action alternative. Among other things, WAPA selected the Agency Preferred Alternative because it:

    • Maximizes use of existing utility corridors and co-location with existing transmission to the extent practicable;

    • Avoids or minimizes impacts to physical, biological, and cultural resource that are regulated by law (Endangered Species Act, Clean Water Act, etc.);

    • Minimizes impacts to sage-grouse habitat;

    • Minimizes impacts to big game crucial winter range;

    • Avoids desert tortoise habitat in Utah, and minimizes impacts to desert tortoise in Nevada;

    • Avoids potential habitat for threatened and endangered plant species, including Uintah Basin hookless cactus;

    • Minimizes impacts to modeled potentially suitable clay phacelia habitat;

    • Minimizes impacts to the Overland Trail and Cherokee trail by crossing the trails at segments that are not eligible for the National Register of Historic Places (NRHP);

    • Minimizes impacts to important and sensitive cultural and historic resources in southwestern Utah by avoiding the crossings in and near the Dixie National Forest, which has the highest known and expected density of archaeological sites among the alternatives. These resources include three sites of particular cultural importance: Yellow-Springs cultural complex, Mountain Meadows National Historic Landmark, and the Old Spanish NHT; and

    • Avoids the Old Spanish NHT in the Moab and Price BLM Field Office areas.

    Section 7 and Section 106 Consultation

    The BLM, as the main affected Federal land management agency, retained the lead role for Section 7 and Section 106 consultation. Consultation with the U.S. Fish and Wildlife Service resulted in the issuance of a final Biological Opinion on November 10, 2015. The requirements of the Biological Opinion will apply to the entire Project. The Biological Opinion is provided as Appendix C of the BLM ROD. WAPA executed the Project Programmatic Agreement as an invited signatory to the Section 106 process. The Programmatic Agreement will govern Section 106 actions as they apply to the entire Project and is provided as Appendix E of the BLM ROD.

    Mitigation Measures

    Minimization of environmental impacts was an integral part of Project design, routing, and planning. Appendix C to the Final EIS was a compilation of all involved Federal agencies' best management practices, design features, specific stipulations, standards, and guidelines to minimize Project impacts that were considered by the appropriate agencies. Informed by Appendix C to the Final EIS, TransWest and the BLM have developed an extensive Plan of Development (POD) (Appendix B to the BLM ROD). All practicable means have been adopted to avoid or minimize environmental harm. WAPA may implement applicable provisions of the POD and its attached framework plans on State and private lands as appropriate.

    WAPA's Decision

    Informed by the analyses and environmental impacts documented in the Final EIS, WAPA has selected 2 the Agency Preferred Alternative identified in the Final EIS as the route for the Project. The Agency Preferred Alternative route will be the basis for design and engineering activities that will finalize the centerline, ROW, and access road locations. Additionally, this ROD commits WAPA and TransWest to implement mitigation measures committed to in the project POD, as practicable, to minimize environmental impacts. WAPA will continue coordination of the detailed POD with TransWest, the BLM and other applicable land-managing agencies. Selection of the Agency Preferred Alternative will help inform WAPA's Federal action(s) to consider any received or anticipated loan application permitted under its borrowing authority and/or exercise its options for participation in the Project. These considerations are contingent on the successful development of participation agreements as well as any and all documentation and commitments needed to satisfy customary financial underwriting standards. This ROD was prepared in accordance with the requirements of the CEQ regulations for implementing NEPA (40 CFR parts 1500-1508) and DOE NEPA regulations (10 CFR part 1021).

    2 On November 16, 2011, DOE's Acting General Counsel restated the delegation to WAPA's Administrator all the authorities of the General Counsel respecting environmental impact statements.

    Dated: January 12, 2017. Mark A. Gabriel, Administrator.
    [FR Doc. 2017-06479 Filed 3-31-17; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9959-98-OECA] National Environmental Justice Advisory Council; Notification of Public Meeting, Public Teleconference and Public Comment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notification of public meeting.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act (FACA), the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the dates and times described below. All meetings are open to the public. Members of the public are encouraged to provide comments relevant to the specific issues being considered by the NEJAC. For additional information about registering to attend the meeting or to provide public comment, please see “Registration” under SUPPLEMENTARY INFORMATION. Due to a limited space, seating at the NEJAC meeting will be on a first-come, first served basis. Pre-registration is highly suggested.

    DATES:

    The NEJAC will convene Tuesday, April 25, 2017, through Thursday, April 27, 2017, starting at 6:00 p.m., Central Time Tuesday, April 25, 2017. The meeting will convene April 26-27, 2017, from 9:00 a.m. until 5:00 p.m., Central Time.

    One public comment period relevant to the specific issues being considered by the NEJAC (see SUPPLEMENTARY INFORMATION) is scheduled for Tuesday, April 25, 2017, starting at 6:00 p.m., Central Time. Members of the public who wish to participate during the public comment period are highly encouraged to pre-register by 11:59 p.m., Central Time on Monday, April 17, 2017.

    ADDRESSES:

    The NEJAC meeting will be held at the Crowne Plaza Minneapolis Northstar Downtown, 618 Second Avenue, Minneapolis, MN 55402.

    FOR FURTHER INFORMATION CONTACT:

    Questions or correspondence concerning the public meeting should be directed to Karen L. Martin, U.S. Environmental Protection Agency, by mail at 1200 Pennsylvania Avenue NW. (MC2201A), Washington, DC 20460; by telephone at 202-564-0203; via email at [email protected]; or by fax at 202-564-1624. Additional information about the NEJAC is available at https://www.epa.gov/environmentaljustice/national-environmental-justice-advisory-council.

    SUPPLEMENTARY INFORMATION:

    The Charter of the NEJAC states that the advisory committee “will provide independent advice and recommendations to the Administrator about broad, crosscutting issues related to environmental justice. The NEJAC's efforts will include evaluation of a broad range of strategic, scientific, technological, regulatory, community engagement and economic issues related to environmental justice.” The meeting discussion will focus on several topics including, but not limited to, environmental justice concerns of communities in Minneapolis, MN and surrounding areas and proactive efforts of states to advance environmental justice.

    Registration

    Registration for the April 25-27, 2017, pubic face-to-face meeting will be processed at https://nejac-spring-public-meeting-april-2017.eventbrite.com. Pre-registration is highly suggested. Registration for the April 26-27, 2017, pubic meeting teleconference option will be processed at https://nejac-spring-public-teleconference-april-2017.eventbrite.com. Pre-registration is required. Registration for the April 26-27, 2017, meeting closes at 11:59 p.m., Central Time on Monday, April 17, 2017. The deadline to sign up to speak during the public comment period, or to submit written public comments, is 11:59 p.m., Central Time on Monday, April 17, 2017. When registering, please provide your name, organization, city and state, email address, and telephone number for follow up. Please also indicate whether you would like to provide public comment during the meeting, and whether you are submitting written comments before the Monday, April 17, 2017, deadline.

    A. Public Comment

    Individuals or groups making remarks during the public comment period will be limited to seven (7) minutes. To accommodate the number of people who want to address the NEJAC, only one representative of a particular community, organization, or group will be allowed to speak. Written comments can also be submitted for the record. The suggested format for individuals providing public comments is as follows: Name of speaker; name of organization/community; city and state; and email address; brief description of the concern, and what you want the NEJAC to advise EPA to do. Written comments received by registration deadline, will be included in the materials distributed to the NEJAC prior to the teleconference. Written comments received after that time will be provided to the NEJAC as time allows. All written comments should be sent to Karen L. Martin, EPA, via email at [email protected]

    B. Information About Services for Individuals With Disabilities or Requiring English Language Translation Assistance

    For information about access or services for individuals requiring assistance, please contact Karen L. Martin, at (202) 564-0203 or via email at [email protected] To request special accommodations for a disability or other assistance, please submit your request at least fourteen (14) working days prior to the meeting, to give EPA sufficient time to process your request. All requests should be sent to the address, email, or phone/fax number listed in the FOR FURTHER INFORMATION CONTACT section.

    Dated: March 2, 2017. Matthew Tejada, Designated Federal Officer, National Environmental Justice Advisory Council.
    [FR Doc. 2017-06510 Filed 3-31-17; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0214 and 3060-0649] Information Collections Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before May 3, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-0214.

    Title: Sections 73.3526 and 73.3527, Local Public Inspection Files; Sections 73.1212, 76.1701 and 73.1943, Political Files.

    Form Number: None.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for profit entities; Not for profit institutions; State, local or Tribal government.

    Number of Respondents/Responses: 41,695 respondents; 63,364 responses.

    Estimated Hours per Response: 1-52 hours per response.

    Frequency of Response: On occasion reporting requirement, Recordkeeping requirement, Third party disclosure requirement.

    Total Annual Burden: 2,073,048 hours.

    Total Annual Cost: $3,667,339.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in sections 151, 152, 154(i), 303, 307, and 308 of the Communications Act of 1934, as amended.

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Act Assessment: No impact(s).

    Needs and Uses: The Commission is revising this collection to reflect the Commission's adoption of a Report and Order (“R&O”) in MB Docket No. 16-161, FCC 17-3, In the Matter of Revisions to Public Inspection File Requirements—Broadcaster Correspondence File and Cable Principal Headend Location, adopted on January 31, 2017. The R&O removes the information collection requirements and the associated burdens of 47 CFR 73.1202 and 73.3526(e)(9). This collection is being resubmitted as a result of the final rule—initially submitted at the proposed rule stage. The Commission is now seeking final approval from the information collection requirements from the Office of Management and Budget (OMB).

    While the general public does not need principal headend location information, that information must be made available to certain entities, including the FCC and local television stations. The R&O requires cable operators to provide this information to the FCC, television stations, and franchisors upon request. In lieu of responding to individual requests for such information, operators may alternatively elect voluntarily to provide this information to the Commission for inclusion in the Commission's online public inspection file (“OPIF”) database and may elect to make the information publicly available there.

    OMB Control Number: 3060-0649.

    Title: Section 76.1601, Deletion or Repositioning of Broadcast Signals; Section 76.1617, Initial Must-Carry Notice; Section 76.1607, Principal Headend.

    Form Number: Not applicable.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for profit entities; Not for profit institutions.

    Number of Respondents/Responses: 3,300 respondents; 3,950 responses.

    Estimated Hours per Response: 0.5 hours-1 hour.

    Frequency of Response: On occasion reporting requirement, Third party disclosure requirement.

    Total Annual Burden: 2,050 hours.

    Total Annual Cost: No cost.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in section 4(i) of the Communications Act of 1934, as amended.

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Act Assessment: No impact(s).

    Needs and Uses: The Commission is revising this collection to reflect the Commission's adoption of a Report and Order (“R&O”) in MB Docket No. 16-161, FCC 17-3, In the Matter of Revisions to Public Inspection File Requirements—Broadcaster Correspondence File and Cable Principal Headend Location, adopted on January 31, 2017. The R&O removes and reserves 47 CFR Section 76.1708. This collection is being resubmitted as a result of the final rule—initially submitted at the proposed rule stage. The Commission is now seeking final approval from the information collection requirements from the Office of Management and Budget (OMB).

    While it appears that the general public does not need access to it, principal headend information must be made available to certain entities, including the FCC and local television stations. The R&O requires that this information be made available upon request.

    Federal Communications Commission. Sheryl D. Todd, Deputy Secretary, Office of the Secretary.
    [FR Doc. 2017-06482 Filed 3-31-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1224] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before June 2, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicole Ongele, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-1224.

    Title: Reverse Auction (Auction 1001) Incentive Payment Instructions from the Reverse Auction Winning Bidder.

    Form Number: FCC Form 1875.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit, not-for-profit institutions and state, local or tribal government.

    Number of Respondents and Responses: 750 respondents; 1,500 responses.

    Estimated Time per Response: 2.5 hours.

    Frequency of Response: One-time reporting requirement.

    Obligation To Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96 (Spectrum Act) § 6403(a)(1).

    Total Annual Burden: 3,750 hours.

    Total Annual Cost: No Cost.

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: The information collection includes information identifying bank accounts and providing account and routing numbers to access those accounts. FCC considers that information to be records not routinely available for public inspection under 47 CFR 0.457, and exempt from disclosure under FOIA exemption 4 (5 U.S.C. 552(b)(4)).

    Needs and Uses: The Spectrum Act mandates “a reverse auction to determine the amount of compensation that each broadcast television licensee would accept in return for voluntarily relinquishing some or all of its broadcast television spectrum usage rights in order to make spectrum available for assignment through a system of competitive bidding”.1

    1 Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-96 (Spectrum Act) § 6403(a)(1).

    The Commission conducted notice-and-comment rulemaking to implement the Spectrum Act, and ruled in the Incentive Auction Report and Order that:

    “we adopt the Commission's proposal to require successful bidders in the reverse auction to submit additional information to facilitate incentive payments As mentioned in the NPRM, we envision that the information would be submitted on standardized incentive payment forms similar to the Automated Clearing House (“ACH”) forms unsuccessful bidders in typical spectrum license auctions use to request refunds of their deposits and upfront payments. This information collection is necessary to facilitate incentive payments and should not be burdensome to successful bidders. Specifically, without further instruction and bank account information from successful bidders, the Commission would not know where to send the incentive payments.” [footnotes omitted] 2

    2 Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and Order, 29 FCC Rcd 6567 (2014) (“Incentive Auction R&O”) at 537.

    The information collection for which we are requesting approval is the standardized incentive payment form referred to in the paragraph above.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2017-06531 Filed 3-31-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0767] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before May 3, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected]ov. Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-0767.

    Title: Sections 1.2110, 1.2111 and 1.2112, Auction and Licensing Disclosures—Ownership and Designated Entity Status.

    Form Number: N/A.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for profit, Not-for-profit institutions, and State, local or tribal government.

    Number of Respondents: 310 respondents; 310 responses.

    Estimated Time per Response: 0.50 hours to 2 hours.

    Frequency of Response: On occasion reporting requirement, Third party disclosure requirement, and Recordkeeping requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for both the currently approved information collection and the revised information collection is contained in sections 154(i) and 309(j) of the Communications Act, as amended, 47 U.S.C. 4(i) and 309(j)(5).

    Total Annual Burden: 470 hours.

    Total Annual Costs: $31,500.

    Nature and Extent of Confidentiality: The Commission is not requesting that respondents submit confidential information to the Commission as part of this information collection. However, to the extent a respondent wishes to request confidential treatment of information submitted in response to this collection, it may do so in accordance with section 0.459 of the Commission's rules, 47 CFR 0.459.

    Privacy Act Impact Assessment: No impact(s).

    Needs and Uses: The Commission will submit this revised information collection to the Office of Management and Budget (OMB) after this 60-day comment period in order to obtain the full three-year clearance from OMB. In FCC 15-80, Updating Part 1 Report and Order, the Commission updated many of its Part 1 competitive bidding rules. Among other things, the Commission amended its definition of “designated entities” to include “eligible rural service providers,” and established a new designated entity benefit/bidding credit for eligible rural service providers. The Commission is reporting program changes/increases of 10 potential new designated entity respondents/responses 20 total annual hours, and $1,500 in annual cost due to the inclusion of eligible rural service providers among the potential respondents from which the Commission may collect information under this collection. While there may be as many as 10 new designated entity respondents/responses under this collection, the estimated time per response is unchanged because the type of information that must be provided by the new designated entity respondents is comparable to that required by designated entities under the currently-approved collection and is expected to take the same estimated amount of time to prepare.

    Beginning first on May 5, 1997, OMB approved under OMB Control No. 3060-0767, the Commission's collections of information pursuant to sections 1.2110, 1.2111, and 1.2112 of the Commission's rules, 47 CFR 1.2110, 1.2111, and 1.2112, and their predecessors, regarding ownership and designated entity status of parties involved with Commission licenses. The Commission collects this information in several contexts, including when determining the eligibility of applicants to participate in Commission auctions (including eligibility to claim designated entity benefits), the eligibility of parties to hold a Commission license/authorization (including eligibility for designated entity benefits), the eligibility of parties to whom licenses/authorizations are being assigned or transferred, and the repayment by license/authorization holders of the amount of bidding credits received in Commission auctions to avoid unjust enrichment. Applicants and licensees/authorization holders claiming eligibility for designated entity status are subject to audits and a record-keeping requirement regarding FCC-licensed service concerning such claims of eligibility, to confirm that their representations are, and remain, accurate. The collection of this information will enable the Commission to determine whether applicants are qualified to bid on and hold Commission licenses/authorizations and, if applicable, to receive designated entity benefits, and is designed to ensure the fairness of the auction, licensing, and license/authorization assignment and transfer processes. The information collected will be reviewed and, if warranted, referred to the Commission's Enforcement Bureau for possible investigation and administrative action. The Commission may also refer allegations of anticompetitive auction conduct to the Department of Justice for investigation.

    OMB has approved separately the routine collections of information pursuant to these Commission rules in applications to participate in Commission auctions, FCC Form 175, OMB Control No. 3060-0600, and in Commission licensing applications, FCC Form 601, OMB Control No. 3060-0798, and assignment/transfer of control applications, FCC Form 603, OMB Control No. 3060-0800. On occasion, the Commission may collect information from auction applicants and license/authorization holders pursuant to these rules under this information collection to clarify information provided in these forms or in circumstances to which the standard forms may not directly apply.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2017-06530 Filed 3-31-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0798] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before June 2, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0798.

    Title: FCC Application for Radio Service Authorization; Wireless Telecommunications Bureau; Public Safety and Homeland Security Bureau.

    Form Number: FCC Form 601.

    Type of Review: Revision of a currently approved collection.

    Respondents: Individuals and households; Business or other for-profit entities; Not-for-profit institutions; and State, local or tribal government.

    Number of Respondents and Responses: 253,320 respondents and 253,320 responses.

    Estimated Time per Response: 0.5-1.25 hours.

    Frequency of Response: Recordkeeping requirement, third party disclosure requirement, on occasion reporting requirement and periodic reporting requirement.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 47 U.S.C. 151, 152, 154, 154(i), 155(c), 157, 201, 202, 208, 214, 301, 302a, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 331, 332, 333, 336, 534, 535 and 554.

    Total Annual Burden: 222,055 hours.

    Total Annual Cost: $71,306,250.

    Privacy Impact Assessment: Yes.

    Nature and Extent of Confidentiality: In general there is no need for confidentiality with this collection of information.

    Needs and Uses: FCC Form 601 is a consolidated, multi-part application form that is used for market-based and site-based licensing for wireless telecommunications services, including public safety licenses, which are filed through the Commission's Universal Licensing System (ULS). FCC Form 601 is composed of a main form that contains administrative information and a series of schedules used for filing technical and other information. This form is used to apply for a new license, to amend or withdraw a pending application, to modify or renew an existing license, cancel a license, request a duplicate license, submit required notifications, request an extension of time to satisfy construction requirements, or request an administrative update to an existing license (such as mailing address change), request a Special Temporary Authority or Developmental License. Respondents are encouraged to submit FCC Form 601 electronically and are required to do so when submitting FCC Form 601 to apply for an authorization for which the applicant was the winning bidder in a spectrum auction.

    The data collected on FCC Form 601 includes the FCC Registration Number (FRN), which serves as a “common link” for all filings an entity has with the FCC. The Debt Collection Improvement Act of 1996 requires entities filing with the Commission use an FRN.

    On July 14, 2016, the Commission released a Report and Order in which it established the Upper Microwave Flexible Use Service authorizing mobile use in the 27.5-28.35 GHz, 37-38.6 GHz, and 38.6-40 GHz (39 GHz) bands, See Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 16-89, 31 FCC Rcd 8014 (2016). Of relevance to the information collection at issue here, the Commission established a process by which 39 GHz licensees can conduct a voluntary, pre-auction license swap or exchange which would give licensees the opportunity to consolidate their licensed blocks into larger tranches of contiguous spectrum thereby leaving more valuable empty contiguous channel blocks for the Commission to auction.

    The Commission seeks approval for revisions to its currently approved collection of information under OMB Control Number 3060-0798 to permit the collection of the additional information for Commission licenses and permits, pursuant to the information collection requirements adopted by the Commission in the Spectrum Frontiers R&O, including the provisions authorizing voluntary channel swaps. We are proposing to revise schedule E of form 601 to allow licensees to file a modification to indicate active licenses and leases they are requesting authorization to swap. We do not anticipate that this revision will have any impact on the burden to complete the form.

    The Commission therefore seeks approval for a revision to its currently approved information collection on FCC Form 601 to revise FCC Form 601 accordingly.

    Federal Communications Commission. Sheryl D. Todd, Deputy Secretary, Office of the Secretary.
    [FR Doc. 2017-06486 Filed 3-31-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0874 and 3060-1203] Information Collections Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before May 3, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control No.: 3060-1203.

    Title: Section 79.107 User Interfaces Provided by Digital Apparatus; Section *4878 79.108 Video Programming Guides and Menus Provided by Navigation Devices; Section 79.110 Complaint Procedures for User Interfaces, Menus and Guides, and Activating Accessibility Features on Digital Apparatus and Navigation Devices.

    Form No.: N/A.

    Type of Review: Revision of a currently approved collection.

    Respondents: Individuals or households; Business or other for-profit entities; Not for profit institutions; State, Local or Tribal government.

    Number of Respondents and Responses: 4,175 respondents and 516,982 responses.

    Estimated Time per Response: 0.0167 hours to 10 hours.

    Frequency of Response: On occasion reporting requirement; Third party disclosure requirement; Recordkeeping requirement.

    Obligation To Respond: Voluntary. The statutory authority for this information collection is contained in the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), Public Law 111-260, 124 Stat. 2751, and sections 4(i), 4(j), 303(r), 303(u), 303(aa), 303(bb), and 716(g) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303(r), 303(u), 303(aa), 303(bb), and 617(g).

    Total Annual Burden: 24,043 hours.

    Annual Cost Burden: $70,500.

    Nature and Extent of Confidentiality: Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC's updated system of records notice (SORN), FCC/CGB-1, “Informal Complaints, Inquiries, and Requests for Dispute Assistance.” As required by the Privacy Act, 5 U.S.C. 552a, the Commission also published a SORN, FCC/CGB-1 “Informal Complaints, Inquiries, and Requests for Dispute Assistance,” in the Federal Register on August 15, 2014 (79 FR 48152) which became effective on September 24, 2014.

    Privacy Act Impact Assessment: The FCC completed a Privacy Impact Assessment (PIA) on June 28, 2007. It may be reviewed at http://www.fcc.gov/omd/privacyact/Privacy-Impact-Assessment.html. The Commission is in the process of updating the PIA to incorporate various revisions to it as a result of revisions to the SORN.

    Needs and Uses: On October 29, 2013, in document FCC 13-138, Report and Order and Further Notice of Proposed Rulemaking (the User Interfaces Accessibility Order), MB Docket Nos. 12-108, 12-107, published at 78 FR 77210, December 20, 2013, the Commission adopted rules implementing sections 204 and 205 of the CVAA related to making accessible the user interfaces, text menus and guides of digital apparatus designed to receive or play back video programming and navigation devices for the display or selection of multichannel video programming. On November 20, 2015, in document FCC 15-156, the Commission released a Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking (the Second User Interfaces Accessibility Order), MB Docket No. 12-108, published at 81 FR 5921, February 14, 2016, adopting additional rules to ensure that consumers are able to find out about what accessible devices and features are available from covered manufacturers and multichannel video programming distributors (MVPDs) and how to use such devices and features. Collectively, these rules are codified at 47 CFR 79.107-79.110.

    Covered entities are required to comply with the rules and information collection requirements contained in the User Interfaces Accessibility Order and in the Second User Interfaces Accessibility Order beginning December 20, 2016.

    The Commission is submitting this revised information collection to transfer certain information collection burdens associated with this OMB Control Number 3060-1203 to OMB Control Number 3060-0874. This transfer is being made because the Commission's online consumer complaint portal, which is part of the information collection contained in OMB Control Number 3060-0874, is being revised to enable consumers to file complaints related to the Commission's user interfaces accessibility requirements through the Commission's online complaint portal.

    OMB Control Number: 3060-0874.

    Title: Consumer Complaint Portal: General Complaints, Obscenity or Indecency Complaints, Complaints under the Telephone Consumer Protection Act, Slamming Complaints, RDAs and Communications Accessibility Complaints.

    Form Number: N/A.

    Type of Review: Revision of a currently approved collection.

    Respondents: Individuals or households; Business or other for-profit entities; Not for profit institutions; State, Local or Tribal Government.

    Number of Respondents and Responses: 335,979 respondents; 335,979 responses.

    Estimated Time per Response: 15 minutes (.25 hours) to 30 minutes (.50 hours).

    Frequency of Response: On occasion reporting requirement.

    Obligation to Respond: Voluntary. The statutory authority for this collection is contained in 47 U.S.C. 208 of the Communications Act of 1934, as amended (the Act).

    Total Annual Burden: 84,006 hours.

    Total Annual Cost: None.

    Nature and Extent of Confidentiality: Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC's updated system of records notice (SORN), FCC/CGB-1, “Informal Complaints, Inquiries and Requests for Dispute Assistance.” As required by the Privacy Act, 5 U.S.C. 552a, the Commission also published a SORN, FCC/CGB-1 “Informal Complaints, Inquiries, and Requests for Dispute Assistance,” in the Federal Register on August 15, 2014 (79 FR 48152) which became effective on September 24, 2014.

    Privacy Impact Assessment: The FCC completed a Privacy Impact Assessment (PIA) on June 28, 2007. It may be reviewed at http://www.fcc.gov/omd/privacyact/Privacy-Impact-Assessment.html. The Commission is in the process of updating the PIA to incorporate various revisions to it as a result of revisions to the SORN.

    Needs and Uses: The Commission consolidated all of the FCC informal consumer complaint intake into an online consumer complaint portal, which allows the Commission to better manage the collection of informal consumer complaints. Informal consumer complaints consist of informal consumer complaints, inquiries and comments. This revised information collection requests OMB approval for the addition of a layer of consumer reported complaint information related to the FCC's disability accessibility requirements for video programming digital apparatus and navigation device user interfaces (e.g., TV and set-top box controls, menus, and program guides).

    The information collection burdens associated with these complaints is being transferred from OMB Control Number 3060-1203 to OMB Control Number 3060-0874 to enable consumers to file complaints related to the Commission's user interfaces accessibility requirements through the Commission's online complaint portal.

    Federal Communications Commission. Sheryl D. Todd, Deputy Secretary, Office of the Secretary.
    [FR Doc. 2017-06484 Filed 3-31-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meeting AGENCY:

    Federal Election Commission.

    DATE AND TIME:

    Tuesday, March 21, 2017 At 10:00 a.m. and Its Continuation at the Conclusion of the Open Meeting on March 23, 2017.

    PLACE:

    999 E Street NW., Washington, DC.

    STATUS:

    This Meeting Was Closed To The Public.

    Federal Register Notice of Previous Announcement—82 FR 14000

    Change in the Meeting: This meeting was continued on March 29, 2017.

    This meeting also discussed: Investigatory records compiled for law enforcement purposes and production would disclose investigative techniques.

    Person To Contact for Information: Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Dayna C. Brown, Secretary and Clerk of the Commission.
    [FR Doc. 2017-06559 Filed 3-30-17; 11:15 am] BILLING CODE 6715-01-P
    FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request AGENCY:

    Board of Governors of the Federal Reserve System.

    ACTION:

    Notice, request for comments.

    SUMMARY:

    The Board of Governors of the Federal Reserve System (Board or Federal Reserve) invites comment on a proposal to extend, without revision, the recordkeeping and disclosure requirements associated with Regulation R.

    On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board authority under the Paperwork Reduction Act (PRA) to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board. In exercising this delegated authority, the Board is directed to take every reasonable step to solicit comment. In determining whether to approve a collection of information, the Board will consider all comments received from the public and other agencies.

    DATES:

    Comments must be submitted on or before June 2, 2017.

    ADDRESSES:

    You may submit comments, identified by FR 4025, by any of the following methods:

    Agency Web site: http://www.federalreserve.gov. Follow the instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.

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

    Email: [email protected] Include OMB number in the subject line of the message.

    Fax: (202) 452-3819 or (202) 452-3102.

    Mail: Robert deV. Frierson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551.

    All public comments are available from the Board's Web site at http://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room 3515, 1801 K Street (between 18th and 19th Streets NW.,) Washington, DC 20006 between 9:00 a.m. and 5:00 p.m. on weekdays.

    Additionally, commenters may send a copy of their comments to the OMB Desk Officer—Shagufta Ahmed—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235 725 17th Street NW., Washington, DC 20503 or by fax to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    A copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB's public docket files, once approved. These documents will also be made available on the Federal Reserve Board's public Web site at: http://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance officer, whose name appears below.

    Federal Reserve Board Clearance Officer—Nuha Elmaghrabi—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.

    SUPPLEMENTARY INFORMATION: Request for Comment on Information Collection Proposal

    The Board invites public comment on the following information collection, which is being reviewed under authority delegated by the OMB under the PRA. Comments are invited on the following:

    a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve's functions; including whether the information has practical utility;

    b. The accuracy of the Federal Reserve's estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used;

    c. Ways to enhance the quality, utility, and clarity of the information to be collected;

    d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and

    e. Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information.

    At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the Federal Reserve should modify the proposed revisions prior to giving final approval.

    Proposal to approve under OMB delegated authority the extension for three years, without revision, of the following report(s):

    Report title: Recordkeeping and Disclosure Requirements Associated with Regulation R.

    OMB control number: 7100-0316.

    Frequency: On occasion.

    Respondents: Commercial banks and savings associations.

    Estimated number of respondents: Section 701 disclosures to customers: 1,500; Section 701 disclosures to brokers: 1,500, Section 723 recordkeeping: 75; Section 741 disclosures to customers: 750.

    Estimated average hours per response: Section 701 disclosures to customers: 5 minutes; Section 701 disclosures to brokers: 15 minutes, Section 723 recordkeeping: 15 minutes; Section 741 disclosures to customers: 5 minutes.

    Estimated annual burden hours: 75,563.

    General Description of Report: Sections 701, 723, and 741 contain information collection requirements. Details of the requirements for each section are provided below.

    Section 701. Section 701(a)(2)(i) and (b) require banks (or their broker-dealer partners) that utilize the exemption provided in this section to make certain disclosures to high net worth or institutional customers. Specifically, these banks must clearly and conspicuously disclose (i) the name of the broker-dealer and (ii) that the bank employee participates in an incentive compensation program under which the bank employee may receive a fee of more than a nominal amount for referring the customer to the broker-dealer and payment of this fee may be contingent on whether the referral results in a transaction with the broker-dealer.

    In addition, one of the conditions of the exemption is that the broker-dealer and the bank have a contractual or other written arrangement containing certain elements, including notification and information requirements. The bank must provide its broker-dealer partner with the name of the bank employee receiving a referral fee under the exemption and certain other identifying information relating to the bank employee.

    Section 723. Section 723(e)(1) requires a bank that desires to exclude a trust or fiduciary account in determining its compliance with the chiefly compensated test in section 721, pursuant to a de minimis exclusion, to maintain records demonstrating that the securities transactions conducted by or on behalf of the account were undertaken by the bank in the exercise of its trust or fiduciary responsibilities with respect to the account.

    Section 741. Section 741(a)(2)(ii)(A) requires a bank relying on this exemption, which permits banks to effect transactions in the shares of a money market fund, to provide customers with a prospectus for the money market fund securities, not later than the time the customer authorizes the bank to effect the transaction in such securities, if the class or series of securities are not no-load. In situations where a bank effects transactions under the exemption as part of a program for the investment or reinvestment of deposit funds of, or collected by, another bank, the Section permits either the effecting bank or the deposit-taking bank to provide the customer a prospectus for the money market fund securities.

    Legal authorization and confidentiality: The Board's Legal Division has determined that section 3(a)(4)(F) of the Exchange Act (15 U.S.C. 78c(a)(4)(F)) authorizes the Board and the SEC to require the information collection. The FR 4025 is required to obtain a benefit because banks wishing to utilize exemptions provided by the rules 701, 723, and 741 are required to comply with the recordkeeping and disclosure requirements. If an institution considers the information to be trade secrets and/or privileged such information could be withheld from the public under the authority of the Freedom of Information Act (5 U.S.C. 552(b)(4)). Additionally, to the extent that such information may be contained in an examination report such information maybe also be withheld from the public (5 U.S.C. 552 (b)(8)).

    Board of Governors of the Federal Reserve System, March 27, 2017. Robert deV. Frierson, Secretary of the Board.
    [FR Doc. 2017-06401 Filed 3-31-17; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0121; Docket No. 2017-0001; Sequence 1] General Services Administration Acquisition Regulation; Submission for OMB Review; Industrial Funding Fee and Sales Reporting AGENCY:

    Office of Acquisition Policy, General Services Administration (GSA).

    ACTION:

    Notice of request for comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division is submitting a request to the Office of Management and Budget (OMB) to review and approve an extension of a previously approved information collection associated with General Services Administration Acquisition Regulation clause 552.238-74, Industrial Funding Fee and Sales Reporting. GSA uses this information to collect the Industrial Funding Fee and administer the Federal Supply Schedule (FSS) program. A notice was published in the Federal Register on January 13, 2017. No comments were received.

    DATES:

    Submit comments on or before: May 3, 2017.

    ADDRESSES:

    Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. Additionally submit a copy to GSA by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 3090-0121, Industrial Funding Fee and Sales Reporting.” Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 3090-0121, Industrial Funding Fee and Sales Reporting” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Sosa/IC 3090-0121, Industrial Funding Fee and Sales Reporting.

    Instructions: Please submit comments only and cite Information Collection 3090-0121, Industrial Funding Fee and Sales Reporting, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    Matthew McFarland, Senior Policy Advisor, GSA Acquisition Policy Division, at 202-690-9232, or [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    GSA's Federal Supply Schedule (FSS) program, commonly known as the GSA Schedules program or Multiple Award Schedule (MAS) program provides federal agencies with a simplified process for acquiring commercial supplies and services. The FSS program is the Government's preeminent contracting vehicle, accounting for approximately 10 percent of all federal contract dollars with $33 billion of purchases made through the program in fiscal year 2016.

    Activities placing orders against a GSA Schedule contract must pay an Industrial Funding Fee (IFF) that reimburses GSA's Federal Acquisition Service (FAS) for the costs of operating the FSS program. FAS recoups its operating costs from ordering activities (i.e. customers) as set forth in 40 U.S.C. 321: Acquisition Services Fund. Net operating revenues generated by the IFF are also applied to fund initiatives benefitting other authorized FAS programs, in accordance with 40 U.S.C. 321. The IFF, currently set at 0.75 percent, is included in the order price, so when a vendor is paid for an FSS order, it is also collecting the IFF. Collection is similar to a state sales tax, where a customer pays the tax due to a merchant, and then the merchant remits the taxes collected to the state government.

    GSA requires vendors to report their FSS sales each quarter so it can determine the amount of IFF the vendors have collected from customers, and therefore must remit to GSA. However, GSA also uses this information for other purposes, including budgeting, determining whether vendors have met the minimum sales requirement,1 evaluating the program's performance, and monitoring small business participation.

    1 The FSS Contract Sales Criteria clause requires vendors to have at least $25,000 in sales over the first two years of a contract and then $25,000/year in sales for each year thereafter. Vendors that have not satisfied the minimum sales requirement are subject to cancellation in accordance with GSAR clause 552.238-73 Cancellation.

    Vendor reporting and remittance requirements are set forth in General Services Administration Acquisition Regulation (GSAR) clause 552.238-74, Industrial Funding Fee and Sales Reporting, or Alternate I of that clause. While both clause versions govern how the IFF is calculated and remitted, the reporting requirements differ between the basic version and Alternate I:

    Clause 552.238-75: Basic Version: This version requires vendors to report their FSS contract sales to GSA once a quarter. GSA then calculates the IFF due based on the total amount of sales reported, and the vendor must remit that amount within 30 days after the end of the quarter. The basic version of the clause applies to approximately 72 percent of GSA Schedule contracts.

    Clause 552.238-75: Alternate I: While the basic version requires vendors to report their total FSS sales each quarter, Alternate I requires vendors to report the transactional data generated from orders each month. GSA then calculates the IFF due based on the transactional data reported, and the vendor must remit that amount within 30 days after the end of the quarter. Alternate I of the clause applies to FSS contracts participating in the Transactional Data Reporting pilot. The pilot commenced on June 23, 2016 and will run for at least a year before substantial changes are considered. Approximately 28 percent of GSA Schedule contracts are eligible to participate in the pilot.

    Since the reporting requirements vary by the two versions of clause 552.238-74, separate Paperwork Reduction Act information collections have been established for each version. The information collection associated with OMB control number 3090-0306, which expires on 8/31/2019, applies to Alternate I. This information collection (OMB control number 3090-0121) applies to the basic version of the clause.

    Information Collection Changes and Updates

    • The population of vendors subject to this information collection is smaller than the previous version, as FSS contracts eligible to participate in the Transactional Data Reporting pilot (approximately 28 percent of all GSA Schedule contracts) are now included under OMB control number 3090-0306.

    • Previous justifications for this information collection limited the burden to the amount of time needed for vendors to input sales data in the 72A Reporting System and remit IFF payments. However, GSA now recognizes recordkeeping, quality assurance, reporting, and remittance should be included in the burden estimates. Since recordkeeping and quality assurance are the largest burden drivers for both vendors and the Government, the burden estimates for both the public and Government have increased.

    B. Annual Reporting Burden

    Population Overview: The basic version of clause 552.238-74 is included in 14,306 contracts held by 12,254 vendors. This includes 1,128 new contracts awarded to 819 vendors.2

    2 These are approximations based on FY2015 data. The number of vendors equals the number of unique Data Universal Numbering System (DUNS) numbers, which are assigned to business entities.

    Cost Estimates: The estimated cost burden for respondents was calculated by multiplying the burden hours by an estimated cost of $68/hour ($50/hour with a 36% overhead rate).3

    3 The 36% overhead rate was used in reference Office of Management and Budget (OMB) Circular No. A-76. Circular A-76 requires agencies to use standard cost factors to estimate certain costs of government performance. These cost factors ensure that specific government costs are calculated in a standard and consistent manner to reasonably reflect the cost of performing commercial activities with government personnel. The standard cost factor for fringe benefits is 36.25%; GSA opted to round to the nearest whole number for the basis of its burden estimates.

    Categorization of Vendors by Quarterly Sales Revenue: Sales reporting imposes a progressive burden—one that increases with a vendor's sales volume. Quarterly reporting times will increase with a vendor's applicable sales volume, as vendors with lower to no reportable sales will spend little time on quarterly reporting, while those with more reportable sales with face a higher reporting burden.

    GSA separated vendors into categories based on average quarterly sales volume 4 in order to account for the differences in reporting burden. These categories are:

    4 Average quarterly sales volume was computed by taking a vendor's total annual sales volume and dividing it by 4. All sales data is from FY2015.

    Category 1: No sales activity (average quarterly sales of $0) Category 2: Average quarterly sales between $0 and $60,000 Category 3: Average quarterly sales between $60,000 and $600,000 Category 4: Average quarterly sales between $600,000 and $3 million Category 5: Average quarterly sales over $3 million

    The distribution of vendors by sales category is as follows:

    FSS and Vendors by Sales Category FSS vendors
  • (count)
  • FSS vendors
  • (percentage)
  • Category 1 4,217 34 Category 2 4,020 33 Category 3 2,768 23 Category 4 970 8 Category 5 279 2 Total 12,254 100.00

    Automated vs. Manual Reporting Systems: Vendors subject to these clauses must create systems or processes to produce and report accurate data. Generally, vendors will use automated or manual systems to identify the quarter's reportable sales. An automated system is one that relies on information technology, such as an accounting system or data management software, to identify and compile reportable data. These systems can tremendously streamline the reporting process but require upfront configuration to perform the tasks, such as coding the sales types to be retrieved. Conversely, a manual system is one that incorporates little to no automation and instead relies on personnel to manually identify and compile the reportable data. An example of a manual system would be an accountant reviewing invoices to identify the reportable data and then transferring the findings to a spreadsheet. In contrast to automation, a manual system requires relatively little setup time but the reporting effort will generally increase with the vendor's sales volume.

    The likelihood of a vendor adopting an automated system increases with their applicable sales volume. Vendors with little to no reportable data are unlikely to expend the effort needed to establish an automated reporting system since it will be relatively easy to identify and report a limited amount of data. In fiscal year 2015, 34 percent of FSS vendors subject to this collection reported $0 sales, while another 33 percent reported average quarterly sales between $1 and $60,000 per quarter. However, as a vendor's applicable average quarterly sales increase, they will be increasingly likely to establish an automated system to reduce the quarterly reporting burden. Consequently, vendors with higher reportable sales will likely bear a higher setup burden to create an automated system, or absorb a high quarterly reporting burden if they choose to rely on manual reporting methods.

    The following chart depicts the likelihood of the population of vendors adopting manual and automated reporting systems:

    Vendors by Reporting System Type [Manual vs. Automated] Manual
  • system
  • (vendor
  • percentage)
  • Automated system
  • (vendor
  • percentage)
  • Manual
  • system
  • (vendor
  • count)
  • Automated
  • system
  • (vendor
  • count)
  • Category 1 100 0 4,217 0 Category 2 100 0 4,020 0 Category 3 90 10 2,491 277 Category 4 50 50 485 485 Category 5 10 90 28 251 Total Vendor Count by System Type 11,241 1,013 Vendor Percentage by System Type 92% 8%

    Initial Setup: Vendors with active FSS contracts already have procedures in place to meet these longstanding reporting requirements. However, new FSS vendors will absorb a one-time setup burden to establish reporting systems. The estimated setup time varies between automated and manual reporting systems. Vendors implementing a manual system must acclimate themselves with the new reporting requirements and train their staff as accordingly, while those with automated systems must perform these tasks in addition to configuring information technology resources. GSA is attributing the setup burden by vendor, not by contracts, because a vendor holding multiple contracts subject to this rule will likely use a single reporting system.

    GSA estimates the average one-time setup burden is 8 hours for vendors with a manual system and 40 hours for those with an automated system. GSA also attributes the same system type probabilities (manual system 92%, automated system 8%) to the population of new vendors. These estimates apply to the 819 vendors awarded FSS contracts in fiscal year 2015.

    Quarterly Reporting: Vendors are required to report sales within 30 calendar days after the end of each quarter. The average reporting times vary by system type (manual or automated) and by sales categories. GSA estimates vendors using a manual system will have average quarterly reporting times ranging from 15 minutes (0.25 hours) per quarter for vendors with $0 sales, to an average of 8 hours per quarter for vendors with quarterly sales over $3 million. On the other hand, GSA projects vendors with automated systems will have reporting times of 2 hours per quarter, irrespective of quarterly sales volume, as a result of efficiencies achieved through automated processes. The following table shows GSA's projected quarterly reporting times per sales category and system type.

    Quarterly Reporting Hours by System Type and Category Manual
  • systems
  • Automated systems
    Category 1 0.25 2.00 Category 2 1.00 2.00 Category 3 2.00 2.00 Category 4 4.00 2.00 Category 5 8.00 2.00
    Annualized Public Burden Estimates

    The burden estimates consist of quarterly reporting times for all 12,254 participating vendors and a one-time setup burden for the 819 new vendors:

    Quarterly Reporting

    Annual Burden (Hours): 56,983.

    Annual Burden (Cost): $3,874,817.

    Initial Setup

    Annual Burden (Hours): 8,718.

    Annual Burden (Cost): $592,846.

    Total Information Collection Burden

    Number of Respondents: 12,254.

    Response per Respondent: 4.

    Total Annual Responses: 49, 016.

    Hours per Response: 1.3404.

    Total Burden (Hours): 65,701.

    Annual Burden (Cost): $4,467,663.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755.

    Please cite OMB Control No. 3090-0235, Price Reductions Clause, in all correspondence.

    Dated: March 29, 2017. Jeffrey A. Koses, Director, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2017-06520 Filed 3-31-17; 8:45 am] BILLING CODE 6820-61-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request

    Proposed Projects:

    Title: Application Requirements for the Low Income Home Energy Assistance Program (LIHEAP) Model Plan.

    OMB No.: 0970-0075.

    Description: States, including the District of Columbia, tribes, tribal organizations, and U.S. territories applying for LIHEAP block grant funds must, prior to receiving federal funds, submit an annual application (Model Plan, ACF-122) that meets the LIHEAP statutory and regulatory requirements. In addition to the Model Plan, grantees are also required to complete the Mandatory Grant Application SF-424-Mandatory, which is the first section of the Model Plan.

    The LIHEAP Model Plan is an electronic form and is submitted to the Administration for Children and Families (ACF), Office of Community Services (OCS) through the On-line Data Collection (OLDC) system within GrantSolutions, which is currently being used by all LIHEAP grantees to submit other required LIHEAP reporting forms. In order to reduce the reporting burden, all data entries from each grantee's prior year's submission of the Model Plan in OLDC is saved and re-populated (cloned) into the form for the following fiscal year's application. OCS seeks renewal of this form without any changes.

    Respondents: State, the District of Columbia, U.S. Territories and Tribal governments.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total burden
  • hours
  • LIHEAP Detailed Model Plan 210 1 0.50 105

    Estimated Total Annual Burden Hours (all respondents): 105.

    In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201. Attn: ACF Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2017-06521 Filed 3-31-17; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration National Vaccine Injury Compensation Program; List of Petitions Received AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    HRSA is publishing this notice of petitions received under the National Vaccine Injury Compensation Program (the program), as required by the Public Health Service (PHS) Act, as amended. While the Secretary of HHS is named as the respondent in all proceedings brought by the filing of petitions for compensation under the program, the United States Court of Federal Claims is charged by statute with responsibility for considering and acting upon the petitions.

    FOR FURTHER INFORMATION CONTACT:

    For information about requirements for filing petitions, and the program in general, contact the Clerk, United States Court of Federal Claims, 717 Madison Place NW., Washington, DC 20005, (202) 357-6400. For information on HRSA's role in the program, contact the Director, National Vaccine Injury Compensation Program, 5600 Fishers Lane, Room 08N146B, Rockville, MD 20857; (301) 443-6593, or visit our Web site at: http://www.hrsa.gov/vaccinecompensation/index.html.

    SUPPLEMENTARY INFORMATION:

    The program provides a system of no-fault compensation for certain individuals who have been injured by specified childhood vaccines. Subtitle 2 of Title XXI of the PHS Act, 42 U.S.C. 300aa-10 et seq., provides that those seeking compensation are to file a petition with the U.S. Court of Federal Claims and to serve a copy of the petition on the Secretary of HHS, who is named as the respondent in each proceeding. The Secretary has delegated this responsibility under the program to HRSA. The Court is directed by statute to appoint special masters who take evidence, conduct hearings as appropriate, and make initial decisions as to eligibility for, and amount of, compensation.

    A petition may be filed with respect to injuries, disabilities, illnesses, conditions, and deaths resulting from vaccines described in the Vaccine Injury Table (the Table) set forth at 42 CFR 100.3. This Table lists for each covered childhood vaccine the conditions that may lead to compensation and, for each condition, the time period for occurrence of the first symptom or manifestation of onset or of significant aggravation after vaccine administration. Compensation may also be awarded for conditions not listed in the Table and for conditions that are manifested outside the time periods specified in the Table, but only if the petitioner shows that the condition was caused by one of the listed vaccines.

    Section 2112(b)(2) of the PHS Act, 42 U.S.C. 300aa-12(b)(2), requires that “[w]ithin 30 days after the Secretary receives service of any petition filed under section 2111 the Secretary shall publish notice of such petition in the Federal Register.” Set forth below is a list of petitions received by HRSA on February 1, 2017, through February 28, 2017. This list provides the name of petitioner, city and state of vaccination (if unknown then city and state of person or attorney filing claim), and case number. In cases where the Court has redacted the name of a petitioner and/or the case number, the list reflects such redaction.

    Section 2112(b)(2) also provides that the special master “shall afford all interested persons an opportunity to submit relevant, written information” relating to the following:

    1. The existence of evidence “that there is not a preponderance of the evidence that the illness, disability, injury, condition, or death described in the petition is due to factors unrelated to the administration of the vaccine described in the petition,” and

    2. Any allegation in a petition that the petitioner either:

    a. “[S]ustained, or had significantly aggravated, any illness, disability, injury, or condition not set forth in the Vaccine Injury Table but which was caused by” one of the vaccines referred to in the Table, or

    b. “[S]ustained, or had significantly aggravated, any illness, disability, injury, or condition set forth in the Vaccine Injury Table the first symptom or manifestation of the onset or significant aggravation of which did not occur within the time period set forth in the Table but which was caused by a vaccine” referred to in the Table.

    In accordance with Section 2112(b)(2), all interested persons may submit written information relevant to the issues described above in the case of the petitions listed below. Any person choosing to do so should file an original and three (3) copies of the information with the Clerk of the U.S. Court of Federal Claims at the address listed above (under the heading For Further Information Contact), with a copy to HRSA addressed to Director, Division of Injury Compensation Programs, Healthcare Systems Bureau, 5600 Fishers Lane, 08N146B, Rockville, MD 20857. The Court's caption (Petitioner's Name v. Secretary of Health and Human Services) and the docket number assigned to the petition should be used as the caption for the written submission. Chapter 35 of title 44, United States Code, related to paperwork reduction, does not apply to information required for purposes of carrying out the program.

    Dated: March 28, 2017. James Macrae, Acting Administrator. List of Petitions Filed 1. Susan Jennings, Warrensburg, New York, Court of Federal Claims No: 17-0153V. 2. Erik Lindholm and Lisa Lindholm on behalf of K. E. L., Brookings, South Dakota, Court of Federal Claims No: 17-0154V. 3. Jayna Litz, Reno, Nevada, Court of Federal Claims No: 17-0155V. 4. Matthew Tuckfield and Christy Tuckfield on behalf of E. T., Boston, Massachusetts, Court of Federal Claims No: 17-0156V. 5. Nancy Hass, Prosper, Texas, Court of Federal Claims No: 17-0157V. 6. Sue Weaver, Claremore, Oklahoma, Court of Federal Claims No: 17-0159V. 7. Joseph Lamonde, Moon Township, Pennsylvania, Court of Federal Claims No: 17-0160V. 8. Linda Russell, O'Fallon, Missouri, Court of Federal Claims No: 17-0161V. 9. Raymonde L. Forjette, Worcester, Massachusetts, Court of Federal Claims No: 17-0162V. 10. Betty Jenkins, Durham, North Carolina, Court of Federal Claims No: 17-0164V. 11. Andrea Morris, St. Peters, Missouri, Court of Federal Claims No: 17-0165V. 12. Jean Kaslick, Tacoma, Washington, Court of Federal Claims No: 17-0167V. 13. Patrick Hock, Port Orchard, Washington, Court of Federal Claims No: 17-0168V. 14. Wendy Borders, Parkville, Missouri, Court of Federal Claims No: 17-0169V. 15. Christi Fieselman on behalf of M. V., Phoenix, Arizona, Court of Federal Claims No: 17-0170V. 16. Ronald Sturdevant, Hornell, New York, Court of Federal Claims No: 17-0172V. 17. Alfredo Gonzalez, Springfield, Massachusetts, Court of Federal Claims No: 17-0174V. 18. Moneca Douglass, Washington, District of Columbia, Court of Federal Claims No: 17-0175V. 19. Adam Peek, Fort Meyers, Florida, Court of Federal Claims No: 17-0176V. 20. Lisa Lis, Fuquay-Varina, North Carolina, Court of Federal Claims No: 17-0178V. 21. Nicole Girardi, Hillsborough, New Jersey, Court of Federal Claims No: 17-0181V. 22. Gweyne Phillips, Hershey, Pennsylvania, Court of Federal Claims No: 17-0184V. 23. Mostafa Bousheha on behalf of Y. M. B., Greensboro, North Carolina, Court of Federal Claims No: 17-0185V. 24. Cara Peden, Friendswood, Texas, Court of Federal Claims No: 17-0186V. 25. Dennis Pickens, Phoenix, Arizona, Court of Federal Claims No: 17-0187V. 26. Joyce Keenan, Peabody, Massachusetts, Court of Federal Claims No: 17-0189V. 27. Amber McAteer, Pittsburgh, Pennsylvania, Court of Federal Claims No: 17-0190V. 28. Janet Clawson, Durango, Colorado, Court of Federal Claims No: 17-0191V. 29. Priscilla Gonzalez on behalf of A. W., Chicopee, Massachusetts, Court of Federal Claims No: 17-0192V. 30. Brandi Kostal, Norfolk, Virginia, Court of Federal Claims No: 17-0193V. 31. Susan Hargrafen, Beverly Hills, California, Court of Federal Claims No: 17-0195V. 32. Claire LaPier, Plattsburgh, New York, Court of Federal Claims No: 17-0196V. 33. Ryan Leong, Modesto, California, Court of Federal Claims No: 17-0197V. 34. Alice Odom, Florissant, Missouri, Court of Federal Claims No: 17-0198V. 35. Margaret Stephen, Roswell, Georgia, Court of Federal Claims No: 17-0199V. 36. Bonnie Gambardella, Bethlehem, Pennsylvania, Court of Federal Claims No: 17-0201V. 37. Rebecca Hill, Green Bay, Wisconsin, Court of Federal Claims No: 17-0202V. 38. Mary Petty on behalf of L. P., Strongsville, Ohio, Court of Federal Claims No: 17-0203V. 39. Doris Foley, Wakefield, Rhode Island, Court of Federal Claims No: 17-0208V. 40. Peter Long, Wellesley Hills, Massachusetts, Court of Federal Claims No: 17-0209V. 41. Chirag Palsana, Sarasota, Florida, Court of Federal Claims No: 17-0214V. 42. Michaela Balasco and Steven Balasco on behalf of J. B., Barrington, Rhode Island, Court of Federal Claims No: 17-0215V. 43. Ralph LaGamma, Glen Rock, New Jersey, Court of Federal Claims No: 17-0219V. 44. Joelle Chilazi and Claire Chilazi on behalf of Zakaria Chilazi, Deceased, Woodland Park, New Jersey, Court of Federal Claims No: 17-0221V. 45. Dominique Lewis on behalf of Jacqueline Lewis, Deceased, Lynchburg, Virginia, Court of Federal Claims No: 17-0224V. 46. Nathalie Collado, Staten Island, New York, Court of Federal Claims No: 17-0225V. 47. Lisa LeBeau, Gulfport, Mississippi, Court of Federal Claims No: 17-0226V. 48. Eric LaPierre, Aliso Viejo, California, Court of Federal Claims No: 17-0227V. 49. Kesha Phelps, Edenton, North Carolina, Court of Federal Claims No: 17-0229V. 50. Candace M. Berlin, Lakeland, Florida, Court of Federal Claims No: 17-0230V. 51. David Suarez, Westbury, Connecticut, Court of Federal Claims No: 17-0231V. 52. Pauline Hardy, Norfolk, Virginia, Court of Federal Claims No: 17-0232V. 53. Destanie Hargrove on behalf of A. F. M., Henderson, Kentucky, Court of Federal Claims No: 17-0233V. 54. Marie Francis, Philadelphia, Pennsylvania, Court of Federal Claims No: 17-0234V. 55. Matthew Rodela and Cassandra Rodela on behalf of Violet Skye Rodela, Deceased, Foothill Ranch, California, Court of Federal Claims No: 17-0236V. 56. Sonya Bowen, Bronx, New York, Court of Federal Claims No: 17-0238V. 57. Sarah Walley, Sonora, California, Court of Federal Claims No: 17-0240V. 58. Kimberly Bergin on behalf of P. B., Matthews, North Carolina, Court of Federal Claims No: 17-0241V. 59. Stephen Acker, Madison, Wisconsin, Court of Federal Claims No: 17-0242V. 60. Aron Beraki, Texas City, Texas, Court of Federal Claims No: 17-0243V. 61. Laura Roetgerman, Minster, Ohio, Court of Federal Claims No: 17-0244V. 62. Martha Boone, Westerville, Ohio, Court of Federal Claims No: 17-0245V. 63. Amy Booth, Memphis, Tennessee, Court of Federal Claims No: 17-0246V. 64. Emory Newsome, Tampa, Florida, Court of Federal Claims No: 17-0247V. 65. Carl J. Colopietro, Rochester, New York, Court of Federal Claims No: 17-0249V. 66. Neona Martin on behalf of Joseph James Martin, Deceased, Huntsville, Alabama, Court of Federal Claims No: 17-0250V. 67. Debra D. Moore, Wichita Falls, Texas, Court of Federal Claims No: 17-0251V. 68. Jeffrey Faulk, Birmingham, Alabama, Court of Federal Claims No: 17-0252V. 69. Annie Brown, Montgomery, Alabama, Court of Federal Claims No: 17-0253V. 70. William LaHera, Troy, New York, Court of Federal Claims No: 17-0254V. 71. Sylvester Williams, Nashville, North Carolina, Court of Federal Claims No: 17-0255V. 72. Christine Coglaiti, Katy, Texas, Court of Federal Claims No: 17-0257V. 73. Dionne Edwards on behalf of J. M. E., Birmingham, Alabama, Court of Federal Claims No: 17-0258V. 74. Heather Goff, Phoenix, Arizona, Court of Federal Claims No: 17-0259V. 75. Ronald Culberson, Montgomery, Alabama, Court of Federal Claims No: 17-0260V. 76. Judith Bruegging, Dresher, Pennsylvania, Court of Federal Claims No: 17-0261V. 77. Sherry Briggs, Louisville, Kentucky, Court of Federal Claims No: 17-0262V. 78. Michele Carusotto, Boston, Massachusetts, Court of Federal Claims No: 17-0263V. 79. Sharon Cain, Cordova, Tennessee, Court of Federal Claims No: 17-0264V. 80. Lizette Stillabower on behalf of A. H., Houston, Texas, Court of Federal Claims No: 17-0265V. 81. Emily Dickson, Dresher, Pennsylvania, Court of Federal Claims No: 17-0267V. 82. Charles A. Hightower, Janesville, Wisconsin, Court of Federal Claims No: 17-0268V. 83. Jeanne Hendrickson on behalf of E. H., New Haven, Connecticut, Court of Federal Claims No: 17-0269V. 84. Jennifer Lugo on behalf of K. L., La Crosse, Wisconsin, Court of Federal Claims No: 17-0270V. 85. Janice Bacon, Boston, Massachusetts, Court of Federal Claims No: 17-0271V. 86. Mary M. Hubbell, Shelbyville, Indiana, Court of Federal Claims No: 17-0272V. 87. Vincent Anderson, Los Angeles, California, Court of Federal Claims No: 17-0273V. 88. Patricia Millender on behalf of J. R., Greensboro, North Carolina, Court of Federal Claims No: 17-0274V. 89. Paul Goodman, Kahului, Hawaii, Court of Federal Claims No: 17-0275V. 90. Christine Smith, Lackawanna, New York, Court of Federal Claims No: 17-0276V. 91. Desiree Danger, Dallas, Texas, Court of Federal Claims No: 17-0278V. 92. Cheryl Gill, Dresher, Pennsylvania, Court of Federal Claims No: 17-0280V. 93. Brittany K. Brown, Colonial Heights, Virginia, Court of Federal Claims No: 17-0281V. 94. Marla Kramer, Dresher, Pennsylvania, Court of Federal Claims No: 17-0283V. 95. Jennifer M. Warkoczewski, Dresher, Pennsylvania, Court of Federal Claims No: 17-0284V. 96. Angel Dandrea, Dresher, Pennsylvania, Court of Federal Claims No: 17-0285V. 97. Kris Aley, Beverly Hills, California, Court of Federal Claims No: 17-0286V.
    [FR Doc. 2017-06499 Filed 3-31-17; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meetings of the National Preparedness and Response Science Board and the National Advisory Committee on Children and Disasters AGENCY:

    Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services (HHS) is hereby giving notice that the National Preparedness and Response Science Board (NPRSB) will hold a public meeting on April 12, 2017, and a joint public meeting with the National Advisory Committee on Children and Disasters (NACCD) on April 13, 2017.

    DATES:

    The April 12, 2017, NPRSB public meeting is scheduled from 9:00 a.m. to 11:00 a.m. EST. The NPRSB and NACCD will hold a joint public meeting on April 13, 2017, from 9:00 p.m. to 4:00 p.m. EST. The agenda is subject to change as priorities dictate.

    ADDRESSES:

    Individuals who wish to participate should send an email, under the “Contact Us” link, to http://www.phe.gov/nprsb and http://www.phe.gov/naccd with “NACCD Registration” or “NPRSB Registration” in the subject line. The meeting will occur in person and via teleconference. To attend in-person or via teleconference, please visit the NPRSB and NACCD Web sites at http://www.phe.gov/nprsb and http://www.phe.gov/naccd for further instructions.

    FOR FURTHER INFORMATION CONTACT:

    Please submit an inquiry via the NPRSB Contact Form or the NACCD Contact Form located at http://www.phe.gov/NACCDComments or http://www.phe.gov/NBSBComments.

    SUPPLEMENTARY INFORMATION:

    Pursuant to section 319M of the PHS Act (42 U.S.C. 247d-7f) and section 222 of the PHS Act (42 U.S.C. 217a), HHS established the NPRSB. The Board shall provide expert advice and guidance to the Secretary on scientific, technical, and other matters of special interest to HHS regarding current and future chemical, biological, nuclear, and radiological agents, whether naturally occurring, accidental, or deliberate. The NPRSB may also provide advice and guidance to the Secretary and/or the Assistant Secretary for Preparedness and Response (ASPR) on other matters related to public health emergency preparedness and response. Pursuant to the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), and section 2811A of the Public Health Service (PHS) Act (42 U.S.C. 300hh-10a), as added by section 103 of the Pandemic and All Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5), the HHS Secretary, in consultation with the Secretary of the U.S. Department of Homeland Security, established the NACCD. The purpose of the NACCD is to provide advice and consultation to the HHS Secretary with respect to the medical and public health needs of children in relation to disasters.

    Background: The NPRSB public meeting on April 12, 2017, will be dedicated to the swearing-in of one new voting member and the re-appointment of five existing members. The NPRSB and NACCD will hold a joint public meeting and ASPR Day on April 13, 2017, with presentations on ASPR priorities, the National Health Security Strategy, and stakeholder updates. Subsequent agenda topics will be added as priorities dictate. Any additional agenda topics will be available on the April 12 and 13, 2017 meeting Web pages of the NPRSB and NACCD, which are available at http://www.phe.gov/nprsb and http://www.phe.gov/naccd.

    Availability of Materials: The joint meeting agenda and materials are posted prior to the meeting on April 12 and 13, 2017 meeting Web pages at http://www.phe.gov/nprsb and http://www.phe.gov/naccd.

    Procedures for Providing Public Input: Members of the public attend in-person or by teleconference via a toll-free call-in phone number, which is available on the NPRSB or NACCD Web sites at http://www.phe.gov/nprsb and http://www.phe.gov/naccd. All members of the public are encouraged to provide written comment to the NPRSB and NACCD. Submit all written comments prior to April 12, 2017, to their Web sites, under the “Contact Us” link, at http://www.phe.gov/nprsb and http://www.phe.gov/naccd with “NACCD Public Comment” or “NPRSB Public Comment” as the subject line. Public comments received by close of business one week prior to the teleconference are distributed to the NACCD or NPRSB.

    Dated: March 13, 2017. George W. Korch, Jr., Acting Assistant Secretary for Preparedness and Response.
    [FR Doc. 2017-06409 Filed 3-31-17; 8:45 am] BILLING CODE 4150-28-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; AIDSRRC Independent SEP.

    Date: April 25, 2017.

    Time: 10:00 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: Peter R. Jackson, Ph.D., Chief, AIDS Research Review Branch, Scientific Review Program, Division of Extramural Activities, Room #3G20, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, (240) 669-5049, [email protected]

    (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 28, 2017. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-06403 Filed 3-31-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health (NIH) National Institute of Mental Health; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of an Interagency Autism Coordinating Committee (IACC or Committee) meeting.

    The purpose of the IACC meeting is to discuss business, agency updates, and issues related to autism spectrum disorder (ASD) research and services activities. The Committee will discuss the 2017 update of the IACC Strategic Plan. The meeting will be open to the public and will be accessible by webcast and conference call.

    Name of Committee: Interagency Autism Coordinating Committee (IACC).

    Type of meeting: Open Meeting.

    Date: April 26, 2017.

    Time: 9:00 a.m. to 5:00 p.m.* Eastern Time * Approximate end time.

    Agenda: To discuss business, updates, and issues related to ASD research and services activities. The Committee will discuss updates of the IACC Strategic Plan.

    Place: National Institutes of Health, 31 Center St, Building 31, C Wing, 6th Floor, Conference Room 6, Bethesda, MD 20892.

    Webcast Live: https://videocast.nih.gov.

    Conference Call Access: Dial: 800-857-9708; Access code: 4617338.

    Cost: The meeting is free and open to the public.

    Registration: A registration web link will be posted on the IACC Web site (www.iacc.hhs.gov) prior to the meeting. Pre-registration is recommended to expedite check-in. Seating in the meeting room is limited to room capacity and on a first come, first served basis. Onsite registration will also be available.

    Deadlines:

    Notification of intent to present oral comments: Friday, April 14, 2017 by 5:00 p.m. ET.

    Submission of written/electronic statement for oral comments: Tuesday, April 18, 2017 by 5:00 p.m. ET.

    Submission of written comments: Tuesday, April 18, 2017 by 5:00 p.m. ET.

    For IACC Public Comment guidelines please see: https://iacc.hhs.gov/meetings/public-comments/guidelines/.

    Access: Medical Center Metro Station (Red Line).

    Contact Person: Ms. Angelice Mitrakas, Office of Autism Research Coordination, National Institute of Mental Health, NIH, 6001 Executive Boulevard, Room 6182A, Bethesda, MD 20892-9669, Phone: 301-435-9269, Email: [email protected].

    Public Comments

    Any member of the public interested in presenting oral comments to the Committee must notify the Contact Person listed on this notice by 5:00 p.m. ET on Friday, April 14, 2017, with their request to present oral comments at the meeting, and a written/electronic copy of the oral presentation/statement must be submitted by 5:00 p.m. ET on Tuesday, April 18, 2017. A limited number of slots for oral comment are available, and in order to ensure that as many different individuals are able to present throughout the year as possible, any given individual only will be permitted to present oral comments once per calendar year (2017). Only one representative of an organization will be allowed to present oral comments in any given meeting; other representatives of the same group may provide written comments. If the oral comment session is full, individuals who could not be accommodated are welcome to provide written comments instead. Comments to be read or presented in the meeting must not exceed 250 words or 3 minutes, but a longer version may be submitted in writing for the record. Commenters going beyond the 250 word or 3 minute time limit in the meeting may be asked to conclude immediately in order to allow other comments and presentations to proceed on schedule.

    Any interested person may submit written public comments to the IACC prior to the meeting by emailing the comments to [email protected] or by submitting comments at the web link: https://iacc.hhs.gov/meetings/public-comments/submit/index.jsp by 5:00 p.m. ET on Tuesday, April 18, 2017. The comments should include the name, address, telephone number, and when applicable, the business or professional affiliation of the interested person. NIMH anticipates written public comments received by 5:00 p.m. ET on Tuesday, April 18, 2017 will be presented to the Committee prior to the meeting for the Committee's consideration. Any written comments received after the 5:00 p.m. ET, April 14, 2017 deadline through April 18, 2017 will be provided to the Committee either before or after the meeting, depending on the volume of comments received and the time required to process them in accordance with privacy regulations and other applicable Federal policies. All written public comments and oral public comment statements received by the deadlines for both oral and written public comments will be provided to the IACC for their consideration and will become part of the public record. Attachments of copyrighted publications are not permitted, but web links or citations for any copyrighted works cited may be provided.

    In the 2009 IACC Strategic Plan, the IACC listed the “Spirit of Collaboration” as one of its core values, stating that, “We will treat others with respect, listen to diverse views with open minds, discuss submitted public comments, and foster discussions where participants can comfortably offer opposing opinions.” In keeping with this core value, the IACC and the NIMH Office of Autism Research Coordination (OARC) ask that members of the public who provide public comments or participate in meetings of the IACC also seek to treat others with respect and consideration in their communications and actions, even when discussing issues of genuine concern or disagreement.

    Remote Access

    The meeting will be open to the public through a conference call phone number and webcast live on the Internet. Members of the public who participate using the conference call phone number will be able to listen to the meeting but will not be heard. If you experience any technical problems with the webcast or conference call, please send an email to [email protected]

    Individuals wishing to participate in person or by using these electronic services and who need special assistance, such as captioning of the conference call or other reasonable accommodations, should submit a request to the Contact Person listed on this notice at least five days prior to the meeting.

    Security

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs and hotel and airport shuttles, will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Also as a part of security procedures, attendees should be prepared to present a photo ID at the meeting registration desk during the check-in process. Pre-registration is recommended. Seating will be limited to the room capacity and seats will be on a first come, first served basis, with expedited check-in for those who are pre-registered.

    Meeting schedule subject to change.

    Information about the IACC is available on the Web site: http://www.iacc.hhs.gov.

    Dated: March 28, 2017. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-06407 Filed 3-31-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Clinical Neuroimmunology and Brain Tumor SEP.

    Date: April 14, 2017.

    Time: 2:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Wei-Qin Zhao, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5181, MSC 7846, Bethesda, MD 20892-7846, 301-827-7238, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: HIV and Related Research.

    Date: April 19, 2017.

    Time: 9:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Barna Dey, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3184, Bethesda, MD 20892, 301-451-2796, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Clinical Oncology.

    Date: April 25, 2017.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Nicholas J. Donato, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4040, Bethesda, MD 20817, 301-827-4810, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: March 28, 2017. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-06402 Filed 3-31-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies AGENCY:

    Substance Abuse and Mental Health Services Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Health and Human Services (HHS) notifies federal agencies of the laboratories and Instrumented Initial Testing Facilities (IITF) currently certified to meet the standards of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines).

    A notice listing all currently HHS-certified laboratories and IITFs is published in the Federal Register during the first week of each month. If any laboratory or IITF certification is suspended or revoked, the laboratory or IITF will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines.

    If any laboratory or IITF has withdrawn from the HHS National Laboratory Certification Program (NLCP) during the past month, it will be listed at the end and will be omitted from the monthly listing thereafter.

    This notice is also available on the Internet at http://www.samhsa.gov/workplace.

    FOR FURTHER INFORMATION CONTACT:

    Giselle Hersh, Division of Workplace Programs, SAMHSA/CSAP, 5600 Fishers Lane, Room 16N03A, Rockville, Maryland 20857; 240-276-2600 (voice).

    SUPPLEMENTARY INFORMATION:

    The Department of Health and Human Services (HHS) notifies federal agencies of the laboratories and Instrumented Initial Testing Facilities (IITF) currently certified to meet the standards of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 (53 FR 11970), and subsequently revised in the Federal Register on June 9, 1994 (59 FR 29908); September 30, 1997 (62 FR 51118); April 13, 2004 (69 FR 19644); November 25, 2008 (73 FR 71858); December 10, 2008 (73 FR 75122); and on April 30, 2010 (75 FR 22809).

    The Mandatory Guidelines were initially developed in accordance with Executive Order 12564 and section 503 of Public Law 100-71. The “Mandatory Guidelines for Federal Workplace Drug Testing Programs,” as amended in the revisions listed above, requires strict standards that laboratories and IITFs must meet in order to conduct drug and specimen validity tests on urine specimens for federal agencies.

    To become certified, an applicant laboratory or IITF must undergo three rounds of performance testing plus an on-site inspection. To maintain that certification, a laboratory or IITF must participate in a quarterly performance testing program plus undergo periodic, on-site inspections.

    Laboratories and IITFs in the applicant stage of certification are not to be considered as meeting the minimum requirements described in the HHS Mandatory Guidelines. A HHS-certified laboratory or IITF must have its letter of certification from HHS/SAMHSA (formerly: HHS/NIDA), which attests that it has met minimum standards.

    In accordance with the Mandatory Guidelines dated November 25, 2008 (73 FR 71858), the following HHS-certified laboratories and IITFs meet the minimum standards to conduct drug and specimen validity tests on urine specimens:

    HHS-Certified Instrumented Initial Testing Facilities Dynacare, 6628 50th Street NW., Edmonton, AB Canada T6B 2N7, 780-784-1190, (Formerly: Gamma-Dynacare Medical Laboratories) HHS-Certified Laboratories ACM Medical Laboratory, Inc., 160 Elmgrove Park, Rochester, NY 14624, 844-486-9226 Aegis Analytical Laboratories, Inc., 345 Hill Ave., Nashville, TN 37210, 615-255-2400, (Formerly: Aegis Sciences Corporation, Aegis Analytical Laboratories, Inc., Aegis Analytical Laboratories) Alere Toxicology Services, 1111 Newton St., Gretna, LA 70053, 504-361-8989/800-433-3823, (Formerly: Kroll Laboratory Specialists, Inc., Laboratory Specialists, Inc.) Alere Toxicology Services, 450 Southlake Blvd., Richmond, VA 23236, 804-378-9130, (Formerly: Kroll Laboratory Specialists, Inc., Scientific Testing Laboratories, Inc.; Kroll Scientific Testing Laboratories, Inc.) Baptist Medical Center-Toxicology Laboratory, 11401 I-30, Little Rock, AR 72209-7056, 501-202-2783, (Formerly: Forensic Toxicology Laboratory Baptist Medical Center) Clinical Reference Laboratory, Inc., 8433 Quivira Road, Lenexa, KS 66215-2802, 800-445-6917 DrugScan, Inc., 200 Precision Road, Suite 200, Horsham, PA 19044, 800-235-4890 Dynacare,*245 Pall Mall Street, London, ONT, Canada N6A 1P4, 519-679-1630, (Formerly: Gamma-Dynacare Medical Laboratories)

    * The Standards Council of Canada (SCC) voted to end its Laboratory Accreditation Program for Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation (DOT) regulations. As of that date, the certification of those accredited Canadian laboratories will continue under DOT authority. The responsibility for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA-accredited laboratories was transferred to the U.S. HHS, with the HHS' NLCP contractor continuing to have an active role in the performance testing and laboratory inspection processes. Other Canadian laboratories wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. laboratories do.

    Upon finding a Canadian laboratory to be qualified, HHS will recommend that DOT certify the laboratory (Federal Register, July 16, 1996) as meeting the minimum standards of the Mandatory Guidelines published in the Federal Register on November 25, 2008 (73 FR 71858). After receiving DOT certification, the laboratory will be included in the monthly list of HHS-certified laboratories and participate in the NLCP certification maintenance program.

    ElSohly Laboratories, Inc., 5 Industrial Park Drive, Oxford, MS 38655, 662-236-2609 Laboratory Corporation of America Holdings, 7207 N. Gessner Road, Houston, TX 77040, 713-856-8288/800-800-2387 Laboratory Corporation of America Holdings, 69 First Ave., Raritan, NJ 08869, 908-526-2400/800-437-4986, (Formerly: Roche Biomedical Laboratories, Inc.) Laboratory Corporation of America Holdings, 1904 Alexander Drive, Research Triangle Park, NC 27709, 919-572-6900/800-833-3984, (Formerly: LabCorp Occupational Testing Services, Inc., CompuChem Laboratories, Inc.; CompuChem Laboratories, Inc., A Subsidiary of Roche Biomedical Laboratory; Roche CompuChem Laboratories, Inc., A Member of the Roche Group) Laboratory Corporation of America Holdings, 1120 Main Street, Southaven, MS 38671, 866-827-8042/800-233-6339, (Formerly: LabCorp Occupational Testing Services, Inc.; MedExpress/National Laboratory Center) LabOne, Inc. d/b/a Quest Diagnostics, 10101 Renner Blvd., Lenexa, KS 66219, 913-888-3927/800-873-8845, (Formerly: Quest Diagnostics Incorporated; LabOne, Inc.; Center for Laboratory Services, a Division of LabOne, Inc.) MedTox Laboratories, Inc., 402 W. County Road D, St. Paul, MN 55112, 651-636-7466/800-832-3244 MetroLab-Legacy Laboratory Services, 1225 NE 2nd Ave., Portland, OR 97232, 503-413-5295/800-950-5295 Minneapolis Veterans Affairs Medical Center, Forensic Toxicology Laboratory, 1 Veterans Drive, Minneapolis, MN 55417, 612-725-2088, Testing for Veterans Affairs (VA) Employees Only National Toxicology Laboratories, Inc., 1100 California Ave., Bakersfield, CA 93304, 661-322-4250/800-350-3515 One Source Toxicology Laboratory, Inc., 1213 Genoa-Red Bluff, Pasadena, TX 77504, 888-747-3774, (Formerly: University of Texas Medical Branch, Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory) Pacific Toxicology Laboratories, 9348 DeSoto Ave., Chatsworth, CA 91311, 800-328-6942, (Formerly: Centinela Hospital Airport Toxicology Laboratory) Pathology Associates Medical Laboratories, 110 West Cliff Dr., Spokane, WA 99204, 509-755-8991/800-541-7891x7 Phamatech, Inc., 15175 Innovation Drive, San Diego, CA 92128, 888-635-5840 Quest Diagnostics Incorporated, 1777 Montreal Circle, Tucker, GA 30084, 800-729-6432, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories) Quest Diagnostics Incorporated, 400 Egypt Road, Norristown, PA 19403, 610-631-4600/877-642-2216, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories) Quest Diagnostics Incorporated, 8401 Fallbrook Ave., West Hills, CA 91304, 818-737-6370, (Formerly: SmithKline Beecham Clinical Laboratories) Redwood Toxicology Laboratory, 3700 Westwind Blvd., Santa Rosa, CA 95403, 800-255-2159 STERLING Reference Laboratories, 2617 East L Street, Tacoma, Washington 98421, 800-442-0438 US Army Forensic Toxicology Drug Testing Laboratory, 2490 Wilson St., Fort George G. Meade, MD 20755-5235, 301-677-7085, Testing for Department of Defense (DoD) Employees Only

    The following laboratory voluntarily withdrew from the NLCP effective February 28, 2017:

    Fortes Laboratories, Inc., 25749 SW Canyon Creek Road, Suite 600, Wilsonville, OR 97070, 503-486-1023 Charles LoDico, Chemist.
    [FR Doc. 2017-06476 Filed 3-31-17; 8:45 am] BILLING CODE 4160-20-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4297-DR; Docket ID FEMA-2017-0001] Georgia; Amendment No. 6 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of Georgia (FEMA-4297-DR), dated January 26, 2017, and related determinations.

    DATES:

    Effective Date: March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of Georgia is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of January 26, 2017.

    Putnam County for Public Assistance

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    Robert J. Fenton, Acting Administrator, Federal Emergency Management Agency.
    [FR Doc. 2017-06430 Filed 3-31-17; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4297-DR; Docket ID FEMA-2017-0001] Georgia; Amendment No. 7 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of Georgia (FEMA-4297-DR), dated January 26, 2017, and related determinations.

    DATES:

    Effective March 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Warren J. Riley, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

    This action terminates the appointment of Kevin L. Hannes as Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    Robert J. Fenton, Acting Administrator, Federal Emergency Management Agency.
    [FR Doc. 2017-06433 Filed 3-31-17; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4298-DR; Docket ID FEMA-2017-0001] South Dakota; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of South Dakota (FEMA-4298-DR), dated February 1, 2017, and related determinations.

    DATES:

    Effective Date: March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of South Dakota is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of February 1, 2017.

    The Lake Traverse Reservation for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    Robert J. Fenton, Acting Administrator, Federal Emergency Management Agency.
    [FR Doc. 2017-06431 Filed 3-31-17; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4269-DR; Docket ID FEMA-2017-0001] Texas; Amendment No. 7 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for State of Texas (FEMA-4272-DR), dated April 25, 2016, and related determinations.

    DATES:

    Effective Date: March 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Jerry S. Thomas, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

    This action terminates the appointment of William J. Doran III as Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    Robert J. Fenton, Acting Administrator, Federal Emergency Management Agency.
    [FR Doc. 2017-06434 Filed 3-31-17; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4294-DR; Docket ID FEMA-2017-0001] Georgia; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of Georgia (FEMA-4294-DR), dated January 25, 2017, and related determinations.

    DATES:

    Effective Date: March 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Warren J. Riley, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

    This action terminates the appointment of Kevin L. Hannes as Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    Robert J. Fenton, Acting Administrator, Federal Emergency Management Agency.
    [FR Doc. 2017-06435 Filed 3-31-17; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF THE INTERIOR Office of the Secretary [Docket No. ONRR-2012-0003; DS63600000 DR2000000.PMN000 178D0102R2] Royalty Policy Committee Establishment; Request for Nominations AGENCY:

    Office of Natural Resources Revenue, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Department of the Interior (DOI) is establishing and seeking nominations for the Royalty Policy Committee (Committee). The Committee will provide advice to the Secretary on the fair market value of, and the collection of revenues derived from, the development of energy and mineral resources on Federal and Indian lands.

    DATES:

    Comments regarding the establishment of this Committee must be submitted no later than April 18, 2017. Nominations for the Committee must be submitted by May 3, 2017.

    ADDRESSES:

    You may submit comments and/or nominations by any of the following methods:

    • Mail or hand-carry nominations to Ms. Kim Oliver, Department of the Interior, Office of Natural Resources Revenue, 1849 C Street NW., MS 5134, Washington, DC 20240; or

    Email nominations to: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Ms. Judy Wilson, Office of Natural Resources Revenue; telephone (202) 208-4410; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Committee is established under the authority of the Secretary of the Interior (Secretary) and regulated by the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. Appendix 2). The Secretary seeks to ensure that the public receives the full value of the natural resources produced from Federal lands. The duties of the Committee are solely advisory in nature. The Committee will, at the request of the Designated Federal Officer (DFO), advise on current and emerging issues related to the determination of fair market value, and the collection of revenue from energy and mineral resources on Federal and Indian lands. The Committee also will advise on the potential impacts of proposed policies and regulations related to revenue collection from such development, including whether a need exists for regulatory reform.

    We are seeking nominations for individuals to be considered as Committee members. The Committee will not exceed 28 members and will be composed of Federal and non-Federal members in order to ensure fair and balanced representation. The Secretary will appoint non-Federal members and their alternates to the Committee to serve up to a three-year term. The Assistant Secretary—Land and Minerals Management and the Director of ONRR, or their designee(s), shall serve as co-Chairs of the Committee.

    Federal Members: The Secretary will appoint the following officials as non-voting, ex-officio members of the Committee:

    • A representative of the Secretary's Immediate Office • Assistant Secretary—Indian Affairs • Director, Bureau of Indian Affairs • Director, Bureau of Land Management • Director, Bureau of Ocean Energy Management • Director, Bureau of Safety and Environmental Enforcement These officials may designate a senior official to act on their behalf.

    Non-Federal Members: The Secretary will appoint members in the following categories:

    • Up to six members representing the Governors of States that receive more than $10,000,000 annually in royalty revenues from onshore and offshore Federal leases.

    • Up to four members representing the Indian Tribes that are engaged in activities subject to: The Act of May 11, 1938 (commonly known as the “Indian Mineral Leasing Act of 1938”) (25 U.S.C. 396a et seq.); Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.); The Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.); and any other law relating to mineral development that is specific to one or more Indian Tribes.

    • Up to six members representing various mineral and/or energy stakeholders in Federal and Indian royalty policy.

    • Up to four members representing academia and public interest groups.

    Nominations should include a resume providing an adequate description of the nominee's qualifications, including information that would enable DOI to make an informed decision regarding meeting the membership requirements of the Committee and to permit DOI to contact a potential member.

    The Committee will meet at least once each calendar year and at such other times as the DFO determines to be necessary. Members of the Committee serve without compensation. However, while away from their homes or regular places of business, Committee and subcommittee members engaged in Committee or subcommittee business that the DFO approves may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C. 5703, in the same manner as persons employed intermittently in Federal Government service.

    Public Disclosure of Comments: Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Certification Statement: I hereby certify that the Royalty Policy Committee is necessary, is in the public interest, and is established under the authority of the Secretary of the Interior, in support of greater transparency in creating royalty and leasing policy for mineral production on Federal and Tribal lands.

    Authority:

    5 U.S.C. Appendix 2.

    Dated: March 29, 2017. Ryan K. Zinke, Secretary, Department of the Interior.
    [FR Doc. 2017-06542 Filed 3-31-17; 8:45 am] BILLING CODE 4335-30-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-22749; PPWOCRADN0-PCU00RP15.R50000] Native American Graves Protection and Repatriation Review Committee: Request for Nominations AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting nominations for one member of the Native American Graves Protection and Repatriation Review Committee (Review Committee). The Secretary of the Interior will appoint one member from nominations submitted by Indian tribes, Native Hawaiian organizations, or traditional Native American religious leaders. The nominee need not be a traditional Indian religious leader. The Review Committee was established by the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), and is regulated by the Federal Advisory Committee Act (FACA).

    DATES:

    Nominations must be received by July 3, 2017.

    ADDRESSES:

    Melanie O'Brien, Designated Federal Officer, Native American Graves Protection and Repatriation Review Committee, National NAGPRA Program (2253), National Park Service, 1849 C Street NW., Room 7360, Washington, DC 20240, (202) 354-2201 or via email [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Melanie O'Brien, Designated Federal Officer, Native American Graves Protection and Repatriation Review Committee, National NAGPRA Program (2253), National Park Service, 1849 C Street NW., Room 7360, Washington, DC 20240, (202) 354-2201 or via email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Review Committee is responsible for:

    1. Monitoring the NAGPRA inventory and identification process;

    2. Reviewing and making findings related to the identity or cultural affiliation of cultural items, or the return of such items;

    3. Facilitating the resolution of disputes;

    4. Compiling an inventory of culturally unidentifiable human remains and developing a process for disposition of such remains;

    5. Consulting with Indian tribes and Native Hawaiian organizations and museums on matters within the scope of the work of the Review Committee affecting such tribes or organizations;

    6. Consulting with the Secretary of the Interior in the development of regulations to carry out NAGPRA; and

    7. Making recommendations regarding future care of repatriated cultural items.

    The Review Committee consists of seven members appointed by the Secretary of the Interior. The Secretary may not appoint Federal officers or employees to the Review Committee. Three members are appointed from nominations submitted by Indian tribes, Native Hawaiian organizations, or traditional Native American religious leaders. At least two of these members must be traditional Indian religious leaders. Three members are appointed from nominations submitted by national museum or scientific organizations. One member is appointed from a list of persons developed and consented to by all of the other members.

    Members serve as Special Government Employees and are required to complete annual ethics training. Members are appointed for 4-year terms and incumbent members may be reappointed for 2-year terms. The Review Committee's work is completed during public meetings. The Review Committee attempts to meet in person twice a year and meetings normally last two or three days. The Review Committee may hold one or more public teleconferences of several hours duration.

    The Review Committee members serve without pay but reimbursed for each day of meeting attendance. Review Committee members are also reimbursed for travel expenses incurred in association with Review Committee meetings (25 U.S.C. 3006(b)(4)). Additional information regarding the Review Committee, including the Review Committee's charter, meeting protocol, and dispute resolution procedures, is available on the National NAGPRA Program Web site, at www.nps.gov/NAGPRA/REVIEW/.

    Individuals who are federally registered lobbyists are ineligible to serve on all FACA and non-FACA boards, committees, or councils in an individual capacity. The term “individual capacity” refers to individuals who are appointed to exercise their own individual best judgment on behalf of the government, such as when they are designated Special Government Employees, rather than being appointed to represent a particular interest.

    Nominations must:

    1. Be submitted by an Indian tribe or Native Hawaiian organization on the official letterhead of the Indian tribe or Native Hawaiian organization.

    2. If submitted by an Indian tribe or Native Hawaiian organization, affirm that the signatory is the official authorized by the Indian tribe or Native Hawaiian organization to submit the nomination.

    3. If submitted by a Native American traditional religious leader, affirm that the signatory meets the definition of traditional Native American religious leader.

    4. Provide the nominator's original signature, daytime telephone number, and email address.

    5. Include the nominee's full legal name, home address, home telephone number, and email address.

    Nominations should include the nominee's resume providing an adequate description of a nominee's qualifications, including information that would enable the Department of the Interior to make an informed decision regarding meeting the membership requirements of the Committee and permit the Department of the Interior to contact a potential member.

    Authority:

    (5 U.S.C. Appendix 2); (25 U.S.C. 3006).

    Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2017-06444 Filed 3-31-17; 8:45 am] BILLING CODE 4312-52-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-683 (Fourth Review)] Fresh Garlic From China; Institution of a Five-Year Review AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty order on fresh garlic from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

    DATES:

    Effective April 3, 2017. To be assured of consideration, the deadline for responses is May 3, 2017. Comments on the adequacy of responses may be filed with the Commission by June 15, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background.—On November 16, 1994, the Department of Commerce (“Commerce”) issued an antidumping duty order on imports of fresh garlic from China (59 FR 59209). Following first five-year reviews by Commerce and the Commission, effective March 13, 2001, Commerce issued a continuation of the antidumping duty order on imports of fresh garlic from China (66 FR 14544). Following second five-year reviews by Commerce and the Commission, effective October 19, 2006, Commerce issued a continuation of the antidumping duty order on imports of fresh garlic from China (71 FR 61708). Following the third five-year reviews by Commerce and the Commission, effective April 30, 2012, Commerce issued a continuation of the antidumping duty order on imports of fresh garlic from China (77 FR 28355, May 14, 2012). The Commission is now conducting a fourth review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission's Rules of Practice and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice.

    Definitions.—The following definitions apply to this review:

    (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.

    (2) The Subject Country in this review is China.

    (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination, the Commission found three separate Domestic Like Products consisting of fresh garlic, dehydrated garlic, and seed garlic corresponding with the broader scope of the original investigation. However, the Commission found that the domestic industries producing garlic for dehydration and seed garlic were neither materially injured nor threatened with material injury by reason of the subject imports from China. One Commissioner defined the Domestic Like Product differently in the original determination. Consistent with its Domestic Like Product definition in the original investigation, the Commission found in its full first five-year review determination and its expedited second and third five-year review determinations a single Domestic Like Product consisting of all fresh garlic, coextensive with Commerce's scope.

    (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission found three Domestic Industries consisting of the domestic producers of fresh garlic, the domestic producers of dehydrated garlic, and the domestic producers of seed garlic to coincide with the three Domestic Like Products. The Commission also found that crop tenders were not members of the Domestic Industry. One Commissioner defined the Domestic Industry differently in the original determination. In its full first five-year review determination, consistent with Commerce's narrower scope and the Commission's Domestic Like Product definition of a single Domestic Like Product consisting of all fresh garlic, the Commission found a single Domestic Industry consisting of all producers of fresh garlic. In its expedited second and third five-year review determinations, the Commission again found a single Domestic Industry consisting of all domestic producers of fresh garlic.

    (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent.

    Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding.

    Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission's designated agency ethics official has advised that a five-year review is not the same particular matter as the underlying original investigation, and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 2008). Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation or an earlier review of the same underlying investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088.

    Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this proceeding available to authorized applicants under the APO issued in the proceeding, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the proceeding. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

    Certification.—Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this proceeding must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will acknowledge that information submitted in response to this request for information and throughout this proceeding or other proceeding may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements.

    Written submissions.—Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is May 3, 2017. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is June 15, 2017. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's rules with respect to electronic filing. Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the proceeding must be served on all other parties to the proceeding (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the proceeding you do not need to serve your response).

    No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117 0016/USITC No. 17-5-381, expiration date June 30, 2017. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436.

    Inability to provide requested information.—Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in making its determination in the review.

    Information to be Provided in Response to this Notice of Institution: As used below, the term “firm” includes any related firms.

    (1) The name and address of your firm or entity (including World Wide Web address) and name, telephone number, fax number, and Email address of the certifying official.

    (2) A statement indicating whether your firm/entity is an interested party under 19 U.S.C. 1677(9) and if so, how, including whether your firm/entity is a U.S. producer of the Domestic Like Product, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, a U.S. or foreign trade or business association (a majority of whose members are interested parties under the statute), or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.

    (3) A statement indicating whether your firm/entity is willing to participate in this proceeding by providing information requested by the Commission.

    (4) A statement of the likely effects of the revocation of the antidumping duty order on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry.

    (5) A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).

    (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in the Subject Country that currently export or have exported Subject Merchandise to the United States or other countries after 2011.

    (7) A list of 3-5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject Merchandise (including street address, World Wide Web address, and the name, telephone number, fax number, and Email address of a responsible official at each firm).

    (8) A list of known sources of information on national or regional prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets.

    (9) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm's operations on that product during crop year 2016 (June 2015-May 2016), except as noted (report quantity data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.

    (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm's(s') production;

    (b) Capacity (quantity) of your firm to produce the Domestic Like Product (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix);

    (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s);

    (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and

    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends).

    (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country, provide the following information on your firm's(s') operations on that product during crop year 2016 (June 2015-May 2016) (report quantity data in pounds and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.

    (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Country accounted for by your firm's(s') imports;

    (b) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and

    (c) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country.

    (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm's(s') operations on that product during crop year 2016 (June 2015-May 2016) (report quantity data in pounds and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.

    (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm's(s') production;

    (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in the Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and

    (c) the quantity and value of your firm's(s') exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm's(s') exports.

    (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2011, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries.

    (13) (Optional) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules.

    Issued: March 28, 2017.

    By order of the Commission.

    Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-06427 Filed 3-31-17; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1186-1187 (Review)] Certain Stilbenic Optical Brightening Agents From China and Taiwan; Institution of Five-Year Reviews AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty orders on certain stilbenic optical brightening agents from China and Taiwan would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

    DATES:

    Effective April 3, 2017. To be assured of consideration, the deadline for responses is May 3, 2017. Comments on the adequacy of responses may be filed with the Commission by June 15, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background.—On May 10, 2012, the Department of Commerce issued antidumping duty orders on imports of certain stilbenic optical brightening agents from China and Taiwan (77 FR 27419 and 27423). The Commission is conducting reviews pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission's Rules of Practice and Procedure at 19 CFR parts 201, Subparts A and B and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full reviews or expedited reviews. The Commission's determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice.

    Definitions.—The following definitions apply to these reviews:

    (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by the Department of Commerce.

    (2) The Subject Countries in these reviews are China and Taiwan.

    (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determinations, the Commission found a single Domestic Like Product consisting of all forms, states, concentrations, and compositions of stilbenic optical brightening agent products co-extensive with Commerce's scope.

    (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations, the Commission defined the Domestic Industry to consist of all U.S. producers of the Domestic Like Product, namely Clariant Corporation, BASF Corporation, and 3V Incorporated.

    (5) The Order Date is the date that the antidumping duty orders under review became effective. In these reviews, the Order Date is May 10, 2012.

    (6) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent.

    Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding.

    Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission's designated agency ethics official has advised that a five-year review is not the same particular matter as the underlying original investigation, and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 2008). Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation or an earlier review of the same underlying investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088.

    Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this proceeding available to authorized applicants under the APO issued in the proceeding, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the proceeding. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

    Certification.—Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this proceeding must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will acknowledge that information submitted in response to this request for information and throughout this proceeding or other proceeding may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements.

    Written submissions.—Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is May 3, 2017. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct expedited or full reviews. The deadline for filing such comments is June 15, 2017. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's rules with respect to electronic filing. Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the proceeding must be served on all other parties to the proceeding (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the proceeding you do not need to serve your response).

    No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117 0016/USITC No. 17-5-383, expiration date June 30, 2017. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436.

    Inability to provide requested information.—Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in making its determinations in the reviews.

    Information to be provided in response to this Notice of Institution: If you are a domestic producer, union/worker group, or trade/business association; import/export Subject Merchandise from more than one Subject Country; or produce Subject Merchandise in more than one Subject Country, you may file a single response. If you do so, please ensure that your response to each question includes the information requested for each pertinent Subject Country. As used below, the term “firm” includes any related firms.

    (1) The name and address of your firm or entity (including World Wide Web address) and name, telephone number, fax number, and Email address of the certifying official.

    (2) A statement indicating whether your firm/entity is an interested party under 19 U.S.C. 1677(9) and if so, how, including whether your firm/entity is a U.S. producer of the Domestic Like Product, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, a U.S. or foreign trade or business association (a majority of whose members are interested parties under the statute), or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.

    (3) A statement indicating whether your firm/entity is willing to participate in this proceeding by providing information requested by the Commission.

    (4) A statement of the likely effects of the revocation of the antidumping duty orders on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry.

    (5) A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).

    (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in each Subject Country that currently export or have exported Subject Merchandise to the United States or other countries since the Order Date.

    (7) A list of 3-5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject Merchandise (including street address, World Wide Web address, and the name, telephone number, fax number, and Email address of a responsible official at each firm).

    (8) A list of known sources of information on national or regional prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets.

    (9) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm's operations on that product during calendar year 2016, except as noted (report quantity data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.

    (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm's(s') production;

    (b) Capacity (quantity) of your firm to produce the Domestic Like Product (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix);

    (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s);

    (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and

    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends).

    (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from any Subject Country, provide the following information on your firm's(s') operations on that product during calendar year 2016 (report quantity data in pounds and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.

    (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm's(s') imports;

    (b) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from each Subject Country; and

    (c) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country.

    (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in any Subject Country, provide the following information on your firm's(s') operations on that product during calendar year 2016 (report quantity data in pounds and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.

    (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm's(s') production;

    (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in each Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and

    (c) the quantity and value of your firm's(s') exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm's(s') exports.

    (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country since the Order Date, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in each Subject Country, and such merchandise from other countries.

    (13) (Optional) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of Title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: March 28, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-06429 Filed 3-31-17; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1185 (Review)] Certain Steel Nails From the United Arab Emirates; Institution of a Five-Year Review AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty order on certain steel nails from the United Arab Emirates would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

    DATES:

    Effective April 3, 2017. To be assured of consideration, the deadline for responses is May 3, 2017. Comments on the adequacy of responses may be filed with the Commission by June 15, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background.—On May 10, 2012, the Department of Commerce issued an antidumping duty order on imports of certain steel nails from the United Arab Emirates (77 FR 27421). The Commission is conducting a review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission's Rules of Practice and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice.

    Definitions.—The following definitions apply to this review:

    (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.

    (2) The Subject Country in this review is the United Arab Emirates.

    (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination, the Commission defined the Domestic Like Product as steel nails, coextensive with the scope of the investigation.

    (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission defined the Domestic Industry as all U.S. producers of steel nails.

    (5) The Order Date is the date that the antidumping duty order under review became effective. In this review, the Order Date is May 10, 2012.

    (6) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent.

    Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses