Federal Register Vol. 82, No.67,

Federal Register Volume 82, Issue 67 (April 10, 2017)

Page Range17097-17377
FR Document

82_FR_67
Current View
Page and SubjectPDF
82 FR 17124 - Safety Zone; Columbia River, Sand Island, WAPDF
82 FR 17377 - Honoring the Memory of John GlennPDF
82 FR 17375 - Delegation of Authority Under the National Defense Authorization Act for Fiscal Year 2017PDF
82 FR 17297 - Sunshine Act MeetingPDF
82 FR 17265 - Meeting Notice; Advisory Council for the Elimination of Tuberculosis (ACET)PDF
82 FR 17270 - Notice of Request for Revision to and Extension of a Currently Approved Information Collection for the Chemical Facility Anti-Terrorism StandardsPDF
82 FR 17277 - Indian Gaming; Tribal-State Class III Gaming Compact Taking Effect in the State of CaliforniaPDF
82 FR 17226 - Privacy Act of 1974; System of RecordsPDF
82 FR 17245 - Board of Scientific Counselors Executive Committee; Notification of Public Teleconference and Public CommentPDF
82 FR 17244 - Notice of Availability of Final NPDES General Permits for Discharges From Potable Water Treatment Facilities in Massachusetts and New Hampshire: The Potable Water Treatment Facility General Permit (PWTF GP)PDF
82 FR 17161 - Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery SystemsPDF
82 FR 17256 - Pesticide Product Registration; Receipt of Applications for New UsesPDF
82 FR 17255 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, Commonwealth of VirginiaPDF
82 FR 17178 - Submission for OMB Review; Comment RequestPDF
82 FR 17266 - Agency Information Collection Activities; Submission to OMB for Review and Approval; Public Comment RequestPDF
82 FR 17243 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of AlaskaPDF
82 FR 17257 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of IowaPDF
82 FR 17252 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of South CarolinaPDF
82 FR 17243 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of MontanaPDF
82 FR 17246 - Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain UsesPDF
82 FR 17166 - Approval of Air Quality Implementation Plans; New Jersey, 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment and PM2.5PDF
82 FR 17258 - Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide RegistrationsPDF
82 FR 17251 - Dinotefuran; Receipt of Applications for Emergency Exemptions, Solicitation of Public CommentPDF
82 FR 17253 - Cancellation Order for Certain Pesticide Registrations and/or Amendments To Terminate UsesPDF
82 FR 17257 - Notification of a Meeting of the Science Advisory Board Economy-Wide Modeling PanelPDF
82 FR 17146 - Acetamiprid; Pesticide Tolerances for Emergency ExemptionPDF
82 FR 17241 - Registration Review; Biopesticide Dockets Opened for Review and CommentPDF
82 FR 17175 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various CommoditiesPDF
82 FR 17240 - Pesticide Product Registration; Receipt of Application for New Active IngredientPDF
82 FR 17333 - Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board; Notice of MeetingsPDF
82 FR 17224 - Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public MeetingPDF
82 FR 17151 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Omaha Lead Superfund SitePDF
82 FR 17185 - Notice of Public Meeting of the Arkansas Advisory Committee To Discuss Civil Rights Topics in the StatePDF
82 FR 17280 - 1,1,1,2-Tetrafluoroethane (R-134a) From ChinaPDF
82 FR 17280 - Pure Magnesium From ChinaPDF
82 FR 17119 - Schedules of Controlled Substances: Temporary Placement of Six Synthetic Cannabinoids (5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA) into Schedule IPDF
82 FR 17265 - Financial Management and Assurance; Government Auditing StandardsPDF
82 FR 17124 - Drawbridge Operation Regulation; Upper Mississippi River, Rock Island, ILPDF
82 FR 17324 - California Disaster #CA-00267PDF
82 FR 17180 - Agency Information Collection Activities: Proposed Collection: Comment Request: Form FNS-583, Supplemental Nutrition Assistance Program Employment and Training Program Activity ReportPDF
82 FR 17277 - Notice of Public Meeting for the Albuquerque District Resource Advisory CouncilPDF
82 FR 17260 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
82 FR 17260 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 17227 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Miele Incorporated From the Department of Energy Residential Dishwasher Test ProcedurePDF
82 FR 17229 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Samsung Electronics America, Inc. From the Department of Energy Residential Clothes Washer Test ProcedurePDF
82 FR 17227 - Extension Without Change to a Previously Approved Agency Information CollectionPDF
82 FR 17179 - Southern Gardens Citrus Nursery, LLC; Notice of Intent To Prepare an Environmental Impact Statement for Permit for Release of Genetically Engineered Citrus tristeza virusPDF
82 FR 17188 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review; 2012-2013PDF
82 FR 17188 - Initiation of Antidumping and Countervailing Duty Administrative ReviewsPDF
82 FR 17186 - Foreign-Trade Zone 74-Baltimore, Maryland; Application for Reorganization (Expansion of Service Area) Under Alternative Site FrameworkPDF
82 FR 17332 - Advisory Committee on Disability Compensation, Notice of MeetingPDF
82 FR 17300 - Order Granting a Temporary Exemption to Covered Clearing Agencies From Compliance With Rule 17Ad-22(e)(3)(ii) and Certain Requirements in Rules 17Ad-22(e)(15)(i) and (ii) Under the Securities Exchange Act of 1934PDF
82 FR 17281 - United States v. Smiths Group plc, et al.; Proposed Final Judgment and Competitive Impact StatementPDF
82 FR 17330 - Proposed Collection of Information: Direct Deposit Sign-Up FormPDF
82 FR 17329 - Proposed Collection of Information: Resolution for Transactions Involving Treasury SecuritiesPDF
82 FR 17330 - Proposed Collection of Information: Legacy Treasury Direct FormsPDF
82 FR 17280 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-UHD Alliance, Inc.PDF
82 FR 17296 - Agency Information Collection Activities: Comment RequestPDF
82 FR 17281 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Halon Alternatives Research Corporation, Inc.PDF
82 FR 17234 - Merchant Hydro Developers, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
82 FR 17238 - Merchant Hydro Developers, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
82 FR 17240 - Somersworth Hydro Company, Inc., City of Somersworth, Green Mountain Power Corporation; Notice of Application for Partial Transfer of License and Soliciting Comments, Motions To Intervene, and ProtestsPDF
82 FR 17239 - Oncor Electric Delivery Company LLC; Notice of FilingPDF
82 FR 17235 - Oncor Electric Delivery Company LLC; Notice of FilingPDF
82 FR 17235 - Commission Information Collection Activities (FERC-603); Comment RequestPDF
82 FR 17238 - Arizona Public Service Company; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
82 FR 17235 - Handsome Lake Energy, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
82 FR 17237 - NRG Power Marketing LLC; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
82 FR 17238 - Combined Notice of Filings #1PDF
82 FR 17239 - Records Governing Off-the-Record Communications; Public NoticePDF
82 FR 17234 - Joint California Complainants v. Pacific Gas and Electric Company; Notice of ComplaintPDF
82 FR 17295 - Bureau of Justice Statistics; Agency Information Collection Activities; Proposed eCollection eComments Requested; New Collection: Census of Tribal Law Enforcement Agencies (CTLEA)PDF
82 FR 17225 - Notice of Availability of Government-Owned Inventions; Available for LicensingPDF
82 FR 17274 - Endangered and Threatened Species Permit ApplicationsPDF
82 FR 17332 - Departmental Offices; Interest Rate Paid on Cash Deposited To Secure U.S. Immigration and Customs Enforcement Immigration BondsPDF
82 FR 17263 - American Guild of Organists; Analysis To Aid Public CommentPDF
82 FR 17260 - China National Chemical Corporation, a Corporation; ADAMA Agricultural Solutions Ltd., a Corporation; and Makhteshim Agan of North America, Inc., Doing Business as ADAMA, a Corporation; Analysis To Aid Public CommentPDF
82 FR 17298 - Agency Forms Submitted for OMB Review, Request for CommentsPDF
82 FR 17298 - Proposed Collection; Comment RequestPDF
82 FR 17225 - Endangered and Threatened Species; Take of Anadromous FishPDF
82 FR 17333 - Advisory Committee on Women Veterans, Notice of MeetingPDF
82 FR 17273 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Application for Family Unity BenefitsPDF
82 FR 17279 - Notice of Proposed Information Collection for 1029-0024PDF
82 FR 17101 - Special Conditions: Embraer S.A. Model ERJ 190-300 Airplane; Flight Envelope Protection, General Limiting RequirementsPDF
82 FR 17186 - Agenda and Notice of Public Meeting of the Maryland Advisory CommitteePDF
82 FR 17268 - Government-Owned Inventions; Availability for LicensingPDF
82 FR 17269 - National Heart, Lung, and Blood Institute; Notice of MeetingPDF
82 FR 17270 - National Institute of Environmental Health Sciences; Notice of Closed MeetingPDF
82 FR 17269 - Office of the Director; Notice of Charter RenewalPDF
82 FR 17267 - Meeting of the National Advisory Committee on Children and DisastersPDF
82 FR 17266 - Meetings of the National Preparedness and Response Science Board and the National Advisory Committee on Children and DisastersPDF
82 FR 17297 - In the Matter of Waste Control Specialists LLC; Consolidated Interim Storage Facility; CorrectionPDF
82 FR 17302 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of Proposed Rule Change Amending Rule 36-Equities To Permit Exchange Floor Brokers To Use Non-Exchange Provided Telephones on the FloorPDF
82 FR 17306 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Amending Rule 36 To Permit Exchange Floor Brokers To Use Non-Exchange Provided Telephones on the FloorPDF
82 FR 17311 - Options Clearing Corporation Self-Regulatory Organizations; the Notice of Filing and Immediate Effectiveness of Proposed Rule Change Concerning the Requirement for Clearing Members To Participate in Default Management TestingPDF
82 FR 17336 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of a Proposed Rule Change To Adopt Consolidated FINRA Registration Rules, Restructure the Representative-Level Qualification Examination Program and Amend the Continuing Education RequirementsPDF
82 FR 17314 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change To List and Trade the Shares of the First Trust California Municipal High Income ETFPDF
82 FR 17182 - Child Nutrition Programs: Income Eligibility GuidelinesPDF
82 FR 17331 - Sanctions Actions Pursuant to Executive Order 13722PDF
82 FR 17331 - Sanctions Actions Pursuant to Executive Orders 13722, 13382, and 13687PDF
82 FR 17231 - Combined Notice of FilingsPDF
82 FR 17237 - Combined Notice of FilingsPDF
82 FR 17209 - Reopening of Submission Period for National Institute of Standards and Technology Prize Competition-Reusable Abstractions of Manufacturing Processes (RAMP) ChallengePDF
82 FR 17144 - Air Plan Approval; North Carolina; Motor Vehicle Emissions Control Program; Correcting AmendmentPDF
82 FR 17174 - Air Plan Approval; North Carolina; Motor Vehicle Emissions Control Program; Correcting AmendmentPDF
82 FR 17175 - Air Plan Approval; Georgia; Inspection and Maintenance Program UpdatesPDF
82 FR 17128 - Air Plan Approval; Georgia; Inspection and Maintenance Program UpdatesPDF
82 FR 17209 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Gustavus Ferry Terminal Improvements ProjectPDF
82 FR 17166 - Air Plan Approval; Michigan; Transportation Conformity ProceduresPDF
82 FR 17134 - Air Plan Approval; Michigan; Transportation Conformity ProceduresPDF
82 FR 17131 - Air Plan Approval; Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQSPDF
82 FR 17174 - Air Plan Approval; Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQSPDF
82 FR 17245 - Adequacy Determination for the St. Louis Area 2008 8-Hour Ozone Redesignation Request and Maintenance State Implementation Plan, Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; State of MissouriPDF
82 FR 17178 - Meeting Notice of the National Agricultural Research, Extension, Education, and Economics Advisory BoardPDF
82 FR 17136 - Air Plan Approval; Washington: General Regulations for Air Pollution Sources, Southwest Clean Air Agency JurisdictionPDF
82 FR 17278 - Notice of Application for Recordable Disclaimer of Interest in Lands, Kootenai County, IdahoPDF
82 FR 17324 - Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal SystemPDF
82 FR 17326 - Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal SystemPDF
82 FR 17325 - Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal SystemPDF
82 FR 17328 - Petition for Waiver of CompliancePDF
82 FR 17327 - Petition for Waiver of CompliancePDF
82 FR 17326 - Petition for Waiver of CompliancePDF
82 FR 17325 - Petition for Waiver of CompliancePDF
82 FR 17328 - Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal SystemPDF
82 FR 17160 - Proposed Amendment of Class E Airspace for the following Louisiana Towns; Leesville, LA; and Patterson, LAPDF
82 FR 17156 - Airworthiness Directives; Agusta S.p.A.PDF
82 FR 17158 - Proposed Amendment of Class E Airspace; Mineral Point, WIPDF
82 FR 17124 - Approval and Promulgation of Air Quality Implementation Plans; Maine, New Hampshire, Rhode Island and Vermont; Interstate Transport of Fine Particle and Ozone Air PollutionPDF
82 FR 17187 - Order Denying Export Privileges In the Matter of: Sam Rafic Ghanem, 6714 Forsythia Street, Springfield, VA 22150PDF
82 FR 17152 - Pipeline Safety: Guidance on Training and Qualifications for the Integrity Management ProgramPDF
82 FR 17154 - Airworthiness Directives; The Boeing Company AirplanesPDF
82 FR 17117 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 17097 - 2017 Revisions to the Civil Penalty Inflation Adjustment TablesPDF
82 FR 17114 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 17116 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 17103 - Airworthiness Directives; Bell Helicopter Textron Canada HelicoptersPDF
82 FR 17112 - Airworthiness Directives; Gulfstream Aerospace Corporation AirplanesPDF
82 FR 17107 - Airworthiness Directives; Airbus AirplanesPDF

Issue

82 67 Monday, April 10, 2017 Contents Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

See

Food and Nutrition Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17178 2017-07144 Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 17178-17179 2017-07024
Animal Animal and Plant Health Inspection Service NOTICES Environmental Impact Statements; Availability, etc.: Southern Gardens Citrus Nursery, LLC; Permit for Release of Genetically Engineered Citrus tristeza virus, 17179-17180 2017-07106 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Halon Alternatives Research Corporation, Inc., 17281 2017-07092 UHD Alliance, Inc., 17280-17281 2017-07094 Proposed Final Judgments and Competitive Impact Statements: United States v. Smiths Group plc, et al., 17281-17295 2017-07099 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Council for the Elimination of Tuberculosis, 17265-17266 2017-07284 Civil Rights Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 17185-17186 2017-07053 2017-07122 Maryland Advisory Committee, 17186 2017-07059 Coast Guard Coast Guard RULES Drawbridge Operations: Upper Mississippi River, Rock Island, IL, 17124 2017-07115 Safety Zones: Columbia River, Sand Island, WA, 17124 C1--2017--04196 Commerce Commerce Department See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

Defense Department Defense Department See

Navy Department

Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Temporary Placement of Six Synthetic Cannabinoids into Schedule I, 17119-17124 2017-07118 Education Department Education Department NOTICES Privacy Act; Systems of Records, 17226-17227 2017-07170 Energy Department Energy Department See

Energy Efficiency and Renewable Energy Office

See

Federal Energy Regulatory Commission

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17227 2017-07107 Energy Conservation Programs: Decision and Order Granting a Waiver to Miele Incorporated from the Department of Energy Residential Dishwasher Test Procedure, 17227-17229 2017-07109
Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Programs: Approval Waiver to Samsung Electronics America, Inc. from the Department of Energy Residential Clothes Washer Test Procedure, 17229-17231 2017-07108 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Georgia; Inspection and Maintenance Program Updates, 17128-17131 2017-07032 Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQS, 17131-17133 2017-07028 Maine, New Hampshire, Rhode Island and Vermont; Interstate Transport of Fine Particle and Ozone Air Pollution, 17124-17127 2017-06880 Michigan; Transportation Conformity Procedures, 17134-17136 2017-07029 North Carolina; Motor Vehicle Emissions Control Program; Correcting Amendment, 17144-17146 2017-07035 Washington; General Regulations for Air Pollution Sources, Southwest Clean Air Agency Jurisdiction, 17136-17144 2017-07022 National Oil and Hazardous Substances Pollution Contingency Plans: National Priorities List, 17151 2017-07123 Pesticide Tolerances: Acetamiprid; Emergency Exemption, 17146-17151 2017-07131 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut; Decommissioning of Stage II Vapor Recovery Systems, 17161-17166 2017-07147 Georgia; Inspection and Maintenance Program Updates, 17175 2017-07033 Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQS, 17174-17175 2017-07027 Michigan; Transportation Conformity Procedures, 17166 2017-07030 New Jersey, 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment and PM2.5/Regional Haze Areas, 17166-17174 2017-07137 North Carolina; Motor Vehicle Emissions Control Program; Correcting Amendment, 17174 2017-07034 Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 17175-17177 2017-07128 NOTICES Adequacy Determinations: Missouri; St. Louis Area 2008 8-Hour Ozone Redesignation Request and Maintenance State Implementation Plan, etc., 17245 2017-07026 Cross-Media Electronic Reporting: Authorized Program Revision Approval, Alaska, 17243-17244 2017-07142 Authorized Program Revision Approval, Montana, 17243 2017-07139 Authorized Program Revision Approval, South Carolina, 17252-17253 2017-07140 Authorized Program Revision Approval, State of Iowa, 17257 2017-07141 Authorized Program Revision Approval, Virginia, 17255-17256 2017-07145 Emergency Exemptions; Applications: Dinotefuran, 17251-17252 2017-07135 Meetings: Board of Scientific Counselors Executive Committee, 17245-17246 2017-07150 Science Advisory Board Economy-Wide Modeling Panel, 17257-17258 2017-07132 National Pollutant Discharge Elimination System General Permits: Discharges from Potable Water Treatment Facilities in Massachusetts and New Hampshire, 17244-17245 2017-07149 Pesticide Product Registrations: Product Cancellation Order for Certain Pesticide Registrations, 17253-17255 2017-07133 Receipt of Applications for New Uses, 17256-17257 2017-07146 Requests to Voluntarily Cancel Pesticide Registrations, 17246-17251, 17258-17260 2017-07136 2017-07138 Pesticide Product Registrations: Applications for New Active Ingredients, 17240-17241 2017-07126 Biopesticides, 17241-17242 2017-07129 Federal Aviation Federal Aviation Administration RULES 2017 Revisions to the Civil Penalty Inflation Adjustment Tables, 17097-17101 2017-06766 Airworthiness Directives: Airbus Airplanes, 17107-17112 2017-05366 Bell Helicopter Textron Canada Helicopters, 17103-17106 2017-06710 Gulfstream Aerospace Corporation Airplanes, 17112-17114 2017-06704 Final Special Conditions: Embraer S.A. Model ERJ 190-300 Airplane; Flight Envelope Protection, General Limiting Requirements, 17101-17103 2017-07060 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 17117-17119 2017-06771 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 17114-17117 2017-06752 2017-06753 PROPOSED RULES Airworthiness Directives: Agusta S.p.A., 17156-17158 2017-06961 The Boeing Company Airplanes, 17154-17156 2017-06800 Class E Airspace; Amendments: Leesville and Patterson, LA, 17160-17161 2017-07007 Mineral Point, WI, 17158-17160 2017-06893 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17235-17237 2017-07084 Combined Filings, 17231-17234, 17237-17239 2017-07038 2017-07039 2017-07080 Complaints: Joint California Complainants v. Pacific Gas and Electric Co., 17234-17235 2017-07078 Filings: Oncor Electric Delivery Company LLC, 17235, 17239 2017-07085 2017-07086 Institution of Section 206 Proceedings: Arizona Public Service Co., 17238 2017-07083 Handsome Lake Energy, LLC, 17235 2017-07082 NRG Power Marketing LLC, 17237 2017-07081 Partial Transfer of Licenses; Applications: Somersworth Hydro Company, Inc., City of Somersworth; Green Mountain Power Corp., 17240 2017-07087 Preliminary Permits; Applications: Merchant Hydro Developers, LLC, 17234, 17238 2017-07088 2017-07089 Records Governing Off-the-Record Communications, 17239-17240 2017-07079 Federal Railroad Federal Railroad Administration NOTICES Applications: Railroad Signal Systems; Discontinuances or Modifications, 17324-17328 2017-07012 2017-07017 2017-07018 2017-07019 Petitions for Waivers of Compliance: Age of Steam Roundhouse, 17326 2017-07014 Capital Metropolitan Transportation Authority, 17327-17328 2017-07015 Gettysburg and Northern Railroad Company, 17325-17326 2017-07013 Union Pacific Railroad, 17328-17329 2017-07016 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 17260 2017-07111 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 17260 2017-07110 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: American Guild of Organists; Analysis to Aid Public Comment, 17263-17265 2017-07070 China National Chemical Corp., ADAMA Agricultural Solutions Ltd., and Makhteshim Agan of North America, Inc.; Analysis to Aid Public Comment, 17260-17263 2017-07069 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Deposit Sign-Up Form, 17330 2017-07097 Legacy Treasury Direct Forms, 17330 2017-07095 Resolution for Transactions Involving Treasury Securities, 17329 2017-07096 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Permit Applications, 17274-17277 2017-07073 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program Employment and Training Program Activity Report, 17180-17182 2017-07113 Child Nutrition Programs: Income Eligibility Guidelines, 17182-17185 2017-07043 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 17331-17332 2017-07040 2017-07041 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganizations under Alternative Site Framework: Foreign-Trade Zone 74, Baltimore, MD, 17186-17187 2017-07103 Government Accountability Government Accountability Office NOTICES Financial Management and Assurance: Government Auditing Standards, 17265 2017-07117 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17266-17267 2017-07143 Meetings: National Advisory Committee on Children and Disasters, 17267-17268 2017-07052 National Preparedness and Response Science Board and the National Advisory Committee on Children and Disasters, 17266 2017-07051
Homeland Homeland Security Department See

Coast Guard

See

U.S. Citizenship and Immigration Services

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Facility Anti-Terrorism Standards, 17270-17273 2017-07191
Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Tribal-State Class III Gaming Compact Taking Effect in the State of California, 17277 2017-07190 Industry Industry and Security Bureau NOTICES Denials of Export Privileges: Sam Rafic Ghanem, 17187-17188 2017-06813 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

Surface Mining Reclamation and Enforcement Office

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiations of Administrative Reviews, 17188-17209 2017-07104 Seamless Refined Copper Pipe and Tube from the People's Republic of China, 17188 2017-07105 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: 1,1,1,2-Tetrafluoroethane (R-134a) from China, 17280 2017-07120 Pure Magnesium from China, 17280 2017-07119 Justice Department Justice Department See

Antitrust Division

See

Drug Enforcement Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Census of Tribal Law Enforcement Agencies, 17295-17296 2017-07077
Land Land Management Bureau NOTICES Applications: Recordable Disclaimer of Interest in Lands, Kootenai County, ID, 17278-17279 2017-07021 Meetings: Albuquerque District Resource Advisory Council, 17277-17278 2017-07112 National Institute National Institute of Standards and Technology NOTICES Requirements and Registrations for Prize Competitions: Reusable Abstractions of Manufacturing Processes Challenge, 17209 2017-07037 National Institute National Institutes of Health NOTICES Charter Renewals: Center for Scientific Review Advisory Council, 17269 2017-07054 Government-Owned Inventions; Availability for Licensing, 17268-17269 2017-07057 2017-07058 Meetings: National Heart, Lung, and Blood Institute, 17269 2017-07056 National Institute of Environmental Health Sciences, 17270 2017-07055 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 17225 2017-07066 Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 17224-17225 2017-07124 Takes of Marine Mammals: Incidental to the Gustavus Ferry Terminal Improvements Project, 17209-17224 2017-07031 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17296 2017-07093 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 17225-17226 2017-07075 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Applications: Waste Control Specialists LLC; Consolidated Interim Storage Facility; Correction, 17297 2017-07050 Meetings; Sunshine Act, 17297 2017-07291 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety: Guidance on Training and Qualifications for the Integrity Management Program, 17152-17153 2017-06805 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Honoring the Memory of John Glenn (Proc. 9588), 17377 2017-07332 ADMINISTRATIVE ORDERS Defense and National Security: National Defense Authorization Act for Fiscal Year 2017; Delegation of Authority (Memorandum of March 19, 2017), 17373-17375 2017-07331 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17298-17300 2017-07067 2017-07068 Securities Securities and Exchange Commission NOTICES Orders: Granting a Temporary Exemption to Covered Clearing Agencies, 17300-17302 2017-07101 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 17336-17371 2017-07046 New York Stock Exchange LLC, 17306-17311 2017-07048 NYSE MKT LLC, 17302-17306 2017-07049 Options Clearing Corporation, 17311-17314 2017-07047 The NASDAQ Stock Market LLC, 17314-17324 2017-07045 Small Business Small Business Administration NOTICES Major Disaster Declarations: California, 17324 2017-07114 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17279-17280 2017-07061 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Railroad Administration

See

Pipeline and Hazardous Materials Safety Administration

Treasury Treasury Department See

Fiscal Service

See

Foreign Assets Control Office

NOTICES Interest Rate Paid on Cash Deposited To Secure U.S. Immigration and Customs Enforcement Immigration Bonds, 17332 2017-07071
U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Family Unity Benefits, 17273-17274 2017-07062 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Disability Compensation, 17332-17333 2017-07102 Advisory Committee on Women Veterans, 17333 2017-07063 Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 17333-17334 2017-07125 Separate Parts In This Issue Part II Securities and Exchange Commission, 17336-17371 2017-07046 Part III Presidential Documents, 17373-17375, 17377 2017-07332 2017-07331 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.

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82 67 Monday, April 10, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 13 and 406 [Docket No. FAA-2016-7004; Amdt. Nos. 13-39, 406-11] RIN 2120-AK90 2017 Revisions to the Civil Penalty Inflation Adjustment Tables AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This final rule provides the 2017 inflation adjustment to civil penalty amounts that may be imposed for violations of Federal Aviation Administration (FAA) regulations and the Hazardous Materials Regulations, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. It also finalizes the catch-up inflation adjustment interim final rule required by the same Act.

DATES:

Effective April 10, 2017.

FOR FURTHER INFORMATION CONTACT:

Cole R. Milliard, Attorney, Office of the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3452; email [email protected]

SUPPLEMENTARY INFORMATION: Authority for This Rulemaking and Applicable Statutes

The FAA's authority to issue rules on 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. The Secretary of Transportation's authority to regulate the transportation of hazardous materials (“hazmat”) by air is in chapter 51 of title 49; civil penalty authority is in section 5123. The Secretary's authority to regulate commercial space transportation may be found at 51 U.S.C. subtitle V, sections 50901-50923 (chapter 509), which provides for the Department of Transportation (DOT), and, through delegation, the FAA to impose civil penalties on persons who violate chapter 509, a regulation issued under chapter 509, or any term or condition of a license or permit issued or transferred under chapter 509. 51 U.S.C. 50906(h)-(i), 50917.

This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101-410, as amended by the Debt Collection Improvement Act (DCIA) of 1996, Public Law 104-134, and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114-74, codified at 28 U.S.C. 2461 note. The FCPIAA, DCIA, and the 2015 Act require federal agencies to adjust minimum and maximum civil penalty amounts for inflation to preserve their deterrent impact. The 2015 Act amended the formula and frequency of inflation adjustments. It required an initial catch-up adjustment in the form of an interim final rule, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula.

Background

On July 5, 2016, the FAA issued an interim final rule entitled, “Revisions to the Civil Penalty Inflation Adjustment Tables” (the IFR) to implement the requirement for an initial catch-up adjustment.1 This final rule (1) finalizes the catch-up adjustment interim final rule; and (2) provides the required annual adjustment of civil penalty maximums and minimums in accordance with the FCPIAA, as amended.2

1 81 FR 43463. A correction and technical amendments were made in 81 FR 51079 (Aug. 3, 2016).

2 28 U.S.C. 2461 note.

Overview of Final Rule

The FCPIAA, as amended, provides a formula for annual inflationary adjustments that increase civil penalty maximums and minimums by a cost-of-living adjustment (COLA). Under the FCPIAA, as amended by the 2015 Act, the COLA for each civil penalty is the percent change between the U.S. Department of Labor's Consumer Price Index for all-urban consumers (CPI-U) for the month of October of the calendar year preceding the adjustment and the CPI-U for the month of October of the previous calendar year. Any resulting increase must be rounded to the nearest $1. As required by the FCPIAA, this final rule provides the 2017 annual adjustments to the civil penalty maximums and minimums provided in 14 Code of Federal Regulations (14 CFR) 13.301 and 406.9.

Method of Calculation of Adjustments to Civil Penalty Amounts Provided in 14 CFR 13.301 and 406.9

The 2015 Act directed the Office of Management and Budget (OMB) to issue guidance on implementing the 2017 annual inflation adjustment required by the 2015 Act no later than December 15, 2016.3 On December 16, 2016, the OMB released this required guidance, which provides instructions on how to calculate the 2017 annual adjustment.4

3 28 U.S.C. 2461 note.

4 OMB Memorandum M-17-11.

To derive the 2017 adjustment, the FAA must multiply the maximum or minimum penalty amount by the percent change between the October 2016 CPI-U and the October 2015 CPI-U. In this case, October 2016 CPI-U (241.729)/October 2015 CPI-U (237.838) = Multiplier (1.01636).5 Accordingly, the agency multiplied the civil penalty maximums and minimums provided in current 14 CFR 13.301 and 406.9 by 1.01636 to derive the updated maximums and minimums provided in this final rule.

5 28 U.S.C. 2461 note; OMB Memorandum M-17-11.

As examples, the agency has provided the calculations for the adjustments for the civil penalties authorized by 49 U.S.C. 5123(a)(1) (hazmat) and 51 U.S.C. 50917 (commercial space):

Adjusted penalty for 2016 6 * Multiplier = Adjusted penalty for 2017

6 The adjusted penalty for 2016 includes the catch-up adjustment also mandated by the 2015 Act, and reflected in current 14 CFR 13.301 and 406.9 as amended by the IFR. 81 FR 43463 (July 5, 2016) and 81 FR 51079 (August 3, 2016).

Sec. 5123(a)(1): $77,114 * 1.01636 = $78,376 Sec. 50917: $225,867 * 1.01636 = $229,562 Option to Forgo Annual Civil Penalty Adjustment

The agency notes that the 2015 Act provides the Administrator with the option to forgo adjustment only in a single circumstance, which is not present at this time. If, within the twelve months preceding January 15, 2017, an FAA civil penalty subject to this inflation adjustment were increased more than it would be by this inflation adjustment, the Administrator could choose to not make the adjustment. None of the civil penalties subject to the 2017 adjustment increased at all during the relevant time period. Accordingly, the Administrator cannot forego adjustment of any penalty.

Administrative Procedure Act

Section 553 of the Administrative Procedure Act requires agencies to provide an opportunity for notice and comment on rulemaking and also requires agencies to delay a rule's effective date for 30 days following the date of publication in the Federal Register unless an agency finds good cause to forgo these requirements. However, section 4(b)(2) of the 2015 Act requires agencies to adjust civil monetary penalties notwithstanding section 553 of the Administrative Procedure Act (APA) and publish annual inflation adjustments in the Federal Register. “This means that the public procedure the APA generally requires . . . is not required for agencies to issue regulations implementing the annual adjustment.” OMB Memorandum M-17-11.

Even if the 2015 Act did not except this rulemaking from section 553 of the APA, the agency has good cause to dispense with notice and comment. Section 553(b)(B), authorizes agencies to dispense with notice and comment procedures for rulemaking if the agency finds good cause that notice and comment are impracticable, unnecessary, or contrary to public interest. The annual adjustments to civil penalties for inflation and the method of calculating those adjustments are established by section 5 of the FCPIAA, as amended, leaving no discretion for the Administrator. Accordingly, public comment would be impracticable because the Administrator would be unable to consider such comments in the rulemaking process.

Regulatory Evaluation

Changes to Federal regulations must undergo several economic analyses. First, Executive Order (E.O.) 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Public Law 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Public Law 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule.

Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows.

This rule adjusts for inflation to civil penalties for violations of aviation safety, hazmat, and commercial space provisions in accord with the Federal Civil Penalties Inflation Adjustment Act Improvement Act (the 2015 Act), Pub. L. 114-74, Section 701 (November 2, 2015). The Director of OMB provided guidance to agencies in a December 16, 2016 memorandum on how to calculate the 2017 annual adjustment required by the 2015 Act. The FAA must follow the direction of Congress and is using statutorily-mandated guidance provided by OMB in calculating the annual inflation adjustment. Applying Congress's directions and OMB's guidance, the FAA has determined that this rule imposes no additional social cost. Civil penalties are, like taxes, an economic transfer. OMB guidance A-4 states that transfers are monetary payments from one group to another and thus not a social cost. OMB further dictates that transfers should not be included in estimates of the benefits and costs due to regulation. As transfers do not add social cost, this is a minimal cost rule. OMB also directs that distributional impacts of transfers should be considered. The term “distributional effect” refers to the impact of a regulatory action across the population and economy, divided up in various ways (e.g. income groups, race, sex, industrial sector, geography). Distributional effects may arise through transfer payments like civil penalties that stem from regulatory enforcement action. While persons paying civil penalties may experience distributional effects, these discrete effects are far outweighed by the positive effects of civil penalties. Compliance with FAA statutes and regulations is essential to safety. The FAA intends for civil penalties to serve as a punitive action against those who violate FAA statutes and regulations. Civil penalties also deter future violations. As a result, they support the FAA's mission of aviation, hazmat, and commercial space safety, which benefits the public at large. Thus, the cost impact of this rulemaking is minimal, and a full regulatory evaluation is not required in accordance with DOT Order 2100.5.

The Office of Information and Regulatory Affairs (OIRA) Administrator has determined that agency regulations exclusively implementing this annual adjustment are not significant regulatory actions under E.O. 12866, provided they are consistent with the guidance in OMB Memorandum M-17-11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The agency has determined that this regulation is consistent with OMB Memorandum M-17-11 because it serves only to provide the 2017 annual civil penalty adjustment using the formula established by the 2015 Act. Thus, per OMB Memorandum M-17-11, the regulation is not significant.

The FAA has further determined that this final rule is not “significant” as defined in DOT's Regulatory Policies and Procedures. The FAA made this determination because this final rule does not (a) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency, (b) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (c) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA) establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.” To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions.

Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA.

However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear.

The FAA believes that this final rule does not have a significant economic impact on a substantial number of small entities for the following reasons. While this final rule is likely to impact a substantial number of small entities, it will impose only minimal costs. This final rule simply identifies the amount of the inflation adjustment to existing civil monetary penalty maximums and minimums for violations of the statutory and regulatory provisions the FAA enforces. The penalty amounts are those specified by statute or called for under the inflation adjustment statutes, and the information in this rule is required by the Debt Collection Improvement Act of 1996.7 As civil penalties are economic transfers, by OMB direction, these are not included in the calculation of social costs. Therefore, as provided in section 605(b), the head of the FAA certifies that this rule will not result in a significant economic impact on a substantial number of small entities.

7 The 2015 Act, Public Law 114-74, codified at 28 U.S.C. 2461 note, specifies the method of calculating the inflation adjustment, and OMB Memorandum M-17-11 provides the guidance required by the 2015 Act for agencies in calculating the 2017 annual inflation adjustment.

Moreover, although the FAA has completed the analysis to support the certification provided by section 605(b), the RFA does not apply to this rulemaking because notice and comment rulemaking under section 553 of the APA is not required.8 Section 4(b)(2) of the 2015 Act specifically excludes this rulemaking implementing each adjustment following the initial catch-up adjustment from section 553 of the APA.

8 5 U.S.C. 604(a).

International Trade Impact Assessment

The Trade Agreements Act of 1979 (Public Law 96-39), as amended by the Uruguay Round Agreements Act (Public Law 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.

The FAA has assessed the potential effect of this final rule and determined that it would impose identical inflation adjusted civil penalties on domestic and international entities that violate aviation safety, hazmat, and commercial space provisions in Titles 49 and 51 of the U.S. Code and regulations issued under those provisions, and thus would have a neutral trade impact. Furthermore, the inflation adjustment is a legitimate domestic objective preserving the existing deterrent impact of aviation, hazmat, and commercial space safety statutes and regulations. Therefore, we have determined that this rule will result in a neutral impact on international trade.

Unfunded Mandates Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $155 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply.

Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there are no current or new requirements for information collection associated with this rule.

International Compatibility

In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations.

Environmental Analysis

FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.6.f, which covers regulations not expected to cause any potentially significant environmental impacts. The FAA has also determined that there are no extraordinary circumstances requiring an environmental assessment or environmental impact statement.

Federalism

The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have federalism implications.

Regulations That Significantly Affect Energy Supply, Distribution, or Use

The FAA has analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it is not a “significant energy action” under the executive order and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

Availability of Rulemaking Documents

You can get an electronic copy of rulemaking documents using the Internet by—

1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);

2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies; or

3. Accessing the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys.

You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make sure to identify the amendment number or docket number of this rulemaking.

List of Subjects 14 CFR Part 13

Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties.

14 CFR Part 406

Administrative procedure and review, Commercial space transportation, Enforcement, Investigations, Penalties, Rules of adjudication.

The Amendment

Accordingly, the interim rule amending 14 CFR parts 13 and 406 which was published at 81 FR 43463 on July 5, 2016, is adopted as a final rule with the following changes:

CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. The authority citation for part 13 is revised to read as follows: Authority:

18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44703, 44709- 44710, 44713, 44725, 46101-46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507, 47106, 47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.83.

2. Amend § 13.301 by revising the section heading and paragraph (c) to read as follows:
§ 13.301 Inflation adjustments of civil monetary penalties.

(c) Minimum and maximum civil monetary penalties within the jurisdiction of the FAA are as follows:

Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or After January 15, 2017 United States Code citation Civil monetary penalty description 2016 minimum penalty amount New minimum penalty amount 2016 maximum penalty amount New maximum penalty amount 49 U.S.C. 5123(a)(1) Violation of hazardous materials transportation law N/A N/A $77,114 $78,376. 49 U.S.C. 5123(a)(2) Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction N/A N/A 179,933 182,877. 49 U.S.C. 5123(a)(3) Violation of hazardous materials transportation law relating to training $463 $471 77,114 78,376. 49 U.S.C. 46301(a)(1) Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) N/A N/A 32,140 32,666. 49 U.S.C. 46301(a)(1) Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)) N/A N/A 1,414 1,437. 49 U.S.C. 46301(a)(1) Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)) N/A N/A 1,414 1,437. 49 U.S.C. 46301(a)(3) Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133 N/A N/A Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues that are used in violation of such section No change. 49 U.S.C. 46301(a)(5)(A) Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii) N/A N/A 12,856 13,066. 49 U.S.C. 46301(a)(5)(B)(i) Violation by an individual or small business concern related to the transportation of hazardous materials N/A N/A 12,856 13,066. 49 U.S.C. 46301(a)(5)(B)(ii) Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation N/A N/A 12,856 13,066. 49 U.S.C. 46301(a)(5)(B)(iii) Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills N/A N/A 12,856 13,066. 49 U.S.C. 46301(a)(5)(B)(iv) Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts N/A N/A 12,856 13,066. 49 U.S.C. 46301(b) Tampering with a smoke alarm device N/A N/A 4,126 4,194. 49 U.S.C. 46302 Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States N/A N/A 22,587 22,957. 49 U.S.C. 46318 Interference with cabin or flight crew N/A N/A 34,172 34,731. 49 U.S.C. 46319 Permanent closure of an airport without providing sufficient notice N/A N/A 12,856 13,066. 49 U.S.C. 47531 Violation of 49 U.S.C. 47528-47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels N/A N/A See 49 U.S.C. 46301(a)(1) and (a)(5), above See 49 U.S.C. 46301(a)(1) and (a)(5), above.
CHAPTER III—COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW 3. The authority citation for part 406 continues to read as follows: Authority:

51 U.S.C. 50901-50923.

4. Amend § 406.9 by revising paragraph (a) to read as follows:
§ 406.9 Civil penalties.

(a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person found by the FAA to have violated a requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act, is liable to the United States for a civil penalty of not more than $229,562 for each violation. A separate violation occurs for each day the violation continues.

Issued under the authority provided by 28 U.S.C. 2461 note, 49 U.S.C. 106(f) and 44701(a), and 51 U.S.C. 50901 in Washington, DC, on February 13, 2017. Michael P. Huerta, Administrator.
[FR Doc. 2017-06766 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2016-9402; Special Conditions No. 25-655-SC] Special Conditions: Embraer S.A. Model ERJ 190-300 Airplane; Flight Envelope Protection, General Limiting Requirements AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions; request for comments.

SUMMARY:

These special conditions are issued for the Embraer S.A. (Embraer) Model ERJ 190-300 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is a new control architecture and a full digital flight-control system, both of which provide flight-envelope protections. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

This action is effective on Embraer on April 10, 2017. We must receive your comments by May 25, 2017.

ADDRESSES:

Send comments identified by docket number FAA-2016-9402 using any of the following methods:

Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your comments electronically.

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

Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Fax: Fax comments to Docket Operations at 202-493-2251.

Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as athttp://DocketsInfo.dot.gov/.

Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Joe Jacobsen, FAA, Airplane and Flightcrew Interface, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-2011; facsimile (425) 227-1320.

SUPPLEMENTARY INFORMATION:

The substance of these special conditions has been subject to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the Federal Register.

Comments Invited

We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data.

We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive.

Background

On September 13, 2013, Embraer applied for an amendment to Type Certificate No. A57NM to include the new Model ERJ 190-300 airplane. The Model ERJ 190-300 airplane, which is a derivative of the Embraer Model ERJ 190-100 STD airplane currently approved under Type Certificate No. A57NM, is a 97- to 114-passenger transport-category airplane, designed with a new wing with a high aspect ratio and raked wingtip, and a new electrical-distribution system. The maximum take-off weight is 124,340 lbs (56,400 kg).

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, Embraer must show that the Model ERJ 190-300 airplane meets the applicable provisions of the regulations listed in Type Certificate No. A57NM, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model ERJ 190-300 airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101.

In addition to the applicable airworthiness regulations and special conditions, the Embraer Model ERJ 190-300 airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34 and the noise-certification requirements of 14 CFR part 36.

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.101.

Novel or Unusual Design Features

The Embraer Model ERJ 190-300 airplane will incorporate the following novel or unusual design feature: A new control architecture and a full digital flight-control system, both of which provide flight-envelope protections.

Discussion

The applicable airworthiness regulation that applies to these special conditions is 14 CFR 25.143. The purpose of § 25.143 is to verify that any airplane operational maneuvers conducted within the airplane operational envelope can be accomplished smoothly with average piloting skill, and without exceeding any structural limits. The pilot should be able to predict the airplane response to any control input. During the course of the flight-test program, the pilot determines compliance with § 25.143 primarily through qualitative methods. During flight test, the pilot evaluates all of the following:

• The interface between each protection function,

• Transitions from one mode to another,

• The aircraft response to intentional dynamic maneuvering, whenever applicable, through dedicated maneuvers,

• General controllability,

• High speed characteristics, and

• High angle-of-attack.

However, § 25.143 does not adequately ensure that the novel or unusual feature of the Embraer Model ERJ 190-300 airplane will have a level of safety equivalent to that of existing standards. These special conditions are required to accommodate the flight-envelope-limiting systems in the Model ERJ 190-300 airplane.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Applicability

As discussed above, these special conditions are applicable to the Embraer Model ERJ 190-300 airplane. Should Embraer apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well.

This action affects only a certain novel or unusual design feature on one model of airplane. It is not a rule of general applicability.

The substance of these special conditions has been subject to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the Federal Register. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Embraer Model ERJ 190-300 airplanes.

1. General Limiting Requirements

a. Onset characteristics of each envelope protection feature must be smooth, appropriate to the phase of flight and type of maneuver, and not in conflict with the ability of the pilot to satisfactorily change airplane flight path, speed, or attitude as needed.

b. Limit values of protected flight parameters (and if applicable, associated warning thresholds) must be compatible with the following:

i. Airplane structural limits,

ii. Required safe and controllable maneuvering of the airplane, and

iii. Margins to critical conditions. Unsafe flight characteristics/conditions must not result if dynamic maneuvering, airframe and system tolerances (both manufacturing and in-service), and non-steady atmospheric conditions, in any appropriate combination and phase of flight, can produce a limited flight parameter beyond the nominal design-limit value.

c. The airplane must be responsive to intentional dynamic maneuvering to within a suitable range of the parameter limit. Dynamic characteristics such as damping and overshoot must also be appropriate for the flight maneuver and limit parameter in question.

d. When simultaneous envelope limiting is engaged, adverse coupling or adverse priority must not result.

2. Failure States

a. Electronic flight-control-system failures (including sensors) must not result in a condition where a parameter is limited to such a reduced value that safe and controllable maneuvering is no longer available.

b. The crew must be alerted by suitable means if any change in envelope limiting or maneuverability is produced by single or multiple failures of the electronic flight-control system not shown to be extremely improbable.

Issued in Renton, Washington, on March 15, 2017. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2017-07060 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0189; Directorate Identifier 2017-SW-008-AD; Amendment 39-18847; AD 2017-05-51] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron Canada Helicopters AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are publishing a new airworthiness directive (AD) for Bell Helicopter Textron Canada (Bell) Model 429 helicopters. This AD requires inspecting the condenser blower motor (motor) and condenser blower (blower) to determine if the motor is securely attached to the blower support (shroud). This AD is prompted by a report that the motor detached from the blower. The actions of this AD are intended to prevent an unsafe condition on these products.

DATES:

This AD becomes effective April 25, 2017 to all persons except those persons to whom it was made immediately effective by Emergency AD 2017-05-51, issued on March 3, 2017, which contains the requirements of this AD.

The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of April 25, 2017. We must receive comments on this AD by June 9, 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-2017-0189; 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 AD, any incorporated by reference service information, 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 final rule, contact Air Comm Corporation, 1575 West 124th Avenue, Westminster, CO 80234; telephone: (303) 440-4075 (during business hours) or (720) 233-8330 (after hours); email: [email protected]; Web site: http://www.aircommcorp.com/contact. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0189.

FOR FURTHER INFORMATION CONTACT:

Matthew Bryant, Aerospace Engineer, Denver Aircraft Certification Office, FAA, Technical Operations Center, 26805 East 68th Avenue, Room 214, Denver CO 80249; phone (303) 342-1092; fax (303) 342-1088; email [email protected]

SUPPLEMENTARY INFORMATION:

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.

Discussion

On March 3, 2017, we issued Emergency AD 2017-05-51 to correct an unsafe condition on Bell Model 429 helicopters with an Air Comm Corporation (Air Comm) air conditioning system part number (P/N) 429EC-200 or 429EC-202 installed. Emergency AD 2017-05-51 was sent previously to all known U.S. owners and operators of these helicopters. Emergency AD 2017-05-51 requires inspecting the motor and blower to determine if the motor is securely attached to the shroud.

Emergency AD 2017-05-51 was prompted by a report that the motor detached from the blower. The motor is secured to the shroud by three screw fasteners with thread locker applied. The report states that the detached motor was resting on the flight controls.

An initial investigation indicates that the motor mount fasteners may not have had the thread locker adhesive applied during production. However, the root cause is under investigation. The motor fell on the collective control tube, causing wear damage to the control tube. The motor's power wiring also was on the collective control tube near hydraulic and fuel lines. The actions in Emergency AD 2017-05-51 are intended to prevent the motor from detaching, causing failure of the primary flight controls and subsequent loss of helicopter control.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

We reviewed Air Comm Service Bulletin 429-201-1, Revision NC, dated February 17, 2017 (SB 429-201-1), which advises inspecting the motor to determine whether it is attached to the blower assembly within 20 flight hours. If the motor is not attached to the blower assembly, SB 429-201-1 advises reporting the detachment to Air Comm and inspecting the surrounding area for damage. If any surrounding parts are damaged, SB 429-201-1 specifies replacing or repairing the damaged parts. SB 429-201-1 then specifies replacing the blower assembly if parts are available and deactivating the air conditioning system if parts are not available. SB 429-201-1 also provides instructions if any P/N MS27039-1-15 fasteners are missing or loose or if the motor is not secured firmly to the blower assembly. These instructions include rotating the fan blades by hand and verifying the clearance between the blades and the shroud. If the fan blades are scraping or rubbing against the shroud or if the blades cause visible damage to the shroud, SB 429-201-1 advises replacing the blower assembly if parts are available. If parts are not available, SB 429-201-1 advises deactivating the air conditioning system. If the motor is secure, SB 429-201-1 provides instructions for replacing any missing fasteners and removing and reinstalling any existing fasteners with thread locker.

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.

AD Requirements

This AD requires, before further flight and at intervals not to exceed 25 hours time-in-service (TIS), inspecting the air conditioner condenser blower for motor attachment and for missing or loose fasteners. If the motor is not attached or if a fastener is missing or loose, this AD requires deactivating the air conditioning system. If the motor is not attached, this AD also requires inspecting the collective flight control tube, the area under the forward transmission cowling, and each wiring harness, and depending on the findings, repairing or replacing the affected parts. Additionally, if the motor is not attached or if the motor is attached but any fasteners are missing, this AD requires inspecting for and removing any found detached hardware. Deactivating the air conditioning system constitutes terminating action for the repetitive inspections required by this AD. This AD also requires reporting certain information to the FAA within 10 days.

Differences Between This AD and the Service Information

SB 429-201-1 advises performing the initial inspection within 20 hours TIS. This AD requires the initial inspection before further flight. SB 429-201-1 advises reporting certain incidents to Air Comm, whereas this AD requires reporting certain information to the FAA. SB 429-201-1 does not specify inspecting for and removing missing hardware, whereas this AD does. If replacement parts are available, SB 429-201-1 advises replacing the blower, while this AD makes no allowance for replacing the blower except by alternate means of compliance. If fasteners are missing or loose but the motor is secure, SB 429-201-1 advises replacing missing fasteners and removing and reinstalling existing fasteners with thread locker and a torque stripe. This AD requires removing the blower assembly if fasteners are missing or loose but the motor is still secure. SB 429-201-1 does not require repetitive inspections, while this AD requires the inspection every 25 hours time-in-service until the air conditioning system is deactivated.

Interim Action

We consider this AD to be an interim action. The inspection report that is required by this AD will enable us to obtain better insight into the cause of the motor's detachment, and help us develop final action to address this unsafe condition. The design approval holder is also currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking.

Costs of Compliance

We estimate that this AD affects 78 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect the following costs:

• Inspecting the motor attachment requires 1 work-hour and no parts for a total cost of $85 per helicopter, and $6,630 for the U.S. fleet, per inspection cycle.

• Removing the motor and deactivating the air conditioning requires 2 work-hours and no parts for a total cost of $170 per helicopter.

• Removing the blower assembly and deactivating the air conditioning requires 13 work-hours and no parts for a total cost of $1,105 per helicopter.

• Reporting the findings to the FAA requires 1 work-hour and no parts for a total cost of $85 per helicopter.

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 required by 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.

FAA's Justification and Determination of the Effective Date

Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we found and continue to find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the required initial inspection must be accomplished before further flight and the recurring inspection must be accomplished at intervals not to exceed 25 hours TIS. These helicopters, typically used for police and medical transport, are expected to reach 25 hours TIS within a few weeks.

Since it was found that immediate corrective action was required, notice and opportunity for prior public comments before issuing this AD were impracticable and contrary to public interest and good cause existed to make the AD effective immediately by Emergency AD 2017-05-51, issued on March 3, 2017, to all known U.S. owners and operators of these helicopters. These conditions still exists and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons.

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, I certify that this AD:

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

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

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

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

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

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): 2017-05-51 Bell Helicopter Textron Canada: Amendment 39-18847; Docket No. FAA-2017-0189; Directorate Identifier 2017-SW-008-AD. (a) Applicability

This AD applies to Bell Helicopter Textron Canada (Bell) Model 429 helicopters with an Air Comm Corporation air conditioning system part number (P/N) 429EC-200 or 429EC-202 installed, certificated in any category.

Note 1 to paragraph (a) of this AD: Air conditioning system P/N 429EC-200 and 429EC-202 are identifiable by a three-screw installation as depicted in Figure 1 of Air Comm Corporation Service Bulletin 429-201-1, Revision NC, dated February 17, 2017 (SB 429-201-1).

(b) Unsafe Condition

This AD defines the unsafe condition as a condenser blower motor (motor) detaching from the condenser blower support (shroud). This condition could lead to failure of the primary flight controls and subsequent loss of helicopter control.

(c) Effective Date

This AD becomes effective April 25, 2017 to all persons except those persons to whom it was made immediately effective by Emergency AD 2017-05-51, issued on March 3, 2017, which contains the requirements of this AD.

(d) Compliance

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

(e) Required Actions

Before further flight, and thereafter at intervals not to exceed 25 hours time-in-service:

(1) Inspect the motor and condenser blower to determine whether the motor is attached to the shroud.

(i) If the motor is not attached, before further flight:

(A) Inspect the collective flight control tube for loss of protective primer, a scratch, any gouging, and a dent. If there is any loss of protective primer, a scratch, any gouging, or a dent, repair or replace the control tube.

(B) Inspect the area under the forward transmission cowling for loss of protective primer, a scratch, any gouging, and a dent. Inspect each wiring harness for any cuts, chafing, and exposed wires. If there is any loss of protective primer, a scratch, any gouging, a dent, or if any wiring harness has a cut, chafing, or an exposed wire, repair or replace the affected parts.

(C) Inspect the area under the forward transmission cowling for the three fasteners as depicted in Figure 1 of SB 429-201-1. Also inspect for the crimp-on external fan retaining ring (crimp ring) and the slotted fan drive spring (commonly known as a roll pin), which may have fallen loose with the motor. Remove any fasteners, the crimp ring, and the roll pin if found detached.

(D) Deactivate the air conditioning system by following the instructions in Procedure, paragraphs B.2.d.i. through B.2.d.v., of SB 429-201-1.

(ii) If the motor is attached to the shroud but a fastener is missing or loose, before further flight:

(A) Remove any detached fasteners found in the area under the forward transmission cowling.

(B) Deactivate the air conditioning system as follows:

(1) Pull and red collar the air conditioning COND circuit breaker.

(2) Pull and red collar the air-conditioning COMP circuit breaker.

(3) Remove the compressor drive belt.

(4) Remove the condenser blower assembly.

(2) Deactivating the air conditioning system as required by paragraph (e)(1) of this AD constitutes terminating action for the repetitive inspections required by paragraph (e)(1) of this AD.

(3) If the air conditioning system is deactivated as required by paragraph (e)(1) of this AD, within 10 days after completing the inspection, report the information requested in Appendix 1 to this AD by mail to the Manager, Denver Aircraft Certification Office, FAA, Technical Operations Center, 26805 East 68th Avenue, Room 214, Denver, CO 80249, ATTN: Matthew Bryant; by fax to (303) 342-1088; or by email to [email protected]

(f) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Denver Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Matthew Bryant, Aerospace Engineer, Denver Aircraft Certification Office, FAA, Technical Operations Center, 26805 East 68th Avenue, Room 214, Denver, CO 80249; fax (303) 342-1088; email [email protected]

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

(g) Subject

Joint Aircraft Service Component (JASC) Code: 2150, Cabin Cooling System.

(h) Material Incorporated by Reference

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

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

(i) Air Comm Corporation Service Bulletin 429-201-1, Revision NC, dated February 17, 2017.

(ii) Reserved.

(3) For Air Comm Corporation service information identified in this AD, contact Air Comm Corporation, 1575 West 124th Avenue, Westminster, CO 80234; telephone: (303) 440-4075 (during business hours) or (720) 233-8330 (after hours); email: [email protected]; Web site: http://www.aircommcorp.com/contact.

(4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.

(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 Fort Worth, Texas, on March 29, 2017. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. Appendix 1 to AD 2017-05-51

Provide the following information by mail to the Manager, Denver Aircraft Certification Office, FAA, Technical Operations Center, 26805 East 68th Avenue, Room 214, Denver, CO 80249, ATTN: Matthew Bryant; by fax to (303) 342-1088; or by email to [email protected]:

For inspection being accomplished (Initial or Repetitive), record inspection findings below and provide photos if possible.

AD 2017-05-51 Inspection findings Aircraft S/N or N-Number Aircraft hours time-in-service (TIS). Air Conditioner Installation S/N (Laser etched on compressor mount) Aircraft TIS when air conditioning system was installed. Estimated percent air conditioner operating time. Aircraft Location Operator and maintenance facility contact information. Condition Findings. Is this a single evaporator installation or a dual evaporator installation? Was the motor still attached? Were there any missing or loose fasteners? Were any of the loose fasteners found in the surrounding area? Did the found fasteners show evidence of thread locker being applied? Has the condenser blower (blower) been replaced following the initial installation of the air conditioning system? What was the reason for the blower replacement? Aircraft TIS when blower was replaced
[FR Doc. 2017-06710 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-8851; Directorate Identifier 2016-NM-070-AD; Amendment 39-18831; AD 2017-06-07] 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 A330-200 Freighter, -200, and -300 series airplanes; and Airbus Model A340-200, -300, -500, and -600 series airplanes. This AD was prompted by reports that nonconforming aluminum alloy was used to manufacture several structural parts on the inboard flap. This AD requires identification of the potentially affected inboard flap parts, a one-time eddy current inspection to identify which material the parts are made of, and, depending on findings, replacement with serviceable parts. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective May 15, 2017.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of May 15, 2017.

ADDRESSES:

For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; 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-2016-8851.

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-2016-8851; 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:

Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 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 A330-200 Freighter, -200, and -300 series airplanes; and Airbus Model A340-500 and -600 series airplanes. The NPRM published in the Federal Register on August 31, 2016 (81 FR 59922) (“the NPRM”). The NPRM was prompted by reports that nonconforming aluminum alloy was used to manufacture several structural parts on the inboard flap. The NPRM proposed to require identification of the potentially affected inboard flap parts, a one-time eddy current inspection to identify which material the parts are made of, and, depending on findings, replacement with serviceable parts. We are issuing this AD to detect and correct structural parts of inboard flaps made of nonconforming aluminum alloy, which could result in reduced structural integrity of the airplane.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0231, dated November 22, 2016 (“EASA AD 2016-0231”) (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), which superseded EASA Airworthiness Directive 2016-0082, dated April 27, 2016 (“EASA AD 2016-0082”), to correct an unsafe condition all Airbus Model A330-200 Freighter, -200, and -300 series airplanes; and Airbus Model A340-200, -300, -500 and -600 series airplanes. The MCAI states:

Following an Airbus quality control review on the final assembly line, it was discovered that non-conforming aluminium alloy was used to manufacture several structural parts on the inboard flap.

This condition, if not detected and corrected, could reduce the structural integrity of the aeroplane.

To address this potential unsafe condition, Airbus issued Service Bulletin (SB) A330-57-3120 and SB A340-57-5036 to provide instructions to identify and inspect the potentially affected parts.

Consequently, EASA issued AD 2016-0082 to require identification of the potentially affected inboard flap parts, a one-time special detailed inspection (SDI) [eddy current measurement] to identify which material they are made of and, depending on findings, replacement with serviceable parts.

Since EASA AD 2016-0082 was issued, it was confirmed that flaps, initially installed on A340-500 and A340-600 aeroplanes, may also have been installed in service on A340-200 or A340-300 aeroplanes. As this installation was not done during production, no SB was published for these models.

For the reason described above, this [EASA] AD retains the requirements of EASA AD 2016-0082 [which corresponded to the FAA NPRM], which is superseded, expands the Applicability to include A340-200 and A340-300 aeroplanes, corrects a typographical error in Appendix 1 of this [EASA] AD for one affected flap, Right Hand (RH) serial number (s/n) “TB 11411” in place of “TB 14411” (date of first operation: 19/04/13) and identified in bold in Appendix 1, and adds the prefix “TB” to the s/n's of all Left Hand (LH) and RH flaps, which was inadvertently omitted in Appendix 1 of [EASA] AD 2016-0082. This [EASA] AD also allows, under certain conditions, installation of an affected inboard flap on an aeroplane.

Airbus Model A340-200 and -300 series airplanes have been added to the applicability of this AD. Since there are currently no domestic operators of these added airplanes, notice and opportunity for public comment before issuing this AD are unnecessary.

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-2016-8851.

Comments

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

Request To Account for a Superseding EASA Airworthiness Directive

Airbus commented that EASA was planning to supersede EASA AD 2016-0082 with EASA AD 2016-0231, which would update the AD applicability, correct a certain part serial number, and add the prefix “TB” to the serial numbers of all flaps. (These changes are described in the MCAI.)

We agree with the commenter and have revised this AD to update the applicability, correct a serial number for a right-hand flap (from TB14411 to TB11411), and add the prefix “TB” before each flap serial number.

Requests To Extend Compliance Time for Part Replacement

Airbus and American Airlines requested that the requirement to replace an affected part within 30 days after performing the eddy current inspection be changed to allow a longer compliance time. Paragraph (i) of the proposed AD states that if a part requires replacement due to a nonconforming material finding per paragraph (h) of the proposed AD, the part must be replaced within 30 days after the finding in accordance with a method approved by the FAA, EASA, or Airbus's EASA Design Organization Approval (DOA). EASA AD 2016-0082, paragraph (3), states, for the same nonconforming material finding, to contact Airbus within 30 days of the finding for approved replacement instructions, and within the compliance time(s) specified in those instructions to replace the nonconforming parts accordingly. The commenters stated that this allows more flexibility for replacement actions.

We agree that additional time can be allowed for replacement of affected parts if 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). We have revised paragraph (i) of this AD accordingly. This provision corresponds to EASA AD 2016-0231, which superseded EASA AD 2016-0082.

Removal of Note From Regulatory Text

We have removed Note 2 to paragraph (h) of the proposed AD, and added text to paragraph (h) of this AD to clarify that the date of the first operation of the flap is specified in figure 1 to paragraphs (g), (j)(1), and (j)(2) of this AD.

Conclusion

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:

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

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

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

Related Service Information Under 1 CFR Part 51

We reviewed Airbus Service Bulletin A330-57-3120, dated September 18, 2015; and Airbus Service Bulletin A340-57-5036, dated September 18, 2015. The service information describes procedures for inspecting inboard flaps using eddy current inspection methods to determine the materials used. These documents are distinct since they apply to different airplane models. 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 31 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
  • Inspection 5 work-hours × $85 per hour = $425 $0 $425 $13,175

    We estimate the following costs to do any necessary replacements 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 these replacements:

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Remove and Replace Flap 60 work-hours × $85 per hour = $5,100 Unavailable $5,100

    According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. The cost of purchasing a flap spare is not available. As a result, we have included only labor costs in our cost estimate.

    Authority for This Rulemaking

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

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

    Regulatory Findings

    We determined that this 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): 2017-06-07 Airbus: Amendment 39-18831; Docket No. FAA-2016-8851; Directorate Identifier 2016-NM-070-AD. (a) Effective Date

    This AD is effective May 15, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Airbus Model A330-223F and -243F airplanes; A330-201, -202, -203, -223, and -243 airplanes; A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes; A340-211, -212, and -213 airplanes; A340-311, -312, and -313 airplanes; A340-541 airplanes; and A340-642 airplanes; certificated in any category, all manufacturer serial numbers.

    (d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

    (e) Reason

    This AD was prompted by reports that nonconforming aluminum alloy was used to manufacture several structural parts on the inboard flap. We are issuing this AD to detect and correct structural parts of inboard flaps made of nonconforming aluminum alloy, which could result in reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Inboard Flap Serial Number Identification

    Within 24 months after the effective date of this AD: Inspect each left-hand (LH) and right-hand (RH) inboard flap, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3120, dated September 18, 2015; or Airbus Service Bulletin A340-57-5036, dated September 18, 2015; as applicable; to identify the serial number. A review of airplane delivery and maintenance records is acceptable in lieu of inspecting the inboard flaps, provided those records can be relied upon for that purpose and the serial number of the affected parts can be conclusively identified from that review. The serial numbers of affected inboard flaps are identified in figure 1 to paragraphs (g), (j)(1), and (j)(2) of this AD.

    Note 1 to paragraphs (g) and (h) of this AD:

    Airbus Service Bulletin A330-57-3120, dated September 18, 2015; and Airbus Service Bulletin A340-57-5036, dated September 18, 2015; list the serial numbers of potentially affected LH and RH inboard flaps and the corresponding airplane serial number on which these parts were installed during production. The airplane serial number list is for information only, as it cannot be excluded that a potentially affected inboard flap has been removed from an airplane and later re-installed on another airplane.

    Figure 1 to Paragraphs (g), (j)(1), and (j)(2) of This AD—Affected Flap Serial Numbers (s/n) Date of first
  • operation
  • (dd/mm/yy)
  • LH s/n RH s/n Date of first
  • operation
  • (dd/mm/yy)
  • LH s/n RH s/n Date of first
  • operation
  • (dd/mm/yy)
  • LH s/n RH s/n
    29/09/10 TB 11004 TB 11004 28/02/11 TB 11202 TB 11201 19/12/12 TB 11349 TB 11349 21/07/09 TB 11030 TB 11028 22/02/11 TB 11198 TB 11202 17/12/12 TB 11352 TB 11352 17/08/09 TB 11034 TB 11002 07/03/11 TB 11203 TB 11203 15/11/12 TB 11353 TB 11353 21/05/10 TB 11031 TB 11031 30/03/11 TB 11204 TB 11204 30/10/12 TB 11354 TB 11354 09/08/10 TB 11071 TB 11071 31/05/11 TB 11205 TB 11229 22/10/12 TB 11355 TB 11355 10/07/09 TB 11033 TB 11057 15/03/11 TB 11206 TB 11206 31/10/12 TB 11383 TB 11357 06/08/10 TB 11036 TB 11098 24/03/11 TB 11208 TB 11208 30/10/12 TB 11380 TB 11356 29/07/09 TB 11035 TB 11035 04/04/11 TB 11209 TB 11209 26/11/12 TB 11359 TB 11393 19/08/09 TB 11057 TB 11036 22/03/11 TB 11210 TB 11210 30/11/12 TB 11361 TB 11361 23/12/09 TB 11037 TB 11033 23/03/11 TB 11211 TB 11213 16/11/12 TB 11358 TB 11358 14/09/09 TB 11038 TB 11038 24/03/11 TB 11212 TB 11212 30/11/12 TB 11325 TB 11360 17/09/10 TB 11042 TB 11039 14/04/11 TB 11213 TB 11214 12/12/12 TB 11399 TB 11365 23/09/09 TB 11040 TB 11040 14/04/11 TB 11229 TB 11215 26/11/12 TB 11362 TB 11362 11/09/09 TB 11041 TB 11041 11/04/11 TB 11215 TB 11217 09/11/12 TB 11363 TB 11363 12/05/10 TB 11046 TB 11042 06/04/11 TB 11216 TB 11216 30/11/12 TB 11364 TB 11364 01/10/09 TB 11043 TB 11043 12/04/11 TB 11217 TB 11219 23/11/12 TB 11365 TB 11368 01/10/09 TB 11044 TB 11044 15/04/11 TB 11218 TB 11218 07/12/12 TB 11366 TB 11366 08/09/09 TB 11047 TB 11045 04/05/11 TB 11219 TB 11221 06/12/12 TB 11367 TB 11367 07/09/09 TB 11049 TB 11046 29/04/11 TB 11220 TB 11220 19/12/12 TB 11368 TB 11370 18/09/09 TB 1970 TB 11047 11/05/11 TB 11238 TB 11222 11/12/12 TB 11369 TB 11369 30/09/09 TB 11048 TB 11048 13/05/11 TB 11222 TB 11223 21/12/12 TB 11370 TB 11372 26/10/09 TB 11055 TB 11049 06/05/11 TB 11223 TB 11224 13/12/12 TB 11372 TB 11375 03/09/10 TB 11051 TB 11051 19/05/11 TB 11224 TB 11225 20/12/12 TB 11373 TB 11373 30/10/09 TB 11054 TB 11054 19/05/11 TB 11225 TB 11205 21/12/12 TB 11374 TB 11374 19/11/09 TB 11053 TB 11053 29/06/11 TB 11226 TB 11226 16/01/13 TB 11375 TB 11377 28/10/10 TB 11008 TB 11019 25/05/11 TB 11227 TB 11227 11/01/13 TB 11376 TB 11376 27/10/09 TB 11015 TB 11055 16/05/11 TB 11228 TB 11228 15/01/13 TB 11377 TB 11350 28/10/09 TB 11059 TB 11059 10/06/11 TB 11092 TB 11092 05/02/13 TB 11378 TB 11381 29/10/09 TB 11060 TB 11060 23/11/11 TB 11231 TB 11231 25/01/13 TB 11379 TB 11379 16/11/10 TB 11063 TB 11063 08/07/11 TB 11232 TB 11232 18/01/13 TB 11382 TB 11380 23/12/09 TB 11061 TB 11061 23/06/11 TB 11234 TB 11234 22/03/13 TB 11381 TB 11382 23/11/09 TB 11066 TB 11066 22/06/11 TB 11233 TB 11233 27/02/13 TB 11371 TB 11371 03/11/10 TB 11070 TB 11070 24/06/11 TB 11237 TB 11237 08/03/13 TB 11385 TB 11383 30/11/09 TB 11065 TB 11065 15/06/11 TB 11235 TB 11235 06/02/13 TB 11384 TB 11384 30/11/09 TB 11032 TB 11032 01/07/11 TB 11236 TB 11236 05/02/13 TB 11386 TB 11385 18/11/09 TB 11067 TB 11067 12/07/11 TB 11239 TB 11239 19/02/13 TB 11406 TB 11389 17/12/09 TB 11072 TB 11072 25/11/11 TB 11115 TB 11115 16/03/13 TB 11387 TB 11387 24/11/09 TB 11074 TB 11074 29/07/11 TB 11240 TB 11240 25/02/13 TB 11388 TB 11388 17/09/10 TB 11147 TB 11147 06/10/11 TB 11243 TB 11243 15/02/13 TB 11390 TB 11390 23/12/09 TB 11095 TB 11095 29/07/11 TB 11244 TB 11241 25/02/13 TB 11392 TB 11392 10/12/09 TB 11075 TB 11075 03/08/11 TB 11245 TB 11245 01/03/13 TB 11391 TB 11403 07/12/09 TB 11076 TB 11076 29/08/11 TB 11246 TB 11244 01/03/13 TB 11394 TB 11394 23/12/09 TB 11077 TB 11077 22/08/11 TB 11247 TB 11247 11/03/13 TB 11393 TB 11395 22/12/09 TB 11069 TB 11069 20/12/11 TB 11248 TB 11246 08/03/13 TB 11397 TB 11397 07/12/09 TB 11079 TB 11079 30/08/11 TB 11249 TB 11249 14/03/13 TB 11395 TB 11399 19/01/10 TB 11078 TB 11078 25/08/11 TB 11136 TB 11248 18/03/13 TB 11396 TB 11396 11/02/10 TB 11081 TB 11081 06/09/11 TB 11250 TB 11250 18/03/13 TB 11356 TB 11400 26/03/10 TB 11080 TB 11080 27/09/11 TB 11252 TB 11254 28/03/13 TB 11398 TB 11398 28/01/10 TB 11082 TB 11082 28/09/11 TB 11221 TB 11251 22/03/13 TB 11401 TB 11401 28/01/10 TB 11084 TB 11084 15/09/11 TB 11214 TB 11255 09/04/13 TB 11400 TB 11402 04/02/10 TB 11098 TB 11030 20/10/11 TB 11266 TB 11256 21/03/13 TB 11404 TB 11404 29/01/10 TB 11085 TB 11085 19/12/11 TB 11258 TB 11258 09/04/13 TB 11402 TB 11405 05/02/10 TB 11039 TB 11037 19/10/11 TB 11255 TB 11259 26/04/13 TB 11403 TB 11407 29/03/10 TB 11086 TB 11086 10/11/11 TB 11259 TB 11260 15/04/13 TB 11360 TB 11406 09/03/10 TB 11087 TB 11087 05/10/11 TB 11261 TB 11261 11/04/13 TB 11407 TB 11408 15/04/10 TB 11088 TB 11088 17/10/11 TB 11260 TB 11263 19/04/13 TB 11409 TB 11409 16/04/10 TB 11089 TB 11089 10/11/11 TB 11254 TB 11252 24/04/13 TB 11410 TB 11410 29/03/10 TB 11090 TB 11090 17/11/11 TB 11262 TB 11262 19/04/13 TB 11411 TB 11411 11/06/10 TB 11091 TB 11091 16/11/11 TB 11263 TB 11264 22/04/13 TB 11408 TB 11412 22/06/11 TB 11230 TB 11230 16/11/11 TB 11264 TB 11265 26/04/13 TB 11413 TB 11413 23/03/10 TB 11093 TB 11093 25/11/11 TB 11265 TB 11266 30/04/13 TB 11414 TB 11414 23/02/10 TB 11094 TB 11094 28/11/11 TB 11267 TB 11267 22/04/13 TB 11412 TB 11415 24/03/10 TB 11073 TB 11073 05/12/11 TB 11268 TB 11268 15/07/13 TB 11416 TB 11416 31/03/10 TB 11096 TB 11096 29/11/11 TB 11270 TB 11270 17/05/13 TB 11405 TB 11417 16/03/10 TB 11097 TB 11097 06/12/11 TB 11271 TB 11271 28/05/13 TB 11415 TB 11418 10/03/10 TB 11101 TB 11101 12/12/11 TB 11272 TB 11272 23/05/13 TB 11419 TB 11419 15/03/10 TB 11099 TB 11099 07/12/11 TB 11275 TB 11275 17/05/13 TB 11417 TB 11421 23/03/10 TB 11100 TB 11100 14/12/11 TB 11269 TB 11269 30/05/13 TB 11418 TB 11420 16/06/10 TB 11105 TB 11105 15/12/11 TB 11274 TB 11274 30/05/13 TB 11357 TB 11386 07/12/10 TB 11102 TB 11130 12/12/11 TB 11276 TB 11276 27/05/13 TB 11420 TB 11422 13/04/10 TB 11106 TB 11106 11/01/12 TB 11279 TB 11279 13/06/13 TB 11421 TB 11423 27/04/10 TB 11104 TB 11104 20/01/12 TB 11278 TB 11278 04/06/13 TB 11424 TB 11424 30/04/10 TB 11103 TB 11103 19/01/12 TB 11164 TB 11164 17/06/13 TB 11426 TB 11378 07/04/10 TB 11108 TB 11108 12/01/12 TB 11277 TB 11277 10/06/13 TB 11423 TB 11427 16/04/10 TB 11133 TB 11133 19/01/12 TB 11280 TB 11281 27/06/13 TB 11428 TB 11428 10/05/10 TB 11114 TB 11114 23/01/12 TB 11298 TB 11282 20/06/13 TB 11425 TB 11425 10/05/10 TB 11110 TB 11110 17/01/12 TB 11282 TB 11284 27/06/13 TB 11429 TB 11426 06/05/10 TB 11116 TB 11116 30/01/12 TB 11283 TB 11283 21/06/13 TB 11427 TB 11429 27/05/10 TB 11112 TB 11112 01/02/12 TB 11284 TB 11285 01/07/13 TB 11434 TB 11434 13/07/11 TB 11241 TB 11238 24/02/12 TB 11286 TB 11286 01/07/13 TB 11432 TB 11432 11/05/10 TB 11111 TB 11034 17/02/12 TB 11285 TB 11287 23/07/13 TB 11430 TB 11430 17/06/10 TB 11118 TB 11118 29/02/12 TB 11287 TB 11289 31/07/13 TB 11431 TB 11431 09/06/10 TB 11120 TB 11120 22/02/12 TB 11288 TB 11288 19/07/13 TB 11436 TB 11436 16/07/10 TB 11122 TB 11122 23/02/12 TB 11289 TB 11291 12/07/13 TB 11433 TB 11433 06/07/10 TB 11123 TB 11123 24/02/12 TB 11290 TB 11290 01/08/13 TB 11437 TB 11437 21/05/10 TB 11124 TB 11124 21/02/12 TB 11291 TB 11293 15/07/13 TB 11435 TB 11435 12/07/10 TB 11126 TB 11126 04/04/12 TB 11292 TB 11292 19/07/13 TB 11438 TB 11316 28/06/10 TB 11127 TB 11127 05/04/12 TB 11293 TB 11294 13/11/13 TB 11440 TB 11438 18/06/10 TB 11129 TB 11129 20/03/12 TB 11294 TB 11296 06/08/13 TB 11441 TB 11441 22/06/10 TB 11130 TB 11102 09/03/12 TB 11295 TB 11295 02/08/13 TB 11439 TB 11439 24/09/10 TB 11135 TB 11135 30/03/12 TB 11296 TB 11298 05/08/13 TB 11442 TB 11440 25/06/10 TB 11132 TB 11132 29/03/12 TB 11297 TB 11297 09/08/13 TB 11443 TB 11391 26/07/10 TB E11006 TB 11111 16/03/12 TB 11299 TB 11175 27/08/13 TB 11446 TB 11442 23/07/10 TB 11138 TB 11138 29/03/12 TB 11300 TB 11300 19/08/13 TB 11447 TB 11443 14/09/11 TB 11251 TB 11136 18/04/12 TB 11281 TB 11301 04/09/13 TB 11444 TB 11444 15/07/10 TB 11062 TB 11062 12/04/12 TB 11302 TB 11180 03/09/13 TB 11445 TB 11445 23/07/10 TB 11141 TB 11141 26/04/12 TB 11301 TB 11303 25/09/13 TB 11449 TB 11446 23/08/10 TB 11145 TB 11145 20/04/12 TB 11303 TB 11306 13/09/13 TB 11450 TB 11447 27/08/10 TB 11117 TB 11117 24/04/12 TB 11304 TB 11307 29/10/13 TB 11448 TB 11448 13/08/10 TB 11146 TB 11146 27/04/12 TB 11305 TB 11305 26/09/13 TB 11453 TB 11449 13/09/10 TB 11149 TB 11149 25/04/12 TB 11306 TB 11308 02/12/13 TB 11454 TB 11450 27/09/10 TB 11150 TB 11150 26/04/12 TB 11307 TB 11196 25/09/13 TB 11451 TB 11451 14/11/11 TB 11148 TB 11148 14/05/12 TB 11308 TB 11310 25/09/13 TB 11472 TB 11464 17/09/10 TB 11151 TB 11151 10/05/12 TB 11310 TB 11312 27/09/13 TB 11457 TB 11453 28/09/10 TB 11107 TB 11107 11/05/12 TB 11312 TB 11317 28/10/13 TB 11458 TB 11454 27/09/10 TB 11159 TB 11159 09/05/12 TB 11309 TB 11299 22/10/13 TB 11456 TB 11455 25/10/10 TB 11153 TB 11153 25/05/12 TB 11311 TB 11311 11/10/13 TB 11455 TB 11456 29/09/10 TB 11155 TB 11155 29/05/12 TB 11313 TB 11313 25/10/13 TB 11459 TB 11459 08/10/10 TB 11156 TB 11156 31/05/12 TB 11314 TB 11314 20/11/13 TB 11460 TB 11458 13/10/10 TB 11157 TB 11157 28/06/12 TB 11317 TB 11315 17/10/13 TB 11461 TB 11461 15/10/10 TB 11168 TB 11168 15/06/12 TB 11316 TB 11336 21/10/13 TB 11462 TB 11460 13/10/10 TB 11186 TB 11160 15/06/12 TB 11318 TB 11318 23/10/13 TB 11463 TB 11463 22/10/10 TB 11161 TB 11161 31/05/12 TB 11319 TB 11319 05/11/13 TB 11465 TB 11462 22/10/10 TB 11163 TB 11163 18/06/12 TB 11320 TB 11320 04/11/13 TB 11466 TB 11466 25/01/12 TB 11256 TB 11280 22/06/12 TB 11321 TB 11321 13/11/13 TB 11452 TB 11473 22/11/10 TB 11165 TB 11165 19/07/12 TB 11322 TB 11322 04/11/13 TB 11389 TB 11465 10/11/10 TB 11167 TB 11167 29/06/12 TB 11323 TB 11323 22/11/13 TB 11468 TB 11457 02/12/10 TB 1960 TB 1960 11/07/12 TB 11324 TB 11324 27/11/13 TB 11467 TB 11467 15/11/10 TB 11169 TB 11169 26/06/12 TB 11348 TB 11325 11/12/13 TB 11470 TB 11468 30/11/10 TB 11178 TB 11170 09/07/12 TB 11326 TB 11326 18/11/13 TB 11469 TB 11469 10/11/10 TB 11171 TB 11171 03/07/12 TB 11327 TB 11327 02/12/13 TB 11474 TB 11470 30/11/10 TB 11183 TB 11172 12/07/12 TB 11328 TB 11328 02/12/13 TB 11471 TB 11471 26/11/10 TB 11173 TB 11173 16/07/12 TB 11329 TB 11329 30/12/13 TB 11503 TB 11488 14/12/10 TB 11174 TB 11174 24/08/12 TB 11330 TB 11330 16/12/13 TB 11476 TB 11474 15/06/12 TB 11175 TB 11302 13/07/12 TB 11331 TB 11331 16/12/13 TB 11477 TB 11477 19/11/10 TB 11177 TB 11177 23/07/12 TB 11332 TB 11332 06/12/13 TB 11475 TB 11475 23/12/10 TB 11172 TB 11178 29/08/12 TB 11333 TB 11333 03/12/13 TB 11479 TB 11476 11/04/12 TB 11315 TB 11304 10/08/12 TB 11334 TB 11334 09/12/13 TB 11480 TB 11480 16/12/10 TB 11181 TB 11181 23/07/12 TB 11335 TB 11335 09/12/13 TB 11478 TB 11489 15/12/10 TB 11184 TB 11183 30/08/12 TB 11337 TB 11337 09/12/13 TB 11481 TB 11481 15/12/10 TB 11187 TB 11184 30/07/12 TB 11336 TB 11309 17/12/13 TB 11482 TB 11482 14/01/11 TB 11188 TB 11188 31/08/12 TB 11180 TB 11339 09/01/14 TB 11483 TB 11483 25/01/11 TB 11189 TB 11187 18/09/12 TB 11340 TB 11340 21/01/14 TB 11484 TB 11484 21/01/11 TB 11160 TB 11189 30/11/12 TB 11339 TB 11341 27/02/14 TB 11486 TB 11486 12/01/11 TB 11190 TB 11190 12/09/12 TB 11341 TB 11343 27/01/14 TB 11487 TB 11487 25/01/11 TB 11192 TB 11186 15/10/12 TB 11343 TB 11345 17/01/14 TB 11485 TB 11485 07/02/11 TB 11191 TB 11191 17/09/12 TB 11346 TB 11347 31/01/14 TB 11489 TB 11490 07/02/11 TB 11193 TB 11192 28/09/12 TB 11345 TB 11344 14/01/14 TB 11490 TB 11491 18/02/11 TB 11195 TB 11193 09/10/12 TB 11342 TB 11342 29/01/14 TB 11488 TB 11492 24/02/11 TB 11196 TB 11195 24/09/12 TB 11344 TB 11346 30/01/14 TB 11492 TB 11493 25/02/11 TB 11199 TB 11211 15/10/12 TB 11347 TB 9015 24/01/14 TB 11493 TB 11479 25/02/11 TB 11200 TB 11198 21/09/12 TB 11338 TB 11348 27/02/14 TB 11491 TB 11494 21/02/11 TB 11201 TB 11199 19/10/12 TB 11350 TB 11359 16/06/14 TB 11495 TB 11495 14/02/11 TB 11170 TB 11200 17/10/12 TB 11351 TB 11351 14/02/14 TB 11498 TB 11498
    (h) Eddy Current Conductivity Measurement

    For each affected inboard flap: Within 6 years after the effective date of this AD, or within 12 years after the date of the flap first operation, as specified in figure 1 to paragraphs (g), (j)(1), and (j)(2) of this AD, whichever occurs first, accomplish an eddy current conductivity measurement, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3120, dated September 18, 2015; or Airbus Service Bulletin A340-57-5036, dated September 18, 2015; as applicable.

    (i) Replacement

    If a part manufactured from nonconforming material is detected during the eddy current inspection required by paragraph (h) of this AD: Within 30 days after doing the eddy current inspection, obtain replacement instructions 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); and, within the compliance time specified in those instructions, accomplish the replacement accordingly.

    (j) Parts Installation Limitation

    As of the effective date of this AD, an inboard flap may be installed on any airplane, provided the part is a serviceable part. A serviceable part is:

    (1) A part that is not listed by serial number in figure 1 to paragraphs (g), (j)(1), and (j)(2) of this AD; or

    (2) A part that has a serial number listed in figure 1 to paragraphs (g), (j)(1), and (j)(2) of this AD, and has passed an eddy current conductivity measurement within the compliance time specified in this AD, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3120, dated September 18, 2015; or Airbus Service Bulletin A340-57-5036, dated September 18, 2015; as applicable.

    (k) 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: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 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 DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

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

    (l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0231, dated November 22, 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-2016-8851.

    (m) Material Incorporated by Reference

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

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

    (i) Airbus Service Bulletin A330-57-3120, dated September 18, 2015.

    (ii) Airbus Service Bulletin A340-57-5036, dated September 18, 2015.

    (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; 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 10, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2017-05366 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9385; Directorate Identifier 2016-NM-111-AD; Amendment 39-18844; AD 2017-07-06] RIN 2120-AA64 Airworthiness Directives; Gulfstream Aerospace Corporation Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for all Gulfstream Aerospace Corporation Model G-1159B airplanes. This AD was prompted by a review of airplane maintenance records, which revealed that incorrect rudder assemblies were installed on certain airplanes. This AD requires certain inspections, and replacement or modification of the rudder assembly if necessary. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective May 15, 2017.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as May 15, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, GA 31402-2206; telephone 800-810-4853; fax 912-965-3520; email [email protected]; Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm. 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-2016-9385.

    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-2016-9385; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 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:

    Krista Greer, Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5544; fax: 404-474-5606; email: [email protected]

    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 Gulfstream Aerospace Corporation Model G-1159B airplanes. The NPRM published in the Federal Register on November 21, 2016 (81 FR 83180). The NPRM was prompted by a review of airplane maintenance records, which revealed that incorrect rudder assemblies were installed on certain airplanes. The NPRM proposed to require an inspection to determine the part number of the rudder assembly installed, verification that the part number of the rudder assembly matches what is recorded in the airplane maintenance records, an inspection of the rudder hinges if necessary, and replacement or modification of the rudder assembly if necessary. We are issuing this AD to detect and correct the installation of incorrect rudder assemblies, which could result in flutter and subsequent loss of the rudder, and consequent loss of control of the airplane.

    Comments

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

    Support for the NPRM

    An anonymous commenter stated that the NPRM was understandable and that the FAA should retain its governmental authority.

    We infer that the commenter supports the intent of the NPRM. We have not made any changes to this final rule regarding this issue.

    Conclusion

    We reviewed the relevant data, considered the comment 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 Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016 (for Model G-1159 and Model G-1159B airplanes). The service information describes procedures for inspecting the rudder assembly to determine the part number, verifying that the part number of the rudder assembly matches what is recorded in the airplane maintenance records, inspecting the rudder hinges, and modifying the rudder assembly. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 24 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
  • Inspection 1 work-hour × $85 per hour = $85 $0 $85 $2,040

    We estimate the following costs to do any necessary replacements or modifications that will be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these replacements or modifications:

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replacement/modification 3 work-hours × $85 per hour = $255 $51,445 $51,700
    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

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

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

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

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

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

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

    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): 2017-07-06 Gulfstream Aerospace Corporation: Amendment 39-18844; Docket No. FAA-2016-9385; Directorate Identifier 2016-NM-111-AD. (a) Effective Date

    This AD is effective May 15, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Gulfstream Model G-1159B airplanes, certificated in any category.

    Note 1 to paragraph (c) of this AD:

    Model G-1159B airplanes are also referred to by marketing designation GIIB.

    (d) Subject

    Air Transport Association (ATA) of America Code 27; Flight Controls.

    (e) Unsafe Condition

    This AD was prompted by a review of airplane maintenance records, which revealed that incorrect rudder assemblies were installed on certain airplanes. We are issuing this AD to detect and correct the installation of incorrect rudder assemblies, which could result in flutter and subsequent loss of the rudder, and consequent loss of control of the airplane.

    (f) Compliance

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

    (g) Inspection To Determine Rudder Assembly Part Number (P/N) and Verification of Maintenance Records

    Within 12 months after the effective date of this AD, do an inspection to determine the part number of the rudder assembly, in accordance with the Accomplishment Instructions of Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016, except as provided by paragraph (i)(1) of this AD. If the rudder assembly does not have P/N 1159CS20004-3, within 12 months after the effective date of this AD, verify that the rudder assembly part number recorded in the aircraft maintenance records matches the part number of the rudder assembly installed on the airplane and if the rudder assembly part number does not match, correct the aircraft maintenance records accordingly.

    (h) Additional Inspection and Corrective Action

    If, during the inspection required by paragraph (g) of this AD, a rudder assembly having P/N 1159CS20004-3 is found, before further flight, do a general visual inspection of the middle and upper rudder hinges to determine if a one-piece or two-piece hinge is installed, in accordance with the Accomplishment Instructions of Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016, and do the applicable action specified in paragraph (h)(1) or (h)(2) of this AD, except as required by paragraph (i)(2) of this AD.

    (1) For airplanes with a one-piece hinge installed: Do the actions specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD.

    (i) Modify the rudder assembly, in accordance with the Accomplishment Instructions of Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016.

    Note 2 to paragraph (h)(1)(i) of this AD:

    Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016, refers to Gulfstream GII Aircraft Service Change Number 300, Amendment 1, dated May 21, 1984, as an additional source of guidance for accomplishment of the rudder modification.

    (ii) Replace the rudder assembly with a rudder assembly that has been modified as specified in Gulfstream GII Aircraft Service Change Number 300. Do the replacement using a method approved in accordance with the procedures specified in paragraph (k)(1) of this AD.

    (2) For airplanes with a two-piece hinge installed: Re-identify the rudder assembly as having incorporated the actions in Gulfstream GII Aircraft Service Change Number 300, in accordance with the Accomplishment Instructions of Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016.

    (i) Exceptions to Service Bulletin Specifications

    (1) Where Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016, specifies to record the rudder part number and serial number on the service reply card, that action is not required by this AD.

    (2) Where Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016, specifies to contact Gulfstream for instructions on modifying the rudder assembly, this AD requires modifying the rudder assembly before further flight using a method approved in accordance with the procedures specified in paragraph (k)(1) of this AD.

    (j) Special Flight Permits

    Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed.

    (k) Alternative Methods of Compliance (AMOCs)

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

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

    (3) Except as required by paragraph (i) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (k)(3)(i) and (k)(3)(ii) of this AD apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

    (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

    (l) Related Information

    For more information about this AD, contact Krista Greer, Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5544; fax: 404-474-5606; email: [email protected]

    (m) Material Incorporated by Reference

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

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

    (i) Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17, 2016.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, GA 31402-2206; telephone 800-810-4853; fax 912-965-3520; email [email protected]; Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.

    (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 27, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2017-06704 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31127; Amdt. No. 3741] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective April 10, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 10, 2017.

    ADDRESSES:

    Availability of matters incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.

    2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

    3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part § 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

    The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

    Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C 553(d), good cause exists for making some SIAPs effective in less than 30 days.

    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. 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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC on March 24, 2017.

    John S. Duncan, Director, Flight Standards Service.
    Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows: Effective 27 April 2017 Pell City, AL, St Clair County, RNAV (GPS) RWY 3, Amdt 3 Pell City, AL, St Clair County, RNAV (GPS) RWY 21, Amdt 3 Pell City, AL, St Clair County, Takeoff Minimums and Obstacle DP, Amdt 3 Santa Monica, CA, Santa Monica Muni, RNAV (GPS) RWY 21, Orig Santa Monica, CA, Santa Monica Muni, RNAV (GPS) Y RWY 3, Orig Santa Monica, CA, Santa Monica Muni, RNAV (GPS) Z RWY 3, Orig Augusta, GA, Augusta Rgnl At Bush Field, RADAR-1, Amdt 8, CANCELED Cordele, GA, Crisp County-Cordele, RNAV (GPS) RWY 6, Amdt 1 Cordele, GA, Crisp County-Cordele, RNAV (GPS) RWY 10, Amdt 1 Cordele, GA, Crisp County-Cordele, RNAV (GPS) RWY 24, Amdt 1 Cordele, GA, Crisp County-Cordele, RNAV (GPS) RWY 28, Amdt 1 Cordele, GA, Crisp County-Cordele, Takeoff Minimums and Obstacle DP, Amdt 3 Cordele, GA, Crisp County-Cordele, VOR/DME RWY 23, Amdt 11, CANCELED Brazil, IN, Brazil Clay County, VOR RWY 9, Amdt 7B Fort Wayne, IN, Fort Wayne Intl, VOR OR TACAN RWY 23, Amdt 14 Indianapolis, IN, Indianapolis Executive, VOR RWY 18, Amdt 1D Boston, MA, General Edward Lawrence Logan Intl, RNAV (GPS) RWY 4L, Orig Boston, MA, General Edward Lawrence Logan Intl, RNAV (GPS) RWY 4R, Amdt 2 Bangor, ME, Bangor Intl, ILS OR LOC RWY 33, ILS RWY 33 (SA CAT I), ILS RWY 33 (SA CAT II), Amdt 13 Bangor, ME, Bangor Intl, ILS Y OR LOC Y RWY 15, ILS Y RWY 15 (CAT II), ILS Y RWY 15 (CAT III), Amdt 7 Bangor, ME, Bangor Intl, RADAR-1, Amdt 5 Bangor, ME, Bangor Intl, RNAV (GPS) RWY 15, Amdt 1 Bangor, ME, Bangor Intl, RNAV (GPS) RWY 33, Amdt 1 Mora, MN, Mora Muni, NDB RWY 35, Orig Jefferson, NC, Ashe County, Takeoff Minimums and Obstacle DP, Amdt 1 Dickinson, ND, Dickinson—Theodore Roosevelt Rgnl, ILS OR LOC RWY 32, Amdt 1B New York, NY, West 30TH St, Takeoff Minimums and Obstacle DP, Amdt 1 Burns Flat, OK, Clinton-Sherman, RNAV (GPS) RWY 17R, Amdt 1 Burns Flat, OK, Clinton-Sherman, RNAV (GPS) RWY 35L, Amdt 1 Dickson, TN, Dickson Muni, NDB RWY 17, Amdt 3 Dickson, TN, Dickson Muni, VOR/DME RWY 17, Amdt 4F, CANCELED Nashville, TN, John C Tune, RNAV (GPS) RWY 2, Amdt 2A Kerrville, TX, Kerrville Muni/Louis Schreiner Field, LOC RWY 30, Amdt 5 Tangier, VA, Tangier Island, RNAV (GPS)-B, Amdt 1 Wenatchee, WA, Pangborn Memorial, VOR-A, Amdt 9A Wenatchee, WA, Pangborn Memorial, VOR-B, Orig-A
    [FR Doc. 2017-06753 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31126; Amdt. No. 3740] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective April 10, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 10, 2017.

    ADDRESSES:

    Availability of matter incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

    2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

    3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary.

    This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

    Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

    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. 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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, Navigation (Air).

    Issued in Washington, DC, on March 10, 2017. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows:

    By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

    * * * Effective Upon Publication AIRAC date State City Airport FDC No. FDC date Subject 27-Apr-17 AK Kenai Kenai Muni 7/9573 2/28/17 RNAV (GPS) RWY 20R, Amdt 3.
    [FR Doc. 2017-06752 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31125; Amdt. No. 3739] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective April 10, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 10, 2017.

    ADDRESSES:

    Availability of matters incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001. 2. The FAA Air Traffic Organization Service Area in which the affected airport is located; 3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part § 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

    The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

    Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making some SIAPs effective in less than 30 days.

    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. 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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC, on March 10, 2017. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows: Effective 27 April 2017 Bakersfield, CA, Meadows Field, RNAV (GPS) RWY 12R, Orig Bakersfield, CA, Meadows Field, RNAV (GPS) RWY 30L, Orig Los Angeles, CA, Los Angeles Intl, RNAV (RNP) Z RWY 24L, Amdt 2 Ontario, CA, Ontario Intl, RNAV (GPS) Y RWY 26L, Amdt 2 Ontario, CA, Ontario Intl, RNAV (GPS) Y RWY 26R, Amdt 2 Alamosa, CO, San Luis Valley Rgnl/Bergman Field, ILS OR LOC RWY 2, Amdt 2 Alamosa, CO, San Luis Valley Rgnl/Bergman Field, RNAV (GPS) RWY 2, Amdt 1 Pahokee, FL, Palm Beach Co Glades, RNAV (GPS) RWY 17, Orig-A Pahokee, FL, Palm Beach Co Glades, RNAV (GPS) RWY 35, Orig-A Pahokee, FL, Palm Beach Co Glades, VOR/DME-A, Orig-A Stuart, FL, Witham Field, RNAV (GPS) RWY 12, Amdt 1B West Palm Beach, FL, North Palm Beach County General Aviation, ILS OR LOC RWY 8R, Amdt 1B West Palm Beach, FL, North Palm Beach County General Aviation, RNAV (GPS) RWY 13, Orig-B West Palm Beach, FL, North Palm Beach County General Aviation, VOR RWY 8R, Amdt 1C West Palm Beach, FL, Palm Beach County Park, RNAV (GPS)-A, Orig-A Dalton, GA, Dalton Muni, ILS OR LOC RWY 14, Amdt 1 Dalton, GA, Dalton Muni, RNAV (GPS) RWY 14, Amdt 1 Dalton, GA, Dalton Muni, RNAV (GPS) RWY 32, Amdt 1 Dalton, GA, Dalton Muni, Takeoff Minimums and Obstacle DP, Amdt 5 Honolulu, HI, Daniel K. Inouye Intl, Takeoff Minimums and Obstacle DP, Amdt 8A Ottumwa, IA, Ottumwa Rgnl, ILS OR LOC RWY 31, Amdt 5E Cairo, IL, Cairo Rgnl, NDB RWY 14, Amdt 2B Cairo, IL, Cairo Rgnl, RNAV (GPS) RWY 32, Orig-B Chicago/Prospect Heights/Wheeling, IL, Chicago Executive, RNAV (GPS) RWY 16, Amdt 1E Anderson, IN, Anderson Muni-Darlington Field, ILS OR LOC RWY 30, Amdt 2 Anderson, IN, Anderson Muni-Darlington Field, NDB RWY 30, Amdt 7 Indianapolis, IN, Indianapolis Rgnl, RNAV (GPS) RWY 25, Orig-C Logansport, IN, Logansport/Cass County, VOR-A, Amdt 7A Marion, IN, Marion Muni, ILS OR LOC RWY 4, Amdt 7D Peru, IN, Peru Muni, VOR RWY 1, Amdt 8C Wabash, IN, Wabash Muni, VOR-A, Amdt 11A Houma, LA, Houma-Terrebonne, ILS OR LOC RWY 18, Amdt 5 New Iberia, LA, Acadiana Rgnl, ILS OR LOC RWY 35, Amdt 1 New Iberia, LA, Acadiana Rgnl, RNAV (GPS) RWY 17, Amdt 1 New Iberia, LA, Acadiana Rgnl, RNAV (GPS) RWY 35, Amdt 1 New Iberia, LA, Acadiana Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1 New Iberia, LA, Acadiana Rgnl, VOR OR TACAN RWY 17, Amdt 2 New Iberia, LA, Acadiana Rgnl, VOR RWY 35, Amdt 2 Cape Girardeau, MO, Cape Girardeau Rgnl, LOC/DME BC RWY 28, Amdt 8C Charleston, MO, Mississippi County, NDB RWY 36, Amdt 4B Gordon, NE, Gordon Muni, NDB RWY 22, Amdt 4B Gordon, NE, Gordon Muni, RNAV (GPS) RWY 4, Amdt 1B Gordon, NE, Gordon Muni, RNAV (GPS) RWY 22, Amdt 1A Burns Flat, OK, Clinton-Sherman, ILS OR LOC RWY 17R, Amdt 8 Burns Flat, OK, Clinton-Sherman, Takeoff Minimums and Obstacle DP, Orig-A Burns Flat, OK, Clinton-Sherman, VOR RWY 35L, Amdt 12 Clinton, OK, Clinton Rgnl, RNAV (GPS) RWY 17, Amdt 3 Clinton, OK, Clinton Rgnl, RNAV (GPS) RWY 35, Amdt 4 Clinton, OK, Clinton Rgnl, VOR/DME-A, Orig, CANCELED Elk City, OK, Elk City Rgnl Business, RNAV (GPS) RWY 17, Amdt 2 Elk City, OK, Elk City Rgnl Business, RNAV (GPS) RWY 35, Amdt 2 Weatherford, OK, Thomas P Stafford, RNAV (GPS) RWY 35, Amdt 3 Latrobe, PA, Arnold Palmer Rgnl, ILS OR LOC RWY 23, Amdt 17 Latrobe, PA, Arnold Palmer Rgnl, RNAV (GPS) RWY 5, Amdt 1 Latrobe, PA, Arnold Palmer Rgnl, RNAV (GPS) RWY 23, Amdt 1 Latrobe, PA, Arnold Palmer Rgnl, Takeoff Minimums and Obstacle DP, Amdt 6 Majuro Atoll, RM, Marshall Islands Intl, NDB RWY 7, Amdt 1A Majuro Atoll, RM, Marshall Islands Intl, NDB RWY 25, Amdt 1A Majuro Atoll, RM, Marshall Islands Intl, RNAV (GPS) RWY 7, Orig-D Majuro Atoll, RM, Marshall Islands Intl, RNAV (GPS) RWY 25, Orig-D Millington, TN, Millington Rgnl Jetport, Takeoff Minimums and Obstacle DP, Orig-A Canadian, TX, Hemphill County, RNAV (GPS) RWY 4, Amdt 2 Kerrville, TX, Kerrville Muni/Louis Schreiner Fld, NDB RWY 30, Amdt 4, CANCELED Terrell, TX, Terrell Muni, NDB RWY 17, Amdt 4 Wheeler, TX, Wheeler Muni, RNAV (GPS) RWY 17, Orig-A, CANCELED Wheeler, TX, Wheeler Muni, RNAV (GPS) RWY 35, Orig-A, CANCELED Wheeler, TX, Wheeler Muni, RNAV (GPS)-A, Orig Wheeler, TX, Wheeler Muni, RNAV (GPS)-B, Orig Wheeler, TX, Wheeler Muni, VOR/DME-A, Amdt 2, CANCELED
    [FR Doc. 2017-06771 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA-446] Schedules of Controlled Substances: Temporary Placement of Six Synthetic Cannabinoids (5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA) into Schedule I AGENCY:

    Drug Enforcement Administration, Department of Justice.

    ACTION:

    Temporary scheduling order.

    SUMMARY:

    The Administrator of the Drug Enforcement Administration is issuing this temporary scheduling order to schedule six synthetic cannabinoids: methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate [5F-ADB; 5F-MDMB-PINACA]; methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate [5F-AMB]; N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide [5F-APINACA, 5F-AKB48]; N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide [ADB-FUBINACA]; methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA, MMB-CHMINACA] and methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate [MDMB-FUBINACA], and their optical, positional, and geometric isomers, salts, and salts of isomers into schedule I pursuant to the temporary scheduling provisions of the Controlled Substances Act. This action is based on a finding by the Administrator that the placement of these synthetic cannabinoids into schedule I of the Controlled Substances Act is necessary to avoid an imminent hazard to the public safety. As a result of this order, the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances will be imposed on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle, 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or MDMB-FUBINACA.

    DATES:

    This temporary scheduling order is effective on April 10, 2017. This temporary order will expire on April 10, 2019, unless it is extended for an additional year or a permanent scheduling proceeding is completed.

    FOR FURTHER INFORMATION CONTACT:

    Michael J. Lewis, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-6812.

    SUPPLEMENTARY INFORMATION: Legal Authority

    The Drug Enforcement Administration (DEA) implements and enforces titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended. 21 U.S.C. 801-971. Titles II and III are referred to as the “Controlled Substances Act” and the “Controlled Substances Import and Export Act,” respectively, and are collectively referred to as the “Controlled Substances Act” or the “CSA” for the purpose of this action. The DEA publishes the implementing regulations for these statutes in title 21 of the Code of Federal Regulations (CFR), chapter II. The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while ensuring an adequate supply is available for the legitimate medical, scientific, research, and industrial needs of the United States. Controlled substances have the potential for abuse and dependence and are controlled to protect the public health and safety.

    Under the CSA, every controlled substance is classified into one of five schedules based upon its potential for abuse, its currently accepted medical use in treatment in the United States, and the degree of dependence the drug or other substance may cause. 21 U.S.C. 812. The initial schedules of controlled substances established by Congress are found at 21 U.S.C. 812(c), and the current list of all scheduled substances is published at 21 CFR part 1308.

    Section 201 of the CSA, 21 U.S.C. 811, provides the Attorney General with the authority to temporarily place a substance into schedule I of the CSA for two years without regard to the requirements of 21 U.S.C. 811(b) if he finds that such action is necessary to avoid an imminent hazard to the public safety. 21 U.S.C. 811(h)(1). In addition, if proceedings to control a substance are initiated under 21 U.S.C. 811(a)(1), the Attorney General may extend the temporary scheduling 1 for up to one year. 21 U.S.C. 811(h)(2).

    1 Though DEA has used the term “final order” with respect to temporary scheduling orders in the past, this notification adheres to the statutory language of 21 U.S.C. 811(h), which refers to a “temporary scheduling order.” No substantive change is intended.

    Where the necessary findings are made, a substance may be temporarily scheduled if it is not listed in any other schedule under section 202 of the CSA, 21 U.S.C. 812, or if there is no exemption or approval in effect for the substance under section 505 of the Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 355. 21 U.S.C. 811(h)(1). The Attorney General has delegated scheduling authority under 21 U.S.C. 811 to the Administrator of the DEA. 28 CFR 0.100.

    Background

    Section 201(h)(4) of the CSA 21 U.S.C. 811(h)(4), requires the Administrator to notify the Secretary of the Department of Health and Human Services (HHS) of his intention to temporarily place a substance into schedule I of the CSA.2 The Acting Administrator transmitted notice of his intent to place 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA into schedule I on a temporary basis to the Assistant Secretary by letter dated April 22, 2016. The Assistant Secretary responded to this notice by letter dated May 2, 2016, and advised that based on a review by the Food and Drug Administration (FDA), there were no investigational new drug applications or approved new drug applications for 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or MDMB-FUBINACA. The Assistant Secretary also stated that the HHS had no objection to the temporary placement of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or MDMB-FUBINACA into schedule I of the CSA. The DEA has taken into consideration the Assistant Secretary's comments as required by 21 U.S.C. 811 (h)(4). 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or MDMB-FUBINACA are not currently listed in any schedule under the CSA, and no exemptions or approvals are in effect for 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or MDMB-FUBINACA under section 505 of the FDCA, 21 U.S.C. 355. The DEA has found that the control of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or MDMB-FUBINACA in schedule I on a temporary basis is necessary to avoid an imminent hazard to the public safety, and as required by 21 U.S.C. 811(h)(1)(A), a notice of intent to temporarily schedule 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or MDMB-FUBINACA was published in the Federal Register on December 21, 2016. 81 FR 93595.

    2 As discussed in a memorandum of understanding entered into by the Food and Drug Administration (FDA) and the National Institute on Drug Abuse (NIDA), the FDA acts as the lead agency within the Department of Health and Human Service (HHS) in carrying out the Secretary's scheduling responsibilities under the CSA, with the concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. The Secretary of the HHS has delegated to the Assistant Secretary for Health of the HHS the authority to make domestic drug scheduling recommendations. 58 FR 35460, July 1, 1993.

    To find that placing a substance temporarily into schedule I of the CSA is necessary to avoid an imminent hazard to the public safety, the Administrator is required to consider three of the eight factors set forth in section 201(c) of the CSA, 21 U.S.C. 811(c): The substance's history and current pattern of abuse; the scope, duration and significance of abuse; and what, if any, risk there is to the public health. 21 U.S.C. 811(h)(3). Consideration of these factors includes actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution. 21 U.S.C. 811(h)(3).

    A substance meeting the statutory requirements for temporary scheduling may only be placed into schedule I. 21 U.S.C. 811(h)(1). Substances in schedule I are those that have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. 21 U.S.C. 812(b)(1).

    Available data and information for 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA, summarized below, indicate that these synthetic cannabinoids (SCs) have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. The DEA's three-factor analysis, and the Assistant Secretary's May 2, 2016 letter are available in their entirety under the tab “Supporting Documents” of the public docket of this action at www.regulations.gov under FDMS Docket ID: DEA-2016-0020 (Docket Number DEA-446).

    Factor 4. History and Current Pattern of Abuse

    Synthetic cannabinoids have been developed over the last 30 years as tools for investigating the endocannabinoid system (e.g., determining CB1 and CB2 receptor activity). The first encounter of SCs within the United States occurred in November 2008 by U.S. Customs and Border Protection. Since then the popularity of SCs and their associated products has increased steadily as evidenced by law enforcement seizures, public health information, and media reports. 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA are SCs that have been recently encountered (see “Supporting and Related Material,” factor 5). Multiple overdoses involving emergency medical intervention or deaths have been associated with 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA.

    Research and clinical reports have demonstrated that SCs are applied onto plant material so that the material may be smoked as users attempt to obtain a euphoric and/or psychoactive “high,” believed to be similar to marijuana. Data gathered from published studies, supplemented by discussions on Internet discussion Web sites, demonstrate that these products are being abused mainly by smoking for their psychoactive properties. The adulterated products are marketed as “legal” alternatives to marijuana. In recent overdoses, 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA have been shown to be applied onto plant material, similar to the SCs that have been previously available.

    Law enforcement personnel have encountered various application methods, including buckets or cement mixers, in which plant material and one or more SCs (including 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA) are mixed together, as well as large areas where the plant material is spread out so that a dissolved SC mixture can be applied directly. Once mixed, the SC plant material is then allowed to dry before manufacturers package the product for distribution, ignoring any control mechanisms to prevent contamination or to ensure a consistent, uniform concentration of the substance in each package. Adverse health consequences may also occur from directly ingesting the substance(s) during the manufacturing process. 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA, similar to other SCs, have been encountered in the form of dried leave or herbal blends.

    The designer drug products laced with SCs, including 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA, are often sold under the guise of “herbal incense” or “potpourri,” use various product names, and are routinely labeled “not for human consumption.” Additionally, these products are marketed as a “legal high” or “legal alternative to marijuana” and are readily available over the Internet, in head shops, or sold in convenience stores. There is an incorrect assumption that these products are safe, that they are a synthetic form of marijuana, and that labeling these products as “not for human consumption” is a legal defense to criminal prosecution.

    A major concern, as reiterated by public health officials and medical professionals, is the targeting and direct marketing of SCs and SC-containing products to adolescents and youth. This is supported by law enforcement encounters and reports from emergency departments; however, all age groups have been reported by media as abusing these substances and related products. Individuals, including minors, are purchasing SCs from Internet Web sites, gas stations, convenience stores, and head shops.

    Factor 5. Scope, Duration and Significance of Abuse

    SCs, including 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA, continue to be encountered on the illicit market regardless of scheduling actions that attempt to safeguard the public from the adverse effects and safety issues associated with these substances. Numerous substances are encountered each month, differing only by small modifications intended to avoid prosecution while maintaining the pharmacological effects. Law enforcement and health care professionals continue to report abuse of these substances and their associated products.

    As described by the National Institute on Drug Abuse (NIDA), many substances being encountered in the illicit market, specifically SCs, have been available for years but have reentered the marketplace due to a renewed popularity.

    The threat of serious injury to the individual following the ingestion of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA and other SCs persists. Numerous calls have been received by poison centers regarding the abuse of products potentially laced with SCs that have resulted in visits to emergency departments. Law enforcement continues to encounter novel SCs on the illicit market, including 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA (see factor 5 in “Supporting and Related Material”).

    The following information details information obtained through NFLIS 3 (queried on November 7, 2016), including dates of first encounter, exhibits/reports, and locations.

    3 The National Forensic Laboratory Information System (NFLIS) is a national drug forensic laboratory reporting system that systematically collects results from drug chemistry analyses conducted by state and local forensic laboratories in the United States.

    5F-ADB: NFLIS-2,311 reports, first encountered in September 2014, locations include: Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Virginia, and Wisconsin.

    5F-AMB: NFLIS-3,349 reports, first encountered in January 2014, locations include: Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.

    5F-APINACA: NFLIS-1,936 reports, first encountered in August 2012, locations include: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.

    ADB-FUBINACA: NFLIS—942 reports, first encountered in March 2014, locations include: Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Texas, Utah, Virginia, and Wyoming.

    MDMB-CHMICA: NFLIS—227 reports, first encountered in March 2015, locations include: Arkansas, Georgia, Indiana, Kentucky, Louisiana, Nevada, Ohio, Oklahoma, South Carolina, and Texas.

    MDMB-FUBINACA: NFLIS—507 reports, first encountered in July 2015, locations include: Arkansas, California, Colorado, Connecticut, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, Wisconsin, and West Virginia.

    Factor 6. What, if Any, Risk There Is to the Public Health

    5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA have all been identified in overdose and/or cases involving death attributed to their abuse. Adverse health effects reported from these incidents involving 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA have included: Nausea, persistent vomiting, agitation, altered mental status, seizures, convulsions, loss of consciousness and/or cardio toxicity. Large clusters of overdoses requiring medical care have been reported involving 5F-AMB, MDMB-FUBINACA, MDMB-CHMICA and 5F-ADB. Reported deaths involving these SCs have included 5F-ADB (8); 5F-AMB (6); 5F-APINACA (1); ADB-FUBINACA (2); and MDMB-CHMICA (4). The European Monitoring Centre for Drugs and Drug Addiction has reported an additional 12 deaths involving MDMB-CHMICA; and MDMB-FUBINACA (1) (see factor 6 in “Supporting and Related Material”).

    Finding of Necessity of Schedule I Placement To Avoid Imminent Hazard to Public Safety

    In accordance with 21 U.S.C. 811(h)(3), based on the available data and information summarized above, the continued uncontrolled manufacture, distribution, importation, exportation, conduct of research and chemical analysis, possession, and abuse of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA pose an imminent hazard to the public safety. The DEA is not aware of any currently accepted medical uses for these substances in the United States. A substance meeting the statutory requirements for temporary scheduling, 21 U.S.C. 811(h)(1), may only be placed into schedule I. Substances in schedule I are those that have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Available data and information for 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA indicate that these SCs have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. As required by section 201(h)(4) of the CSA, 21 U.S.C. 811(h)(4), the Administrator, through a letter dated April 22, 2016, notified the Assistant Secretary of the DEA's intention to temporarily place these six substances into schedule I. A notice of intent was subsequently published in the Federal Register on December 21, 2016.4 81 FR 93595.

    4 A publication error occurred with the December 21, 2016 notification (81 FR 93595), which resulted in 21 CFR 1308.11 being amended. As a result, a correction was issued by the Federal Register on January 9, 2017 (82 FR 2218), and the amended text was removed. The original notice of intent was republished on January 9, 2017 (82 FR 2280), with the corrected non-amendatory language.

    Conclusion

    In accordance with the provisions of section 201(h) of the CSA, 21 U.S.C. 811(h), the Administrator considered available data and information, and herein set forth the grounds for his determination that it is necessary to temporarily schedule methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate [5F-ADB; 5F-MDMB-PINACA]; methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate [5F-AMB]; N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide [5F-APINACA, 5F-AKB48]; N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide [ADB-FUBINACA]; methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA, MMB-CHMINACA] and methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate [MDMB-FUBINACA] into schedule I of the CSA to avoid an imminent hazard to the public safety.

    Because the Administrator hereby finds it necessary to temporarily place these SCs into schedule I to avoid an imminent hazard to the public safety, this temporary order scheduling these substances will be effective on the date of publication in the Federal Register, and will be in effect for a period of two years, with a possible extension of one additional year, pending completion of the regular (permanent) scheduling process. 21 U.S.C. 811(h) (1) and (2).

    The CSA sets forth specific criteria for scheduling a drug or other substance. Permanent scheduling actions in accordance with 21 U.S.C. 811(a) are subject to formal rulemaking procedures done “on the record after opportunity for a hearing” conducted pursuant to the provisions of 5 U.S.C. 556 and 557. 21 U.S.C. 811. The permanent scheduling process of formal rulemaking affords interested parties with appropriate process and the government with any additional relevant information needed to make a determination. Final decisions that conclude the permanent scheduling process of formal rulemaking are subject to judicial review. 21 U.S.C. 877. Temporary scheduling orders are not subject to judicial review. 21 U.S.C. 811(h)(6).

    Requirements for Handling

    Upon the effective date of this temporary order, 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA will become subject to the regulatory controls and administrative, civil, and criminal sanctions applicable to the manufacture, distribution, reverse distribution, importation, exportation, engagement in research, and conduct of instructional activities or chemical analysis with, and possession of schedule I controlled substances including the following:

    1. Registration. Any person who handles (manufactures, distributes, reverse distributes, imports, exports, engages in research, or conducts instructional activities or chemical analysis with, or possesses), or who desires to handle, 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA must be registered with the DEA to conduct such activities pursuant to 21 U.S.C. 822, 823, 957, and 958 and in accordance with 21 CFR parts 1301 and 1312, as of April 10, 2017. Any person who currently handles 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA and is not registered with the DEA, must submit an application for registration and may not continue to handle 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA as of April 10, 2017, unless the DEA has approved that application for registration. Retail sales of schedule I controlled substances to the general public are not allowed under the CSA. Possession of any quantity of these substances in a manner not authorized by the CSA on or after April 10, 2017 is unlawful and those in possession of any quantity of these substances may be subject to prosecution pursuant to the CSA.

    2. Disposal of stocks. Any person who does not desire or is not able to obtain a schedule I registration to handle 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA, must surrender all quantities of currently held 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA.

    3. Security. 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA are subject to schedule I security requirements and must be handled and stored pursuant to 21 U.S.C. 821, 823, 871(b), and in accordance with 21 CFR 1301.71-1301.93, as of April 10, 2017.

    4. Labeling and Packaging. All labels, labeling, and packaging for commercial containers of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA must be in compliance with 21 U.S.C. 825, 958(e), and be in accordance with 21 CFR part 1302. Current DEA registrants shall have 30 calendar days from April 10, 2017, to comply with all labeling and packaging requirements.

    5. Inventory. Every DEA registrant who possesses any quantity of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA on the effective date of this order, must take an inventory of all stocks of these substances on hand, pursuant to 21 U.S.C. 827 and 958, and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11. Current DEA registrants shall have 30 calendar days from the effective date of this order to be in compliance with all inventory requirements. After the initial inventory, every DEA registrant must take an inventory of all controlled substances (including 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA) on hand on a biennial basis, pursuant to 21 U.S.C. 827 and 958, and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11.

    6. Records. All DEA registrants must maintain records with respect to 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA pursuant to 21 U.S.C. 827 and 958(e), and in accordance with 21 CFR parts 1304, 1312, and 1317 and § 1307.11. Current DEA registrants authorized to handle 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA shall have 30 calendar days from the effective date of this order to be in compliance with all recordkeeping requirements.

    7. Reports. All DEA registrants who manufacture or distribute 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA must submit reports pursuant to 21 U.S.C. 827 and in accordance with 21 CFR parts 1304 and 1312 as of April 10, 2017.

    8. Order Forms. All DEA registrants who distribute 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA must comply with order form requirements pursuant to 21 U.S.C. 828 and in accordance with 21 CFR part 1305 as of April 10, 2017.

    9. Importation and Exportation. All importation and exportation of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA must be in compliance with 21 U.S.C. 952, 953, 957, 958, and in accordance with 21 CFR part 1312 as of April 10, 2017.

    10. Quota. Only DEA registered manufacturers may manufacture 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA in accordance with a quota assigned pursuant to 21 U.S.C. 826 and in accordance with 21 CFR part 1303 as of April 10, 2017.

    11. Liability. Any activity involving 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA not authorized by, or in violation of the CSA, occurring as of April 10, 2017, is unlawful, and may subject the person to administrative, civil, and/or criminal sanctions.

    Regulatory Matters

    Section 201(h) of the CSA, 21 U.S.C. 811(h), provides for a temporary scheduling action where such action is necessary to avoid an imminent hazard to the public safety. As provided in this subsection, the Attorney General may, by order, schedule a substance in schedule I on a temporary basis. Such an order may not be issued before the expiration of 30 days from (1) the publication of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued, and (2) the date that notice of the proposed temporary scheduling order is transmitted to the Assistant Secretary. 21 U.S.C. 811(h)(1).

    Inasmuch as section 201(h) of the CSA directs that temporary scheduling actions be issued by order and sets forth the procedures by which such orders are to be issued, the DEA believes that the notice and comment requirements of the Administrative Procedure Act (APA) at 5 U.S.C. 553, do not apply to this temporary scheduling action. In the alternative, even assuming that this action might be subject to 5 U.S.C. 553, the Administrator finds that there is good cause to forgo the notice and comment requirements of section 553, as any further delays in the process for issuance of temporary scheduling orders would be impracticable and contrary to the public interest in view of the manifest urgency to avoid an imminent hazard to the public safety.

    Further, the DEA believes that this temporary scheduling action is not a “rule” as defined by 5 U.S.C. 601(2), and, accordingly, is not subject to the requirements of the Regulatory Flexibility Act (RFA). The requirements for the preparation of an initial regulatory flexibility analysis in 5 U.S.C. 603(a) are not applicable where, as here, the DEA is not required by the APA or any other law to publish a general notice of proposed rulemaking.

    Additionally, this action is not a significant regulatory action as defined by Executive Order 12866 (Regulatory Planning and Review), section 3(f), and, accordingly, this action has not been reviewed by the Office of Management and Budget.

    This action 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. Therefore, in accordance with Executive Order 13132 (Federalism) it is determined that this action does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

    As noted above, this action is an order, not a rule. Accordingly, the Congressional Review Act (CRA) is inapplicable, as it applies only to rules. However, if this were a rule, pursuant to the Congressional Review Act, “any rule for which an agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the federal agency promulgating the rule determines. 5 U.S.C. 808(2). It is in the public interest to schedule these substances immediately because they pose a public health risk. This temporary scheduling action is taken pursuant to 21 U.S.C. 811(h), which is specifically designed to enable the DEA to act in an expeditious manner to avoid an imminent hazard to the public safety. 21 U.S.C. 811(h) exempts the temporary scheduling order from standard notice and comment rulemaking procedures to ensure that the process moves swiftly. For the same reasons that underlie 21 U.S.C. 811(h), that is, the need to move quickly to place these substances into schedule I because they pose an imminent hazard to public safety, it would be contrary to the public interest to delay implementation of the temporary scheduling order. Therefore, this order shall take effect immediately upon its publication. The DEA has submitted a copy of this temporary order to both Houses of Congress and to the Comptroller General, although such filing is not required under the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act), 5 U.S.C. 801-808, because, as noted above, this action is an order, not a rule.

    List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements.

    For the reasons set out above, the DEA amends 21 CFR part 1308 as follows:

    PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for part 1308 continues to read as follow: Authority:

    21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted.

    2. Section 1308.11 is amended by adding paragraphs (h)(10) through (15) to read as follows:
    § 1308.11 Schedule I.

    (h) * * *

    (10) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F-ADB; 5F-MDMB-PINACA) (7034) (11) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F-AMB). (7033) (12) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F-APINACA, 5F-AKB48) (7049) (13) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: ADB-FUBINACA) (7010) (14) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: MDMB-CHMICA, MMB-CHMINACA) (7042) (15) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: MDMB-FUBINACA) (7020)
    Dated: April 4, 2017. Chuck Rosenberg, Acting Administrator.
    [FR Doc. 2017-07118 Filed 4-7-17; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket Number USCG-2017-0173] Drawbridge Operation Regulation; Upper Mississippi River, Rock Island, IL 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 Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the Quad City Marathon to cross the bridge. This deviation allows the bridge to be maintained in the closed-to-navigation position for ninety minutes.

    DATES:

    This deviation is effective from 9 a.m. to 10:30 a.m. on April 8, 2017.

    ADDRESSES:

    The docket for this deviation, [USCG-2017-0173] 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 Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314-269-2378, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The U.S. Army Rock Island Arsenal requested a temporary deviation for the Rock Island Railroad and Highway Drawbridge, across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois to remain in the closed-to-navigation position for a one and 1/2 hour period from 9:00 a.m. to 10:30 a.m., April 8, 2017, while the River Bandits 5K is held between the cities of Davenport, IA and Rock Island, IL.

    The Rock Island Railroad and Highway Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridges shall open promptly and fully for the passage of vessels when a request to open is given in accordance with the subpart.

    There are no alternate routes for vessels transiting this section of the Upper Mississippi River.

    The Rock Island Railroad and Highway Drawbridge has a vertical clearance of 23.8 feet above normal pool in the closed-to-navigation position. Navigation on the waterway consists primarily of commercial tows and recreational watercraft. This temporary deviation has been coordinated with waterway users. No objections were received.

    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 31, 2017. Eric A. Washburn, Bridge Administrator, Western Rivers.
    [FR Doc. 2017-07115 Filed 4-7-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0118] RIN 1625-AA00 Safety Zone; Columbia River, Sand Island, WA Correction

    In rule document 2017-04196, appearing on pages 12416 through 12418, in the issue of Friday, March 3, 2017, make the following correction:

    On page 12417, in the first column, on the fourteenth line from the bottom of the page, “46°5′5″ N.” should read, “46°15′45″ N.”.

    [FR Doc. C1-2017-04196 Filed 4-7-17; 8:45 am] BILLING CODE 1301-00-D
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2016-0552; A-1-FRL- 9960-86-Region 1] Approval and Promulgation of Air Quality Implementation Plans; Maine, New Hampshire, Rhode Island and Vermont; Interstate Transport of Fine Particle and Ozone Air Pollution AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) submissions from the Maine Department of Environmental Protection (ME DEP), the New Hampshire Department of Environmental Services (NH DES), the Rhode Island Department of Environmental Management (RI DEM) and the Vermont Department of Environmental Conservation (VT DEC). These SIP submissions address provisions of the Clean Air Act that require each state to submit a SIP to address emissions that may adversely affect another state's air quality through interstate transport. The EPA is finding that all four States have adequate provisions to prohibit in-state emissions activities from significantly contributing to nonattainment, or interfering with the maintenance, of the 1997 ozone National Ambient Air Quality Standards (NAAQS) in other states, and that Rhode Island and Vermont have adequate provisions to prohibit in-state emissions activities from significantly contributing to nonattainment, or interfering with maintenance, of the 1997 fine particulate matter (PM2.5) and 2006 PM2.5 NAAQS in other states. The intended effect of this action is to approve the SIP revisions submitted by Maine, New Hampshire, Rhode Island, and Vermont. This action is being taken under the Clean Air Act.

    DATES:

    This rule is effective on May 10, 2017.

    ADDRESSES:

    EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2016-0552. All documents in the docket are listed on the http://www.regulations.gov Web site, although some information, such as confidential business information or other information whose disclosure is restricted by statute is not publically available. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Richard P. Burkhart, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1664; [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.

    Organization of this document. The following outline is provided to aid in locating information in this preamble.

    I. Background. II. Public Comments. III. Final Action. IV. Statutory and Executive Order Reviews. I. Background

    This rulemaking approves SIP submissions from the ME DEP, the NH DES, the RI DEM, and the VT DEC. The SIPs were submitted on the following dates: April 24, 2008 (ME); March 11, 2008 (NH); April 30, 2008 and November 6, 2009 (RI); and April 15, 2009 and May 21, 2010 (VT). These SIP submissions address the requirements of Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) for the 1997 ozone and 1997 PM2.5 and 2006 PM2.5 NAAQS.1

    1 To the extent that these SIP submittals address other infrastructure elements, such as CAA section 110(a)(2)(D)(i)(II), those requirements are not being addressed in today's action. In today's rulemaking, EPA is taking action only with respect to CAA section 110(a)(2)(D)(i)(I).

    On December 15, 2016 (81 FR 90758), EPA published a notice of proposed rulemaking (NPR) proposing approval of these SIP submissions. The specific details of each state's SIP submission and the rationale for EPA's approval of each SIP submission are discussed in the NPR and will not be restated here.

    II. Public Comments

    EPA did not receive any comments in response to the NPR.

    III. Final Action

    EPA is approving the SIP revisions submitted by the states on the following dates as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 1997 ozone NAAQS: April 24, 2008 (Maine); March 11, 2008 (New Hampshire); April 30,2008 (Rhode Island); and April 15, 2009 (Vermont). In addition, EPA is approving the SIP revisions submitted by the states on the following dates as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 1997 PM2.5 NAAQS: April 30, 2008 (Rhode Island); and April 15, 2009 (Vermont). Also, EPA is approving the SIP revisions submitted by Rhode Island on November 6, 2009 and Vermont on May 21, 2010 as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS.

    IV. Statutory and Executive Order Reviews

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

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

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

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

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

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 9, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

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

    Dated: March 16, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:

    PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart U—Maine 2. In § 52.1020, the table in paragraph (e) is amended by adding a new row to the end of the table to read as follows:
    § 52.1020 Identification of plan.

    (e) Nonregulatory.

    Maine Non Regulatory Name of
  • nonregulatory
  • SIP provision
  • Applicable
  • geographic or
  • nonattainment
  • area
  • State
  • submittal
  • date/effective
  • date
  • EPA approved date  3 Explanations
    *         *         *         *         *         *         * Transport SIP for the 1997 Ozone Standard Statewide Submitted 04/24/2008 4/10/2017, [Insert Federal Register citation] State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). 3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
    Subpart EE—New Hampshire 3. In § 52.1520, the table in paragraph (e) is amended by adding a new row to the end of the table to read as follows:
    § 52.1520 Identification of plan.

    (e) Nonregulatory.

    New Hampshire NonRegulatory Name of
  • nonregulatory
  • SIP provision
  • Applicable
  • geographic or
  • nonattainment
  • area
  • State
  • submittal
  • date/effective
  • date
  • EPA approved date  3 Explanations
    *         *         *         *         *         *         * Transport SIP for the 1997 Ozone Standard Statewide Submitted
  • 03/11/2008
  • 4/10/2017, [Insert Federal Register citation] State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
    3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
    Subpart OO—Rhode Island 4. In § 52.2070, the table in paragraph (e) is amended by adding three new rows to the end of the table to read as follows:
    § 52.2070 Identification of plan.

    (e) Nonregulatory.

    Rhode Island Non Regulatory Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approved date Explanations *         *         *         *         *         *         * Transport SIP for the 1997 Ozone Standard Statewide Submitted 04/30/2008 4/10/2017, [Insert Federal Register citation] State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 1997 Particulate Matter Standard Statewide Submitted 04/30/2008 4/10/2017, [Insert Federal Register citation] State submitted a transport SIP for the 1997 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 2006 Particulate Matter Standard Statewide Submitted 11/06/2009 4/10/2017, [Insert Federal Register citation] State submitted a transport SIP for the 2006 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
    Subpart UU—Vermont 5. In § 52.2370, the table in paragraph (e) is amended by adding three new rows to the end of the table to read as follows:
    § 52.2370 Identification of plan.

    (e) Nonregulatory.

    Vermont Non-Regulatory Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approved date Explanations *         *         *         *         *         *         * Transport SIP for the 1997 Ozone Standard Statewide Submitted 04/15/2009 4/10/2017, [Insert Federal Register citation] State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 1997 Particulate Matter Standards Statewide Submitted 04/15/2009 4/10/2017, [Insert Federal Register citation] State submitted a transport SIP for the 1997 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 2006 particulate matter Standards Statewide Submitted 05/21/2010 4/10/2017, [Insert Federal Register citation] State submitted a transport SIP for the 2006 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
    [FR Doc. 2017-06880 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0292; FRL-9960-59-Region 4] Air Plan Approval; Georgia; Inspection and Maintenance Program Updates AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action to approve the State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) on August 6, 2014, pertaining to rule changes for the Georgia Inspection and Maintenance (I/M) program. EPA is approving this SIP revision as modified by GA EPD through a December 1, 2016, partial withdrawal letter. EPA is taking this action because the State has demonstrated that the SIP revision is consistent with the Clean Air Act (CAA or Act).

    DATES:

    This direct final rule is effective on June 9, 2017 without further notice, unless EPA receives relevant adverse comment by May 10, 2017. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2015-0292 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong can be reached via phone at (404) 562-8726 or electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    The CAA requires certain areas that are designated as moderate, serious, severe, or extreme ozone nonattainment areas to establish a motor vehicle I/M program to ensure regular monitoring of gasoline fueled motor vehicle emissions by requiring that vehicles undergo periodic emissions testing. See CAA sections 182(b)(4), (c)(3). This emissions testing ensures that vehicles are well maintained and operating as designed and do not exceed established vehicle pollutant limits. A basic I/M program is required for certain moderate areas and an enhanced I/M program is required for certain serious, severe, or extreme ozone nonattainment areas.

    In 1991, EPA classified a 13-county area in and around the Atlanta, Georgia, metropolitan area as a serious ozone nonattainment area for the 1990 1-hour ozone National Ambient Air Quality Standards (NAAQS), triggering the requirement for the State to establish an enhanced I/M program for this area.1 In 1996, Georgia submitted its enhanced I/M program to EPA for incorporation into the SIP. EPA granted interim approval of the State's program in August 1997. See 62 FR 42916 (August 11, 1997). Full approval was granted in the direct final rule published in January 2000. See 65 FR 4133 (January 26, 2000). Since that time, EPA has approved several SIP revisions regarding the State's I/M program.

    1 On November 6, 1991, EPA designated and classified the following counties in and around the Atlanta, Georgia, metropolitan area as a serious ozone nonattainment area for the 1-hour ozone NAAQS: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. See 56 FR 56694.

    In 1997, EPA established an 8-hour ozone NAAQS and subsequently designated areas according to their attainment status. On April 30, 2004, EPA designated a 20-county area in and around metropolitan Atlanta as a marginal ozone nonattainment area for the 1997 8-hour ozone NAAQS.2 See 69 FR 23858. EPA reclassified these counties as a moderate ozone nonattainment area on March 6, 2008, because the area failed to attain the 1997 8-hour ozone NAAQS by the required attainment date of June 15, 2007. See 73 FR 12013. Subsequently, the area attained the 1997 8-hour ozone standard, and on December 2, 2013, EPA redesignated the counties to attainment for the 1997 8-hour ozone NAAQS. See 78 FR 72040.

    2 The nonattainment area for the 1997 8-hour ozone standard consisted of the following counties: Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton.

    On March 12, 2008, EPA revised the 8-hour ozone NAAQS. See 73 FR 16436 (March 27, 2008). EPA designated a 15-county area in and around metropolitan Atlanta as a marginal ozone nonattainment area for the 2008 8-hour ozone NAAQS on April 30, 2012 (effective July 20, 2012).3 See 77 FR 30088 (May 21, 2012). EPA reclassified these counties as a moderate ozone nonattainment area on April 11, 2016, because the area failed to attain the 2008 8-hour ozone NAAQS by the required attainment date of July 20, 2015. See 81 FR 26697 (May 4, 2016).4

    3 The nonattainment area for the 2008 8-hour ozone standard consists of the following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale.

    4 Subsequent to the reclassification of the Atlanta Area, EPA determined that the Area has attained the 2008 8-hour ozone NAAQS based on 2013-2015 monitoring data. See 81 FR 45419 (July 14, 2016). However, an attainment determination is not equivalent to a redesignation under CAA section 107(d)(3). The Area will remain nonattainment for the 2008 8-hour ozone NAAQS and subject to the NNSR requirements for that NAAQS until such time as EPA determines that the Area meets the requirements for redesignation to attainment. EPA proposed to redesignate the Area in a notice of proposed rulemaking published on December 23, 2016 (81 FR 94283).

    II. EPA's Analysis of Georgia's SIP Revision

    In the August 6, 2014, SIP revision, GA EPD requested that EPA take action to update the SIP to include changes to the Georgia I/M program. The submittal revises several rules within Georgia Rule Chapter 391-3-20, Enhanced Inspection and Maintenance, for the purpose of providing: Clarification, consistency with federal rules, consistency with the Georgia Motor Vehicle Inspection and Maintenance Act, and improved enforceability. On December 1, 2016, GA EPD submitted a partial withdrawal letter withdrawing the proposed revision to Georgia Rule 391-3-20-.06, “On Road Testing”, from the SIP revision.

    The remaining changes in Georgia's August 6, 2014, SIP revision after the withdrawal letter pertain to Georgia Rules 391-3-20-.01; 391-3-20-.03 through 391-3-20-.05; 391-3-20-.07 through 391-3-20-.13; and 391-3-20-.15 through 391-3-20-.22. Further explanation of these changes is provided below and in the SIP revision:

    • Rule 391-3-20-.01, “Definitions,” is being amended to be consistent with revisions to the Inspection and Maintenance Test Manual, to remove obsolete language, to include new definitions consistent with changes to other Inspection and Maintenance rules, to make definitions consistent with EPA definitions, to reference a new Test Manual and a new Procedures Manual, and to remove redundant language that is currently in the Georgia Motor Vehicle Emissions Inspection and Maintenance Act.

    • Rule 391-3-20-.03, “Covered Vehicles; Exemptions,” is being amended to clarify certain provisions, to update terminology to be consistent with current emission inspection technology, and to update a reference to another State agency.

    • Rule 391-3-20-.04, “Emission Inspection Procedures,” is being amended to provide clarification regarding inspections required by the Inspection and Maintenance Act and to update it to current terminology.

    • Rule 391-3-20-.05, “Emission Standards,” is being amended to use standard terminology, to remove obsolete language, and to add new terminology due to advances in the emission testing industry.

    • Rule 391-3-20-.07, “Inspection Equipment System Specifications,” is being amended to update terminology to be consistent, use generic terminology, and to clarify the meaning of the rule.

    • Rule 391-3-20-.08, “Quality Control and Equipment Calibration Procedures,” is being amended to allow for better enforcement of the rules, to update standard terminology, and to remove a duplicate section.

    • Rule 391-3-20-.09, “Inspection Station Requirements,” is being amended to provide clarification by using standard terms, to add clarifying language, and to remove unnecessary and obsolete language. The amendments also change the time frame from five days to three days for notifying the management contractor when an inspector leaves employment of an inspection station. The clarifications will enhance the State's compliance and enforcement capabilities with regard to liability insurance.

    • Rule 391-3-20-.10, “Certificates of Authorization,” is being amended to clarify the requirements in this rule, make them consistent with current practice, and improve GA EPD's ability to properly enforce the inspection and maintenance rules. Among other things, the amendments: (1) Add a requirement that renewal certificates be submitted at least 30 days prior to expiration to allow sufficient time for processing; (2) remove the 10-day time limit for maintaining dedicated data transmission lines at a sold station and require data lines to be maintained until the close-out audit is complete; and (3) clarify that new inspection station owners must obtain a Certificate of Authorization prior to operating the station. Subparagraph (7) is being removed to improve the State's ability to deny a renewal when there is sufficient cause.

    • Rule 391-3-20-.11, “Inspector Qualifications and Certification,” is being amended to clarify the requirements of this section by removing obsolete terms, updating language, and adding necessary requirements.

    • Rule 391-3-20-.12, “Schedules for Emission Inspections,” is being amended to clarify and update the requirements.

    • Rule 391-3-20-.13, “Certificate of Emission Inspection,” is being amended to update this section and add clarification.

    • Rule 391-3-20-.15, “Repairs and Reinspections,” is being amended to clarify terminology and use standardized terms.

    • Rule 391-3-20-.16, “Extensions and Reciprocal Inspections,” is being amended to make the rule consistent with the Inspection and Maintenance Act.

    • Rule 391-3-20-.17, “Waivers,” is being amended to use standardized terminology, eliminate obsolete provisions, and to specify the requirements for obtaining waivers consistent with current procedures.

    • Rule 391-3-20-.18, “Sale of Vehicles,” is being amended to specify that GA EPD has the option to collect a civil penalty of up to $5,000 per day for any violation of any requirement of the Georgia Motor Vehicle Emissions Inspection and Maintenance Act and Rules, including the car sales provisions, as an alternative to criminal penalties.

    • Rule 391-3-20-.19, “Management Contractor,” is being amended to reflect a reorganization of state agencies by changing “Georgia Department of Motor Vehicle Safety” to “Georgia Department of Revenue, Motor Vehicle Division” and adding language for future name changes.

    • Rule 391-3-20-.20, “Referee Program,” is being amended to make it consistent with the Inspection and Maintenance Act and to update terminology.

    • Rule 391-3-20-.21, “Inspection Fees,” is being amended to remove obsolete provisions.

    • Rule 391-3-20-.22, “Enforcement,” is being amended to remove obsolete wording.

    Section 110(l) of the CAA prevents EPA from approving a SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the Act. EPA has preliminarily determined that these changes will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the CAA, and therefore satisfy section 110(l), because they are either administrative or remove requirements that do not have an air quality impact such that removal will interfere with attainment or maintenance of the NAAQS in any area in Georgia.

    III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Georgia Rules 391-3-20-.01, 391-3-20-.03 through 391-3-20-.05, Georgia Rules, 391-3-20-.07 through 391-3-20-.13, and 391-3-20-.15 through 391-3-20-.22 (state effective date of June 19, 2014). Therefore, these rules (state effective date of June 19, 2014) have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.5 EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the “For Further Information Contact” section of this preamble for more information).

    5 62 FR 27968 (May 22, 1997).

    IV. Final Action

    EPA is taking direct final action to revise the Georgia SIP to include the changes to Georgia Rules 391-3-20-.01; 391-3-20-.03 through 391-3-20-.05; 391-3-20-.07 through 391-3-20-.13; and 391-3-20-.15 through 391-3-20-.22 related to the State's I/M program. EPA has concluded that the State's submission meets the requirements of section 110 of the CAA.

    EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective June 9, 2017 without further notice unless the Agency receives adverse comments by May 10, 2017.

    If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on June 9, 2017 and no further action will be taken on the proposed rule.

    Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the Agency may adopt as final those provisions of the rule that are not the subject of an adverse comment.

    V. Statutory and Executive Order Reviews

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

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

    • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

    • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 9, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2).

    List of Subjects in 40 CFR Part 52

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

    Dated: March 15, 2017. V. Anne Heard, Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

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

    42.U.S.C. 7401 et seq.

    Subpart L—Georgia 2. In § 52.570, the table in paragraph (c) is amended by revising the entry “391-3-20” to read as follows:
    § 52.570 Identification of plan.

    (c) * * *

    EPA Approved Georgia Regulations State citation Title/subject State effective date EPA approval date Explanation *         *         *         *         *         *         * Emission Standards *         *         *         *         *         *         * 391-3-20 Enhanced Inspection and Maintenance 6/19/2014 4/10/2017 [Insert Federal Register citation] *         *         *         *         *         *         *
    [FR Doc. 2017-07032 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0048; FRL-9960-54-Region 4] Air Plan Approval; Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQS AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving the portion of the State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet's Division of Air Quality on August 26, 2016, regarding the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the Kentucky portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana 2008 8-hour ozone nonattainment area (hereinafter referred to as the “Cincinnati-Hamilton, OH-KY-IN Area” or “Area”). The Area consists of Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio; portions of Boone, Campbell, Kenton Counties in Kentucky; and a portion of Dearborn County in Indiana. This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

    DATES:

    This direct final rule is effective June 9, 2017 without further notice, unless EPA receives adverse comment by May 10, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2017-0048 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in appendix I of part 50.

    Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS based on the three most recent years of ambient air quality data at the conclusion of the designation process. As part of the designations process for the 2008 8-hour ozone NAAQS, the Cincinnati-Hamilton, OH-KY-IN Area was designated as a marginal ozone nonattainment area, effective July 20, 2012. See 77 FR 30088 (May 21, 2012). On March 6, 2015, EPA issued a final rule entitled, “Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements” (SIP Requirements Rule), which establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2008 8-hour ozone NAAQS.1 See 80 FR 12264. Areas that were designated as marginal ozone nonattainment areas were required to attain the 2008 8-hour ozone NAAQS no later than July 20, 2015 (3 years after the effective date of designation).2 See 40 CFR 51.1103.

    1 The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 8-hour ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The Rule also revokes the 1997 8-hour ozone NAAQS and establishes anti-backsliding requirements.

    2 On May 4, 2016 (81 FR 26697), EPA published its determination that the Area had attained the 2008 8-hour ozone NAAQS by the attainment deadline. However, an attainment determination is not equivalent to a redesignation under CAA section 107(d)(3). The Area will remain nonattainment for the 2008 8-hour ozone NAAQS and subject to the NNSR requirements for that NAAQS until such time as EPA determines that the Area meets the requirements for redesignation to attainment.

    Based on the nonattainment designation for the 2008 8-hour ozone standard, Kentucky was required to develop a SIP revision addressing certain CAA requirements for the Kentucky portion of the Area. On August 26, 2016, the Commonwealth of Kentucky submitted a SIP revision addressing, among other things, NNSR requirements for the 2008 8-hour ozone NAAQS for the Kentucky Area. EPA's analysis of how this SIP revision addresses the NNSR requirements for the 2008 8-hour ozone NAAQS is provided below.

    II. Analysis of Kentucky's Nonattainment New Source Review Requirements

    The minimum SIP requirements for NNSR permitting programs for the 2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR 51.1114. These NNSR program requirements include those promulgated in the “Phase 2 Rule” implementing the 1997 8-hour ozone NAAQS (70 FR 71612) and the SIP Requirements Rule for implementing the 2008 8-hour ozone NAAQS (80 FR 12264). Under the Phase 2 Rule, the SIP for each ozone nonattainment area must contain nonattainment NSR provisions that: Set major source thresholds for nitrogen oxides (NOX) and volatile organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (a)(1)(iv)(A)(2); classify physical changes as a major source if the change would constitute a major source by itself pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase of NOX as a significant net emissions increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of VOC emissions in extreme ozone nonattainment areas as a significant net emissions increase and a major modification for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and NOX as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2); provide that the requirements applicable to VOC also apply to NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii) (renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the 2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008 8-hour ozone NAAQS, the SIP for each ozone nonattainment area designated nonattainment for the 2008 8-hour ozone NAAQS and designated nonattainment for the 1997 8-hour ozone NAAQS on April 6, 2015, must also contain NNSR provisions that include the anti-backsliding requirements at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).

    Kentucky has a longstanding and fully implemented NNSR program (found at 401 Kentucky Administrative Regulation (KAR) 51:052) that establishes air quality permitting requirements for the construction or modification of major stationary sources located within, or impacting, areas designated as nonattainment. EPA last approved revisions to the SIP-approved version of Kentucky's NNSR rule on September 15, 2010. Those revisions, submitted to EPA in a February 5, 2010 SIP revision, addressed the NNSR requirements in the Phase 2 Rule for the 1997 8-hour ozone NAAQS. In approving the revisions to Kentucky's NNSR rule, EPA found the revisions to be in accordance with the changes in the federal NSR program for the 1997 8-hour ozone NAAQS.3 See 75 FR 55988. In Kentucky's August 26, 2016 SIP revision, the Commonwealth states that its NNSR program is applicable to the 2008 8-hour ozone NAAQS and cites to the program as containing acceptable provisions to provide for new source review in the Kentucky portion of the Area.

    3 In that action, EPA determined that the SIP revision was consistent with changes to federal NSR requirements (40 CFR 51.165 and 51.166 and the Phase II Rule) relating to the incorporation of nitrogen oxides as an ozone precursor. See 75 FR 55988 (September 15, 2010).

    The version of 401 KAR 52:052 that is contained in the current SIP has not changed since the 2010 rulemaking. This version of the rule covers the Kentucky portion of the Area and is adequate to meet all applicable NNSR requirements for the 2008 8-hour ozone NAAQS. The Phase 2 requirements for 8-hour ozone nonattainment areas classified as serious or above remain inapplicable because the Area is classified as a marginal nonattainment area for the 2008 8-hour NAAQS, and the anti-backsliding requirements added in the SIP Requirements Rule for implementing the 2008 8-hour ozone NAAQS are inapplicable because the Kentucky portion of the Area was redesignated to attainment for the 1997 8-hour ozone NAAQS in 2010.4 As stated above, the anti-backsliding requirements for NNSR in the SIP Requirements Rule only apply to areas designated nonattainment for the 2008 8-hour ozone NAAQS and designated nonattainment for the 1997 8-hour ozone NAAQS on April 6, 2015.

    4See 75 FR 47218 (August 5, 2010). The 1997 8-hour ozone NAAQS was revoked with the 2008 8-hour ozone NAAQS SIP Requirements Rule, and as discussed above, the anti-backsliding requirements for the 1997 8-hour ozone NAAQS only apply for areas that were nonattainment for the 1997 standard on the effective date of the revocation (April 6, 2015). See 80 FR 12264 (March 6, 2015).

    III. Final Action

    EPA is approving the portion of Kentucky's August 26, 2016, SIP revision addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN Area. EPA has concluded that the Commonwealth's submission fulfills the 40 CFR 51.1114 revision requirement and meets the requirements of CAA section 110 and the minimum SIP requirements of 40 CFR 51.165.

    EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective June 9, 2017 without further notice unless the Agency receives adverse comments by May 10, 2017.

    If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on June 9, 2017 and no further action will be taken on the proposed rule.

    IV. Statutory and Executive Order Reviews

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

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

    • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 9, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2).

    List of Subjects in 40 CFR Part 52

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

    Dated: March 15, 2017. V. Anne Heard, Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart S—Kentucky 2. Section 52.920(e) is amended by adding an entry for “2008 8-hour ozone NAAQS Nonattainment New Source Review Requirements for the Kentucky Portion of the Cincinnati-Hamilton OH-KY-IN Area” at the end of the table to read as follows:
    § 52.920 Identification of plan.

    (e) * * *

    EPA-Approved Kentucky Non-regulatory Provisions Name of non-regulatory SIP
  • provision
  • Applicable geographic or nonattainment area State submittal date/effective date EPA approval date Explanations
    *         *         *         *         *         *         * 2008 8-hour ozone NAAQS Nonattainment New Source Review Requirements for the Kentucky Portion of the Cincinnati-Hamilton OH-KY-IN Area Boone, Campbell and Kenton Counties (part) (Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN Area) 8/26/2016 4/10/2017, [Insert Federal Register citation]
    [FR Doc. 2017-07028 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0705; FRL-9960-81-Region 5] Air Plan Approval; Michigan; Transportation Conformity Procedures AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision for carbon monoxide (CO) and particulate matter (PM2.5), submitted by the State of Michigan on October 3, 2016. The purpose of this revision is to establish transportation conformity criteria and procedures related to interagency consultation, and enforceability of certain transportation related control and mitigation measures.

    DATES:

    This direct final rule is effective June 9, 2017, unless EPA receives adverse comments by May 10, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2016-0705 at http://www.regulations.gov or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Michael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6680, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    I. What is the background for this action? II. What is EPA's analysis of Michigan's SIP revision? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background for this action?

    Transportation conformity is required under section 176(c) of the Clean Air Act (Act) to ensure that transportation planning activities are consistent with (“conform to”) air quality planning goals in nonattainment/maintenance areas. The transportation conformity regulation is found in 40 CFR part 93 and provisions related to transportation conformity SIPs are found in 40 CFR 51.390. Transportation conformity applies to areas that are designated nonattainment or maintenance for the transportation related criteria pollutants listed in 40 CFR 93.102(b)(1). Michigan currently has maintenance areas for CO and PM2.5.

    EPA originally promulgated the Federal transportation conformity criteria and procedures (“Transportation Conformity Rule”) on November 24, 1993 (58 FR 62188). On August 10, 2005, the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU) was signed into law. SAFETEA-LU revised section 176(c) of the Act transportation conformity provisions. SAFETEA-LU streamlined the requirements for conformity SIPs. Under SAFETEA-LU, States are required to address and tailor only three sections of the rules in their conformity SIPs: 40 CFR 93.105, 40 CFR 93.122(a)(4)(ii), and 40 CFR 93.125(c). 40 CFR 93.105 addresses consultation procedures for conformity. 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c), addresses written commitments from project implementers of transportation control measures. In general, states are no longer required to submit conformity SIP revisions that address the other sections of the conformity rule.

    II. What is EPA's analysis of Michigan's SIP revision?

    A conformity SIP can be adopted as a state rule, as a memorandum of understanding, or a memorandum of agreement (MOA). The appropriate form of the state conformity procedures depends upon the requirements of local or State law, as long as the selected form complies with all requirements used by the Act for adoption, submission to EPA, and implementation of SIPs. EPA will accept state conformity SIPs in any form provided the state can demonstrate to EPA's satisfaction that, as a matter of state law, the state has adequate authority to compel compliance with the requirements of the conformity SIP.

    Michigan concluded that this SIP revision in the form of a MOA will be enforceable through a number of Michigan statutes. These statutes authorize state agencies to enter into legally binding cooperative contracts for the receipt or furnishing of services. In this case, these services relate to the transportation/air quality planning process in Michigan. Michigan collaborated with the Michigan Department of Transportation (MDOT), the EPA, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Southeast Michigan Council of Governments, to develop the Transportation Conformity MOA. This MOA was agreed upon and signed by all of the above consultation parties.

    EPA has evaluated this SIP submission and finds that the state has addressed the requirements of the Federal transportation conformity rule as described in 40 CFR 51.390 and 40 CFR part 93, subpart A. The transportation conformity rule requires the states to develop their own processes and procedures for interagency consultation and resolution of conflicts meeting the criteria in 40 CFR 93.105. The SIP revision includes processes and procedures to be followed by the Metropolitan Planning Organization (MPO), MDOT, the FHWA and the FTA, in consultation with the state and local air quality agencies and EPA before making transportation conformity determinations. Michigan's transportation conformity SIP also included processes and procedures for the state and local air quality agencies and EPA to coordinate the development of applicable SIPs with the MPOs, the state Department of Transportation (DOT), and the U.S. DOT, and requires written commitments to control measures and mitigation measures (40 CFR 93.122(a)(4)(ii) and 93.125(c)).

    EPA's review of the Michigan SIP revision indicates that it is consistent with the Act as amended by SAFETEA-LU and EPA regulations (40 CFR part 93, subpart A, and 40 CFR 51.390) governing state procedures for transportation conformity and interagency consultation and therefore EPA has concluded that the submittal is approvable.

    III. What action is EPA taking?

    EPA is approving a SIP revision submitted by the State of Michigan, for the purpose of establishing transportation conformity criteria and procedures related to interagency consultation, and enforceable commitments to implement transportation related control and mitigation measures.

    We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective June 9, 2017 without further notice unless we receive relevant adverse written comments by May 10, 2017. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective June 9, 2017.

    IV. Statutory and Executive Order Reviews

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

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

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Act; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

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

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

    Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 9, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Particulate matter, Intergovernmental relations.

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

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    2. Section 52.1173 is amended by adding paragraph (l) to read as follows:
    § 52.1173 Control strategy: Particulates.

    (l) Approval—On October 3, 2016, the State of Michigan submitted a revision to their Particulate Matter State Implementation Plan. The submittal established transportation conformity “Conformity” criteria and procedures related to interagency consultation, and enforceability of certain transportation related control and mitigation measures.

    3. Section 52.1179 is amended by adding paragraph (c) to read as follows:
    § 52.1179 Control strategy: Carbon monoxide.

    (c) Approval—On October 3, 2016, the State of Michigan submitted a revision to their Carbon Monoxide State Implementation Plan. The submittal established transportation conformity “Conformity” criteria and procedures related to interagency consultation, and enforceability of certain transportation related control and mitigation measures.

    [FR Doc. 2017-07029 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0784; FRL-9960-83-Region 10] Air Plan Approval; Washington: General Regulations for Air Pollution Sources, Southwest Clean Air Agency Jurisdiction AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted by the Washington Department of Ecology (Ecology) in coordination with Southwest Clean Air Agency (SWCAA) on December 20, 2016. In the fall of 2014 and spring of 2015, the EPA approved numerous revisions to Ecology's general air quality regulations. However, our approval of the updated Ecology regulations applied only to geographic areas where Ecology, and not a local air agency, had jurisdiction, and statewide, to source categories over which Ecology had sole jurisdiction. Under the Washington Clean Air Act, local clean air agencies may adopt equally stringent or more stringent requirements in lieu of Ecology's general air quality regulations, if they so choose. Therefore, the EPA stated that we would evaluate the general air quality regulations as they applied to local jurisdictions in separate, future actions. This final action approves the submitted SWCAA general air quality regulations to replace or supplement the corresponding Ecology regulations for sources in SWCAA's jurisdiction, including implementation of the minor new source review and nonattainment new source review permitting programs. This action also approves a limited subset of Ecology regulations, for which there are no corresponding SWCAA corollaries, to apply in SWCAA's jurisdiction.

    DATES:

    This final rule is effective May 10, 2017.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0784. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206) 553-0256; email address: [email protected]

    SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Orders Review I. Background Information

    On January 19, 2017, the EPA proposed to approve revisions to SWCAA's general air quality regulations and a limited subset of Ecology regulations to apply in SWCAA's jurisdiction (82 FR 6413). An explanation of the Clean Air Act (CAA) requirements, a detailed analysis of the revisions, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on February 21, 2017. The EPA received two, separate anonymous comments on the proposal.

    II. Response to Comments

    Comment #1: The commenter asserted that the EPA's proposed action is an example of federal overreach on state and local jurisdictions. The commenter also stated that the EPA's review and proposed approval of the SWCAA regulations violates the Tenth Amendment to the United States Constitution.

    Response: Under the CAA, as established and amended by Congress, state and local authorities take the lead in developing State Implementation Plans (SIP) that implement, maintain, and enforce the national ambient air quality standards (NAAQS), which are standards designed to protect public health and welfare from air pollution. In reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 42 U.S.C. 7410(k); 40 CFR 52.02(a). In this case, EPA has done just that—Washington elected to submit the SWCAA and Ecology SIP revision to the EPA, and the EPA has proposed to approve the submission based on our determination that it meets the requirements of the CAA. We are now finalizing our determination.

    With respect to the claim that the EPA's action in approving this SIP submittal violates the Tenth Amendment, the Supreme Court has repeatedly affirmed the constitutionality of federal statutes, such as Section 110 of the CAA, that allow States to administer federal programs but provide for direct federal administration if a State chooses not to administer it. See Texas v. EPA, 726 F.3d 180, 196-7 (D.C. Cir. 2013) (citing New York v. United States, 505 U.S. 144, 167-8, 173-4 (1992); Hodel v. Va. Surface Mining & Reclamation Ass'n, Inc., 452 U.S. 264m 288 (1981)).

    Comment #2: A second commenter wrote in support of the EPA's proposed approval of the SWCAA and Ecology SIP revision.

    Response: We are now finalizing our proposed determination that the SWCAA and Ecology SIP revision meets the requirements of the CAA.

    III. Final Action A. Regulations Approved and Incorporated by Reference Into the SIP

    The EPA is approving, and incorporating by reference, into the Washington SIP at 40 CFR 52.2470(c)—Table 8—Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction, the SWCAA and Ecology regulations listed in Tables 1 and 2 below for sources within SWCAA's jurisdiction.

    Table 1—Southwest Clean Air Agency (SWCAA) Regulations for Proposed Approval and Incorporation by Reference State/local citation Title/subject State/local
  • effective date
  • Explanations
    SWCAA 400—General Regulations for Air Pollution Sources 400-010 Policy and Purpose 03/18/01 400-020 Applicability 10/09/16 400-030 Definitions 10/09/16 Except: 400-030(21) and (129). 400-036 Portable Sources from Other Washington Jurisdictions 10/09/16 400-040 General Standards for Maximum Emissions 10/09/16 Except: 400-040(1)(a), (c) and (d); 400-040(2); and 400-040(4). 400-050 Emission Standards for Combustion and Incineration Units 10/09/16 Except: 400-050(3); 400-050(5); and 400-050(6). 400-060 Emission Standards for General Process Units 10/09/16 400-070 General Requirements for Certain Source Categories 10/09/16 Except: 400-070(2)(a); 400-070(3)(b); 400-070(5); 400-070(6); 400-070(7); 400-070(8)(c); 400-070(9); 400-070(10); 400-070(11); 400-070(12); 400-070(14); and 400-070(15)(c). 400-072 Small Unit Notification for Selected Source Categories 10/09/16 Except: 400-072(5)(a)(ii)(B); 400-072(5)(d)(ii)(B); 400-072(5)(d)(iii)(A); 400-072(5)(d)(iii)(B); and all reporting requirements related to toxic air pollutants. 400-074 Gasoline Transport Tanker Registration 11/15/09 Except: 400-074(2). 400-081 Startup and Shutdown 10/09/16 400-091 Voluntary Limits on Emissions 10/09/16 400-105 Records, Monitoring and Reporting 10/09/16 Except: reporting requirements related to toxic air pollutants. 400-106 Emission Testing and Monitoring at Air Contaminant Sources 10/09/16 Except: 400-106(1)(d) through (g); and 400-106(2). 400-109 Air Discharge Permit Applications 10/09/16 Except: The toxic air pollutant emissions thresholds contained in 400-109(3)(d); 400-109(3)(e)(ii); and 400-109(4). 400-110 Application Review Process for Stationary Sources (New Source Review) 10/09/16 Except: 400-110(1)(d). 400-111 Requirements for New Sources in a Maintenance Plan Area 10/09/16 Except: 400-111(7). 400-112 Requirements for New Sources in Nonattainment Areas 10/09/16 Except: 400-112(6). 400-113 Requirements for New Sources in Attainment or Nonclassifiable Areas 10/09/16 Except: 400-113(5). 400-114 Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source 11/09/03 400-116 Maintenance of Equipment 11/09/03 400-130 Use of Emission Reduction Credits 10/09/16 400-131 Deposit of Emission Reduction Credits Into Bank 10/09/16 400-136 Maintenance of Emission Reduction Credits in Bank 10/09/16 400-151 Retrofit Requirements for Visibility Protection 11/09/03 400-161 Compliance Schedules 03/18/01 400-171 Public Involvement 10/09/16 Except: 400-171(2)(a)(xii). 400-190 Requirements for Nonattainment Areas 10/09/16 400-200 Vertical Dispersion Requirement, Creditable Stack Height and Dispersion Techniques 10/09/16 Except: 400-200(1). 400-205 Adjustment for Atmospheric Conditions 03/18/01 400-210 Emission Requirements of Prior Jurisdictions 03/18/01 400-800 Major Stationary Source and Major Modification in a Nonattainment Area 10/09/16 400-810 Major Stationary Source and Major Modification Definitions 10/09/16 400-820 Determining If a New Stationary Source or Modification to a Stationary Source is Subject to These Requirements 10/09/16 400-830 Permitting Requirements 10/09/16 400-840 Emission Offset Requirements 10/09/16 400-850 Actual Emissions—Plantwide Applicability Limitation (PAL) 10/09/16 400-860 Public Involvement Procedures 10/09/16 Appendix A SWCAA Method 9 Visual Opacity Determination Method 10/09/16 Appendix B Description of Vancouver Ozone and Carbon Monoxide Maintenance Area Boundary 10/09/16
    Table 2—Washington State Department of Ecology Regulations for Proposed Approval and Incorporation by Reference State/local citation Title/subject State/local
  • effective date
  • Explanations
    Chapter 173-400 WAC, General Regulations for Air Pollution Sources 173-400-117 Special Protection Requirements for Federal Class I Areas 12/29/12 For permits issued under the applicability provisions of WAC 173-400-800. 173-400-118 Designation of Class I, II, and III Areas 12/29/12 173-400-560 General Order of Approval 12/29/12 Except:—The part of 173-400-560(1)(f) that says, “173-460 WAC”.
    B. Approved but Not Incorporated by Reference Regulations

    In addition to the regulations approved and incorporated by reference stated previously, the EPA reviews and approves state and local clean air agency submissions to ensure they provide adequate enforcement authority and other general authority to implement and enforce the SIP. However, regulations describing such agency enforcement and other general authority are generally not incorporated by reference so as to avoid potential conflict with the EPA's independent authorities. The EPA has reviewed and is approving SWCAA 400-220 Requirements for Board Members, SWCAA 400-230 Regulatory Actions and Civil Penalties, SWCAA 400-240 Criminal Penalties, SWCAA 400-250 Appeals, SWCAA 400-260 Conflict of Interest; SWCAA 400-270 Confidentiality of Records and Information, and SWCAA 400-280 Powers of Agency as providing SWCAA adequate enforcement and other general authorities for purposes of implementing and enforcing its SIP. However, the EPA is not incorporating these sections by reference into the SIP codified in 40 CFR 52.2470(c). Instead, the EPA is including these sections in 40 CFR 52.2470(e), EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures, as approved but not incorporated by reference regulatory provisions.

    C. Regulations To Remove From the SIP

    The Ecology regulations contained in Washington's SIP at 40 CFR 52.2470(c)—Table 8—Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction were last approved by the EPA on June 2, 1995 (60 FR 28726). As discussed in the proposal for this action, under the Washington Clean Air Act, local air agencies have the option of adopting and implementing equally stringent or more stringent corresponding provisions to apply in lieu of Chapter 173-400 WAC, or parts of Chapter 173-400 WAC. With the exception of updated versions of WAC 173-400-117, 173-400-118, and 173-400-560, SWCAA requested that the submitted SWCAA regulations replace the existing WAC provisions currently in the SIP for its jurisdiction. Also as discussed in the proposal, we are removing from the SIP SWCAA 400-050(3) [formerly 400-050(2)], 400-052, 400-070(6), 400-070(8)(c) [formerly 400-070(7)(c) and (d)], 400-074(2), 400-100, 400-101, and 400-109(4), because removal of these provisions would not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. We also note that the SIP includes a reference to SWCAA 400-090 which was renumbered to SWCAA 400-091 on September 21, 1995. We are removing the reference to SWCAA 400-090 in the SIP which was inadvertently not addressed as part of our February 26, 1997 approval of SWCAA 400-091 (62 FR 8624).

    D. Scope of Proposed Action

    This revision to the Washington SIP applies specifically to the SWCAA jurisdiction incorporated at 40 CFR 52.2470(c)—Table 8. As discussed in our October 3, 2014 approval of revisions to the WAC, local air agency jurisdiction in Washington is generally defined on a geographic basis; however, there are exceptions (79 FR 59653, at page 59654). By statute, SWCAA does not have authority for sources under the jurisdiction of the Energy Facility Site Evaluation Council (EFSEC). See Revised Code of Washington Chapter 80.50. Under the applicability provisions of WAC 173-405-012, 173-410-012, and 173-415-012, SWCAA also does not have jurisdiction for kraft pulp mills, sulfite pulping mills, and primary aluminum plants. For these sources, Ecology retains statewide, direct jurisdiction. Ecology also retains statewide, direct jurisdiction for the prevention of significant deterioration (PSD) permitting program. Therefore, the EPA is not approving into 40 CFR 52.2470(c)—Table 8 the provisions of Chapter 173-400 WAC related to the PSD program. Specifically, the provisions are WAC 173-400-116 and WAC 173-400-700 through 750, already approved by the EPA as applying state-wide.

    Jurisdiction to implement the visibility permitting program contained in WAC 173-400-117 varies depending on the situation (see 80 FR 23721, April 29, 2015, at page 80 FR 23726). Ecology retains authority to implement WAC 173-400-117 as it relates to PSD permits. However, for facilities subject to major nonattainment new source review (NSR) under the applicability provisions of SWCAA 400-800, we are approving SWCAA to implementing those parts of WAC 173-400-117 as they relate to major nonattainment NSR permits. We are also modifying the visibility protection Federal Implementation Plan contained in 40 CFR 52.2498 to reflect the approval of WAC 173-400-117 as it applies to implementation of the major nonattainment NSR program in SWCAA's jurisdiction.

    Lastly, this SIP revision is not approved to apply on any Indian reservation land in the State, or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.

    IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference as described in the amendments to 40 CFR part 52 set forth below. These materials have been approved by the EPA for inclusion in the State Implementation Plan, have been incorporated by reference by the EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1 The EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region 10 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information).

    1 62 FR 27968 (May 22, 1997).

    V. Statutory and Executive Orders Review

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

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

    • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and

    • does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

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

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 9, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).

    List of Subjects in 40 CFR Part 52

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

    Dated: March 20, 2017. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart WW—Washington 2. Amend § 52.2470 by revising Table 8 of paragraph (c) and Table 1 of paragraph (e), to read as follows:
    § 52.2470 Identification of plan.

    (c) * * *

    Table 8—Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction [Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-405-012, 173-410-012, and 173-415-012] State/local citation Title/subject State/local effective date EPA approval date Explanations Southwest Clean Air Agency Regulations SWCAA 400—General Regulations for Air Pollution Sources 400-010 Policy and Purpose 03/18/01 04/10/17, [Insert Federal Register citation] 400-020 Applicability 10/09/16 04/10/17, [Insert Federal Register citation] 400-030 Definitions 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-030(21) and (129). 400-036 Portable Sources from Other Washington Jurisdictions 10/09/16 04/10/17, [Insert Federal Register citation] 400-040(1)(a) General Standards for Maximum Emissions 9/21/95 2/26/97, 62 FR 8624 400-040 General Standards for Maximum Emissions 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-040(1)(a), (c) and (d); 400-040(2); and 400-040(4). 400-050 Emission Standards for Combustion and Incineration Units 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-050(3); 400-050(5); and 400-050(6). 400-060 Emission Standards for General Process Units 10/09/16 04/10/17, [Insert Federal Register citation] 400-070(2)(a) Emission Standards for Certain Source Categories 9/21/95 2/26/97, 62 FR 8624 400-070 General Requirements for Certain Source Categories 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-070(2)(a); 400-070(3)(b); 400-070(5); 400-070(6); 400-070(7); 400-070(8)(c); 400-070(9); 400-070(10); 400-070(11); 400-070(12); 400-070(14); and 400-070(15)(c). 400-072 Small Unit Notification for Selected Source Categories 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-072(5)(a)(ii)(B); 400-072(5)(d)(ii)(B); 400-072(5)(d)(iii)(A); 400-072(5)(d)(iii)(B); and all reporting requirements related to toxic air pollutants. 400-074 Gasoline Transport Tanker Registration 11/15/09 04/10/17, [Insert Federal Register citation] Except: 400-074(2). 400-081 Startup and Shutdown 10/09/16 04/10/17, [Insert Federal Register citation] 400-091 Voluntary Limits on Emissions 10/09/16 04/10/17, [Insert Federal Register citation] 400-105 Records, Monitoring and Reporting 10/09/16 04/10/17, [Insert Federal Register citation] Except: Reporting requirements related to toxic air pollutants. 400-106 Emission Testing and Monitoring at Air Contaminant Sources 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-106(1)(d) through (g); and 400-106(2). 400-107 Excess Emissions 9/21/95 2/26/97, 62 FR 8624 400-109 Air Discharge Permit Applications 10/09/16 04/10/17, [Insert Federal Register citation] Except: The toxic air pollutant emissions thresholds contained in 400-109(3)(d); 400-109(3)(e)(ii); and 400-109(4). 400-110 Application Review Process for Stationary Sources (New Source Review) 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-110(1)(d). 400-111 Requirements for New Sources in a Maintenance Plan Area 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-111(7). 400-112 Requirements for New Sources in Nonattainment Areas 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-112(6). 400-113 Requirements for New Sources in Attainment or Nonclassifiable Areas 10/09/16 04/10/17, [Insert Federal Register citation] 400-114 Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source 11/09/03 04/10/17, [Insert Federal Register citation] 400-116 Maintenance of Equipment 11/09/03 04/10/17, [Insert Federal Register citation] 400-130 Use of Emission Reduction Credits 10/09/16 04/10/17, [Insert Federal Register citation] 400-131 Deposit of Emission Reduction Credits Into Bank 10/09/16 04/10/17, [Insert Federal Register citation] 400-136 Maintenance of Emission Reduction Credits in Bank 10/09/16 04/10/17, [Insert Federal Register citation] 400-151 Retrofit Requirements for Visibility Protection 11/09/03 04/10/17, [Insert Federal Register citation] 400-161 Compliance Schedules 03/18/01 04/10/17, [Insert Federal Register citation] 400-171 Public Involvement 10/09/16 04/10/17, [Insert Federal Register citation] Except: 400-171(2)(a)(xii). 400-190 Requirements for Nonattainment Areas 10/09/16 04/10/17, [Insert Federal Register citation] 400-200 Vertical Dispersion Requirement, Creditable Stack Height and Dispersion Techniques 10/09/16 04/10/17, [Insert Federal Register citation] 400-205 Adjustment for Atmospheric Conditions 03/18/01 04/10/17, [Insert Federal Register citation] 400-210 Emission Requirements of Prior Jurisdictions 03/18/01 04/10/17, [Insert Federal Register citation] 400-800 Major Stationary Source and Major Modification in a Nonattainment Area 10/09/16 04/10/17, [Insert Federal Register citation] 400-810 Major Stationary Source and Major Modification Definitions 10/09/16 04/10/17, [Insert Federal Register citation] 400-820 Determining If a New Stationary Source or Modification to a Stationary Source is Subject to These Requirements 10/09/16 04/10/17, [Insert Federal Register citation] 400-830 Permitting Requirements 10/09/16 04/10/17, [Insert Federal Register citation] 400-840 Emission Offset Requirements 10/09/16 04/10/17, [Insert Federal Register citation] 400-850 Actual Emissions—Plantwide Applicability Limitation (PAL) 10/09/16 04/10/17, [Insert Federal Register citation] 400-860 Public Involvement Procedures 10/09/16 04/10/17, [Insert Federal Register citation] Appendix A SWCAA Method 9 Visual Opacity Determination Method 10/09/16 04/10/17, [Insert Federal Register citation] Appendix B Description of Vancouver Ozone and Carbon Monoxide Maintenance Area Boundary 10/09/16 04/10/17, [Insert Federal Register citation] Emission Standards and Controls for Sources Emitting Volatile Organic Compounds 490-010 Policy and Purpose 11/21/96 5/19/97, 62 FR 27204 490-020 Definitions 11/21/96 5/19/97, 62 FR 27204 490-025 General Applicability 11/21/96 5/19/97, 62 FR 27204 490-030 Registration and Reporting 11/21/96 5/19/97, 62 FR 27204 490-040 Requirements 11/21/96 5/19/97, 62 FR 27204 490-080 Exceptions & Alternative Methods 11/21/96 5/19/97, 62 FR 27204 490-090 New Source Review 11/21/96 5/19/97, 62 FR 27204 490-200 Petroleum Refinery Equipment Leaks 11/21/96 5/19/97, 62 FR 27204 490-201 Petroleum Liquid Storage in External Floating Roof Tanks 11/21/96 5/19/97, 62 FR 27204 490-202 Leaks from Gasoline Transport Tanks and Vapor Collection Systems 11/21/96 5/19/97, 62 FR 27204 490-203 Perchloroethylene Dry Cleaning Systems 11/21/96 5/19/97, 62 FR 27204 490-204 Graphic Arts Systems 11/21/96 5/19/97, 62 FR 27204 490-205 Surface Coating of Miscellaneous Metal Parts and Products 11/21/96 5/19/97, 62 FR 27204 490-207 Surface Coating of Flatwood Paneling 11/21/96 5/19/97, 62 FR 27204 490-208 Aerospace Assembly & Component Coating Operations 11/21/96 5/19/97, 62 FR 27204 Emissions Standards and Controls for Sources Emitting Gasoline Vapors 491-010 Policy and Purpose 11/21/96 5/19/97, 62 FR 27204 491-015 Applicability 11/21/96 5/19/97, 62 FR 27204 491-020 Definitions 11/21/96 5/19/97, 62 FR 27204 491-030 Registration 11/21/96 5/19/97, 62 FR 27204 491-040 Gasoline Vapor Control Requirements 11/21/96 5/19/97, 62 FR 27204 491-050 Failures, Certification, Testing & Recordkeeping 11/21/96 5/19/97, 62 FR 27204 491-060 Severability 11/21/96 5/19/97, 62 FR 27204 Oxygenated Fuels 492-010 Policy and Purpose 11/21/96 4/30/97, 62 FR 23363 492-020 Applicability 11/21/96 4/30/97, 62 FR 23363 492-030 Definitions 11/21/96 4/30/97, 62 FR 23363 492-040 Compliance Requirements 11/21/96 4/30/97, 62 FR 23363 492-050 Registration Requirements 11/21/96 4/30/97, 62 FR 23363 492-060 Labeling Requirements 11/21/96 4/30/97, 62 FR 23363 492-070 Control Area and Control Period 11/21/96 4/30/97, 62 FR 23363 492-080 Enforcement and Compliance 11/21/96 4/30/97, 62 FR 23363 492-090 Unplanned Conditions 11/21/96 4/30/97, 62 FR 23363 492-100 Severability 11/21/96 4/30/97, 62 FR 23363 VOC Area Source Rules 493-100 Consumer Products (Reserved) 05/26/96 5/19/97, 62 FR 27204 493-200-010 Applicability 05/26/96 5/19/97, 62 FR 27204 493-200-020 Definitions 05/26/96 5/19/97, 62 FR 27204 493-200-030 Spray Paint Standards & Exemptions 05/26/96 5/19/97, 62 FR 27204 493-200-040 Requirements for Manufacture, Sale and Use of Spray Paint 05/26/96 5/19/97, 62 FR 27204 493-200-050 Recordkeeping & Reporting Requirements 05/26/96 5/19/97, 62 FR 27204 493-200-060 Inspection and Testing Requirements 05/26/96 5/19/97, 62 FR 27204 493-300-010 Applicability 5/26/96 5/19/97, 62 FR 27204 493-300-020 Definitions 5/26/96 5/19/97, 62 FR 27204 493-300-030 Standards 5/26/96 5/19/97, 62 FR 27204 493-300-040 Requirements for Manufacture, Sale and Use of Architectural Coatings 5/26/96 5/19/97, 62 FR 27204 493-300-050 Recordkeeping & Reporting Requirements 5/26/96 5/19/97, 62 FR 27204 493-300-060 Inspection and Testing Requirements 5/26/96 5/19/97, 62 FR 27204 493-400-010 Applicability 05/26/96 5/19/97, 62 FR 27204 493-400-020 Definitions 05/26/96 5/19/97, 62 FR 27204 493-400-030 Coating Standards & Exemptions 05/26/96 5/19/97, 62 FR 27204 493-400-040 Requirements for Manufacture & Sale of Coating 05/26/96 5/19/97, 62 FR 27204 493-400-050 Requirements for Motor Vehicle Refinishing in Vancouver AQMA 05/26/96 5/19/97, 62 FR 27204 493-400-060 Recordkeeping and Reporting Requirements 05/26/96 5/19/97, 62 FR 27204 493-400-070 Inspection & Testing Requirements 05/26/96 5/19/97, 62 FR 27204 493-500-010 Applicability 05/26/96 05/19/97, 62 FR 27204 493-500-020 Compliance Extensions 05/26/96 05/19/97, 62 FR 27204 493-500-030 Exemption from Disclosure to the Public 05/26/96 05/19/97, 62 FR 27204 493-500-040 Future Review 05/26/96 05/19/97, 62 FR 27204 Washington Department of Ecology Regulations Washington Administrative Code, Chapter 173-400—General Regulations for Air Pollution Sources 173-400-117 Special Protection Requirements for Federal Class I Areas 12/29/12 04/10/17, [Insert Federal Register citation] For permits issued under the applicability provisions of WAC 173-400-800. 173-400-118 Designation of Class I, II, and III Areas 12/29/12 04/10/17, [Insert Federal Register citation] 173-400-560 General Order of Approval 12/29/12 04/10/17, [Insert Federal Register citation] Except:—The part of 173-400-560(1)(f) that says, “173-460 WAC”.

    (e) * * *

    Table 1—Approved but not Incorporated by Reference Regulations State/local citation Title/subject State/local effective date EPA approval date Explanations Washington Department of Ecology Regulations 173-400-220 Requirements for Board Members 3/22/91 6/2/95, 60 FR 28726 173-400-230 Regulatory Actions 3/20/93 6/2/95, 60 FR 28726 173-400-240 Criminal Penalties 3/22/91 6/2/95, 60 FR 28726 173-400-250 Appeals 9/20/93 6/2/95, 60 FR 28726 173-400-260 Conflict of Interest 07/01/16 10/6/16, 81 FR 69385 173-433-200 Regulatory Actions and Penalties 10/18/90 1/15/93, 58 FR 4578 Benton Clean Air Agency Regulations 2.01 Powers and Duties of the Benton Clean Air Agency (BCAA) 12/11/14 11/17/15, 80 FR 71695 2.02 Requirements for Board of Directors Members 12/11/14 11/17/15, 80 FR 71695 Replaces WAC 173-400-220. 2.03 Powers and Duties of the Board of Directors 12/11/14 11/17/15, 80 FR 71695 2.04 Powers and Duties of the Control Officer 12/11/14 11/17/15, 80 FR 71695 2.05 Severability 12/11/14 11/17/15, 80 FR 71695 2.06 Confidentiality of Records and Information 12/11/14 11/17/15, 80 FR 71695 Olympic Region Clean Air Agency Regulations 8.1.6 Penalties 5/22/10 10/3/13, 78 FR 61188 Southwest Clean Air Agency Regulations 400-220 Requirements for Board Members 3/18/01 04/10/17, [Insert Federal Register citation] 400-230 Regulatory Actions and Civil Penalties 10/9/16 04/10/17, [Insert Federal Register citation] 400-240 Criminal Penalties 3/18/01 04/10/17, [Insert Federal Register citation] 400-250 Appeals 11/9/03 04/10/17, [Insert Federal Register citation] 400-260 Conflict of Interest 3/18/01 04/10/17, [Insert Federal Register citation] 400-270 Confidentiality of Records and Information 11/9/03 04/10/17, [Insert Federal Register citation] 400-280 Powers of Agency 3/18/01 04/10/17, [Insert Federal Register citation] Spokane Regional Clean Air Agency Regulations 8.11 Regulatory Actions and Penalties 09/02/14 09/28/15, 80 FR 58216
    3. Amend § 52.2498 by revising paragraph (a)(2) to read as follows:
    § 52.2498 Visibility protection.

    (a) * * *

    (2) Sources subject to the jurisdiction of local air authorities (except Benton Clean Air Agency and Southwest Clean Air Agency);

    [FR Doc. 2017-07022 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2013-0772; FRL-9960-94-Region 4] Air Plan Approval; North Carolina; Motor Vehicle Emissions Control Program; Correcting Amendment AGENCY:

    Environmental Protection Agency.

    ACTION:

    Direct final rule.

    SUMMARY:

    This direct final action, taken under the authority of the Clean Air Act (CAA or Act), corrects an error in previously promulgated rules approving certain elements of the North Carolina state implementation plan (SIP). The error relates to the North Carolina SIP's Motor Vehicle Emissions Control Standard rules and the correction removes a provision of the State's otherwise federally-enforceable regulations that could result in infringement upon the sovereign immunity of Federal facilities. The intended effect is to ensure that the North Carolina SIP is correctly identified in the applicable part of the Code of Federal Regulations and to eliminate the possibility of such infringement.

    DATES:

    This direct final rule is effective June 9, 2017 without further notice, unless EPA receives adverse comment by May 10, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2013-0772 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mrs. Sheckler can be reached via phone at (404) 562-9992 or electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    Section 182(b)(4) of the CAA requires areas that are designated as moderate, serious, or severe ozone nonattainment to establish a motor vehicle inspection and maintenance (I/M) program to ensure that specified gasoline-fueled motor vehicles do not exceed prescribed emissions thresholds by requiring that vehicles undergo periodic emissions testing, including mandatory repairs for vehicles found to exceed these thresholds. This emissions testing ensures that vehicles are well maintained and operating as designed.

    The North Carolina I/M program began in 1982 in Mecklenburg County utilizing a “tail-pipe” emissions test. From 1986 through 1991 the program expanded to include eight additional counties (Wake, Forsyth, Guilford, Durham, Gaston, Cabarrus, Orange and Union County). In 1999, the North Carolina General Assembly passed legislation to expand the coverage area for the I/M program in order to gain additional emission reductions to achieve the 1997 8-hour ozone national ambient air quality standards in the State. This legislation expanded the I/M program from nine counties to 48 counties by adding several counties approximately every six months from July 1, 2003, to July 1, 2006. The I/M program in the expanded coverage area used on-board diagnostic (OBD) rather than tail-pipe testing. On August 7, 2002, North Carolina submitted a SIP revision to amend the I/M regulations included in the SIP at that time to, among other things, expand the counties subject to the I/M program as discussed above, require OBD in the subject counties for all model year (MY) 1996 and newer light duty gasoline vehicles, and terminate the tail-pipe testing program on January 1, 2006, for the nine counties subject to continued tail-pipe testing of MY 1995 and older vehicles.

    EPA approved these changes to North Carolina's I/M program into the SIP on October 30, 2002. See 67 FR 66056. North Carolina submitted additional SIP revisions related to the State's I/M program on January 31, 2008, May 24, 2010, October 11, 2013, and February 11, 2014. EPA approved North Carolina's January 31, 2008, May 24, 2010, October 11, 2013, and February 11, 2014, SIP revisions pertaining to state rule changes to the State's I/M program on February 5, 2015. See 80 FR 6455.

    II. Error Correction

    The CAA sets forth requirements for Federal facilities which are located in I/M program areas. These requirements in section 118(c) and (d) apply to both Federal fleet and Federal employee vehicles. Congress intended in that section that Federal facilities located in I/M program areas demonstrate compliance with certain local and State I/M requirements. When EPA published the I/M rule in 1992, see 57 FR 52950, the Agency interpreted CAA section 118(c) and (d) as a partial waiver of the Federal government's sovereign immunity, thereby allowing States to regulate Federal facilities in their I/M programs.1 Accordingly, EPA established certain SIP requirements for Federal facilities in the I/M rule. Since that time, the Department of Justice (DOJ) has found that sections 118(c) and (d) do not waive sovereign immunity for the Federal government and thus states are without authority to enforce the section 118(c) and (d) requirements for Federal facilities.2 Further, DOJ found that the express waiver of sovereign immunity in section 118(a) extends only to nondiscriminatory requirements (i.e., each agency and employee of the Federal government “shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of air pollution in the same manner, and to the same extent as any nongovernmental entity.”). As explained below, section 118(a)'s immunity waiver does not extend to State I/M requirements that, like the North Carolina provision at issue here, are imposed upon Federal entities in a different manner or to a different extent than nongovernmental entities.

    1See letter from Gay MacGregor, Director, Regional and State Programs Division, EPA Office of Air and Radiation, to Mary Jo Leugers, Virginia Office of the Attorney General (August 28, 1998) (MacGregor Letter).

    2See letter from Lois J. Schiffer, Assistant Attorney General, Department of Justice Environment and Natural Resources Division, to Scott Fulton, Acting General Counsel, EPA (July 29, 1998) (Schiffer Letter).

    North Carolina's regulation 15A NCAC 02D.1002(a)(3) identifies vehicles that are operated on a Federal installation and that meet the requirements of 40 CFR 51.356(a)(4) as subject to the State motor vehicle emission standard. This North Carolina regulation thus subjects certain vehicles operated on Federal installations to State I/M requirements that do not apply in the same manner and to the same extent to nongovernmental entities, and it is inconsistent with the waiver of immunity in section 118(a). As noted in the MacGregor Letter addressing the issue, removing Federal facility I/M requirements from SIPs will in no way impact the emissions reductions credits the States earn for their I/M programs; pursuant to section 118(a), Federal agencies are required to comply with air pollution control programs to the same extent as nongovernmental entities and thus will continue to be subject to programs of general applicability. EPA is therefore removing from the federally-approved North Carolina SIP regulation 15A NCAC 02D.1002(a)(3) because that regulation does not apply to vehicles operated on Federal installations in the same manner and to the same extent as vehicles owned or operated by nongovernmental entities.

    III. Final Action

    Pursuant to CAA section 110(k)(6), EPA rescinds its previous approval of NCAC 02D.1002(a)(3), a provision that sets forth additional requirements under the vehicle I/M program for motor vehicles operated on Federal installations that do not apply to nongovernmental entities and thus is inconsistent with CAA section 118(a). This action will not result in increases in emissions that would interfere with attainment or maintenance of any NAAQS or with any other applicable requirement of the CAA.

    IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely corrects North Carolina's EPA-approved SIP by removing the State's regulation 15A NCAC 02D.1002 (a)(3), which listed Federal facilities as applicable to the state motor vehicle emission standard and 40 CFR 51.356(a)(4), by removing it from the federally-approved portion of the North Carolina SIP to be consistent with CAA 118. It imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Furthermore, this action does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

    This rule also does not have tribal implications because it will 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, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This rule also does not have Federalism implications because it does 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule merely removes North Carolina regulation 15A NCAC 02D.1002 (a)(3) from the federally approved portion of the North Carolina SIP to be consistent with CAA 118; it also does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In addition, this rule does not involve technical standards, thus the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule also does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 9, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See CAA section 307(b)(2).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Incorporation by Reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 15, 2017. V. Anne Heard, Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

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

    42.U.S.C. 7401 et seq.

    Subpart II—North Carolina 2. Section 52.1770(c) is amended by revising the entry for “Sect .1002” to read as follows:
    § 52.1770 Identification of plan.

    (c) * * *

    Table 1—EPA Approved North Carolina Regulations State citation Title/subject State effective date EPA approval date Explanation Subchapter 2D Air Pollution Control Requirements *         *         *         *         *         *         * Section .1000 Motor Vehicle Emissions Control Standards *         *         *         *         *         *         * Sect .1002 Applicability 1/1/2014 4/10/2017 [Insert Federal Register citation] Paragraph (a)(3) of Section .1002 is hereby rescinded as this paragraph is inconsistent with the limits on the waiver of sovereign immunity established in section 118(a) of the CAA. *         *         *         *         *         *         *
    [FR Doc. 2017-07035 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2017-0005; FRL-9959-90] Acetamiprid; Pesticide Tolerances for Emergency Exemption AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    This regulation establishes time-limited tolerances for residues of acetamiprid in or on sugarcane, cane and sugarcane, molasses. This action is associated with the issuance of a crisis exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on sugarcane. This regulation establishes maximum permissible levels for residues of acetamiprid in or on sugarcane, cane and sugarcane, molasses. The time-limited tolerances expire on December 31, 2019.

    DATES:

    This regulation is effective April 10, 2017. Objections and requests for hearings must be received on or before June 9, 2017, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2017-0005, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Michael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

    C. How can I file an objection or hearing request?

    Under section 408(g) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2017-0005 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before June 9, 2017. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

    In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2017-0005, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/where-send-comments-epa-dockets.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with FFDCA sections 408(e) and 408(l)(6) of, 21 U.S.C. 346a(e) and 346a(l)(6), is establishing time-limited tolerances for residues of acetamiprid, (1E)-N-[(6-chloro-3-pyridinyl)methyl]-N'-cyano-N-methylethanimidamide, in or on sugarcane, cane at 45 parts per million (ppm) and sugarcane, molasses at 600 ppm. These time-limited tolerances expire on December 31, 2019.

    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption issued under FIFRA section 18. Such tolerances can be established without providing notice or period for public comment. EPA does not intend for its actions on FIFRA section 18 related time-limited tolerances to set binding precedents for the application of FFDCA section 408 and the safety standard to other tolerances and exemptions. Section 408(e) of FFDCA allows EPA to establish a tolerance or an exemption from the requirement of a tolerance on its own initiative, i.e., without having received any petition from an outside party.

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .”

    Section 18 of FIFRA authorizes EPA to exempt any Federal or State agency from any provision of FIFRA, if EPA determines that “emergency conditions exist which require such exemption.” EPA has established regulations governing such emergency exemptions in 40 CFR part 166.

    III. Emergency Exemption for Acetamiprid on Sugarcane and FFDCA Tolerances

    With EPA's concurrence, the Louisiana Department of Agriculture and Forestry (LDAF) declared a crisis on June 17, 2016 necessitating the use of acetamiprid to control the West Indian canefly on sugarcane. At that time, LDAF stated that substantial yield losses had likely already occurred in sugarcane, and the West Indian canefly populations were moving into other crops nearby, posing significant risk to these crops as well.

    The state agency asserted that an emergency condition exists in accordance with the criteria for approval of an emergency exemption, and issued a crisis exemption under FIFRA section 18 to allow the use of acetamiprid on sugarcane for control of West Indian canefly in Louisiana. After having reviewed the submission, EPA concurred that an emergency condition exists.

    As part of its evaluation of the emergency exemption application, EPA assessed the potential risks presented by residues of acetamiprid in or on sugarcane cane and sugarcane molasses. In doing so, EPA considered the safety standard in FFDCA section 408(b)(2), and EPA decided that the necessary tolerance under FFDCA section 408(l)(6) would be consistent with the safety standard and with FIFRA section 18. Consistent with the need to move quickly on the emergency exemption in order to address an urgent non-routine situation and to ensure that the resulting food is safe and lawful, EPA is issuing these tolerances without notice and opportunity for public comment as provided in FFDCA section 408(l)(6). Although these time-limited tolerances expire on December 31, 2019, under FFDCA section 408(l)(5), residues of the pesticide not in excess of the amounts specified in the tolerances remaining in or on sugarcane cane and sugarcane molasses after that date will not be unlawful, provided the pesticide was applied in a manner that was lawful under FIFRA, and the residues do not exceed a level that was authorized by these time-limited tolerances at the time of that application. EPA will take action to revoke these time-limited tolerances earlier if any experience with, scientific data on, or other relevant information on this pesticide indicate that the residues are not safe.

    Because these time-limited tolerances are being approved under emergency conditions, EPA has not made any decisions about whether acetamiprid meets FIFRA' s registration requirements for use on sugarcane, or whether permanent tolerances for this use would be appropriate. Under these circumstances, EPA does not believe that this time-limited tolerance decision serves as a basis for registration of acetamiprid by a State for special local needs under FIFRA section 24(c). Nor do these tolerances by themselves serve as the authority for persons in any State other than Louisiana to use this pesticide on the applicable crops under FIFRA section 18 absent the issuance of an emergency exemption applicable within that State. For additional information regarding the emergency exemption for acetamiprid, contact the Agency's Registration Division at the address provided under FOR FURTHER INFORMATION CONTACT.

    IV. Aggregate Risk Assessment and Determination of Safety

    Consistent with the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure expected as a result of this emergency exemption request and the time-limited tolerances for residues of acetamiprid on sugarcane, cane at 45 ppm and sugarcane, molasses at 600 ppm. EPA's assessment of exposures and risks associated with establishing time-limited tolerances follows.

    A. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA identifies toxicological points of departure (POD) and levels of concern to use in evaluating the risk posed by human exposure to the pesticide. For hazards that have a threshold below which there is no appreciable risk, the toxicological POD is used as the basis for derivation of reference values for risk assessment. PODs are developed based on a careful analysis of the doses in each toxicological study to determine the dose at which no adverse effects are observed (the NOAEL) and the lowest dose at which adverse effects of concern are identified (the LOAEL). Uncertainty/safety factors are used in conjunction with the POD to calculate a safe exposure level—generally referred to as a population-adjusted dose (PAD) or a reference dose (RfD)—and a safe margin of exposure (MOE). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks.

    The complete human health risk assessment for this action may be found at http://www.regulations.gov in the document “Acetamiprid. Aggregate Human Health Risk Assessment for the Proposed FIFRA Section 18 Specific Exemption Use of the Insecticide on Sugarcane in Louisiana” in the docket for ID number EPA-HQ-OPP-2017-0005. Additionally, a summary of the toxicological endpoints for acetamiprid used for human risk assessment is discussed in Unit III. of the final rule published in the Federal Register of November 6, 2015 (80 FR 68772) (FRL-9936-12).

    B. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary exposure to acetamiprid, EPA considered exposure under the time-limited tolerances established by this action as well as all existing acetamiprid tolerances in 40 CFR 180.578. EPA assessed dietary exposures from acetamiprid in food as follows:

    i. Acute exposure. Acute effects were identified for acetamiprid. In estimating acute dietary exposure, EPA used food consumption information from the United States Department of Agriculture (USDA) 2003-2008 National Health and Nutrition Examination Survey; What We Eat in America (NHANES/WWEIA). As to residue levels in food, EPA assumed one hundred percent crop treated (PCT), and established and proposed tolerance level residues except as follows for sugarcane molasses. No residue data were available for sugarcane molasses, and residue data from sweet corn stover were used as a surrogate. The Agency determined it appropriate to translate corn stover data to sugarcane, and the use patterns and maximum application rates for sweet corn and sugarcane are similar. The residue level of 240 ppm acetamiprid in sugarcane molasses and sugarcane molasses baby food was used for dietary risk assessment, which is less than the recommended tolerance of 600 parts per million (ppm). The 240 ppm level is based on the highest average field trial acetamiprid residue level of 20 ppm in sweet corn stover, multiplied by the average molasses processing factor of 12X. The average processing factor was derived from molasses processing data for 9 other pesticides, and results in a residue estimate that is more representative of potential levels which could occur in these commodities.

    ii. Chronic exposure. In conducting the chronic dietary exposure assessment EPA again used the food consumption data from the USDA's 2003-2008 NHANES/WWEIA. Residue levels in food were included as explained in Unit IV.B.1.i. of this document at tolerance-level residues for established and proposed tolerances and 240 ppm for sugarcane molasses and sugarcane molasses baby food. Additionally, 100 PCT was assumed.

    iii. Cancer. Based on the data referenced in Unit IV.A., EPA has concluded that acetamiprid does not pose a cancer risk to humans. Therefore, a dietary exposure assessment for the purpose of assessing cancer risk is unnecessary.

    iv. Anticipated residue and percent crop treated (PCT) information. EPA did not use anticipated residue and/or PCT information in the dietary assessment for acetamiprid. As detailed in the previous section, residues were estimated for sugarcane molasses and sugarcane molasses baby food based upon data for sweet corn and incorporating an appropriate processing factor derived from processing data for 9 other pesticides in sugarcane. Tolerance level residues were used for the remainder of the commodities and 100 PCT were assumed for all food commodities.

    2. Dietary exposure from drinking water. The Agency used screening level water exposure models in the dietary exposure analysis and risk assessment for acetamiprid in drinking water. These simulation models take into account data on the physical, chemical, and fate/transport characteristics of acetamiprid. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.

    EPA used the Food Quality Protection Act Index Reservoir Screening Tool and the Provisional Cranberry Model to generate to generate surface water Estimated Drinking Water Concentrations (EDWCs) for use in the human health dietary risk assessment, while the Pesticide Root Zone Model for Groundwater was used to generate groundwater EDWCs. The EDWCs of acetamiprid for acute exposures were estimated at 88.3 parts per billion (ppb) for surface water and 49.7 ppb for ground water. For chronic exposures (non-cancer assessment) the EDWCs were estimated at 32.2 ppb for surface water and 45.0 ppb for ground water. To assess dietary exposure contribution from drinking water, the higher acute EDWC of 88.3 ppb was used for acute assessment and for chronic exposures, the higher EDWC of 45 ppb was used. These modeled EDWCs were directly entered into the dietary exposure model.

    3. From non-dietary exposure. The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets).

    Residential exposures to acetamiprid could result from the currently registered uses of spot-on dog treatments, application to mattresses, and as crack and crevice treatments. For the dog spot-on products, EPA determined that short- and intermediate-term residential exposures may occur for residential (non-professional) applicators through dermal and inhalation routes; and short- intermediate- and long-term exposures may occur post-application for adults and children through dermal exposures, and also through incidental oral ingestion for children 1-2 years old. For the mattress, crack, and crevice treatments, short- and intermediate-term residential handler exposure may occur through dermal and inhalation routes; and short- and intermediate-term exposures may occur post application for adults and children through dermal and inhalation routes, and also through incidental oral ingestion for children 1-2 years old. Further information regarding EPA standard assumptions and generic inputs for residential exposures may be found at: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.

    4. Cumulative effects from substances with a common mechanism of toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”

    EPA has not found acetamiprid to share a common mechanism of toxicity with any other substances, and acetamiprid does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that acetamiprid does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's Web site at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

    C. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA Safety Factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional SF when reliable data available to EPA support the choice of a different factor.

    2. Prenatal and postnatal sensitivity. The pre- and post-natal toxicity databases for acetamiprid include developmental toxicity studies in the rat and rabbit, developmental neurotoxicity (DNT) study in rats and a 2-generation reproduction toxicity study in rats. There was no evidence of increased quantitative or qualitative susceptibility of rat or rabbit fetuses following in utero exposure to acetamiprid in the developmental toxicity studies. In the DNT and 2-generation reproduction studies there was no evidence of quantitative increased susceptibility observed However, there was evidence of increased qualitative susceptibility of rat pups seen in the studies. In the DNT study in rats, although both maternal and offspring effects were seen at the same dose level, offspring animals were more severely affected. Decreased pre-weaning survival, and decreased maximum auditory startle response were observed in the presence of limited maternal toxicity (body weight effects). In the 2-generation reproduction study, effects observed were a decrease in mean body weight, body weight gain, and food consumption in the parental animals, and significant reductions in body weights in pups (both generations). Also, reduction in litter size and viability and weaning indices were seen among the second generation of offspring, as well as significant delays in the age to attain vaginal opening and preputial separation. These offspring adverse effects were more severe than the parental effects.

    3. Conclusion. EPA has determined that reliable data show that the safety of infants and children would be adequately protected if the FQPA SF were reduced to 1X. That decision is based on the following findings:

    i. The toxicity database for acetamiprid is complete.

    ii. Although there was evidence of increased qualitative susceptibility of the young in the DNT and 2-generation reproduction studies in rats, there are clear NOAELs identified for the effects observed in the toxicity studies. Also, there was no evidence of increased quantitative or qualitative susceptibility of rat or rabbit fetuses in the developmental toxicity studies.

    iii. Acetamiprid produced signs of neurotoxicity in the high dose groups in the acute and developmental neurotoxicity studies in rats and the subchronic toxicity study in mice. However, no neurotoxic findings were reported in the subchronic neurotoxicity study in rats. Additionally, there are clear NOAELs identified for the effects observed in the toxicity studies. The doses and endpoints selected for risk assessment are protective and account for all toxicological effects observed in the database, including neurotoxicity.

    iv. There are no residual uncertainties identified in the exposure databases. EPA made conservative (protective) assumptions in exposure assessments (food, drinking water and residential) assessment, including the use of 100 PCT assumptions, tolerance-level residue values, and upper-bound estimates of potential exposure through drinking water. In addition, the residential exposure assessment was conducted such that residential exposure and risk will not be underestimated. The aggregate exposure and risk estimates considered are expected to over-estimate the actual exposure and risk anticipated, based on the current and proposed use patterns; no risk estimates of concern were identified. These assessments will not underestimate the exposure and risks posed by acetamiprid.

    D. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the estimated aggregate exposure. Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate PODs to ensure that an adequate MOE exists.

    1. Acute risk. Using the exposure assumptions discussed in this unit for acute exposure, the acute dietary exposure from food and water to acetamiprid will occupy 69% of the aPAD for children 1 to 2 years old, the population group receiving the greatest exposure. Typically, EPA does not consider residential exposures when assessing acute aggregate risk unless such exposures can be characterized as a series of single-day exposures. For acetamiprid, residential exposures are assessed as short- and intermediate-term exposures. Therefore, acute aggregate risk estimates for acetamiprid are equivalent to the acute dietary risk estimates which are not of concern.

    2. Chronic risk. Using the exposure assumptions described in unit IV. for chronic exposure, EPA has concluded that chronic exposure to acetamiprid from food and water will utilize 62% of the cPAD for children 1 to 2 years old, the population group receiving the greatest exposure. Dietary exposure from food and water, considered to be a background exposure level, is included in aggregate exposures for all population groups. Based on the explanation in Unit IV.B.3., adult aggregate chronic exposures also include long-term post-application dermal exposure from contact with dogs following spot-on treatment. For children 1 to 2 years old, aggregate chronic exposures also include long-term post-application dermal and incidental oral exposures from contact with spot-on treated dogs. The chronic dietary exposure and post-application pet spot-on residential exposure were aggregated and compared to the long-term POD. Adult and children long-term aggregate MOEs were 390 and 100, respectively, and are above the level of concern of an MOE <100, indicating that risk estimates are not of concern. The chronic dietary exposure estimates are highly conservative, assuming tolerance-level residues for registered uses and 100 PCT for all commodities. Therefore, EPA also considers the aggregate MOEs to be conservative estimates.

    3. Short- and Intermediate-term risk. Acetamiprid is currently registered for uses that could result in short/intermediate-term residential exposure. Short- (1 to 30 days) and intermediate-term (1-6 months) aggregate exposures take into account short- and intermediate-term residential exposures plus chronic exposure to food and water (considered to be a background exposure level). Toxicological endpoints and points of departure for assessing short- and intermediate-term risks (including oral, dermal, and inhalation routes of exposure) are identical for acetamiprid. Therefore, separate assessments were not conducted and one risk assessment addresses both of these durations. Using the exposure assumptions described in unit IV.B.3. for short/intermediate-term exposures, EPA has concluded the combined short/intermediate-term food, water, and residential exposures result in aggregate MOEs of 290 for adults and 110 for children. Because EPA's level of concern for acetamiprid is an MOE of <100, these MOEs do not indicate risks of concern.

    4. Aggregate cancer risk for U.S. population. Based on the lack of evidence of carcinogenicity in two adequate rodent carcinogenicity studies, acetamiprid is classified as “not likely to be carcinogenic to humans” and is therefore not expected to pose a cancer risk to humans.

    5. Determination of safety. Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children, from aggregate exposure to acetamiprid residues.

    V. Other Considerations A. Analytical Enforcement Methodology

    Adequate enforcement methodologies are available to enforce the tolerance expression, including gas chromatography with electron capture detection (GC/ECD) for vegetables and non-citrus fruits, high performance liquid chromatography with ultraviolet detection (HPLC/UV) for citrus fruits only, and HPLC with tandem mass spectrometric detection (LC/MS/MS) for vegetables and non-citrus fruits.

    The methods may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address: [email protected]

    B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established an MRL for acetamiprid on sugarcane.

    VI. Conclusion

    Therefore, time-limited tolerances are established for residues of acetamiprid, (1E)-N-[(6-chloro-3-pyridinyl)methyl]-N′-cyano-N-methylethanimidamide, in or on sugarcane, cane at 45 ppm and sugarcane, molasses at 600 ppm. These tolerances expire on December 31, 2019.

    VII. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA sections 408(e) and 408(l)(6). The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    Since tolerances and exemptions that are established in accordance with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply.

    This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).

    This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

    VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: March 16, 2017. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

    PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority:

    21 U.S.C. 321(q), 346a and 371.

    2. In § 180.578, revise paragraph (b) to read as follows:
    §  180.578 Acetamiprid; tolerances for residues.

    (b) Section 18 emergency exemptions. Time-limited tolerances specified in the following table are established for residues of the acetamiprid, (1E)-N-[(6-chloro-3-pyridinyl)methyl]-N'-cyano-N-methylethanimidamide, in or on the specified agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels specified below is to be determined by measuring only acetamiprid. The tolerances expire on the date specified in the table.

    Commodity Parts per million Expiration date Sugarcane, cane 45 12/31/2019 Sugarcane, molasses 600 12/31/2019
    [FR Doc. 2017-07131 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-2003-0010; FRL-9960-74-Region 7] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Omaha Lead Superfund Site AGENCY:

    Environmental Protection Agency.

    ACTION:

    Final rule.

    SUMMARY:

    The U. S. Environmental Protection Agency (EPA) Region 7 announces the deletion of 294 residential parcels of the Omaha Lead, Superfund Site (Site) located in Omaha, Nebraska, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This partial deletion pertains to 294 residential parcels. The remaining parcels of the Site will remain on the NPL and are not being considered for deletion as part of this action. The EPA and the State of Nebraska, through the Nebraska Department of Environmental Quality, determined that all appropriate Response actions under CERCLA were completed at the identified parcels. However, this deletion does not preclude future actions under Superfund.

    DATES:

    This action is effective April 10, 2017.

    ADDRESSES:

    EPA has established a docket for this action under Docket Identification No. EPA-HQ-SFUND-2003-0010. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the site information repositories. Locations, contacts, phone numbers and viewing hours of the Site information repositories are:

    • EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219, open from 8 a.m. to 4 p.m. Monday-Friday.

    • W. Dale Clark Library, located at 215 S. 15th Street, Omaha, NE 68102, open 10 a.m. to 8 p.m. Monday-Thursday; 10 a.m. to 6 p.m. Friday and Saturday; and 1 p.m. to 6 p.m. Sunday.

    FOR FURTHER INFORMATION CONTACT:

    Don Bahnke, Remedial Project Manager, U.S. Environmental Protection Agency, Region 7, SUPR/LMSE, 11201 Renner Boulevard, Lenexa, KS 66219, telephone (913) 551-7747, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The portion of the site to be deleted from the NPL are 294 residential parcels of the Omaha Lead Superfund site, Omaha, Nebraska. A Notice of Intent of Partial Deletion for this Site was published in the Federal Register (81 FR 65315) on September 22, 2016.

    The closing date for comments on the Notice of Intent for Partial Deletion was October 24, 2016. Two public comments were received. One comment was supportive of this action, and the other appears to be a misunderstanding of the current status of the Site. Neither comment is a significant adverse comment and the docket already contains information concerning the current status of the site. The EPA took steps to minimize lead contaminated particulates being released during the remediation of the yards. The site has already undergone remediation and the source of the contamination has been addressed. And with no adverse comments, the EPA still believes that the partial deletion action is appropriate.

    EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Deletion of a site from the NPL does not preclude further remedial action. Whenever there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. Deletion of portions of a site from the NPL does not affect responsible party liability, in the unlikely event that future conditions warrant further actions.

    List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.

    Authority:

    33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR 1987 Comp., p. 193.

    Dated: March 20, 2017. Edward H. Chu, Acting Regional Administrator, Region 7.
    [FR Doc. 2017-07123 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 192 [Docket No. PHMSA-2016-0067] Pipeline Safety: Guidance on Training and Qualifications for the Integrity Management Program AGENCY:

    Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.

    ACTION:

    Issuance of advisory bulletin.

    SUMMARY:

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) published the gas transmission pipeline integrity management (IM) rule in the Federal Register on December 15, 2003. This rule, in part, established requirements for supervisory and other personnel with IM program functions. PHMSA has recognized inconsistencies in how the requirements have been implemented by operators and is issuing this Advisory Bulletin to remind operators of their responsibility to include qualification requirements for IM personnel, as required by PHMSA regulations and discussed in the American Society of Mechanical Engineers (ASME) ASME B31.8S-2004.

    DATES:

    April 10, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Nancy White by phone at 202-366-1419 or email [email protected] All materials in this docket are electronically accessible at http://www.regulations.gov. Information about PHMSA is available at http://www.phmsa.dot.gov.

    SUPPLEMENTARY INFORMATION:

    I. Background

    PHMSA has long recognized and communicated the critical importance of training and qualifications for operator personnel who perform tasks related to pipeline safety. For example, in 1999 PHMSA adopted general qualification requirements for all individuals performing covered tasks under § 192.805. PHMSA established specific qualification requirements for supervisory and other personnel with IM-assigned tasks under § 192.915 as part of the gas transmission pipeline IM rule (December 15, 2003, 68 FR 69777). Specifically, PHMSA requires IM programs to assure certain persons have appropriate training or experience to be considered qualified for their areas of responsibility. These requirements apply to operator and contractor personnel (contractors, suppliers, vendors, etc.) who perform certain IM-related tasks.

    For supervisory personnel, § 192.915 requires that the IM program must ensure that:

    • Each supervisor whose responsibilities relate to the IM program possess and maintain a thorough knowledge of the IM program and the elements for which the supervisor is responsible; and

    • Any person who qualifies as a supervisor for the IM program has appropriate training or experience in the area for which that person is responsible.

    For personnel performing IM-assigned tasks, the rule requires an operator's IM program to provide criteria for their training and qualifications. The elements of IM covered under § 192.915 apply to individuals who:

    • Conduct assessments;

    • Review and analyze results from integrity assessments; or

    • Make decisions on actions to be taken based on these assessments.

    The program must also include criteria for the qualification of individuals who:

    • Implement preventive measures and mitigative measures to carry out the requirements of the rule, including the marking and locating of buried structures; or

    • Directly supervise excavation work carried out in conjunction with an integrity assessment.

    II. Advisory Bulletin (ADB-2017-02)

    To: Owners and Operators of Natural Gas Transmission Pipelines

    Subject: Guidance on Training and Qualifications for the Integrity Management Program

    Advisory: PHMSA is issuing this Advisory Bulletin to remind operators of natural gas transmission pipelines of PHMSA's expectations regarding how mature IM programs should implement the training and qualification requirements included in § 192.915 and discussed in ASME B31.8S-2004. PHMSA's expectations for operator implementation of each subsection in § 192.915 are outlined as follows:

    Section 192.915—“What knowledge and training must personnel have to carry out an integrity management program?”

    • This rule requires operator personnel involved in the IM program to be qualified for their assigned responsibilities, including the following:

    ○ Personnel qualification requirements must be identified for anyone involved in the IM program. This applies to both operator and contractor personnel (contractors, suppliers, vendors, etc.);

    ○ Qualification criteria must include minimum requirements for experience or training in order to verify individuals have the knowledge and skills necessary to perform IM-related tasks; and

    ○ The operator must determine whether qualifications are current.

    • The rule requires operators to verify that the personnel who execute activities within the IM program are qualified in accordance with the quality assurance process required by § 192.911(l).

    • Documentation of qualification must be maintained in accordance with the operator's IM program.

    Section 192.915(a)—“Supervisory Personnel”

    The regulation covers qualification and training requirements for supervisory personnel with responsibilities in an IM program.

    • This rule requires operators to verify that the IM program requires supervisory personnel to have the appropriate training or experience for their assigned responsibilities, including the following:

    ○ Personnel with supervisory authority that relates to the operator's IM process must meet documented qualification requirements for the aspects of the IM program that fall under their authority;

    ○ Qualification requirements must include minimum requirements for experience or training to verify individuals have the knowledge to perform IM-related tasks; and

    ○ Tracking of qualification deficiencies and requalification requirements is essential to verify that individuals in supervisory positions are qualified.

    Section 192.915(b)—“Persons who Carry out Assessments and Evaluate Assessment Results”

    The regulation covers qualification requirements for personnel performing certain IM tasks related to the conduct of integrity assessments, analysis of integrity assessment results, and the decisions on actions to be taken based on integrity assessments.

    • This rule requires operators to verify the IM program requires qualification of personnel who carry out assessments and evaluate assessment results, including the following:

    ○ Personnel who carry out or evaluate assessment information must meet documented qualification requirements—this applies to both operator and contractor personnel.

    ○ Qualification requirements must include minimum requirements for experience or training to verify that individuals have the knowledge and skills necessary to perform IM-related tasks, including analysis, data integration, integrity assessments, and assessment results evaluation.

    ○ Qualification requirements must be established for all tasks necessary to carry out integrity assessments and evaluate assessment results, including:

    Performing the integrity assessment;

    Evaluating the results of the integrity assessment;

    Integrating any other available information or data gathered in accordance with § 192.917(b) that is applicable to the covered segment being assessed; and

    Deciding on actions to be taken based on these assessments.

    ○ The operator is responsible for verifying the qualifications of contractor personnel who conduct essential tasks in performing or evaluating assessments.

    Section 192.915(c)—“Persons Responsible for Preventive and Mitigative Measures”

    The regulation covers qualification requirements for personnel who implement preventive and mitigative measures and who supervise excavation work carried out in conjunction with an integrity assessment.

    • This rule mandates that operators verify their IM program requires qualification of personnel who participate in implementing preventive measures and mitigative measures, including: (1) Personnel who mark and locate buried structures, (2) personnel who directly supervise integrity assessment excavation work, and (3) other personnel who participate in implementing preventive measures and mitigative measures.

    ○ Personnel who implement preventive measures and mitigative measures may hold a range of job positions, including (but not limited to): Management and technical personnel, risk evaluators, operators, excavation crews, welders, and pipeline safety engineers. With respect to these personnel, the rule requires that operators:

    Define the roles and responsibilities of personnel implementing preventive measures and mitigative measures;

    Define the qualification requirements as they relate to implementing preventive measures and mitigative measures; and

    Verify personnel satisfy the defined qualification requirements.

    • The rule requires that qualification requirements be established for all tasks required to implement preventive measures and mitigative measures, including:

    ○ Marking and locating buried structures;

    ○ Supervising integrity assessment excavation work; and

    ○ Applying risk assessment results to determine what additional preventive measures and mitigative measures need to be implemented for the covered segment being assessed in accordance with § 192.917(c).

    PHMSA inspectors will use this Advisory Bulletin to clarify the intent of existing regulatory language when evaluating operator IM program personnel training and qualification effectiveness.

    Issued in Washington, DC, on March 29, 2017, under authority delegated in 49 CFR 1.97. Alan K. Mayberry, Associate Administrator for Pipeline Safety.
    [FR Doc. 2017-06805 Filed 4-7-17; 8:45 am] BILLING CODE 4910-60-P
    82 67 Monday, April 10, 2017 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0246; Directorate Identifier 2017-NM-011-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 777-200 and -300 series airplanes equipped with Rolls-Royce Model RB211-Trent 800 engines. This proposed AD was prompted by reports of inadequate clearance between the thermal protection system (TPS) insulation blankets and the electronic engine control (EEC) wiring, which resulted in damaged wires. This proposed AD would require repetitive inspections of the EEC wire bundles and clips, and corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by May 25, 2017.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.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-2017-0246.

    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-2017-0246; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2017-0246; Directorate Identifier 2017-NM-011-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    We have received reports of inadequate clearance between the TPS insulation blankets and the EEC wiring, which resulted in damaged wires. This condition, if not corrected, could result in in-flight shutdown of the engine, or the inability to properly control thrust, and consequent reduced controllability of the airplane.

    We issued AD 2016-11-16, Amendment 39-18543 (81 FR 39547, June 17, 2016) (“AD 2016-11-16”), on May 20, 2016. Among other actions, AD 2016-11-16 requires repetitive inspections of the EEC wire bundles and clips for airplanes with certain TPS insulation blankets. Since AD 2016-11-16 was issued, we have determined that these repetitive inspections were inadvertently terminated in AD 2016-11-16 through the installation of serviceable thrust reverser (T/R) halves. We are proposing this AD to reinstate the repetitive inspections of the EEC wire bundles and clips for certain airplanes.

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin 777-78-0082, Revision 1, dated June 15, 2015. The service information describes, among other things, procedures for repetitive inspections of the EEC wire bundles and clips, and corrective actions if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously. For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0246.

    The phrase “corrective actions” is used in this proposed AD. Corrective actions correct or address any condition found. Corrective actions in an AD could include, for example, repairs.

    Costs of Compliance

    We estimate that this proposed AD affects 55 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Inspection (required for right T/R half only) 3 work-hours × $85 per hour = $255 per engine per inspection cycle $0 $255 per engine per inspection cycle $28,050 (2 T/R halves per airplane) per inspection cycle.

    We have received no definitive data that would enable us to provide cost estimates for the repairs specified in this proposed AD. We estimate the following costs to do any necessary replacements that would be required based on the results of the proposed inspection. We have no way of determining the number of aircraft that might need these repairs or replacements:

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replacement of EEC wire harness 1 work-hour × $85 per hour = $85 $8,500 $8,585

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2017-0246; Directorate Identifier 2017-NM-011-AD. (a) Comments Due Date

    We must receive comments by May 25, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300 series airplanes, certificated in any category, equipped with Rolls-Royce Model RB211-Trent 800 engines, on which the actions specified in Boeing Alert Service Bulletin 777-78A0094 have been incorporated, and the condition specified in either paragraph (c)(1) or (c)(2) of this AD is met.

    (1) Thermal protection system (TPS) non-re-contoured insulation blankets having part numbers (P/N) 315W5115-2, -6, or -20 are installed on the thrust reverser (T/R) inner wall.

    (2) Rolls Royce Modification Service Bulletin RR.211-71-H824, dated July 30, 2014, has not been incorporated on the engine.

    (d) Subject

    Air Transport Association (ATA) of America Code 78, Engine exhaust.

    (e) Unsafe Condition

    This AD was prompted by reports of inadequate clearance between the TPS insulation blankets and the electronic engine control (EEC) wiring, which resulted in damaged wires. We are issuing this AD to detect and correct damaged wires, which could result in in-flight shutdown of the engine, or the inability to properly control thrust, and consequent reduced controllability of the airplane.

    (f) Compliance

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

    (g) Repetitive EEC Wire Bundle Inspection

    Within 2,000 flight hours since the most recent EEC wire bundle inspection done as specified in Boeing Special Attention Service Bulletin 777-78-0071; or Boeing Service Bulletin 777-78-0082; or within 500 flight hours after the effective date of this AD, whichever occurs later: Do a detailed inspection for damage of the EEC wire bundles and clips, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 777-78-0082, Revision 1, dated June 15, 2015. Do all applicable corrective actions before further flight. Repeat the inspection thereafter at intervals not to exceed 2,000 flight hours.

    (h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (h)(1) or (h)(2) of this AD.

    (1) Boeing Special Attention Service Bulletin 777-78-0071, Revision 2, dated July 23, 2013.

    (2) Boeing Service Bulletin 777-78-0082, dated November 9, 2011.

    (i) Alternative Methods of Compliance (AMOCs)

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

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

    (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (j) Related Information

    (1) For more information about this AD, contact Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: [email protected]

    (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.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.

    Issued in Renton, Washington, on March 27, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2017-06800 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0142; Directorate Identifier 2016-SW-013-AD] RIN 2120-AA64 Airworthiness Directives; Agusta S.p.A. AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for Agusta S.p.A. Model A109S helicopters. This proposed AD is prompted by a report of a cabin liner detaching from the helicopter and hitting the main rotor (M/R) blades during flight. This proposed AD would require adding limitations to the rotorcraft flight manual (RFM). The proposed actions are intended to prevent an unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by June 9, 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-2017-0142; 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 European Aviation Safety Agency (EASA) 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 AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Comments Invited

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

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

    Discussion

    EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2015-0227, dated November 19, 2015, to correct an unsafe condition for AgustaWestland S.p.A. Model A109S helicopters. EASA advises of a report that the right-hand lower cabin liner of Internal Arrangement part number (P/N) 109-0814-21-101 detached and hit three main rotor blades during a landing with the right-hand door removed. EASA states that this condition, if not corrected, could lead to further occurrences of in-flight lower cabin liner detachment, possibly resulting in damage to or loss of control of the helicopter. Therefore, the EASA AD requires revising the RFM to provide limitations on flights with a passenger cabin sliding door opened or removed. EASA considers its AD an interim action and states further AD action may follow.

    FAA's Determination

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

    Related Service Information

    We reviewed AgustaWestland A109S RFM, Document No. 109G0040A013, Issue 2, Revision 3, dated April 23, 2015, which adds several limitations regarding flight with a passenger cabin sliding door opened or removed.

    Proposed AD Requirements

    This proposed AD would require, within 15 hours time-in-service, revising the Limitations section of the RFM by inserting a copy of this AD or by making pen-and-ink changes to add several limitations: Prohibiting flight with a passenger cabin sliding door opened or removed for helicopters with Internal Arrangement P/N 109-0814-21-101 installed; prohibiting flight with a passenger cabin sliding door open unless modification P/N 109-0814-35 is installed; prohibiting flight with a passenger cabin sliding door open unless the doors are locked; establishing a maximum VNE with a passenger cabin sliding door opened or removed; establishing a maximum airspeed for opening or closing a passenger cabin sliding door during flight; and prohibiting instrument flight rule operation with any door opened or removed.

    Interim Action

    We consider this proposed AD to be an interim action. The design approval holder is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking.

    Costs of Compliance

    We estimate that this proposed AD would affect 19 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. At an average labor rate of $85 per work-hour, revising the RFM would take about 0.5 work-hour, for an estimated cost of $43 per helicopter, or $817 for the U.S. fleet.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed, I certify this proposed regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); (3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Agusta S.p.A.: Docket No. FAA-2017-0142; Directorate Identifier 2016-SW-013-AD. (a) Applicability

    This AD applies to Model A109S helicopters, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as detachment of an internal arrangement lower cabin liner. This condition could result in damage to a main rotor blade and subsequent loss of control of the helicopter.

    (c) Comments Due Date

    We must receive comments by June 9, 2017.

    (d) Compliance

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

    (e) Required Actions

    Within 15 hours time-in-service, revise Section 1 Limitations of the AgustaWestland Model A109S Rotorcraft Flight Manual (RFM) by inserting a copy of this AD into the RFM or by making pen-and-ink changes to add the information in Figure 1 to paragraph (e) of this AD.

    EP10AP17.000 (f) Credit for Previous Actions

    Incorporating the changes contained in AgustaWestland A109S RFM, Document No. 109G0040A013, Issue 2, Revision 3, dated April 23, 2015, into Section 1 of the RFM before the effective date of this AD is considered acceptable for compliance with this AD.

    (g) Special Flight Permits

    Special flight permits are prohibited.

    (h) Alternative Methods of Compliance (AMOCs)

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

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

    (i) Additional Information

    (1) AgustaWestland A109S RFM Document No. 109G0040A013, Issue 2, Revision 3, dated April 23, 2015, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    (2) The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2015-0227, dated November 19, 2015. You may view the EASA AD on the Internet at http://www.regulations.gov in the AD Docket.

    (j) Subject

    Joint Aircraft Service Component (JASC) Code: 2500 Cabin Equipment/Furnishings.

    Issued in Fort Worth, Texas, on March 31, 2017. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2017-06961 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0181; Airspace Docket No. 17-AGL-7] Proposed Amendment of Class E Airspace; Mineral Point, WI AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Iowa County Airport, Mineral Point, WI. This action is necessary due to the decommissioning of the Mineral Point non-directional radio beacon (NDB) and cancellation of the NDB approach. This action would enhance the safety and management of standard instrument approach procedures for instrument flight rules (IFR) operations at the airport.

    DATES:

    Comments must be received on or before May 25, 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-2017-0181; Airspace Docket No. 17-AGL-7, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Rebecca Shelby, Federal Aviation Administration, Contract Support, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX, 76177; telephone (817) 222-5859.

    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 Class E airspace extending upward from 700 feet above the surface at Iowa County Airport, Mineral Point, WI.

    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-2017-0181/Airspace Docket No. 17-AGL-7.” 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.

    Availability and Summary of Documents Proposed for Incorporation by Reference

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

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E airspace extending upward from 700 feet or more above the surface within a 6.6-mile radius (reduced from a 7.2-mile radius) of Iowa County Airport, Mineral Point, WI. The 5.2-mile wide segment from the Mineral Point NDB extending from the 7.2 mile radius of the airport to 7.4 miles northeast would be removed.

    Airspace reconfiguration is necessary due to the decommissioning and cancellation of the Mineral Point NDB, and NDB approaches, which 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. AGL WI E5 Mineral Point, WI [Amended] Iowa County Airport, WI (Lat. 42°53′13″ N., long. 90°14′12″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Iowa County Airport.

    Issued in Fort Worth, TX, on March 29, 2017. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2017-06893 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0183; Airspace Docket No. 17-ASW-4] Proposed Amendment of Class E Airspace for the following Louisiana Towns; Leesville, LA; and Patterson, LA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Leesville City Airport, Leesville, LA, and Harry P. Williams Memorial Airport, Patterson, LA. Airspace redesign is necessary due to the decommissioning of the Leesville non-directional radio beacon (NDB), and the Patterson radio beacon (RBN), and cancellation of NDB and RBN approaches, and for the safe management of instrument flight rules (IFR) operations at these airports.

    DATES:

    Comments must be received on or before May 25, 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-2017-0183; Airspace Docket No. 17-ASW-4, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

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

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend Class E airspace extending upward from 700 feet above the surface at Leesville City Airport, Leesville, LA and Harry P. Williams Memorial Airport, Patterson, LA, due to the decommissioning of associated navigation aids.

    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-2017-0183/Airspace Docket No. 17-ASW-4.” The postcard will be date/time stamped and returned to the commenter.

    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.

    Availability and Summary of Documents Proposed for Incorporation by Reference

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

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E airspace extending upward from 700 feet above the surface at: Leesville Airport, Leesville, LA, to within a 6.4-mile radius (reduced from a 6.5-mile radius) of Leesville Airport, and within 3.7 miles each side of the 360° bearing from the airport (modified from 3.6 miles from each side of the 345° bearing) extending from the 6.4- mile radius (reduced from a 6.5- mile radius) to 12.3 miles (reduced from 12.2 miles) north of the airport, and removing the segment within 2.5 miles each side of the 000° bearing of the Leesville NDB extending from the 6.5- mile radius to 7.3 miles north of the airport; and Harry P. Williams Memorial Airport, Patterson, LA; by removing the segment within 2.5 mile each side of the 233° bearing from the Patterson RBN extending from the 6.5-mile radius to 7.5 miles southwest of the airport.

    Airspace reconfiguration is necessary due to the decommissioning of the Leesville (NBD) and Patterson RBN, and cancellation of the navigation aid approaches at these airports. Controlled airspace is necessary for the safety and management of standard instrument approach procedures for IFR operations at these airports.

    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, 2015, and effective September 15, 2016, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASW LA E5 Leesville, LA [Amended] Leesville Airport, LA (Lat. 31°10′06″ N., long. 93°20′33″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Leesville Airport, and within 3.7 miles each side of the 360° bearing from the airport extending from the 6.4-mile radius to 12.3 miles north of the airport, excluding that airspace within the Fort Polk, LA, Class D airspace area, and excluding that airspace within restricted area R-3803A.

    ASW LA E5 Patterson, LA [Amended] Patterson, Harry P. Williams Memorial Airport, LA (Lat. 29°42′39″ N., long. 91°20′23″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Harry P. Williams Memorial Airport.

    Issued in Fort Worth, Texas, on March 30, 2017. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2017-07007 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2015-0654; FRL-9961-01-Region 1] Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery Systems AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut Department of Energy and Environmental Protection. This revision includes regulatory amendments that require gasoline dispensing facilities (GDFs) to decommission their Stage II vapor recovery systems on or before July 1, 2015, and a demonstration that such removal is consistent with the Clean Air Act and EPA guidance. This revision also includes regulatory amendments that strengthen Connecticut's requirements for Stage I vapor recovery systems at GDFs. The intended effect of this action is to propose approval of Connecticut's revised vapor recovery regulations. This action is being taken under the Clean Air Act.

    DATES:

    Written comments must be received on or before May 10, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R01-OAR-2015-0654 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-0660, email [email protected].

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.

    Organization of this document. The following outline is provided to aid in locating information in this preamble.

    I. Background and Purpose II. Summary of Connecticut's SIP Revision III. EPA's Evaluation of Connecticut's SIP Revision IV. Proposed Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background and Purpose

    On September 14, 2015, the Connecticut Department of Energy and Environmental Protection submitted a revision to its State Implementation Plan (SIP). The SIP revision consists of Connecticut's newly adopted section 22a-174-30a, Stage I Vapor Recovery, of the Regulations of Connecticut State Agencies (RCSA) as well as the following revised RCSA sections:

    • 22a-174-3a, Permit to Construct and Operate Stationary Sources, specifically 22a-174-3a(a);

    • 22a-174-20, Control of Organic Compound Emissions, specifically 22a-174-20(a), 22a-174-20(b)(1) through (b)(16), and 22a-174-20(ee); and

    • 22a-174-32, Reasonably Available Control Technology (RACT) for Volatile Organic Compounds, specifically 22a-174-32(b).

    In addition, this SIP revision also includes Public Act No. 13-120, An Act Concerning Gasoline Vapor Recovery Systems. Connecticut Public Act No. 13-120 revises section 22a-174e of the Connecticut General Statutes (CGS). The regulations and statute require the decommissioning of Stage II vapor recovery systems and strengthen Stage I vapor recovery requirements. The SIP submittal also includes a demonstration that removal of Stage II vapor recovery systems in Connecticut is consistent with the Clean Air Act and EPA guidance. Finally, the SIP revision includes the withdrawal of RCSA section 22a-174-30, Dispensing of Gasoline/Stage I and Stage II Vapor Recovery, from the Connecticut SIP.

    Connecticut subsequently modified the September 14, 2015 SIP revision via a letter dated January 20, 2017 wherein Connecticut withdrew RCSA 22a-174-3a(a) from consideration as part of this SIP revision.

    Stage II and onboard refueling vapor recovery (ORVR) systems are two types of emission control systems that capture fuel vapors from vehicle gas tanks during refueling. Stage II vapor recovery systems are installed at gasoline dispensing facilities and capture the refueling fuel vapors at the gasoline pump. The system carries the vapors back to the underground storage tank at the GDF to prevent the vapors from escaping to the atmosphere. ORVR systems are carbon canisters installed directly on automobiles to capture the fuel vapors evacuated from the gasoline tank before they reach the nozzle. The fuel vapors captured in the carbon canisters are then combusted in the engine when the automobile is in operation.

    Stage II vapor recovery systems and vehicle ORVR systems were initially both required by the 1990 Amendments to the Clean Air Act (CAA). Section 182(b)(3) of the CAA requires moderate and above ozone nonattainment areas to implement Stage II vapor recovery programs. Also, under CAA section 184(b)(2), states in the Ozone Transport Region (OTR) are required to implement Stage II or comparable measures. CAA section 202(a)(6) required EPA to promulgate regulations for ORVR for light-duty vehicles (passenger cars). EPA adopted these requirements in 1994, at which point moderate ozone nonattainment areas were no longer subject to the CAA section 182(b)(3) Stage II vapor recovery requirements. ORVR equipment has been phased in for new passenger vehicles beginning with model year 1998, and starting with model year 2001 for light-duty trucks and most heavy-duty gasoline powered vehicles. ORVR equipment has been installed on nearly all new gasoline-powered light-duty vehicles, light-duty trucks, and heavy-duty vehicles since 2006.

    During the phase-in of ORVR controls, Stage II has provided volatile organic compound (VOC) reductions in ozone nonattainment areas and certain attainment areas of the OTR. Congress recognized that ORVR systems and Stage II vapor recovery systems would eventually become largely redundant technologies, and provided authority to EPA to allow states to remove Stage II vapor recovery programs from their SIPs after EPA finds that ORVR is in “widespread use.” Effective May 16, 2012, the date the final rule was published in the Federal Register (see 77 FR 28772), EPA determined that ORVR systems are in widespread use nationwide for control of gasoline emissions during refueling of vehicles at GDFs. As of the end of 2016, EPA estimates that more than 88 percent of gasoline refueling nationwide occurs with ORVR-equipped vehicles.1 Thus, Stage II vapor recovery programs have become largely redundant control systems and Stage II vapor recovery systems achieve an ever declining emissions benefit as more ORVR-equipped vehicles continue to enter the on-road motor vehicle fleet.2 In the May 16, 2012 rulemaking, EPA also exercised its authority under CAA section 202(a)(6) to waive certain federal statutory requirements for Stage II vapor recovery systems at GDFs. This decision exempts all new ozone nonattainment areas classified serious or above from the requirement to adopt Stage II vapor recovery programs. Finally, EPA's May 16, 2012 rulemaking also noted that any state currently implementing Stage II vapor recovery programs may submit SIP revisions that would allow for the phase-out of Stage II vapor recovery systems.

    1 See Appendix Table A-1 of EPA's Guidance Document, “Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures” (EPA-457/B-12-001; August 7, 2012).

    2 In areas where certain types of vacuum-assist Stage II vapor recovery systems are used, the differences in operational design characteristics between ORVR and some configurations of these Stage II vapor recovery systems result in the reduction of overall control system efficiency compared to what could have been achieved relative to the individual control efficiencies of either ORVR or Stage II emissions from the vehicle fuel tank.

    Stage I vapor recovery systems are systems that capture vapors displaced from storage tanks at GDFs during gasoline tank truck deliveries. When gasoline is delivered into an aboveground or underground storage tank, vapors that were taking up space in the storage tank are displaced by the gasoline entering the storage tank. The Stage I vapor recovery systems route these displaced vapors into the delivery truck's tank. Some vapors are vented when the storage tank exceeds a specified pressure threshold, however the Stage I vapor recovery systems greatly reduce the possibility of these displaced vapors being released into the atmosphere.

    Stage I vapor recovery systems have been in place since the 1970s. EPA has issued the following guidance regarding Stage I systems: “Design Criteria for Stage I Vapor Control Systems—Gasoline Service Stations” (November 1975, EPA Online Publication 450R75102), which is regarded as the control techniques guideline (CTG) for the control of VOC emissions from this source category; and the EPA document “Model Volatile Organic Compound Rules for Reasonably Available Control Technology” (Staff Working Draft, June 1992) contains a model Stage I regulation.

    In more recent years, the California Air Resources Board (CARB) has required Stage I vapor recovery systems capable of achieving vapor control efficiencies higher than those achieved by traditional systems. These systems are commonly referred to as Enhanced Vapor Recovery (EVR) systems. One of the essential components of these CARB Stage I EVR systems are CARB EVR Pressure/Vacuum (P/V) vent valves. These valves are manufactured of better quality materials and construction, when compared to non-CARB EVR P/V vent valves, and are thus expected to reduce P/V vent valve failures and decrease emissions.

    II. Summary of Connecticut's SIP Revision

    The Connecticut Stage II vapor recovery program requirements, codified in RCSA section 22a-174-30, Dispensing of Gasoline/Stage I and Stage II Vapor Recovery, were initially approved into the Connecticut SIP on December 17, 1993 (58 FR 65930). Connecticut's rule required GDFs throughout the state to install Stage II vapor recovery systems. On August 31, 2006 (71 FR 51761), EPA approved a revised version of RCSA section 22a-174-30, into the Connecticut SIP, which added new requirements for GDFs to install P/V vent valves.

    On September 14, 2015, Connecticut submitted a SIP revision consisting of its request to withdraw RCSA section 22a-174-30 from the SIP, and add RCSA section 22a-174-30a to the Connecticut SIP. Connecticut's request to withdraw RCSA section 22a-174-30 from the SIP stems from the State's repeal of this regulation as of July 1, 2015. This SIP revision also includes revisions to RCSA sections 22a-174-20(a), 22a-174-20(b)(1) through (b)(16), 22a-174-20(ee), and 22-174-32(b), as well as the addition of Connecticut Public Act No. 13-120.

    This SIP revision includes regulatory amendments that prohibit all GDFs from installing Stage II vapor recovery systems as of June 18, 2013, the effective date of Public Act No. 13-120 (i.e. the effective date of the revised CGS section 22a-174e). The SIP revision also includes legislative and regulatory amendments, via Public Act No. 13-120, that require all GDFs equipped with Stage II vapor recovery systems to decommission their Stage II vapor recovery systems on or before July 1, 2015. Connecticut's regulations were then revised, effective July 8, 2015, to remove the requirement for the installation and operation of Stage II vapor recovery systems, while retaining the Stage I vapor recovery requirements for GDFs, so that the regulations conform to the requirements of Public Act No. 13-120. In addition, Connecticut Public Act No. 13-120, as well as RCSA section 22a-174-30a, increase the Stage I vapor control equipment testing frequency at GDFs from a three-year interval to annual testing. RCSA section 22a-174-30a also requires GDFs to install a CARB-approved EVR pressure/vacuum (P/V) vent valve when any existing P/V vent valve is replaced. These latter changes to Connecticut's Stage I vapor control regulations strengthened the regulatory requirements.

    Connecticut's RCSA subsections 22a-174-20(ee)(2) and 22a-174-32(b)(3)(E)(ii) were revised to appropriately cite the newly adopted RCSA section 22a-174-30a where reference was previously made to, the now repealed, RCSA section 22a-174-30. Also, Connecticut's RCSA subsection 22a-174-20(a)(7) was revised to clarify the requirements for the external surfaces of aboveground storage tanks containing VOCs.

    The Stage I vapor recovery requirements for GDFs contained in RCSA subsections 22a-174-20(b)(6) through (b)(9), as well as those contained in, the now repealed, RCSA section 22a-174-30, were consolidated and moved into the new RCSA section 22a-174-30a. Connecticut's RCSA subsections 22a-174-20(b)(10) through (b)(16), were revised to clarify and strengthen the Connecticut Stage I vapor recovery program requirements for fuel tank trucks.

    Furthermore, the revised Stage I regulations require any GDF with a monthly throughput of 10,000 gallons or more on or after July 1, 2015 to maintain Stage I systems that meet the same management practices required by EPA's National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Source Category: Gasoline Dispensing Facilities, 40 CFR part 63, subpart CCCCCC.

    Connecticut's September 14, 2015 SIP revision also includes a narrative demonstration supporting the discontinuation of the Connecticut Stage II vapor recovery program. This demonstration consists of an analysis that the Stage II vapor recovery controls provide only de minimis emission reductions due to the prevalence of ORVR-equipped vehicles in Connecticut in 2013. In fact, Connecticut's September 14, 2015 submission explained that any VOC emissions increase that may have occurred in 2013 or 2014 were too small to interfere with attainment and reasonable further progress towards attainment of the ozone NAAQS. Connecticut's submission also stated, and demonstrated, that continuing a Stage II vapor recovery program from 2015 and beyond would have resulted in an increase in refueling emissions due to excess emissions from the incompatibility of ORVR and certain Stage II systems.

    III. EPA's Evaluation of Connecticut's SIP Revision

    As noted above, Connecticut's September 14, 2015 SIP revision includes the decommissioning of Stage II vapor recovery systems in the State. EPA has reviewed Connecticut's repeal of RCSA section 22a-174-30, Public Act No. 13-120, and the accompanying SIP narrative, and has concluded that Connecticut's September 14, 2015 SIP revision is consistent with EPA's widespread use rule (77 FR 28772; May 16, 2012) and EPA's “Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures” (EPA-457/B-12-001; August 7, 2012), hereafter referred to as EPA's Guidance Document.

    Connecticut's September 14, 2015 SIP revision includes a CAA section 184(b)(2) “comparable measures” demonstration and a CAA section 110(l) anti-back sliding demonstration based on equations in EPA's Guidance Document. According to these calculations, the potential loss of refueling emission reductions from removing Stage II vapor recovery systems in 2013 is 4.3 percent, thus meeting the 10 percent de minimis recommendation in EPA's Guidance Document. The fact that the Connecticut demonstration is based on 2013, while the regulation does not require decommissioning of all Stage II systems until 2015, represents a conservative estimate as the potential loss of emission reductions decreases over time as more and more ORVR systems are phased-in. Furthermore, Connecticut estimates that retaining Stage II vapor recovery systems beyond 2015 would have resulted in an increase in emissions 3 due to the excess emissions generated by the refueling of ORVR-equipped vehicles at the incompatible Stage II vapor recovery systems found throughout Connecticut.

    3 See “Table D-3: 2015 Stage II calculations” in Appendix D of Attachment A of Connecticut's September 14, 2015 SIP submittal.

    In addition, Connecticut's September 14, 2015 SIP revision also includes calculations illustrating that the overall emissions effect of removing the Stage II vapor recovery program would be an increase of about 200 tons of VOC in 2013. EPA's 2011 National Emissions Inventory database, Version 2, illustrates that Connecticut's statewide anthropogenic VOC emissions were about 79,937 tons (see https://www.epa.gov/air-emissions-inventories/2011-national-emissions-inventory-nei-data). Therefore, the VOC emissions increase of 200 tons per year calculated by Connecticut is only about 0.3 percent of the total anthropogenic VOC emissions in Connecticut. Also, as noted above, these foregone emissions reductions in the near term continue to diminish rapidly over time as ORVR phase-in continues. Thus, EPA believes that the resulting temporary increase in VOC emissions will not interfere with attainment or maintenance of the ozone National Ambient Air Quality Standards (NAAQS).

    Furthermore, Appendix Table A-1 of EPA's Guidance Document illustrates that by the end of 2012 about 71% of the vehicles in the national motor vehicle fleet would have been equipped with ORVR.4 The number of ORVR-equipped vehicles in Connecticut at that time was likely even higher, however, due to Connecticut having a more accelerated motor vehicle fleet turnover when compared to the national motor vehicle fleet.5 Appendix Table A-1 of EPA's Guidance Document also illustrates that by the end of 2012, about 78% of gasoline dispensed nationally would have been to ORVR-equipped vehicles, which is also likely to have been higher in Connecticut due to a newer motor vehicle fleet.6 At that point in time, since a vast majority of Connecticut's vehicles being refueled at GDFs would have been equipped with ORVR systems, the ORVR systems would have been controlling the VOC emissions, making Stage II vapor recovery systems a redundant, and potentially incompatible, emissions control technology in Connecticut. Therefore, removing the Stage II systems is not expected to result in a significant emissions increase, and is actually expected to avoid emissions increases that would have resulted from the incompatibility of some Stage II systems with ORVR controls.

    4 Although Connecticut requires that all GDFs decommission their Stage II vapor recovery systems on or before July 1, 2015, GDFs could have begun decommissioning Stage II systems as of June 18, 2013 (the effective date of Public Act No. 13-120). An analysis of the removal of Stage II controls by the end of 2012 is a conservative calculation of the emission impacts of decommissioning Stage II vapor recovery systems, due to future years having a greater percentage of ORVR-equipped vehicles in the motor vehicle fleet.

    5Final Report Analysis of Future Options For Connecticut's Gasoline Dispensing Facility Vapor Control Program, de la Torre-Klausmeier Consulting, Inc., June 4, 2012, includes an analysis conducted using EPA's Motor Vehicle Emissions Simulator (MOVES) model which illustrates that by the end of 2012, the fraction of gasoline vehicles in Connecticut equipped with ORVR was about 75%. This is a slightly more accelerated fleet turn-over estimate than EPA's end of 2012 calendar year national estimate of 71.4% ORVR penetration in the national gasoline fueled motor vehicle fleet.

    6 Ibid. In 2012, 85% of gasoline dispensed in Connecticut was dispensed to ORVR-equipped vehicles. This is much more accelerated than EPA's end of 2012 calendar year national estimate of 77.7% of fuel dispensed to ORVR-equipped vehicles.

    With respect to Stage I vapor recovery requirements, Connecticut's adopted regulation RCSA section 22a-174-30a is more stringent than the previously approved version of the rule,7 thus meeting the CAA section 110(l) anti-back sliding requirements. As noted above, the revised rule requires upgrades of P/V vent valves to a CARB-approved EVR P/V vent valve for all P/V vent valves being replaced after July 1, 2015. Connecticut's adopted RCSA section 22a-174-30a also meets the CAA section 110(l) requirements because of the increased frequency of Stage I vapor control equipment testing at GDFs.

    7 EPA's most recent approval of RCSA section 22a-174-30 was on August 31, 2006 (see 71 FR 51761). As noted in this proposed rulemaking, Connecticut's Stage I vapor recovery requirements are now found in the adopted RCSA section 22a-174-30a, effective July 8, 2015.

    EPA has reviewed Connecticut's newly adopted RCSA section 22a-174-30a, “Stage I Vapor Recovery,” and we have determined that it adequately incorporates the necessary Stage I Vapor Recovery program requirements for GDFs that were previously contained in the, now repealed, RCSA section 22a-174-30 (see 71 FR 51761; August 31, 2006), as well as those Stage I vapor recovery requirements for GDFs that were previously contained within RCSA subsections 22a-174-20(b)(6) through (b)(9).

    Connecticut's September 14, 2015 SIP submittal also includes revisions to section 22a-174-20. EPA initially approved Connecticut's RCSA section 22a-174-20 on May 31, 1972 (see 37 FR 23085) and most recently approved revisions to RCSA section 22a-174-20 on November 3, 2015 (see 80 FR 67642). EPA has reviewed Connecticut's revised RCSA sections 22a-174-20(a), 22a-174-20(b)(1) through 22a-174-20(b)(16), and 22a-174-20(ee) and has found that they are at least as stringent as the previously SIP-approved version of the regulation. The following Connecticut RCSA sections are the most significant changes from what was previously approved into the Connecticut SIP:

    1. Subsection 22a-174-20(a)(7) was revised to clarify the requirements for the external surfaces of aboveground storage tanks containing VOCs, thus strengthening the subsection previously approved into the Connecticut SIP;

    2. Subsections 22a-174-20(b)(6) through (b)(9), related to Stage I vapor recovery program requirements for gasoline dispensing facilities, were removed from the amended 22a-174-20, since those provisions were moved into the new RCSA section 22a-174-30a;

    3. Subsections 22a-174-20(b)(10) through 22a-174-20(b)(16) were revised to clarify and strengthen the Connecticut Stage I vapor recovery program requirements for fuel tank trucks; 8 and

    8 The revisions of subsections 22a-174-20(b)(10) through (b)(16) clarify and strengthen the Connecticut Stage I vapor recovery program requirements for fuel tank trucks by adding requirements such as: Requiring all vapor return hoses, couplers and adapters used in gasoline delivery to be vapor-tight; requiring fuel tank trucks to dispense gasoline to a stationary storage tank having an approved control system in a manner that does not interfere with the collection efficiency of the control system; and requiring fuel tank trucks to not transfer or allow the transfer of gasoline from a delivery vehicle to a dispensing facility stationary storage tank if there are leaks in pressure/vacuum relief valves or hatch covers of the delivery vehicle, in the truck tanks or in associated vapor and liquid lines.

    4. Subsection 22a-174-20(ee)(2) was revised to appropriately cite the newly adopted RCSA section 22a-174-30a where reference was previously made to, the now repealed, RCSA section 22a-174-30.

    The above revisions are all reasonable and meet the Clean Air Act's section 110(l) anti-back sliding requirements because they are more stringent than the versions of the regulations previously approved into the Connecticut SIP. Therefore, EPA is proposing to approve the revised RCSA section 22a-174-20(a), the revised RCSA sections 22a-174-20(b)(1) through 22a-174-20(b)(16), and the revised RCSA section 22a-174-20(ee) into the Connecticut SIP.

    In addition, Connecticut's September 2015 SIP submittal includes revised RCSA 22a-174-32(b), relating to the applicability of Reasonably Available Control Technology (RACT) requirements for volatile organic compounds. EPA initially approved Connecticut's RCSA section 22a-174-32 on March 10, 1999 (see 64 FR 12024) and subsequently approved revisions to this rule, with the most recently approved revisions to RCSA section 22a-174-32 on October 24, 2005 (see 70 FR 61384). The amended subsection 22a-174-32(b)(3)(E)(ii) was revised to appropriately cite the newly adopted RCSA section 22a-174-30a where reference was previously made to, the now repealed, RCSA section 22a-174-30. Therefore, EPA is proposing to approve revised RCSA section 22a-174-32(b) into the Connecticut SIP.

    IV. Proposed Action

    EPA is proposing to approve Connecticut's September 14, 2015 SIP revision. Specifically, EPA is proposing to approve, and incorporate into the Connecticut SIP, the following regulations and statute: Newly adopted RCSA section 22a-174-30a; revised RCSA subsection 22a-174-20(a); revised RCSA subsections 22a-174-20(b)(1) through (b)(16); revised RCSA subsection 22a-174-20(ee), and revised RCSA subsection 22a-174-32(b); as well as Public Act No. 13-120. EPA is also proposing to approve Connecticut's request to withdraw RCSA section 22a-174-30 from the Connecticut SIP because, as described earlier, it has been replaced with RCSA section 22a-174-30a, which is more stringent. EPA is proposing to approve this SIP revision because it meets all applicable requirements of the CAA and EPA guidance, and it will not interfere with any applicable requirement concerning attainment or reasonable further progress towards attainment of any NAAQS, or with any other applicable requirement of the Clean Air Act.

    Connecticut's September 14, 2015 SIP revision also satisfies the “comparable measures” requirement of CAA section 184(b)(2), because as stated in EPA's Guidance Document, “the comparable measures requirement is satisfied if phasing out a Stage II control program in a particular area is estimated to have no, or a de minimis, incremental loss of area-wide emissions control.” As noted above, Connecticut's SIP revision meets, and as of the year 2015 goes beyond, the de minimis criteria outlined in EPA's Guidance Document. In addition, since the resulting temporary emissions increase from the removal of Stage II controls prior to the year 2015 were de minimis, the anti-back sliding requirements of CAA section 110(l) have also been satisfied. As noted in Connecticut's September 14, 2015 submission, these revisions to Connecticut's SIP are approvable under CAA section 110(l) because any VOC emissions increase that may have occurred in 2013 or 2014 were too small to interfere with attainment and reasonable further progress towards attainment of the ozone NAAQS. Connecticut's submission also stated, and demonstrated, that continuing a Stage II vapor recovery program from 2015 and beyond would have resulted in an increase in refueling emissions due to incompatibility excess emissions. Preventing an increase in refueling emissions is consistent with the non-interference requirements of the CAA in section 110(l).

    EPA is soliciting public comments on the issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register.

    V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference Connecticut's regulations and statute cited in Section IV. of this proposed rulemaking. The EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and at the appropriate EPA.

    VI. Statutory and Executive Order Reviews

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

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

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

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

    List of Subjects in 40 CFR Part 52

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

    Dated: March 16, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England.
    [FR Doc. 2017-07147 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0705; FRL-9960-80-Region 5] Air Plan Approval; Michigan; Transportation Conformity Procedures AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a revision submitted by the State of Michigan on October 3, 2016. The purpose of this revision is to establish transportation conformity criteria and procedures related to interagency consultation, and enforceability of certain transportation related control and mitigation measures.

    DATES:

    Comments must be received on or before May 10, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2015-0705 at http://www.regulations.gov or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Michael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6680, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Rules section of this Federal Register, EPA is approving Michigan's state implementation plan submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register.

    Dated: March 17, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5.
    [FR Doc. 2017-07030 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2017-0044; FRL-9961-00-Region 2] Approval of Air Quality Implementation Plans; New Jersey, 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment and PM2.5/Regional Haze Areas AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the New Jersey Department of Environmental Protection. The SIP revision consists of the following: 2011 calendar year ozone precursor emission inventories for volatile organic compounds, oxides of nitrogen and carbon monoxide for the Northern New Jersey-New York-Connecticut area classified as Moderate ozone nonattainment for the 2008 8-hour ozone standard, and Southern New Jersey-Philadelphia ozone nonattainment area classified as Marginal ozone nonattainment for the 2008 8-hour ozone standard. In addition, the SIP revision also consists of the 2011 calendar year statewide periodic emissions inventory for particulate matter with an aerodynamic diameter less than or equal to 2.5 microns (PM2.5) and the associated PM2.5 and/or Regional Haze precursors. The pollutants included in this inventory include volatile organic compounds, oxides of nitrogen, PM2.5, particulate matter with an aerodynamic diameter less than or equal to 10 microns, ammonia and sulfur dioxide. Emission inventories are needed to develop and assess new control strategies that the states may use in attainment demonstration SIPs for the new National Ambient Air Quality Standards for ozone and PM2.5. The inventory may also serve as part of statewide inventories for purposes of regional modeling in ozone and Regional Haze transport areas. The inventory plays an important role in modeling demonstrations for areas classified as nonattainment for ozone, carbon monoxide and PM2.5.

    DATES:

    Comments must be received on or before May 10, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-R02-OAR-2017-0044, at http://www.regulations.gov. Follow the on-line instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Raymond Forde [email protected] for general, point and nonpoint or area source inventory questions, and Matthew Laurita [email protected] for mobile source inventory related questions at the U.S. Environmental Protection Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866, telephone number (212) 637-4249, fax number (212) 637-3901.

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean the EPA.

    Table of Contents I. Background—What is the Periodic Emissions Inventory? II. What are the criteria for approving the Periodic Inventory? III. What action is the EPA proposing to take? IV. Statutory and Executive Order Reviews I. Background—What is the Periodic Emissions Inventory?

    Section 182(a)(3) and 172(c)(3) of the Clean Air Act requires the periodic submission of emissions inventories for the SIP planning process to address the pollutants for the ozone, particulate matter with an aerodynamic diameter less than or equal to 2.5 microns (PM2.5) and carbon monoxide (CO) National Ambient Air Quality Standards. Identifying the calendar year gives certainty to states that require submission of the ozone, PM2.5 and CO emission inventories periodically. These requirements allow the EPA, based on the states' progress in reducing emissions, to periodically reassess its policies and air quality standards and revise them as necessary. Most important, the ozone, PM2.5 and CO inventories will be used to develop and assess new control strategies that the states may use in attainment demonstration SIPs for the new National Ambient Air Quality Standards for ozone and PM2.5. The inventory may also serve as part of statewide inventories for purposes of regional modeling in transport areas. The inventory plays an important role in modeling demonstrations for areas classified as nonattainment and outside transport regions. In addition, 40 CFR 51.308(d)(4)(v) of EPA's Regional Haze Rule (RHR) requires the establishment of a statewide emissions inventory of pollutants that are reasonably anticipated to cause or contribute to visibility impairment in any mandatory Class I area.

    New Jersey has areas that are classified as nonattainment for the 2008 8-hour ozone standard. See 77 FR 30088 (May 21, 2012) for the Southern New Jersey-Philadelphia area classified as Marginal ozone nonattainment, and 81 FR 26697 (May 4, 2016) for the Northern New Jersey-New York-Connecticut area classified as Moderate ozone nonattainment. Therefore, an ozone emissions inventory is needed for these areas for air quality program planning purposes. For Regional Haze, New Jersey has a Class I area within its borders: Brigantine Wilderness Area (Brigantine). Emissions from New Jersey's sources were also found to impact visibility at several other Class I areas: Acadia National Park and the Moosehorn Wilderness Area in Maine, the Great Gulf Wilderness Area and Presidential Range/Dry River Wilderness Area in New Hampshire, and the Lye Brook Wilderness Area in Vermont. See 76 FR 49711 (August 11, 2011). Therefore, an emissions inventory is needed for the Regional Haze air quality planning program effort.

    The pollutants inventoried by New Jersey include volatile organic compounds (VOC), oxides of nitrogen (NOX) and CO summertime daily and annual emissions for the ozone areas; and VOC, NOX, PM2.5, particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10), ammonia (NH3) and sulfur dioxide (SO2) annual emissions for the PM2.5 and/or Regional Haze areas. For the reasons stated above, ideally EPA would therefore emphasize the importance and benefits of developing a comprehensive, current, and accurate ozone and PM2.5/Regional Haze emissions inventory (similar to the 1990 base year inventory effort). In this case, the 2011 calendar year has been selected as the inventory that will be used for planning purposes for ozone and PM2.5/Regional Haze areas.

    II. What are the criteria for approving the Periodic Inventory?

    On June 11, 2015, New Jersey submitted the 2011 ozone emissions inventory for the Northern New Jersey-New York-Connecticut and Southern New Jersey-Philadelphia ozone nonattainment areas and the 2011 emissions inventory for the PM2.5/Regional Haze areas and requested that EPA approve the emissions inventory SIP revision. This section describes EPA's rationale for proposing to approve the emissions inventory SIP revision. A more detailed discussion of the EPA's review and proposed action is found in the technical support document (TSD) available in the Docket for this action, and by contacting the individuals in the For Further Information Contact section.

    There are specific components of an acceptable emission inventory. The emission inventory must meet certain minimum requirements for reporting each source category. Specifically, the source requirements are detailed below.

    The review process, which is described in the accompanying TSD, is used to determine that all components of the base year inventory are present. This review also evaluates the level of supporting documentation provided by the state, assesses whether the emissions were developed according to current EPA guidance, and evaluates the quality of the data.

    The review process is outlined here and consists of eight elements that the inventory must include. For an emissions inventory to be acceptable, it must pass all of the following acceptance criteria:

    1. Evidence that the inventory was quality assured by the state and its implementation documented;

    2. The point source inventory was complete;

    3. Point source emissions were prepared or calculated according to the current EPA guidance;

    4. The area source inventory was complete;

    5. The area source emissions were prepared or calculated according to the current EPA guidance;

    6. Non-road mobile emissions were prepared according to the current EPA guidance for all of the source categories;

    7. The method (e.g., Highway Performance Monitoring System or a network transportation planning model) used to develop vehicle miles travelled (VMT) estimates follows the EPA guidance; and,

    8. On-road mobile emissions were prepared according to the current EPA guidance.

    Based on the EPA's review, New Jersey satisfies all of the EPA's requirements for purposes of providing a comprehensive, accurate, and current inventory of actual emissions for the ozone nonattainment and PM2.5/Regional Haze areas. A summary of the EPA's review is given below:

    1. The Quality Assurance (QA) plan was implemented for all portions of the inventory. The QA plan included a QA/Quality control (QC) program for assessing data completeness and standard range checking. Critical data elements relative to the inventory sources were assessed for completeness. QA checks were performed relative to data collection and analysis, and double counting of emissions from point, area and mobile sources. QA/QC checks were conducted to ensure accuracy of units, unit conversions, transposition of figures, and calculations. The inventory is well documented. New Jersey provided documentation detailing the methods used to develop emissions estimates for each category. In addition, New Jersey identified the sources of data used in developing the inventory;

    2. The point source emissions are complete and in accordance with the EPA guidance;

    3. The point source emissions were prepared/calculated in accordance with the EPA guidance;

    4. The area source emissions are complete and in accordance with the EPA guidance;

    5. Area source emissions were prepared/calculated in accordance with the EPA guidance;

    6. Emission estimates for the non-road mobile source categories are correctly based on the latest non-road mobile model or other appropriate guidance and prepared in accordance with the EPA guidance;

    7. The method used to develop VMT estimates is in accordance with the EPA guidance and was adequately described and documented in the inventory report; and,

    8. The latest Motor Vehicle Emission Simulator (MOVES) model was used in accordance with the EPA's guidance.

    New Jersey's 2011 ozone and PM2.5/Regional Haze emission inventories have been developed in accordance with EPA guidance. Therefore, EPA is proposing to approve the emission inventories. A more detailed discussion of how the emission inventory was reviewed and the results of the review are presented in the TSD. Detailed emission inventory development procedures can be found in the following document: Emission Inventory Guidance for Implementation of Ozone and Particulate Matter NAAQS and Regional Haze Regulation, dated August 2005; Using MOVES to Prepare Emission Inventories in State Implementation Plans and Transportation Conformity: Technical Guidance for MOVES2010, 2010a and 2010b, April 2012.

    Tables A-H below show the 2011 VOC, NOX and CO summertime daily and annual emission inventories for the ozone nonattainment areas. Tables F, G and I-L, show the VOC, NOX, PM2.5, PM10, SO2, and NH3 annual emissions for the PM2.5/Regional Haze areas.

    Table A—New Jersey Portion of the Northern New Jersey Ozone Nonattainment Area County VOC
  • tons per summer day
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Bergen 1.46 25.45 11.17 14.41 52.49 Essex 2.65 21.95 6.48 6.43 37.51 Hudson 3.11 15.87 3.82 3.96 26.76 Hunterdon 0.16 4.37 2.04 3.09 9.66 Middlesex 16.86 25.45 9.03 9.19 60.53 Monmouth 0.43 19.33 7.79 9.6 37.15 Morris 0.58 15.94 6.22 9.08 31.82 Passaic 0.9 14.55 4.71 5.07 25.23 Somerset 0.96 10.52 3.87 6.21 21.56 Sussex 0.14 4.52 1.93 4.07 10.66 Union 3.7 17.15 5.99 5.96 32.8 Warren 0.41 4.04 1.6 2.32 8.37 Total in Northern NAA Area 31.36 179.14 64.65 79.39 354.54
    Table B—New Jersey Portion of the Northern New Jersey Ozone Nonattainment Area County NOX
  • tons per summer day
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Bergen 3.64 3.48 27.43 14.54 49.09 Essex 12.07 2.81 15.74 15.28 45.9 Hudson 16.98 2.07 8.4 14.29 41.74 Hunterdon 6.23 0.49 7 3.52 17.24 Middlesex 19.08 3.03 23.95 12.65 58.71 Monmouth 0.58 2.15 14.64 11.54 28.91 Morris 0.98 2.2 15.86 7.27 26.31 Passaic 0.27 1.62 9.55 4.89 16.33 Somerset 1.45 1.36 10.8 5.85 19.46 Sussex 0.15 0.54 3.12 2.19 6 Union 9.01 1.91 16.01 11.77 38.7 Warren 1.78 0.41 6.09 1.56 9.84 Total in Northern NAA Area 72.22 22.07 158.59 105.35 358.23
    Table C—New Jersey Portion of the Northern New Jersey Ozone Nonattainment Area County VOC
  • tons per summer day
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 0.16 9.12 3.73 8.04 21.05 Burlington 0.92 14.32 6.52 7.48 29.24 Camden 0.74 14.27 6.53 5.12 26.66 Cape May 0.26 3.71 1.5 10.4 15.87 Cumberland 0.33 7.29 1.68 2.9 12.2 Gloucester 4.29 16.12 3.86 4.54 28.81 Mercer 0.54 11.32 5.06 4.54 21.46 Ocean 0.31 15.9 6.46 14.29 36.96 Salem 0.78 3.09 1.13 1.84 6.84 Total in Southern NAA Area 8.33 95.14 36.47 59.15 199.09
    Table D—New Jersey Portion of the Northern New Jersey Ozone Nonattainment Area County NOX
  • tons per summer day
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 0.95 1.05 14.2 5.91 22.11 Burlington 8.92 1.79 17.78 8.79 37.28 Camden 1.53 1.79 16.89 6.84 27.05 Cape May 13.77 0.37 5.66 5.88 25.68 Cumberland 4.57 0.57 5.07 4.4 14.61 Gloucester 6.83 0.93 10.57 7.21 25.54 Mercer 6.49 1.64 14.2 5.62 27.95 Ocean 3.15 1.59 11.41 8.62 24.77 Salem 10.36 0.25 5.89 1.61 18.11 Total in Southern NAA Area 56.57 9.98 101.67 54.88 223.1
    Table E—2011 New Jersey Statewide Emissions Inventory by County and Source Sector County CO
  • tons per year
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 0.92 1.91 47.16 47.81 97.80 Bergen 1.49 3.47 128.03 198.37 331.36 Burlington 2.67 6.88 68.9 79.73 158.18 Camden 0.47 3.17 64.63 62.04 130.31 Cape May 1.14 0.66 18.15 45.18 65.13 Cumberland 2.25 1.42 15.97 20.16 39.80 Essex 12.05 2.96 70.99 84.87 170.87 Gloucester 2.14 1.34 41.11 51.26 95.85 Hudson 6.64 2.21 38.46 41.16 88.47 Hunterdon 2.18 1 22.08 37.27 62.53 Mercer 1.22 2.2 52.97 58.14 114.53 Middlesex 22.29 3.59 108.77 132.73 267.38 Monmouth 0.8 2.45 83.9 114.31 201.46 Morris 0.42 2.28 72.86 121.29 196.85 Ocean 2.48 3.95 63.68 88.62 158.73 Passaic 0.17 1.74 52.36 62.2 116.47 Salem 3.08 0.6 15.16 11.73 30.57 Somerset 0.79 1.46 42.25 90.37 134.87 Sussex 0.4 0.85 17.85 28.7 47.80 Union 2.85 2.05 67.43 81.39 153.72 Warren 0.74 1.04 16.55 19.42 37.75 Total in State 67.20 47.23 1,109.26 1476.75 2,700.44
    Table F—2011 New Jersey Statewide Emissions Inventory by County and Source Sector County VOC
  • tons per year
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 58 3,437 1,278 2,472 7,245 Bergen 321 8,408 4,512 4,209 17,450 Burlington 226 4,995 2,382 2,174 9,777 Camden 218 5,134 2,349 1,484 9,185 Cape May 16 1,397 505 3,142 5,060 Cumberland 64 2,627 621 928 4,240 Essex 483 7,341 2,686 1,982 12,492 Gloucester 1,008 5,261 1,424 1,308 9,001 Hudson 722 5,504 1,585 1,244 9,055 Hunterdon 31 1,463 854 876 3,224 Mercer 126 4,343 1,877 1,286 7,632 Middlesex 1,891 8,539 3,711 2,617 16,758 Monmouth 117 6,442 3,241 2,790 12,590 Morris 133 5,257 2,561 2,570 10,521 Ocean 68 5,576 2,708 4,507 12,859 Passaic 113 4,708 1,952 1,488 8,261 Salem 197 1,036 414 565 2,212 Somerset 236 3,533 1,589 1,701 7,059 Sussex 48 1,517 835 1,197 3,597 Union 1,143 5,666 2,450 1,723 10,982 Warren 102 1,541 672 673 2,988 Total in State 7,320 93,726 40,206 40,938 182,190
    Table G—2011 New Jersey Statewide Emissions Inventory by County and Source Sector County NOX
  • tons per year
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 110 807 3,926 1,909 6,752 Bergen 714 2,570 9,852 4,539 17,675 Burlington 266 1,309 5,952 2,765 10,292 Camden 433 1,408 5,463 2,216 9,520 Cape May 600 288 1,500 1,988 4,376 Cumberland 721 437 1,418 1,460 4,036 Essex 1,470 2,107 5,934 5,138 14,649 Gloucester 1,765 732 3,618 2,364 8,479 Hudson 1,087 1,605 3,152 4,731 10,575 Hunterdon 181 366 2,663 1,026 4,236 Mercer 634 1,194 4,661 1,593 8,082 Middlesex 1,647 2,217 9,045 3,826 16,735 Monmouth 151 1,665 5,570 3,586 10,972 Morris 122 1,556 6,046 2,160 9,884 Ocean 252 1,413 4,430 2,778 8,873 Passaic 48 1,210 3,566 1,500 6,324 Salem 1,540 182 1,952 476 4,150 Somerset 168 969 4,102 1,721 6,960 Sussex 39 395 1,203 634 2,271 Union 2,532 1,405 5,984 3,979 13,900 Warren 314 322 2,317 443 3,396 Total in State 14,793 24,157 92,356 50,834 182,140
    Table H—2011 New Jersey Statewide Emissions Inventory by County and Source Sector County CO
  • tons per year
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 179 4,493 13,740 13,553 31,965 Bergen 278 4,861 53,500 53,631 112,270 Burlington 356 6,734 27,653 21,635 56,378 Camden 140 6,243 23,922 16,981 47,286 Cape May 61 1,607 6,039 13,250 20,957 Cumberland 234 3,198 6,729 5,989 16,150 Essex 630 4,616 32,647 25,006 62,899 Gloucester 510 2,436 16,487 13,377 32,810 Hudson 334 4,083 18,606 12,513 35,536 Hunterdon 50 1,209 9,367 9,523 20,149 Mercer 183 5,374 21,211 15,090 41,858 Middlesex 1,753 4,707 45,777 35,120 87,357 Monmouth 239 4,351 36,065 30,219 70,874 Morris 84 3,194 31,289 31,670 66,237 Ocean 534 7,500 26,667 26,043 60,744 Passaic 32 2,343 21,629 17,169 41,173 Salem 554 774 4,001 3,378 8,707 Somerset 104 1,976 17,650 22,599 42,329 Sussex 74 1,216 7,745 8,038 17,073 Union 576 3,318 27,597 21,827 53,318 Warren 150 2,110 7,362 5,369 14,991 Total in State 7,055 76,341 455,683 401,977 941,056
    Table I—2011 New Jersey Statewide Emissions Inventory by County and Source Sector County PM2.5
  • tons per year
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 13 694 144 133 984 Bergen 143 992 416 362 1,913 Burlington 39 1,166 230 176 1,611 Camden 41 976 211 144 1,372 Cape May 139 307 52 154 652 Cumberland 200 542 52 82 876 Essex 185 898 231 227 1,541 Gloucester 330 542 138 142 1,152 Hudson 100 765 127 239 1,231 Hunterdon 16 319 98 87 520 Mercer 102 856 189 152 1,299 Middlesex 411 1,010 356 305 2,082 Monmouth 37 972 194 271 1,474 Morris 18 641 221 209 1,089 Ocean 45 1,230 155 214 1,644 Passaic 2 499 143 124 768 Salem 219 199 80 36 534 Somerset 18 428 152 160 758 Sussex 13 300 44 70 427 Union 600 688 240 236 1,764 Warren 39 398 83 45 565 Total in State 2,710 14,420 3,557 3,567 24,254
    Table J—2011 New Jersey Statewide Emissions Inventory by County and Source Sector County PM10
  • tons per year
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 22 929 189 140 1,280 Bergen 152 1,328 647 381 2,508 Burlington 78 1,573 352 185 2,188 Camden 571 1,111 325 152 2,159 Cape May 156 586 69 164 975 Cumberland 226 1,055 70 86 1,437 Essex 191 1,158 339 236 1,924 Gloucester 332 1,109 210 149 1,801 Hudson 103 965 189 250 1,507 Hunterdon 16 829 137 92 1,074 Mercer 113 1,091 291 159 1,654 Middlesex 486 1,585 522 321 2,913 Monmouth 42 1,763 321 286 2,412 Morris 47 935 330 221 1,533 Ocean 50 2,023 260 226 2,559 Passaic 3 633 219 130 985 Salem 241 436 98 39 814 Somerset 40 705 226 170 1,140 Sussex 23 599 75 75 772 Union 667 926 349 248 2,191 Warren 53 733 111 47 944 Total in State 3,611 22,072 5,328 3,757 34,768
    Table K—2011 New Jersey Statewide Emissions Inventory by County and Source Sector County SO2
  • tons per year
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 107 276 29 61 473 Bergen 67 503 103 50 723 Burlington 87 318 55 143 603 Camden 48 299 50 219 616 Cape May 1,295 89 10 40 1,434 Cumberland 348 287 9 31 675 Essex 248 498 57 386 1,189 Gloucester 742 206 33 391 1,372 Hudson 1,083 300 28 435 1,846 Hunterdon 3 304 21 6 334 Mercer 624 280 43 10 957 Middlesex 235 406 88 73 802 Monmouth 31 334 71 264 700 Morris 4 579 62 77 722 Ocean 26 374 53 42 495 Passaic 13 257 37 5 312 Salem 1,256 106 10 8 1,380 Somerset 12 189 38 9 248 Sussex 11 474 14 3 502 Union 123 332 54 577 1,086 Warren 52 259 16 3 330 Total in State 6,415 6,669 879 2,836 16,799
    Table L—2011 New Jersey Statewide Emissions Inventory by County and Source Sector County NH3
  • tons per year
  • Point sources Area sources Onroad sources Nonroad sources Total
  • anthropogenic
  • Atlantic 14 194 90 1.70 299.70 Bergen 372 380 282 4.81 1,038.81 Burlington 39 471 141 2.15 653.15 Camden 20 246 127 1.66 394.66 Cape May 3 75 31 1.80 110.80 Cumberland 30 404 26 0.88 460.88 Essex 41 322 170 2.43 535.43 Gloucester 16 324 86 1.30 427.30 Hudson 26 230 80 2.10 338.10 Hunterdon 2 417 61 1.02 481.02 Mercer 10 216 108 1.92 335.92 Middlesex 162 370 262 3.90 797.90 Monmouth 47 616 213 3.45 879.45 Morris 3 230 185 2.78 420.78 Ocean 41 209 155 3.29 408.29 Passaic 1 182 105 1.75 289.75 Salem 59 644 29 0.41 732.41 Somerset 2 228 111 1.99 342.99 Sussex 0 321 38 0.89 359.89 Union 127 226 161 1.89 515.89 Warren 6 694 46 0.53 746.53 Total in State 1,021 6,997 2,506 42.66 10,569.65
    III. What action is the EPA proposing to take?

    The New Jersey emission inventory SIP revision will ensure that the requirements for emission inventory measures and reporting are adequately met. To comply with the emission inventory requirements, New Jersey submitted a complete inventory containing point, area, on-road, and non-road mobile source data, and accompanying documentation. EPA is proposing to approve the SIP revision submittal as meeting the essential reporting requirements for emissions inventories. EPA has also determined that the SIP revision meets the requirements for emission inventories in accordance with EPA guidance.

    Therefore, EPA is proposing to approve a revision to the New Jersey SIP which pertains to the following: 2011 calendar year summer season daily and annual ozone precursor emissions emission inventories for VOC, NOX and CO for the Northern New Jersey-New York-Connecticut and the Southern New Jersey-Philadelphia ozone nonattainment areas. In addition, the EPA is proposing to approve the 2011 calendar year PM2.5/Regional Haze emissions inventory that was developed statewide for New Jersey. The pollutants included in the inventory are annual emissions for VOC, NOX, PM2.5, PM10, NH3 and SO2. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA Region 2 Office by the method discussed in the ADDRESSES section of this action.

    IV. Statutory and Executive Order Reviews

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

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

    • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and the EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action.

    List of Subjects in 40 CFR Part 52

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

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: March 16, 2017. Catherine R. McCabe, Acting Regional Administrator, Region 2.
    [FR Doc. 2017-07137 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2013-0772; FRL-9960-93-Region 4] Air Plan Approval; North Carolina; Motor Vehicle Emissions Control Program; Correcting Amendment AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed action, taken under the authority of the Clean Air Act, would correct an error in previously promulgated rules approving certain elements of the North Carolina state implementation plan (SIP). This error relates to the North Carolina SIP's Motor Vehicle Emissions Control Standard rules and the correction removes a provision of the State's otherwise federally-enforceable regulations that could result in infringement upon the sovereign immunity of Federal facilities. The intended effect is to ensure that the North Carolina SIP is correctly identified in the applicable part of the Code of Federal Regulations and to eliminate the possibility of such infringement.

    DATES:

    Written comments must be received on or before May 10, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2013-0772 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mrs. Sheckler can be reached via phone at (404) 562-9992 or electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Final Rules Section of this Federal Register, EPA is approving the State's implementation plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

    Dated: March 15, 2016. V. Anne Heard, Acting Regional Administrator, Region 4.
    [FR Doc. 2017-07034 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0048; FRL-9960-53-Region 4] Air Plan Approval; Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQS AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve the portion of the State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet's Division of Air Quality on August 26, 2016, regarding the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the Kentucky portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana 2008 8-hour ozone nonattainment area (hereinafter referred to as the “Cincinnati-Hamilton, OH-KY-IN Area” or “Area”). The Area consists of Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio; portions of Boone, Campbell, Kenton Counties in Kentucky; and a portion of Dearborn County in Indiana. This action is being taken pursuant to the Clean Air Act and its implementing regulations.

    DATES:

    Written comments must be received on or before May 10, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2017-0048 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    In the Final rules section of this Federal Register, EPA is approving the portion of Kentucky's August 26, 2016, SIP revision addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN Area as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule and incorporated herein by reference. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all adverse comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

    Dated: March 15, 2017. V. Anne Heard, Acting Regional Administrator, Region 4.
    [FR Doc. 2017-07027 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0292; FRL-9960-58-Region 4] Air Plan Approval; Georgia; Inspection and Maintenance Program Updates AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve the State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division on August 6, 2014, pertaining to rule changes for the Georgia Inspection and Maintenance program. EPA is approving this SIP revision as modified by GA EPD through a December 1, 2016, partial withdrawal letter. EPA is proposing this action because the State has demonstrated that these portions of the SIP revision are consistent with the Clean Air Act.

    DATES:

    Written comments must be received on or before May 10, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2015-0292 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong can be reached via telephone at (404) 562-8726 or via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Final Rules Section of this Federal Register, EPA is approving the State's August 6, 2014 SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. As discussed in the direct final rule, GA EPD submitted a partial withdrawal letter to EPA on December 1, 2016, withdrawing the proposed revision to Georgia Rule 391-3-20-.06, “On Road Testing,” from the SIP revision. Therefore, that rule is no longer part of the SIP revision that EPA is proposing to approve. A detailed rationale for the approval is set forth in the direct final rule and incorporated herein by reference. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all adverse comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

    Dated: March 15, 2017. V. Anne Heard, Acting Regional Administrator, Region 4.
    [FR Doc. 2017-07033 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 174 and 180 [EPA-HQ-OPP-2017-0006; FRL-9959-61] Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of filing of petitions and request for comment.

    SUMMARY:

    This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

    DATES:

    Comments must be received on or before May 10, 2017.

    ADDRESSES:

    Submit your comments, identified by the docket identification (ID) number and the pesticide petition number (PP) of interest as shown in the body of this document, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Michael Goodis, Registration Division (RD) (7505P), main telephone number: (703) 305-7090; email address: [email protected] The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. As part of the mailing address, include the contact person's name, division, and mail code.

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

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT for the division listed at the end of the pesticide petition summary of interest.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

    II. What action is the Agency taking?

    EPA is requesting the establishment or modification of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities.

    The Agency is taking public comment on the requests before responding to the petitioners. EPA is not proposing any particular action at this time. EPA has determined that the pesticide petitions described in this document contain the data or information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petitions. After considering the public comments, EPA intends to evaluate whether and what action may be warranted. Additional data may be needed before EPA can make a final determination on these pesticide petitions.

    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions that are the subject of this document, prepared by the petitioner, is included in a docket EPA has created for each rulemaking. The docket for each of the petitions is available at http://www.regulations.gov.

    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the petitions so that the public has an opportunity to comment on these requests for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petitions may be obtained through the petition summaries referenced in this unit.

    New Tolerances

    1. PP 6E8492. (EPA-HQ-OPP-2016-0495). Interregional Research Project No. 4 (IR-4) Project Headquarters, Rutgers, The State University of NJ, 500 College Road East, Suite 201, W, Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part 180 for residues of prometryn in or on the raw agricultural commodity celtuce at 0.5 parts per million (ppm). Contact: RD.

    2. PP 6E8516. (EPA-HQ-OPP-2016-0650). Interregional Research Project No. 4 (IR-4) Project Headquarters, Rutgers, The State University of NJ, 500 College Road East, Suite 201, W, Princeton, NJ 08540, requests to establish tolerance in 40 CFR 180.650 by establishing tolerances for residues of isoxaben N-[3-(1-ethyl-1-methylpropyl)-5-isoxazolyl]-2, 6-dimethoxybenzamide in or on the raw agricultural commodities apple at 0.01 parts per million (ppm), the bushberry subgroup 13-07B at 0.01 ppm, the fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 0.01 ppm and the nut, tree, group 14-12 at 0.02 ppm. An acceptable analytical method is available for enforcement purposes. Contact: RD.

    3. PP 6E8534. (EPA-HQ-OPP-2017-0032). Bayer CropScience, LP., 2 T.W. Alexander Drive, P.O. Box 12014, Research triangle Park, NC 27709, requests to establish an import tolerance in 40 CFR part 180 for residues of the fungicide tebuconazole in or on ginseng, fresh at 0.15 parts per million (ppm); and ginseng, dried/red at 0.4 (ppm). An enforcement method for plant commodities has been validated on various commodities. It has undergone successful EPA validation and has been submitted for inclusion in PAM II. The animal method has also been approved as an adequate enforcement method. Contact: RD.

    New Tolerance Exemptions

    1. PP IN-11002. (EPA-HQ-OPP-2017-0012). Spring Trading Company, LLC., (203 Dogwood Trail, Magnolia, TX 77354) on behalf of Ingevity Corporation, 5255 Virginia Avenue, North Charleston, SC 29406, requests to establish an exemption from the requirement of a tolerance for residues of tall oil fatty acid (CAS Reg. No. 61790-12-3) when used as an inert ingredient in pesticide formulations applied to growing crops and raw agricultural commodities after harvest under 40 CFR 180.910; application to animals under 40 CFR 180.930 and application to food-contact surface sanitizing solutions under 40 CFR 180.940. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

    2. PP IN-11004. (EPA-HQ-OPP-2016-0780). Clariant Corporation, 4000 Monroe Road, Charlotte, NC 28205, requests to establish exemptions from the requirement of a tolerance in 40 CFR 180.960 for residues of oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, ammonium salt (CAS Reg. No. 57608-14-7) and oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, potassium salt (CAS Reg. No. 1838191-48-2) having a minimum number average molecular weight in (amu) of 1,800 when used as inert ingredients in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

    Amended Tolerances

    PP 6E8516. (EPA-HQ-OPP-2016-0650). Interregional Research Project No. 4 (IR-4) Project Headquarters, Rutgers, The State University of NJ, 500 College Road East, Suite 201, W, Princeton, NJ 08540, requests to remove the tolerances in 40 CFR 180.650 for residues of isoxaben N-[3-(1-ethyl-1-methylpropyl)-5-isoxazolyl]-2, 6-dimethoxybenzamide in or on the raw agricultural commodities grape at 0.01 ppm; nut, tree, group 14 at 0.02 ppm; and pistachio at 0.02 ppm. An acceptable analytical method is available for enforcement purposes. Contact: RD.

    Authority:

    21 U.S.C. 346a.

    Dated: March 7, 2017. Hamaad Syed, Acting Director, Information Technology and Resources Management Division, Office of Pesticide Programs.
    [FR Doc. 2017-07128 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
    82 67 Monday, April 10, 2017 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request April 5, 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 10, 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), [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.

    Food and Nutrition Service

    Title: Food Distribution Program on Indian Reservations (FDPIR) Paraprofessional Nutrition Training Assessment for Indian Tribal Organizations (ITOs).

    OMB Control Number: 0584-NEW.

    Summary of Collection: The Food Distribution Division (FDD) at the Food and Nutrition Service is considering developing and delivering a paraprofessional nutrition training program for Food Distribution Program on Indian Reservation staff within Indian Tribal Organizations (ITOs). The objective of the FDPIR Paraprofessional Nutrition Training Assessment for Indian Tribal Organizations is to provide FNS with information of the best way to deliver the training to staff.

    Need and Use of the Information: This data collection will help FNS to assess interest in a paraprofessional training project, determine the nutrition training topics that are most valued by ITOs and FDPIR staff, determine the most effective and culturally relevant format for training; and, determine the motivational factors for staff that might influence their participation in nutrition training.

    Description of Respondents: 23 (ITOs) at the State, Local or Tribal Government.

    Number of Respondents: 99 Staff Members.

    Frequency of Responses: Reporting: Annually.

    Total Burden Hours: 81.80.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-07144 Filed 4-7-17; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF AGRICULTURE Office of the Secretary Meeting Notice of the National Agricultural Research, Extension, Education, and Economics Advisory Board AGENCY:

    Research, Education, and Economics, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, the National Agricultural Research, Extension, and Teaching Policy Act of 1977, and the Agricultural Act of 2014, the United States Department of Agriculture (USDA) announces a meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board.

    DATES:

    May 16-18, 2017. The public may file written comments before or up to June 1, 2017.

    ADDRESSES:

    Hilton Crystal City at Washington Reagan National Airport, 2399 Jefferson Davis Highway, Arlington, Virginia 22202.

    Written comments may be sent to: The National Agricultural Research, Extension, Education, and Economics Advisory Board Office, Room 332A, Whitten Building, United States Department of Agriculture, STOP 0321, 1400 Independence Avenue SW., Washington, DC 20250-0321.

    FOR FURTHER INFORMATION CONTACT:

    Michele Esch, Executive Director/Designated Federal Official, or Shirley Morgan-Jordan, Program Support Coordinator, National Agricultural Research, Extension, Education, and Economics Advisory Board; telephone: (202) 720-3684; fax: (202) 720-6199; or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the meeting: To provide advice and recommendations on the top priorities and policies for food and agricultural research, education, extension, and economics. The main focus of this meeting will be on the review of the relevance and adequacy of the climate and energy needs programs of the USDA Research, Education, and Extension mission area. The Board will also receive updates and information pertinent to the research, education, and economics activities in USDA. A detailed agenda may be received from the contact person identified in this notice or at https://nareeeab.ree.usda.gov/meetings/general-meetings.

    Tentative Agenda: On Tuesday, May 16, 2017, the meeting will be held from 12:00 noon EDT and end by 5:00 p.m. EDT.

    On Wednesday, May 17, 2017, the Advisory Board will convene at 8:00 a.m.-5:00 p.m. EDT.

    On Thursday, May 18, 2017, the Board will reconvene at 8:00 a.m. EDT and will adjourn by 12:00 p.m. (noon) EDT.

    Public Participation: This meeting is open to the public and any interested individuals wishing to attend. Opportunity for public comment will be offered each day of the meeting. To attend the meeting and/or make oral statements regarding any items on the agenda, you must contact Michele Esch or Shirley Morgan-Jordan at 202-720-3684; email: [email protected] at least 5 business days prior to the meeting. Members of the public will be heard in the order in which they sign up at the beginning of the meeting. The Chair will conduct the meeting to facilitate the orderly conduct of business. Written comments by attendees or other interested stakeholders will be welcomed for the public record before and up to two weeks following the Board meeting (or by close of business Thursday, June 1, 2017). All written statements must be sent to Michele Esch, Designated Federal Officer and Executive Director, National Agricultural Research, Extension, Education, and Economics Advisory Board, U.S. Department of Agriculture, Room 332A, Jamie L. Whitten Building, Mail Stop 0321,1400 Independence Avenue SW., Washington, DC 20250-0321; or email: [email protected] All statements will become a part of the official record of the National Agricultural Research, Extension, Education, and Economics Advisory Board and will be kept on file for public review in the Research, Education, and Economics Advisory Board Office.

    Done at Washington, DC this 24th day of March 2017. Ann Bartuska, Acting, Under Secretary, Research, Education, and Economics.
    [FR Doc. 2017-07024 Filed 4-7-17; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2017-0018] Southern Gardens Citrus Nursery, LLC; Notice of Intent To Prepare an Environmental Impact Statement for Permit for Release of Genetically Engineered Citrus tristeza virus AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    We are announcing to the public that the Animal and Plant Health Inspection Service (APHIS) intends to prepare an environmental impact statement (EIS) evaluating the environmental impacts that may result from the potential approval of an application from Southern Gardens Citrus Nursery, LLC, seeking a permit for the environmental release of genetically engineered Citrus tristeza virus (CTV). The virus has been genetically engineered to express defensin proteins from spinach as an approach to manage citrus greening disease throughout the State of Florida. APHIS considers this genetically engineered CTV to be a biological control agent since it is a biological organism intended to help manage citrus greening disease. Issues to be addressed in the EIS include the potential environmental impacts to managed natural and non-agricultural lands, agricultural production systems, the physical environment, biological resources, human health, socioeconomics, federally listed threatened or endangered species, and cultural or historic resources. We are also requesting public comments to further delineate the scope of the alternatives and environmental impacts and issues to be included in this EIS.

    DATES:

    We will consider all comments that we receive on or before May 10, 2017.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0018.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2017-0018, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0018 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Alan Pearson, Chief, Plants, Pests, and Protectants Branch, Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-1238; (301) 851-3944, email: [email protected] To obtain copies of the application, contact Ms. Cindy Eck at (301) 851-851-3882, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    Under the authority of the plant pest provisions of the Plant Protection Act (PPA), as amended (7 U.S.C. 7701 et seq.), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such genetically engineered organisms and products are considered “regulated articles.” The regulations in § 340.2 contain a list of organisms considered to be regulated articles, including all members of groups containing plant viruses, and all other plant and insect viruses.

    The regulations in § 340.4(a) provide that any person may submit an application for a permit for the introduction of a regulated article to the Animal and Plant Health Inspection Service (APHIS). Paragraph (b) of § 340.4 describes the form that an application for a permit for the environmental release of a regulated article must take and the information that must be included in the application. In addition, paragraph (b) states that applications must be submitted at least 120 days in advance of the proposed release into the environment in order to allow for APHIS review. However, the 120-day review period would be extended if preparation of an environmental impact statement is necessary.

    On February 13, 2017, APHIS received a permit application from Southern Gardens Citrus Nursery, LLC (APHIS Permit Number 17-044-101r) for the environmental release of Citrus tristeza virus (CTV) genetically engineered to express defensin proteins from spinach as an approach to manage citrus greening disease. Citrus greening disease, also called huanglongbing, was first detected in the United States in 2005 in Florida, and has since become a devastating disease of citrus in Florida. There is no known cure for citrus greening disease.

    The genetically engineered CTV expressing antimicrobial peptides to control citrus greening disease has been field tested in Hendry and Polk Counties, FL, since June 2010 under confined conditions that restrict the virus to the site of the field test. APHIS has provided significant oversight of these confined field trials and has not detected any negative impacts on the environment, including threatened and endangered species. Permitted field trials are planned and in progress in a number of regions in Florida to determine the efficacy of expression of spinach defensins by CTV. The action proposed in the permit application under consideration is to commercialize the use of genetically engineered CTV as a biological means to manage citrus greening disease in Florida. The environmental impact statement (EIS) will evaluate the environmental impacts associated with this action throughout the State of Florida. Decisions on where the genetically engineered CTV would be deployed would be determined by Southern Gardens Citrus Nursery, LLC, in agreements with growers, and deployment would be monitored by APHIS. The genetically engineered CTV would be applied to citrus trees by grafting (i.e., not by spraying the trees by ground or air).

    Under the provisions of the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.), Federal agencies must examine the potential environmental impacts of proposed major Federal actions that may significantly affect the quality of the human environment before those actions can be taken. In accordance with NEPA, regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508), U.S. Department of Agriculture regulations implementing NEPA (7 CFR part 1b), and APHIS' NEPA Implementing Procedures (7 CFR part 372), APHIS has considered how to properly examine the potential environmental impacts of issuing permits for the introduction of genetically engineered regulated articles into the United States.

    In reviewing Southern Gardens Citrus Nursery, LLC's permit application, APHIS has determined that the commercial release of genetically engineered CTV does not involve genetically engineering citrus trees, and that use of the genetically engineered CTV will have no impact on the genetics of the trees. However, APHIS has decided to prepare an EIS to better understand the potential for environmental impacts associated with the issuance of a permit. The EIS will examine the broad and cumulative environmental impacts of the requested permit, including potential impacts of the proposed action on the human environment and alternative courses of action. This notice identifies potential issues and alternatives that we will study in the EIS and requests public comment to further delineate the issues and the scope of the alternatives. The State of Florida will be a cooperating agency for the preparation of the EIS.

    Alternatives

    The Federal action being considered is whether to approve the permit request from Southern Gardens Citrus Nursery, LLC. This notice identifies reasonable alternatives and potential issues that may be studied in the EIS. We are requesting public comments to further delineate the range of alternatives and environmental impacts and issues to be evaluated in the EIS for the permit application.

    The EIS will consider a range of reasonable alternatives. APHIS is currently considering two alternatives: (1) Take no action, i.e., APHIS would not approve the permit request, or (2) approve the permit request from Southern Gardens Citrus Nursery, LLC.

    Environmental Issues for Consideration

    We have also identified the following potential environmental issues for consideration in the EIS. We are requesting that the public provide information on the following questions during the comment period on this notice:

    • Are there any new or greater plant pest or environmental risks or apparent benefits associated with the strategy of using genetically engineered CTV instead of the currently available approaches to manage citrus greening disease? If so, please explain.

    • The EIS will focus on the development and use of genetic engineering to offer a novel pest control program. Are there any environmental risks that APHIS should consider in detail for CTV expressing spinach defensin?

    • What are the potential risks of nontarget impacts associated with this technology?

    Comments that identify other issues or alternatives that should be considered for examination in the EIS would be especially helpful. All comments received during the scoping period will be carefully considered in developing the final scope of the EIS. Upon completion of the draft EIS, a notice announcing its availability and an opportunity to comment on it will be published in the Federal Register.

    Authority:

    7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 4th day of April 2017. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2017-07106 Filed 4-7-17; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection: Comment Request: Form FNS-583, Supplemental Nutrition Assistance Program Employment and Training Program Activity Report AGENCY:

    Food and Nutrition Service (FNS), USDA.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act, this notice invites the public and other public agencies to comment on a proposed information collection burden for the Supplemental Nutrition Assistance Program (SNAP), Employment and Training (E&T) Program, currently approved under OMB No. 0584-0339. This is an extension without revision of a currently approved collection. The burden estimate remains 21,889 hours.

    DATES:

    Submit written comments on or before June 9, 2017.

    ADDRESSES:

    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 will have practical utility; (b) the accuracy of the agency's estimate of burden of the proposed collection of information, including 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 those who are to respond, including through the use of appropriate automated, electronic, mechanical or other technological collection techniques or other form of information technology.

    Comments may be sent to Sasha Gersten-Paal, Acting Chief, Program Design Branch, Program Development Division, Supplemental Nutrition Assistance Program, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 810, Alexandria, Virginia 22302. Comments may also be submitted via fax to the attention of Sasha Gersten-Paal at 703-305-2454 or via email to [email protected]

    Comments will also be accepted through the Federal eRulemaking Portal. Go to http://www.regulations.gov and follow the online instructions for submitting comments electronically. All written comments will be open for public inspection at the office of the Food and Nutrition Service located at 3101 Park Center Drive, Room 810, Alexandria, Virginia 22302, during regular business hours (8:30 a.m. to 5 p.m., Monday through Friday).

    All responses to this notice will be summarized and included in the request for Office of Management and Budget approval. All comments will also become a matter of public record.

    FOR FURTHER INFORMATION CONTACT:

    Request for additional information or copies of this information collection should be directed to Sasha Gersten-Paal at (703) 305-2507.

    SUPPLEMENTARY INFORMATION:

    Title: Employment and Training Program Activity Report.

    OMB Number: 0584-0339.

    Expiration Date: June 30, 2014.

    Type of Request: Extension without revision of a currently approved collection.

    Abstract: 7 CFR 273.7(c)(9) requires State agencies to submit quarterly E&T Program Activity Reports containing monthly figures for participation in the program. FNS uses Form FNS-583, to collect participation data. The information collected on the FNS-583 report includes:

    • On the first quarter report, the number of work registrants receiving SNAP as of October 1 of the new fiscal year;

    • On each quarterly report, by month, the number of new work registrants; the number of able-bodied adults without dependents (ABAWDs) applicants and recipients participating in qualifying components; the number of all other applicants and recipients (including ABAWDs involved in non-qualifying activities) participating in components; and the number of ABAWDs exempt under the State agency's 15 percent exemption allowance;

    • On the fourth quarter report, the total number of individuals who participated in each component, which is also sorted by ABAWD and non-ABAWD participants and the number of individuals who participated in the E&T Program during the fiscal year.

    7 CFR 273.7(d)(1)(i)(D) provides that if a State agency will not expend all of the funds allocated to it for a fiscal year, FNS will reallocate unexpended funds to other State agencies during the fiscal year or the subsequent fiscal year as FNS considers appropriate and equitable. After FNS makes initial E&T allocations, State agencies may request more funds as needed. Typically FNS receives fourteen such requests per year.

    The time it takes to prepare these requests is included in the burden. After receiving the State requests, FNS will reallocate unexpended funds as provided above. The following is the estimated burden for E&T reporting including the burden for State agencies to request additional funds.

    Reporting FNS-583 Report

    Frequency: 4.

    Affected Public: State Agency.

    Number of Respondents: 53.

    Number of Responses: 684. (Note this reflects multiple responses within the FNS-583 form; In aggregate, 53 State Agencies submit 1 form each quarter or 212 total responses per year.)

    Estimated Time per Response: 31.9363 hours per State agency.

    Estimated Total Annual Reporting Burden: 21,844.40 hours.

    Requests for Additional Funds

    Frequency: .2641.

    Affected Public: State Agency.

    Number of Respondents: 53.

    Number of Responses: 14.

    Estimated Time per Response: 1.00 hour per request.

    Estimated Total Annual Reporting Burden: 14 hours.

    Recordkeeping FNS-583 Report

    Number of Respondents: 53.

    Number of Records: 212.

    Number of Hours per Record: 0.137 hours.

    Estimated Total Annual Recordkeeping Burden: 29.04 hours.

    Requests for Additional Funds

    Number of Respondents: 53.

    Number of Records: 14.

    Number of Hours per Record: 0.137 hours.

    Estimated Total Annual Recordkeeping Burden: 1.92 hours.

    Total Annual Reporting and Recordkeeping Burden [Compiling and Reporting for the FNS-583 and Requests for More Funding] [SNAP Employment and Training Program Activity Report] Section of regulation Title Number of
  • respondents
  • Reports filed
  • annually
  • Total
  • responses
  • (C × D)
  • Estimated
  • number of
  • hours per
  • response
  • Estimated
  • total hours
  • (C × D × F)
  • A B C D E F G REPORTING 7 CFR 273.7(c)(8) Compile and report new work registrants on FNS-583 53 4 212 90.94 19,278.28 7 CFR 273.24(g) Compile and report 15 percent ABAWD exemptions on FNS-583 12* 4 48 4.59 220.32 7 CFR 273.7(f) Compile and report E&T activities (placements) on FNS-583 53 4 212 10.10 2,142.20 7 CFR 273.7(C)(8) Preparing FNS-583:
  • States filing electronically
  • States filing manually 50
  • 3
  • 4
  • 4
  • 200
  • 12
  • 1.00
  • 0.3
  • 200
  • 3.6
  • 7 CFR 273.7(d)(1)(i)(F) Preparing requests for more funds after initial allocation 53 0.2641 14 1 14 Total Reporting for FNS-583 and Additional Funds Requests 53 13.1698 698 31.32 21,858.40 RECORDKEEPING 7 CFR 277.12 Recordkeeping burden for FNS-583 53 4 212 0.137 29.04 7 CFR 277.12 Record-keeping burden for additional requests 53 0.26415 14 0.137 1.92 Total Recordkeeping Burden for FNS 583 and Additional Funds Requests 53 4.26 226 0.137 30.96 SUMMARY Total All Burdens 53 17.43 924 23.689 21,889.36 * There are 12 States without statewide waivers of the time-limit that will likely use 15 percent exemptions.
    Dated: March 16, 2017. Jessica Shahin, Acting Administrator, Food and Nutrition Service.
    [FR Doc. 2017-07113 Filed 4-7-17; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF AGRICULTURE Food and Nutrition Service Child Nutrition Programs: Income Eligibility Guidelines AGENCY:

    Food and Nutrition Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2017 through June 30, 2018. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.

    DATES:

    Effective July 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    This action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that Act.

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), no recordkeeping or reporting requirements have been included that are subject to approval from the Office of Management and Budget.

    This notice has been determined to be not significant and was not reviewed by the Office of Management and Budget in conformance with Executive Order 12866. The affected programs are listed in the Catalog of Federal Domestic Assistance under No. 10.553, No. 10.555, No. 10.556, No. 10.558, and No. 10.559 and are subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR part 415).

    Background

    Pursuant to sections 9(b)(1) and 17(c)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1) and 42 U.S.C. 1766(c)(4)), and sections 3(a)(6) and 4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)(6) and 1773(e)(1)(A)), the Department annually issues the Income Eligibility Guidelines for free and reduced price meals for the National School Lunch Program (7 CFR part 210), the Commodity School Program (7 CFR part 210), School Breakfast Program (7 CFR part 220), Summer Food Service Program (7 CFR part 225) and Child and Adult Care Food Program (7 CFR part 226) and the guidelines for free milk in the Special Milk Program for Children (7 CFR part 215).

    These eligibility guidelines are based on the Federal income poverty guidelines and are stated by household size. The guidelines are used to determine eligibility for free and reduced price meals and free milk in accordance with applicable program rules.

    Definition of Income

    In accordance with the Department's policy as provided in the Food and Nutrition Service publication Eligibility Manual for School Meals, “income,” as the term is used in this notice, continues to mean income before any deductions such as income taxes, Social Security taxes, insurance premiums, charitable contributions, and bonds. It includes the following: (1) Monetary compensation for services, including wages, salary, commissions or fees; (2) net income from nonfarm self-employment; (3) net income from farm self-employment; (4) Social Security; (5) dividends or interest on savings or bonds or income from estates or trusts; (6) net rental income; (7) public assistance or welfare payments; (8) unemployment compensation; (9) government civilian employee or military retirement, or pensions or veterans payments; (10) private pensions or annuities; (11) alimony or child support payments; (12) regular contributions from persons not living in the household; (13) net royalties; and (14) other cash income. Other cash income would include cash amounts received or withdrawn from any source including savings, investments, trust accounts and other resources that would be available to pay the price of a child's meal.

    “Income”, as the term is used in this notice, does not include any income or benefits received under any Federal programs that are excluded from consideration as income by any statutory prohibition. Furthermore, the value of meals or milk to children shall not be considered as income to their households for other benefit programs in accordance with the prohibitions in section 12(e) of the Richard B. Russell National School Lunch Act and section 11(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1760(e) and 1780(b)).

    The Income Eligibility Guidelines

    The following are the Income Eligibility Guidelines to be effective from July 1, 2017 through June 30, 2018. The Department's guidelines for free meals and milk and reduced price meals were obtained by multiplying the year 2017 Federal income poverty guidelines by 1.30 and 1.85, respectively, and by rounding the result upward to the next whole dollar.

    This notice displays only the annual Federal poverty guidelines issued by the Department of Health and Human Services because the monthly and weekly Federal poverty guidelines are not used to determine the Income Eligibility Guidelines. The chart details the free and reduced price eligibility criteria for monthly income, income received twice monthly (24 payments per year); income received every two weeks (26 payments per year) and weekly income.

    Income calculations are made based on the following formulas: Monthly income is calculated by dividing the annual income by 12; twice monthly income is computed by dividing annual income by 24; income received every two weeks is calculated by dividing annual income by 26; and weekly income is computed by dividing annual income by 52. All numbers are rounded upward to the next whole dollar.

    The numbers reflected in this notice for a family of four in the 48 contiguous States, the District of Columbia, Guam and the territories represent an increase of 1.2 percent over last year's level for a family of the same size.

    Authority:

    Section 9(b)(1)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A)).

    BILLING CODE 3410-30-P EN10AP17.001 Dated: March 28, 2017. Jessica Shahin, Acting Administrator, Food and Nutrition Service, U.S. Department of Agriculture.
    [FR Doc. 2017-07043 Filed 4-7-17; 8:45 am] BILLING CODE 3410-30-C
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Arkansas Advisory Committee To Discuss Civil Rights Topics in the State AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Arkansas Advisory Committee (Committee) will hold a meeting on Monday, April 24, 2017, at 12:00 noon CST for the purpose of a discussion on civil rights topics affecting the state.

    DATES:

    The meeting will be held on Monday, April 24, 2017, at 12:00 noon. CST.

    Public Call Information: Dial: 888-287-5530, Conference ID: 7878264.

    FOR FURTHER INFORMATION CONTACT:

    David Barreras, DFO, at [email protected] or 312-353-8311.

    SUPPLEMENTARY INFORMATION:

    Members of the public can listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-287-5530, conference ID: 7878264. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Carolyn Allen at [email protected] Persons who desire additional information may contact the Midwestern Regional Office at (312) 353-8311.

    Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Arkansas Advisory Committee link (http://www.facadatabase.gov/committee/meetings.aspx?cid=236). Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address.

    Agenda: Welcome and Roll Call Civil Rights Topics in Arkansas Future Plans and Actions Public Comment Adjournment Dated: April 4, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-07053 Filed 4-7-17; 8:45 am] BILLING CODE P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Arkansas Advisory Committee To Discuss Civil Rights Topics in the State AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Arkansas Advisory Committee (Committee) will hold a meeting on Monday, May 15, 2017, at 12:00 noon Central for the purpose of a discussion on civil rights topics affecting the state.

    DATES:

    The meeting will be held on Monday, May 15, 2017, at 12:00 noon CST.

    Public Call Information: Dial: 888-554-1430, Conference ID: 8407123

    FOR FURTHER INFORMATION CONTACT:

    David Barreras, DFO, at [email protected] or 312-353-8311

    SUPPLEMENTARY INFORMATION:

    Members of the public can listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-554-1430, conference ID: 8407123. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Carolyn Allen at [email protected] Persons who desire additional information may contact the Midwestern Regional Office at (312) 353-8311.

    Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Arkansas Advisory Committee link (http://www.facadatabase.gov/committee/meetings.aspx?cid=236). Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address.

    Agenda Welcome and Roll Call Civil Rights Topics in Arkansas Future Plans and Actions Public Comment Adjournment Dated: April 5, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-07122 Filed 4-7-17; 8:45 am] BILLING CODE P
    COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Maryland Advisory Committee AGENCY:

    Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a meeting of the Maryland Advisory Committee to the Commission will convene at 10:00 a.m. (EDT) on April 25, 2017 in the Auditorium, Earl C. Graves School of Business & Management, at Morgan State University located at 1700 E. Cold Spring Lane, Baltimore, MD, 21251. The purpose of the briefing meeting is to hear testimony on the impact of the recent Court of Appeals decision on bail policies. The Committee will also hear testimony on whether jurisdictions in Maryland are raising revenue through the use of fines and fees, including traffic tickets, other minor offenses, reimbursement fees for the costs of defense services, fine surcharges, court administrative fees, user fees to defray the costs of incarceration, and probation, parole or other supervision fees and whether these are disparately impacting people of color.

    DATES:

    Tuesday, April 25, 2017, from 10:00 a.m. to 5:00 p.m. EDT.

    ADDRESSES:

    Auditorium, Earl C. Graves School of Business & Management, at Morgan State University located at 1700 E. Cold Spring Lane, Baltimore, MD, 21251.

    FOR FURTHER INFORMATION CONTACT:

    Evelyn Bohor at [email protected], or 202-376-7533

    SUPPLEMENTARY INFORMATION:

    The meeting is free and open to the public. If other persons who plan to attend the meeting require accommodations, please contact Evelyn Bohor at [email protected] at the Eastern Regional Office at least ten (10) working days before the scheduled date of the meeting.

    Time will be set aside at the end of the briefing so that members of the public may address the Committee after the formal presentations have been completed. Persons interested in the issue are also invited to submit written comments; the comments must be received in the regional office by Thursday, May 25, 2017. Written comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, faxed to (202) 376-7548, or emailed to Evelyn Bohor at [email protected] Persons who desire additional information may contact the Eastern Regional Office at (202) 376-7533.

    Records and documents discussed during the meeting will be available for public viewing as they become available at http://facadatabase.gov/committee/meetings.aspx?cid=253 and clicking on the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site, www.usccr.gov, or to contact the Eastern Regional Office at the above phone number, email or street address.

    Tentative Agenda Monday, March 20, 2017 I. Welcome and Introductions II. Briefing 9:15 a.m. to 6:00 p.m. Panel One: Bail Reform Panel Two: Bail Reform Panel Three: Fines and Fees Panel Four: Fines and Fees III. Open Session IV. Adjournment Dated: April 4, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-07059 Filed 4-7-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-21-2017] Foreign-Trade Zone 74—Baltimore, Maryland; Application for Reorganization (Expansion of Service Area) Under Alternative Site Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Baltimore Development Corporation on behalf of the City of Baltimore, grantee of Foreign-Trade Zone 74, requesting authority to reorganize the zone to expand its service area under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR Sec. 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or “usage-driven” FTZ sites for operators/users located within a grantee's “service area” in the context of the FTZ Board's standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on April 5, 2017.

    FTZ 74 was approved by the FTZ Board on January 21, 1982 (Board Order 183, 47 FR 5737, February 8, 1982) and reorganized under the ASF on May 24, 2012 (Board Order 1831, 77 FR 32930, June 4, 2012). The zone currently has a service area that includes the City of Baltimore and the Counties of Anne Arundel, Baltimore, Cecil and Harford.

    The applicant is now requesting authority to expand the service area of the zone to include Howard and Queen Anne Counties, as described in the application. If approved, the grantee would be able to serve sites throughout the expanded service area based on companies' needs for FTZ designation. The application indicates that the proposed expanded service area is adjacent to the Baltimore Customs and Border Protection Port of Entry.

    In accordance with the FTZ Board's regulations, Kathleen Boyce of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board.

    Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is June 9, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to June 26, 2017.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the FTZ Board's Web site, which is accessible via www.trade.gov/ftz. For further information, contact Kathleen Boyce at [email protected] or (202) 482-1346.

    Dated: April 5, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-07103 Filed 4-7-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Sam Rafic Ghanem, 6714 Forsythia Street, Springfield, VA 22150

    On August 12, 2015, in the U.S. District Court for the District of Maryland, Sam Rafic Ghanem (“Ghanem”), was convicted of violating section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (“AECA”). Specifically, Ghanem willfully attempted to export and cause the exportation of firearms parts and accessories designated as defense articles under Category I of the United States Munitions List from the United States to Lebanon without having first obtained the required license or authorization from the U.S. Department of State, Directorate of Defense Trade Controls. Ghanem was sentenced 18 months in prison, three years of supervised release, a criminal fine of $70,734.24, and a $200 assessment.

    Section 766.25 of the Export Administration Regulations (“EAR” or “Regulations”) 1 provides, in pertinent part, that “[t]he Director of the Office of Exporter Services, in consultation with the Director of the Office of Export Enforcement, may deny the export privileges of any person who has been convicted of a violation of the Export Administration Act (“EAA”), the EAR, or any order, license or authorization issued thereunder; any regulation, license, or order issued under the International Emergency Economic Powers Act (50 U.S.C. 1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. 2778).” 15 CFR 766.25(a); see also section 11(h) of the EAA, 50 U.S.C. 4610(h). The denial of export privileges under this provision may be for a period of up to 10 years from the date of the conviction. 15 CFR 766.25(d); see also 50 U.S.C. 4610(h). In addition, section 750.8 of the Regulations states that the Bureau of Industry and Security's Office of Exporter Services may revoke any Bureau of Industry and Security (“BIS”) licenses previously issued in which the person had an interest in at the time of his conviction.

    1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730-774 (2016). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. 4601-4623 (Supp. III 2015) (available at http://uscode.house.gov)). Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)).

    BIS has received notice of Ghanem's conviction for violating the AECA, and has provided notice and an opportunity for Ghanem to make a written submission to BIS, as provided in section 766.25 of the Regulations. Ghanem requested an extension of time to make a written submission to BIS, which was granted, but BIS did not receive a submission from Ghanem.

    Based upon my review and consultations with BIS's Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Ghanem's export privileges under the Regulations for a period of 10 years from the date of Ghanem's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Ghanem had an interest at the time of his conviction.

    Accordingly, it is hereby Ordered:

    First, from the date of this Order until August 12, 2025, Sam Rafic Ghanem, with a last known address of 6714 Forsythia Street, Springfield, VA 22150, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (the “Denied Person”), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Regulations, including, but not limited to:

    A. Applying for, obtaining, or using any license, License Exception, or export control document;

    B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or

    C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations.

    Second, no person may, directly or indirectly, do any of the following:

    A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations;

    B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control;

    C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States;

    D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or

    E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.

    Third, after notice and opportunity for comment as provided in section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Ghanem by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order.

    Fourth, in accordance with part 756 of the Regulations, Ghanem may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of part 756 of the Regulations.

    Fifth, a copy of this Order shall be delivered to the Ghanem. This Order shall be published in the Federal Register.

    Sixth, this Order is effective immediately and shall remain in effect until August 12, 2025.

    Issued: March 31, 2017. Hillary Hess, Acting Director, Office of Exporter Services.
    [FR Doc. 2017-06813 Filed 4-7-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-964] Seamless Refined Copper Pipe and Tube From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review; 2012-2013 AGENCY:

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

    SUMMARY:

    On March 22, 2017, the United States Court of International Trade (“CIT”) issued its final judgment in litigation pursuant to the third antidumping duty administrative review of seamless refined copper pipe and tube from the People's Republic of China, sustaining the final results of remand redetermination pursuant to court order by the Department of Commerce (“the Department”). The Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the antidumping administrative review, and the Department is amending those final results with respect to the weighted-average dumping margin assigned to Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd. (collectively, “Golden Dragon”).

    DATES:

    Effective Date: April 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance—International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-2769.

    SUPPLEMENTARY INFORMATION:

    Background

    On June 15, 2015, the Department published the Final Results. 1 On June 24, 2015, Golden Dragon, the respondent in the underlying proceeding, timely filed a complaint with the CIT to challenge certain aspects of the Final Results. On July 21, 2016, the CIT remanded the Final Results to the Department to further explain or reconsider the application of the value-added tax (“VAT”) adjustment to the export price of Golden Dragon.2 On February 7, 2017, the Department issued its Remand Results, in which the Department determined that all of the copper cathode inputs used by Golden Dragon in the production of subject merchandise were VAT-exempt.3

    1See 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) (“Final Results”).

    2See Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., Golden Dragon Holding (Hong Kong) International, Ltd., and GD Copper (U.S.A.) Inc., v. United States, Slip Op. 16-73, Court No. 15-00177 (CIT 2016) .

    3See Final Results of Redetermination Pursuant to Court Order, Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., Golden Dragon Holding (Hong Kong) International, Ltd., and GD Copper (U.S.A.) Inc., v. United States, Consol. Court No. 15-00177 (February 7, 2017) (“Remand Results”).

    On March 22, 2017, the CIT sustained the Department's Remand Results, and entered final judgment.4

    4See Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., Golden Dragon Holding (Hong Kong) International, Ltd., and GD Copper (U.S.A.) Inc., v. United States, Slip Op. 17-29, Court No. 15-00177 (CIT 2017) .

    Timken Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (“Timken”), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (“Diamond Sawblades”), the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (“the Act”), the Department must publish a notice of a court decision that is not “in harmony” with a Department determination, and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's March 22, 2017, judgment sustaining the Department's Remand Results constitutes a final decision of that court that is not in harmony with the Department's Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or if appealed, pending a final and conclusive court decision.

    Amended Final Results

    Because there is now a final court decision, the Department is amending its Final Results with respect to Golden Dragon's weighted-average dumping margin. The revised weighted-average dumping margin for Golden Dragon during the period November 1, 2012, through October 31, 2013, is as follows:

    Exporter Weighted-
  • average
  • dumping
  • margin
  • (%)
  • Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd 6.09

    In the event the CIT's ruling is not appealed or, if appealed, is upheld by a final and conclusive court decision, the Department will instruct the U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise based on the revised rate calculated by the Department in the Remand Results, and listed above.

    Cash Deposit Requirements

    Because there have been subsequent administrative reviews for Golden Dragon, the cash deposit rate will remain the rate published in the 2013-2014 Final Results, which is 0.00 percent.5

    5See Seamless Refined Copper Pipe and Tube from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 81 FR 39893, 39894 (June 20, 2016).

    This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 4, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-07105 Filed 4-7-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews AGENCY:

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

    SUMMARY:

    The Department of Commerce (“the Department”) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with February anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.

    DATES:

    Effective April 10, 2017.

    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

    The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with February anniversary dates.

    All deadlines for the submission of various types of information, certifications, or comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting time.

    Notice of No Sales

    If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (“POR”), it must notify the Department within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (“the Act”). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on the Department's service list.

    1See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    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, except for the reviews of the antidumping duty orders on certain crystalline silicon photovoltaic products from Taiwan and the People's Republic of China (“PRC”), 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 place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 30 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments five days after the deadline for the initial comments.

    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 has found 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 this 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 this 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 the Quantity and Value (“Q&V”) 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 this proceeding where the Department considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted.

    Respondent Selection—Certain Crystalline Silicon Photovoltaic Products From Taiwan and the PRC

    In the event the Department limits the number of respondents selected for individual examination in the administrative reviews of the antidumping duty orders on certain crystalline silicon photovoltaic products from Taiwan and the PRC, the Department intends to select respondents, for those two reviews, based on volume data contained in responses to Q&V Questionnaires. Further, the Department intends to limit the number of Q&V Questionnaires issued in those two reviews, based on CBP data for U.S. imports of solar cells and/or solar modules. We note that the units used to measure U.S. import quantities of solar cells and solar modules in CBP data are “number”; however, it would not be meaningful to sum the number of imported solar cells and the number of imported solar modules in attempting to determine the volume of subject merchandise exported by Taiwanese exporters. Moreover, we also have concerns regarding inconsistencies in the unit of measure used to report CBP data for solar modules exported from the PRC. Therefore, the Department will limit the number of Q&V Questionnaires issued based on the import values in CBP data which will serve as a proxy for imported quantities. Parties subject to these two antidumping duty administrative reviews of certain crystalline silicon photovoltaic products to which the Department does not send a Q&V Questionnaire may file a response to the Q&V Questionnaire by the applicable deadline if they desire to be included in the pool of companies from which the Department will select mandatory respondents. The Q&V Questionnaire will be available on the Department's Web site at http://trade.gov/enforcement/news.asp on the date of publication of this notice in the Federal Register. The responses to the Q&V Questionnaire must be received by the Department no later than 14 days after the publication date of this initiation notice. Please be advised that due to the time constraints imposed by the statutory and regulatory deadlines for antidumping duty administrative reviews, the Department does not intend to grant any extensions for the submission of responses to the Q&V Questionnaire. Parties will be given the opportunity to comment on the CBP data used by the Department to limit the number of Q&V Questionnaires issued. We intend to place CBP data on the record within five days of publication of this notice in the Federal Register. Comments regarding the CBP data and respondent selection should be submitted seven days after placement of the CBP data on the record.

    Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested 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 the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has 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.

    Separate Rates

    In proceedings involving non-market economy (“NME”) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department's policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.

    To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department analyzes each entity exporting the subject merchandise. In accordance with the separate rates criteria, the Department assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities.

    All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate rate eligibility, the Department requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the certification, please follow the “Instructions for Filing the Certification” in the Separate Rate Certification. Separate Rate Certifications are due to the Department no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States.

    Entities that currently do not have a separate rate from a completed segment of the proceeding 2 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. In addition, companies that received a separate rate in a completed segment of the proceeding that have subsequently made changes, including, but not limited to, changes to corporate structure, acquisitions of new companies or facilities, or changes to their official company name,3 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. The Separate Rate Status Application will be available on the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the Separate Rate Status Application, refer to the instructions contained in the application. Separate Rate Status Applications are due to the Department no later than 30 calendar days of publication of this Federal Register notice. The deadline and requirement for submitting a Separate Rate Status Application applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers that purchase and export subject merchandise to the United States.

    2 Such entities include entities that have not participated in the proceeding, entities that were preliminarily granted a separate rate in any currently incomplete segment of the proceeding (e.g., an ongoing administrative review, new shipper review, etc.) and entities that lost their separate rate in the most recently completed segment of the proceeding in which they participated.

    3 Only changes to the official company name, rather than trade names, need to be addressed via a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Certification.

    For exporters and producers who submit a separate-rate status application or certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate rate status unless they respond to all parts of the questionnaire as mandatory respondents.

    Furthermore, companies to which the Department issues Q&V Questionnaires in the administrative review of the antidumping duty order on certain crystalline silicon photovoltaic products from the PRC must submit a timely and complete response to the Q&V Questionnaire, in addition to a timely and complete Separate Rate Status Application or Separate Rate Certification in order to receive consideration for separate-rate status. In other words, the Department will not give consideration to any timely Separate Rate Status Application or Separate Rate Certification made by parties to whom the Department issued a Q&V Questionnaire but who failed to respond in a timely manner to the Q&V Questionnaire. Exporters subject to the administrative review of the antidumping duty order on certain crystalline silicon photovoltaic products from the PRC to which the Department does not send a Q&V Questionnaire may receive consideration for separate-rate status if they file a timely Separate Rate Status Application or a timely Separate Rate Certification without filing a response to the Q&V Questionnaire. All information submitted by respondents in the antidumping duty administrative review of certain crystalline silicon photovoltaic products from the PRC is subject to verification. As noted above, the Separate Rate Certification, the Separate Rate Status Application, and the Q&V Questionnaire will be available on the Department's Web site on the date of publication of this notice in the Federal Register.

    Initiation of Reviews:

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than February 28, 2018.

    Period to be
  • reviewed
  • Antidumping Duty Proceedings Brazil: Stainless Steel Bar, A-351-825 2/1/16-1/31/17 Villares Metals S.A India: Certain Preserved Mushrooms, A-533-813 2/1/16-1/31/17 Himalya International Limited India: Certain Frozen Warmwater Shrimp, A-533-840 2/1/16-1/31/17 Abad Fisheries Akshay Food Impex Private Limited Alashore Marine Exports (P) Ltd Alpha Marine Allana Frozen Foods Pvt. Ltd Allanasons Ltd AMI Enterprises Amulya Seafoods Amarsagar Seafoods Exports Private Limited Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/Ananda Foods Ananda Enterprises (India) Private Limited Angelique Intl Anjaneya Seafoods Apex Frozen Foods Private Limited Aquatica Frozen Foods Global Pvt. Ltd Arya Sea Foods Private Limited Asvini Exports Avanti Feeds Limited/Avanti Frozen Foods Private Limited. 4 Asvini Fisheries Ltd/Asvini Fisheries Private Limited Ayshwarya Seafood Private Limited B-One Business House Pvt. Ltd B R Traders Baby Marine Exports Baby Marine International Baby Marine Sarass Baby Marine Ventures Balasore Marine Exports Private Limited Bay Seafoods Bhatsons Aquatic Products Bhavani Seafoods Bijaya Marine Products Blue Fin Frozen Foods Pvt. Ltd Blue Water Foods & Exports P. Ltd Bluepark Seafoods Private Ltd BMR Exports BMR Industries Private Limited Britto Exports C P Aquaculture (India) Ltd Calcutta Seafoods Pvt. Ltd Canaan Marine Products Capithan Exporting Co Cargomar Private Limited Castlerock Fisheries Ltd Chakri Fisheries Private Limited Chemmeens (Regd) Cherukattu Industries (Marine Div.) Choice Trading Corporation Private Limited Coastal Aqua Coastal Corporation Ltd Cochin Frozen Food Exports Pvt. Ltd Coreline Exports Corlim Marine Exports Pvt. Ltd Crystal Sea Foods Private Limited D2 D Logistics Private Limited Damco India Private Limited Delsea Exports Pvt. Ltd Devi Aquatech Private Limited Devi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods Devi Marine Food Exports Private Ltd/Kader Exports Private Limited/Kader Investment and Trading Company Private Limited/Liberty Frozen Foods Pvt. Ltd/Liberty Oil Mills Ltd/Premier Marine Products Private Limited/Universal Cold Storage Private Limited Devi Sea Foods Limited. 5 Diamond Seafoods Exports/Edhayam Frozen Foods Pvt. Ltd/Kadalkanny Frozen Foods/Theva & Company Edhayam Frozen Foods Private Limited Esmario Export Enterprises Exporter Coreline ExportsFalcon Marine Exports Limited/K.R. Enterprises Febin Marine Foods Five Star Marine Exports Private Limited Forstar Frozen Foods Pvt. Ltd Frontline Exports Pvt. Ltd G A Randerian Ltd Gadre Marine Exports Galaxy Maritech Exports P. Ltd Geo Aquatic Products (P) Ltd Geo Seafoods Goodwill Enterprises Grandtrust Overseas (P) Ltd Growel Processors Private Limited GVR Exports Pvt. Ltd Haripriya Marine Export Pvt. Ltd Harmony Spices Pvt. Ltd HIC ABF Special Foods Pvt. Ltd Hindustan Lever, Ltd Hiravata Ice & Cold Storage Hiravati Exports Pvt. Ltd Hiravati International Pvt. Ltd (located at APM—Mafco Yard, Sector—18, Vashi, Navi, Mumbai—400 705, India) Hiravati International Pvt. Ltd (located at Jawar Naka, Porbandar, Gujarat, 360 575, India) HN Indigos Private Limited Hyson Logistics and Marine Exports Private Limited IFB Agro Industries Ltd Indian Aquatic Products Indo Aquatics Indo Fisheries Indo French Shellfish Company Private Limited Innovative Foods Limited International Freezefish Exports Interseas ITC Limited, International Business ITC Ltd Jagadeesh Marine Exports Jayalakshmi Sea Foods Pvt. Ltd Jinny Marine Traders Jiya Packagings K V Marine Exports Kadalkanny Frozen Foods Kader Exports Private Limited Kader Investment and Trading Company Private Limited Kalyan Aqua & Marine Exp. India Pvt. Ltd Kalyanee Marine Kanch Ghar Karunya Marine Exports Private Limited Kay Kay Exports Kay Kay Exports (Kay Kay Foods) Kings Marine Products KNC Agro Limited Koluthara Exports Ltd Landauer Ltd Liberty Frozen Foods Private Limited Liberty Oil Mills Ltd Libran Cold Storages (P) Ltd Magnum Estates Limited Magnum Export Magnum Sea Foods Limited Malabar Arabian Fisheries Malnad Exports Pvt. Ltd Mangala Marine Exim India Pvt. Ltd Mangala Sea Foods Mangala Sea Products Marine Harvest India Meenaxi Fisheries Pvt. Ltd Milesh Marine Exports Private Limited Monsun Foods Pvt Ltd Munnangi Sea Foods Pvt. Ltd N.C. John & Sons (P) Ltd Naga Hanuman Fish Packers Naik Frozen Foods Private Limited Naik Seafoods Ltd Naik Oceanic Exports Pvt. Ltd/Rafiq Naik Exports Pvt. Ltd Neeli Aqua Private Limited Nekkanti Sea Foods Limited Nezami Rekha Sea Foods Private Limited NGR Aqua International Nila Sea Foods Exports Nila Sea Foods Pvt. Ltd Nine Up Frozen Foods Nutrient Marine Foods Ltd Oceanic Edibles International Limited Paragon Sea Foods Pvt. Ltd Paramount Seafoods Parayil Food Products Pvt. Ltd Pasupati Aquatics Private Limited Penver Products Pvt. Ltd Pesca Marine Products Pvt. Ltd Pijikay International Exports P Ltd Pisces Seafood International Pravesh Seafood Private Limited Premier Exports International Premier Marine Foods Premier Seafoods Exim (P) Ltd R V R Marine Products Limited Raa Systems Pvt. Ltd Raju Exports Ram's Assorted Cold Storage Ltd Raunaq Ice & Cold Storage Raysons Aquatics Pvt. Ltd Razban Seafoods Ltd RBT Exports RDR Exports RF Exports Riviera Exports Pvt. Ltd Rohi Marine Private Ltd Royal Marine Impex Private Limited RSA Marines S & S Seafoods S Chanchala Combines S. A. Exports Safa Enterprises Sagar Grandhi Exports Pvt. Ltd Sagar Samrat Seafoods Sagarvihar Fisheries Pvt. Ltd Sai Marine Exports Pvt. Ltd Sai Sea Foods Salvam Exports (P) Ltd Sanchita Marine Products Private Limited Sandhya Aqua Exports Sandhya Aqua Exports Pvt. Ltd Sandhya Marines Limited Santhi Fisheries & Exports Ltd Sarveshwari Exports Satya Seafoods Private Limited Sea Foods Private Limited Seagold Overseas Pvt. Ltd Selvam Exports Private Limited Sharat Industries Ltd Sharma Industries Shimpo Exports Pvt. Ltd Shimpo Seafoods Private Limited Shiva Frozen Food Exports Pvt. Ltd Shree Datt Aquaculture Farms Pvt. Ltd Shroff Processed Food & Cold Storage P Ltd Silver Seafood Sita Marine Exports Southern Tropical Foods Pvt. Ltd Sowmya Agri Marine Exports Sprint Exports Pvt. Ltd Sri Sakkthi Cold Storage Sri Venkata Padmavathi Marine Foods Pvt. Ltd Srikanth International Star Agro Marine Exports Private Limited Star Organic Foods Incorporated Star Organic Foods Private Limited Sterling Foods Sun-Bio Technology Ltd Sunrise Aqua Food Exports Supran Exim Private Limited Suryamitra Exim (P) Ltd Suvarna Rekha Exports Private Limited Suvarna Rekha Marines P Ltd TBR Exports Pvt Ltd Teekay Marine P. Ltd The Waterbase Limited Triveni Fisheries P Ltd U & Company Marine Exports Ulka Sea Foods Private Limited Uniroyal Marine Exports Ltd Unitriveni Overseas Universal Cold Storage Private Limited Usha Seafoods V V Marine Products V.S. Exim Pvt Ltd Vasai Frozen Food Co Vasista Marine Veejay Impex Veerabhadra Exports Private Limited Veronica Marine Exports Private Limited Victoria Marine & Agro Exports Ltd Vinner Marine Vitality Aquaculture Pvt., Ltd Wellcome Fisheries Limited West Coast Fine Foods (India) Private Limited West Coast Frozen Foods Private Limited Z A Sea Foods Pvt. Ltd India: Stainless Steel Bar, A-533-810 2/1/16-1/31/17 Ambica Stainless Steel Limited (now known as Aamor Inox Limited) Ambica Steels Limited Bhansali Bright Bars Pvt. Ltd Italy: Stainless Steel Butt-Weld Pipe Fittings, A-475-828 2/1/16-1/31/17 Filmag Italia Spa Mexico: Large Residential Washers, A-201-842 2/1/16-1/31/17 Electrolux Home Corp. NV Electrolux Home Products de Mexico S.A. de C.V Electrolux Hone Products, Inc Republic of Korea: Certain Cut-to-Length Carbon-Quality Steel Plate Products, A-580-836 2/1/16-1/31/17 Bookuk Steel Co., Ltd Daewoo International Corp Dongkuk Steel Mill Co., Ltd Hyundai Glovis Co., Ltd Hyundai Mipo Dockyard Co., Ltd Hyundai Steel Company Hyosung Corporation Samsung C&T Corp Samsung C&T Engineering & Construction Group Samsung C&T Trading and Investment Group Samsung Heavy Industries SK Networks Co., Ltd Steel N People Ltd Sung Jin Steel Co., Ltd Republic of Korea: Large Residential Washers, A-580-868 2/1/16-1/31/17 LG Electronics, Inc LG Electronics, USA, Inc Socialist Republic of Vietnam: Certain Frozen Warmwater Shrimp, A-552-802 2/1/16-1/31/17 Amanda Seafood Co., Ltd Asia Food Stuffs Import Export Co., Ltd Au Vung One Seafood Processing Import & Export Joint Stock Company Au Vung Two Seafood Processing Import & Export Joint Stock Company Bac Lieu Fisheries Joint Stock Company (“BacLieu Fis”) Bac Lieu Fisheries Joint Stock Company Ben Tre Forestry and Aquaproduct Import-Export Joint Stock Company (“Faquimex”) Bentre Forestry and Aquaproduct Import-Export Joint Stock Company (FAQUIMEX) Bentre Aquaproduct Import & Export Joint Stock Company Bien Dong Seafood Co., Ltd BIM Seafood Joint Stock Company Binh Thuan Import—Export Joint Stock Company (THAIMEX) B.O.P. Limited Co C.P. Vietnam Corporation C.P. Vietnam Corporation (“C.P.Vietnam”) Ca Mau Seafood Joint Stock Company (“Seaprimexco Vietnam”) Ca Mau Frozen Seafood Joint Stock Company (“Seaprimexco Vietnam”) Cadovimex Seafood Import-Export and Processing Joint Stock Company (“Cadovimex”) CADOVIMEX Seafood Import-Export and Processing Joint Stock Company Cai Doi Vam Seafood Import-Export Co (“CADOVIMEX”) Cafatex Corporation Cam Ranh Seafoods Camau Frozen Seafood Processing Import Export Corporation (“Camimex”) Camau Seafood Processing and Service Joint Stock Corporation (“CASES”) Camau Seafood Processing and Service Joint Stock Corporation (and its affiliates, Kien Giang Branch—Camau Seafood Processing 2 Service Joint Stock Corporation, collectively “CASES”) Camau Seafood and Service Joint Stock Company (“CASES”) Can Tho Import Export Fishery Limited Company (“CAFISH”) Coastal Fisheries Development Corporation (“COFIDEC”) CJ Freshway (FIDES Food System Co., Ltd) Cong Ty Tnhh Thong Thuan (Thong Thuan) Cuulong Seaproducts Company (“Cuulong Seapro”) Dong Hai Seafood Limited Company Duc Cuong Seafood Trading Co., Ltd Fimex VN Fine Foods Co (“FFC”) Fine Foods Company (FFC) Fine Foods Company (FFC) (Ca Mau Foods & Fishery Export Joint Stock Company) Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and Export Company) Gallant Dachan Seafood Co., Ltd Gallant Ocean (Vietnam) Co Ltd Gallant Ocean (Viet Nam) Co., Ltd (“Gallant Ocean Vietnam”) Green Farms Seafoods Joint Stock Company Green Farms Joint Stock Company Hai Viet Corporation (“HAVICO”) Hanh An Trading Service Co., Ltd Hoang Phuong Seafood Factory Huynh Huong Seafood Processing Investment Commerce Fisheries Corporation Investment Commerce Fisheries Corporation (“Incomfish”) JK Fish Co., Ltd Khai Minh Trading Investment Corporation Khanh Sung Company, Ltd Kim Anh Company Limited Kim Anh Company Ltd (Thai Tan company and Ngoc Thai Company, collectively “Kim Anh”) Long Toan Frozen Aquatic Products Joint Stock Company Minh Cuong Seafood Import-Export Processing (“MC Seafood”) Minh Hai Export Frozen Seafood Processing Joint-Stock Company (“Minh Hai Jostoco”) Minh Hai Joint-Stock Seafoods Processing Company (“Seaprodex Minh Hai”) Minh Hai Joint-Stock Seafoods Processing Company Minh Phu Seafood Corporation My Son Seafoods Factory Nam Hai Foodstuff and Export Company Ltd New Wind Seafood Co., Ltd Ngo Bros Ngo Bros Seaproducts Import-Export One Member Company Limited (“Ngo Bros. Co., Ltd”) NGO BROS Seaproducts Import-Export One Member Company Limited (“NGO BROS Company”) Ngoc Tri Seafood Joint Stock Company Nha Trang Seaproduct Company (and its affiliates NT Seafoods Corporation, Nha Trang Seafoods—F.89 Joint Stock Company, NTSF Seafoods Joint Stock Company (collectively “Nha Trang Seafoods Group' ”) Nha Trang Fisheries Joint Stock Company (“Nha Trang Fisco”) Nha Trang Fisheries Joint Stock Company Nha Trang Seafoods Nha Trang Seaproduct Company Nhat Duc Co., Ltd Phu Cuong Jostoco Seafood Corporation Phuong Nam Co., Ltd Phuong Nam Foodstuff Corp. (“Phuong Nam Co., Ltd”) Phuong Nam Foodstuff Corp Quang Minh Seafood Co., Ltd Quang Minh Seafood Co LTD (“Quang Minh”) Quoc Ai Seafood Processing Import Export Co., Ltd Quoc Viet Seaproducts Processing Trading and Import-Export Co., Ltd Quoc Viet Seaproducts Processing Trade and Import-Export Co., Ltd (“Quoc Viet Co Ltd”) Saigon Food Joint Stock Company Sao Ta Foods Joint Stock Company (FIMEX VN) Sao Ta Foods Joint Stock Company Sao Ta Foods Joint Stock Company (“FIMEX VN”) (and its factory “Sao Ta Seafoods Factory”) Sea Minh Hai Seafoods and Foodstuff Factory Seaprimexco Vietnam Seaprodex Minh Hai Seavina Joint Stock Company Soc Trang Seafood Joint Stock Company (“STAPIMEX”) Tacvan Frozen Seafood Processing Export Company Tacvan Seafoods Company Tacvan Seafoods Company (“TACVAN”) Tacvan Seafoods Company (TACVAN) Tai Kim Anh Seafood Joint Stock Corporation Taika Seafood Corporation Tan Phong Phu Seafood Co., Ltd (“TPP Co., Ltd”) Tan Thanh Loi Frozen Food Co., Ltd Taydo Seafood Enterprise Thanh Doan Sea Products Import & Export Processing Joint-Stock Company Thinh Hung Co., Ltd Thong Thuan Seafood Company Limited Thong Thuan Company Limited Thong Thuan Cam Ranh Seafood Joint Stock Company Thong Thuan—Cam Ranh Seafood Joint Stock Company Trong Nhan Seafood Company Limited Thuan Phuoc Seafoods and Trading Corporation Thuan Phuoc Seafoods and Trading Corporation (“Thuan Phuoc Corp”) Thuan Phuoc Seafoods and Trading Corporation and its separate factories Frozen Seafoods Factory No. 32, Seafoods and Foodstuff Factory, and My Son Seafoods Factory (collectively “Thuan Phuoc Corp.”) Trang Khan Seafood Co., Ltd Trong Nhan Seafood Company Limited Trong Nhan Seafood Co., Ltd (“Trong Nhan”) Trung Son Seafood Processing Joint Stock Company (“Trung Son”) UTXI Aquatic Products Processing Corporation UTXI Aquatic Products Processing Company UTXI Aquatic Products Processing Corporation (“UTXICO”) (and its branch Hoang Phuong Seafood Factory and Hoang Phong Seafood Factory) Viet Foods Co., Ltd (“Viet Foods”) Viet Hai Seafood Co., Ltd Viet I-Mei Frozen Foods Co., Ltd Viet I-Mei Frozen Foods Co Ltd (“Viet I-Mei”) Vietnam Clean Seafood Corporation (“Vina Cleanfood”) Viet Hai Seafood Co., Ltd Vietnam Fish One Co., Ltd Vinh Hoan Corp Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho Socialist Republic of Vietnam: Steel Wire Garment Hangers, A-552-812 2/1/16-1/31/17 Angang Clothes Rack Manufacture Co Asmara Home Vietnam B2B Co., Ltd Capco Wai Shing Viet Nam Co Ltd Cong Ty Co Phan Moc Ao CTN Co Ltd C.T.N. International Ltd CTN Limited Company Cty Tnhn Mtv Xnk My Phuoc Cty Thnh San Xuat My Phuoc Long An Factory Dai Nam Group Dai Nam Investment JSC Diep Son Hangers Co Ltd Diep Son Hangers One Member Co Ltd Dong Nam A Co Ltd Dong Nam A Hamico Joint Stock Company Dong Nam A Trading Co EST Glory Industrial Ltd Focus Shipping Corp Godoxa Vietnam Co Ltd Godoxa Viet Nam Ltd HCMC General Import and Export Investment Joint Stock Company Hongxiang Business and Product Co., Ltd Huqhu Co., Ltd Infinite Industrial Hanger Limited Infinite Industrial Hanger Co Ltd Ju Fu Co Ltd Linh Sa Hamico Company, Ltd Long Phung Co Ltd Lucky Cloud (Vietnam) Hanger Co Ltd Minh Quang Hanger Minh Quang Steel Joint Stock Company Moc Viet Manufacture Co., Ltd Nam A Hamico Export Joint Stock Co Nghia Phoung Nam Production Company Nguyen Haong Vu Co Ltd N-Tech Vina Co Ltd NV Hanger Co., Ltd Quoc Ha Production Trading Services Co Ltd Quyky Co., Ltd Quyky Group Quyky-Yangle International Co., Ltd S.I.I.C South East Asia Hamico Exports JSC T.J. Co Ltd T.J. Group Tan Dihn Enterprise Tan Dinh Enterprise Tan Minh Textile Sewing Trading Co., Ltd Thanh Hieu Manufacturing Trading Co Ltd The Xuong Co Ltd Thien Ngon Printing Co., Ltd Top Sharp International Trading Limited Triloan Hangers, Inc Tri-State Trading Trung Viet My Joint Stock Company Truong Hong Lao—Viet Joint Stock Co., Ltd Uac Co Ltd Viet Anh Imp-Exp Joint Stock Co Viet Hanger Viet Hanger Investment, LLC Vietnam Hangers Joint Stock Company Vietnam Sourcing VNS VN Sourcing Yen Trang Co., Ltd Socialist Republic of Vietnam: Utility Scale Wind Towers, A-552-814 2/1/16-1/31/17 CS Wind Vietnam Co., Ltd and CS Wind Corporation. 6 Vina Halla Heavy Industries Ltd UBI Tower Sole Member Company Ltd Taiwan: Certain Crystalline Silicon Photovoltaic Products, A-583-853 2/1/16-1/31/17 AU Optronics Corporation Baoding Jiasheng Photovoltaic Technology Co Ltd Baoding Tianwei Yingli New Energy Resources Co., Ltd Beijing Tianneng Yingli New Energy Resources Co Ltd Boviet Solar Technology Co., Ltd Canadian Solar Inc Canadian Solar International, Ltd Canadian Solar Manufacturing (Changshu), Inc Canadian Solar Manufacturing (Luoyang), Inc Canadian Solar Solution Inc EEPV Corp E-TON Solar Tech. Co., Ltd Gintech Energy Corporation Hainan Yingli New Energy Resources Co., Ltd Hengshui Yingli New Energy Resources Co., Ltd Inventec Energy Corporation Inventec Solar Energy Corporation Kyocera Mexicana S.A. de C.V Lixian Yingli New Energy Resources Co., Ltd Motech Industries, Inc Neo Solar Power Corporation Shenzhen Yingli New Energy Resources Co., Ltd Sino-American Silicon Products Inc Solartech Energy Corporation Sunengine Corporation Ltd Sunrise Global Solar Energy Tianjin Yingli New Energy Resources Co., Ltd Trina Solar (Schweiz) AG Trina Solar (Singapore) Science and Technology Pte Ltd TSEC Corporation Vina Solar Technology Co., Ltd Win Win Precision Technology Co., Ltd Yingli Energy (China) Co., Ltd Yingli Green Energy International Trading Company Limited Thailand: Certain Frozen Warmwater Shrimp, A-549-822 2/1/16-1/31/17 A Foods 1991 Co., Limited/May Ao Foods Co., Ltd A. Wattanachai Frozen Products Co., Ltd A.P. Frozen Foods Co., Ltd A.S. Intermarine Foods Co., Ltd ACU Transport Co., Ltd Ampai Frozen Food Co., Ltd Anglo-Siam Seafoods Co., Ltd Apex Maritime (Thailand) Co., Ltd Apitoon Enterprise Industry Co., Ltd Applied DB Ind Asian Seafood Coldstorage (Sriracha) Asian Seafoods Coldstorage Public Co., Ltd/Asian Seafoods Coldstorage (Suratthani) Co., Limited/STC Foodpak Ltd Assoc. Commercial Systems B.S.A. Food Products Co., Ltd Bangkok Dehydrated Marine Product Co., Ltd C Y Frozen Food Co., Ltd C.P. Mdse C.P. Merchandising Co., Ltd/Charoen Pokphand Foods Public Co., Ltd/Klang Co., Ltd/Seafoods Enterprise Co., Ltd/Thai Prawn Culture Center Co., Ltd C.P. Retailing and Marketing Co., Ltd C.P. Intertrade Co Ltd Calsonic Kansei (Thailand) Co., Ltd Century Industries Co., Ltd Chaivaree Marine Products Co., Ltd Chaiwarut Company Limited Charoen Pokphand Petrochemical Co., Ltd Chonburi LC Chue Eie Mong Eak Commonwealth Trading Co., Ltd Core Seafood Processing Co., Ltd C.P.F. Food Products Co., Ltd Crystal Frozen Foods Co., Ltd Crystal Seafood Daedong (Thailand) Co Ltd Daiei Taigen (Thailand) Co., Ltd Daiho (Thailand) Co., Ltd Dynamic Intertransport Co., Ltd Earth Food Manufacturing Co., Ltd F.A.I.T. Corporation Limited Far East Cold Storage Co., Ltd Findus (Thailand) Ltd Fortune Frozen Foods (Thailand) Co., Ltd Frozen Marine Products Co., Ltd Gallant Ocean (Thailand) Co., Ltd Gallant Seafoods Corporation Global Maharaja Co., Ltd Golden Sea Frozen Foods Co., Ltd Golden Thai Imp. & Exp. Co., Ltd Good Fortune Cold Storage Co Ltd Good Luck Product Co., Ltd Grobest Frozen Foods Co., Ltd Gulf Coast Crab Intl H.A.M. International Co., Ltd Haitai Seafood Co., Ltd Handy International (Thailand) Co., Ltd Heng Seafood Limited Partnership Heritrade HIC (Thailand) Co., Ltd High Way International Co., Ltd I.S.A. Value Co., Ltd I.T. Foods Industries Co., Ltd Inter-Oceanic Resources Co., Ltd Inter-Pacific Marine Products Co., Ltd K & U Enterprise Co., Ltd K Fresh K.D. Trading Co., Ltd K.L. Cold Storage Co., Ltd KF Foods Ltd Kiang Huat Sea Gull Trading Frozen Food Public Co., Ltd Kibun Trdg Kingfisher Holdings Ltd Kitchens of the Oceans (Thailand) Company, Ltd Kongphop Frozen Foods Co., Ltd Lee Heng Seafood Co., Ltd Leo Transports Li-Thai Frozen Foods Co., Ltd Lucky Union Foods Co., Ltd Magnate & Syndicate Co., Ltd Mahachai Food Processing Co., Ltd Mahachai Marine Foods Co., Ltd Marine Gold Products Ltd.7 Merit Asia Foodstuff Co., Ltd Merkur Co., Ltd Ming Chao Ind Thailand N&N Foods Co., Ltd N.R. Instant Produce Co., Ltd Namprik Maesri Ltd Part Narong Seafood Co., Ltd Nongmon SMJ Products Ongkorn Cold Storage Co., Ltd/Thai-Ger Marine Co., Ltd Pacific Queen Co., Ltd Pakfood Public Company Limited/Asia Pacific (Thailand) Co., Ltd/Chaophraya Cold Storage Co., Ltd/Okeanos Co., Ltd/Okeanos Food Co., Ltd/Takzin Samut Co., Ltd/Thai Union Group Public Co., Ltd/Thai Union Seafood Co., Ltd.8 Pakpanang Coldstorage Public Co., Ltd Penta Impex Co., Ltd Pinwood Nineteen Ninety Nine Piti Seafood Co., Ltd Premier Frozen Products Co., Ltd Preserved Food Specialty Co., Ltd Queen Marine Food Co., Ltd Rayong Coldstorage (1987) Co., Ltd S2K Marine Product Co., Ltd S&D Marine Products Co., Ltd S&P Aquarium S&P Syndicate Public Company Ltd S. Chaivaree Cold Storage Co., Ltd S. Khonkaen Food Industry Public Co., Ltd and/or S. Khonkaen Food Ind. Public S.K. Foods (Thailand) Public Co Limited Samui Foods Company Limited SB Inter Food Co., Ltd SCT Co., Ltd Sea Bonanza Food Co., Ltd SEA NT'L CO., LTD Seafresh Fisheries/Seafresh Industry Public Co., Ltd Search and Serve Sethachon Co., Ltd Shianlin Bangkok Co., Ltd Shing Fu Seaproducts Development Co Siam Food Supply Co., Ltd Siam Haitian Frozen Food Co., Ltd Siam Intersea Co., Ltd Siam Marine Products Co Ltd Siam Ocean Frozen Foods Co Ltd Siam Union Frozen Foods Siamchai International Food Co., Ltd Smile Heart Foods SMP Food Products, Co., Ltd Southport Seafood Co., Ltd Star Frozen Foods Co., Ltd Starfoods Industries Co., Ltd Suntechthai Intertrading Co., Ltd Surapon Foods Public Co., Ltd/Surat Seafoods Public Co., Ltd Surapon Nichirei Foods Co., Ltd Suratthani Marine Products Co., Ltd Suree Interfoods Co., Ltd T.S.F. Seafood Co., Ltd Tep Kinsho Foods Co., Ltd Teppitak Seafood Co., Ltd Tey Seng Cold Storage Co., Ltd Thai Agri Foods Public Co., Ltd Thai Hanjin Logistics Co., Ltd Thai Mahachai Seafood Products Co., Ltd Thai Ocean Venture Co., Ltd Thai Patana Frozen Thai Pak Exports Co., Ltd Thai Royal Frozen Food Co., Ltd Thai Spring Fish Co., Ltd Thai Union Manufacturing Company Limited Thai World Import and Export Co., Ltd Thai Yoo Ltd., Part The Siam Union Frozen Foods Co., Ltd The Union Frozen Products Co., Ltd/Bright Sea Co., Ltd Trang Seafood Products Public Co., Ltd Transamut Food Co., Ltd Tung Lieng Tradg United Cold Storage Co., Ltd V. Thai Food Product Co., Ltd Wann Fisheries Co., Ltd Xian-Ning Seafood Co., Ltd Yeenin Frozen Foods Co., Ltd ZAFCO TRDG The People's Republic of China: Certain Crystalline Silicon Photovoltaic Products, A-570-010 2/1/16-1/31/17 BYD (Shangluo) Industrial Co., Ltd Canadian Solar Inc. Canadian Solar International Limited Canadian Solar Manufacturing (Changshu), Inc Canadian Solar Manufacturing (Luoyang) Inc Changzhou Trina Solar Energy Co., Ltd/Trina Solar (Changzhou) Science & Technology Co., Ltd Chint Solar (Zhejiang) Co., Ltd Hefei JA Solar Technology Co., Ltd Jinko Solar Co Ltd/Jinko Solar Import and Export Co., Ltd.9 Perlight Solar Co., Ltd Risen Energy Co., Ltd Shanghai BYD Co., Ltd Shanghai JA Solar Technology Co., Ltd Shenzhen Sungold Solar Co., Ltd Sunny Apex Development Ltd Wuxi Suntech Power Co., Ltd Yingli Energy (China) Company Limited Yingli Green Energy International Trading Limited Baoding Jiasheng Photovoltaic Technology Co Ltd Baoding Tianwei Yingli New Energy Resources Co., Ltd Beijing Tianneng Yingli New Energy Resources Co Ltd Hainan Yingli New Energy Resources Co., Ltd Hengshui Yingli New Energy Resources Co., Ltd Lixian Yingli New Energy Resources Co., Ltd Shenzhen Yingli New Energy Resources Co., Ltd Tianjin Yingli New Energy Resources Co., Ltd Zhejiang Jinko Solar Co., Ltd The People's Republic of China: Certain Frozen Warmwater Shrimp, A-570-893 2/1/16-1/31/17 Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd.10 Allied Pacific Food (Dalian) Co., Ltd llied Pacific (HK) Co., Ltd Asian Seafoods (Zhanjiang) Co., Ltd Beihai Anbang Seafood Co., Ltd Beihai Boston Frozen Food Co., Ltd Beihai Tianwei Aquatic Food Co Ltd Changli Luquan Aquatic Products Co., Ltd Dalian Beauty Seafood Company Ltd Dalian Haiqing Food Co., Ltd Dalian Rich Enterprise Group Co., Ltd Dalian Shanhai Seafood Co., Ltd Dalian Taiyang Aquatic Products Co., Ltd Fujian Chaohui Group Fujian Chaohui Aquatic Food Co., Ltd Fujian Chaohui International Trading Co., Ltd Fujian Dongshan County Shunfa Aquatic Product Co., Ltd Fujian Dongya Aquatic Products Co., Ltd Fujian Haohui Import & Export Co., Ltd Fujian Hongao Trade Development Co Fujian Rongjiang Import and Export Co., Ltd Fujian Tea Import & Export Co., Ltd Fujian Zhaoan Haili Aquatic Co., Ltd Fuqing Chaohui Aquatic Food Co., Ltd Fuqing Dongwei Aquatic Products Ind Fuqing Dongwei Aquatic Products Industry Co., Ltd Fuqing Longhua Aquatic Food Co., Ltd Fuqing Minhua Trade Co., Ltd Fuqing Yihua Aquatic Food Co., Ltd Gallant Ocean Group Guangdong Foodstuffs Import & Export (Group) Corporation Guangdong Gourmet Aquatic Products Co., Ltd Guangdong Jinhang Food Co., Ltd Guangdong Wanshida Holding Corp Guangdong Wanya Foods Fty. Co., Ltd HaiLi Aquatic Product Co., Ltd Zhaoan Fujian Hainan Brich Aquatic Products Co., Ltd Hainan Golden Spring Foods Co., Ltd Huazhou Xinhai Aquatic Products Co Ltd Longhai Gelin Foods Co., Ltd Maoming Xinzhou Seafood Co., Ltd New Continent Foods Co., Ltd North Seafood Group Co Olanya (Germany) Ltd Qingdao Fusheng Foodstuffs Co., Ltd Qinhuangdao Gangwan Aquatic Products Co., Ltd Red Garden Food Processing Co., Ltd.11 Rizhao Rongxing Co Ltd Rizhao Smart Foods Company Limited Rongcheng Yinhai Aquatic Product Co., Ltd Savvy Seafood Inc Shanghai Zhoulian Foods Co., Ltd Shantou Freezing Aquatic Product Foodstuffs Co Shantou Jiazhou Food Industrial Co., Ltd Shantou Jintai Aquatic Product Industrial Co., Ltd Shantou Longsheng Aquatic Product Foodstuff Co., Ltd Shantou Ocean Best Seafood Corporation Shantou Red Garden Food Processing Co., Ltd Shantou Red Garden Foodstuff Co., Ltd Shantou Ruiyuan Industry Co., Ltd Shantou Wanya Foods Fty. Co., Ltd Shantou Yelin Frozen Seafood Co., Ltd. 12 Shantou Yuexing Enterprise Company Thai Royal Frozen Food Zhanjiang Co., Ltd Xiamen Granda Import and Export Co., Ltd Yangjiang Dawu Aquatic Products Co., Ltd Yangjiang Haina Datong Trading Co Yantai Wei Cheng Food Co., Ltd Yantai Wei-Cheng Food Co., Ltd Zhangzhou Donghao Seafoods Co., Ltd Zhangzhou Xinhui Foods Co., Ltd Zhangzhou Xinwanya Aquatic Product Co., Ltd Zhangzhou Yanfeng Aquatic Product & Foodstuff Co., Ltd Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd Zhanjiang Fuchang Aquatic Products Freezing Plant Zhanjiang Guolian Aquatic Products Co., Ltd. 13 Zhanjiang Jinguo Marine Foods Co., Ltd Zhanjiang Longwei Aquatic Products Industry Co., Ltd Zhanjiang Newpro Foods Co., Ltd Zhanjiang Regal Integrated Marine Resources Co., Ltd. 14 Zhanjiang Universal Seafood Corp Zhaoan Yangli Aquatic Co., Ltd Zhejiang Xinwang Foodstuffs Co., Ltd Zhoushan Genho Food Co., Ltd The People's Republic of China: Small Diameter Graphite Electrodes, A-570-929 2/1/16-1/31/17 5-Continent Imp. & Exp. Co., Ltd Acclcarbon Co., Ltd Allied Carbon (China) Co., Limited AMGL Anssen Metallurgy Group Co., Ltd Apex Maritime (Dalian) Co., Ltd Asahi Fine Carbon (Dalian) Co., Ltd Assi Steel Co Ltd Beijing International Trade Co., Ltd Beijing Kang Jie Kong Cargo Agent Expeditors (Tianjin Branch) Beijing Shougang Huaxia International Trade Co Ltd Beijing Xinchengze Inc Beijing Xincheng Sci-Tech. Development Inc Brilliant Charter Limited Carbon International Chang Cheng Chang Electrode Co., Ltd Chengde Longhe Carbon Factory Chengdelh Carbonaceous Elements Factory Chengdu Jia Tang Corp China Carbon Graphite Group Inc China Carbon Industry China Shaanxi Richbond Imp. & Exp. Industrial Corp. Ltd China Xingyong Carbon Co., Ltd CIMM Group Co., Ltd Dalian Carbon & Graphite Corporation Dalian Hongrui Carbon Co., Ltd Dalian Honest International Trade Co., Ltd Dalian Horton International Trading Co., Ltd Dalian LST Metallurgy Co., Ltd Dalian Oracle Carbon Co., Ltd Dalian Shuangji Co., Ltd Dalian Thrive Metallurgy Imp. & Exp. Co., Ltd Dandong Xinxin Carbon Co Ltd Datong Carbon Datong Carbon Plant Datong Xincheng Carbon Co., Ltd Datong Xincheng New Material Co Dechang Shida Carbon Co., Ltd De Well Container Shipping Corp Dewell Group Dignity Success Investment Trading Co., Ltd Double Dragon Metals and Mineral Tools Co., Ltd Fangda Group (The Fangda Group consists of Beijing Fandga Carbon Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd) Fangda Lanzhou Carbon Joint Stock Company Co Ltd Foset Co., Ltd Fushun Carbon Plant Fushun Jinly Petrochemical Carbon Co., Ltd., a.k.a. Fushun Jinli Petrochemical Carbon Co., Ltd Fushun Oriental Carbon Co., Ltd GES (China) Co Ltd GR Industrial Corporation Grafworld International Inc Gold Success Group Ltd Grameter Shipping Co., Ltd (Qingdao Branch) Guangdong Highsun Yongye (Group) Co., Ltd Guanghan Shida Carbon Co., Ltd Haimen Shuguang Carbon Industry Co., Ltd Handan Hanbo Material Co., Ltd Hanhong Precision Machinery Co., Ltd Hebei Long Great Wall Electrode Co., Ltd Heico Universal (Shanghai) Distrubution Co., Ltd Heilongjiang Xinyuan Carbon Co Ltd Henan Sanli Carbon Products Co., Ltd Henan Sihai Import and Export Co., Ltd Hopes (Beijing) International Co., Ltd Huanan Carbon Factory Hunan Mec Machinery and Electronics Imp. & Exp. Corp Hunan Yinguang Carbon Factory Co., Ltd Inner Mongolia QingShan Special Graphite and Carbon Co., Ltd Inner Mongolia Xinghe County Hongyuan Electrical Carbon Factory Jiangsu Yafei Carbon Co., Ltd Jiaozuo Zhongzhou Carbon Products Co., Ltd Jichun International Trade Co., Ltd of Jilin Province Jiexiu Juyuan Carbon Co., Ltd Jiexiu Ju-Yuan & Coaly Co., Ltd Jilin Carbon Graphite Material Co., Ltd Jilin Carbon Import and Export Company Jilin Songjiang Carbon Co Ltd Jinneng Group Jinneng Group Co., Ltd Jinyu Thermo-Electric Material Co., Ltd JL Group Kaifeng Carbon Company Ltd KASY Logistics (Tianjin) Co., Ltd Kimwan New Carbon Technology and Development Co., Ltd Kingstone Industrial Group Ltd L & T Group Co., Ltd Laishui Long Great Wall Electrode Co Ltd Lanzhou Carbon Co., Ltd Lanzhou Carbon Import & Export Corp Lanzhou Hailong Technology Lanzhou Hailong New Material Co Lanzhou Ruixin Industrial Material Co., Ltd Lianxing Carbon Qinghai Co., Ltd Lianxing Carbon Science Institute Lianxing Carbon (Shandong) Co., Ltd Lianyungang Jianglida Mineral Co., Ltd Lianyungang Jinli Carbon Co., Ltd Liaoyang Carbon Co Ltd Linghai Hongfeng Carbon Products Co., Ltd Linyi County Lubei Carbon Co., Ltd Maoming Yongye (Group) Co., Ltd MBI Beijing International Trade Co., Ltd Nantong Dongjin New Energy Co., Ltd Nantong Falter New Energy Co., Ltd Nantong River-East Carbon Co., Ltd Nantong River-East Carbon Joint Stock Co., Ltd Nantong Yangtze Carbon Corp. Ltd Nantong Yanzi Carbon Co Ltd Oracle Carbon Co., Ltd Orient (Dalian) Carbon Resources Developing Co., Ltd Orient Star Transport International, Ltd Orient Carbon Co Limited Peixian Longxiang Foreign Trade Co Ltd Pingdingshan Coal Group Pudong Trans USA, Inc. (Dalian Office) Qingdao Grand Graphite Products Co., Ltd Qingdao Haosheng Metals Imp. & Exp. Co., Ltd Quingdao Haosheng Metals & Minerals Imp. & Exp. Co., Ltd Qingdao Liyikun Carbon Development Co., Ltd Qingdao Likun Graphite Co., Ltd Qingdao Ruizhen Carbon Co., Ltd Qingdao Yijia E.T.I. I/E Co., Ltd Qingdao Youyuan Metallurgy Material Limited Company (China) Ray Group Ltd Rex International Forwarding Co., Ltd Rt Carbon Co., Ltd Ruitong Carbon Co., Ltd Sea Trade International, Inc Seamaster Global Forwarding (China) Shandong Basan Carbon Plant Shandong Zibo Continent Carbon Factory Shanghai Carbon International Trade Co., Ltd Shanghai GC Co., Ltd Shanghai Jinneng International Trade Co., Ltd Shanghai P.W. International Ltd Shanghai Shen-Tech Graphite Material Co., Ltd Shanghai Topstate International Trading Co., Ltd Shanxi Cimm Donghai Advanced Carbon Co., Ltd Shanxi Datong Energy Development Co., Ltd Shanxi Foset Carbon Co Ltd Shanxi Jiexiu Import and Export Co., Ltd Shanxi Jinneng Group Co., Ltd Shanxi Yunheng Graphite Electrode Co., Ltd Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd Shida Carbon Group Shijaizhuang Carbon Co., Ltd Shijiazhuang Huanan Carbon Factory Sichuan 5-Continent Imp & Exp Co., Ltd Sichuan Dechang Shida Carbon Co., Ltd Sichuan GMT International Inc Sichuan Guanghan Shida Carbon Co., Ltd Sichuan Shida Carbon Co., Ltd Sichuan Shida Trading Co., Ltd Sinicway International Logistics Ltd Sinosteel Anhui Co., Ltd Sinosteel Corp. Sinosteel Jilin Carbon Co., Ltd Sinosteel Jilin Carbon Imp. & Exp. Co., Ltd Sinosteel Jilin Carbon Plant Sinosteel Sichuan Co., Ltd SMMC Group Co., Ltd Sure Mega (Hong Kong) Ltd Tangshan Kimwan Special Carbon & Graphite Co., Ltd Tengchong Carbon Co., Ltd T.H.I. Global Holdings Corp T.H.I. Group (Shanghai) Ltd Tianjin (Teda) Iron & Steel Trade Co., Ltd Tianjin Kimwan Carbon Technology and Development Co., Ltd Tianjin Yue Yang Industrial & Trading Co., Ltd Tianzhen Jintian Graphite Electrodes Co., Ltd Tielong (Chengdu) Carbon Co., Ltd UK Carbon & Graphite United Carbon Ltd United Trade Resources, Inc Weifang Lianxing Carbon Co., Ltd World Trade Metals & Minerals Co., Ltd XC Carbon Group Xinghe County Muzi Carbon Co., Ltd., a.k.a. Xinghe County Muzi Carbon Plant Xinghe Xingyong Carbon Co., Ltd Xinghe Xinyuan Carbon Products Co., Ltd Xinyuan Carbon Co., Ltd Xuanhua Hongli Refractory and Mineral Company Xuchang Minmetals & Industry Co., Ltd Xuzhou Carbon Co., Ltd Xuzhou Electrode Factory Xuzhou Jianglong Carbon Products Co., Ltd Yangzhou Qionghua Carbon Trading Ltd Yixing Huaxin Imp & Exp Co Ltd Youth Industry Co., Ltd Zhengzhou Jinyu Thermo-Electric Material Co., Ltd Zibo Continent Carbon Factory Zibo DuoCheng Trading Co., Ltd Zibo Lianxing Carbon Co., Ltd Zibo Wuzhou Tanshun Carbon Co., Ltd The People's Republic of China: Uncovered Innerspring Units, A-570-928 2/1/16-1/31/17 Jietai Machinery Ltd (HK) PT Sunhere Buana International The People's Republic of China: Utility Scale Wind Towers, A-570-981 2/1/16-1/31/17 Alstom Sizhou Electric Power Equipment Co., Ltd AUSKY (Shandong) Machinery Manufacturing Co., Ltd AVIC International Renewable Energy Co., Ltd Baotou Titan Wind Power Equipment Co., Ltd Bashi Yuexin Logistics Development Co., Ltd CATIC International Trade & Economic Development Ltd Chengde Tianbao Machinery Co., Ltd Chengxi Shipyard Co., Ltd China WindPower Group CleanTech Innovations Inc CNR Wind Turbine Co., Ltd CS Wind China Co., Ltd CS Wind Corporation CS Wind Tech (Shanghai) Co., Ltd Dajin Heavy Industry Corporation Greenergy Technology Co., Ltd Guangdong No. 2 Hydropower Engineering Co., Ltd Guodian United Power Technology Baoding Co., Ltd Harbin Hongguang Boiler Group Co., Ltd Hebei Ningqiang Group Hebei Qiangsheng Wind Equipment Co., Ltd Jiangsu Baolong Tower Tube Manufacture Co., Ltd Jiangsu Baolong Electromechanical Mfg. Co., Ltd Jiangsu Taihu Boiler Co., Ltd Jiangyin Hengrun Ring Farging Co., Ltd Jilin Miracle Equipment Manufacturing Engineering Co., Ltd Jilin Tianhe Wind Power Equipment Co., Ltd (f/k/a Jilin Mingmen Wind Power Equipment Co., Ltd) Jinan Railway Vehicles Equipment Co., Ltd Nanjing Jiangbiao Group Co., Ltd Nantong Dongtai New Energy Equipment Co., Ltd Nantong Hongbo Windpower Equipment Co., Ltd Ningxia Electric Power Group Ningxia Yinxing Energy Co Ningxia Yinyi Wind Power Generation Co., Ltd Qingdao GeLinTe Environmental Protection Equipment Co., Ltd Qingdao Ocean Group Qingdao Pingcheng Steel Structure Co., Ltd Qingdao Tianneng Electric Power Engineering Machinery Co., Ltd Qingdao Wuxiao Group Co., Ltd Renewable Energy Asia Group Ltd SDV China Nanjing Shandong Endless Wind Turbine Technical Equipment Co., Ltd Shandong Iraeta Heavy Industry Shandong Zhongkai Wind Power Equipment Manufacturers, Ltd Shanghai Aerotech Trading International Shanghai GE Guangdian Co., Ltd Shanghai Taisheng Wind Power Equipment Co., Ltd Shenyang Titan Metal Co., Ltd Sinovel Wind Group Co., Ltd Suihua Wuxiao Electric Power Equipment Co., Ltd Titan (Lianyungang) Metal Product Co., Ltd Titan Wind Energy (Suzhou) Co., Ltd Vestas Wind Technology (China) Wuxiao Steel Tower Co., Ltd Xinjiang Huitong (Group) Co., Ltd Zhangjiagang Zhiyi Medical Health Countervailing Duty Proceedings Republic of Korea: Cut-To-Length Carbon-Quality Steel Plate, C-580-837 1/1/16-12/31/17 Bookuk Steel Daewoo International Corp Dongkuk Steel Mill Co., Ltd Hyundai Glovis Co., Ltd Hyundai Mipo Dockard Co., Ltd Hyundai Steel Company Hyuosung Corporation Samsung C&T Corp. Samsung C&T Engineering & Construction Group Samsung Heavy Industries Samsung C&T Trading and Investment Group SK Networks Steel N People Co Ltd Sung Jin Steel Co., Ltd Socialist Republic of Vietnam: Steel Wire Garment Hangers, C-552-813 1/1/16-12/31/17 Angang Clothes Rack Manufacture Co Asmara Home Vietnam B2B Co., Ltd Capco Wai Shing Viet Nam Co Ltd Cong Ty Co Phan Moc AO CTN Co Ltd C.T.N. International Ltd CTN Limited Company Cty Tnhn Mtv Xnk My Phuoc Cty Thnh San Xuat My Phuoc Long An Factory Dai Nam Group Dai Nam Investment JSC Diep Son Hangers Co Ltd Diep Son Hangers One Member Co Ltd Dong Nam A Co Ltd Dong Nam A Hamico Joint Stock Company Dong Nam A Trading Co EST Glory Industrial Ltd Focus Shipping Corp Godoxa Vietnam Co Ltd Godoxa Viet Nam Ltd HCMC General Import and Export Investment Joint Stock Company Hongxiang Business and Product Co., Ltd Huqhu Co., Ltd Infinite Industrial Hanger Limited Infinite Industrial Hanger Co Ltd Ju Fu Co Ltd Linh Sa Hamico Company, Ltd Long Phung Co Ltd Lucky Cloud (Vietnam) Hanger Co Ltd Minh Quang Hanger Minh Quang Steel Joint Stock Company Moc Viet Manufacture Co., Ltd Nam A Hamico Export Joint Stock Co Nghia Phoung Nam Production Company Nguyen Haong Vu Co Ltd N-Tech Vina Co Ltd NV Hanger Co., Ltd Quoc Ha Production Trading Services Co Ltd Quyky Co., Ltd Quyky Group Quyky-Yangle International Co., Ltd S.I.I.C South East Asia Hamico Exports JSC T.J. Co Ltd TJ Group Tan Dihn Enterprise Tan Dinh Enterprise Tan Minh Textile Sewing Trading Co., Ltd Thanh Hieu Manufacturing Trading Co Ltd The Xuong Co Ltd Thien Ngon Printing Co., Ltd Top Sharp International Trading Limited Triloan Hangers, Inc Tri-State Trading Trung Viet My Joint Stock Company Truong Hong Lao-Viet Joint Stock Co., Ltd Uac Co Ltd Viet Anh Imp-Exp Joint Stock Co Viet Hanger Viet Hanger Investment, LLC Vietnam Hangers Joint Stock Company Vietnam Sourcing VNS VN Sourcing Yen Trang Co., Ltd The People's Republic of China: Certain Crystalline Silicon Photovoltaic Products, C-570-011 1/1/16-12/31/16 Baoding Jiasheng Photovoltaic Technology Co Ltd Baoding Tianwei Yingli New Energy Resources Co., Ltd Beijing Tianneng Yingli New Energy Resources Co Ltd BYD (Shangluo) Industrial Co., Ltd Canadian Solar Inc Canadian Solar International, Ltd Canadian Solar Manufacturing (Changshu), Inc Canadian Solar Manufacturing (Luoyang), Inc Chint Solar (Zhejiang) Co., Ltd Changzhou Trina Solar Energy Co., Ltd Hainan Yingli New Energy Resources Co., Ltd Hefei JA Solar Technology Co., Ltd Hengshui Yingli New Energy Resources Co., Ltd Jinko Solar Co., Ltd Jinko Solar Import and Export Co., Ltd Lixian Yingli New Energy Resources Co., Ltd Perlight Solar Co., Ltd Risen Energy Co., Ltd Shanghai BYD Co., Ltd Shanghai JA Solar Technology Co., Ltd Shenzhen Jiawei Photovoltaic Lighting Co., Ltd Shenzhen Sungold Solar Co., Ltd Shenzhen Yingli New Energy Resources Co., Ltd Sunny Apex Development Limited Tianjin Yingli New Energy Resources Co., Ltd Trina Solar (Changzhou) Science and Technology Co., Ltd Wuxi Suntech Power Co., Ltd Yingli Energy (China) Co., Ltd Yingli Green Energy International Trading Company Limited Zhejiang Jinko Solar Co., Ltd The People's Republic of China: Utility Scale Wind Towers, C-570-982 1/1/16-12/31/16 Alstom Sizhou Electric Power Equipment Co., Ltd AUSKY (Shandong) Machinery Manufacturing Co., Ltd AVIC International Renewable Energy Co., Ltd Baotou Titan Wind Power Equipment Co., Ltd Bashi Yuexin Logistics Development Co., Ltd CATIC International Trade & Economic Development Ltd Chengde Tianbao Machinery Co., Ltd Chengxi Shipyard Co., Ltd China WindPower Group CleanTech Innovations Inc CNR Wind Turbine Co., Ltd CS Wind China Co., Ltd CS Wind Corporation CS Wind Tech (Shanghai) Co., Ltd Dajin Heavy Industry Corporation Greenergy Technology Co., Ltd Guangdong No. 2 Hydropower Engineering Co., Ltd Guodian United Power Technology Baoding Co., Ltd Harbin Hongguang Boiler Group Co., Ltd Hebei Ningqiang Group Hebei Qiangsheng Wind Equipment Co., Ltd Jiangsu Baolong Tower Tube Manufacture Co., Ltd Jiangsu Baolong Electromechanical Mfg. Co., Ltd Jiangsu Taihu Boiler Co., Ltd Jiangyin Hengrun Ring Farging Co., Ltd Jilin Miracle Equipment Manufacturing Engineering Co., Ltd Jilin Tianhe Wind Power Equipment Co., Ltd (f/k/a Jilin Mingmen Wind Power Equipment Co., Ltd) Jinan Railway Vehicles Equipment Co., Ltd Nanjing Jiangbiao Group Co., Ltd Nantong Dongtai New Energy Equipment Co., Ltd Nantong Hongbo Windpower Equipment Co., Ltd Ningxia Electric Power Group Ningxia Yinxing Energy Co Ningxia Yinyi Wind Power Generation Co., Ltd Qingdao GeLinTe Environmental Protection Equipment Co., Ltd Qingdao Ocean Group Qingdao Pingcheng Steel Structure Co., Ltd Qingdao Tianneng Electric Power Engineering Machinery Co., Ltd Qingdao Wuxiao Group Co., Ltd Renewable Energy Asia Group Ltd SDV China Nanjing Shandong Endless Wind Turbine Technical Equipment Co., Ltd Shandong Iraeta Heavy Industry Shandong Zhongkai Wind Power Equipment Manufacturers, Ltd Shanghai Aerotech Trading International Shanghai GE Guangdian Co., Ltd Shanghai Taisheng Wind Power Equipment Co., Ltd Shenyang Titan Metal Co., Ltd Sinovel Wind Group Co., Ltd Suihua Wuxiao Electric Power Equipment Co., Ltd Titan (Lianyungang) Metal Product Co., Ltd Titan Wind Energy (Suzhou) Co., Ltd Vestas Wind Technology (China) Wuxiao Steel Tower Co., Ltd Xinjiang Huitong (Group) Co., Ltd Zhangjiagang Zhiyi Medical Health

    4 On December 15, 2016, Avanti Frozen Foods Private Limited was found to be the successor-in-interest to Avanti Feeds Limited. See Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp from India, 81 FR 90774 (December 15, 2016).

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

    6 This company is conditionally under review pending the expiration of any further appeal associated with the litigation pertaining to the final determination of sales at less than fair value regarding this company. See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Less Than Fair Value Investigation and Notice of Amended Final Determination of Investigation, 82 FR 15493 (March 29, 2017).

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

    8 In past reviews, the Department has treated these companies as a single entity. See, e.g., Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015, 81 FR 40671 (June 22, 2016). Absent information to the contrary, we intend to continue to treat these companies as a single entity for purposes of this administrative review. Additionally, on January 5, 2016, the Department found that Thai Union Group Public Co., Ltd is the successor-in-interest to Thai Union Frozen Products Public Co., Ltd See Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp from Thailand, 81 FR 222 (January 5, 2016).

    9 In the final determination of the underlying investigation, we treated Jinko Solar Co Ltd and Jinko Solar Import and Export Co., Ltd together with Renesola Jiangsu Ltd and Renesola Zhejiang Ltd as a single entity. See Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 79 FR 76970 (December 23, 2014).

    Suspension Agreements

    None.

    10 This Order was revoked with respect to merchandise exported by Allied Pacific (HK) Co., Ltd., or Allied Pacific Food (Dalian) Co., Ltd., and manufactured by Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd., or Allied Pacific Aquatic Products (Zhongshan) Co., Ltd., or Allied Pacific Food (Dalian) Co., Ltd. See Certain Frozen Warmwater Shrimp From the People's Republic of China and Diamond Sawblades and Parts Thereof from the People's Republic of China: Notice of Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958, 18959 (March 28, 2013). Accordingly, we are initiating this review for these exporters only with respect to subject merchandise produced by entities other than the aforementioned producers.

    11 This Order was revoked with respect to merchandise exported by Shantou Red Garden Foodstuff Co., Ltd., or Red Garden Food Processing Co., Ltd., and produced by Red Garden Food Processing Co., Ltd., or Chaoyang Jindu Hengchang Aquatic Products Enterprise Co., Ltd., or Raoping County Longfa Seafoods Co., Ltd., or Meizhou Aquatic Products Quick-Frozen Industry Co., Ltd., or Shantou Jinyuan District Mingfeng Quick-Frozen Factory, or Shantou Long Feng Foodstuffs Co., Ltd See Certain Frozen Warmwater Shrimp from the People's Republic of China and Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958, 18959 (March 28, 2013). Accordingly, we are initiating this review for these exporters only with respect to subject merchandise produced by entities other than the aforementioned producers.

    12 This Order was revoked with respect to merchandise exported by Yelin Enterprise Co Hong Kong or Shantou Yelin Frozen Seafood Co., Ltd., and manufactured by Shantou Yelin Frozen Seafood Co., Ltd., or Yangjiang City Yelin Hoi Tat Quick Frozen Seafood Co., Ltd., or Fuqing Yihua Aquatic Food Co., Ltd., or Shantou Jinyuan District Mingfeng Quick-Frozen Factory. See Certain Frozen Warmwater Shrimp from the People's Republic of China and Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958, 18959 (March 28, 2013). Accordingly, we are initiating this review for these exporters only with respect to subject merchandise produced by entities other than the aforementioned producers.

    13 This Order was revoked with respect to subject merchandise produced and exported by Zhanjiang Guolian Aquatic Products Co., Ltd See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from the People's Republic of China, 70 FR 5149, 5152 (February 1, 2005). Accordingly, we are initiating this review for this exporter only with respect to subject merchandise produced by another entity.

    14 This Order was revoked with respect to subject merchandise produced and exported by Zhanjiang Regal Integrated Marine Resources Co., Ltd See Certain Frozen Warmwater Shrimp from the People's Republic of China: Final Results of Administrative Review; 2011-2012, 78 FR 56209, 56210 (September 12, 2013). Accordingly, we are initiating this review for this exporter only with respect to subject merchandise produced by another entity.

    Duty Absorption Reviews

    During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested.

    Gap Period Liquidation

    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 POR.

    Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under administrative protective orders in accordance with the procedures outlined in the Department's regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)).

    Factual Information Requirements

    The Department's regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)-(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment.

    Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information.15 Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives. All segments of any antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. 16 The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements.

    15See section 782(b) of the Act.

    16See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (“Final Rule”); see also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.

    Extension of Time Limits Regulation

    Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. See 19 CFR 351.302. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning U.S. Customs and Border Protection data; and (5) quantity and value questionnaires. Under certain circumstances, the Department may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, the Department will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimely-filed requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Please review the final rule, available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.

    These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: April 4, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2017-07104 Filed 4-7-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No: 161207999-6999-02] Reopening of Submission Period for National Institute of Standards and Technology Prize Competition—Reusable Abstractions of Manufacturing Processes (RAMP) Challenge AGENCY:

    National Institute of Standards and Technology (NIST), United States Department of Commerce.

    ACTION:

    Notice, reopening of submission period.

    SUMMARY:

    The National Institute of Standards and Technology (NIST) is reopening the deadline for submitting entries and for resubmitting entries to the Reusable Abstractions of Manufacturing Processes (RAMP) Competition from March 20, 2017, to April 9, 2017. All entries submitted between December 19, 2016, and April 9, 2017, will be deemed timely and will be given full consideration. If, however, a person wishes to resubmit their entry, they may do so until the new deadline of April 9, 2017, and the new submission will replace the original submission. Entries submitted after the revised submission deadline of April 9, 2017, will not be reviewed or considered for the award.

    DATES:

    Entries must be received no later than 11:59 p.m. Eastern Time April 9, 2017. Entries received between December 19, 2016 and April 9, 2017 shall be deemed timely and will be given full consideration.

    ADDRESSES:

    Entries must be submitted electronically. To submit an entry, the participant must first create an account at challenge.gov and visit the Event Web site: https://www.challenge.gov/challenge/ramp-reusable-abstractions-of-manufacturing-processes/.

    FOR FURTHER INFORMATION CONTACT:

    Questions about the RAMP prize competition can be directed to the RAMP Competition Manager, Swee Leong at (301) 975-5426. Please direct media inquiries to NIST's Office of Public Affairs at (301) 975-NIST.

    SUPPLEMENTARY INFORMATION:

    On December 19, 2016, the National Institute of Standards and Technology (NIST) announced the Reusable Abstractions of Manufacturing Processes (RAMP) Challenge, with support from ASTM International, the National Science Foundation (NSF), and the American Society of Mechanical Engineers (ASME) Manufacturing Science and Engineering Conference (MSEC) Organizing Committee (81 FR 91912). The purpose of the RAMP Challenge is to familiarize the community with a recent standard for modeling manufacturing processes that was developed under the ASTM's E60.13 Subcommittee on Sustainable Manufacturing. The RAMP Challenge calls on participants (either as an individual or as a team) to model any manufacturing process and demonstrate application of the ASTM E3012-16 Unit Manufacturing Process (UMP) representation for purposes of information sharing and sustainability assessment. That announcement may be found at https://www.federalregister.gov/d/2016-30437.

    NIST is reopening the deadline for submitting entries and for resubmitting entries to the RAMP Competition from March 20, 2017, to April 9, 2017. All entries submitted between December 19, 2016, and April 9, 2017, will be deemed timely and will be given full consideration. If, however, a person wishes to resubmit their entry, they may do so until the new deadline of April 9, 2017, and the new submission will replace the original submission. Entries submitted after the revised submission deadline of April 9, 2017, will not be reviewed or considered for the award.

    Kevin Kimball, NIST Chief of Staff.
    [FR Doc. 2017-07037 Filed 4-7-17; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE60 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Gustavus Ferry Terminal Improvements Project AGENCY:

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

    ACTION:

    Notice; issuance of an incidental harassment authorization.

    SUMMARY:

    In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to the Alaska Department of Transportation and Public Facilities (ADOT&PF) to incidentally harass seven species of marine mammals during activities related to the implementation of a Ferry Terminal Improvements Project in Gustavus, Alaska.

    DATES:

    This authorization is valid from December 15, 2017 through December 14, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Robert Pauline, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    Availability

    An electronic copy of ADOT&PF's application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above (see FOR FURTHER INFORMATION CONTACT).

    Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

    Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

    Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the U.S. can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS' review of an application followed by a 30-day public notice and comment period on any proposed authorization for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization.

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as “any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).”

    Summary of Request

    On July 31, 2015, NMFS received an application from the ADOT&PF for the taking of marine mammals incidental to reconstructing the existing ferry terminal at Gustavus, Alaska, referred to as the Gustavus Ferry Terminal. On April 15, 2016, NMFS received a revised application. NMFS determined that the application was adequate and complete on April 20, 2016. ADOT&PF proposed to conduct in-water work that may incidentally harass marine mammals (i.e., pile driving and removal). This IHA would be valid from December 15, 2017 through December 14, 2018.

    Proposed activities included as part of the Gustavus Ferry Terminal Improvements Project with potential to affect marine mammals include vibratory pile driving and pile removal, as well as impact pile driving.

    Species with the expected potential to be present during the project timeframe include harbor seal (Phoca vitulina), Steller sea lion (Eumetopias jubatus), harbor porpoise (Phocoena phocoena), Dall's porpoise (Phocoenoides dalli), killer whale (Orcinus orca), humpback whale (Megaptera novaeangliae), and minke whale (Balaenoptera acutorostrata).

    Description of the Specified Activity Overview

    We provided a description of the proposed action in our Federal Register notice announcing the proposed authorization (81 FR 40852; June 23, 2016). Please refer to that document; we provide only summary information here.

    The ADOT&PF is modernizing its Gustavus Ferry Terminal in Gustavus, Alaska. The purpose of the project is to improve the vehicle transfer span and dock such that damage during heavy storms is prevented, and to improve the safety of vehicle and pedestrian transfer operations. ADOT&PF requested an IHA for work that includes removal of the existing steel bridge float and restraint structure and replacing it with two steel/concrete bridge lift towers capable of elevating the relocated steel transfer bridge above the water when not in use. Each tower would be supported by four 30-inch steel piles.

    Dates and Duration

    Pile installation and extraction associated with the Gustavus Ferry Terminal project will begin no sooner than December 15, 2017 and will be completed no later than December 14, 2018 (one year following IHA issuance). Project activities are proposed to occur during two time-periods. The first period will occur in spring of 2018, with pile driving/removal and in-water work occurring during the period of March 1, 2018 through May 31, 2018. The second period is scheduled for fall of 2018, with pile driving/removal and in-water work occurring during the period of September 1, 2018 through November 30, 2018.

    Pile driving and removal is estimated to occur for a total of about 171 hours over the course of 16 to 50 days. For the purposes of this analysis, 50 days of driving will be assumed. Impact pile driving will take place for up to 57 hours for approximately three hours per day while vibratory driving will require up to 114 hours and require up to 6 hours per day. Fifty-seven piles will be installed. Sixteen of these piles will be temporary and will be removed. The pile driving schedule is shown in Table 1.

    Table 1—Pile Driving Schedule Description Project components Dock
  • extension
  • Bridge
  • abutment
  • Lift
  • towers
  • Access
  • float
  • Log
  • float
  • Pile
  • removal
  • Piles
  • installed/
  • total piles
  • Installation/
  • removal per day
  • # of Piles 34 6 8 6 3 16 57/73 3 piles/day (maximum). Pile Size (Diameter) 24-inch 24-inch 30-inch 30-inch 12.75-inch 12.75-inch Total Strikes (Impact) 20,400 3,600 4,800 3,600 1,800 0 34,200 1,800 blows/day. Total Impact Time 34 hrs 6 hrs 8 hrs 6 hrs 3 hrs 0 57 hrs 3 hrs/day. Total Vibratory Time 54 hrs 9 hrs 13 hrs 9 hrs 5 hrs 24 hrs 114 hrs 6 hrs/day.
    Specific Geographic Region

    The proposed activities will occur at the Gustavus Ferry Terminal located in Gustavus, Alaska on the Icy Passage water body in Southeast Alaska (See Figures 1 and 2 in the application).

    Comments and Responses

    A notice of NMFS's proposal to issue an IHA to ADOT&PF was published in the Federal Register on June 23, 2016 (81 FR 40852). That notice described, in detail, ADOT&PF's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. During the 30-day public comment period, NMFS received only one set of comments, from the Marine Mammal Commission (Commission); the Commission's recommendations and our responses are provided here, and the comments have been posted online at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. Please see the Commission's letter for background and rationale regarding the recommendations, which are listed below.

    Comment 1: The Commission recommended that NMFS use a sound source level higher than the 154.3 dB re 1 μPa at 10 m that was recorded at Kake Harbor by ADOT&PF for deriving disturbance zone isopleths during vibratory driving of 30-inch steel piles at Gustavus. The Commission was concerned that this value was considerably lower than other sound source levels (SSLs) associated with driving piles of similar type and size.

    Response: ADOT&PF implemented sound source verification (SSV) measurements at Kake Harbor, Alaska and proposed to use this information as a proxy SSL for the Gustavus Ferry Terminal project. The results determined a SSL of 154.3 dB re 1 μPa at 10 m. This value was further modified to 157.7 dB re 1 μPa after the original findings were re-analyzed to include additional data from a single restraint pile that had not been included in the initial results. NMFS agrees that this SSL is lower than others that have been documented in datasets generated from locations outside Alaska. However, ADOT&PF will be using the same types of vibratory and impact hammers at Gustavus as were used at Kake. Additionally, while the substrate at Gustavus is not identical to those at Kake, both are similarly composed of relatively fine-grained sediments. The project at Kake was also using pile types and sizes that are comparable to those planned for use at Gustavus. Finally, NMFS will require ADOT&PF to conduct SSV testing as a monitoring requirement. If the recorded SSLs at Gustavus are greater than those measured at Kake, ADOT&PF will increase the isopleths as appropriate.

    Comment 2: The Commission recommended that NMFS ensure that the estimated numbers of takes are adequate if the amended Level B harassment zone calculated from a source greater than 157.7 dB re 1 μPa extends into Icy Strait.

    Response: NMFS used a SSL of 157.7 dB re 1 μPa to calculate the Level B harassment isopleth, which does not extend into Icy Strait. If the Level B harassment zone needs to be increased after ADOT&PF conducts on-site SSV verification testing, NMFS will re-evaluate numbers of estimated takes as appropriate.

    Comment 3: The Commission recommended that NMFS compile available in-situ pile driving and removal data into a central database. This would enable analysts to crosscheck data in situations like the one discussed herein, as well as in situations when applicants are having difficulty determining proxy source levels.

    Response: NMFS agrees with the Commission that a database would be of value and has begun compiling underwater sound-related information.

    Comment 4: The Commission recommends that NMFS require every applicant to specify the sediment composition, water depth (in terms of hydrophone placement and bathymetry), duration over which the pressure was averaged for sound pressure level root mean square (SPLrms) metrics, and median values in all future hydroacoustic monitoring reports.

    Response: NMFS will require every applicant to specify the sediment composition and water depth (in terms of hydrophone placement and bathymetry) for SSV. In addition, NMFS will require the applicants to provide median and averaged values of sound source measurements. However, duration over which the pressure was averaged for SPLrms values can vary for impact pile driving since NMFS requires that SPLrms be computed using a 90 percent energy window. Therefore, NMFS will only require the applicant to provide the duration from vibratory pile driving measurements.

    Comment 5: The Commission recommended that NMFS ensure consistency regarding integration of timeframes used for SPLrms measurements (e.g., 1-second averages, maximum over 10 seconds, or maximum over 30 seconds) in all future hydroacoustic monitoring reports.

    Response: In 2012, NMFS worked with scientists from the University of Washington and stakeholders from the Washington State Department of Transportation to develop a set of guidance for data collection methods to characterize impact and vibratory pile driving source levels relevant to marine mammals. For vibratory pile driving, the guidance recommends taking 10 second averages across the whole event and averaging all the 10 second periods to calculate the SPLrms value. For impact pile driving, the guidance recommends characterizing overall dBrms levels by integrating sound for each waveform across 90% of the acoustic energy in each wave (using the 5-95 percentiles to establish the 90% criterion) and averaging across all waves in the pile-driving event. NMFS will require these methods for vibratory and impact pile driving sound source measurements in the future.

    Description of Marine Mammals in the Area of the Specified Activity

    There are seven marine mammal species known to occur in the vicinity of the project area. Two of the species are known to occur near the Gustavus Ferry terminal; the harbor seal and Steller sea lion. The remaining five species may occur in Icy Passage but less frequently and farther from the ferry terminal: Harbor porpoise, Dall's porpoise, killer whale, humpback whale, and minke whale.

    We reviewed ADOT&PF's detailed species descriptions, including life history information, for accuracy and completeness and refer the reader to Section 3 of ADOT&PF's application as well as our notice of proposed IHA published in the Federal Register (81 FR 40852; June 23, 2016).

    Please also refer to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals) for generalized species accounts that provide information regarding the biology and behavior of the marine resources that occur in proximity to the project area.

    Table 2 lists marine mammal stocks that could occur near the project area that may be subject to harassment and summarizes key information regarding stock status and abundance. Note that the listed status of the humpback whale was updated in 2016 after NMFS conducted a global status review (81 FR 62259; September 8, 2016). The humpback whale was listed as endangered under the Endangered Species Conservation Act (ESCA) on December 2, 1970 (35 FR 18319). Congress replaced the ESCA with the Endangered Species Act (ESA) in 1973, and humpback whales continued to be listed as endangered. Under the revised listing status, NMFS identified 14 distinct population segments (DPS). Of these 14 DPSs, four remain listed as endangered, one is listed as threatened, and the remaining nine were identified as not warranted for listing. For humpback whales found in southeast Alaska, NMFS anticipates that the vast majority (approximately 94 percent) would be from the non-listed Hawaii DPS. A small proportion (approximately 6 percent) of whales occurring in southeast Alaska are expected to be of the Mexico DPS, which remains listed as threatened.

    Please see NMFS' Stock Assessment Reports (SAR), available at www.nmfs.noaa.gov/pr/sars, for more detailed accounts of these stocks' status and abundance.

    Table 2—Marine Mammal Species Potentially Present in Region of Activity Common name Scientific name Stock abundance
  • estimate 1
  • ESA status MMPA status Frequency of
  • occurrence 2
  • Harbor seal Phoca vitulina 7,210 (Glacier Bay/Icy Strait) Not listed Not Strategic, non-depleted Likely. Steller sea lion Eumetopias jubatus 50,983 (western distinct population segment in Alaska)/71,562 (eastern stock) Endangered (western Distinct Population Segment) Strategic, depleted (western DPS)/Not Strategic, non-depleted (eastern DPS) Likely. Dall's porpoise Phocoenoides dalli 83,400 Not listed Not Strategic, non-depleted Infrequent. Harbor porpoise Phocoena phocoena 11,146 (Southeast Alaska) Not listed Strategic, non- depleted Likely. Humpback whale (Central North Pacific Stock) Megaptera novaeangliae 10,103 Threatened (Mexico DPS)/Not listed (Hawaii DPS) Strategic, depleted (Mexico DPS)/Not Strategic, non-depleted (Hawaii DPS) Infrequent. Killer whale Orcinus orca 261 (Northern resident)/587 (Gulf of Alaska transient)/243 (West coast transient) Not listed Not strategic, non-depleted (all stocks) Infrequent. Minke whale Balaenoptera acutorostrata Unknown Not listed Not Strategic/non-depleted Infrequent. 1 NMFS marine mammal stock assessment reports at: http://www.nmfs.noaa.gov/pr/sars/species.htm. 2Infrequent: Confirmed, but irregular sightings. Likely: Confirmed and regular sightings of the species in the area year-round.
    Potential Effects of the Specified Activity on Marine Mammals

    The effects of underwater noise from pile driving activities for the Ferry Terminal Improvements Project have the potential to result in harassment of marine mammals in the vicinity of the action area. The Federal Register notice for the proposed IHA (81 FR 40852, June 23, 2016) included a discussion of the effects of anthropogenic noise on marine mammals. Therefore, that information is not repeated here; please refer to the Federal Register notice for that information. No instances of serious injury or mortality are expected as a result of the pile driving activities.

    Anticipated Effects on Habitat

    The main impact associated with the ADOT&PF project would be temporarily elevated sound levels and the associated direct effects on marine mammals. The project would not result in permanent impacts to habitats used directly by marine mammals but may have potential short-term impacts to food sources such as forage fish, and minor impacts to the immediate substrate resulting in a temporary, localized increase in turbidity. These potential effects are discussed in detail in the Federal Register notice for the proposed IHA (81 FR 40852, June 23, 2016), therefore that information is not repeated here; please refer to that Federal Register notice for that information.

    Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, “and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking” for certain subsistence uses. NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting such activity or other means of effecting the least practicable adverse impact upon the affected species or stocks, their habitat (50 CFR 216.104(a)(11)). For the proposed project, ADOT&PF worked with NMFS to develop the following mitigation measures to minimize the potential impacts to marine mammals in the project vicinity. The primary purposes of these mitigation measures are to minimize sound levels from the activities, and to shut down operations and monitor marine mammals within designated zones of influence corresponding to NMFS' current Level A and B harassment thresholds.

    In addition to the measures described later in this section, ADOT&PF will employ the following standard mitigation measures:

    (a) Conduct briefings between construction supervisors and crews, and marine mammal monitoring team, prior to the start of all pile driving activity, and when new personnel join the work, in order to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures;

    (b) For in-water heavy machinery work other than pile driving (e.g., standard barges, tug boats, barge-mounted excavators, or clamshell equipment used to place or remove material), if a marine mammal comes within 10 m, operations shall cease and vessels shall reduce speed to the minimum level required to maintain steerage and safe working conditions. This type of work could include the following activities: (1) Movement of the barge to the pile location; or (2) positioning of the pile on the substrate via a crane (i.e., stabbing the pile); and

    (c) To limit the amount of waterborne noise, a vibratory hammer will be used for initial driving, followed by an impact hammer to proof the pile to required load-bearing capacity.

    Establishment of Shutdown Zone—For all pile driving activities, ADOT&PF will establish a shutdown zone. The purpose of a shutdown zone is generally to define an area within which shutdown of activity would occur upon sighting of a marine mammal (or in anticipation of an animal entering the defined area). In this case, shutdown zones are intended to contain areas in which SPLs equal or exceed acoustic injury criteria, based on NMFS' new acoustic technical guidance published in the Federal Register on August 4, 2016 (81 FR 51693). The shutdown zones vary for specific species. For impact driving, the shutdown zone extends to 550 m for humpback whale and minke whale; for harbor seal, harbor porpoise and Dall's porpoise, the zone extends to 100 m; and for killer whale and Steller sea lion, the zone is set at 25 m. Note that for harbor seal, harbor porpoise, and Dall's porpoise, the injury zones extend beyond the designated shutdown zones, resulting in potential for some Level A take for these species. This approach will allow operations to continue when animals from these three species are sighted beyond the the 100 m shutdown zone. If the shutdown zone extended out to the full PTS isopleth (282.3 m for harbor seal; 628 m for harbor porpoise and Dall's porpoise) for these species, it is likely that impact driving operations would have to be shut down continuously due to the relatively high abundance of animals in the project area. Permitting Level A take will allow the project to be completed in a relatively expedient manner while impacting a limited number of animals. For vibratory driving, the shutdown zone is 20 m for harbor porpoise, Dall's porpoise, humpback whale and minke whale. The shutdown zone for killer whale, harbor seal and Steller sea lion is 10 m during vibratory driving. The derivation of these shutdown isopleths is described in the Estimated Take section.

    Establishment of Level A Take Zone—ADOT&PF will establish Level A take zones which are areas beyond the shutdown zones where animals may be exposed to sound levels that could result in permanent threshold shift (PTS).

    Establishment of Disturbance Zones—ADOT&PF will establish Level B disturbance zones or zones of influence (ZOI) which, according to current NMFS guidance, are areas where SPLs equal or exceed 160 dB rms for impact driving and 120 dB rms for vibratory driving. Disturbance zones provide utility for monitoring by establishing monitoring protocols for areas adjacent to the shutdown zones. Monitoring of disturbance zones enables observers to be aware of and communicate the presence of marine mammals in the project area but outside the shutdown zone and thus prepare for potential shutdowns of activity.

    Temporal and Seasonal Restrictions—The following restrictions will apply to all pile driving activities:

    (a) Work may only occur during daylight hours, when visual monitoring of marine mammals can be conducted;

    (b) All in-water construction will be limited to the periods between March 1 and May 31, 2018, and September 1 and November 30, 2018; and

    (c) Starting March 1, 2018 through May 31, 2018 and September 1, 2018, through September 30, 2018, all pile driving operations will end at 4 p.m. as charter fishing vessels return to the dock. Steller sea lions are attracted and habituated to the project area to forage on scraps from the charter boats that are returning to the dock and cleaning fish in the late afternoon (pers. Comm. Chris Gabriele (Hart Crowser 2015)). Late afternoon is likely to be the period of the day when the highest numbers of sea lions are present in the action area, so stopping operations will limit exposure to concentrated higher numbers of Steller sea lions. Because different numbers of fishing charter vessels may be operating each day and returning at various times, pile driving will stop if 5 or more Steller sea lions are observed following charter fishing vessels to the dock prior to 4 p.m.

    Soft Start—The use of a soft-start procedure is believed to provide additional protection to marine mammals by providing warning and/or giving marine mammals a chance to leave the area prior to the hammer operating at full capacity. For impact pile driving, contractors will be required to provide an initial set of strikes from the hammer at 40 percent energy, each strike followed by no less than a 30-second waiting period. This procedure will be conducted a total of three times before impact pile driving begins. Soft start will also be conducted whenever impact driving commences after 30 or more minutes since the last impact pile driving action.

    Sound Attenuation Devices—During impact pile driving, contractors will be required to use pile caps. Pile caps reduce the sound generated by the pile, although the level of reduction can vary.

    Mitigation Conclusions

    We have carefully evaluated ADOT&PF's mitigation measures and considered their effectiveness in past implementation to determine whether they are likely to effect the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another: (1) The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals, (2) the proven or likely efficacy of the specific measure to minimize adverse impacts as planned; and (3) the practicability of the measure for applicant implementation.

    Any mitigation measure(s) we prescribe should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed below:

    (1) Avoidance or minimization of injury or death of marine mammals wherever possible (goals 2, 3, and 4 may contribute to this goal);

    (2) A reduction in the number (total number or number at biologically important time or location) of individual marine mammals exposed to stimuli expected to result in incidental take (this goal may contribute to 1 above);

    (3) A reduction in the number (total number or number at biologically important time or location) of times any individual marine mammal would be exposed to stimuli expected to result in incidental take (this goal may contribute to 1 above);

    (4) A reduction in the intensity of exposure to stimuli expected to result in incidental take (this goal may contribute to 1 above);

    (5) Avoidance or minimization of adverse effects to marine mammal habitat, paying particular attention to the prey base, blockage or limitation of passage to or from biologically important areas, permanent destruction of habitat, or temporary disturbance of habitat during a biologically important time; and

    (6) For monitoring directly related to mitigation, an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation.

    Based on our evaluation of ADOT&PF's measures, including information from monitoring of implementation of mitigation measures very similar to those described here under previous IHAs from other marine construction projects, we have determined that the mitigation measures provide the means of effecting the least practicable impact on marine mammal species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

    Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for incidental take authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the action area. ADOT&PF submitted a marine mammal monitoring plan as part of the IHA application. It can be found in Appendix B of the Application.

    Any monitoring requirement we prescribe should improve our understanding of one or more of the following:

    • Occurrence of marine mammal species in action area (e.g., presence, abundance, distribution, density);

    • Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) Action or environment (e.g., source characterization, propagation, ambient noise); (2) Affected species (e.g., life history, dive patterns); (3) Co-occurrence of marine mammal species with the action; or (4) Biological or behavioral context of exposure (e.g., age, calving or feeding areas);

    • Individual responses to acute stressors, or impacts of chronic exposures (behavioral or physiological);

    • How anticipated responses to stressors impact either: (1) Long-term fitness and survival of an individual; or (2) Population, species, or stock; and

    • Effects on marine mammal habitat and resultant impacts to marine mammals.

    • Mitigation and monitoring effectiveness.

    Monitoring Measures

    The monitoring measures described below for the Final IHA have been updated somewhat from those listed in the notice of proposed authorization, to reflect NMFS' current standard monitoring measures for applicable IHAs. These updates do not change the substance, scope, or anticipated effectiveness of the monitoring measures.

    Monitoring Protocols—Monitoring will be conducted by qualified marine mammal observers (MMOs), who are trained biologists, with the following minimum qualifications:

    • Independent observers (i.e., not construction personnel) are required;

    • At least one observer must have prior experience working as an observer;

    • Other observers may substitute education (undergraduate degree in biological science or related field) or training for experience;

    • Ability to conduct field observations and collect data according to assigned protocols.

    • Experience or training in the field identification of marine mammals, including the identification of behaviors;

    • Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations;

    • Writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed; dates and times when in-water construction activities were conducted; dates and times when in-water construction activities were suspended to avoid potential incidental injury from construction sound of marine mammals observed within a defined shutdown zone; and marine mammal behavior;

    • Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary; and

    • NMFS will require submission and approval of observer CVs.

    In order to effectively monitor the pile driving monitoring zones, the MMOs will be positioned at the best practical vantage points. The monitoring position may vary based on pile driving activities and the locations of the piles and driving equipment. These may include the catwalk at the ferry terminal, the contractor barge, on a vessel, or another location deemed to be more advantageous. The monitoring location will be identified with the following characteristics: (1) Unobstructed view of pile being driven; (2) Unobstructed view of all water within a 3,265 m (vibratory driving) and 2,090 m (impact driving) radius of each pile, although it is understood that monitoring may be impaired at longer distances; (3) Clear view of pile driving operator or construction foreman in the event of radio failure; and; (4) Safe distance from pile driving activities in the construction area.

    A total of two observers will be on site and actively observing the shutdown and disturbance zones during all pile driving and extraction activities. Observers will use their naked eye with the aid of big-eye binoculars and a spotting scope to search continuously for marine mammals during all pile driving and extraction activities. One observer will always be positioned on the dock looking out to monitor the zone that is currently in effect. A second observer will be located on either the dock supplementing efforts of the first observer in monitoring from that point, or, when weather and safety conditions permit, on a vessel transiting the observation zones. In the Federal Register notice for the proposed IHA, NMFS had recommended that ADOT&PF coordinate with the NPS and whale-watching charters to augment their land-based monitoring with information from boats in Icy Strait/Passage. However, most NPS surveys and whale-watching charters occur outside of the designated work windows for this project (i.e., September through November and March through May). Therefore, this protocol has been removed as a monitoring requirement under this IHA. However, monitoring will be augmented through the use of two on-site observers, rather than the one on-site observer required under the proposed IHA.

    The following additional measures apply to visual monitoring:

    • Monitoring will begin 30 minutes prior to pile driving. This will ensure that all marine mammals in the monitoring zone are documented and that no marine mammals are present in the injury zone;

    • If a marine mammal comes within or approaches the shutdown zone, pile driving operations shall cease. Pile driving will only commence once observers have declared the shutdown zone clear of the marine mammals or if it has not been seen in the shutdown zone for 30 minutes for cetaceans or 15 minutes for pinnipeds. Their behavior will be monitored and documented. The shutdown zone may only be declared clear, and pile driving started, when the entire shutdown zone is visible (i.e., when not obscured by dark, rain, fog, etc.);

    • When a marine mammal is observed, its location will be determined using a rangefinder to verify distance and a GPS or compass to verify heading;

    • The MMOs will record any cetacean or pinniped present in the injury zone. The Level A zone extends out to 630 m from the site of impact pile driving activity for harbor porpoise and Dall's porpoise. The Level A zone for harbor seals during impact driving is set at 285 m. There are no Level A take zones applicable to other species for which take is authorized.

    • The MMOs will record any cetacean or pinniped present in the disturbance zone. For impact driving the Level B harassment area encompasses a radius of 2,090 m from the site of pile driving. During vibratory driving radius of the Level B harassment area extends to 3,265 m.

    • At the end of the pile driving day, post-construction monitoring will be conducted for 30 minutes beyond the cessation of pile driving;

    • If any marine mammal species are encountered during activities that are not listed in Table 1 for authorized taking and are likely to be exposed to SPLs greater than or equal to 160 dB re 1 μPa (rms) for impact driving and 120 dB re 1 μPa (rms) for vibratory driving, then the ADOT&PF must stop pile driving activities and report observations to NMFS' Office of Protected Resources;

    • If waters exceed a sea-state which restricts the observers' ability to make observations within the marine mammal shutdown zone (e.g., excessive wind or fog), pile installation and removal will cease. Pile driving will not be initiated until the entire shutdown zone is visible.

    Data Collection

    Observers are required to use approved data forms. Among other pieces of information, ADOT&PF will record detailed information about any implementation of shutdowns, including the distance of animals to the pile and description of specific actions that ensued and resulting behavior of the animal, if any. In addition, the ADOT&PF will attempt to distinguish between the number of individual animals taken and the number of incidents of take. At a minimum, the following information will be collected on the sighting forms:

    • Date and time that monitored activity begins or ends;

    • Construction activities occurring during each observation period;

    • Detailed information about any implementation of shutdowns, including the distance of animals to the pile and description of specific actions that ensued and resulting behavior of the animal, if any;

    • Weather parameters (e.g., percent cover, visibility);

    • Water conditions (e.g., sea state, tide state);

    • Species, numbers, and, if possible, sex and age class of marine mammals;

    • Description of any observable marine mammal behavior patterns, including bearing and direction of travel and distance from pile driving activity;

    • Distance from pile driving activities to marine mammals and distance from the marine mammals to the observation point;

    • Locations of all marine mammal observations; and

    • Other human activity in the area.

    Sound Source Verification

    SSV testing of impact and vibratory pile driving will be conducted for this project within seven days of initiating underwater pile driving work. The monitoring plan will be in agreement with a NMFS document titled “Guidance Document: Data Collection Methods to Characterize Impact and Vibratory Pile Driving Source Levels Relevant to Marine Mammals” dated January 31, 2012. The SSV will be conducted by an acoustical firm with prior experience conducting SSV tests in Alaska. NMFS must approve the acoustic monitoring plan. Results will be sent to NMFS no later than 14 days after field-testing has been completed. If necessary, the shutdown, Level A, and Level B harassment zones will be adjusted to meet MMPA requirements within 7 days of NMFS receiving field results.

    Reporting

    ADOT&PF will notify NMFS prior to the initiation of the pile driving activities and will provide NMFS with a draft monitoring report within 90 days of the conclusion of the construction work. This report will detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed. If no comments are received from NMFS within 30 days of submission of the draft final report, the draft final report will constitute the final report. If comments are received, a final report must be submitted within 30 days after receipt of comments.

    Estimated Take

    This section includes an estimate of the number of incidental “takes” proposed for authorization pursuant to this IHA, which will inform both NMFS' consideration of whether the number of takes is “small” and the negligible impact determination.

    Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as: “. . . any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).”

    No serious injury or mortality is anticipated to result from this activity. Limited take of three species of marine mammal (i.e., harbor seal, harbor porpoise, and Dall's porpoise) by Level A harassment (injury) is authorized due to potential auditory injury that cannot reasonably be prevented through mitigation. Mitigation zones are expected to reduce Level A harassment for these three species and prevent Level A harassment for all other species. Level B harassment (behavioral disturbance) is expected to occur and take is authorized for the numbers identified below.

    Given the many uncertainties in predicting the quantity and types of impacts of sound on marine mammals, it is common practice to estimate how many animals are likely to be present within a particular distance of a given activity, or exposed to a particular level of sound.

    ADOT&PF has requested authorization for the incidental taking of small numbers of marine mammals near the Gustavus Ferry Terminal that may result from impact pile driving, vibratory pile driving and vibratory pile removal. In order to estimate the potential incidents of take that may occur incidental to the specified activity, we must first estimate the extent of the sound field that may be produced by the activity and then consider in combination with information about marine mammal density or abundance in the project area. We first provide information on applicable sound thresholds for determining effects to marine mammals before describing the information used in estimating the sound fields, the available marine mammal density or abundance information, and the method of estimating potential incidences of take.

    Sound Thresholds

    We use sound exposure thresholds to determine when an activity that produces sound might result in impacts to a marine mammal such that a take by injury or behavioral harassment might occur. These thresholds are used to estimate when injury or harassment may occur.

    Distance to Sound Thresholds

    The sound field in the project area is the existing ambient noise plus additional construction noise from the project. The primary components of the project expected to affect marine mammals are the sounds generated by impact pile driving, vibratory pile driving, and vibratory pile removal.

    In order to calculate distances to the Level A and Level B sound thresholds, NMFS used acoustic monitoring data that had been collected at the Kake Ferry Terminal by ADOT&PF. ADOT&PF implemented SSV measurements at Kake Harbor, Alaska and used this information as a proxy SSL for the Gustavus Ferry Terminal project. The results determined a SSL of 157.7 dB re 1 μPa rms at 10 m for vibratory driving, 194.8 dB re 1 μPa rms at 10 m for impact driving, and single strike/shot sound exposure level (SEL) of 179.3 dB. These SSLs are different than those found in the notice of proposed authorization. The Kake Harbor findings were re-analyzed to include additional data from a single restraint pile that had not been included in the original notice, resulting in elevated SSLs and larger Level A and Level B isopleths associated with the planned impact and vibratory driving.

    The formula below is used to calculate underwater sound propagation. Transmission loss (TL) is the decrease in acoustic intensity as an acoustic pressure wave propagates out from a source. TL parameters vary with frequency, temperature, sea conditions, current, source and receiver depth, water depth, water chemistry, and bottom composition and topography. The general formula for underwater TL is:

    TL = B * log10 (R1/R2) Where: TL = transmission loss in dB B = transmission loss coefficient; for practical spreading equals 15 R1 = the distance of the modeled SPL from the driven pile, and R2 = the distance from the driven pile of the initial measurement. NMFS typically recommends a default practical spreading loss of 15 dB per tenfold increase in distance. ADOT&PF analyzed the available underwater acoustic data utilizing the practical spreading loss model.

    On August 4, 2016, NMFS released its Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Guidance, available at http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm). This new guidance established new thresholds for predicting auditory injury, which equates to Level A harassment under the MMPA. In the Federal Register notice (81 FR 51694), NMFS explained the approach it would take during a transition period, wherein we balance the need to consider this new best available science with the fact that some applicants have already committed time and resources to the development of analyses based on our previous guidance and have constraints that preclude the recalculation of take estimates, as well as where the action is in the agency's decision-making pipeline. In that Notice, we included a non-exhaustive list of factors that would inform the most appropriate approach for considering the new Guidance, including: The scope of effects; how far in the process the applicant has progressed; when the authorization is needed; the cost and complexity of the analysis; and the degree to which the guidance is expected to affect our analysis. In this case, ADOT&PF initially submitted a request for authorization on June 30, 2015. A revised application was submitted on April 15, 2016. A Federal Register notice announcing the proposed authorization was published on June 23, 2016 (81 FR 40852). Under the new Guidance, NMFS determined that there is a greater likelihood of auditory injury for low-frequency cetaceans (i.e., humpback whale, minke whale); high-frequency cetaceans (i.e., harbor porpoise, Dall's porpoise); and Phocid pinnipeds (i.e., harbor seals) during impact driving than was considered in our notice of proposed authorization (81 FR 40852). In order to address this likelihood, we increased the required shutdown zones for humpback and minke whales, harbor porpoise, Dall's porpoise, and harbor seals. In addition, to account for the potential that harbor seals, harbor porpoises and Dall's porpoises may enter into the Level A take zones that exists beyond the designated shutdown zone, we authorize the taking by Level A harassment of limited numbers of these species. In summary, we have considered the new Guidance and believe that the likelihood of injury is adequately addressed in the analysis contained herein and appropriate protective measures are in place in the IHA.

    The calculation of the Level A harassment zones utilized the methods presented in Appendix D of the Guidance, and the accompanying User Spreadsheet. The Guidance provides updated PTS onset thresholds using the cumulative SEL (SELcum) metric, which incorporates marine mammal auditory weighting functions, to identify the received levels, or acoustic thresholds, at which individual marine mammals are predicted to experience changes in their hearing sensitivity for acute, incidental exposure to all underwater anthropogenic sound sources. The Guidance (Appendix D) and its companion User Spreadsheet provide alternative methodology for incorporating these more complex thresholds and associated weighting functions.

    The User Spreadsheet accounts for effective hearing ranges using Weighting Factor Adjustments (WFAs), and ADOT&PF's application uses the recommended values for vibratory and impact driving therein. NMFS' new acoustic thresholds use dual metrics of SELcum and peak sound level (PK) for impulsive sounds (e.g., impact pile driving) and SELcum for non-impulsive sounds (e.g., vibratory pile driving) (Table 3). ADOT&PF used source level measurements from similar pile driving events and, using the User Spreadsheet, applied the updated PTS onset thresholds for impulsive PK and SELcum assuming 600 strikes per pile and installation of 3 piles per day to determine distance to the isopleths for PTS onset for impact pile driving. For vibratory pile driving, ADOT&PF used the User Spreadsheet to determine isopleth estimates for PTS onset using the cumulative sound exposure level metric (LE) assuming a driving time of up to 6 hours per day. In determining the cumulative sound exposure levels, the Guidance considers the duration of the activity, the sound exposure level produced by the source during one working day, and the effective hearing range of the receiving species. In the case of the duel metric acoustic thresholds (Lpk and LE) for impulsive sound, the larger of the two isopleths for calculating PTS onset is used. These values were then used to develop mitigation measures for proposed pile driving activities (Table 3).

    NMFS's new acoustic guidance established new thresholds for predicting auditory injury (Level A Harassment). The Guidance indicates that there is a greater likelihood of auditory injury for low-frequency cetaceans, high-frequency cetaceans, and Phocid pinnipeds than was considered in our notice of proposed authorization. The practical spreading loss model estimates injury zones for functional hearing groups for which take is authorized for pulsed sound generated during impact pile driving (Table 4) and non-pulsed sound during vibratory pile driving (Table 5).

    Table 3—Summary of PTS Onset Acoustic Thresholds Hearing group PTS onset acoustic thresholds *
  • (received level)
  • Impulsive Non-impulsive
    Low-Frequency (LF) Cetaceans Lpk,flat: 219 dB, LE,LF,24h: 183 dB LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans Lpk,flat: 230 dB, LE,MF,24h: 185 dB LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans Lpk,flat: 202 dB, LE,HF,24h: 155 dB LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) Lpk,flat: 218 dB, LE,PW,24h: 185 dB LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) Lpk,flat: 232 dB, LE,OW,24h: 203 dB LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. Note: Peak sound pressure (L pk) has a reference value of 1 µPa, and cumulative sound exposure level (L E) has a reference value of 1µPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript “flat” is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
    Table 4—Underwater Level A Injury Threshold Decibel Levels and Corresponding Isopleths for Functional Hearing Groups During Impact Driving Hearing group Low-frequency
  • cetaceans
  • (humpback whale,
  • minke whale)
  • Mid-frequency
  • cetaceans
  • (killer whale)
  • High-frequency
  • cetaceans
  • (harbor porpoise,
  • Dall's porpoise)
  • Phocid
  • pinnipeds
  • (harbor seal)
  • Otariid
  • pinnipeds
  • (Steller sea lion)
  • SELcum Threshold 183 185 155 185 203 PTS Isopleth to threshold (m)/Impact Driving 527.5 18.8 628.3 282.3 20.6 *All decibel levels referenced to 1 μPa. Note all thresholds are based off root mean square (rms) levels ** PTS = Permanent Threshold Shift.

    Based on this data NMFS will require shutdown zones that extend to 550 m for humpback whale and minke whale; 100 m for harbor seal, harbor porpoise and Dall's porpoise; and 25 m for killer whale and Steller sea lion. NMFS will also require Level A take zones which are areas beyond the shutdown zones where animals may be exposed to sound levels that could result in permanent threshold shift (PTS). The Level A zone of 628.3 m will be rounded to a zone of 630 m for harbor porpoise and Dall's porpoise for monitoring purposes while the Level A zone of 282.3 for harbor seals will be rounded to 285 m. There are no Level A take zones applicable to other species for which take is authorized.

    Table 5—Underwater Level A Harassment Threshold Decibel Levels and Corresponding Isopleths for Functional Hearing Groups During Vibratory Driving Hearing group Low-frequency
  • cetaceans
  • (humpback whale,
  • minke whale)
  • Mid-frequency
  • cetaceans
  • (killer whale)
  • High-frequency
  • cetaceans
  • (harbor porpoise,
  • Dall's porpoise)
  • Phocid
  • pinnipeds
  • (harbor seal)
  • Otariid
  • pinnipeds
  • (Steller sea lion)
  • SELcum Threshold 183 185 155 185 203 PTS Isopleth to threshold (m)/Impact Driving 13.6 1.2 20.1 8.3 0.6 *All decibel levels referenced to 1 μPa. Note all thresholds are based off root mean square (rms) levels ** PTS = Permanent Threshold Shift.

    Based on these results NMFS will require a shutdown zone during vibratory driving of 20 m for harbor porpoise, Dall's porpoise, humpback whale and minke whale. A standard 10 m zone for killer whale, harbor seal and Steller sea lion will also be implemented during vibratory driving.

    The disturbance zone for impact pile driving is approximately 2,090 m from the driven pile for all marine mammals. The disturbance zone for continuous noise generated by a vibratory hammer is larger, predicted to extend for 3,265 m from the pile. Table 6 illustrates thresholds and isopleths for this activity that might result in Level B harassment impacts to a marine mammal.

    Table 6—Underwater Level B Disturbance Threshold Decibel Levels for Marine Mammals and Corresponding Isopleths for Impact and Vibratory Pile Driving Type of sound source Behavioral disruption
  • for impulse noise
  • (e.g., impact
  • pile driving)
  • Behavioral disruption
  • for non-pulse noise
  • (e.g., vibratory pile
  • driving, drilling)
  • Threshold 160 dB rms 120 dB. Isopleth to threshold (m) 2,090 m 3,265 m. *All decibel levels referenced to 1 μPa. Note all thresholds are based off root mean square (rms) levels.

    The method used for calculating potential exposures to impact and vibratory pile driving noise for each threshold uses local marine mammal data sets and data from an IHA monitoring report from a similar project in the area. It is assumed that all pilings installed at each site would have an underwater noise disturbance equal to the piling that causes the greatest noise disturbance (i.e., the piling furthest from shore) installed with the method that has the largest ZOI. The largest underwater disturbance ZOI would be produced by vibratory driving steel piles. Note that the ZOIs for each threshold are not spherical and are truncated by land masses on either side of the channel which would dissipate sound pressure waves.

    Since density information was not available for marine mammal species near Gustavus, NMFS relied on two observational data sets. For the first study, ADOT&PF hired two observers to visit the Gustavus dock twice every day between March 7, 2016 and May 15, 2016. They scanned for marine mammals within 2000 m for at least 30 minutes on each visit and recorded observations. Because these data are at the project location at the same time of year as the Spring phase of work for this project, and in the absence of survey data, NMFS considers these data best available for March through May.

    Similar data are not available for the September through November work phase. However, a nearby ferry terminal reconstruction project took place in Hoonah, Alaska in the Fall of 2015. Hoonah is located 32 kilometers (km) southeast of Gustavus. An IHA was issued for the Hoonah project which required submission of a marine mammal monitoring report after project completion (BerberABAM 2016). The Hoonah project required the use of both land and vessel-based observers to monitor waters that spanned the width of Icy Strait, reaching as far north as the southern shore of Pleasant Island. The ZOI for the Gustavus project extends to the northern shores of Pleasant Island and westward into Icy Strait. While the ZOIs of the Hoonah and Gustavus projects do not directly overlap, NMFS felt that marine mammals are likely to traverse both ZOIs in comparable numbers. Note that opportunistic sightings are not considered abundance estimates and do not account for unseen animals in the area and in the water. Opportunistic surveys do not have a correction factor for those uncounted animals. Nevertheless, NMFS considers the data from the 2016 ADOT&PF study and 2015 Hoonah monitoring report to be the best data available, respectively, for the March through May and September through November periods.

    In order to estimate take, NMFS assumed the following:

    • 50 days of pile driving are assumed to occur in this exposure analysis (ADOT&PF states that between 16 and 50 days of pile driving activity could occur).

    • 33 days of pile driving will occur in March, April, October, and November (non-charter season) and 17 days of pile driving will occur in May and September (charter season).

    ○ 33 days in 4 non-charter months = 8.25 days/month outside of the charter season ○ 17 days in 2 charter months = 8.5 days/month during the charter season

    • The highest number of observed animals on any one day of the month will be utilized.

    The calculation for marine mammal exposures, except for Dall's porpoise, was estimated as follows:

    (the highest number of animals observed per day in a given month) × (number of days of pile driving/removal activity in that month). The monthly totals were added to arrive at a final estimate.

    Note that with the exception of Dall's porpoise, the estimated numbers of animal exposures in the proposed IHA Federal Register Notice (81 FR 40852) are different from those listed in this Final IHA Notice of Issuance. NMFS determined that the new site-specific information contained in the 2016 ADOT&PF and 2015 Hoonah surveys was the best available and incorporated it as part of the methodology described above in the Final IHA. Additionally, the proposed IHA indicated that the first period of construction would occur from September through November of 2017 while the second period was scheduled for March through May of 2018. The applicant opted to delay the start date until 2018. Therefore, the Final IHA authorizes take during the first construction period from March through May of 2018 as well as the second construction period running from September through November of 2018.

    Steller Sea Lion

    There are numerous Steller sea lion haulouts in Icy Strait but none occurring in Icy Passage (Mathews et al., 2011; Tod Sebens, CSE, Stephen Vanderhoff, SWE, Janet Neilson, NPS, personal communication). The nearest Steller sea lion haulout sites are located on Black Rock on the south side of Pleasant Island and Point Carolus west across the Strait from Point Gustavus (Mathews et al., 2011). Both haulouts are over 16 km from the Gustavus Ferry Terminal.

    Steller sea lions are common in the ferry terminal area during the charter fishing season (May to September) and are known to haul out on the public dock (Tod Sebens, CSE, Stephen Vanderhoff, SWE, Janet Neilson, NPS, personal communication Bruce Kruger, ADF&G, personal communication). During the charter fishing season, Steller sea lions begin arriving at the ferry terminal as early as 2:00 p.m. local time, reaching maximum abundance when the charter boats return at approximately 5:00 p.m. local time. The sea lions forage on the carcasses of the sport fish catch and then vacate the area.

    There are no density estimates of Steller sea lions available in the action area. The best available information on the distribution of these marine mammals in the study area comes from the 2016 ADOT&PF study and the 2015 Hoonah monitoring report. Individuals taken would likely be a mix of solitary adult males and females. NMFS does not anticipate exposure of Steller sea lion pups, as there are no rookeries within the action area.

    NMFS has classified Steller sea lions as two distinct population segments under the ESA—the western and eastern stocks. The western DPS, extending from Japan around the Pacific Rim to Cape Suckling in Alaska (144° W.), was listed as endangered due to its continued decline and lack of recovery. The eastern DPS, extending from Cape Suckling (144° W.) east to British Columbia and south to California, was previously listed as threatened under the ESA. NMFS has removed the eastern DPS from the list of threatened species, while the western DPS remains listed as endangered. Note that since the actual percentage of western DPS versus eastern DPS of Steller sea lions in the project area is unknown, NMFS will conservatively estimate that all individuals are from the endangered western DPS.

    Based on the information presented in Table 7, NMFS has authorized 709 Level B harassment takes of Steller sea lions. No Level A takes are authorized since the shutdown zone for Steller sea lions during impact or vibratory pile driving is larger than the PTS isopleth.

    Table 7—Estimated Monthly Total Number of Steller Sea Lions Exposed to Continuous and Impact Sourced Sounds From Pile Driving Month/year Project activity occurring Charter season Number of
  • days of pile
  • driving
  • Maximum
  • number of
  • animals
  • observed on a
  • single day
  • Estimated
  • monthly total
  • number of
  • exposed animals
  • March 2018 Construction No 8.25 2 4 33. April 2018 Construction No 8.25 2 7 57.75. May 2018 Construction Yes 8.5 2 6 51. September 2018 Construction Yes 8.5 1 26 221. October 2018 Construction No 8.25 1 33 272.25. November 2018 Construction No 8.25 2 9 74.25. Total 709.25.
  • 709 (rounded).
  • 1 These estimates come from observations made at the dock during March-May of 2016. 2 These estimates are from monitoring in nearby Icy Strait in 2015.

    Note that the final take numbers for Steller sea lion calculated in this Notice as well as the Environmental Assessment (EA) were slightly different than those included in the Biological Opinion which was drafted under the ESA. In the Biological Opinion, a total of 708 takes were calculated while 709 were estimated for this Notice and the EA. This occurred because the EA calculated takes based on 8.25 or 8.5 days of pile driving per month, as applicable, while the Biological Opinion used a single average value of 8.33 days per month, resulting in a slightly different final take number. However, this small discrepancy will have no practical impacts because the numbers are so close and the take numbers were calculated using conservative assumptions, so NMFS does not anticipate the applicant taking anywhere close to the authorized number of takes.

    Humpback Whale

    NMFS used humpback whale data collected from the 2016 ADOT&PF study and 2015 Hoonah monitoring report to estimate take using the methodology described above. Based on the information presented in Table 8, NMFS has authorized 600 Level B harassment takes of humpback whales. No Level A takes are authorized since the shutdown zones are larger than the PTS isopleths.

    Table 8—Estimated Monthly Total Number of Humpback Whales Exposed to Continuous and Impact Sourced Sounds From Pile Driving Month/year Number of
  • days of pile
  • driving
  • Maximum
  • number of
  • animals
  • observed on a
  • single day
  • Estimated
  • monthly total
  • number of
  • exposed animals
  • March 2018 8.25 1 6 49.5. April 2018 8.25 1 22 181.5. May 2018 8.5 1 10 85. September 2018 8.5 2 15 127.5. October 2018 8.25 2 18 148.5. November 2018 8.25 2 1 8.25. Total 600.25.
  • 600 (rounded).
  • 1 These estimates come from observations made at the dock during March-May of 2016. 2 These estimates are from monitoring in nearby Icy Strait in 2015.
    Harbor Seal

    There are no documented haulout sites for harbor seals in the vicinity of the project. The nearest haulouts, rookeries, and pupping grounds occur in Glacier Bay over 32 km from the ferry terminal. However, occasionally an individual will haul out on rocks on the north side of Pleasant Island (Stephen Vanderhoff, SWE, personal communication). A recent study of post-breeding harbor seal migrations from Glacier Bay demonstrates that some harbor seals traveled extensively beyond the boundaries of Glacier Bay during the post-breeding season (Womble and Gende 2013). Strong fidelity of individuals for haulout sites during the breeding season was documented in this study as well. Harbor seals are also documented in Icy Passage in the winter and early spring (Womble and Gende 2013). Using the 2016 ADOT&PF and 2015 Hoonah data, NMFS has authorized 675 total takes of harbor seals as shown in Table 9. Since the PTS isopleth (282.3 m) during impact driving is greater than the shutdown zones (100 m) NMFS is authorizing Level A take using the following calculation:

    Level A takes = (PTS isopleth − Shutdown zone)/Level B Isopleth (3,265 m) * Total Takes; Animals in Shutdown Zone = (Shutdown zone isopleth/Level B Isopleth) * Total Takes; and Level B takes = Total Takes − Level A Takes − Shutdown Takes Using these calculations, NMFS is authorizing 38 Level A and 616 Level B harbor seal takes as shown in Table 9. Table 9—Estimated Monthly Total Number of Harbor Seals Exposed to Continuous and Impact Sourced Sounds From Pile Driving Month/year Number of
  • days of pile
  • driving
  • Maximum
  • number of
  • animals
  • observed on a
  • single day
  • Estimated
  • monthly total
  • number of
  • exposed animals
  • March 2018 8.25 1 20 165. April 2018 8.25 1 16 132. May 2018 8.5 1 7 59. September 2018 8.5 2 22 187. October 2018 8.25 2 16 132. November 2018 8.25 2 0 0. Total 675.
  • 21 Shutdown Zone.
  • 38 Level A.
  • 616 Level B.
  • 654 Total.
  • 1 These estimates come from observations made at the dock during March-May of 2016. 2 These estimates are from monitoring in nearby Icy Strait in 2015.
    Harbor Porpoise

    Harbor porpoise are common in Icy Strait. Concentrations of harbor porpoise were consistently found in varying habitats surrounding Zarembo Island and Wrangell Island, and throughout the Glacier Bay and Icy Strait regions (Dahlheim et al., 2009). These concentrations persisted throughout the three seasons sampled. Dahlheim (2015) indicated that 332 resident harbor porpoises occur in the Icy Strait area, though the population has been declining across Southeast Alaska since the early 1990's (Dahlheim et al., 2012). During a 2014 survey, Barlow et al. (in press) observed 462 harbor porpoises in the Glacier Bay and Icy Strait area during a three-month summer survey period. It is estimated that harbor porpoise are observed on at least 75 percent of whale watch excursions (75 of 100 days) during the May through September months (Tod Sebens, CSE, Stephen Vanderhoff, SWE, personal communication).

    Using the 2016 ADOT&PF and 2015 Hoonah data, NMFS has authorized 158 total takes of harbor porpoise as shown in Table 10. Since the PTS isopleth (628.3 m) is greater than the shutdown zone (100 m), NMFS is authorizing Level A take. Using the same calculation utilized to derive harbor seal takes, NMFS is authorizing 26 Level A and 127 Level B harbor porpoise takes.

    Table 10—Estimated Monthly Total Number of Harbor Porpoise Exposed to Continuous and Impact Sourced Sounds From Pile Driving Month/year Number of
  • days of pile
  • driving
  • Maximum
  • number of
  • animals
  • observed on a
  • single day
  • Estimated
  • monthly total
  • number of
  • exposed animals
  • March 2018 8.25 1 7 57.75. April 2018 8.25 1 4 33. May 2018 8.5 1 3 25.5. September 2018 8.5 2 2 17. October 2018 8.25 2 3 24.75. November 2018 8.25 2 0 0. Total 158.
  • 5 Shutdown.
  • 26 Level A.
  • 127 Level B.
  • 153 Total.
  • 1 These estimates come from observations made at the dock during March-May of 2016. 2 These estimates are from monitoring in nearby Icy Strait in 2015.
    Killer Whale

    Based on observations of local marine mammal specialists, the probability of killer whales occurring in Icy Passage is low. However, they do occur in Icy Strait and have been observed in Icy Passage. Since there is no density information available for killer whales in this area, NMFS used the 2016 ADOT&PF and 2015 Hoonah data sources to estimate killer whale exposures. NMFS has authorized 126 Level B harassment takes of killer whales as shown in Table 11. No Level A takes are authorized since the shutdown zones for killer whales are larger than the PTS isopleths.

    Table 11—Estimated Monthly Total Number of Killer Whales Exposed to Continuous and Impact Sourced Sounds From Pile Driving Month/year Number of
  • days of pile
  • driving
  • Maximum
  • number of
  • animals
  • observed on a
  • single day
  • Estimated
  • monthly total
  • number of
  • exposed animals
  • March 2018 8.25 1 0 0. April 2018 8.25 1 7 57.75. May 2018 8.5 1 0 0. September 2018 8.5 2 8 68. October 2018 8.25 2 0 0. November 2018 8.25 2 0 0. Total 125.75.
  • 126 (rounded).
  • 1 These estimates come from observations made at the dock during March-May of 2016. 2 These estimates are from monitoring in nearby Icy Strait in 2015.
    Minke Whale

    Based on observations of local marine mammal specialists, the probability of minke whales occurring in Icy Passage is low. However, they have been documented in Icy Strait and Icy Passage and could potentially transit through the disturbance zone. The 2015 Hoonah survey conducted from September through November did not document any minke whales. However, results from the 2016 ADOT&PF March through May survey showed a monthly high of one minke whale sighting per day in April and two minke whales per day in May. An assumption of 8.25 days of driving in April (8.25 * 1 whale) and 8.5 days in May (8.5 * 2 whales) results in 25 minke whale exposures. NMFS will also conservatively assume that two whales may be exposed per day of driving in March (8.25 * 2 whales). Based on these assumptions NMFS is authorizing Level B harassment take of 42 minke whales as is shown in Table 12. No Level A takes are authorized since the shutdown zones for minke whales are larger than the PTS isopleth.

    Table 12—Estimated Monthly Total Number of Minke Whales Exposed to Continuous and Impact Sourced Sounds From Pile Driving Month/year Number of
  • days of pile
  • driving
  • Maximum
  • number of
  • animals
  • observed on a
  • single day
  • Estimated
  • monthly total
  • number of
  • exposed animals
  • March 2018 8.25 2 16.5. April 2018 8.25 1 1 8.25. May 2018 8.5 1 2 17. September 2018 8.5 2 0 0 October 2018 8.25 2 0 0. November 2018 8.25 2 0 0. Total 41.75.
  • 42 (rounded).
  • 1 These estimates come from observations made at the dock during March-May of 2016. 2 These estimates are from monitoring in nearby Icy Strait in 2015.
    Dall's Porpoise

    Dall's porpoise are documented in Icy Strait but not Icy Passage. Dahlheim et al., (2009) found Dall's porpoise throughout Southeast Alaska, with concentrations of animals consistently found in Icy Strait, Lynn Canal, Stephens Passage, upper Chatham Strait, Frederick Sound, and Clarence Strait. It is estimated that there are anywhere from 4 to 12 sightings of Dall's porpoise in Icy Strait per season during the May through September whale watching charter months (Tod Sebens, CSE, Stephen Vanderhoff, SWE, personal communication). NPS documented seven sightings in Icy Strait since 1993 in September, October, November, April, and May. The mean group size of Dall's porpoise in Southeast Alaska is estimated at three individuals (Dahlheim et al., 2009).

    The 2016 ADOT&PF and 2015 Hoonah studies did not record any sightings of Dall's porpoise. However, they are occasionally sighted by whale watching tours in Icy Strait and could potentially transit from the Strait into the ZOI in Icy Passage. For this analysis, NMFS conservatively assumes a maximum number of 12 group sightings per season between May and September, which equates to 2.4 sightings per month. Using this number it is estimated that the following number of Dall's porpoise may be present in the disturbance zone:

    Underwater exposure estimate: 2.4 group sightings/month × 3 animals/group × 6 months of pile driving activity (March-May; September-November) = 43.2

    Since the PTS isopleth during impact driving (628.3 m) is greater than the shutdown zone (100 m) NMFS is authorizing Level A take. Using the same calculation utilized to derive harbor seal takes, NMFS is authorizing take of 42 Dall's porpoise, with 7 Level A and 35 Level B takes. According to this calculation, one porpoise would theoretically occur in the shutdown zone and, therefore, is not counted as a take.

    Analyses and Determinations Negligible Impact Analysis

    NMFS has defined negligible impact as “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival” (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population-level effects). An estimate of the number of takes, alone, is not enough information on which to base an impact determination. In addition to considering the authorized number of marine mammals that might be “taken” through harassment, NMFS considers other factors, such as the likely nature of any responses (e.g., intensity, duration), the context of any responses (e.g., critical reproductive time or location, migration, etc.), and effects on habitat, the status of the affected stocks, and the likely effectiveness of the mitigation. Consistent with the 1989 preamble for NMFS's implementing regulations (54 FR 40338; September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into these analyses via their impacts on the environmental baseline (e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels).

    To avoid repetition, the discussion of our analyses applies to all the species listed in Table 1. There is little information about the nature of severity of the impacts or the size, status, or structure of any species or stock that would lead to a different analysis for this activity.

    Pile driving and pile extraction activities associated with the Gustavus Ferry Terminal Improvements Project, as outlined previously, have the potential to disturb or displace marine mammals. Specifically, the specified activities may result in Level B harassment (behavioral disturbance) for all species authorized for take, from underwater sound generated from pile driving and removal. Level A injury may also occur to a limited number of harbor seal, harbor porpoise and Dall's porpoise. Potential takes could occur if individuals of these species are present in the Level A and Level B ensonified zones when pile driving is under way.

    No serious injury or mortality is anticipated to result from this activity. Limited take of three species of marine mammal by Level A harassment (injury) is authorized due to potential auditory injury that cannot reasonably be prevented through mitigation. Any take by Level A harassment will potentially be in the form of PTS and may affect small numbers of harbor seal, harbor porpoise and Dall's porpoise. ADOT&PF will enact required mitigation measures to minimize Level A take. ADOT&PF will also record all occurrences of marine mammals in specified Level A zones. In this analysis, we considered the potential for small numbers of three species to incur auditory injury and found that it would not impact our preliminary determinations.

    Any takes from Level B harassment will be due to behavioral disturbance and TTS. As part of required mitigation, ADOT&PF will employ soft start techniques during pile driving operations to allow marine mammals to vacate the area prior to commencement of full power driving. Pile caps will also be employed during impact pile driving to reduce underwater noise levels.

    ADOT&PF's proposed activities are localized and of relatively short duration. The entire project area is limited to the Gustavus Ferry Terminal area and its immediate surroundings. Specifically, the use of impact driving will be limited to an estimated maximum of 57 hours over the course of 16 to 50 days of construction. Total vibratory pile driving time is estimated at 114 hours over the same period. While impact driving does have the potential to cause injury to marine mammals, mitigation in the form of shutdown zones should limit exposure to Level A thresholds. Vibratory driving does not have significant potential to cause injury to marine mammals due to the relatively low source levels produced and the lack of potentially injurious source characteristics. Additionally, no important feeding and/or reproductive areas for marine mammals are known to be within the ensonified areas during the construction timeframe.

    The project also is not expected to have significant adverse effects on affected marine mammals' habitat. The project activities are limited in time and would not modify existing marine mammal habitat. The activities may cause some fish to leave the area of disturbance, thus temporarily impacting marine mammals' foraging opportunities in a portion of the foraging range However, a relatively small area of habitat may be affected, so the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences.

    Effects on individuals that are taken by Level B harassment, on the basis of reports in the literature as well as monitoring from other similar activities, will likely be limited to reactions such as increased swimming speeds, increased surfacing time, or decreased foraging (if such activity were occurring) (e.g., Thorson and Reyff 2006; Lerma 2014). Most likely, individuals will simply move away from the sound source and be temporarily displaced from the areas of pile driving, although even this reaction has been observed primarily only in association with impact pile driving. In response to vibratory driving, pinnipeds (which may become somewhat habituated to human activity in industrial or urban waterways) have been observed to orient towards and sometimes move towards the sound. The pile extraction and driving activities analyzed here are similar to, or less impactful than, numerous construction activities conducted in other similar locations, which have taken place with no reported serious injuries or mortality to marine mammals, and no known long-term adverse consequences from behavioral harassment. Repeated exposures of individuals to levels of sound that may cause Level B harassment are unlikely to result in hearing impairment or to significantly disrupt foraging behavior. Thus, even repeated Level B harassment of some small subset of the overall stock is unlikely to result in any significant realized decrease in fitness for the affected individuals, and would not result in any adverse impact to the stock as a whole.

    For pinnipeds, no rookeries are present in the project area. Furthermore, the project area is not known to provide foraging habitat of any special importance (other than is afforded by the known migration of salmonids).

    In summary, this negligible impact analysis is founded on the following factors: (1) The possibility of serious injury or mortality to authorized species may reasonably be considered discountable; (2) the limited temporal and spatial impacts to marine mammal habitat; (3) the absence of any major rookeries near the project area; and (4) the presumed efficacy of the planned mitigation measures in reducing the effects of the specified activity to the level of effecting the least practicable impact upon the affected species. In combination, we believe that these factors, as well as the available body of evidence from other similar activities, demonstrate that the potential effects of the specified activity will have only short-term effects on individuals. The specified activity is not expected to impact rates of recruitment or survival and will therefore not result in population-level impacts.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the planned monitoring and mitigation measures, NMFS finds that the total marine mammal take from ADOT&PF's Gustavus Ferry Terminal Improvements Project will have a negligible impact on all affected marine mammal species or stocks.

    Table 13—Estimated Number of Exposures and Percentage of Stocks That May Be Subject to Level A and Level B Harassment Species Level A
  • authorized
  • takes
  • Level B
  • authorized
  • takes
  • Total proposed authorized takes Stock(s) abundance estimate Percentage of total stock
    Steller Sea Lion 0 709 709 50,983 (western distinct population segment in Alaska)/71,562 (eastern stock) 1.43%/1.39%. Humpback whale 0 600/(36*) 600/(36*) 10,103 (Central North Pacific Stock)/3,264 (Mexico DPS) 5.93%/1.1%. Harbor Seal 38 616 654 7,210 (Glacier Bay/Icy Strait) 9.07%. Harbor Porpoise 26 127 153 11,146 (Southeast Alaska) 1.37%. Killer whale 0 126 126 261 (Northern resident)/587 (Gulf of Alaska transient)/243 (West Coast transient) 48.2% 21.4% 51.8%. Minke whale 0 42 42 Unknown Unknown. Dall's Porpoise 7 35 42 83,400 <0.01%. * 6.1 percent of humpbacks whales in southeast Alaska (36) are from Mexico DPS (Wade et al. 2016).
    Small Numbers Analysis

    Table 13 depicts the number of animals that could be exposed to received noise levels that could cause Level A or Level B harassment for the proposed work at the Gustavus Ferry Terminal project. The analyses provided above represent between <0.01 and 51.8 percent of the populations of these stocks that could be affected by harassment, except for Minke whales since their population number is unknown. While the Northern resident and West Coast transient killer whale takes and percentages of stock affected appears high (48.2 percent and 51.8 percent), in reality 126 Northern resident or West Coast transient killer whale individuals are not likely to be harassed. Instead, it is more likely that there will be multiple takes of a smaller number of individuals.

    NMFS believes that small numbers of the West coast transient killer whale stock would be taken based on the limited region of exposure in comparison with the known distribution of the transient stock. The West coast transient stock ranges from Southeast Alaska to California, while the proposed project activity would be stationary. A notable percentage of West coast transient whales have never been observed in Southeast Alaska. Only 155 West coast transient killer whales have been identified as occurring in Southeast Alaska according to Dahlheim and White (2010). The same study identified three pods of transients, equivalent to 19 animals that remained almost exclusively in the southern part of Southeast Alaska (i.e. Clarence Strait and Sumner Strait). This information indicates that only a small subset of the entire West coast Transient stock would be at risk for take in the Icy Passage area because a sizable portion of the stock has either not been observed in Southeast Alaska or consistently remains far south of Icy Passage.

    The Northern resident killer whale stock are most commonly seen in the waters around the northern end of Vancouver Island, and in sheltered inlets along B.C.'s Central and North Coasts. They also range northward into Southeast Alaska in the winter months. Pile driving operations are not permitted under the IHA from December through February. It is also unlikely that such a large portion of Northern resident killer whales with ranges of this magnitude would be concentrated in and around Icy Passage.

    There is no current abundance estimate for minke whale since population data on this species is dated. However, the proposed take of 42 minke whales may be considered small. A visual survey for cetaceans was conducted in the central-eastern Bering Sea in July-August 1999, and in the southeastern Bering Sea in 2000. Results of the surveys in 1999 and 2000 provide provisional abundance estimates of 810 and 1,003 minke whales in the central-eastern and southeastern Bering Sea, respectively (Moore et al., 2002). Additionally, line-transect surveys were conducted in shelf and nearshore waters in 2001-2003 from the Kenai Fjords in the Gulf of Alaska to the central Aleutian Islands. Minke whale abundance was estimated to be 1,233 for this area (Zerbini et al., 2006). However, these estimates cannot be used as an estimate of the entire Alaska stock of minke whales because only a portion of the stock's range was surveyed. (Allen and Anglis 2012). Clearly, 42 authorized takes should be considered a small number, as it constitutes only 5.2 percent of the smallest abundance estimate generated during the surveys just described and each of these surveys represented only a portion of the minke whale range.

    Note that the numbers of animals authorized to be taken for all species, with the exception of Northern resident and West coast transient killer whales, would be considered small relative to the relevant stocks or populations even if each estimated taking occurred to a new individual—an extremely unlikely scenario.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the mitigation and monitoring measures, which are expected to reduce the number of marine mammals potentially affected by the proposed action, NMFS finds that small numbers of marine mammals will be taken relative to the populations of the affected species or stocks.

    Impact on Availability of Affected Species for Taking for Subsistence Uses

    The proposed Gustavus Ferry Terminal improvements project will occur near but not overlap the subsistence area used by the villages of Hoonah and Angoon (Wolfe et al., 2013). Harbor seals and Steller sea lions are available for subsistence harvest in this area (Wolfe et al., 2013). There are no harvest quotas for other marine mammals found there. The project is likely to result only in short-term, temporary impacts to pinnipeds in the form of possible behavior changes, and is not expected to result in the serious injury or death of any marine mammal. Since all project activities will take place within the immediate vicinity of the Gustavus Ferry Terminal, the project will not have an adverse impact on the availability of marine mammals for subsistence use at locations farther away. No disturbance or displacement of harbor seals or sea lions from traditional hunting areas by activities associated with the project is expected.

    Based on the description of the specified activity and the proposed mitigation and monitoring measures, NMFS has determined that there will not be an unmitigable adverse impact on subsistence uses from ADOT&PF's proposed activities.

    National Environmental Policy Act

    NMFS prepared an Environmental Assessment (EA) and analyzed the potential impacts to marine mammals that would result from the Gustavus Ferry Terminal construction project. A Finding of No Significant Impact (FONSI) was signed on December 20, 2016. A copy of the EA and FONSI is available upon request (see ADDRESSES).

    Endangered Species Act (ESA)

    There are two marine mammal species that are listed under the ESA with confirmed or possible occurrence in the study area. The Mexico DPS of humpback whale is listed as threatened and the western DPS of Steller sea lion is listed as endangered under the Endangered Species Act. The NMFS Alaska Regional Office Protected Resources Division issued a Biological Opinion under section 7 of the ESA, on the issuance of an IHA to ADOT&PF under section 101(a)(5)(D) of the MMPA by the NMFS Permits and Conservation Division. The Biological Opinion concluded that the proposed action is not likely to jeopardize the continued existence of Mexico DPS humpback whales or western DPS Steller sea lions, and is not likely to destroy or adversely modify western DPS Steller sea lion critical habitat.

    Authorization

    NMFS has issued an IHA to ADOT&PF for reconstructing the existing Gustavus Ferry Terminal located in Gustavus, Alaska, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated.

    Dated: April 4, 2017. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-07031 Filed 4-7-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF345 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting AGENCY:

    National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce.

    ACTION:

    Notice of meeting of the South Atlantic Fishery Management Council's (Council) Law Enforcement Advisory Panel (AP).

    SUMMARY:

    The South Atlantic Fishery Management Council will hold a meeting of its Law Enforcement AP in Charleston, SC. The meeting is open to the public.

    DATES:

    The meeting will be held on Thursday, May 18, 2017, from 9 a.m. until 5 p.m., and Friday, May 19, 2017, from 9 a.m. until 12 p.m.

    ADDRESSES:

    Meeting address: The meeting will be held at the Town and Country Inn, 2008 Savannah Highway, Charleston, SC 29407; phone: (800) 334-6660 or (843) 571-1000.

    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, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405; phone (843) 571-4366 or toll free (866) SAFMC-10; fax: (843) 769-4520; email: kim.iverso[email protected]

    SUPPLEMENTARY INFORMATION:

    Members of the AP will receive updates on amendments to fishery management plans currently under development by the Council and recently approved amendments, an update on the law enforcement component of an electronic reporting pilot program for charter vessels, discuss possible changes to Operator Permits to improve their utility, discuss enforcement of fishery closures, discuss retention of recreational bag limits when citations are issued, and address other topics relative to fisheries law enforcement as appropriate.

    Members of the AP will discuss items and provide recommendations as appropriate.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see ADDRESSES) 5 days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Dated: April 5, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-07124 Filed 4-7-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF342 Endangered and Threatened Species; Take of Anadromous Fish AGENCY:

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

    ACTION:

    Notice of issuance of four ESA section 10(a)(1)(A) research/enhancement permits for take of threatened and endangered species.

    SUMMARY:

    This notice advises the public that four direct take permits have been issued pursuant to section 10(a)(1)(A) for programs rearing and releasing spring Chinook salmon in the Methow River basin of Washington state (Columbia River basin). The permits are issued, for different aspects of the actions, to the Public Utility Districts of Grant, Chelan, and Douglas Counties, the Washington Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, and the Yakama Nation.

    DATES:

    The permits were issued on February 17, 2017, and February 21, 2017, subject to certain conditions set forth therein. Subsequent to issuance, the necessary countersignatures by the applicants were received. The permits expire on December 31, 2027.

    ADDRESSES:

    Requests for copies of the decision documents or any of the other associated documents should be addressed to the NMFS Sustainable Fisheries Division, 1201 NE. Lloyd Blvd. #1100, Portland, OR 97232.

    FOR FURTHER INFORMATION CONTACT:

    Emi Kondo at (503) 736-4739 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice is relevant to the following species and evolutionarily significant unit (ESU)/distinct population segment (DPS):

    Chinook salmon (Oncorhynchus tshawytscha): Endangered, naturally produced Upper Columbia River (UCR) spring-run.

    Steelhead (O. mykiss): Threatened, naturally produced and artificially propagated Upper Columbia River.

    Dated: April 4, 2017. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-07066 Filed 4-7-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Government-Owned Inventions; Available for Licensing AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The inventions listed below are assigned to the United States Government, as represented by the Secretary of the Navy and are available for domestic and foreign licensing by the Department of the Navy.

    The following patents are available for licensing: Patent No. 9,589,241 (Navy Case No. 100169): ELECTRICAL RESOURCE CONTROLLER//Patent No. 9,590,611 (Navy Case No. 103212):

    RADIATION-HARDENED DUAL GATE SEMICONDUCTOR TRANSISTOR DEVICES CONTAINING VARIOUS IMPROVED STRUCTURES INCLUDING MOSFET GATE AND JFET GATE STRUCTURES AND RELATED METHODS//Patent No. 9,593,919 (Navy Case No. 102520): METHOD AND APPARATUS FOR RAPID DEPLOYMENT OF A DESIRABLE MATERIAL OR CHEMICAL USING A PYROPHORIC SUBSTRATE//Patent No. 9,594,117 (Navy Case No. 103034): COMPACT ELECTRONICS TEST SYSTEM HAVING USER PROGRAMMABLE DEVICE INTERFACES AND ON-BOARD FUNCTIONS ADAPTED FOR USE IN PROXIMITY TO A RADIATION FIELD//Patent No. 9,594,000 (Navy Case No. 103027): VACUUM IMMERSION TEST SET//Patent No. 9,595,519 (Navy Case No. 200114): COMBINATION METAL OXIDE SEMI-CONDUCTOR FIELD EFFECT TRANSISTOR (MOSFET) AND JUNCTION FIELD EFFECT TRANSISTOR (JFET) OPERABLE FOR MODULATING CURRENT VOLTAGE RESPONSE OR MITIGATING ELECTROMAGNETIC OR RADIATION INTERFERENCE EFFECTS BY ALTERING CURRENT FLOW THROUGH THE MOSFETS SEMI-CONDUCTIVE CHANNEL REGION (SCR)//Patent No. 9,595,763 (Navy Case No. 200336): PROCESS FOR ASSEMBLING DIFFERENT CATEGORIES OF MULTI-ELEMENT ASSEMBLIES TO PREDETEMINED TOLERANCES AND ALIGNMENTS USING A RECONFIGURABLE ASSEMBLING AND ALIGNMENT APPARATUS//Patent No. 9,599,441 (Navy Case No. 102250): OFF-BOARD INFLUENCE SYSTEM//Patent No. 9,599,970 (Navy Case No. 102500): SAFETY CRITICAL CONTROL SYSTEM THAT INCLUDES CONTROL LOGIC OR MACHINE READABLE INSTRUCTIONS THAT SELECTIVELY LOCKS OR ENABLES THE CONTROL SYSTEM BASED ON ONE OR MORE MACHINE IMPLEMENTED STATE MACHINES THAT INCLUDES STATES ASSOCIATED WITH DETECTION OR MATCHING OF ONE OR MORE PREDETERMINED SIGNALS ON DISTINCT CONDUCTION PATHS BETWEEN ELEMENTS OF THE CONTROL SYSTEM AND RELATED METHODS//Patent No. 9,601,201 (Navy Case No. 200349): IRREPRODUCIBLE AND RE-EMERGENT UNIQUE STRUCTURE OR PATTERN IDENTIFIER MANUFACTURING AND DETECTION METHOD, SYSTEM, AND APPARATUS//Patent No. 9,601,214 (Navy Case No. 200363): METHOD AND SYSTEM FOR IMPROVING THE RADIATION TOLERANCE OF FLOATING GATE MEMORIES//Patent No. 9,602,203 (Navy Case No. 200118): METHODS AND SYSTEMS FOR IDENTIFICATION AND COMMUNICATION USING FREE SPACE OPTICAL SYSTEMS INCLUDING WEARABLE SYSTEMS//Patent No. 9,599,429 (Navy Case No. 200004): ADJUSTABLE ERGONOMIC GRIP FOR A WEAPON//and Patent No. 9,604,087 (Navy Case No. 200254): ROPE CLIMBING SYSTEMS AND METHODS OF USE.

    ADDRESSES:

    Requests for copies of the patents cited should be directed to Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, Email [email protected]

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: April 4, 2017. A.M. Nichols, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2017-07075 Filed 4-7-17; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION [Docket ID ED-2017-OM-0018] Privacy Act of 1974; System of Records AGENCY:

    Office of Management, Department of Education.

    ACTION:

    Rescindment of systems of records notice.

    SUMMARY:

    In accordance with the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a), the Department of Education (Department) rescinds from its existing inventory of systems of records notices subject to the Privacy Act two systems of records entitled “Official Time Records of Union Officials and Bargaining Unit Employees at the Department of Education” (18-05-08) and “General Performance Appraisal System (GPAS)” (18-05-10).

    DATES:

    Submit your comments on this rescinded systems of records notice on or before May 10, 2017.

    This rescinded systems of records notice will become effective April 10, 2017, unless it needs to be changed as a result of public comment.

    ADDRESSES:

    Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments.

    Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under the “Help” tab.

    Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about the rescinded systems of records, address them to: Denise Carter, Acting Assistant Secretary, Office of Management, U.S. Department of Education, 400 Maryland Avenue SW., Washington, DC 20202.

    Privacy Note: The Department's policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available.

    Assistance to Individuals with Disabilities in Reviewing the Rulemaking Record: On request we will supply an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    FOR FURTHER INFORMATION CONTACT:

    Deputy Chief Human Capital Officer, Office of Human Resources, Office of Management, U.S. Department of Education, 400 Maryland Avenue SW., Washington, DC 20202.

    If you use a telecommunications device for the deaf or a text telephone, call the Federal Relay Service, toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    The Department rescinds two systems of records notices from its inventory of record systems subject to the Privacy Act. The rescissions are not within the purview of subsection (r) of the Privacy Act, which requires submission of a report on a new or altered system of records.

    The two systems of records notices are discontinued for the following reasons:

    The Department rescinds the following Privacy Act system of records notice because the records maintained in this system of records notice are covered by OPM/GOVT-1 (General Personnel Records), last published in full at 77 FR 73694-73699 (Dec. 11, 2012) and last modified at 80 FR 74815 (Nov. 30, 2015), which is a governmentwide system of records notice:

    1. Official Time Records of Union Officials and Bargaining Unit Employees at the Department of Education (18-05-08), 64 FR 30106, 30130-30131 (June 4, 1999).

    Thus, the records that were previously covered by this system of records notice will now be covered by the OPM/GOVT-1 (General Personnel Records) governmentwide system of records notice.

    The Department rescinds the following Privacy Act system of records notice because the records maintained in this system of records notice are covered by OPM/GOVT-2 (Employee Performance File System Records), last published in full at 71 FR 35342, 35347-35350 (June 19, 2006), and last modified at 80 FR 74815 (Nov. 30, 2015), which is a governmentwide system of records notice:

    2. General Performance Appraisal System (GPAS) (18-05-10), 64 FR 30106, 30133-30135 (June 4, 1999).

    Thus, the records that were previously covered by this system of records notice will now be covered by the OPM/GOVT-2 (Employee Performance File System Records) government wide system of records notice.

    Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the person listed under FOR FURTHER INFORMATION CONTACT.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: April 5, 2017. Denise L. Carter, Acting Assistant Secretary for Management.

    For the reasons discussed in the preamble, the Acting Assistant Secretary for Management rescinds the following two systems of records notices:

    SYSTEM NAMES AND NUMBERS:

    1. Official Time Records of Union Officials and Bargaining Unit Employees at the Department of Education (18-05-08); and

    2. General Performance Appraisal System (GPAS) (18-05-10).

    HISTORY:

    The system of records notice entitled “Official Time Records of Union Officials and Bargaining Unit Employees at the Department of Education” (18-05-08) was last published in the Federal Register at 64 FR 30106, 30130-30131 (June 4, 1999), and the system of records notice entitled “General Performance Appraisal System (GPAS)” (18-05-10) was last published in the Federal Register at 64 FR 30106, 30133-30135 (June 4, 1999).

    [FR Doc. 2017-07170 Filed 4-7-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Extension Without Change to a Previously Approved Agency Information Collection AGENCY:

    U.S. Department of Energy.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Department of Energy, pursuant to the Paperwork Reduction Act of 1995, intends to renew, for three years, an information collection request pertaining to the Department's administration of access provisions under the Privacy Act of 1974, with the Office of Management and Budget (OMB). Comments are invited on: (a) Whether the extended 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; (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; and (e) the agency's proposal to change the name of the information collection from the current “Records and Administration” to “Privacy Act Administration,” which reflects a change of the owner of this information collection from the agency's Records Management Officer to the agency's Chief Privacy Officer. The collection instrument has been modified to comply with updates to Privacy Act implementation requirements outlined in OMB Circular A-108, issued January 2017, located at: https://obamawhitehouse.archives.gov/sites/default/files/omb/assets/OMB/circulars/a108/omb_circular_a-108.pdf.

    DATES:

    Comments regarding this proposed information collection must be received on or before June 9, 2017. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible.

    ADDRESSES:

    Written comments may be sent to Ken Hunt, Chief Privacy Officer, U.S. Department of Energy, 1000 Independence Avenue SW., Rm 8H-085, Washington, DC 20585 or by fax at 202-586-8151 or by email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Ken Hunt, Chief Privacy Officer, U.S. Department of Energy, 1000 Independence Avenue SW., Rm 8H-085, Washington, DC 20585 or by fax at 202-586-8151 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This information collection request contains: (1) OMB No. 1910-1700; (2) Information Collection Request Title: Privacy Act Administration (formerly Records and Administration); (3) Type of Review: Regular; (4) Purpose: The Privacy Act Information Request form aids the Department of Energy's processing of Privacy Act requests submitted by an individual or an authorized representative, wherein he or she is requesting records the government may maintain on the individual. The Department's use of this form continues to contribute to the Department's Privacy Act processes, including, but not limited to, providing for faster processing of Privacy Act information requests by asking individuals or their authorized representative for pertinent information needed for records retrieval; (5) Annual Estimated Number of Respondents: 135; (6) Annual Estimated Number of Total Responses: 135; (7) Annual Estimated Number of Burden Hours: 45; and (8) Annual Estimated Reporting and Recordkeeping Cost Burden: $0.

    Authority:

    Statutory Authority: The Privacy Act of 1974, 5 U.S.C. 552(a); 10 CFR 1008.7; and DOE Order 206.1.

    Issued in Washington, DC, on April 3, 2017. Allan Manuel, Deputy Chief Information Officer for Enterprise Policy, Portfolio Management, and Governance, Office of the Chief Information Officer.
    [FR Doc. 2017-07107 Filed 4-7-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. DW-012] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Miele Incorporated From the Department of Energy Residential Dishwasher Test Procedure AGENCY:

    Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Decision and order.

    SUMMARY:

    The U.S. Department of Energy (DOE) gives notice of a decision and order (Case No. DW-012) that grants to Miele Incorporated (Miele) a waiver from the DOE dishwasher test procedure for determining the energy consumption of dishwashers. Under this decision and order, Miele is required to test and rate its dishwasher using an alternate test procedure that allows for testing of one specified basic model at 208 volts when measuring energy consumption.

    DATES:

    This Decision and Order is effective April 10, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected]

    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the issuance of its decision and order as set forth below. The decision and order grants Miele a waiver from the applicable dishwasher test procedure in 10 CFR part 430, subpart B, appendix C1 for a certain basic model of dishwashers that operates at 208 volts, provided that Miele tests and rates such products using the alternate test procedure described in this notice. Miele's representations concerning the energy efficiency of these products must be based on testing consistent with the provisions and restrictions in the alternate test procedure set forth in the decision and order below, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same standard when making representations regarding the energy efficiency of these products. 42 U.S.C. 6293(c).

    Not later than June 9, 2017, any manufacturer currently distributing in commerce in the United States a product employing a technology or characteristic that results in the same need for a waiver from the dishwasher test procedure must submit a petition for waiver pursuant to the requirements of this section. Manufacturers not currently distributing such products in commerce in the United States must petition for and be granted a waiver prior to distribution in commerce in the United States. Manufacturers may also submit a request for interim waiver pursuant to the requirements of 10 CFR 430.27.

    Issued in Washington, DC, on April 4, 2017. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Decision and Order

    In the Matter of: Miele Incorporated. (Case No. DW-012)

    I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA) (42 U.S.C. 6291-6309) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program that includes dishwashers.1 Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results measuring energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for residential dishwashers is contained in 10 CFR part 430, subpart B, appendix C1, Uniform Test Method for Measuring the Energy Consumption of Dishwashers.

    1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A.

    The regulations set forth in 10 CFR 430.27 contain provisions that allow a person to seek a waiver from the test procedure requirements for a particular basic model of a type of covered product when that basic model contains one or more design characteristics that: (1) Prevent testing according to the prescribed test procedure, or (2) cause the prescribed test procedures to evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2).

    II. Miele's Petition for Waiver: Assertions and Determinations

    On July 13, 2016, Miele filed a petition for waiver and application for interim waiver from the test procedure applicable to dishwashers set forth in 10 CFR part 430, subpart B, appendix C1. Miele has designed a dishwasher that runs on an electrical supply voltage of 208 volts. The existing test procedure under section 2.2 of 10 CFR part 430, subpart B, appendix C1 has provisions for testing at 115 and 240 volts only. In its petition for waiver, Miele submitted to DOE an alternate test procedure that allows for testing of one specified basic model at 208 volts.

    Miele also requested an interim waiver from the existing DOE test procedure, which DOE granted. See 81 FR at 87027 (Dec. 2, 2016). After reviewing the alternate procedure suggested by Miele, DOE granted the interim waiver because DOE determined that Miele's petition for waiver would likely be granted and decided that it was desirable for public policy reasons to grant Miele immediate relief pending a determination on the petition for waiver. Miele's petition was published in the Federal Register on December 2, 2016. 81 FR 87027. DOE received no comments regarding Miele's petition.

    DOE previously granted a petition for waiver submitted for an earlier design generation of Miele dishwasher rated for 208 volts (Case No. DW-006) on December 27, 2011, from the applicable residential dishwasher test procedure in 10 CFR part 430, subpart B, appendix C for certain basic models of dishwashers with a 208 volt supply voltage. 76 FR 80920.

    III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff concerning the Miele petition for waiver. The FTC staff did not have any objections to granting a waiver to Miele.

    IV. Order

    After careful consideration of all the material that was submitted by Miele and consultation with the FTC staff, in accordance with 10 CFR 430.27, it is ORDERED that:

    (1) The petition for waiver submitted by the Miele Incorporated. (Case No. DW-012) is hereby granted as set forth in the paragraphs below.

    (2) Miele must test and rate the Miele basic model specified in paragraph (3) on the basis of the current test procedure contained in 10 CFR part 430, subpart B, appendix C1 with the modification of section 2.2 of appendix C1 set forth below to provide for a dishwasher that operates with an electrical supply of 208 volts:

    Dishwashers that operate with an electrical supply of 208 volts. Maintain the electrical supply to the dishwasher at 208 volts ±2 percent and within 1 percent of its nameplate frequency as specified by the manufacturer. Maintain a continuous electrical supply to the unit throughout testing, including the preconditioning cycles, specified in section 2.9 of this appendix, and in between all test cycles.

    (3) This order applies only to the following basic model: PG8056-208V.

    (4) Representations. Miele may make representations about the energy use of its dishwasher products for compliance, marketing, or other purposes only to the extent that such products have been tested in accordance with the provisions outlined above and such representations fairly disclose the results of such testing.

    (5) This waiver shall remain in effect consistent with the provisions of 10 CFR 430.27.

    Issued in Washington, DC, on 4/4/2017.

    Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2017-07109 Filed 4-7-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CW-027] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Samsung Electronics America, Inc. From the Department of Energy Residential Clothes Washer Test Procedure AGENCY:

    Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Decision and order.

    SUMMARY:

    The U.S. Department of Energy (DOE) gives notice of a decision and order (Case No. CW-027) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE test procedure for determining the energy consumption of clothes washers. Under this decision and order, Samsung is required to test and rate its clothes washers with clothes containers greater than 6.0 cubic feet using an alternate test procedure that takes this larger capacity into account when measuring energy consumption.

    DATES:

    This Decision and Order is effective April 10, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected]

    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the issuance of its decision and order as set forth below. The decision and order grants Samsung a waiver from the applicable clothes washer test procedure in 10 CFR part 430, subpart B, appendix J2 for certain basic models of clothes washers with capacities greater than 6.0 cubic feet, provided that Samsung tests and rates such products using the alternate test procedure described in this notice. Samsung's representations concerning the energy efficiency of these products must be based on testing consistent with the provisions and restrictions in the alternate test procedure set forth in the decision and order below, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same standard when making representations regarding the energy efficiency of these products. 42 U.S.C. 6293(c).

    Not later than June 9, 2017, any manufacturer currently distributing in commerce in the United States a product employing a technology or characteristic that results in the same need for a waiver from the clothes washer test procedure must submit a petition for waiver. 10 CFR 430.27(j). Manufacturers not currently distributing such products in commerce in the United States must petition for and be granted a waiver prior to distribution in commerce in the United States. Manufacturers may also submit a request for interim waiver pursuant to the requirements of 10 CFR 430.27.

    Issued in Washington, DC, on April 4, 2017. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Decision and Order

    In the Matter of: Samsung Electronics America, Inc. (Case No. CW-027)

    I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA) (42 U.S.C. 6291-6309) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program that includes residential clothes washers.1 Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results measuring energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for residential clothes washers is contained in 10 CFR part 430, subpart B, appendix J2.

    1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A.

    The regulations set forth in 10 CFR 430.27 contain provisions that allow a person to seek a waiver from the test procedure requirements for a particular basic model of a type of covered product when that basic model contains one or more design characteristics that: (1) Prevent testing according to the prescribed test procedure, or (2) cause the prescribed test procedures to evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2).

    II. Samsung's Petition for Waiver: Assertions and Determinations

    On August 24, 2016, Samsung submitted a petition for waiver from the DOE test procedure applicable to automatic and semi-automatic clothes washers set forth in 10 CFR part 430, subpart B, appendix J2. Samsung requested the waiver because the mass of the test load used in the procedure, which is based on the basket volume of the test unit, is currently not defined for basket sizes greater than 6.0 cubic feet. In its petition, Samsung seeks a waiver for a specified basic model with a capacity greater than 6.0 cubic feet. Table 5.1 of Appendix J2 defines the test load sizes used in the test procedure as linear functions of the basket volume. Samsung requests that DOE grant a waiver for testing and rating based on a revised Table 5.1. (See 77 FR 13888, Mar. 7, 2012; the “March 2012 Final Rule”)

    Samsung also requested an interim waiver from the existing DOE test procedure, which DOE granted. See 81 FR at 87030 (Dec. 2, 2016). After reviewing the alternate procedure suggested by Samsung, DOE granted the interim waiver because DOE concluded that it would allow for the accurate measurement of the energy use of these products, while alleviating the testing problems associated with testing clothes washers with capacities greater than 6.0 cubic feet.

    Samsung's petition was published in the Federal Register on December 2, 2016. 81 FR 87030. DOE received three comments from consumers opposing Samsung's petition due to recent recall of Samsung clothes washers. (Consumer Commenters, Nos. 3 at p. 1, 4 at p. 4, and 5 at p. 1) 2 The recall pertains to the washing machine top can unexpectedly detach from the washing machine chassis during use, posing a risk of injury from impact. This recall involves 34 models of Samsung top-load washing machines. Although the comments are about specific Samsung clothes washers that have been manufactured, the comments did not address the merits of the waiver, which would extend Table 5.1 of appendix J2 up to 8.0 cu. ft. for clothes washers that have not been manufactured for sale to date.

    2 A notation in the form “Consumer Commenters, No. 3 at p. 1, 4 at p. 4 and 5 at p. 1” identifies written comments: (1) Made by the Coy Garrett, Liz Rowan and Julia Ramirez (hereinafter the “Consumer Commenters”); (2) recorded in document numbers 3, 4 and 5 that are filed in the docket of this waiver (Docket No. EERE-2016-BT-WAV-0038) and available for review at www.regulations.gov; and (3) which appears on page 1 of document number 3, page 4 of document 4, and page 1 of document 5.

    DOE granted a waiver to Whirlpool under a Decision and Order (81 FR 26251, May 2, 2016) to allow for the testing of clothes washers with container volumes between 6.0 cubic feet and 8.0 cubic feet. DOE also granted a waiver to Samsung for a similar request under two Decisions and Orders (76 FR 13169, Mar. 10, 2011; 76 FR 50207, Aug. 12, 2011) to allow for the testing of clothes washers with container volumes between 3.8 cubic feet and 6.0 cubic feet. In addition to the previous waiver granted to Samsung, DOE granted waivers to LG (CW-016 (76 FR 11233, Mar. 1, 2011), CW-018 (76 FR 21879, Apr. 19, 2011), and CW-021 (76 FR 64330, Oct. 18, 2011)); General Electric (75 FR 76968, Dec. 10, 2010); Whirlpool (75 FR 69653, Nov. 15, 2010); and Electrolux (76 FR 11440, Mar. 2, 2011) to allow for the testing of clothes washers with container volumes between 3.8 cubic feet and 6.0 cubic feet.

    For the reasons set forth in DOE's March 2012 Final Rule, DOE concludes that extending the linear relationship between test load size and container capacity to larger capacities represents the best possible approach to determining load size for large capacity washers. DOE will continue to evaluate this issue in the next revision to the DOE test procedure in appendix J2. In addition, DOE determines that testing a basic model with a capacity larger than 6.0 cubic feet using the current procedure at Appendix J2 could evaluate the basic models in a manner so unrepresentative of their true energy consumption as to provide materially inaccurate comparative data.

    III. Consultations with Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff concerning the Samsung petition for waiver. The FTC staff did not have any objections to granting a waiver to Samsung.

    IV. Order

    After careful consideration of all the material that was submitted by Samsung and the commenters, the testing and analysis conducted for the March 2012 Final Rule, and consultation with the FTC staff, in accordance with 10 CFR 430.27, it is ORDERED that:

    (1) The petition for waiver submitted by the Samsung Electronics America, Inc. (Case No. CW-027) is hereby granted as set forth in the paragraphs below.

    (2) Samsung must test and rate the Samsung basic model specified in paragraph (3) on the basis of the current test procedure contained in 10 CFR part 430, subpart B, appendix J2, except that Table 5.1 of appendix J2 is supplemented by the following additional rows:

    Table 5.1—Test Load Sizes—Supplement Container volume cu. ft.
  • ≥ <
  • liter
  • ≥ <
  • Minimum load lb kg Maximum load lb kg Average load lb Kg
    6.00-6.10 169.9-172.7 3.00 1.36 24.80 11.25 13.90 6.30 6.10-6.20 172.7-175.6 3.00 1.36 25.20 11.43 14.10 6.40 6.20-6.30 175.6-178.4 3.00 1.36 25.60 11.61 14.30 6.49 6.30-6.40 178.4-181.2 3.00 1.36 26.00 11.79 14.50 6.58 6.40-6.50 181.2-184.1 3.00 1.36 26.40 11.97 14.70 6.67 6.50-6.60 184.1-186.9 3.00 1.36 26.90 12.20 14.95 6.78 6.60-6.70 186.9-189.7 3.00 1.36 27.30 12.38 15.15 6.87 6.70-6.80 189.7-192.6 3.00 1.36 27.70 12.56 15.35 6.96 6.80-6.90 192.6-195.4 3.00 1.36 28.10 12.75 15.55 7.05 6.90-7.00 195.4-198.2 3.00 1.36 28.50 12.93 15.75 7.14 7.00-7.10 198.2-201.0 3.00 1.36 28.90 13.11 15.95 7.23 7.10-7.20 201.0-203.9 3.00 1.36 29.30 13.29 16.15 7.33 7.20-7.30 203.9-206.7 3.00 1.36 29.70 13.47 16.35 7.42 7.30-7.40 206.7-209.5 3.00 1.36 30.10 13.65 16.55 7.51 7.40-7.50 209.5-212.4 3.00 1.36 30.60 13.88 16.80 7.62 7.50-7.60 212.4-215.2 3.00 1.36 31.00 14.06 17.00 7.71 7.60-7.70 215.2-218.0 3.00 1.36 31.40 14.24 17.20 7.80 7.70-7.80 218.0-220.9 3.00 1.36 31.80 14.42 17.40 7.89 7.80-7.90 220.9-223.7 3.00 1.36 32.20 14.61 17.60 7.98 7.90-8.00 223.7-226.5 3.00 1.36 32.60 14.79 17.80 8.07

    (3) This order applies only to the following basic model: WA63M97**A*.

    (4) This waiver shall remain in effect consistent with the provisions of 10 CFR 430.27.

    Issued in Washington, DC, on 4/4/2017.

    Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2017-07108 Filed 4-7-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP17-573-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: Transcontinental Gas Pipe Line Company, LLC submits tariff filing per 154.403: Rate Schedule S-2 Tracking Filing, eff. April 1, 2017 to be effective 4/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5002.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-574-000.

    Applicants: Equitrans, L.P.

    Description: Equitrans, L.P. submits tariff filing per 154.203: Notice Regarding Non-Jurisdictional Gathering Facilities (F-538 W-4832).

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5004.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-575-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Algonquin Gas Transmission, LLC submits tariff filing per 154.204: Negotiated Rate—Boston Gas to BBPC—793493 & 793498 to be effective 4/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5087.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-576-000.

    Applicants: Pine Needle LNG Company, LLC.

    Description: Pine Needle LNG Company, LLC submits tariff filing per 154.403(d)(2): 2017 Annual Fuel and Electric Power Tracker Filing to be effective 5/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5092.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-577-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Algonquin Gas Transmission, LLC submits tariff filing per 154.204: Negotiated Rate—Col Gas to BBPC—793499 & 793524 & 793583 to be effective 4/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5097.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-578-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Algonquin Gas Transmission, LLC submits tariff filing per 154.204: Negotiated Rates—Spark Energy—793558 & 793557 & 793584 to be effective 4/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5102.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-579-000.

    Applicants: Equitrans, L.P.

    Description: Equitrans, L.P. submits tariff filing per 154.203: Notice Regarding Non-Jurisdictional Gathering Facilities (W-7527 F-823).

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5115.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-580-000.

    Applicants: Colorado Interstate Gas Company, L.L.C.

    Description: Colorado Interstate Gas Company, L.L.C. submits tariff filing per 154.601: Non-Conforming Negotiated Rate Update Filing (DCP) to be effective 5/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5139.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-581-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: Natural Gas Pipeline Company of America LLC submits tariff filing per 154.204: Mercuria Energy Negotiated Rate to be effective 4/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5279.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-582-000.

    Applicants: Equitrans, L.P.

    Description: Equitrans, L.P. submits tariff filing per 154.204: Negotiated Rate Service Agreement—Mercuria Energy America, Inc. LPS to be effective 5/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5301.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-583-000.

    Applicants: Enable Gas Transmission, LLC.

    Description: Enable Gas Transmission, LLC submits tariff filing per 154.204: Negotiated Rate Filing- Non-Conforming April 2017 Cross Timbers 1007632 Removal to be effective 4/1/2017.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5325.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-584-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: El Paso Natural Gas Company, L.L.C. submits tariff filing per 154.204: Non-Conforming Agreements Filing (APS) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5002.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-585-000.

    Applicants: ANR Pipeline Company.

    Description: ANR Pipeline Company submits tariff filing per 154.601: 4 Neg Rate Agmts April 2017 to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5004.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-586-000.

    Applicants: Northern Border Pipeline Company.

    Description: Northern Border Pipeline Company submits tariff filing per 154.601: Sequent Energy Neg Rate Agmt to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5005.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-587-000.

    Applicants: East Tennessee Natural Gas, LLC.

    Description: East Tennessee Natural Gas, LLC submits 2015-2016 Cashout Report.

    Filed Date: 03/30/2017.

    Accession Number: 20170330-5361.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, April 11, 2017.

    Docket Numbers: RP17-588-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: Columbia Gas Transmission, LLC submits tariff filing per 154.403: OTRA—Summer 2017 to be effective 5/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5059.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-589-000.

    Applicants: Hardy Storage Company, LLC.

    Description: Hardy Storage Company, LLC submits tariff filing per 154.204: RAM 2017 to be effective 5/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5060.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-590-000.

    Applicants: Columbia Gulf Transmission, LLC.

    Description: Columbia Gulf Transmission, LLC submits tariff filing per 154.204: Negotiated Rate Service Amendment—Kaiser to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5061.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-591-000.

    Applicants: WBI Energy Transmission, Inc.

    Description: WBI Energy Transmission, Inc. submits tariff filing per 154.204: 2017 Non-Conforming Negotiated SA FT-1390—Oneok to be effective 5/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5067.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-592-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: Iroquois Gas Transmission System, L.P. submits tariff filing per 154.204: 03/31/17 Negotiated Rates—Mercuria Energy America, Inc. (RTS) 7540-11 to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5092.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-593-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: Iroquois Gas Transmission System, L.P. submits tariff filing per 154.204: 03/31/17 Negotiated Rates—Consolidated Edison Energy Inc. (RTS) 2275-11 to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5095.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-594-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: Iroquois Gas Transmission System, L.P. submits tariff filing per 154.204: 03/31/17 Negotiated Rates—Twin Eagle Resource Management, LLC (RTS) 7300-04 to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5093.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-595-000.

    Applicants: ANR Storage Company.

    Description: ANR Storage Company submits tariff filing per 154.403(d)(2): Seller's Use—Fuel Filing 2017 to be effective 5/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5106.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-596-000.

    Applicants: Questar Pipeline, LLC.

    Description: Questar Pipeline, LLC submits tariff filing per 154.204: Statement of Negotiated Rates V13, XTO Energy to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5107.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-597-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Algonquin Gas Transmission, LLC submits tariff filing per 154.204: Negotiated Rate—Con Ed to Emera—793617 to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5114.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-598-000.

    Applicants: Great Lakes Gas Transmission Limited Par.

    Description: Great Lakes Gas Transmission Limited Partnership submits tariff filing per 154.312: Great Lakes General Section 4 Rate Case to be effective 5/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5130.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-599-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: Texas Eastern Transmission, LP submits tariff filing per 154.204: Negotiated Rates—NJR Energy Services—contract 910531 to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5139.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-600-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Gulf South Pipeline Company, LP submits tariff filing per 154.204: Cap Rel Neg Rate Agmt (Atmos 45527 to Centerpoint 47821) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5140.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-601-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Gulf South Pipeline Company, LP submits tariff filing per 154.204: Cap Rel Neg Rate Agmts (PH 41455 to Texla 47848, BP 47892, Sequent 47900) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5141.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-602-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Gulf South Pipeline Company, LP submits tariff filing per 154.204: Cap Rel Neg Rate Agmts (Atlanta 8438 to various eff 4-1-17) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5144.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-603-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Gulf South Pipeline Company, LP submits tariff filing per 154.204: Amendments and Cap Rel Related to Neg Rate Agmts (FPL 40097-17, 18; 41619-13) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5146.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-604-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Gulf South Pipeline Company, LP submits tariff filing per 154.204: Amendments to Neg Rate Agmts (ExGen 43197-4, 43198-5) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5148.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-605-000.

    Applicants: Northern Border Pipeline Company.

    Description: Northern Border Pipeline Company submits tariff filing per 154.403(d)(2): Compressor Usage Surcharge 2017 to be effective 5/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5149.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-606-000.

    Applicants: Bison Pipeline LLC.

    Description: Company Use Gas Annual Report of Bison Pipleine LLC.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5202.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-607-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: Natural Gas Pipeline Company of America LLC submits tariff filing per 154.204: Negotiated Rate—North Shore to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5205.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-608-000.

    Applicants: Kern River Gas Transmission Company.

    Description: Annual Gas Compressor Fuel Report of Kern River Gas Transmission Company.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5206.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-609-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: Natural Gas Pipeline Company of America LLC submits tariff filing per 154.204: Negotiated Rate—Peoples to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5210.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-610-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: El Paso Natural Gas Company, L.L.C. submits tariff filing per 154.601: Negotiated Rate Agreement Update (APS April 2017) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5213.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-611-000.

    Applicants: Horizon Pipeline Company, L.L.C.

    Description: Horizon Pipeline Company, L.L.C. submits tariff filing per 154.204: Natural Gas Pipeline Negotiated Rate to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5260.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-612-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: Rockies Express Pipeline LLC submits tariff filing per 154.204: Neg Rate 2017-03-31 Ascent to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5269.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-613-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: Texas Gas Transmission, LLC submits tariff filing per 154.204: Negotiated Rate Agreement (Tenaska 36069) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5278.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-614-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: Texas Gas Transmission, LLC submits tariff filing per 154.204: Amendment to Neg Rate Agmt (TVA 35341) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5282.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-615-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: Penalty Revenue Crediting Report of Natural Gas Pipeline Company of America LLC.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5287.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-616-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: Texas Gas Transmission, LLC submits tariff filing per 154.204: Assignment of Cross Timbers to XTO to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5294.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-617-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: Texas Gas Transmission, LLC submits tariff filing per 154.204: Permanent Cap Rel (Atmos 21789 to CenterPoint 36119) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5298.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-618-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: Rockies Express Pipeline LLC submits tariff filing per 154.204: Neg Rate 2017-03-31 BP, CP, Encana to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5305.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-619-000.

    Applicants: Gulf Crossing Pipeline Company LLC.

    Description: Gulf Crossing Pipeline Company LLC submits tariff filing per 154.204: Amendment to Neg Rate Agmt (BP 37-24) to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5314.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-620-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: Natural Gas Pipeline Company of America LLC submits tariff filing per 154.204: Negotiated Rate Tenaska to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5326.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-621-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: Transcontinental Gas Pipe Line Company, LLC submits tariff filing per 154.204: Negotiated Rates—Dalton Expansion—Oglethorpe Capac Rls to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5327.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-622-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: Natural Gas Pipeline Company of America LLC submits tariff filing per 154.204: Occidental Energy Marketing Negotiated Rate to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5350.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-623-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: Texas Eastern Transmission, LP submits tariff filing per 154.204: Updates to Cashout Mechanisms to be effective 5/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5396.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-624-000.

    Applicants: Northern Natural Gas Company.

    Description: Northern Natural Gas Company submits tariff filing per 154.204: 20170331 Negotiated Rate to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5431.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    Docket Numbers: RP17-625-000.

    Applicants: Dominion Transmission, Inc.

    Description: Dominion Transmission, Inc. submits tariff filing per 154.204: DTI—March 31, 2017 Negotiated Rate Agreements to be effective 4/1/2017.

    Filed Date: 03/31/2017.

    Accession Number: 20170331-5461.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 12, 2017.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 3, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-07039 Filed 4-7-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14823-000] 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 Bacon Ridge Pumped Storage Hydro Project to be located near Snyder Township in Blair 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 with a surface area of 110 acres and a storage capacity of 1,650 acre-feet at a surface elevation of approximately 2,480 feet above mean sea level (msl) created through construction of a new roller-compacted concrete or rock-fill dam; (2) a new lower reservoir with a surface area of 43 acres and a storage capacity of 1,980 acre-feet at a surface elevation of 1,620 feet msl; (3) a new 4,840-foot-long, 48-inch-diameter penstock connecting the upper and lower reservoirs; (4) a new 150-foot-long, 50-foot-wide, 25-foot-high powerhouse containing two turbine-generator units with a total rated capacity of 116 megawatts; (5) a new 4,824-foot-long transmission line connecting the powerhouse to the Sandy Ridge Wind Farm 115/34.5-kilovolt circuit; and (6) appurtenant facilities. The proposed project would have an annual generation of 424,616 megawatt-hours.

    Applicant Contact: Adam Rousselle, Merchant Hydro Developers, LLC, 5710 Oak Crest Drive, Doylestown, PA 18902; phone: 267-254-6107.

    FERC Contact: Woohee Choi; phone: (202) 502-6336.

    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-14823-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14823) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: April 4, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-07089 Filed 4-7-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL17-59-000] Joint California Complainants v. Pacific Gas and Electric Company; Notice of Complaint

    Take notice that on March 31, 2017, pursuant to sections 206 and 212 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206 and 385.212 (2016) and section 206 of the Federal Power Act, 16 U.S.C. 824(e) (2012), Joint California Complainants (Complainant) 1 filed a formal complaint against Pacific Gas and Electric Company (PG&E or Respondent) requesting that the Commission launch an investigation into PG&E's Transmission Owner rates and establish the earliest possible refund effective date, all as more fully explained in the complaint.

    1 The Joint Californian Complainants include the following parties: The Transmission Agency of Northern California; the City of Santa Clara, California; the M-S-R Public Power Agency; the State Water Contractors; the California Public Utilities Commission; the Modesto Irrigation District; and the Sacramento Municipal Utility District.

    The Complainants states that a copy of the complaint has been served on the Respondent.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on April 24, 2017.

    Dated: April 4, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-07078 Filed 4-7-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL17-50-000] Handsome Lake Energy, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On March 21, 2017, a letter order was issued in Docket No. EL17-50-000 by the Director, Division of Electric Power—East, Office of Energy Market Regulation, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether the proposed rate decrease of Handsome Lake Energy, LLC may be unjust, unreasonable, unduly discriminatory or preferential. Handsome Lake Energy, LLC, 158 FERC 62,218 (2017).

    The refund effective date in Docket No. EL17-50-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Any interested person desiring to be heard in Docket No. EL17-50-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21 days of the date of issuance of the order.

    Dated: April 4, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-07082 Filed 4-7-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ17-11-000] Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on April 3, 2017, Oncor Electric Delivery Company LLC submitted its tariff filing: Oncor TFO Tariff Rate Changes, to be effective 3/27/2017.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on April 24, 2017.

    Dated: April 4, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-07085 Filed 4-7-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC17-3-000] Commission Information Collection Activities (FERC-603); Comment Request AGENCY:

    Federal Energy Regulatory Commission, DOE.

    ACTION:

    Comment request.

    SUMMARY:

    The Federal Energy Regulatory Commission (Commission or FERC) previously issued a 60-day Notice in the Federal Register requesting public comments on FERC-603 (Critical Energy/Electric Infrastructure Information (CEII) Request). The Commission received no comments.

    In compliance with the requirements of the Paperwork Reduction Act of 1995, the Commission is submitting the FERC-603 to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below.

    DATES:

    Comments on the FERC-603 are due by May 10, 2017.

    ADDRESSES:

    Comments filed with OMB, identified by the OMB Control No. 1902-0197 should be sent via email to the Office of Information and Regulatory Affairs: [email protected], Attention: Federal Energy Regulatory Commission Desk Officer.

    A copy of the comments should also be sent to the Commission, in Docket No. IC17-3-000, by either of the following methods:

    eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp

    Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426.

    Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

    Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Brown may be reached by email at [email protected], by telephone at (202) 502-8663, and by fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    Title: FERC-603, Critical Energy/Electric Infrastructure Information (CEII) Request.

    OMB Control No.: 1902-0197.

    Type of Request: Three-year extension of the information collection requirements for FERC-603, with no changes to the current reporting requirements.1 Clarifications and an administrative update, as discussed below, will be included.

    1 The Commission previously issued a 60-day Notice in the Federal Register (82 FR 8735, 1/30/2017) requesting public comments on FERC-603. The Commission received no comments.

    Abstract: This collection is used by the Commission to implement procedures for individuals with a valid or legitimate need requesting access to Critical Energy/Electric Infrastructure Information (CEII), which is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), subject to a non-disclosure agreement.

    On February, 21, 2003, the Commission issued Order No. 630 (66 FR 52917) to address the appropriate treatment of Critical Energy Infrastructure Information in the aftermath of the September 11, 2001 terrorist attacks. Given that such information would typically be exempt from mandatory disclosure pursuant to the Freedom of Information Act, the Commission determined that it was important to have a process for individuals with a valid and legitimate need to access certain critical infrastructure information. As such, the Commission's Critical Energy Infrastructure Information process was designed to limit the distribution of critical infrastructure information to those individuals with a need to know in order to avoid having sensitive information fall into the hands of those who may use it to attack the Nation's infrastructure.2 This collection was prepared as part of the implementation of the Critical Energy Infrastructure Information request process.

    2 The Commission defined Critical Energy Infrastructure Information to include information about “existing or proposed critical infrastructure that: (i) Relates to the production, generation, transportation, transmission, or distribution of energy; (ii) could be useful to a person planning an attack on critical infrastructure; (iii) is exempt from mandatory disclosure under the Freedom of Information Act, and (iv) does not simply give the location of the critical infrastructure. Critical infrastructure means existing and proposed systems and assets, whether physical or virtual, the incapacity or destruction of which would negatively affect security, economic security, public health or safety, or any combination of those matters.

    On December 4, 2015, President Obama signed the Fixing America's Surface Transportation Act (FAST Act) into law, which directed the Commission to issue regulations aimed at securing and sharing critical infrastructure information.3 On November 17, 2016, in Order No. 833 (in Docket No. RM16-15), the Commission adopted a Final Rule implementing the FAST Act by amending its regulations that pertain to the designation, protection, and sharing of Critical Energy/Electric Infrastructure Information (CEII). The Final Rule became effective on February 21, 2017.