Federal Register Vol. 82, No.81,

Federal Register Volume 82, Issue 81 (April 28, 2017)

Page Range19613-20239
FR Document

82_FR_81
Current View
Page and SubjectPDF
82 FR 19630 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Amendment 18PDF
82 FR 20237 - Promoting Agriculture and Rural Prosperity in AmericaPDF
82 FR 20235 - Days of Remembrance of Victims of the Holocaust, 2017PDF
82 FR 19758 - Sunshine Act Meeting NoticePDF
82 FR 19728 - Announcement of Requirements and Registration for Healthy Behavior ChallengePDF
82 FR 19615 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna FisheriesPDF
82 FR 19734 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
82 FR 19652 - Notice of Request for Revision to and Extension of Approval of an Information Collection; Bovine Spongiform Encephalopathy; Importation of Animals and Animal ProductsPDF
82 FR 19655 - Notice of Request for Extension of Approval of an Information Collection; Credit Account Approval for Reimbursable ServicesPDF
82 FR 19793 - Multiemployer Pension Plan Application To Reduce BenefitsPDF
82 FR 19792 - Multiemployer Pension Plan Application To Reduce BenefitsPDF
82 FR 19748 - Agency Information Collection Activities: OMB Control Number 1024-0236; Research Permit and Reporting System Applications and ReportsPDF
82 FR 19665 - Sunshine Act MeetingsPDF
82 FR 19657 - Certain Softwood Lumber Products From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty DeterminationPDF
82 FR 19613 - Approval and Promulgation of Air Quality Plans; State of Maryland; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incineration UnitsPDF
82 FR 19718 - Agency Information Collection Activities: Proposed Collection Renewals; Comment Request (3064-0099; -0118; -0148 and -0153)PDF
82 FR 19648 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Removal of Clean Air Interstate Rule (CAIR) Program Regulations and Reference to CAIR, and Amendments to Continuous Emission Monitor (CEM) ReferencePDF
82 FR 19733 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
82 FR 19721 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
82 FR 19705 - Charter Renewal of Department of Defense Federal Advisory CommitteePDF
82 FR 19750 - Notice on Outer Continental Shelf Oil and Gas Lease SalesPDF
82 FR 19793 - Notice of Meeting of the Cooperative Studies Scientific Evaluation CommitteePDF
82 FR 19727 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
82 FR 19752 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery ActPDF
82 FR 19723 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
82 FR 19725 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
82 FR 19785 - Reports, Forms and Recordkeeping RequirementsPDF
82 FR 19780 - Louisiana Disaster #LA-00075PDF
82 FR 19715 - Environmental Impact Statements; Notice of AvailabilityPDF
82 FR 19631 - Fisheries Off West Coast States; West Coast Salmon Fisheries; 2017 Management Measures and a Temporary RulePDF
82 FR 19746 - National Infrastructure Advisory CouncilPDF
82 FR 19761 - Information Collection Request; Submission for OMB ReviewPDF
82 FR 19762 - Information Collection Request Submission for OMB ReviewPDF
82 FR 19754 - South Carolina Electric & Gas Company, South Carolina Public Service Authority; Virgil C. Summer Nuclear Station, Units 2 and 3; Design Reliability Assurance Program (D-RAP) ChangesPDF
82 FR 19782 - The Indiana Rail Road Company-Amended Trackage Rights Exemption-CSX Transportation, Inc.PDF
82 FR 19744 - National Institute of Neurological Disorders and Stroke; Notice of Closed MeetingPDF
82 FR 19742 - National Institute of Mental Health; Notice of Closed MeetingsPDF
82 FR 19742 - National Institute of General Medical Sciences; Notice of Closed MeetingsPDF
82 FR 19743 - National Institute of General Medical Sciences; Notice of Closed MeetingsPDF
82 FR 19744 - National Institute of General Medical Sciences; Notice of Closed MeetingPDF
82 FR 19743 - Center for Scientific Review; Notice of Closed MeetingPDF
82 FR 19744 - Center for Scientific Review; Notice of Closed MeetingPDF
82 FR 19707 - Orders Granting Authority To Import and Export Natural Gas, To Import and Export Liquefied Natural Gas, and Vacating Authority During March 2017PDF
82 FR 19708 - DOE/NSF Nuclear Science Advisory CommitteePDF
82 FR 19706 - DOE/NSF High Energy Physics Advisory PanelPDF
82 FR 19709 - Environmental Management Site-Specific Advisory Board, Oak Ridge ReservationPDF
82 FR 19707 - Environmental Management Site-Specific Advisory Board, Northern New MexicoPDF
82 FR 19757 - South Carolina Electric & Gas Company, South Carolina Public Service Authority, Virgil C. Summer Nuclear Station, Units 2 and 3, Inspections, Tests, Analyses, and Acceptance CriteriaPDF
82 FR 19618 - Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2017 and 2018 Sector Operations Plans and 2017 Allocation of Northeast Multispecies Annual Catch EntitlementsPDF
82 FR 19758 - Southern Nuclear Operating Company, Inc. Vogtle Electric Generating Plant, Units 3 and 4 Inspections, Tests, Analyses, and Acceptance CriteriaPDF
82 FR 19755 - Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric & Gas Company; South Carolina Public Service Authority Debris Screen Related DimensionsPDF
82 FR 19661 - Procurement List; DeletionPDF
82 FR 19662 - Procurement List: Proposed Additions and DeletionsPDF
82 FR 19753 - Agency Information Collection Activities; Comment Request; Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins BuildingPDF
82 FR 19704 - Academic Research Council MeetingPDF
82 FR 19759 - Pacific Gas and Electric CompanyPDF
82 FR 19760 - Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on NuScale; Notice of MeetingPDF
82 FR 19705 - Notice of Availability of Record of Decision for the Gulf of Alaska Navy Training Activities Final Supplemental Environmental Impact Statement/Overseas Environmental Impact StatementPDF
82 FR 19653 - Notice of Request for Reinstatement of an Information Collection; Importation of Ruminant and Swine Hides, Bird Trophies, and Deer HidesPDF
82 FR 19716 - Agency Information Collection Activities: Submission for OMB Review; Comment Request (3064-0006 & -0184)PDF
82 FR 19722 - Information Collection; Statement of Witness, Standard Form 94PDF
82 FR 19722 - Information Collection; FSRS Registration Requirements for Prime Grant AwardeesPDF
82 FR 19654 - General Conference Committee of the National Poultry Improvement Plan; MeetingPDF
82 FR 19721 - Information Collection; FFATA Subaward and Executive Compensation Reporting RequirementsPDF
82 FR 19740 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
82 FR 19648 - Proposed Establishment of Temporary Restricted Areas R-2920A and R-2920B; Santa Rosa Island, FLPDF
82 FR 19738 - Government-Owned Inventions; Availability for LicensingPDF
82 FR 19779 - Utah Disaster #UT-00049PDF
82 FR 19652 - Submission for OMB Review; Comment RequestPDF
82 FR 19780 - Washington Disaster #WA-00068PDF
82 FR 19780 - IDAHO Disaster #ID-00065PDF
82 FR 19659 - Deepwater Horizon Oil Spill; Notice of Intent To Conduct Strategic Restoration Planning That Considers Existing Projects for Barataria Bay, Louisiana and To Initiate Restoration Planning With Regard to the Mid-Barataria Sediment DiversionPDF
82 FR 19706 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; 2017-18 National Teacher and Principal Survey (NTPS 2017-18)PDF
82 FR 19705 - Industry Information Day; AmendmentPDF
82 FR 19744 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
82 FR 19784 - Fixing America's Surface Transportation Act (FAST Act); Equal Access for Over-the-Road BusesPDF
82 FR 19715 - Radio Broadcasting Services; AM or FM Proposals To Change the Community of LicensePDF
82 FR 19739 - Agency Information Collection Activities: Submission to OMB for Review and Approval; Public Comment Request; Information Collection Request Title: Health Workforce Connector, OMB No. 0906-xxxx-NEWPDF
82 FR 19737 - Pharmaceutical Distribution Supply Chain Pilot Projects; Reopening of Comment Period; Request for InformationPDF
82 FR 19735 - Determination That DEMEROL (Meperidine Hydrochloride) Injectable and Other Drug Products Were Not Withdrawn From Sale for Reasons of Safety or EffectivenessPDF
82 FR 19615 - Rural Call Completion Recordkeeping and Reporting Requirements; CorrectionPDF
82 FR 19747 - Agency Information Collection Activities: Extension, Without Changes, of an Existing Information Collection; Comment RequestPDF
82 FR 19613 - Drawbridge Operation Regulation; Hillsborough River, Tampa, FLPDF
82 FR 19771 - Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing of Proposed Rule Change To Amend the Mortgage-Backed Securities Division Rules Concerning Use of Clearing Fund for Losses, Liabilities or Temporary Needs for Funds Incident to the Clearance and Settlement Business and Make Other Related ChangesPDF
82 FR 19775 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange ServicesPDF
82 FR 19778 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Reflect a Change in the Index Methodology Applicable to the Virtus Enhanced U.S. Equity ETF Under NYSE Arca Equities Rule 5.2(j)(3)PDF
82 FR 19763 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing of Proposed Rule Change To Modify the Manner in Which the Exchange Opens Trading for Non-IEX-Listed SecuritiesPDF
82 FR 19714 - New York Power Authority; New York Independent System Operator, Inc.; Notice of Institution of Section 206 ProceedingPDF
82 FR 19713 - Combined Notice of Filings #1PDF
82 FR 19714 - Combined Notice of Filings #1PDF
82 FR 19710 - Notice of Commission Staff AttendancePDF
82 FR 19711 - Axiall, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 19709 - Radford's Run Wind Farm, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 19712 - Transcontinental Gas Pipe Line Company, LLC; Notice of AmendmentPDF
82 FR 19710 - Texas Gas Transmission, LLC; Notice of Request Under Blanket AuthorizationPDF
82 FR 19711 - Texas Eastern Transmission, LP; Notice of Availability of the Environmental Assessment for the Proposed Idle Line 1 Abandonment ProjectPDF
82 FR 19770 - Order Granting Petition for Review and Scheduling Filing of Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an Order Disapproving a Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To List and Trade Shares Issued by the Winklevoss Bitcoin TrustPDF
82 FR 19783 - Aviation Rulemaking Advisory Committee (ARAC)-ARAC Input To Support Regulatory Reform of Aviation Regulations-New TaskPDF
82 FR 19794 - Notice of Availability of a Final Environmental Impact Statement for a Replacement Robley Rex Veterans Affairs Medical Center, Louisville, KentuckyPDF
82 FR 19745 - Board of Visitors for the National Fire AcademyPDF
82 FR 19751 - Aluminum Foil From ChinaPDF
82 FR 19663 - Agency Information Collection Activities: Proposed Collection Revision, Comment Request: Adoption of Revised Registration Form 8-R and Cancellation of Form 3-RPDF
82 FR 19665 - Adoption of Revised Registration Form 8-RPDF
82 FR 19750 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
82 FR 19656 - Black Hills National Forest Advisory BoardPDF
82 FR 19655 - National Advisory Committee for Implementation of the National Forest System Land Management Planning RulePDF
82 FR 19781 - Shipping Coordinating Committee; Notice of Public MeetingPDF
82 FR 19751 - Agency Information Collection Activities; Proposed eCollection eComments Requested; ATF Adjunct Instructor Data Form-ATF Form 6140.3PDF
82 FR 19786 - Sanctions Actions Pursuant to Executive Order 13582PDF
82 FR 19748 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Application for Action on an Approved Application or PetitionPDF
82 FR 19646 - Airworthiness Directives; British Aerospace Regional Aircraft AirplanesPDF
82 FR 19762 - Proposed Submission of Information Collection for OMB Review; Comment Request; Mergers and Transfers Between Multiemployer PlansPDF
82 FR 19740 - Solicitation of Nominations for Three Organizations To Serve as Non-Voting Liaison Representatives to the Chronic Fatigue Syndrome Advisory CommitteePDF
82 FR 19796 - Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Proposed Policy Changes and Fiscal Year 2018 Rates; Quality Reporting Requirements for Specific Providers; Medicare and Medicaid Electronic Health Record (EHR) Incentive Program Requirements for Eligible Hospitals, Critical Access Hospitals, and Eligible Professionals; Provider-Based Status of Indian Health Service and Tribal Facilities and Organizations; Costs Reporting and Provider Requirements; Agreement Termination NoticesPDF

Issue

82 81 Friday, April 28, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19723-19728 2017-08649 2017-08650 2017-08652 Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

See

Forest Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19652 2017-08594
Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adjunct Instructor Data Form, 19751-19752 2017-08550 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bovine Spongiform Encephalopathy; Importation of Animals and Animal Products, 19652-19653 2017-08728 Credit Account Approval for Reimbursable Services, 19655 2017-08727 Importation of Ruminant and Swine Hides, Bird Trophies, and Deer Hides, 19653-19654 2017-08605 Meetings: General Conference Committee of the National Poultry Improvement Plan, 19654-19655 2017-08601 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Meetings: Academic Research Council, 19704-19705 2017-08611 Centers Disease Centers for Disease Control and Prevention NOTICES Announcement of Requirements and Registration for Healthy Behavior Challenge, 19728-19732 2017-08778 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Long Term Care Hospital Prospective Payment System and Proposed Policy Changes and Fiscal Year 2018 Rates; etc., 19796-20231 2017-07800 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19733-19735 2017-08663 2017-08738 Coast Guard Coast Guard RULES Drawbridge Operations: Hillsborough River, Tampa, FL, 19613 2017-08579 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 19661-19663 2017-08613 2017-08614 Commodity Futures Commodity Futures Trading Commission NOTICES Adoption of Revised Registration Form 8-R, 19665-19704 2017-08558 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adoption of Revised Registration Form 8-R and Cancellation of Form 3-R, 19663-19665 2017-08559 Meetings; Sunshine Act, 19665 2017-08684 Defense Department Defense Department See

Navy Department

NOTICES Charter Renewals: Board of Regents, Uniformed Services University of the Health Sciences, 19705 2017-08661 Meetings: Industry Information Day; Amendment, 19705 2017-08589
Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2017-18 National Teacher and Principal Survey, 19706 2017-08590 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Authorizations to Export or Import of Natural and Liquefied Natural Gas Talisman Energy USA Inc., et al., 19707-19708 2017-08623 Meetings: Environmental Management Site-Specific Advisory Board, Northern New Mexico, 19707 2017-08619 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 19709 2017-08620 High Energy Physics Advisory Panel, 19706-19707 2017-08621 Nuclear Science Advisory Committee, 19708-19709 2017-08622
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: State of Maryland; Control of Emissions from Existing Hospital/Medical/Infectious Waste Incineration Units, 19613-19615 2017-08668 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; Removal of Clean Air Interstate Rule Program Regulations and Reference to CAIR, and Amendments to Continuous Emission Monitor Reference, 19648-19651 2017-08664 NOTICES Environmental Impact Statements; Availability, 19715 2017-08639 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: British Aerospace Regional Aircraft Airplanes, 19646-19648 2017-08536 Establishment of Temporary Restricted Areas: R-2920A and R-2920B; Santa Rosa Island, FL, 19648 2017-08597 NOTICES Aviation Rulemaking Advisory Committee—New Task, 19783-19784 2017-08564 Federal Communications Federal Communications Commission RULES Rural Call Completion Recordkeeping and Reporting Requirements; Correction, 19615 2017-08581 NOTICES Radio Broadcasting Services: AM or FM Proposals To Change The Community of License, 19715-19716 2017-08585 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19716-19721 2017-08604 2017-08667 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: Board of Visitors for the National Fire Academy, 19745-19746 2017-08561 Federal Energy Federal Energy Regulatory Commission NOTICES Amendments: Transcontinental Gas Pipe Line Company, LLC, 19712-19713 2017-08568 Combined Filings, 19713-19715 2017-08572 2017-08573 Environmental Assessments; Availability, etc.: Texas Eastern Transmission, LP; Idle Line 1 Abandonment Project, 19711-19712 2017-08566 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Axiall, LLC, 19711 2017-08570 Radford's Run Wind Farm, LLC, 19709-19710 2017-08569 Institution of Section 206 Proceedings: New York Power Authority; New York Independent System Operator, Inc., 19714 2017-08574 Requests under Blanket Authorizations: Texas Gas Transmission, LLC, 19710 2017-08567 Staff Attendances, 19710-19711 2017-08571 Federal Highway Federal Highway Administration NOTICES Fixing America's Surface Transportation Act: Equal Access for Over-the-Road Buses, 19784-19785 2017-08587 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 19721 2017-08662 Food and Drug Food and Drug Administration NOTICES Determinations that Products were not Withdrawn from Sale for Reasons of Safety or Effectiveness: DEMEROL (Meperidine Hydrochloride) Injectable and Other Drug Products, 19735-19737 2017-08582 Government-Owned Inventions; Availability for Licensing, 19738-19739 2017-08596 Requests for Information: Pharmaceutical Distribution Supply Chain Pilot Projects, 19737-19738 2017-08583 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 19786-19792 2017-08549 Forest Forest Service NOTICES Meetings: Black Hills National Forest Advisory Board, 19656-19657 2017-08556 National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule, 19655-19656 2017-08555 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FFATA Subaward and Executive Compensation Reporting Requirements, 19721-19722 2017-08600 FSRS Registration Requirements for Prime Grant Awardees, 19722 2017-08602 Statement of Witness, 19722-19723 2017-08603 Health and Human Health and Human Services Department See

Agency for Healthcare Research and Quality

See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19740 2017-08599 Requests for Nominations: Three Organizations to Serve as Non-Voting Liaison Representatives to the Chronic Fatigue Syndrome Advisory Committee, 19740-19742 2017-08383
Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Workforce Connector, 19739-19740 2017-08584 Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

See

U.S. Citizenship and Immigration Services

See

U.S. Immigration and Customs Enforcement

NOTICES Meetings: National Infrastructure Advisory Council, 19746-19747 2017-08637
Interior Interior Department See

National Park Service

See

Ocean Energy Management Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Softwood Lumber Products from Canada, 19657-19659 2017-08673 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Aluminum Foil from China, 19751 2017-08560 Justice Department Justice Department See

Alcohol, Tobacco, Firearms, and Explosives Bureau

NOTICES Proposed Consent Decree under the Resource Conservation and Recovery Act, 19752-19753 2017-08651
Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins Building, 19753-19754 2017-08612 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports, Forms, and Recordkeeping Requirements, 19785-19786 2017-08641 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 19743-19744 2017-08624 2017-08625 National Institute of General Medical Sciences, 19742-19744 2017-08626 2017-08627 2017-08628 2017-08629 National Institute of Mental Health, 19742 2017-08630 National Institute of Neurological Disorders and Stroke, 19744 2017-08631 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 19615-19618 2017-08777 Fisheries of the Northeastern United States: Northeast Groundfish Fishery; Amendment 18, 19630 C1--2017--08035 Northeast Multispecies Fishery; 2017 and 2018 Sector Operations Plans and 2017 Allocation of Northeast Multispecies Annual Catch Entitlements, 19618-19630 2017-08617 Fisheries Off West Coast States: West Coast Salmon Fisheries; 2017 Management Measures; Temporary Rule, 19631-19645 2017-08638 NOTICES Strategic Restoration Plan: Deepwater Horizon Oil Spill Mid-Barataria Sediment Diversion, Barataria Bay, LA, 19659-19661 2017-08591 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Research Permit and Reporting System Applications and Reports, 19748-19750 2017-08697 National Register of Historic Places: Notification of Pending Nominations and Related Actions, 19750 2017-08557 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Gulf of Alaska Navy Training Activities, 19705-19706 2017-08606 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Determinations of Successful Completions of Inspections, Tests, and Analyses: South Carolina Electric and Gas Co., South Carolina Public Service Authority, Virgil C. Summer Nuclear Station, Units 2 and 3, 19757-19758 2017-08618 Director's Decisions: Pacific Gas and Electric Co., 19759-19760 2017-08609 Exemptions and Combined Licenses; Amendments: South Carolina Electric and Gas Co., South Carolina Public Service Authority Virgil C. Summer Nuclear Station, Units 2 and 3 Design Reliability Assurance Program Changes, 19754-19755 2017-08633 Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric & Gas Company; South Carolina Public Service Authority Debris Screen Related Dimensions, 19755-19756 2017-08615 Inspections, Tests, Analyses, and Acceptance Criteria: Southern Nuclear Operating Company, Inc. Vogtle Electric Generating Plant, Units 3 and 4, 19758-19759 2017-08616 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on NuScale, 19760-19761 2017-08607 Meetings; Sunshine Act, 19758 2017-08793 Ocean Energy Management Ocean Energy Management Bureau NOTICES Oil and Gas Lease Sales: Outer Continental Shelf, 19750-19751 2017-08659 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19761-19762 2017-08634 2017-08635 2017-08636 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mergers and Transfers Between Multiemployer Plans, 19762-19763 2017-08514 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Days of Remembrance of Victims of the Holocaust (Proc. 9594), 20233-20236 2017-08817 EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Agriculture and Rural Prosperity, Interagency Task Force on; Establishment (EO 13790), 20237-20239 2017-08818 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 19770 2017-08565 Fixed Income Clearing Corp., 19771-19775 2017-08578 Investors Exchange LLC, 19763-19770 2017-08575 NYSE Arca, Inc., 19775-19779 2017-08576 2017-08577 Small Business Small Business Administration NOTICES Disaster Declarations: Idaho, 19780-19781 2017-08592 Louisiana, 19780 2017-08640 Utah, 19779-19780 2017-08595 Washington, 19780 2017-08593 State Department State Department NOTICES Meetings: Shipping Coordinating Committee, 19781-19782 2017-08551 2017-08552 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19744-19745 2017-08588 Surface Transportation Surface Transportation Board NOTICES Amended Trackage Rights Exemptions: The Indiana Rail Road Co.; CSX Transportation, Inc., 19782 2017-08632 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

National Highway Traffic Safety Administration

Treasury Treasury Department See

Foreign Assets Control Office

NOTICES Multiemployer Pension Plan Application to Reduce Benefits, 19792-19793 2017-08714 2017-08715
U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Action on an Approved Application or Petition, 19748 2017-08548 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19747-19748 2017-08580 Veteran Affairs Veterans Affairs Department NOTICES Environmental Impact Statements; Availability, etc.: Replacement Robley Rex Veterans Affairs Medical Center, Louisville, KY, 19794 2017-08562 Meetings: Cooperative Studies Scientific Evaluation Committee, 19793 2017-08653 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 19796-20231 2017-07800 Part III Presidential Documents, 20233-20239 2017-08817 2017-08818 Reader Aids

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

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

82 81 Friday, April 28, 2017 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0322] Drawbridge Operation Regulation; Hillsborough River, Tampa, FL 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 operation of the Hillsborough Bridge across the Hillsborough River, Tampa, Florida. This deviation is necessary to allow the bridge owner, Florida Department of Transportation to repair the Hillsborough Bridge. Due to the type of repairs this bridge will be required to remain closed to navigation until all components can be removed and replaced.

DATES:

This deviation is effective from 7 a.m. on May 10, 2017, until 7 p.m. on June 21, 2017.

ADDRESSES:

The docket for this deviation, [USCG-2017-0322] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH”. Click on Open Docket Folder on the line associated with this deviation.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this temporary deviation, call or email Mr. Eddie Lawrence with the Seventh Coast Guard District Bridge Office; telephone 305-415-6946, email [email protected]

SUPPLEMENTARY INFORMATION:

Florida Department of Transportation, the bridge owner, has requested a temporary deviation from the operating schedule of the Hillsborough Bridge across the Hillsborough River, Tampa, Florida to conduct needed repairs. The Florida Department of Transportation advised “the work is not an emergency but is needed now as the original counterweight cables from 1939 are at the end of their service life. It is not possible to remove the counterweight cables and keep the bridge in operation at the same time”; the Coast Guard has taken this into consideration prior to allowing this closure. This temporary deviation will impact navigation since no vessel with a height greater than 10 feet will be able to pass during this closure period. Not allowing the necessary bridge repairs will also have an impact to navigation. The current operating regulation is under 33 CFR 117.291.

Vessels able to pass through the bridge in the closed position may do so at any time The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass through the bridge in closed positions. The Coast Guard will also inform the users of the waterways through Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation.

In accordance with 33 CFR 117.35(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: April 24, 2017. Barry Dragon, Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2017-08579 Filed 4-27-17; 8:45 am] BILLING CODE 9110-04-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R03-OAR-2016-0053; FRL-9961-37-Region 3] Approval and Promulgation of Air Quality Plans; State of Maryland; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incineration Units AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is approving a revised section 111(d)/129 plan submitted by the State of Maryland for existing hospital/medical/infectious waste incineration (HMIWI) units. The section 111(d)/129 plan contains revisions to a previously-approved State plan for existing HMIWI units that was submitted as a result of the October 6, 2009 promulgation of federal new source performance standards (NSPS) and emission guidelines for HMIWI units, which were subsequently amended on April 4, 2011. This action is being taken under sections 111(d) and 129 of the Clean Air Act (CAA).

DATES:

This final rule is effective on May 30, 2017.

ADDRESSES:

EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2016-0053. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) 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 through https://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information.

FOR FURTHER INFORMATION CONTACT:

Mike Gordon, (215) 814-2039, or by email at [email protected]

SUPPLEMENTARY INFORMATION:

I. Background

On November 28, 2016 (81 FR 85457), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed approval of Maryland's revised CAA section 111(d)/129 State plan for existing HMIWI units. The formal State plan revision (MD Submittal #12-11) was submitted by Maryland on January 10, 2013.

II. Summary of SIP Revision

EPA has reviewed the revised Maryland section 111(d)/129 plan submittal in the context of the requirements of 40 CFR part 60, subparts B, Ec and Ce, and part 62, subpart A. EPA has determined that the submitted revised section 111(d)/129 plan meets the above-cited requirements for State plans for existing units covered by the emission guidelines for that source category. Thus, EPA is approving Maryland's State plan in this action. A detailed explanation of the rationale behind this approval is available in the July 22, 2016 technical support document (TSD) and in the NPR and will not be restated here. No comments were received on the proposed rule.

III. Final Action

EPA is approving the revised Maryland section 111(d)/129 plan for HMIWI units submitted pursuant to 40 CFR part 60, subpart Ce because the plan is at least as stringent as requirements in 40 CFR part 60, subpart Ce for existing HMIWI units. Therefore, EPA is amending 40 CFR part 62, subpart V to reflect this approval action. The scope of the approval of the section 111(d)/129 plan is limited to the provisions of 40 CFR parts 60 and 62 for existing HMIWI units, as referenced in the emission guidelines at 40 CFR part 60, subpart Ce.

As discussed in the NPR, the EPA Administrator continues to retain authority for several tasks affecting the regulation of HMIWI units, as stipulated in 40 CFR 60.32e(k) and 60.50c(i). This retention of authority includes the granting of waivers for performance tests.

IV. Statutory and Executive Order Reviews A. General Requirements

In reviewing section 111(d)/129 plan 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 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 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).

In addition, this final rule for existing HMIWI units within the State of Maryland does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the section 111(d)/129 plan is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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).

C. Petitions for Judicial Review

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 27, 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 approving Maryland's CAA Section 111(d)/129 state plan for existing HMIWI units may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

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

Dated: March 24, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III.

40 CFR part 62 is amended as follows:

PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 1. The authority citation for part 62 continues to read as follows: Authority:

42 U.S.C. 7401 et seq.

Subpart V—Maryland 2. Revise § 62.5160 to read as follows:
§ 62.5160 Identification of plan.

(a) Section 111(d)/129 plan for HMIWIs and the associated Code of Maryland (COMAR) 26.11.08 regulations, as submitted on April 14, 2000.

(b) Section 111(d)/129 plan for HMIWIs and the associated Code of Maryland (COMAR) regulations, as submitted on January 10, 2013.

3. Revise § 62.5161 to read as follows:
§ 62.5161 Identification of sources.

(a) The plan submitted on April 14, 2000 applies to all existing HMIWIs located in Maryland for which construction was commenced on or before June 20, 1996.

(b) The January 10, 2013 submittal applies to all existing HMIWIs as defined in the approved Maryland Section 111(d)/129 plan.

4. Revise § 62.5162 to read as follows:
§ 62.5162 Effective date.

(a) The effective date of the plan submitted on April 14, 2000 is October 20, 2000.

(b) The effective date of the plan submitted on January 10, 2013 is May 30, 2017.

[FR Doc. 2017-08668 Filed 4-27-17; 8:45 am] BILLING CODE 6560-50-P
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [WC Docket No. 13-39; FCC 13-135; FCC 14-175] Rural Call Completion Recordkeeping and Reporting Requirements; Correction AGENCY:

Federal Communications Commission.

ACTION:

Final rule; correction.

SUMMARY:

The Federal Communications Commission (Commission) published a document in the Federal Register on March 4, 2015, concerning its rural call completion recordkeeping and reporting requirements. That document inadvertently omitted reference to the Order on Reconsideration (Reconsideration Order) WC Docket No. 13-39, FCC 14-175, which adopted minor amendments to those requirements. This document corrects that error.

DATES:

This correction is effective April 28, 2017.

FOR FURTHER INFORMATION CONTACT:

Nirali Patel, Wireline Competition Bureau, Competition Policy Division, (202) 418-7830, or send an email to [email protected]

SUPPLEMENTARY INFORMATION:

This document makes the following corrections to the Commission's final rule, FR Doc. No. 2015-04415, published on March 4, 2015, at 80 FR 11594:

1. On page 115494, in the heading of the rule, add “; FCC 14-175” after “FCC 13-135”.

2. On page 11594, in the SUMMARY section, in the first sentence, add “and the Commission's Order on Reconsideration (Reconsideration Order) WC Docket No. 13-39, FCC 14-175.” to the end of the sentence.

3. On page 11594, In the DATES section, add “and the amendments to 47 CFR 64.2101, 64.2103, and 64.2105, published at 79 FR 73227, December 10, 2014, and corrected at 80 FR 1007, January 8, 2015,” after “December 17, 2013” and before “are effective on March 4, 2015.”

4. On page 11594, in the SUPPLEMENTARY INFORMATION section:

i. In the first sentence, add “and the Commission's Reconsideration Order, FCC 14-175, published at 79 FR 73227, December 10, 2014, and corrected at 80 FR 1007, January 8, 2015.” to the end of the sentence;

ii. In the third sentence, add “, and paragraph 66 of document WC Docket No. 13-39, FCC 14-175.” to the end of the sentence; and

iii. In the third column, under the heading “Needs and Uses,” add the following two sentences between the twelfth and thirteenth sentences: “On November 13, 2014, the Commission adopted a Reconsideration Order in WC Docket No. 13-39, FCC 14-175, 79 FR 73227, corrected at 80 FR 1007, Rural Call Completion. The Reconsideration Order reduced the burden on covered providers by excluding certain traffic from the reporting and retention requirements adopted in the Order.

Federal Communications Commission. Marlene H. Dortch, Secretary.
[FR Doc. 2017-08581 Filed 4-27-17; 8:45 am] BILLING CODE 6712-01-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF346 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY:

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

ACTION:

Temporary rule; inseason Angling category retention limit adjustment.

SUMMARY:

NMFS has determined that the Atlantic bluefin tuna (BFT) daily retention limit that applies to vessels permitted in the Highly Migratory Species (HMS) Angling category and the HMS Charter/Headboat category (when fishing recreationally for BFT) should be adjusted for the remainder of 2017, based on consideration of the regulatory determination criteria regarding inseason adjustments. NMFS is adjusting the Angling category BFT daily retention limit to two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels (i.e., those with HMS Angling category permits); and three school BFT and one large school/small medium BFT per vessel per day/trip for charter vessels (i.e., those with HMS Charter/Headboat permits when fishing recreationally). These retention limits are effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT.

DATES:

Effective May 1, 2017 through December 31, 2017.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

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

As a method for limiting fishing mortality on juvenile BFT, ICCAT recommends a tolerance limit on the annual harvest of BFT measuring less than 115 cm (straight fork length) to no more than 10 percent by weight of a Contracting Party's total BFT quota. Any overharvest of such tolerance limit from one year must be subtracted from the tolerance limit applicable in the next year or the year after that. The United States implements this provision by limiting the harvest of school BFT (measuring 27 to less than 47 inches) as appropriate to not exceed the 10-percent limit.

The currently codified baseline U.S. quota is 1,058.9 mt (not including the 25 mt ICCAT allocated to the United States to account for bycatch of BFT in pelagic longline fisheries in the Northeast Distant Gear Restricted Area). See § 635.27(a). The currently codified Angling category quota is 195.2 mt (108.4 mt for school BFT, 82.3 mt for large school/small medium BFT, and 4.5 mt for large medium/giant BFT).

The 2017 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2017. The Angling category season opened January 1, 2017, and continues through December 31, 2017. The size classes of BFT are summarized in Table 1. Please note that large school and small medium BFT traditionally have been managed as one size class, as described below, i.e., a limit of one large school/small medium BFT (measuring 47 to less than 73 inches). Currently, the default Angling category daily retention limit of one school, large school, or small medium BFT applies (§ 635.23(b)(2)). This retention limit applies to HMS Angling and to HMS Charter/Headboat category permitted vessels (when fishing recreationally for BFT).

Table 1—BFT Size Classes Size class Curved fork length School 27 to less than 47 inches (68.5 to less than 119 cm). Large school 47 to less than 59 inches (119 to less than 150 cm). Small medium 59 to less than 73 inches (150 to less than 185 cm). Large medium 73 to less than 81 inches (185 to less than 206 cm). Giant 81 inches or greater (206 cm or greater).

Table 2 summarizes the recreational quota, subquotas, landings, and retention limit information for 2015 and 2016, by size class.

Table 2—Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2015-2016 Size class 2015 Subquotas and total quota
  • (mt)
  • Landings
  • (mt)
  • Amount of subquotas and total quota used
  • (percent)
  • 2016 Subquotas and total quota
  • (mt)
  • Landings
  • (mt)
  • Amount of subquotas and total quota used
  • (percent)
  • School 108.4 26.2 24 108.4 40.3 37 Large School/Small Medium 82.3 80.2 97 82.3 96.8 118 Trophy: Large Medium/Giant 4.5 6.7 149 4.5 5.9 131 Total 195.2 113.1 58 195.2 143 73 Daily Retention Limits (per Vessel) January 1 through May 14: 1 school, large school, or small medium (default) January 1 through April 22: 1 school, large school, or small medium (default) May 15 through December 31 (80 FR 27863, May 15, 2015): April 23 through December 31 (81 FR 23438, April 21, 2016): Private boats: 1 school and 1 large school/small medium Private boats: 2 school and 1 large school/small medium Charter/Headboats: 2 school and 1 large school/small medium Charter/Headboats: 3 school and 1 large school/small medium
    Adjustment of Angling Category Daily Retention Limit

    Under § 635.23(b)(3), NMFS may increase or decrease the Angling category retention limit for any size class of BFT after considering regulatory determination criteria provided under § 635.27(a)(8). Recreational retention limits may be adjusted separately for specific vessel type, such as private vessels, headboats, or charter vessels.

    NMFS has considered all of the relevant determination criteria and their applicability to the change in the Angling category retention limit. The criteria and their application are discussed below.

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

    NMFS considered the catches of the Angling category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made (§ 635.27(a)(8)(ii)). NMFS anticipates that the full 2017 Angling category quota would not be harvested under the default retention limit. As shown in Table 2, Angling category landings were approximately 58 and 73 percent of the 184.3-mt annual Angling category quota in 2015 and 2016, respectively.

    NMFS also considered the effects of the adjustment on bluefin tuna rebuilding and overfishing and the effects of the adjustment on accomplishing the objectives of the FMP (§ 635.27(a)(8)(v) and (vi)). These retention limits would be consistent with the quotas established and analyzed in the bluefin tuna quota final rule (80 FR 52198, August 28, 2015), and with objectives of the 2006 Consolidated HMS FMP and amendments, and is not expected to negatively impact stock health or to affect the stock in ways not already analyzed in those documents. It is also important that we limit landings to the subquotas both to adhere to the FMP quota allocations and to ensure that landings are as consistent as possible with the pattern of fishing mortality (e.g., fish caught at each age) that was assumed in the projections of stock rebuilding.

    Another principal consideration in setting the retention limit is the objective of providing opportunities to harvest the full Angling category quota without exceeding it based on the goals of the 2006 Consolidated HMS FMP and amendments, including to achieve optimum yield on a continuing basis and to optimize the ability of all permit categories to harvest their full BFT quota allocations (related to § 635.27(a)(8)(x)).

    The 2016 school bluefin tuna landings represent 3.7 percent of the total U.S. quota for 2016, well under the ICCAT recommended 10-percent limit. Landings of school bluefin tuna in 2015 represented 2.4 percent of the total U.S. quota for 2015. Given that the Angling category landings fell short of the available quota and considering the regulatory criteria above, NMFS has determined that the Angling category retention limit applicable to participants on HMS Angling and HMS Charter/Headboat category permitted vessels should be adjusted upwards from the default level. NMFS has also concluded that implementation of separate limits for private and charter/headboat vessels remains appropriate, recognizing the different nature, socio-economic needs, and recent landings results of the two components of the recreational BFT fishery. For example, charter operators historically have indicated that a multi-fish retention limit is vital to their ability to attract customers. In addition, Large Pelagics Survey estimates indicate that charter/headboat BFT landings averaged approximately 30 percent of recent recreational landings for 2015 through 2016, with the remaining 70 percent landed by private vessels.

    Therefore, for private vessels (i.e., those with HMS Angling category permits), this action adjusts the limit upwards to two school BFT and one large school/small medium BFT per vessel per day/trip (i.e., two BFT measuring 27 to less than 47 inches, and one BFT measuring 47 to less than 73 inches). For charter vessels (i.e., those with HMS Charter/Headboat permits), this action adjusts the limit upwards to three school BFT and one large school/small medium BFT per vessel per day/trip when fishing recreationally for BFT (i.e., three BFT measuring 27 to less than 47 inches, and one BFT measuring 47 to less than 73 inches). These retention limits are effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT. Regardless of the duration of a fishing trip, the daily retention limit applies upon landing. For example, whether a private vessel (fishing under the Angling category retention limit) takes a two-day trip or makes two trips in one day, the day/trip limit of two school BFT and one large school/small medium BFT applies and may not be exceeded upon landing.

    NMFS anticipates that the BFT daily retention limits in this action will result in landings during 2017 that would not exceed the available subquotas. Lower retention limits could result in substantial underharvest of the codified Angling category subquota, and increasing the daily limits further may risk exceeding the available quota, contrary to the objectives of the 2006 Consolidated HMS FMP and amendments. NMFS is not setting higher school BFT limit for private and charter vessels due to the potential risk of exceeding the ICCAT tolerance limit on school BFT and other considerations, such as potential effort shifts to BFT fishing as a result of current, reduced recreational retention limits for New England groundfish and striped bass. NMFS will monitor 2017 landings closely and will make further adjustments, including closure if necessary, with an inseason action if warranted.

    Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries closely through the mandatory landings and catch reports. HMS Charter/Headboat and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov or by using the Android or iPhone app. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional retention limit adjustments or closures are necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. Subsequent actions, if any, will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments.

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

    Classification

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

    The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Affording prior notice and opportunity for public comment to implement the daily retention limit for the remainder of 2017 at this time is impracticable. Based on available BFT quotas, fishery performance in recent years, and the availability of BFT on the fishing grounds, immediate adjustment to the Angling category BFT daily retention limit from the default levels is warranted to allow fishermen to take advantage of the availability of fish and of quota. NMFS could not have proposed these actions earlier, as it needed to consider and respond to updated data and information from the 2016 Angling category fishery. If NMFS was to offer a public comment period now, after having appropriately considered that data, it would preclude fishermen from harvesting BFT that are legally available consistent with all of the regulatory criteria, and/or could result in selection of a retention limit inappropriately high or low for the amount of quota available for the period.

    Fisheries under the Angling category daily retention limit are currently underway and thus prior notice would be contrary to the public interest. Delays in increasing daily recreational BFT retention limit would adversely affect those HMS Angling and Charter/Headboat category vessels that would otherwise have an opportunity to harvest more than the default retention limit of one school, large school, or small medium BFT per day/trip and may exacerbate the problem of low catch rates and quota rollovers. Analysis of available data shows that adjustment to the BFT daily retention limit from the default level would result in minimal risks of exceeding the ICCAT-allocated quota. NMFS provides notification of retention limit adjustments by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For these reasons, there also is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

    This action is being taken under § 635.23(b)(3), and is exempt from review under Executive Order 12866.

    Authority:

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

    Dated: April 26, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-08777 Filed 4-27-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170104016-7016-01] RIN 0648-XF138 Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2017 and 2018 Sector Operations Plans and 2017 Allocation of Northeast Multispecies Annual Catch Entitlements AGENCY:

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

    ACTION:

    Interim final rule.

    SUMMARY:

    We have approved sector operations plans for fishing years 2017 and 2018, granting regulatory exemptions for fishing years 2017 and 2018, and providing Northeast multispecies annual catch entitlements to approved sectors for fishing year 2017. Approval of sector operations plans is necessary to allocate annual catch entitlements to the sectors and for the sectors to operate. The Northeast Multispecies Fishery Management Plan allows limited access permit holders to form sectors, and requires sectors to submit their operations plans and contracts to us, NMFS, for approval or disapproval. This interim final rule approves sector operations plans, grants regulatory exemptions for sectors, and provides preliminary allocations of annual catch entitlements to sectors for the start of the 2017 fishing year. Changes to exemptions and updates to sector annual catch entitlements may be considered in subsequent rulemakings.

    DATES:

    Sector operations plans and regulatory exemptions are effective May 1, 2017, through April 30, 2019. Northeast multispecies annual catch entitlements for sectors are effective May 1, 2017, through April 30, 2018. The default catch limit for Eastern Georges Bank cod is effective May 1, 2017, through July 31, 2017, or until the final rule for Framework 56 is implemented if prior to July 31, 2017. Written comments must be received on or before May 30, 2017.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2017-0016, by either of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0016, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Kyle Molton, 55 Great Republic Drive, Gloucester, MA 01930.

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

    Copies of each sector's final operations plan and contract are available from the NMFS Greater Atlantic Regional Fisheries Office: John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. These documents are also accessible via the Federal eRulemaking Portal: http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Kyle Molton, Fishery Management Specialist, (978) 281-9236. To review Federal Register documents referenced in this rule, you can visit: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies.

    SUPPLEMENTARY INFORMATION:

    Background

    Amendment 13 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) (69 FR 22906; April 27, 2004) established a process for forming sectors within the NE multispecies (groundfish) fishery, and Amendment 16 to the FMP (74 FR 18262; April 9, 2010), followed by Framework Adjustment 45 to the FMP (76 FR 23042; April 25, 2011) and Framework 48 to the FMP (78 FR 26118; May 3, 2013), expanded and revised sector management.

    The FMP defines a sector as “[a] group of persons (three or more persons, none of whom have an ownership interest in the other two persons in the sector) holding limited access vessel permits who have voluntarily entered into a contract and agree to certain fishing restrictions for a specified period of time, and which has been granted a TAC(s) [sic] in order to achieve objectives consistent with applicable FMP goals and objectives.” Sectors are self-selecting, meaning each sector can choose its members.

    The NE multispecies sector management system allocates a portion of the NE multispecies stocks to each sector. These annual sector allocations are known as annual catch entitlements (ACEs) and are based on the collective fishing history of a sector's members. Sectors may receive allocations of large-mesh NE multispecies stocks with the exception of Atlantic halibut, windowpane flounder, Atlantic wolffish, and ocean pout, which are non-allocated species. The ACEs are a portion of a stock's annual catch limit (ACL) available to commercial NE multispecies vessels within a sector. A sector determines how to harvest its ACEs and may decide to limit operations to fewer vessels.

    Because sectors elect to receive an allocation under a quota-based system, the FMP grants sector vessels several “universal” exemptions from the FMP's effort controls. These universal exemptions apply to: Trip limits on allocated stocks; the Georges Bank (GB) Seasonal Closure Area; NE multispecies days-at-sea (DAS) restrictions; the requirement to use a 6.5-inch (16.5-cm) mesh codend when fishing with selective gear on GB; portions of the Gulf of Maine (GOM) Cod Protection Closures; and the at-sea monitoring (ASM) coverage level for sector vessels fishing exclusively in the Southern New England (SNE) and Inshore GB Broad Stock Areas (BSA) with extra-large mesh gillnets (10-inch [25.4-cm] or greater). The FMP prohibits sectors from requesting exemptions from permitting restrictions, gear restrictions designed to minimize habitat impacts, and most reporting requirements.

    We received operations plans and preliminary contracts for fishing years 2017 and 2018 from 19 sectors. The operations plans are similar to previously approved versions and cover two fishing years. Continuing to approve two-year sector operations plans will help streamline the process for sector managers and reduce administrative burdens for both sectors and NMFS. In addition to the approved sectors, there are several state-operated permit banks, which receive allocation based on the history of the permits owned by the states. The final rule implementing Amendment 17 to the FMP allowed a state-operated permit bank to receive an allocation without needing to comply with the administrative and procedural requirements for sectors (77 FR 16942; March 23, 2012). Instead, permit banks are required to submit a list of participating permits to us, as specified in the permit bank's Memorandum of Agreement, to determine the ACE allocated to the permit bank. These allocations may be leased to fishermen enrolled in sectors. Although state-operated permit banks are no longer approved through the sector approval process, they are included in this discussion of allocations because they contribute to the total allocation under the sector system.

    We have determined that the 19 sector operations plans and contracts that we have approved, and 21 of the 26 regulatory exemptions requested, are consistent with the FMP's goals and objectives, and meet sector requirements outlined in the regulations at § 648.87. These 19 operations plans are similar to previously approved plans. Copies of the operations plans and contracts, and the environmental assessment (EA), are available at: http://www.regulations.gov and from NMFS (see ADDRESSES).

    Default Catch Limits for Fishing Year 2017

    Last year, Framework 55 (81 FR 26412; May 2, 2016) set fishing year 2017 catch limits for all groundfish stocks. The 2017 catch limits for most stocks remain the same as, or similar, to 2016 limits, with minor adjustments for projected stock growth or revised estimates of Canadian catch. Framework 55 did not, however, specify a 2017 catch limit for Eastern GB cod, which is a management unit of the GB cod stock that is jointly managed with Canada. In addition, the Northeast Fisheries Science Center conducted a new benchmark assessment for witch flounder in December 2016.

    This year, in Framework 56, the Council adopted a new 2017 catch limit for witch flounder based on the 2016 benchmark assessment, as well as 2017 catch limits for the three U.S./Canada stocks (Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder). We are working to publish a proposed rule to request comments on the Framework 56 measures. Given the timing of the 2016 witch flounder stock assessment, the development and submission of Framework 56 was delayed, and it will not be possible to implement Framework 56 measures in time for May 1, 2017.

    As a result, this rule sets a default catch limit for Eastern GB cod to prevent disruption to the groundfish fishery. The default catch limit for Eastern GB cod is set at 35 percent of the previous year's (2016) catch limit. This rule also announces the 2017 catch limits that will be effective on May 1, 2017, including the sector and common pool allocations based on the preliminary fishing year 2017 sector rosters (Table 1). The default catch limit for Eastern GB cod would be effective from May 1, 2017, through July 31, 2017, or the date on which the final rule for Framework 56 is implemented if prior to July 31. The catch limits for GB cod, GB haddock, GB yellowtail flounder, and witch flounder would be replaced once Framework 56 is implemented.

    In Framework 56, the Council recommended a 23-percent decrease for GB yellowtail flounder for fishing year 2017 compared to 2016, and compared to the fishing year 2017 catch limit previously set in Framework 55. The recommended decrease is based on the Transboundary Management Guidance Committee's recommendation, which is the joint U.S./Canada management body that meets annually to recommend shared quotas for the three transboundary stocks. This recommendation will be further discussed in the Framework 56 proposed rule. We are highlighting this proposed decrease to sectors in this rule because the GB yellowtail flounder sector allocation issued in this rule is based on the higher 2017 catch limit previously approved in Framework 55.

    BILLING CODE 3510-22-P ER28AP17.044 BILLING CODE 3510-22-C Sector Allocations

    Based on preliminary sector rosters submitted on March 20, 2017, we have projected fishing year 2017 allocations in this final rule. All permits enrolled in a sector, and the vessels associated with those permits, have until April 30, 2017, to withdraw from a sector and fish in the common pool for fishing year 2017. For fishing year 2018, we will set similar roster deadlines, notify permit holders of the fishing year 2018 deadlines, and allow permit holders to change sectors separate from the annual sector operations plans approval process.

    We calculate the sector's allocation for each stock by summing its members' potential sector contributions (PSC) for a stock and then multiplying that total percentage by the available commercial sub-ACL for that stock. Table 2 shows the projected total PSC for each sector by stock for fishing year 2017. Tables 3 and 4 show the initial allocations that each sector will be allocated, in pounds and metric tons, respectively, for fishing year 2017, based on their preliminary fishing year 2017 rosters. At the start of the fishing year, we provide the final allocations, to the nearest pound, to the individual sectors, and we use those final allocations to monitor sector catch. The common pool sub-ACLs are also included in each of these tables for comparison.

    We do not assign a permit separate PSCs for the Eastern GB cod or Eastern GB haddock; instead, we assign each permit a PSC for the GB cod stock and GB haddock stock. Each sector's GB cod and GB haddock allocations are then divided into an Eastern ACE and a Western ACE, based on each sector's percentage of the GB cod and GB haddock ACLs. For example, if a sector is allocated 4 percent of the GB cod ACL and 6 percent of the GB haddock ACL, the sector is allocated 4 percent of the commercial Eastern U.S./Canada Area GB cod total allowable catch (TAC) and 6 percent of the commercial Eastern U.S./Canada Area GB haddock TAC as its Eastern GB cod and haddock ACEs. These amounts are then subtracted from the sector's overall GB cod and haddock allocations to determine its Western GB cod and haddock ACEs. A sector may only harvest its Eastern GB cod and haddock ACEs in the Eastern U.S./Canada Area, but may “convert,” or transfer, its Eastern GB cod or haddock allocation into Western GB allocation and fish that converted ACE outside the Eastern GB area.

    We expect to finalize 2016 catch information in summer 2017. We will allow sectors to transfer fishing year 2016 ACE for 2 weeks upon our completion of year-end catch accounting to reduce or eliminate any fishing year 2016 overages. If necessary, we will reduce any sector's fishing year 2017 allocation to account for a remaining overage in fishing year 2016. We will follow the same process for fishing year 2018. Each year of the operations plans, we will notify the Council and sector managers of this deadline in writing and will announce this decision on our Web site at: http://www.greateratlantic.fisheries.noaa.gov/.

    BILLING CODE 3510-22-P ER28AP17.045 ER28AP17.046 ER28AP17.047 BILLING CODE 3510-22-C Sector Operations Plans and Contracts Approved Sectors

    As previously stated, we received and are approving 19 sector operations plans and contracts for fishing years 2017 and 2018. In order to approve a sector's operations plan for fishing years 2017 and 2018, we consider whether a sector has been compliant with reporting requirements from previous years, including the year-end reporting requirements found at § 648.87(b)(1)(vi)(C). Approved operations plans, provided on our Web site as a single document for each sector, not only contain the rules under which each sector would fish, but also provide the legal contract that binds each member to the sector for the length of the sector's operations plan. Each sector's operations plan, and each sector's members, must comply with the regulations governing sectors, found at § 648.87. In addition, each sector must conduct fishing activities as detailed in its approved operations plan.

    Participating vessels are required to comply with all pertinent Federal fishing regulations, except as specifically exempted in the letter of authorization (LOA) issued by the Regional Administrator, which details any approved sector exemptions from the regulations. If, during a fishing year, or between fishing years 2017 and 2018, a sector requests an exemption that we have already granted, or proposes a change to administrative provisions, we may amend the sector operations plans. Should any such amendments require modifications to LOAs, we would include these changes in updated LOAs and provide them to the appropriate sectors.

    As in previous years, we retain the right to revoke exemptions in-season if: We determine that the exemption jeopardizes management measures, objectives, or rebuilding efforts; the exemption results in unforeseen negative impacts on other managed fish stocks, habitat, or protected resources; the exemption causes enforcement concerns; catch from trips utilizing the exemption cannot adequately be monitored; or a sector is not meeting certain administrative or operational requirements. If it becomes necessary to revoke an exemption, we will do so through a process consistent with the Administrative Procedure Act.

    Each sector is required to ensure that it does not exceed its ACE during the fishing year. Sector vessels are required to retain all legal-sized allocated NE multispecies stocks, unless a sector is granted an exemption allowing its member vessels to discard legal-sized unmarketable fish at sea. Catch (defined as landings and dead discards) of all allocated NE multispecies stocks by a sector's vessels count against the sector's allocation. Catch from a sector trip targeting dogfish, monkfish, skate, and lobster (with non-trap gear) would be deducted from the sector's ACE because these are groundfish trips using gear capable of catching groundfish. This includes trips that have declared into the small-mesh exemption described below, because vessels fishing under this sector exemption, (i.e., vessels fishing with both small mesh and large mesh during the same trip) are considered to be on a sector trip for purposes of monitoring ACE. Catch from a non-sector trip in an exempted fishery does not count against a sector's allocation and is assigned to a separate ACL sub-component to account for any groundfish bycatch that occurs in non-groundfish fisheries.

    In fishing years 2010 and 2011, we funded an ASM program with a target ASM coverage level of 30 percent of all trips. In addition, we provided 8-percent observer coverage through the Northeast Fishery Observer Program (NEFOP), which helps to support the Standardized Bycatch Reporting Methodology (SBRM) and stock assessments. This resulted in an overall target coverage level of 38 percent for fishing years 2010 and 2011, between ASM and NEFOP. Beginning in fishing year 2012, we have conducted an annual analysis to determine the total target coverage level. Industry has been required to pay for their costs of ASM coverage since 2012, while we continued to fund NEFOP coverage. However, we were able to fund the industry's portion of ASM costs and NEFOP coverage in fishing years 2012 through most of 2015. Industry began paying for their portion of the ASM program in March 2016. In June 2016, after determining that the SBRM monitoring program could be fully funded, NOAA Fisheries announced that we had remaining funds to offset some of industry's costs of the groundfish ASM program in 2016. We provided a grant to the Atlantic States Marine Fisheries Commission (ASMFC) to reimburse sectors for 85 percent of their costs for at-sea monitoring. We expect that there will be funds remaining in the grant to the ASMFC at the end of the 2016 fishing year that will be available to reimburse sectors for a portion of their ASM costs in fishing year 2017. We have not yet determined the reimbursement rate for 2017. However, it may be lower than 85 percent. Table 5 shows the target coverage level in previous fishing years.

    Table 5—Historic Target Coverage Level for Monitoring Fishing year Total target
  • coverage level
  • (%)
  • ASM target
  • coverage level
  • (%)
  • NEFOP target
  • coverage level
  • (%)
  • 2010 38 30 8 2011 38 30 8 2012 25 17 8 2013 22 14 8 2014 26 18 8 2015 16 12 4 2016 14 10 4

    Sectors are responsible for paying the at-sea portion of costs associated with the sector ASM program and for designing, implementing, and funding an ASM program that will provide the level of ASM coverage specified annually. We are required to specify a level of ASM coverage using a process described in Framework 55 that attempts to balance minimizing the cost burden to sectors and NMFS to the extent practicable, while still providing a reliable estimate of overall catch by sectors needed for monitoring ACEs and ACLs. Using this method, NMFS has determined that the total appropriate target coverage level for fishing year 2017 is 16 percent of all eligible sector trips. Federally-funded observer coverage provided by NEFOP to meet SBRM will partially satisfy the 16-percent coverage requirement, so sectors will pay for ASM coverage on less than 16 percent of their groundfish trips. We will use discards derived from these observed and monitored trips to calculate and apply discards to unobserved sector trips. We have published a more detailed summary of the supporting information, explanation and justification for this decision at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/Sectors/ASM/FY2017_Multispecies_Sector_ASM_Requirements_Summary.pdf.

    The draft operations plans submitted in September 2016 included industry-funded ASM plans to be used for fishing year 2017. As in previous years, we gave sectors the option to design their own programs in compliance with regulations, or elect to adopt the NMFS-designed ASM program that we have used in previous fishing years. As in past years, several sectors chose to adopt the NMFS-designed program while others proposed programs of their own design. Sector-designed ASM programs for fishing years 2017 and 2018 were similar to those approved in past years. We reviewed all sector-proposed ASM programs for consistency with ASM requirements and have approved them. ASM programs proposed by the sectors are described in detail later in this final rule.

    Each sector contract details the method for initial ACE sub-allocation to sector members. For fishing years 2017 and 2018, each sector has proposed that each sector member could harvest an amount of fish equal to the amount each individual member's permit contributed to the sector, as modified by the sector for reserves or other management measures. Each sector operations plan submitted for fishing years 2017 and 2018 states that the sector would withhold an initial reserve from the sector's ACE sub-allocation to each individual member to prevent the sector from exceeding its ACE. A sector and sector members can be held jointly and severally liable for ACE overages, discarding legal-sized fish, and/or misreporting catch (landings or discards). Each sector contract provides procedures for enforcement of the sector's rules, explains sector monitoring and reporting requirements, provides sector managers with the authority to issue stop fishing orders to sector members who violate provisions of the operations plan and contract, and presents a schedule of penalties that managers may levy for sector plan violations.

    Sectors are required to monitor their allocations and catch. To help ensure that a sector does not exceed its ACE, each sector operations plan explains sector monitoring and reporting requirements, including a requirement to submit weekly catch reports to us. If a sector reaches an ACE threshold (specified in the operations plan), the sector must provide us with sector allocation usage reports on a daily basis. Once a sector's allocation for a particular stock is caught, that sector is required to cease all sector fishing operations in that stock area until it acquires more ACE, likely by an ACE transfer between sectors. Within 60 days of when we complete year-end catch accounting, each sector is required to submit an annual report detailing the sector's catch (landings and discards), enforcement actions, and pertinent information necessary to evaluate the biological, economic, and social impacts of each sector.

    Future Consideration of 2017 Sector Operations

    An ongoing case, United States v. Carlos Rafael, may affect sector operations for the 2017 fishing year. On March 30, 2017, Carlos Rafael pleaded guilty to federal criminal charges involving falsely reporting catch information on dealer reports and vessel trip reports. All of the vessels involved were enrolled in NEFS 9 during the period of misreporting, are currently enrolled in the sector for fishing year 2016, and are on the preliminary sector roster for fishing year 2017. Sentencing for these violations is currently scheduled for June 27, 2017, and may provide additional information that could affect sector operations. Because the case is ongoing, we are approving the NEFS 9 operations plan at this time. However, we intend to take into account additional information regarding NEFS 9 operations as it becomes available and take further action, as necessary, including consideration of further management or monitoring requirements and continued approval of the sector.

    Granted Exemptions for Fishing Years 2017 and 2018 Previously Granted Exemptions Granted for Fishing Years 2017 and 2018 (1-20)

    We are granting exemptions from the following requirements for fishing years 2017 and 2018, all of which have been requested and granted in previous years: (1) 120-day block out of the fishery required for Day gillnet vessels; (2) 20-day spawning block out of the fishery required for all vessels; (3) prohibition on a vessel hauling another vessel's gillnet gear; (4) limits on the number of gillnets that may be hauled on GB when fishing under a NE multispecies/monkfish DAS; (5) limits on the number of hooks that may be fished; (6) DAS Leasing Program length and horsepower restrictions; (7) prohibition on discarding; (8) daily catch reporting by sector managers for sector vessels participating in the Closed Area (CA) I Hook Gear Haddock Special Access Program (SAP); (9) prohibition on fishing inside and outside of the CA I Hook Gear Haddock SAP while on the same trip; (10) prohibition on a vessel hauling another vessel's hook gear; (11) the requirement to declare an intent to fish in the Eastern U.S./Canada SAP and the CA II Yellowtail Flounder/Haddock SAP prior to leaving the dock; (12) gear requirements in the Eastern U.S./Canada Management Area; (13) seasonal restrictions for the Eastern U.S./Canada Haddock SAP; (14) seasonal restrictions for the CA II Yellowtail Flounder/Haddock SAP; (15) sampling exemption; (16) prohibition on groundfish trips in the Nantucket Lightship Closed Area; (17) prohibition on combining small-mesh exempted fishery and sector trips in Southern New England; (18) limits on the number of gillnets for day gillnet vessels fishing outside the GOM; (19) 6.5-inch minimum mesh size requirement for trawl nets to allow a 5.5 inch codend on directed redfish trips; and (20) extra-large mesh requirement to target dogfish on trips excluded from ASM in SNE and Inshore GB. A detailed description of the previously granted exemptions and supporting rationale can be found in the applicable final rules identified in Table 6 below.

    Table 6—Exemptions From Previous Fishing Years That Are Granted in Fishing Years 2017 and 2018 Exemptions Rulemaking Date of publication Citation 1-8, 12 Fishing Year 2011 Sector Operations Final Rule April 25, 2011 76 FR 23076. 9-11 Fishing Year 2012 Sector Operations Final Rule May 2, 2012 77 FR 26129. 13-15 Fishing Year 2013 Sector Operations Interim Final Rule May 2, 2013 78 FR 25591. 16 Fishing Year 2014 Sector Operations Final Rule April 28, 2014 79 FR 23278. 17-19 Fishing Years 2015-2016 Sector Operations Final Rule May 1, 2015 80 FR 25143. 20 Framework 55 Final Rule May 2, 2016 81 FR 26412. NE Multispecies Federal Register documents can be found at http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/. New Exemption Granted for Fishing Years 2017 and 2018 (21) Requirement To Carry a VMS for Handgear A Vessels Fishing in a Single Broad Stock Area

    Sectors are prohibited from requesting exemptions from reporting requirements. However, Amendment 18 included a measure that allows a sector to request a VMS exemption for Handgear A vessels, and we are granting this exemption for the 2017 and 2018 fishing years. Because the cost of VMS units is often a significant barrier to sector participation for handgear vessels, this exemption is intended to increase Handgear A vessel participation in sectors. Handgear A vessels using the VMS exemption (enrolled in a sector that has the exemption and fishing in a single broad stock area) must declare the start of trips to NMFS using the interactive voice response (IVR) system. Vessels must also declare their trip end through IVR, similar to a VMS trip end hail.

    To ensure that catch and discards are reported to the correct broad stock area, Handgear A vessels may only use the VMS exemption when fishing in a single broad stock area. Handgear vessels intending to fish in multiple broad stock areas (for example, Gulf of Maine and Inshore Georges Bank) must declare their trip through a VMS system and submit daily VMS catch reports when fishing inside and outside of the Gulf of Maine on the same trip. A VMS unit is also required when fishing in the Eastern and Western U.S./Canada Areas, and may be required for some sector exemptions or special access areas, and this exemption does not waive those requirements.

    Handgear A vessels using the VMS exemption are still required to call into the pre-trip notification system (PTNS) at least 48 hours prior to the start of a trip to facilitate ASM selection procedures. Additionally, all other reporting and monitoring requirements still apply, including the requirement to complete a vessel trip report (VTR) and declare their trip end before beginning to offload. We expect the requirement to complete a VTR and declare a trip end before offloading to assist with coordinating dockside enforcement and sampling.

    As with other exemptions, sectors that have requested the exemption must include it in their operations plan, and have their plan approved, in order for their sector members to use the exemption. We will monitor the use of this exemption and update requirements, as necessary.

    Denied Fishing Years 2017 and 2018 Exemption Requests

    We are denying five exemption requests. Three of these requests sought to allow the use of nets with mesh smaller than the minimum mesh size to target healthy stocks. We are denying these exemptions because of concerns about bycatch of undersized groundfish, concerns about impacts on stocks in poor condition, like cod, and a lack of available data to support approval. Increasing fishing opportunities to catch healthy stocks is important, but we must ensure that these opportunities do not negatively affect stocks in poor condition. As such, testing these concepts and collecting data necessary to support future exemption requests are needed. These ideas should be pursued through experimental fishing permits and other research to collect data useful in evaluating their effectiveness. We are also denying an exemption request that would allow certain gillnet vessels to leave nets in the water between trips because this could undermine effort controls in the Monkfish FMP due to interactions between that plan and the groundfish FMP. Because of the complicated interplay between this exemption request and multiple FMP's we have forwarded this request to the New England Council for their consideration in future groundfish or monkfish actions, should they choose. We are denying the VMS powerdown exemption because of a lack of compliance with the requirements of the exemptions when it was granted in previous years. In years when this exemption was granted, we worked with sectors to improve use of this exemption; however, compliance did not improve. As a result, we did not approve this exemption for fishing years 2015 and 2016. Requests for this exemption for fishing years 2017 and 2018 did not include any additional requirements or information that would suggest use of this exemption would improve from previous years. For these reasons, we do not have confidence that compliance with this exemption would be adequate, which would undermine our ability to adequately monitor the fishery. For these reasons, we are again denying this exemption.

    Exemption We Propose To Modify Modifications to the Sectors Small-Mesh Fishery Exemption Area

    We received a request to modify the area for an approved exemption (17) that allows the use of small-mesh and large mesh trawl gear on a sector trip in portions of Southern New England. As approved in fishing years 2015 and 2016, and in this rule for fishing years 2017 and 2018, the exemption allows vessels to combine sector and small-mesh fishery trips by first targeting groundfish with large mesh and then switching to small-mesh mid-trip to target exempted fishery species. There are additional requirements for gear modifications on the small-mesh portion of the trip to reduce bycatch of groundfish, and all legal groundfish caught on the small-mesh portion of the trip must be kept and counted against the sector's allocation. A vessel using this exemption is still required to meet the same NEFOP and ASM coverage as groundfish trips, and is also required to submit a VMS catch report when switching gears.

    The current small-mesh sector exemption area as described in the Final 2015 and 2016 Sector Rule (80 FR 25143, May 1 2015) includes two discrete areas, one that parallels the southern shore of Long Island to the waters just off Narragansett Bay, and a second area south of Martha's Vineyard (see Figure 1). The request was to modify the area to include all of statistical areas 537, 539 and 613, which would expand the geographic footprint of the exemption area, to better reflect fishing practices in the area and increase efficiency and opportunities for sector vessels (see Figure 2). We are proposing to grant the modification to the exemption area, as requested, but the exemption would not be applicable to any areas that overlap groundfish closed areas or southern windowpane flounder accountability measure (AM) areas, regardless of whether the AM areas are triggered. We are excluding the overlapping southern windowpane flounder AM areas because of concerns about interactions with windowpane flounder and other regulated groundfish species within the AM area. As with all sector exemptions, we will continue to monitor the use of the updated exemption, as well as any changes to AM areas by the New England Council, in future consideration of this exemption.

    BILLING CODE 3510-22-P ER28AP17.048 ER28AP17.049 BILLING CODE 3510-22-C Modified Exemption Reporting Requirements Changes to the Reporting Requirements for the Exemption From the Extra-Large Mesh Requirement To Target Dogfish on Trips Excluded From ASM

    Last year, Framework 55 removed the ASM coverage requirement for sector trips using gillnets with extra-large mesh (10 inches (25.4 cm) or greater) in the SNE and Inshore GB Broad Stock Areas. We also approved a sector exemption that allows vessels on these ASM-excluded sector trips to target dogfish using 6.5-inch (16.5-cm) mesh gillnet gear within the footprint and season of either the Nantucket Shoals Dogfish Exemption Area (June 1 to October 15), the Eastern Area of the Cape Cod Spiny Dogfish Exemption Area (June 1 to December 31), or the Southern New England Dogfish Gillnet Exemption Area (May 1 to October 31). At the time, we announced that we would closely monitor the exemption during the 2016 fishing year to evaluate whether additional reporting measures are necessary. In order to improve the monitoring of this exemption, and to be consistent with reporting requirements of similar exemptions, we are updating the reporting requirements for this exemption beginning in the 2017 fishing year.

    In addition to the PTNS requirement, a vessel is now required to declare its intent to use gillnets with extra-large mesh (10 inches (25.4 cm) or greater) in the SNE/MA and Inshore GB Broad Stock Areas by submitting a trip start hail through its VMS unit prior to departure. This trip start hail will be used for monitoring and enforcement purposes. Trips declaring this exemption must stow their regulated mesh gear and use their extra large mesh (10 inches (25.4 cm) or greater) first. Also starting fishing year 2017, the vessel, once finished with the extra-large mesh portion of the trip, must submit a Multispecies Catch Report via VMS with a good faith estimate of all catch on board, and an indication of the switch to regulated mesh. The vessel could then fish with regulated mesh within the allowable dogfish exemption areas, and comply with the remaining requirements of a sector trip, including the submission of VTRs, a trip end hail, and a final Multispecies Catch Report.

    We will continue to closely monitor this exemption to evaluate whether additional reporting measures are necessary. While sector trips using this exemption are exempt from ASM coverage, any legal-sized allocated groundfish stocks caught during these trips must be landed and the associated landed weight (dealer or VTR) will be deducted from the sector's ACE.

    Additional Sector Operations Plan Provisions Inshore GOM Restrictions

    Several sectors have proposed an operations plan provision to limit and more accurately document a vessel's behavior when fishing in an area they define as the inshore portion of the GOM BSA, or the area to the west of 70°15′ W. long. As in fishing years 2015 and 2016, we are approving this provision, but note that a sector may elect to remove this provision in the final version of its operations plan, and it is not a requirement under NMFS regulations.

    Under this provision, a vessel that is carrying an observer or at-sea monitor would remain free to fish in all areas, including the inshore GOM area, without restriction. If a vessel is not carrying an observer or at-sea monitor and fishes any part of its trip in the GOM west of 70°15′ W. long., the vessel would be prohibited from fishing outside of the GOM BSA. Also, if a vessel is not carrying an observer or at-sea monitor and fishes any part of its trip outside the GOM BSA, this provision would prohibit a vessel from fishing west of 70°15′ W. long. within the GOM BSA. The approved provision includes a requirement that a vessel declare whether it intends to fish in the inshore GOM area through the trip start hail using its VMS unit prior to departure. We provide sector managers with the ability to monitor this provision through the Sector Information Management Module, a Web site where we also provide roster, trip, discard, and observer information to sector managers. A sector vessel may use a federally funded NEFOP observer or at-sea monitor on these trips because we believe it will not create bias in coverage or discard estimates, as fishing behavior is not expected to change as a result of this provision.

    Prohibition on a Vessel Hauling Another Vessel's Trap Gear To Target Groundfish

    Several sectors have requested a provision to allow a vessel to haul another vessel's fish trap gear, similar to the current exemptions that allow a vessel to haul another vessel's gillnet gear or hook gear. These exemptions have generally been referred to as “community” gear exemptions. Regulations at § 648.84(a) require a vessel to mark all bottom-tending fixed gear, which would include fish trap gear used to target groundfish. To facilitate enforcement of this regulation, we are requiring that any community fish trap gear be tagged by each vessel that plans to haul the gear, similar to how this sector operations plan provision was implemented in fishing years 2014 through 2016. This allows one vessel to deploy the trap gear and another vessel to haul the trap gear, provided both vessels tag the gear prior to deployment. This requirement is included in the sector's operations plan to provide the opportunity for the sector to monitor the use of this provision and ensure that the Office of Law Enforcement (OLE) and the U.S. Coast Guard can enforce the marking requirement.

    At-Sea Monitoring Proposals

    For fishing years 2017 and 2018, each sector is required to develop and fund an approved ASM program. In the event we cannot approve a proposed ASM program we asked all sectors to include an option to use the current NMFS-designed ASM program as a back-up. Sustainable Harvest Sectors 1, 2, and 3, GB Cod Fixed Gear Sector, Northeast Coastal Communities Sector, and Maine Coast Community Sector have proposed to use the ASM program that was developed by NMFS. We approve this program for these sectors because it is consistent with goals and objectives of monitoring, and with regulatory requirements. Sectors that operate only as permit banks, and explicitly prohibit fishing in their operations plans, are not required to include provisions for an ASM program.

    We approve the ASM programs proposed by the remaining 12 sectors, which state that they will: Contract with a NMFS-approved ASM provider; meet the specified coverage level; and utilize the PTNS for random selection of monitored trips and notification to providers. These ASM programs also include additional protocols for ASM coverage waivers, incident reporting, and safety requirements for their sector mangers and members. We have determined that the programs are consistent with the goals and objectives of at-sea monitoring, and within the regulatory requirements.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the NMFS Assistant Administrator has determined that this interim final rule is consistent with the NE Multispecies FMP, other provisions of the Magnuson-Stevens Act, and other applicable law.

    The AA finds that prior notice and the opportunity for public comment would be contrary to the public interest, consistent with 5 U.S.C. 553(b)(B). The purpose of this action is to allocate quotas to sectors and to authorize vessels to fish under the sector operations plans during the 2017 fishing year. The sector operations plans must be approved before sector vessels can fish in the sector fishery. In 2015, Framework Adjustment 55 to the NE Multispecies FMP set 2017 annual catch limits for groundfish stocks. However, in January 2017 the New England Fishery Management Council approved Framework Adjustment 56 to the FMP which would change the annual catch limits for 2017 for some stocks (some stocks would increase and others would decrease). To avoid public confusion and a mid-year change in allocations, we initially developed this rule to complement the Framework 56 rulemaking process. Typically, the framework rulemaking and related sector operations rule are completed in time for the start of the fishing year on May 1. However, the Council did not formally submit Framework 56 to us until April 13, 2017, which prohibited us from coordinating the publication of the two actions. Due to the late submission of Framework 56, this rule instead makes allocations based on the quota previously set by Framework 55. This rule could not be revised, as necessary, in time to provide prior notice and comment and still be effective for the start of the 2017 fishing year on May 1, 2017.

    Delaying the effective date of this action past the beginning of the fishing year on May 1 would cause a major disruption in sector member fishing plans and impose substantial opportunity costs through lost fishing opportunities. Sectors include 838 permits and 99 percent of fishing activity. Thus, any delay past the beginning of the fishing year would effectively shut down nearly the entire groundfish fishery during that delay. This delay may also require sector members to reconsider their decision and plans to fish in the sector rather than the common pool. Shutting down the fishery and disrupting business plans is contrary to this rule's intended purpose of providing operational flexibility and maximum opportunity for catching up to the fishery's allocated amounts. Further, these allocated amounts are gauged to achieve Optimum Yield and producing the greatest benefit to the nation as required by the Magnuson-Stevens Fishery Conservation and Management Act. A delay in the beginning of the fishery would be contrary to this statutory requirement and FMP goal. The economic loss from this lost opportunity and disruption would further exacerbate the severe economic impacts experienced by the groundfish fishery that have resulted from the substantial catch limit reductions for many key groundfish stocks over the past 5 years. For these reasons, delaying the effective date of this action to provide prior opportunity for public comment is contrary to the public interest. The AA finds that there is adequate justification under 5. U.S.C. 553(d)(1) to waive the 30-day delay in effective date because this rule relieves several restrictions. This action allocates quotas and approves sector operations plans for fishing year 2017. A delay in effectiveness would not be in the public interest because this rule does not impose any new requirements or costs on industry for which industry needs time to prepare to comply. Further, if the effectiveness of this action is delayed beyond the May 1, 2017, start of the fishing year, the 838 permits enrolled to fish in a sector in 2017 would either need to cease fishing on May 1, until this rule became effective, or forego fishing as part of a sector, including the associated regulatory exemptions, for the entirety of the fishing year and instead fish under the effort control regulations of the common pool. For example, vessels fishing in the common pool would be subject to effort controls that do not apply to vessels fishing under an approved sector operations plan. Common pool vessels will have their catch limited each trip, will be further limited in the number of days they could fish, and will be subject to several seasonal closures that sector vessels will be exempted from.

    Additionally, there is good cause under 5 U.S.C. 553(d)(3), to waive the 30-day delay in effectiveness so that the purpose of this rule is not undermined. As stated above, the purpose of this action is to allocate quotas to sectors and to authorize vessels to fish under the sector operations plans during the 2017 fishing year. If the effectiveness of this action is delayed beyond the May 1, 2017, start of the fishing year, the 838 permits enrolled to fish in a sector in 2017 would either need to cease fishing on May 1 until this rule became effective, or forego fishing as part of a sector, including the associated regulatory exemptions, for the entirety of the fishing year and instead fish under the effort control regulations of the common pool. Preventing vessels from fishing under the provisions of an approved operations plan either for the whole year, or a portion of the year, would severely disrupt the sector fishery and have direct negative economic effects on the affected vessels.

    This interim final rule does not contain policies with Federalism or “takings” implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively.

    This interim final rule is exempt from the procedures of the Regulatory Flexibility Act because the rule is issued without opportunity for prior notice and opportunity for public comment.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 25, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2017-08617 Filed 4-27-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150630567-7360-02] RIN 0648-BF26 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Amendment 18 Correction

    In rule document 2017-8035 beginning on page 18706 in the issue of Friday, April 21, 2017, make the following correction:

    On page 18713, in the first column, in the second paragraph, the first sentence should read “This final rule contains a collection-of-information requirement subject to the Paperwork Reduction Act (PRA) and which has been approved by OMB under control number 0648-0752.”.

    [FR Doc. C1-2017-08035 Filed 4-27-17; 8:45 am] BILLING CODE 1301-00-D
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 161222999-7413-01] RIN 0648-BG59 Fisheries Off West Coast States; West Coast Salmon Fisheries; 2017 Management Measures and a Temporary Rule AGENCY:

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

    ACTION:

    Final rule; and a temporary rule for emergency action.

    SUMMARY:

    Through this final rule, NMFS establishes fishery management measures for the 2017 ocean salmon fisheries off Washington, Oregon, and California and the 2018 salmon seasons opening earlier than May 1, 2018. The temporary rule for emergency action (emergency rule), under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), implements the 2017 annual management measures for the West Coast ocean salmon fisheries for the area from the U.S./Canada border to Cape Falcon, OR, from May 1, 2017, through October 28, 2018. The emergency rule is required because allocation of coho harvest between recreational and commercial fisheries will not be consistent with the allocation schedule specified in the Pacific Coast Salmon Fishery Management Plan (FMP) in order to limit fishery impacts on Queets coho and meet conservation and management objectives. The fishery management measures for the area from Cape Falcon, OR, to the U.S./Mexico border are consistent with the FMP and are implemented through a final rule. Specific fishery management measures vary by fishery and by area. The measures establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. exclusive economic zone (EEZ) (3-200 NM) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non-treaty commercial, and recreational fisheries. The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement and inside fisheries (fisheries occurring in state internal waters).

    DATES:

    The final rule covering fisheries south of Cape Falcon, Oregon, is effective from 0001 hours Pacific Daylight Time, May 1, 2017, until the effective date of the 2018 management measures, which will be published in the Federal Register. The temporary rule covering fisheries north of Cape Falcon, Oregon, is effective from 0001 hours Pacific Daylight Time, May 1, 2017, through 2400 hours Pacific Daylight Time, October 28, 2017, or the attainment of the specific quotas listed below in section two of this rule.

    ADDRESSES:

    The documents cited in this document are available on the Pacific Fishery Management Council's (Council's) Web site (www.pcouncil.org).

    FOR FURTHER INFORMATION CONTACT:

    Peggy Mundy at 206-526-4323.

    SUPPLEMENTARY INFORMATION:

    Background

    The ocean salmon fisheries in the EEZ off Washington, Oregon, and California are managed under a “framework” FMP. Regulations at 50 CFR part 660, subpart H, provide the mechanism for making preseason and inseason adjustments to the management measures, within limits set by the FMP, by notification in the Federal Register. Establishing annual management measures is authorized at 50 CFR 660.408.

    The management measures for the 2017 and pre-May 2018 ocean salmon fisheries that are implemented in this final rule were recommended by the Council at its April 6 to 11, 2017, meeting.

    Process Used To Establish 2017 Management Measures

    The Council announced its annual preseason management process for the 2017 ocean salmon fisheries in the Federal Register on December 28, 2016 (81 FR 95568), and on the Council's Web site at (www.pcouncil.org). NMFS published an additional notice of opportunities to submit public comments on the 2017 ocean salmon fisheries in the Federal Register on January 17, 2017 (82 FR 4859). These notices announced the availability of Council documents, the dates and locations of Council meetings and public hearings comprising the Council's complete schedule of events for determining the annual proposed and final modifications to ocean salmon fishery management measures, and instructions on how to comment on the development of the 2017 ocean salmon fisheries. The agendas for the March and April Council meetings were published in the Federal Register (82 FR 10881, February 16, 2017, and 82 FR 14353, March 20, 2017, respectively) and posted on the Council's Web site prior to the actual meetings.

    In accordance with the FMP, the Council's Salmon Technical Team (STT) and staff economist prepared four reports for the Council, its advisors, and the public. All four reports were made available on the Council's Web site upon their completion. The first of the reports, “Review of 2016 Ocean Salmon Fisheries,” was prepared in February when the scientific information necessary for crafting management measures for the 2017 and pre-May 2018 ocean salmon fisheries first became available. The first report summarizes biological and socio-economic data for the 2016 ocean salmon fisheries and assesses how well the Council's 2016 management objectives were met. The second report, “Preseason Report I Stock Abundance Analysis and Environmental Assessment Part 1 for 2017 Ocean Salmon Fishery Regulations” (PRE I), provides the 2017 salmon stock abundance projections and analyzes the impacts on the stocks and Council management goals if the 2016 regulations and regulatory procedures were applied to the projected 2017 stock abundances. The completion of PRE I is the initial step in developing and evaluating the full suite of preseason alternatives.

    Following completion of the first two reports, the Council met in Vancouver, WA, from March 7 to 13, 2017, to develop 2017 management alternatives for proposal to the public. The Council proposed three alternatives for commercial and recreational fisheries management for analysis and public comment. These alternatives consisted of various combinations of management measures designed to protect weak stocks of coho and Chinook salmon, and to provide for ocean harvests of more abundant stocks. After the March Council meeting, the Council's STT and staff economist prepared a third report, “Preseason Report II Proposed Alternatives and Environmental Assessment Part 2 for 2017 Ocean Salmon Fishery Regulations” (PRE II), which analyzes the effects of the proposed 2017 management alternatives.

    Public hearings, sponsored by the Council, to receive testimony on the proposed alternatives were held on March 27, 2017, in Westport, WA, and Coos Bay, OR; and on March 28, 2017, in Fort Bragg, CA. The States of Washington, Oregon, and California sponsored meetings in various fora that also collected public testimony, which was then presented to the Council by each state's Council representative. The Council also received public testimony at both the March and April meetings and received written comments at the Council office.

    The Council met from April 6 to 11, 2017, in Vancouver, WA, to adopt its final 2017 salmon management recommendations. Following the April Council meeting, the Council's STT and staff economist prepared a fourth report, “Preseason Report III Analysis of Council-Adopted Management Measures for 2017 Ocean Salmon Fisheries” (PRE III), which analyzes the environmental and socio-economic effects of the Council's final recommendations. After the Council took final action on the annual ocean salmon specifications in April, it transmitted the recommended management measures to NMFS, published them in its newsletter, and also posted them on the Council Web site (www.pcouncil.org).

    National Environmental Policy Act (NEPA)

    The environmental assessment (EA) for this action comprises the Council's documents described above (PRE I, PRE II, and PRE III), providing analysis of environmental and socioeconomic effects under NEPA. The EA and its related Finding of No Significant Impact (FONSI) are posted on the NMFS West Coast Region Web site (www.westcoast.fisheries.noaa.gov).

    Resource Status Stocks of Concern

    The FMP requires that the fisheries be shaped to meet escapement-based Annual Catch Limits (ACLs), Endangered Species Act (ESA) consultation requirements, obligations of the Pacific Salmon Treaty (PST) between the U.S. and Canada, and other conservation objectives detailed in the FMP. Because the ocean salmon fisheries are mixed-stock fisheries, this requires “weak stock” management to avoid exceeding limits for the stocks with the most constraining limits. Abundance forecasts for individual salmon stocks can vary significantly from one year to the next; therefore, the stocks that constrain the fishery in one year may differ from those that constrain the fishery in the next. For 2017, limits for three stocks are the most constraining on the fisheries; these are described below.

    Fisheries south of Cape Falcon, OR, are limited in 2017 primarily by the low abundance forecast of Klamath River fall Chinook salmon (KRFC) and concern for the status of ESA-listed Sacramento River winter Chinook salmon (SRWC). Fisheries north of Cape Falcon are limited primarily by the low abundance forecast for Queets coho. The limitations imposed in order to protect these stocks are described below. The alternatives and the Council's recommended management measures for 2017 were designed to avoid exceeding these limitations.

    Sacramento River winter Chinook salmon (SRWC): In 2010, NMFS consulted under ESA section 7 and provided guidance to the Council regarding the effects of Council area fisheries on SRWC, ESA-listed as endangered. NMFS completed a biological opinion that includes a reasonable and prudent alternative (RPA) to avoid jeopardizing the continued existence of this evolutionarily significant unit (ESU). The RPA included management-area-specific fishing season openings and closures, and minimum size limits for both commercial and recreational fisheries. It also directed NMFS to develop a second component to the RPA—an abundance-based management (ABM) framework. In 2012, NMFS implemented this ABM framework, which supplements the above management restrictions with maximum allowable impact rates that apply when abundance is low, based on the three-year geometric mean spawning escapement of SRWC. Using the methodology specified in the ABM framework, the age-3 impact rate on SRWC in 2017 fisheries south of Point Arena recommended by NMFS would be limited to a maximum of 15.8 percent. At the start of the preseason planning process for the 2017 management season, NMFS provided a letter to the Council, dated March 3, 2017, summarizing limits to impacts on ESA-listed species for 2017, based on existing biological opinions and 2017 abundance information, as required by the Salmon FMP. The letter stated the 15.8 percent maximum impact rate on SRWC.

    However, as in 2016, the Council expressed concern that the methodology used to recommend that impact rate is retrospective in nature and may not be responsive to the effects of recent environmental events on salmon survival and productivity, including the perilously high mortality rates of out-migrating SRWC smolts in recent years due to warm water conditions caused by drought in California. Estimates of juvenile SRWC passage at Red Bluff Diversion Dam on the Sacramento River indicate that, while 2016 brood year outmigration was slightly higher than the previous two brood years, juvenile abundance remains about one-third the 2007-2015 average. The Council has formed a workgroup to develop new scientific methodology to incorporate information about future SRWC abundance into fishery management; however, that new methodology is not yet available. For 2017, the Council recommended precautionary management measures including time and area restrictions based on data presented by the California Department of Fish and Wildlife (CDFW) regarding SRWC encounters in the fishery resulting in an impact rate for SRWC of 12.2 percent. Conservation measures for SRWC will constrain 2017 salmon fisheries south of Point Arena, California.

    Klamath River fall Chinook salmon (KRFC): KRFC is not an ESA-listed stock; however, forecast abundance for this stock in 2017 is historically low, only 30 percent of the 2016 forecast. KRFC currently meets the FMP's status determination criteria (SDC) for approaching an overfished condition based on escapements in 2015 and 2016, coupled with the projected escapement in 2017. The FMP defines “overfished” status in terms of a three-year geometric mean escapement level and whether it is above the minimum stock sized threshold (MSST). Based on preliminary information, it is possible that KRFC will be determined to have a three-year geometric mean escapement level below MSST once post-season escapement estimates are available, and meet the definition of “overfished” in 2018, but, given the minimal impacts of Council-area fisheries on KRFC, this is the case whether or not there are any fishery impacts.

    The FMP's harvest control rule for this stock allows for minimal levels of impact at very low abundance levels. Given the forecast abundance of KRFC for 2017, the control rule limits impacts on the stock to 8.1 percent. Fisheries south of Cape Falcon and north of Point Sur will be constrained by this limit. The FMP specifies a set of circumstances that the Council should consider in applying the control rule at very low abundance levels: Critically low spawner abundance that may affect crucial genetic thresholds of substocks, spawner abundance in recent years, status of co-mingled stocks, marine and freshwater environmental conditions, needs for tribal fisheries, whether the stock is currently in an approaching overfished condition, and whether the stock is currently overfished. The Council and its advisors discussed these circumstances. The risk for substocks to fall below crucial genetic thresholds in 2017 was expected to be substantial (greater than 80 percent) under either a no-fishing scenario or fishing at levels specified by the control rule level. In 2016, KRFC spawner escapement was well below both the level for maximum sustained yield (SMSY) and minimum stock size threshold (MSST) specified in the FMP. Regarding the status of co-mingled stocks, the STT reported that the primary stocks that comingle with KRFC have relatively low forecast abundance for 2017. The Yurok and Hoopa Valley Tribes have reserved fishing rights and are dependent on salmon for their subsistence and culture. NMFS' Northwest and Southwest Fisheries Science Centers presented information indicating that the broods that will contribute to 2017 harvest and escapement encountered poor ocean conditions in the California Current Ecosystem. As stated above, KRFC currently meet the FMP SDC criteria for approaching an overfished condition; although NMFS has not yet made a determination. Finally, KRFC are not currently overfished. After consideration of these circumstances, the Council adopted the 8.1 percent impact rate, consistent with the KRFC control rule. The Council developed management measures that utilize time and area closures to minimize fishery impacts on KRFC: The Klamath Management Zone (KMZ), Humbug Mountain, OR south to Humboldt South Jetty, CA, will be closed for the entire year to both commercial and recreational fishing and the area from Florence South Jetty, OR south to Humbug Mountain will be closed to commercial fishing to provide an additional buffer; in California, there will be very little fishing opportunity in the Fort Bragg management area, specifically avoiding times when KRFC impacts are known to be high in that area; and, finally, CDFW will recommend to the California Fish and Game Commission that fall Chinook fishing in the Klamath River be closed in 2017. The combination of the KRFC and SRWC control rules will constrain fisheries severely in California in 2017.

    Queets coho: Queets coho are not ESA-listed. However, the 2017 abundance forecast for this stock is very low; 6,548 fish compared to a 2009-2016 average of 18,700 fish. The FMP's conservation objective for Queets coho is a spawning escapement of 5,800 fish. Although the Council's recommended management measures would allow for an ocean escapement of 5,800 Queets coho, the conservation objective in the FMP is for a spawning escapement that accounts for in-river fishery impacts. The FMP provides flexibility in setting the annual spawning escapement for several Washington coho stocks, including Queets coho, provided there is agreement between the Washington Department of Fish and Wildlife (WDFW) and the treaty tribes, consistent with court orders in U.S. v Washington. Therefore, based on agreement between those parties and discussion on the Council floor that the reduced spawning escapement is unlikely to jeopardize the capacity of the fishery to produce maximum sustainable yield on a continuing basis, the Council adopted a 2017 spawning escapement target of 5,130 Queets coho to allow for limited harvest opportunity in ocean and in-river fisheries directed at other higher-abundance stocks. Additionally, under the criteria of the PST's Southern Coho Management Plan, Queets coho abundance is in the “low” category in 2017 and subject to a total exploitation rate of 20 percent. The state and treaty tribal co-managers relied on a provision in the PST to request that the Southern Panel of the Pacific Salmon Commission agree to permit a 22 percent exploitation rate on Queets coho in 2017 to allow the U.S. to meet fishery management objectives [(Pacific Salmon Treaty, Article XV, Annex IV, Chapter 5, paragraph 11(c)]. The Southern Panel did agree to this request. Managing for impacts to Queets coho will constrain salmon fisheries north of Cape Falcon, Oregon.

    Annual Catch Limits and Status Determination Criteria

    Annual Catch Limits (ACLs) are set for two Chinook salmon stocks, Sacramento River fall Chinook (SRFC) and KRFC, and one coho stock, Willapa Bay natural coho. The Chinook salmon stocks are indicator stocks for the Central Valley Fall Chinook complex and the Southern Oregon/Northern California Chinook complex, respectively. The Far North Migrating Coastal Chinook complex includes a group of Chinook salmon stocks that are caught primarily in fisheries north of Cape Falcon, Oregon, and other fisheries that occur north of the U.S./Canada border. No ACL is set for these stocks because they are managed according to the PST with Canada. Other Chinook salmon stocks caught in fisheries north of Cape Falcon are ESA-listed or hatchery produced, and are managed consistent with ESA consultations or hatchery goals. Willapa Bay natural coho is the only coho stock for which an ACL is set, as the other coho stocks in the FMP are either ESA-listed, hatchery produced, or managed under the PST.

    ACLs for salmon stocks are escapement-based, which means they establish a number of adults that must escape the fisheries to return to the spawning grounds. ACLs are set based on the annual abundance projection and a fishing rate reduced to account for scientific uncertainty. For SRFC in 2017, the overfishing limit (OFL) is SOFL = 230,700 (projected abundance) multiplied by 1 − FMSY (1 − 0.78) or 50,754 returning spawners (FMSY is the fishing mortality rate that would result in maximum sustainable yield − MSY). SABC is 230,700 multiplied by 1 − FABC (1 − 0.70) (FMSY reduced for scientific uncertainty = 0.70) or 69,210. The SACL is set equal to SABC, i.e, 69,210 spawners. The adopted management measures provide for an expected SRFC spawning escapement of 133,200. For KRFC in 2017, SOFL is 12,383 (abundance projection) multiplied by 1 − FMSY (1 − 0.71), or 3,591 returning spawners. SABC is 12,383 multiplied by 1 − FABC (1 − 0.68) (FMSY reduced for scientific uncertainty = 0.68) or 3,963 returning spawners. SACL is set equal to SABC, i.e., 3,963 spawners. The adopted management measures provide for an expected KRFC spawning escapement of 11,379. For Willapa Bay natural coho in 2017, the overfishing limit (OFL) is SOFL = 36,720 (projected abundance) multiplied by 1 − FMSY (1 − 0.74) or 9,547 returning spawners. SABC is 36,720 multiplied by 1 − FABC (1 − 0.70) (FMSY reduced for scientific uncertainty = 0.70) or 11,016. SACL is set equal to SABC, i.e., 11,016 spawners. The adopted management measures provide for an expected Willapa Bay natural coho ocean escapement of 34,400.

    As explained in more detail above under “Stocks of Concern,” fisheries north and south of Cape Falcon, are constrained by impact limits necessary to protect ESA-listed salmon stocks including SRWC and KRFC and Queets coho which are not ESA-listed. For 2017, projected abundance of the three stocks with ACLs (SRFC, KRFC, and Willapa Bay natural coho), in combination with the constraints for ESA-listed and non-ESA-listed stocks, are expected to result in escapements greater than required to meet the ACLs for all three stocks with defined ACLs.

    Emergency Rule

    The Council's final recommendation for the ocean salmon fishing seasons that commence May 1, 2017, deviates from the FMP specifically with regard to the FMP's allocation schedule for coho harvest in the area north of Cape Falcon, between commercial and recreational fisheries. The total allowable catch (TAC) of coho in non-treaty commercial and recreational fisheries north of Cape Falcon is 47,600 marked coho in 2017. At that TAC level, the FMP allocates 25 percent (16 percent marked coho equivalent) of coho to the commercial fishery and 75 percent (84 percent marked coho equivalent) of coho to the recreational fishery. To limit fishery impacts on coho consistent with the adopted spawning escapement and exploitation rates described above, the Council recommended the following allocations of marked coho TAC: 12 percent commercial and 88 percent recreational. Recreational fisheries are more dependent on coho, while commercial fisheries are more dependent on Chinook salmon. Additionally, in mark-selective fisheries, recreational fisheries have a lower impact rate due to lower hooking mortality. This deviation from the FMP allocation schedule should provide fishing opportunity on abundant stocks while limiting fishery impacts on Queets coho.

    The Council considered three alternative fishery management schemes for the fisheries north of Cape Falcon; two of the three alternatives were inconsistent with the FMP coho allocation schedule. Alternative I would have limited the commercial fishery to nine percent of the north of Falcon coho TAC, inconsistent with the FMP allocation schedule between commercial and recreational fisheries; Alternative II would have been consistent with the FMP coho allocation schedule; and Alternative III would have prohibited coho retention in the non-treaty commercial fishery north of Cape Falcon and would have restricted coho retention in the recreational fishery to the area south of Leadbetter Point, WA, this would be inconsistent with the FMP allocation schedule between commercial and recreational fisheries and among recreational fishery subareas. The Council's state and tribal representatives, and industry advisory committee, supported consideration of these three alternatives. The Council's final recommended management measures fall between the second and third alternatives in terms of impacts to coho. These management measures reflect agreement between the State of Washington and coastal treaty tribes on spawning escapement and exploitation rate goals on Queets coho for combined ocean fisheries and fisheries landward of the EEZ; the projected impacts of the combined fisheries are managed such that Queets coho meets these escapement and exploitation rate goals. The Council voted unanimously to adopt these measures, and members spoke about the need to conserve Queets coho while providing harvest opportunity on abundant stocks to provide economic benefit to fishery dependent communities.

    The proposed fisheries have minimal impacts on Queets coho and are not expected to jeopardize the capacity of the fishery to produce maximum sustainable yield on a continuing basis. The FMP defines overfishing and overfished status for this stock. Queets would not be subject to overfishing under the proposed management measures, in fact the overfishing limits in the FMP are much higher than the expected impact rates (65 percent MFMT compared to a 22 percent projected impact rate). Queets coho currently meet the FMP's SDC for approaching an overfished condition based on escapements in 2014 and 2015, coupled with the projected escapement in 2017. Escapements in 2016 are not available but are reported to have been much higher than anticipated during the 2016 preseason process. Based on preliminary information, it is possible that Queets coho will have a three-year geometric mean escapement level below MSST, and meet the definition of “overfished” in 2018, but, given the minimal impacts of Council-area fisheries on Queets coho, this is the case whether or not there are any fishery impacts. The marginal decreases in the abundance of Queets coho expected from the proposed fisheries (approximately 267 fish out of the forecasted abundance of 6,548 fish may be taken by the proposed fisheries) are not expected to affect the ability of the fisheries to produce MSY on a continuing basis.

    The temporary rule for emergency action implements the 2017 annual management measures for the West Coast ocean salmon fisheries for the area from the U.S./Canada border to Cape Falcon, OR, for 180 days, from May 1, 2017, through October 28, 2017 (16 U.S.C. 1855(c)).

    Public Comments

    The Council invited written comments on developing 2017 salmon management measures in their notice announcing public meetings and hearings (81 FR 95568, December 28, 2016). At its March meeting, the Council adopted three alternatives for 2017 salmon management measures having a range of quotas, season structure, and impacts, from the least restrictive in Alternative I to the most restrictive in Alternative III. These alternatives are described in detail in PRE II. Subsequently, comments were taken at three public hearings held in March, staffed by representatives of the Council and NMFS. The Council received several written comments directly. The three public hearings were attended by a total of 154 people; 34 people provided oral comments. Comments came from individual fishers, fishing associations, fish buyers, and processors. Written and oral comments addressed the 2017 management alternatives described in PRE II, and generally expressed preferences for a specific alternative or for particular season structures. All comments were included in the Council's briefing book for their April 2017 meeting and were considered by the Council, which includes a representative from NMFS, in developing the recommended management measures transmitted to NMFS on April 20, 2017. In addition to comments collected at the public hearings and those submitted directly to the Council, a few people provided oral comments at the April 2017 Council meeting. NMFS also invited comments to be submitted directly to the Council or to NMFS, via the Federal Rulemaking Portal (www.regulations.gov) in a notice (82 FR 4859, January 17, 2017). No comments were submitted via www.regulations.gov.

    Comments on alternatives for fisheries north of Cape Falcon. For fisheries north of Cape Falcon, Alternative I was favored by most commercial and recreational fishery commenters at the public hearing in Westport, WA. A variety of modifications to the alternatives were presented, most designed to maximize fishing opportunity in both commercial and recreational fisheries.

    Comments on alternatives for fisheries south of Cape Falcon. Comments supporting a particular alternative south of Cape Falcon varied with geographic location of the meeting or commenter. Those attending the meeting in Coos Bay, OR, largely favored Alternative I for both commercial and recreational fisheries, while those attending the meeting in Fort Bragg, CA, expressed overwhelming support for Alternative III. The Council received a large number of emailed comments from members of a recreational fishing club in California who favored Alternative I. Comments included concern for Klamath and Sacramento River salmon and various environmental and management concerns that affect them.

    Comments on incidental halibut retention in the commercial salmon fisheries. At its March meeting, the Council identified three alternatives for landing limits for incidentally caught halibut that are retained in the salmon troll fishery. There were a few comments received on halibut and these focused on the ability to access the full halibut allocation (severely constrained salmon fisheries in 2016 resulted in the commercial fleet being unable to access all of the incidental halibut allocation available).

    Comments from treaty tribe representatives. At its March and April meetings, the Council heard testimony from members of several treaty tribes; additional comments were submitted in writing. There was strong concern about environmental conditions in the Klamath River that are deleterious to salmon survival, including promoting increased rates of infection by the parasite Ceratonova shasta. Comments were made on the need for sufficient spawning escapement in the Columbia River Basin and in support of successful artificial propagation and reintroduction efforts implemented there by the tribes. Comments were made on the reserved treaty rights of tribes to fish and frustration with insufficient salmon for tribal needs. Finally, there were written comments expressing concern over the low abundance of coho salmon in Puget Sound rivers and stressing the need to limit fisheries to provide spawning escapement.

    The Council, including the NMFS representative, took all of these comments into consideration. The Council's final recommendation generally includes aspects of all three alternatives, while taking into account the best available scientific information and ensuring that fisheries are consistent with ESA consultation standards, ACLs, PST obligations, and tribal fishing rights. These management tools assist the Council in meeting impact limits on weak stocks. The Council adopted alternative III for incidental halibut retention, this alternative provides for more liberal landing limits for halibut than were adopted for 2016 salmon fisheries and April 2017 salmon fisheries (81 FR 26157, May 2, 2016).

    Management Measures for 2017 Fisheries

    The Council's recommended ocean harvest levels and management measures for the 2017 fisheries are designed to apportion the burden of protecting the weak stocks identified and discussed in PRE I equitably among ocean fisheries and to allow maximum harvest of natural and hatchery runs surplus to inside fishery and spawning needs. NMFS finds the Council's recommendations to be responsive to the goals of the FMP, the requirements of the resource, and the socioeconomic factors affecting resource users. The recommendations are consistent with the requirements of the MSA, U.S. obligations to Indian tribes with federally recognized fishing rights, and U.S. international obligations regarding Pacific salmon. The Council's recommended management measures also comply with NMFS ESA consultation standards and guidance, for those ESA-listed salmon species that may be affected by Council fisheries. Accordingly, NMFS, through this final rule and temporary rule, approves and implements the Council's recommendations.

    North of Cape Falcon, 2017 management measures for non-Indian commercial troll and recreational fisheries have increased quotas for Chinook and coho salmon compared to 2016, when historically low abundance for several coho stocks severely constrained fisheries. North of Cape Falcon in 2017, commercial and recreational fisheries will have access to coho salmon in all management areas. Chinook harvest north of Cape Falcon will be moderately improved over the 2016 level for both commercial and recreational fisheries.

    Quotas for the 2017 treaty-Indian commercial troll fishery North of Cape Falcon 2017 are 40,000 Chinook salmon and 12,500 coho in ocean management areas and Washington State Statistical Area 4B combined. These quotas are unchanged for Chinook from 2016 and allow coho retention which was not available in 2016. The treaty-Indian fishery commercial fisheries include a May and June fishery and a July and August fishery, with a quota of 20,000 Chinook in each fishery and 12,500 coho in the July and August fishery. Although the fishing opportunity North of Cape Falcon is better than in 2016, fisheries are reduced significantly compared to those implemented over the last ten years.

    Recreational fisheries south of Cape Falcon will be directed primarily at Chinook salmon and are shaped to minimize impacts to KRFC, with opportunity for coho salmon limited to the area between Cape Falcon and Humbug Mountain, OR. Commercial fisheries south of Cape Falcon will be directed at Chinook in the areas north of the Florence South Jetty in Oregon and south of Horse Mountain in California and have no coho retention.

    Management Measures for 2018 Fisheries

    The timing of the March and April Council meetings makes it impracticable for the Council to recommend fishing seasons that begin before May 1 of the same year. Therefore, this action also establishes the 2018 fishing seasons that open earlier than May 1. The Council recommended, and NMFS concurs, that the commercial season off Oregon from Cape Falcon to the Oregon/California border, the commercial season off California from Horse Mountain to Point Arena, the recreational season off Oregon from Cape Falcon to Humbug Mountain, and the recreational season off California from Horse Mountain to the U.S./Mexico border will open in 2018 as indicated in the “Season Description” section of this document. At the March 2018 meeting, the Council may consider inseason recommendations to adjust the commercial and recreational seasons prior to May 1 in the areas off Oregon and California.

    The following sections set out the management regime for the ocean salmon fishery. Open seasons and days are described in Sections 1, 2, and 3 of the 2017 management measures. Inseason closures in the commercial and recreational fisheries are announced on the NMFS hotline and through the U.S. Coast Guard (USCG) Notice to Mariners as described in Section 6. Other inseason adjustments to management measures are also announced on the hotline and through the Notice to Mariners. Inseason actions will also be published in the Federal Register as soon as practicable.

    The following are the management measures recommended by the Council and approved and implemented here for 2017 and, as specified, for 2018.

    Section 1. Commercial Management Measures for 2017 Ocean Salmon Fisheries

    Parts A, B, and C of this section contain restrictions that must be followed for lawful participation in the fishery. Part A identifies each fishing area and provides the geographic boundaries from north to south, the open seasons for the area, the salmon species allowed to be caught during the seasons, and any other special restrictions effective in the area. Part B specifies minimum size limits. Part C specifies special requirements, definitions, restrictions, and exceptions.

    A. Season Description North of Cape Falcon, OR —U.S./Canada border to Cape Falcon

    May 1 through the earlier of June 30 or 27,000 Chinook, no more than 8,900 of which may be caught in the area between the U.S./Canada border and the Queets River and no more than 9,000 of which may be caught in the area between Leadbetter Point and Cape Falcon (C.8). In the area between the U.S./Canada border and the Queets River, a landing and possession limit of 60 Chinook per vessel per calendar week (Monday through Sunday) will be in place. Seven days per week (C.1). All salmon except coho (C.4, C.7). Chinook minimum size limit of 28 inches total length (B). Vessels in possession of salmon north of the Queets River may not cross the Queets River line (see Section 5. Geographical Landmarks) without first notifying WDFW at 360-249-1215 with area fished, total Chinook and halibut catch aboard, and destination. Vessels in possession of salmon south of the Queets River may not cross the Queets River line (see Section 5. Geographical Landmarks) without first notifying WDFW at 360-249-1215 with area fished, total Chinook and halibut catch aboard, and destination. When it is projected that approximately 75 percent of the overall Chinook guideline has been landed, or approximately 75 percent of the Chinook subarea guideline has been landed in the area between the U.S./Canada border and the Queets River, or approximately 75 percent of the Chinook subarea guideline has been landed in the area between Leadbetter Point and Cape Falcon, inseason action will be considered to ensure the guideline is not exceeded. See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

    July 1-4, July 7-September 19 or 18,000 Chinook or 5,600 coho, whichever comes first; no more than 7,200 Chinook may be caught in the area between the U.S./Canada border and the Queets River (C.8). Open five days per week, Friday through Tuesday. In the area between the U.S./Canada border and the Queets River, a landing and possession limit of 60 Chinook and 10 coho per vessel per open period will be in place (C.1, C.6). In the area from the Queets River to Cape Falcon, a landing and possession limit of 75 Chinook and 10 coho per vessel per open period will be in place (C.1, C.6). Chinook minimum size limit of 28 inches total length. Coho minimum size limit of 16 inches total length (B, C.1). All coho must be marked with a healed adipose fin clip (C.8.c). No chum retention north of Cape Alava, WA in August and September (C.4, C.7). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3). Vessels in possession of salmon north of the Queets River may not cross the Queets River line (see Section 5. Geographical Landmarks) without first notifying WDFW at 360-249-1215 with area fished, total Chinook and halibut catch aboard, and destination. Vessels in possession of salmon south of the Queets River may not cross the Queets River line (see Section 5. Geographical Landmarks) without first notifying WDFW at 360-249-1215 with area fished, total Chinook and halibut catch aboard, and destination. When it is projected that approximately 75 percent of the overall Chinook guideline has been landed, or approximately 75 percent of the Chinook subarea guideline has been landed in the area between the U.S./Canada border to the Queets River, inseason action will be considered to ensure the guideline is not exceeded.

    For all commercial troll fisheries north of Cape Falcon, mandatory closed areas include: Salmon Troll Yelloweye Rockfish Conservation Area, Cape Flattery and Columbia Control Zones, and, beginning August 14, Grays Harbor Control Zone closed (C.5). Vessels must land and deliver their fish within 24 hours of any closure of this fishery. Vessels fishing or in possession of salmon while fishing north of Leadbetter Point must land and deliver their fish within the area and north of Leadbetter Point. Vessels fishing or in possession of salmon while fishing south of Leadbetter Point must land and deliver their fish within the area and south of Leadbetter Point, except that Oregon permitted vessels may also land their fish in Garibaldi, OR. Under state law, vessels must report their catch on a state fish receiving ticket. Oregon State regulations require all fishers landing salmon into Oregon from any fishery between Leadbetter Point, WA, and Cape Falcon, OR, must notify Oregon Department of Fish and Wildlife (ODFW) within one hour of delivery or prior to transport away from the port of landing by either calling 541-867-0300 ext. 271 or sending notification via email to [email protected] Notification shall include vessel name and number, number of salmon by species, port of landing and location of delivery, and estimated time of delivery. Inseason actions may modify harvest guidelines in later fisheries to achieve or prevent exceeding the overall allowable troll harvest impacts (C.8).

    South of Cape Falcon, OR —Cape Falcon to Florence South Jetty

    April 15-May 31;

    June 7-12, June 15-30, July 8-31;

    September 1-30, October 1-31 (C.9.a).

    Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 28 inches total length (B, C.1). All vessels fishing in the area must land their fish in the state of Oregon. See gear restrictions and definitions (C.2, C.3) and Oregon State regulations for a description of special regulations at the mouth of Tillamook Bay. Beginning September 1, no more than 45 Chinook per vessel per landing week (Thursday through Wednesday), and only open shoreward of the 40 fathom regulatory line (C.5.f).

    In 2018, the season will open March 15 for all salmon except coho. Chinook minimum size limit of 28 inches total length (B, C.1). Gear restrictions same as in 2017 (C.2, C.3, C.4, C.6, C.7, C.8). This opening could be modified following Council review at its March 2018 meeting.

    —Florence South Jetty to Humbug Mountain

    Closed (C.9.a).

    In 2018, the season will open March 15 for all salmon except coho. Chinook minimum size limit of 28 inches total length (B, C.1). Gear restrictions same as in 2017 (C.2, C.3, C.4, C.6, C.7, C.8). This opening could be modified following Council review at its March 2018 meeting.

    —Humbug Mountain to Oregon/California border (Oregon Klamath Management Zone (KMZ))

    Closed (C.9.a).

    In 2018, the season will open March 15 for all salmon except coho. Chinook minimum size limit of 28 inches total length (B, C.1). Gear restrictions same as in 2017 (C.2, C.3, C.4, C.6, C.7, C.8). This opening could be modified following Council review at its March 2018 meeting.

    —Oregon/California border to Humboldt South Jetty (California KMZ)

    Closed (C.9.a).

    —Humboldt South Jetty to Horse Mt.

    Closed.

    When the fishery is closed between the Oregon/California border and Humbug Mountain and open to the south, vessels with fish on board caught in the open area off California may seek temporary mooring in Brookings, OR prior to landing in California only if such vessels first notify the Chetco River Coast Guard Station via VHF channel 22A between the hours of 0500 and 2200 and provide the vessel name, number of fish on board, and estimated time of arrival (C.6).

    —Horse Mt. to Point Arena (Fort Bragg)

    September 1 through the earlier of September 30, or a 3,000 Chinook quota (C.9.b).

    Five days per week, Friday through Tuesday. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length (B, C.1). Landing and possession limit of 60 Chinook per vessel per open period (C.8.e). All fish caught in this area must be landed between the Oregon/California border and Point Arena (C.6). All fish must be offloaded within 24 hours of any closure of the fishery and prior to fishing outside the area (C.1). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

    In 2018, the season will open April 16-30 for all salmon except coho, with a 27-inch Chinook minimum size limit and the same gear restrictions as in 2017. All fish caught in the area must be landed in the area. This opening could be modified following Council review at its March 2018 meeting.

    —Point Arena to Pigeon Point (San Francisco)

    August 1-29;

    September 1-30 (C.9.b).

    Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length prior to September 1, 26 inches thereafter (B, C.1). All fish must be landed in California. All salmon caught in California prior to September 1 must be landed and offloaded no later than 11:59 p.m., August 30 (C.6). In September, all fish must be landed south of Point Arena until the quota in the Fort Bragg fishery is met and the fishery has closed for 24 hours (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

    • Point Reyes to Point San Pedro (Fall Area Target Zone)

    October 2-6 and 9-13.

    Five days per week, Monday through Friday. All salmon except coho (C.4, C.7). Chinook minimum size limit of 26 inches total length (B, C.1). All fish caught in this area must be landed between Point Arena and Pigeon Point (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

    —Pigeon Point to U.S./Mexico border (Monterey)

    May 1-31;

    June 1-30 (C.9.b).

    Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length (B, C.1). All fish must be landed in California. All salmon caught in California prior to September 1 must be landed and offloaded no later than 11:59 p.m., August 30 (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

    California State regulations require all salmon be made available to a CDFW representative for sampling immediately at port of landing. Any person in possession of a salmon with a missing adipose fin, upon request by an authorized agent or employee of the CDFW, shall immediately relinquish the head of the salmon to the state (California Fish and Game Code § 8226).

    B. Minimum Size (Inches) (See C.1) Area
  • (when open)
  • Chinook Total length Head-off Coho Total length Head-off Pink
    North of Cape Falcon, OR 28.0 21.5 16 12 None. Cape Falcon to Humbug Mountain 28.0 21.5 None. Humbug Mountain to OR/CA border OR/CA border to Humboldt South Jetty Horse Mountain to Point Arena 27.0 20.5 None. Point Arena to Pigeon Point: Prior to September 1 27.0 20.5 None. September 1 and thereafter 26.0 19.5 None. Pigeon Point to U.S./Mexico border 27.0 20.5 None. Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 19.5 in = 49.5 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
    C. Requirements, Definitions, Restrictions, or Exceptions C.1. Compliance With Minimum Size or Other Special Restrictions

    All salmon on board a vessel must meet the minimum size, landing/possession limit, or other special requirements for the area being fished and the area in which they are landed if the area is open or has been closed less than 48 hours for that species of salmon. Salmon may be landed in an area that has been closed for a species of salmon more than 48 hours only if they meet the minimum size, landing/possession limit, or other special requirements for the area in which they were caught. Salmon may not be filleted prior to landing.

    Any person who is required to report a salmon landing by applicable state law must include on the state landing receipt for that landing both the number and weight of salmon landed by species. States may require fish landing/receiving tickets be kept on board the vessel for 90 days or more after landing to account for all previous salmon landings.

    C.2. Gear Restrictions

    a. Salmon may be taken only by hook and line using single point, single shank, barbless hooks.

    b. Cape Falcon, Oregon, to the Oregon/California border: No more than 4 spreads are allowed per line.

    c. Oregon/California border to U.S./Mexico border: No more than 6 lines are allowed per vessel, and barbless circle hooks are required when fishing with bait by any means other than trolling.

    C.3. Gear Definitions

    Trolling defined: Fishing from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions.

    Troll fishing gear defined: One or more lines that drag hooks behind a moving fishing vessel. In that portion of the fishery management area off Oregon and Washington, the line or lines must be affixed to the vessel and must not be intentionally disengaged from the vessel at any time during the fishing operation.

    Spread defined: A single leader connected to an individual lure and/or bait.

    Circle hook defined: A hook with a generally circular shape and a point which turns inward, pointing directly to the shank at a 90° angle.

    C.4. Vessel Operation in Closed Areas With Salmon on Board

    a. Except as provided under C.4.b below, it is unlawful for a vessel to have troll or recreational gear in the water while in any area closed to fishing for a certain species of salmon, while possessing that species of salmon; however, fishing for species other than salmon is not prohibited if the area is open for such species, and no salmon are in possession.

    b. When Genetic Stock Identification (GSI) samples will be collected in an area closed to commercial salmon fishing, the scientific research permit holder shall notify NOAA Office of Law Enforcement, USCG, CDFW, WDFW, and Oregon State Police at least 24 hours prior to sampling and provide the following information: The vessel name, date, location and time collection activities will be done. Any vessel collecting GSI samples in a closed area shall not possess any salmon other than those from which GSI samples are being collected. Salmon caught for collection of GSI samples must be immediately released in good condition after collection of samples.

    C.5. Control Zone Definitions

    a. Cape Flattery Control Zone—The area from Cape Flattery (48°23′00″ N. lat.) to the northern boundary of the U.S. EEZ; and the area from Cape Flattery south to Cape Alava (48°10′00″ N. lat.) and east of 125°05′00″ W. long.

    b. Salmon Troll Yelloweye Rockfish Conservation Area (50 CFR 660.70(c))—The area in Washington Marine Catch Area 3 from 48°00.00′ N. lat.; 125°14.00′ W. long. to 48°02.00′ N. lat.; 125°14.00′ W. long. to 48°02.00′ N. lat.; 125°16.50′ W. long. to 48°00.00′ N. lat.; 125°16.50′ W. long. and connecting back to 48°00.00′ N. lat.; 125°14.00′ W. long.

    c. Grays Harbor Control Zone—The area defined by a line drawn from the Westport Lighthouse (46° 53′18″ N. lat., 124°07′01″ W. long.) to Buoy #2 (46°52′42″ N. lat., 124°12′42″ W. long.) to Buoy #3 (46°55′00″ N. lat., 124°14′48″ W. long.) to the Grays Harbor north jetty (46°55′36″ N. lat., 124°10′51″ W. long.).

    d. Columbia Control Zone—An area at the Columbia River mouth, bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (46°13′35″ N. lat., 124°06′50″ W. long.) and the green lighted Buoy #7 (46°15′09″ N. lat., 124°06′16″ W. long.); on the east, by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14′00″ N. lat., 124°03′07″ W. long. to its intersection with the north jetty; on the north, by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (46°15′48″ N. lat., 124°05′20″ W. long.), and then along the north jetty to the point of intersection with the Buoy #10 line; and, on the south, by a line running northeast/southwest between the red lighted Buoy #4 and tip of the south jetty (46°14′03″ N. lat., 124°04′05″ W. long.), and then along the south jetty to the point of intersection with the Buoy #10 line.

    e. Klamath Control Zone—The ocean area at the Klamath River mouth bounded on the north by 41°38′48″ N. lat. (approximately 6 nautical miles north of the Klamath River mouth); on the west by 124°23′00″ W. long. (approximately 12 nautical miles off shore); and on the south by 41°26′48″ N. lat. (approximately 6 nautical miles south of the Klamath River mouth).

    f. Waypoints for the 40 fathom regulatory line from Cape Falcon to Humbug Mountain (50 CFR 660.71(k)).

    (12) 45°46.00′ N. lat., 124°04.49′ W. long.; (13) 45°44.34′ N. lat., 124°05.09′ W. long.; (14) 45°40.64′ N. lat., 124°04.90′ W. long.; (15) 45°33.00′ N. lat., 124°04.46′ W. long.; (16) 45°32.27′ N. lat., 124°04.74′ W. long.; (17) 45°29.26′ N. lat., 124°04.22′ W. long.; (18) 45°20.25′ N. lat., 124°04.67′ W. long.; (19) 45°19.99′ N. lat., 124°04.62′ W. long.; (20) 45°17.50′ N. lat., 124°04.91′ W. long.; (21) 45°11.29′ N. lat., 124°05.20′ W. long.; (22) 45°05.80′ N. lat., 124°05.40′ W. long.; (23) 45°05.08′ N. lat., 124°05.93′ W. long.; (24) 45°03.83′ N. lat., 124°06.47′ W. long.; (25) 45°01.70′ N. lat., 124°06.53′ W. long.; (26) 44°58.75′ N. lat., 124°07.14′ W. long.; (27) 44°51.28′ N. lat., 124°10.21′ W. long.; (28) 44°49.49′ N. lat., 124°10.90′ W. long.; (29) 44°44.96′ N. lat., 124°14.39′ W. long.; (30) 44°43.44′ N. lat., 124°14.78′ W. long.; (31) 44°42.26′ N. lat., 124°13.81′ W. long.; (32) 44°41.68′ N. lat., 124°15.38′ W. long.; (33) 44°34.87′ N. lat., 124°15.80′ W. long.; (34) 44°33.74′ N. lat., 124°14.44′ W. long.; (35) 44°27.66′ N. lat., 124°16.99′ W. long.; (36) 44°19.13′ N. lat., 124°19.22′ W. long.; (37) 44°15.35′ N. lat., 124°17.38′ W. long.; (38) 44°14.38′ N. lat., 124°17.78′ W. long.; (39) 44°12.80′ N. lat., 124°17.18′ W. long.; (40) 44°09.23′ N. lat., 124°15.96′ W. long.; (41) 44°08.38′ N. lat., 124°16.79′ W. long.; (42) 44°08.30′ N. lat., 124°16.75′ W. long.; (43) 44°01.18′ N. lat., 124°15.42′ W. long.; (44) 43°51.61′ N. lat., 124°14.68′ W. long.; (45) 43°42.66′ N. lat., 124°15.46′ W. long.; (46) 43°40.49′ N. lat., 124°15.74′ W. long.; (47) 43°38.77′ N. lat., 124°15.64′ W. long.; (48) 43°34.52′ N. lat., 124°16.73′ W. long.; (49) 43°28.82′ N. lat., 124°19.52′ W. long.; (50) 43°23.91′ N. lat., 124°24.28′ W. long.; (51) 43°20.83′ N. lat., 124°26.63′ W. long.; (52) 43°17.96′ N. lat., 124°28.81′ W. long.; (53) 43°16.75′ N. lat., 124°28.42′ W. long.; (54) 43°13.97′ N. lat., 124°31.99′ W. long.; (55) 43°13.72′ N. lat., 124°33.25′ W. long.; (56) 43°12.26′ N. lat., 124°34.16′ W. long.; (57) 43°10.96′ N. lat., 124°32.33′ W. long.; (58) 43°05.65′ N. lat., 124°31.52′ W. long.; (59) 42°59.66′ N. lat., 124°32.58′ W. long.; (60) 42°54.97′ N. lat., 124°36.99′ W. long.; (61) 42°53.81′ N. lat., 124°38.57′ W. long.; (62) 42°50.00′ N. lat., 124°39.68′ W. long.; (63) 42°49.13′ N. lat., 124°39.70′ W. long.; (64) 42°46.47′ N. lat., 124°38.89′ W. long.; (65) 42°45.74′ N. lat., 124°38.86′ W. long.; (66) 42°44.79′ N. lat., 124°37.96′ W. long.; (67) 42°45.01′ N. lat., 124°36.39′ W. long.; (68) 42°44.14′ N. lat., 124°35.17′ W. long.; (69) 42°42.14′ N. lat., 124°32.82′ W. long.; (70) 42°40.50′ N. lat., 124°31.98′ W. long. C.6. Notification When Unsafe Conditions Prevent Compliance With Regulations

    If prevented by unsafe weather conditions or mechanical problems from meeting special management area landing restrictions, vessels must notify the U.S. Coast Guard and receive acknowledgment of such notification prior to leaving the area. This notification shall include the name of the vessel, port where delivery will be made, approximate amount of salmon (by species) on board, the estimated time of arrival, and the specific reason the vessel is not able to meet special management area landing restrictions.

    In addition to contacting the U.S. Coast Guard, vessels fishing south of the Oregon/California border must notify CDFW within one hour of leaving the management area by calling 800-889-8346 and providing the same information as reported to the U.S. Coast Guard. All salmon must be offloaded within 24 hours of reaching port.

    C.7. Incidental Halibut Harvest

    During authorized periods, the operator of a vessel that has been issued an incidental halibut harvest license by the International Pacific Halibut Commission (IPHC) may retain Pacific halibut caught incidentally in Area 2A while trolling for salmon. Halibut retained must be no less than 32 inches in total length, measured from the tip of the lower jaw with the mouth closed to the extreme end of the middle of the tail, and must be landed with the head on. When halibut are caught and landed incidental to commercial salmon fishing by an IPHC license holder, any person who is required to report the salmon landing by applicable state law must include on the state landing receipt for that landing both the number of halibut landed, and the total dressed, head-on weight of halibut landed, in pounds, as well as the number and species of salmon landed.

    License applications for incidental harvest must be obtained from the IPHC (phone: 206-634-1838). Applicants must apply prior to mid-March 2018 for 2018 permits (exact date to be set by the IPHC in early 2018). Incidental harvest is authorized only during April, May, and June of the 2017 troll seasons and after June 30 in 2017 if quota remains and if announced on the NMFS hotline (phone: 800-662-9825 or 206-526-6667). WDFW, ODFW, and CDFW will monitor landings. If the landings are projected to exceed the IPHC's 39,810 pound preseason allocation or the total Area 2A non-Indian commercial halibut allocation, NMFS will take inseason action to prohibit retention of halibut in the non-Indian salmon troll fishery.

    May 1, 2017, through December 31, 2017, and April 1-30, 2018, license holders may land or possess no more than one Pacific halibut per each two Chinook, except one Pacific halibut may be possessed or landed without meeting the ratio requirement, and no more than 35 halibut may be possessed or landed per trip. Pacific halibut retained must be no less than 32 inches in total length (with head on). IPHC license holders must comply with all applicable IPHC regulations.

    Incidental Pacific halibut catch regulations in the commercial salmon troll fishery adopted for 2017, prior to any 2017 inseason action, will be in effect when incidental Pacific halibut retention opens on April 1, 2018 unless otherwise modified by inseason action at the March 2018 Council meeting.

    a. “C-shaped” yelloweye rockfish conservation area is an area to be voluntarily avoided for salmon trolling. NMFS and the Council request salmon trollers voluntarily avoid this area in order to protect yelloweye rockfish. The area is defined in the Pacific Council Halibut Catch Sharing Plan in the North Coast subarea (Washington marine area 3), with the following coordinates in the order listed:

    48°18′ N. lat.; 125°18′ W. long.; 48°18′ N. lat.; 124°59′ W. long.; 48°11′ N. lat.; 124°59′ W. long.; 48°11′ N. lat.; 125°11′ W. long.; 48°04′ N. lat.; 125°11′ W. long.; 48°04′ N. lat.; 124°59′ W. long.; 48°00′ N. lat.; 124°59′ W. long.; 48°00′ N. lat.; 125°18′ W. long.; and connecting back to 48°18′ N. lat.; 125°18′ W. long. C.8. Inseason Management

    In addition to standard inseason actions or modifications already noted under the season description, the following inseason guidance applies:

    a. Chinook remaining from the May through June non-Indian commercial troll harvest guideline north of Cape Falcon may be transferred to the July through September harvest guideline if the transfer would not result in exceeding preseason impact expectations on any stocks.

    b. NMFS may transfer fish between the recreational and commercial fisheries north of Cape Falcon if there is agreement among the areas' representatives on the Salmon Advisory Subpanel (SAS), and if the transfer would not result in exceeding preseason impact expectations on any stocks.

    c. At the March 2018 meeting, the Council will consider inseason recommendations for special regulations for any experimental fisheries (proposals must meet Council protocol and be received in November 2017).

    d. If retention of unmarked coho is permitted by inseason action, the allowable coho quota will be adjusted to ensure preseason projected impacts on all stocks is not exceeded.

    e. Landing limits may be modified inseason to sustain season length and keep harvest within overall quotas.

    C.9. State Waters Fisheries

    Consistent with Council management objectives:

    a. The State of Oregon may establish additional late-season fisheries in state waters.

    b. The State of California may establish limited fisheries in selected state waters.

    Check state regulations for details.

    C.10. For the Purposes of California Fish and Game Code, Section 8232.5, the Definition of the KMZ for the Ocean Salmon Season Shall be That Area From Humbug Mountain, Oregon, to Horse Mountain, California Section 2. Recreational Management Measures for 2017 Ocean Salmon Fisheries

    Parts A, B, and C of this section contain restrictions that must be followed for lawful participation in the fishery. Part A identifies each fishing area and provides the geographic boundaries from north to south, the open seasons for the area, the salmon species allowed to be caught during the seasons, and any other special restrictions effective in the area. Part B specifies minimum size limits. Part C specifies special requirements, definitions, restrictions and exceptions.

    A. Season Description North of Cape Falcon, OR —U.S./Canada border to Cape Alava (Neah Bay Subarea)

    June 24 through earlier of September 4 or 4,370 marked coho subarea quota with a subarea guideline of 7,900 Chinook (C.5).

    Seven days per week. All salmon, except no chum beginning August 1; two fish per day. All coho must be marked with a healed adipose fin clip (C.1). Beginning August 1, Chinook non-retention east of the Bonilla-Tatoosh line (C.4.a) during Council managed ocean fishery. See gear restrictions and definitions (C.2, C.3). Inseason management may be used to sustain season length and keep harvest within the overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).

    —Cape Alava to Queets River (La Push Subarea)

    June 24 through earlier of September 4 or 1,090 marked coho subarea quota with a subarea guideline of 2,500 Chinook (C.5).

    Seven days per week. All salmon, two fish per day. All coho must be marked with a healed adipose fin clip. See gear restrictions and definitions (C.2, C.3). Inseason management may be used to sustain season length and keep harvest within the overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).

    —Queets River to Leadbetter Point (Westport Subarea)

    July 1 through earlier of September 4 or 15,540 marked coho subarea quota with a subarea guideline of 21,400 Chinook (C.5).

    Seven days per week. All salmon; two fish per day, no more than one of which can be a Chinook. All coho must be marked with a healed adipose fin clip (C.1). See gear restrictions and definitions (C.2, C.3). Grays Harbor Control Zone closed beginning August 14 (C.4.b). Inseason management may be used to sustain season length and keep harvest within the overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).

    —Leadbetter Point to Cape Falcon (Columbia River Subarea)

    June 24 through earlier of September 4 or 21,000 marked coho subarea quota with a subarea guideline of 13,200 Chinook (C.5).

    Seven days per week. All salmon; two fish per day, no more than one of which can be a Chinook. All coho must be marked with a healed adipose fin clip (C.1). See gear restrictions and definitions (C.2, C.3). Columbia Control Zone closed (C.4.c). Inseason management may be used to sustain season length and keep harvest within the overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).

    South of Cape Falcon, OR —Cape Falcon to Humbug Mountain.

    March 15 through October 31 (C.6), except as provided below during the all-salmon mark-selective and September non-mark-selective coho fisheries.

    Seven days per week. All salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B). See gear restrictions and definitions (C.2, C.3).

    • Non-mark-selective coho fishery: September 2 through the earlier of September 30 or a landed catch of 6,000 coho (C.5).

    Seven days per week. All salmon, two fish per day (C.1). Chinook minimum size limit of 24 inches total length. Coho minimum size limit of 16 inches total length (B). See gear restrictions and definitions (C.2, C.3).

    The all salmon except coho season reopens the earlier of October 1 or attainment of the coho quota (C.5). During October, the fishery is only open shoreward of the 40 fathom regulatory line (C.4.f).

    In 2018, the season between Cape Falcon and Humbug Mountain will open March 15 for all salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the March 2018 Council meeting.

    Fishing in the Stonewall Bank yelloweye rockfish conservation area restricted to trolling only on days the all depth recreational halibut fishery is open (call the halibut fishing hotline 1-800-662-9825 for specific dates) (C.3.b, C.4.d).

    —Cape Falcon to Humbug Mountain

    All-salmon mark-selective coho fishery: June 24 through the earlier of July 31 or a landed catch of 18,000 marked coho (C.5).

    Seven days per week. All salmon, two fish per day. All retained coho must be marked with a healed adipose fin clip (C.1). Chinook minimum size limit of 24 inches total length. Coho minimum size limit of 16 inches total length (b). See gear restrictions and definitions (C.2, C.3). Any remainder of the mark-selective quota may be transferred on an impact neutral basis to the September non-mark-selective quota from Cape Falcon to Humbug Mountain. The all salmon except coho season reopens the earlier of August 1 or attainment of the coho quota (C.5.e).

    Fishing in the Stonewall Bank Yelloweye Rockfish Conservation Area restricted to trolling only on days the all depth recreational halibut fishery is open (call the halibut fishing hotline 1-800-662-9825 for specific dates) (C.3b, C.4.d).

    —Humbug Mountain to Oregon/California border (Oregon KMZ)

    Closed (C.6).

    —Oregon/California border to Horse Mountain (California KMZ)

    Closed (C.6).

    —Horse Mountain to Point Arena (Fort Bragg)

    April 1-May 31;

    August 15-November 12 (C.6).

    Seven days per week. All salmon except coho; two fish per day (C.1). Chinook minimum size limit of 20 inches total length (B). See gear restrictions and definitions (C.2, C.3).

    In 2018, season opens April 7 for all salmon except coho; two fish per day (C.1). Chinook minimum size limit of 20 inches total length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the March 2018 Council meeting.

    —Point Arena to Pigeon Point (San Francisco)

    April 1-30;

    May 15-October 31 (C.6).

    Seven days per week. All salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length through April 30, 20 inches thereafter (B). See gear restrictions and definitions (C.2, C.3).

    In 2018, season opens April 7 for all salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the March 2018 Council meeting.

    —Pigeon Point to Point Sur (Monterey North)

    April 1-July 15 (C.6).

    Seven days per week. All salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B). See gear restrictions and definitions (C.2, C.3).

    In 2018, season opens April 7 for all salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the March 2018 Council meeting.

    —Point Sur to U.S./Mexico border (Monterey South)

    April 1-May 31 (C.6).

    Seven days per week. All salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B). See gear restrictions and definitions (C.2, C.3).

    In 2018, season opens April 7 for all salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the March 2018 Council meeting.

    California State regulations require all salmon be made available to a CDFW representative for sampling immediately at port of landing. Any person in possession of a salmon with a missing adipose fin, upon request by an authorized agent or employee of the CDFW, shall immediately relinquish the head of the salmon to the state (California Code of Regulations Title 14 Section 1.73).

    B. Minimum Size (Total Length in Inches) (See C.1) Area
  • (when open)
  • Chinook Coho Pink
    North of Cape Falcon 24.0 16.0 None. Cape Falcon to Humbug Mountain 24.0 16.0 None. Humbug Mt. to OR/CA border OR/CA border to Horse Mountain Horse Mountain to Point Arena 20.0 20.0. Point Arena to Pigeon Point: Through April 30 24.0 24.0. After April 30 20.0 20.0. Pigeon Point to Point Sur 24.0 24.0. Point Sur to U.S./Mexico border 24.0 24.0. Metric equivalents: 24.0 in = 61.0 cm, 20.0 in = 50.8 cm, and 16.0in = 40.6 cm.
    C. Requirements, Definitions, Restrictions, or Exceptions C.1. Compliance With Minimum Size and Other Special Restrictions

    All salmon on board a vessel must meet the minimum size or other special requirements for the area being fished and the area in which they are landed if that area is open. Salmon may be landed in an area that is closed only if they meet the minimum size or other special requirements for the area in which they were caught. Salmon may not be filleted prior to landing.

    Ocean Boat Limits: Off the coast of Washington, Oregon, and California, each fisher aboard a vessel may continue to use angling gear until the combined daily limits of Chinook and coho salmon for all licensed and juvenile anglers aboard have been attained (additional state restrictions may apply).

    C.2. Gear Restrictions

    Salmon may be taken only by hook and line using barbless hooks. All persons fishing for salmon, and all persons fishing from a boat with salmon on board, must meet the gear restrictions listed below for specific areas or seasons.

    a. U.S./Canada border to Point Conception, California: No more than one rod may be used per angler; and no more than two single point, single shank barbless hooks are required for all fishing gear. [Note: ODFW regulations in the state-water fishery off Tillamook Bay may allow the use of barbed hooks to be consistent with inside regulations.]

    b. Horse Mountain, California, to Point Conception, California: Single point, single shank, barbless circle hooks (see gear definitions below) are required when fishing with bait by any means other than trolling, and no more than two such hooks shall be used. When angling with two hooks, the distance between the hooks must not exceed five inches when measured from the top of the eye of the top hook to the inner base of the curve of the lower hook, and both hooks must be permanently tied in place (hard tied). Circle hooks are not required when artificial lures are used without bait.

    C.3. Gear Definitions

    a. Recreational fishing gear defined: Off Oregon and Washington, angling tackle consists of a single line that must be attached to a rod and reel held by hand or closely attended; the rod and reel must be held by hand while playing a hooked fish. No person may use more than one rod and line while fishing off Oregon or Washington. Off California, the line must be attached to a rod and reel held by hand or closely attended; weights directly attached to a line may not exceed four pounds (1.8 kg). While fishing off California north of Point Conception, no person fishing for salmon, and no person fishing from a boat with salmon on board, may use more than one rod and line. Fishing includes any activity which can reasonably be expected to result in the catching, taking, or harvesting of fish.

    b. Trolling defined: Angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions.

    c. Circle hook defined: A hook with a generally circular shape and a point which turns inward, pointing directly to the shank at a 90° angle.

    C.4. Control Zone Definitions

    a. The Bonilla-Tatoosh Line: A line running from the western end of Cape Flattery to Tatoosh Island Lighthouse (48°23′30″ N. lat., 124°44′12″ W. long.) to the buoy adjacent to Duntze Rock (48°24′37″ N. lat., 124°44′37″ W. long.), then in a straight line to Bonilla Point (48°35′39″ N. lat., 124°42′58″ W. long.) on Vancouver Island, British Columbia.

    b. Grays Harbor Control Zone—The area defined by a line drawn from the Westport Lighthouse (46°53′18″ N. lat., 124° 07′01″ W. long.) to Buoy #2 (46°52′42″ N. lat., 124°12′42″ W. long.) to Buoy #3 (46°55′00″ N. lat., 124°14′48″ W. long.) to the Grays Harbor north jetty (46°55′36″ N. lat., 124°10′51″ W. long.).

    c. Columbia Control Zone: An area at the Columbia River mouth, bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (46°13′35″ N. lat., 124°06′50″ W. long.) and the green lighted Buoy #7 (46°15′09′ N. lat., 124°06′16″ W. long.); on the east, by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14′00″ N. lat., 124°03′07″ W. long. to its intersection with the north jetty; on the north, by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (46°15′48″ N. lat., 124°05′20″ W. long. and then along the north jetty to the point of intersection with the Buoy #10 line; and on the south, by a line running northeast/southwest between the red lighted Buoy #4 and tip of the south jetty (46°14′03″ N. lat., 124°04′05″ W. long.), and then along the south jetty to the point of intersection with the Buoy #10 line.

    d. Stonewall Bank Yelloweye Rockfish Conservation Area: The area defined by the following coordinates in the order listed:

    44°37.46′ N. lat.; 124°24.92′ W. long. 44°37.46′ N. lat.; 124°23.63′ W. long. 44°28.71′ N. lat.; 124°21.80′ W. long. 44°28.71′ N. lat.; 124°24.10′ W. long. 44°31.42′ N. lat.; 124°25.47′ W. long. and connecting back to 44°37.46′ N. lat.; 124°24.92′ W. long.

    e. Klamath Control Zone: The ocean area at the Klamath River mouth bounded on the north by 41°38′48″ N. lat. (approximately 6 nautical miles north of the Klamath River mouth); on the west by 124°23′00″ W. long. (approximately 12 nautical miles off shore); and, on the south by 41°26′48″ N. lat. (approximately 6 nautical miles south of the Klamath River mouth).

    f. Waypoints for the 40 fathom regulatory line from Cape Falcon to Humbug Mountain (50 CFR 660.71(k)).

    (12) 45°46.00′ N. lat., 124°04.49′ W. long.; (13) 45°44.34′ N. lat., 124°05.09′ W. long.; (14) 45°40.64′ N. lat., 124°04.90′ W. long.; (15) 45°33.00′ N. lat., 124°04.46′ W. long.; (16) 45°32.27′ N. lat., 124°04.74′ W. long.; (17) 45°29.26′ N. lat., 124°04.22′ W. long.; (18) 45°20.25′ N. lat., 124°04.67′ W. long.; (19) 45°19.99′ N. lat., 124°04.62′ W. long.; (20) 45°17.50′ N. lat., 124°04.91′ W. long.; (21) 45°11.29′ N. lat., 124°05.20′ W. long.; (22) 45°05.80′ N. lat., 124°05.40′ W. long.; (23) 45°05.08′ N. lat., 124°05.93′ W. long.; (24) 45°03.83′ N. lat., 124°06.47′ W. long.; (25) 45°01.70′ N. lat., 124°06.53′ W. long.; (26) 44°58.75′ N. lat., 124°07.14′ W. long.; (27) 44°51.28′ N. lat., 124°10.21′ W. long.; (28) 44°49.49′ N. lat., 124°10.90′ W. long.; (29) 44°44.96′ N. lat., 124°14.39′ W. long.; (30) 44°43.44′ N. lat., 124°14.78′ W. long.; (31) 44°42.26′ N. lat., 124°13.81′ W. long.; (32) 44°41.68′ N. lat., 124°15.38′ W. long.; (33) 44°34.87′ N. lat., 124°15.80′ W. long.; (34) 44°33.74′ N. lat., 124°14.44′ W. long.; (35) 44°27.66′ N. lat., 124°16.99′ W. long.; (36) 44°19.13′ N. lat., 124°19.22′ W. long.; (37) 44°15.35′ N. lat., 124°17.38′ W. long.; (38) 44°14.38′ N. lat., 124°17.78′ W. long.; (39) 44°12.80′ N. lat., 124°17.18′ W. long.; (40) 44°09.23′ N. lat., 124°15.96′ W. long.; (41) 44°08.38′ N. lat., 124°16.79′ W. long.; (42) 44°08.30′ N. lat., 124°16.75′ W. long.; (43) 44°01.18′ N. lat., 124°15.42′ W. long.; (44) 43°51.61′ N. lat., 124°14.68′ W. long.; (45) 43°42.66′ N. lat., 124°15.46′ W. long.; (46) 43°40.49′ N. lat., 124°15.74′ W. long.; (47) 43°38.77′ N. lat., 124°15.64′ W. long.; (48) 43°34.52′ N. lat., 124°16.73′ W. long.; (49) 43°28.82′ N. lat., 124°19.52′ W. long.; (50) 43°23.91′ N. lat., 124°24.28′ W. long.; (51) 43°20.83′ N. lat., 124°26.63′ W. long.; (52) 43°17.96′ N. lat., 124°28.81′ W. long.; (53) 43°16.75′ N. lat., 124°28.42′ W. long.; (54) 43°13.97′ N. lat., 124°31.99′ W. long.; (55) 43°13.72′ N. lat., 124°33.25′ W. long.; (56) 43°12.26′ N. lat., 124°34.16′ W. long.; (57) 43°10.96′ N. lat., 124°32.33′ W. long.; (58) 43°05.65′ N. lat., 124°31.52′ W. long.; (59) 42°59.66′ N. lat., 124°32.58′ W. long.; (60) 42°54.97′ N. lat., 124°36.99′ W. long.; (61) 42°53.81′ N. lat., 124°38.57′ W. long.; (62) 42°50.00′ N. lat., 124°39.68′ W. long.; (63) 42°49.13′ N. lat., 124°39.70′ W. long.; (64) 42°46.47′ N. lat., 124°38.89′ W. long.; (65) 42°45.74′ N. lat., 124°38.86′ W. long.; (66) 42°44.79′ N. lat., 124°37.96′ W. long.; (67) 42°45.01′ N. lat., 124°36.39′ W. long.; (68) 42°44.14′ N. lat., 124°35.17′ W. long.; (69) 42°42.14′ N. lat., 124°32.82′ W. long.; (70) 42°40.50′ N. lat., 124°31.98′ W. long.; C.5. Inseason Management

    Regulatory modifications may become necessary inseason to meet preseason management objectives such as quotas, harvest guidelines, and season duration. In addition to standard inseason actions or modifications already noted under the season description, the following inseason guidance applies:

    a. Actions could include modifications to bag limits, or days open to fishing, or extensions or reductions in areas open to fishing.

    b. Coho may be transferred inseason among recreational subareas north of Cape Falcon to help meet the recreational season duration objectives (for each subarea) after conferring with representatives of the affected ports and the Council's SAS recreational representatives north of Cape Falcon, and if the transfer would not result in exceeding preseason impact expectations on any stocks.

    c. Chinook and coho may be transferred between the recreational and commercial fisheries north of Cape Falcon if there is agreement among the representatives of the SAS, and if the transfer would not result in exceeding preseason impact expectations on any stocks.

    d. Fishery managers may consider inseason action modifying regulations restricting retention of unmarked coho. To remain consistent with preseason expectations, any inseason action shall consider, if significant, the difference between observed and preseason forecasted mark rates. Such a consideration may also include a change in bag limit of two salmon, no more than one of which may be a coho.

    e. Marked coho remaining from the Cape Falcon to Humbug Mountain recreational mark-selective coho quota may be transferred inseason to the Cape Falcon to Humbug Mountain non-mark-selective recreational fishery if the transfer would not result in exceeding preseason impact expectations on any stocks.

    C.6. Additional Seasons in State Territorial Waters

    Consistent with Council management objectives, the States of Washington, Oregon, and California may establish limited seasons in state waters. Check state regulations for details.

    Section 3. Treaty Indian Management Measures for 2017 Ocean Salmon Fisheries

    Parts A, B, and C of this section contain requirements that must be followed for lawful participation in the fishery.

    A. Season Descriptions

    May 1 through the earlier of June 30 or 20,000 Chinook quota.

    All salmon except coho. If the Chinook quota for the May-June fishery is not fully utilized, the excess fish may be transferred into the later all-salmon season (C.5.a). If the Chinook quota is exceeded, the excess will be deducted from the later all-salmon season (C.5). See size limit (B) and other restrictions (C).

    July 1 through the earlier of September 15, or 20,000 Chinook quota (C.5), or 12,500 coho quota.

    All salmon. See size limit (B) and other restrictions (C).

    B. Minimum Size (Inches) Area
  • (when open)
  • Chinook Total Head-off Coho Total Head-off Pink
    North of Cape Falcon 24.0 18.0 16.0 12.0 None. Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 12.0 in = 30.5 cm.
    C. Requirements, Restrictions, and Exceptions C.1. Tribe and Area Boundaries.

    All boundaries may be changed to include such other areas as may hereafter be authorized by a Federal court for that tribe's treaty fishery.

    S'KLALLAM—Washington State Statistical Area 4B (All).

    MAKAH—Washington State Statistical Area 4B and that portion of the FMA north of 48°02′15″ N. lat. (Norwegian Memorial) and east of 125°44′00″ W. long.

    QUILEUTE—That portion of the FMA between 48°10′00″ N. lat. (Cape Alava.) and 47°31′42″ N. lat. (Queets River) and east of 125°44′00″ W. long.

    HOH—That portion of the FMA between 47°54′18″ N. lat. (Quillayute River) and 47°21′00″ N. lat. (Quinault River) and east of 125°44′00″ W. long.

    QUINAULT—That portion of the FMA between 47°40′06″ N. lat. (Destruction Island) and 46°53′18″N. lat. (Point Chehalis) and east of 125°08′30″ W. long.

    C.2. Gear Restrictions

    a. Single point, single shank, barbless hooks are required in all fisheries.

    b. No more than eight fixed lines per boat.

    c. No more than four hand held lines per person in the Makah area fishery (Washington State Statistical Area 4B and that portion of the FMA north of 48°02′15″ N. lat. (Norwegian Memorial) and east of 125°44′00″ W. long.).

    C.3. Quotas

    a. The quotas include troll catches by the S'Klallam and Makah tribes in Washington State Statistical Area 4B from May 1 through September 15.

    b. The Quileute Tribe will continue a ceremonial and subsistence fishery during the time frame of September 15 through October 15 in the same manner as in 2004-2015. Fish taken during this fishery are to be counted against treaty troll quotas established for the 2017 season (estimated harvest during the September-October ceremonial and subsistence fishery: 20 Chinook; 40 coho).

    C.4. Area Closures

    a. The area within a six nautical mile radius of the mouths of the Queets River (47°31′42″ N. lat.) and the Hoh River (47°45′12″ N. lat.) will be closed to commercial fishing.

    b. A closure within two nautical miles of the mouth of the Quinault River (47°21′00″ N. lat.) may be enacted by the Quinault Nation and/or the State of Washington and will not adversely affect the Secretary of Commerce's management regime.

    C.5. Inseason Management: In Addition to Standard Inseason Actions or Modifications Already Noted Under the Season Description, the Following Inseason Guidance Applies

    a. Chinook remaining from the May through June treaty-Indian ocean troll harvest guideline north of Cape Falcon may be transferred to the July through September harvest guideline on a fishery impact equivalent basis.

    Section 4. Halibut Retention

    Under the authority of the Northern Pacific Halibut Act, NMFS promulgated regulations governing the Pacific halibut fishery, which appear at 50 CFR part 300, subpart E. On March 7, 2017, NMFS published a rule announcing the IPHC's regulations, and fishery regulations for U.S. waters off Alaska (82 FR 12730). On April 20, 2017, NMFS published a final rule (82 FR 18581) approving and implementing the Area 2A (U.S. West Coast) Pacific halibut Catch Sharing Plan and the Area 2A management measures for 2017. The Catch Sharing Plan, in combination with the IPHC regulations, provides that vessels participating in the salmon troll fishery in Area 2A, which have obtained the appropriate IPHC license, may retain halibut caught incidentally during authorized periods in conformance with provisions published with the annual salmon management measures. A salmon troller may participate in the halibut incidental catch fishery during the salmon troll season or in the directed commercial fishery targeting halibut, but not both.

    The following measures have been approved by the IPHC, and implemented by NMFS. During authorized periods, the operator of a vessel that has been issued an incidental halibut harvest license may retain Pacific halibut caught incidentally in Area 2A while trolling for salmon. Halibut retained must be no less than 32 inches (81.28 cm) in total length, measured from the tip of the lower jaw with the mouth closed to the extreme end of the middle of the tail, and must be landed with the head on.

    License applications for incidental harvest must be obtained from the IPHC (phone: 206-634-1838). Applicants must apply prior to mid-March 2018 for 2018 permits (exact date to be set by the IPHC in early 2018). Incidental harvest is authorized only during April, May, and June of the 2017 troll seasons and after June 30 in 2017 if quota remains and if announced on the NMFS hotline (phone: 1-800-662-9825 or 206-526-6667). WDFW, ODFW, and CDFW will monitor landings. If the landings are projected to exceed the 39,810 pound preseason allocation or the total Area 2A non-Indian commercial halibut allocation, NMFS will take inseason action to prohibit retention of halibut in the non-Indian salmon troll fishery.

    May 1, 2017, through December 31, 2017, and April 1-30, 2018, license holders may land or possess no more than one Pacific halibut per each two Chinook, except one Pacific halibut may be possessed or landed without meeting the ratio requirement, and no more than 35 halibut may be possessed or landed per trip. Pacific halibut retained must be no less than 32 inches in total length (with head on). IPHC license holders must comply with all applicable IPHC regulations.

    Incidental Pacific halibut catch regulations in the commercial salmon troll fishery adopted for 2017, prior to any 2017 inseason action, will be in effect when incidental Pacific halibut retention opens on April 1, 2018, unless otherwise modified by inseason action at the March 2018 Council meeting.

    NMFS and the Council request that salmon trollers voluntarily avoid a “C-shaped” YRCA (also known as the Salmon Troll YRCA) in order to protect yelloweye rockfish. Coordinates for the Salmon Troll YRCA are defined at 50 CFR 660.70(a) in the North Coast subarea (Washington marine area 3). See Section 1.C.7. in this document for the coordinates.

    Section 5. Geographical Landmarks

    Wherever the words “nautical miles off shore” are used in this document, the distance is measured from the baseline from which the territorial sea is measured.

    Geographical landmarks referenced in this document are at the following locations:

    Cape Flattery, WA 48°23′00″ N. lat. Cape Alava, WA 48°10′00″ N. lat. Queets River, WA 47°31′42″ N. lat. Leadbetter Point, WA 46°38′10″ N. lat. Cape Falcon, OR 45°46′00″ N. lat. Florence South Jetty, OR 44°00′54″ N. lat. Humbug Mountain, OR 42°40′30″ N. lat. Oregon-California border 42°00′00″ N. lat. Humboldt South Jetty, CA 40°45′53″ N. lat. Horse Mountain, CA 40°05′00″ N. lat. Point Arena, CA 38°57′30″ N. lat. Point Reyes, CA 37°59′44″ N. lat. Point San Pedro, CA 37°35′40″ N. lat. Pigeon Point, CA 37°11′00″ N. lat. Point Sur, CA 36°18′00″ N. lat. Point Conception, CA 34°27′00″ N. lat. Section 6. Inseason Notice Procedures

    Notice of inseason management actions will be provided by a telephone hotline administered by the West Coast Region, NMFS, 1-800-662-9825 or 206-526-6667, and by USCG Notice to Mariners broadcasts. These broadcasts are announced on Channel 16 VHF-FM and 2182 KHz at frequent intervals. The announcements designate the channel or frequency over which the Notice to Mariners will be immediately broadcast. Inseason actions will also be published in the Federal Register as soon as practicable. Since provisions of these management measures may be altered by inseason actions, fishermen should monitor either the telephone hotline or Coast Guard broadcasts for current information for the area in which they are fishing.

    Classification

    This final rule is necessary for conservation and management of Pacific coast salmon stocks and is consistent with the Magnuson-Stevens Act and other applicable law. These regulations are being promulgated under the authority of 16 U.S.C. 1855(d) and 16 U.S.C. 773(c).

    This final rule has been determined to be not significant for purposes of Executive Order 12866.

    The Assistant Administrator for Fisheries finds good cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior notice and opportunity for public comment, as such procedures would be impracticable and contrary to the public interest.

    The annual salmon management cycle begins May 1 and continues through April 30 of the following year. May 1 was chosen because the pre-May harvests constitute a relatively small portion of the annual catch. The time frame of the preseason process for determining the annual modifications to ocean salmon fishery management measures depends on when the pertinent biological data are available. Salmon stocks are managed to meet annual spawning escapement goals or specific exploitation rates. Achieving either of these objectives requires designing management measures that are appropriate for the ocean abundance predicted for that year. These pre-season abundance forecasts, which are derived from previous years' observed spawning escapement, vary substantially from year to year, and are not available until January or February because spawning escapement continues through the fall.

    The preseason planning and public review process associated with developing Council recommendations is initiated in February as soon as the forecast information becomes available. The public planning process requires coordination of management actions of four states, numerous Indian tribes, and the Federal Government, all of which have management authority over the stocks. This complex process includes the affected user groups, as well as the general public. The process is compressed into a two-month period culminating with the April Council meeting at which the Council adopts a recommendation that is forwarded to NMFS for review, approval, and implementation of fishing regulations effective on May 1.

    Providing opportunity for prior notice and public comments on the Council's recommended measures through a proposed and final rulemaking process would require 30 to 60 days in addition to the two-month period required for development of the regulations. Delaying implementation of annual fishing regulations, which are based on the current stock abundance projections, for an additional 60 days would require that fishing regulations for May and June be set in the previous year, without the benefit of information regarding current stock status. For the 2017 fishing regulations, the current stock status was not available to the Council until February. Because a substantial amount of fishing occurs during May and June, managing the fishery with measures developed using the prior year's data could have significant adverse effects on the managed stocks, including ESA-listed stocks. Although salmon fisheries that open prior to May are managed under the prior year's measures, as modified by the Council at its March meeting, relatively little harvest occurs during that period (e.g., on average, less than 5 percent of commercial and recreational harvest occurred prior to May 1 during the years 2001 through 2015). Allowing the much more substantial harvest levels normally associated with the May and June salmon seasons to be promulgated under the prior year's regulations would impair NMFS' ability to protect weak and ESA-listed salmon stocks, and to provide harvest opportunity where appropriate. The choice of May 1 as the beginning of the regulatory season balances the need to gather and analyze the data needed to meet the management objectives of the Salmon FMP and the need to manage the fishery using the best available scientific information.

    If these measures are not in place on May 1, salmon fisheries will not open as scheduled, or would open based on 2016 management measures which do not account for 2017 abundance projections without inseason action by NMFS. This would result in lost fishing opportunity, negative economic impacts, and confusion for the public as the state fisheries adopt concurrent regulations that conform to the Federal management measures.

    Overall, the annual population dynamics of the various salmon stocks require managers to adjust the season structure of the West Coast salmon fisheries to both protect weaker stocks and give fishers access to stronger salmon stocks, particularly hatchery produced fish. Failure to implement these measures immediately could compromise the status of certain stocks, or result in foregone opportunity to harvest stocks whose abundance has increased relative to the previous year thereby undermining the purpose of this agency action.

    In addition, public comment was received and considered by the Council and NMFS throughout the process of developing these management measures. As described above, the Council took comment at its March and April meetings, and heard summaries of comments received at public meetings held between the March and April meetings in each of the coastal states. NMFS also invited comments in a notice published prior to the March Council meeting, and considered comments received by the Council through its representative on the Council. Thus, these measures were developed with significant public input.

    Based upon the above-described need to have these measures effective on May 1 and the fact that there is limited time available to implement these new measures after the final Council meeting in April and before the commencement of the ocean salmon fishing year on May 1, NMFS has concluded it is impracticable and contrary to the public interest to provide an opportunity for prior notice and public comment under 5 U.S.C. 553(b)(B).

    The Assistant Administrator for Fisheries also finds that good cause exists under 5 U.S.C. 553(d)(3), to waive the 30-day delay in effectiveness of this final rule. As previously discussed, data were not available until February and management measures were not finalized until mid-April. These measures are essential to conserve threatened and endangered ocean salmon stocks, and to provide for harvest of more abundant stocks. Delaying the effectiveness of these measures by 30 days could compromise the ability of some stocks to attain their conservation objectives, preclude harvest opportunity, and negatively impact anticipated international, state, and tribal salmon fisheries, thereby undermining the purposes of this agency action and the requirements of the Magnuson-Stevens Act.

    To enhance the fishing industry's notification of these new measures, and to minimize the burden on the regulated community required to comply with the new regulations, NMFS is announcing the new measures over the telephone hotline used for inseason management actions and is posting the regulations on its West Coast Region Web site (http://www.westcoast.fisheries.noaa.gov). NMFS is also advising the states of Washington, Oregon, and California on the new management measures. These states announce the seasons for applicable state and Federal fisheries through their own public notification systems.

    Because prior notice and an opportunity for public comment are not required to be provided for these portions of this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory Flexibility Analysis is required for this portion of the rule and none has been prepared.

    This action contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA), and which have been approved by the Office of Management and Budget (OMB) under control number 0648-0433. The current information collection approval expires on July 31, 2017; renewal of this approval has been submitted to OMB and approval is pending. The public reporting burden for providing notifications if landing area restrictions cannot be met is estimated to average 15 minutes per response. This estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

    Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number.

    NMFS has current ESA biological opinions that cover fishing under these regulations on all listed salmon species. NMFS reiterated their consultation standards for all ESA listed salmon and steelhead species in their annual Guidance letter to the Council dated March 3, 2017. Some of NMFS past biological opinions have found no jeopardy, and others have found jeopardy, but provided reasonable and prudent alternatives to avoid jeopardy. The management measures for 2017 are consistent with the biological opinions that found no jeopardy, and with the reasonable and prudent alternatives in the jeopardy biological opinions. The Council's recommended management measures therefore comply with NMFS' consultation standards and guidance for all listed salmon species which may be affected by Council fisheries. In some cases, the recommended measures are more restrictive than NMFS' ESA requirements.

    In 2009, NMFS consulted on the effects of fishing under the Salmon FMP on the endangered Southern Resident Killer Whale Distinct Population Segment (SRKW) and concluded the salmon fisheries were not likely to jeopardize SRKW. The 2017 salmon management measures are consistent with the terms of that biological opinion.

    This final rule was developed after meaningful and collaboration with the affected tribes. The tribal representative on the Council made the motion for the regulations that apply to the tribal fisheries.

    Authority:

    16 U.S.C. 773-773k; 1801 et seq.

    Dated: April 25, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2017-08638 Filed 4-27-17; 8:45 am] BILLING CODE 3510-22-P
    82 81 Friday, April 28, 2017 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0395; Directorate Identifier 2017-CE-011-AD] RIN 2120-AA64 Airworthiness Directives; British Aerospace Regional Aircraft Airplanes AGENCY:

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

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream Model 3201 airplanes that would supersede AD 97-10-05. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks in the main landing gear (MLG) fitting at the pintle to cylinder interface, which could cause failure of the MLG during takeoff and landing. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by June 12, 2017.

    ADDRESSES:

    You may send comments 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: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For the British Aerospace Jetstream Series 3100 and 3200 service information identified in this proposed AD, contact BAE Systems (Operations) Ltd, Business Support Team-Technical Publications, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; phone: +44 1292 675207; fax: +44 1292 675704; email: [email protected]; Internet: https://www.regional-services.com/spares_and_support/support/aircraft-technical-publications/. For the Heroux Devtek service information identified in this proposed AD, contact Heroux Devtek Product Support, Unit 1, Pembroke Court, Chancellor Road, Manor Park, Runcorn, Cheshire, WA7 1TG, England; phone: +44 01928 530530; fax: +44 01928 579454; email: [email protected]; Internet: http://www.herouxdevtek.com/aog-product-support. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    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-2017-0395; 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 (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2017-0395; Directorate Identifier 2017-CE-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://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

    On December 9, 1996, we issued AD 97-10-05, Amendment 39-10017 (62 FR 28318; May 23, 1997) (“AD 97-10-05”). That AD required actions intended to address an unsafe condition on British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream Model 3201 airplanes and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2017-0053, dated March 24, 2017 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    Cracks were found during early fatigue testing and in service on the main landing gear (MLG) main fitting at the pintle to cylinder interface.

    This condition, if not detected and corrected, could lead to structural failure of the MLG, possibly resulting in loss of control of the aeroplane during take-off or landing runs.

    To address this unsafe condition, BAE Systems (Operations) Ltd published several Service Bulletins (SB) which, in 1996, were consolidated into a single SB 32-JA960142 to provide instructions for inspection. CAA UK issued AD 005-03-96 accordingly to require repetitive inspections of the MLG.

    Recently, a crack was found which was below the critical crack length, but unusually large compared to other similar cracks previously found in service. Further investigation into the subject determined that the existing inspection interval remains valid, but also showed that the assumed detectable defect size of 1.27 mm (0.05 in) crack cannot be guaranteed using the current accomplishment instructions for high frequency eddy current (HFEC) or fluorescent dye penetrant (FDP) inspection.

    Consequently, BAE Systems (Operations) Ltd issued SB 32-JA960142 Revision 04, which provides improved procedures for HFEC and FDP inspection to ensure the detection of cracks of 1.27 mm (0.05 in).

    For the reason described above, the [EASA] AD retains the requirements of CAA UK AD 005-03-96, which is superseded, and requires accomplishment of repetitive inspections in accordance with the improved procedures.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0395.

    Related Service Information Under 1 CFR Part 51

    We reviewed British Aerospace Jetstream Series 3100 and 3200 Service Bulletin 32-JA960142, Revision No. 4, October 21, 2016, which describes procedures for doing non-destructive testing for cracks in the MLG and corrective actions if cracks found exceed a certain crack length. (The appendix to the service bulletin specifically describes fluorescent liquid penetrant testing.) We reviewed Heroux Devtek Service Bulletin 32-56, Revision 4, dated August 16, 2016, which describes procedures for doing a non-destructive testing eddy current inspection for cracks in the MLG. 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 of this NPRM.

    FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

    Costs of Compliance

    We estimate that this proposed AD will affect 26 products of U.S. registry. We also estimate that it would take about 6 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour.

    Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $13,260, or $510 per product.

    In addition, we estimate that any necessary follow-on actions would take about 1 work-hour and require parts costing $5,000, for a cost of $5,085 per product. We have no way of determining the number of products that may need these actions.

    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 removing Amendment 39-10017 (62 FR 28318; May 23, 1997), and adding the following new AD: British Aerospace Regional Aircraft: Docket No. FAA-2017-0395; Directorate Identifier 2017-CE-011-AD. (a) Comments Due Date

    We must receive comments by June 12, 2017.

    (b) Affected ADs

    This AD replaces AD 97-10-05; Amendment 39-10017 (62 FR 28318; May 23, 1997) (“AD 97-10-05”).

    (c) Applicability

    This AD applies to British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream Model 3201 airplanes, all serial numbers, certificated in any category.

    (d) Subject

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

    (e) Reason

    This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks in the main landing gear (MLG) fitting at the pintle to cylinder interface, which could cause failure of the MLG during takeoff and landing. We are issuing this proposed AD to detect and correct cracks in the main landing gear (MLG), which could lead to structural failure of the MLG and could result in loss of control during takeoffs and landings.

    (f) Actions and Compliance

    Unless already done, do the following actions listed in paragraphs (f)(1) through (3) of this AD:

    (1) Within the compliance times listed in paragraph (f)(1)(i) or (ii) of this AD, as applicable, inspect the MLG for cracks following Appendix 1 of British Aerospace Jetstream Series 3100 and 3200 Service Bulletin 32-JA960142, Revision No. 4, October 21, 2016; or Heroux Devtek Service Bulletin 32-56, Revision 4, dated August 16, 2016, as specified in British Aerospace Jetstream Series 3100 and 3200 Service Bulletin 32-JA960142, Revision No. 4, October 21, 2016.

    (i) For airplanes that have been inspected following AD 97-10-05: Do the initial inspection within 1,200 flight cycles (FC) after the last inspection required by AD 97-10-05 and repetitively thereafter at intervals not to exceed 1,200 FC.

    (ii) For airplanes that have not been inspected following AD 97-10-05: Do the initial inspection within 8,000 FC after installation of the MLG or within the next 100 FC after the effective date of this AD, whichever occurs later, and repetitively thereafter at intervals not to exceed 1,200 FC.

    (2) If any cracks are found during any of the inspections required in paragraph (f)(1) of this AD, before further flight, replace the MLG with an airworthy part following British Aerospace Jetstream Series 3100 and 3200 Service Bulletin 32-JA960142, Revision No. 4, October 21, 2016.

    (3) The compliance times in paragraphs (f)(1)(i) and (ii) of this AD are presented in flight cycles (landings). If the total flight cycles have not been kept, multiply the total number of airplane hours time-in-service (TIS) by 0.75 to calculate the cycles. For the purposes of this AD:

    (i) 100 hours TIS × .75 = 75 cycles; and

    (ii) 1,000 hours TIS × .75 = 750 cycles.

    (g) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

    (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

    (h) Related Information

    (1) Refer to MCAI European Aviation Safety Agency (EASA) AD 2017-0053, dated March 24, 2017. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0395.

    (2) For the British Aerospace Jetstream Series 3100 and 3200 service information related to this AD, contact BAE Systems (Operations) Ltd, Business Support Team-Technical Publications, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; phone: +44 1292 675207; fax: +44 1292 675704; email: [email protected]; Internet: https://www.regional-services.com/spares_and_support/support/aircraft-technical-publications/. For the Heroux Devtek service information identified in this proposed AD, contact Heroux Devtek Product Support, Unit 1, Pembroke Court, Chancellor Road, Manor Park, Runcorn, Cheshire, WA7 1TG, England; phone: +44 01928 530530; fax: +44 01928 579454; email: [email protected]; Internet: http://www.herouxdevtek.com/aog-product-support.

    (3) You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on April 20, 2017. Melvin Johnson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2017-08536 Filed 4-27-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA-2016-9594; Airspace Docket No. 16-ASO-20] Proposed Establishment of Temporary Restricted Areas R-2920A and R-2920B; Santa Rosa Island, FL AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM); withdrawal.

    SUMMARY:

    This action withdraws the NPRM published in the Federal Register of February 23, 2017, proposing to establish temporary restricted areas R-2920A and R-2920B, Santa Rosa Island, FL, for the period May 11 to May 18, 2017. The proponent has informed the FAA that plans to conduct hazardous activities have been cancelled; therefore, a requirement no longer exists to establish temporary restricted areas.

    DATES:

    The proposed rule published on February 23, 2017 at 82 FR 11415 is withdrawn as of 0901 UTC, April 28, 2017.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    History

    An NPRM was published in the Federal Register of February 23, 2017 (82 FR 11415), Docket No. FAA-2016-9594, to establish temporary restricted areas, designated as R-2920A and R-2920B, south of the Elgin Air Force Base Range Complex, in the vicinity of Santa Sosa Island, FL. The temporary restricted areas were proposed to contain hazardous activities to be used for the testing of counter-unmanned aircraft systems capabilities in support of exercise Black Dart 2017, from May 11 to May 18, 2017. The comment period closed on March 27, 2017. The FAA received five comments on the proposal. The proponent has informed the FAA that hazardous testing activities have been cancelled. Therefore, the NPRM is being withdrawn. As a result, the comments received on the proposal are no longer relevant.

    List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

    The Withdrawal

    Accordingly, pursuant to the authority delegated to me, the notice of proposed rulemaking, as published in the Federal Register on February 23, 2017 (82 FR 11415), FR Doc. 2017-03537, is hereby withdrawn.

    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.

    Issued in Washington, DC, on April 24, 2017. Rodger A. Dean, Jr., Manager, Airspace Policy Group.
    [FR Doc. 2017-08597 Filed 4-27-17; 8:45 am] BILLING CODE 4910-13-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0514; FRL-9961-39-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Removal of Clean Air Interstate Rule (CAIR) Program Regulations and Reference to CAIR, and Amendments to Continuous Emission Monitor (CEM) Reference AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a July 7, 2016 state implementation plan (SIP) revision submitted by the State of Maryland. The revision includes revised regulations which repealed Maryland's Clean Air Interstate Rule (CAIR) Program in its entirety, and which removed references to CAIR from other Maryland regulations that relate to general air quality definitions and to the control of emissions from pulp mills in Maryland. Additionally, the revision includes an amendment to a Maryland regulation regarding the use of continuous emission monitoring (CEM) systems at Kraft pulp mill boilers and combustion units in order to clarify that CEM systems must meet requirements beyond those only related to certification. The July 7, 2016 SIP submittal satisfies Maryland's obligation pursuant to an earlier rulemaking in which EPA granted final conditional approval of amendments regarding the control of emissions from Kraft pulp mills contingent upon Maryland addressing the monitoring issue. Final approval of the July 7, 2016 SIP revision will convert the prior conditional approval of the pulp mill regulations to a full approval. EPA is proposing to approve this revision to the Maryland SIP in accordance with the requirements of the Clean Air Act (CAA).

    DATES:

    Written comments must be received on or before May 30, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R03-OAR-2016-0514 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:

    Ellen Schmitt, (215) 814-5787, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    On July 7, 2016, EPA received from the State of Maryland a formal submittal (#16-07) seeking a revision to its SIP.

    I. Background

    To help reduce interstate transport of ozone and fine particulate matter (PM2.5) pollution in the eastern half of the United States, EPA finalized CAIR in May 2005.1 CAIR addressed both the 1997 ozone and PM2.5 national ambient air quality standards (NAAQS) and required 28 states, including Maryland, to limit emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2).2 For CAIR, EPA developed three separate cap and trade programs that could be used to achieve the required reductions: The CAIR NOX ozone season trading program, the CAIR annual NOX trading program, and the CAIR SO2 trading program.

    1 70 FR 25172 (May 12, 2005).

    2 SO2 is a precursor to PM2.5 formation, and NOX is a precursor to both ozone and PM2.5 formation.

    On December 23, 2008, CAIR was remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified on reh'g, 550 F.3d 1176. The December 2008 D.C. Circuit ruling allowed CAIR to remain in effect until a new interstate transport rule consistent with the Court's opinion was developed. While EPA worked on developing a new rule to address the interstate transport of air pollution, the CAIR program continued as planned with the NOX annual and ozone season programs beginning in 2009 and the SO2 annual program beginning in 2010.

    In response to the remand of CAIR, EPA promulgated the Cross State Air Pollution Rule (CSAPR) on July 6, 2011.3 CSAPR, which reduces emissions from electric generating units (EGUs), addresses the 1997 8-hour ozone NAAQS, the 1997 annual PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS. The rule also contained provisions that would sunset CAIR-related obligations on a schedule coordinated with the implementation of CSAPR compliance requirements. CSAPR was to become effective January 1, 2012; however, the timing of CSAPR's implementation was impacted by a number of court actions. On December 30, 2011, the D.C. Circuit stayed CSAPR prior to its implementation, and EPA was ordered to continue administering CAIR on an interim basis.4 In a subsequent decision on the merits, the Court vacated CSAPR based on a subset of petitioners' claims.5 However, on April 29, 2014, the U.S. Supreme Court reversed that decision and remanded the case to the D.C. Circuit for further proceedings.6 Throughout the initial round of D.C. Circuit proceedings and the ensuing Supreme Court proceedings, the stay on CSAPR remained in place, and EPA continued to implement CAIR.

    3 76 FR 48208 (August 8, 2011).

    4 Order of December 30, 2011, in EME Homer City Generation, L.P. v. EPA, D.C. Cir. No. 11-1302.

    5EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), cert. granted 133 U.S. 2857 (2013).

    6EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584, 1600-01 (2014).

    Following the April 2014 Supreme Court decision, EPA filed a motion asking the D.C. Circuit to lift the stay in order to allow CSAPR to replace CAIR in an equitable and orderly manner while further D.C. Circuit proceedings were held to resolve remaining claims from petitioners. Additionally, EPA's motion requested to toll, by three years, all CSAPR compliance deadlines that had not passed as of the approval date of the stay. On October 23, 2014, the D.C. Circuit granted EPA's request, and on December 3, 2014 (79 FR 71663), in an interim final rule, EPA set the updated effective date of CSAPR as January 1, 2015 and tolled the implementation of CSAPR Phase I to 2015 and CSAPR Phase 2 to 2017. In accordance with the interim final rule, the sunset date for CAIR was December 31, 2014, and EPA began implementing CSAPR on January 1, 2015.7

    7 At the present time, CSAPR is implemented in Maryland via a federal implementation plan (FIP).

    II. Summary of SIP Revision

    On July 7, 2016, EPA received from the State of Maryland a formal submittal (#16-07) seeking a revision to its SIP. As a result of CSAPR replacing CAIR, Maryland, in its July 7, 2016 submittal, requested that EPA remove from the Maryland SIP the CAIR program in its entirety, and references to CAIR located in other sections of the Code of Maryland Regulations (COMAR). Maryland's submittal seeks to remove the CAIR program by removing, in its entirety, COMAR 26.11.28 from Maryland's SIP because the CAIR program is now moot and has been replaced entirely by CSAPR. The July 7, 2016 SIP submittal also includes an amended definition of “NOX Ozone Season Allowance” in COMAR 26.11.01.01B(24-1) which removed reference to CAIR, thereby directing affected sources to the “NOX ozone season emission trading program,” which is currently CSAPR. The SIP revision also includes a revised version of COMAR 26.11.14. In COMAR 26.11.14.07C(1), there was a specific reference to COMAR 26.11.28, Maryland's CAIR program, which is now moot and which Maryland requested EPA remove from the SIP. Maryland revised COMAR 26.11.14.07C(1) to remove reference to COMAR 26.11.28, while permitting the continued practice of allowing certain sources to use NOX ozone season allowances as an alternative compliance method. Maryland has included revised COMAR 26.11.01.01 and 26.11.14.07, which includes 26.11.01.01B(24-1) and 26.11.14.07C(1), respectively, for incorporation by reference into the Maryland SIP.

    Finally, the July 7, 2016 SIP submission includes an amended COMAR 26.11.14.07D(1) which removes the word “certified” in order to clarify that for Kraft pulp mill combustion units and boilers to meet the monitoring and reporting requirements, CEM systems must meet all the requirements of 40 CFR 75, subpart H, and not just the certification requirements for CEMs.

    III. Summary of EPA Analysis

    In this action, EPA proposes to approve the removal of COMAR 26.11.28, which incorporated the CAIR program, from the Maryland SIP. EPA also proposes to approve the removal of references to CAIR from other Maryland regulations located in the Maryland SIP that relate to general air quality definitions and to the control of emissions from pulp mills in Maryland. As mentioned previously in this preamble, the D.C. Circuit remanded CAIR to EPA in 2008; however, the Court left CAIR in place while EPA worked to develop a new interstate transport rule. CSAPR was promulgated to respond to the court's concerns and to replace CAIR. The implementation of CSAPR was delayed for several years beyond its originally expected implementation timeframe of 2012 and therefore the sunsetting of CAIR was also deferred. CAIR was implemented through the 2014 compliance periods and was sunset and replaced by CSAPR on January 1, 2015, thereby making CAIR moot and any reference to CAIR inconsequential. Additionally, as a result of CSAPR replacing CAIR and the removal of Maryland's CAIR program under COMAR 26.11.28, reference to CAIR in other Maryland regulations is inaccurate and misleading. Thus, removing reference to CAIR or COMAR 26.11.28 from the other Maryland regulations mentioned in this action does not affect the sources impacted by the federal cap and trade program. Additionally, although EPA's proposed action here removes the CAIR program from the Maryland SIP, this action is overall SIP strengthening as it removes a moot program no longer in operation. EPA has already replaced CAIR with CSAPR which operates through FIPs, and which yields overall NOX and ozone reductions that are at least equal to or better than reductions from CAIR.8 9

    8 76 FR 48208 (August 8, 2011).

    9 According to section 110(l) of the CAA, the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress), or any other applicable requirement of the Act.

    In addition, Maryland's amendments to COMAR 26.11.01.01 and COMAR 26.11.14 (to remove references to CAIR) are in response to EPA's conditional approval of a previous Maryland SIP submittal. Maryland SIP #14-04 was submitted on October 8, 2014 for inclusion in the Maryland SIP and included amendments to COMAR 26.11.14—Control of Kraft Pulp Mills.10 In a letter dated September 18, 2015, the Maryland Department of the Environment (MDE) committed to removing references to CAIR, which sunset on December 31, 2014, through a SIP revision. The amendments to COMAR 26.11.01.01 and COMAR 26.11.14, provided by Maryland's SIP submittal #16-07, complete the actions required by EPA's conditional approval of Maryland SIP submittal #14-04. 81 FR 59486 (August 30, 2016). Pursuant to section 110(k) of the CAA and as stated in the August 30, 2016 final conditional approval of COMAR 26.11.14 for Maryland's October 8, 2014 SIP submittal, once EPA determines that MDE has satisfied the condition to remove references to CAIR, EPA shall remove the conditional nature of the August 30, 2016 approval. At that time, the October 8, 2014 SIP submission #14-04 will receive full approval status.11

    10 The final rulemaking notice for EPA's conditional approval of SIP submission #14-04 was published on August 30, 2016 (81 FR 59486) and addressed NOX reductions for pulp mills in Maryland.

    11 Thus, once this proposed action to approve the July 7, 2016 SIP submission #16-07 is finalized, thereby finding Maryland has met the conditions within our August 30, 2016 conditional approval (81 FR 59486), the conditional approval of Maryland's October 8, 2014 SIP submission #14-04 will be converted to full approval.

    Finally, regarding Maryland's amendments to COMAR 26.11.14.07D(1), the removal of the word “certified” from this portion of the Maryland regulation is merely an administrative action to make clear that CEMs used by Kraft pulp mill combustion units and boilers must meet all of the requirements of 40 CFR part 75, subpart H, and not just the certification requirements for CEMs.

    Based upon its review, EPA finds Maryland's July 7, 2016 SIP submittal approvable under section 110 of the CAA as a SIP strengthening measure which removes moot provisions and makes minor administrative changes.

    IV. Proposed Action

    This action proposes to approve Maryland's July 7, 2016 SIP submittal which seeks removal of Maryland's CAIR program, in its entirety, from the SIP and also seeks the removal of references to CAIR from other Maryland regulations that relate to general air quality definitions and to the control of emissions from Kraft pulp mills in the State. EPA is also proposing to approve the amended version of COMAR 26.11.14.07D(1) for inclusion in the Maryland SIP as the amended version removes the word “certified” from COMAR 26.11.14.07D(1) in order to clarify the CEM system requirements for monitoring and reporting emissions from Kraft pulp mill boilers and combustion units.

    Additionally, EPA proposes to find that Maryland's July 7, 2016 SIP submittal satisfies Maryland's obligation pursuant to EPA's August 30, 2016 (81 FR 59486) rulemaking in which the Agency granted final conditional approval of amendments regarding the control of NOX emissions at Kraft pulp mills. For this reason, EPA also proposes to remove the conditional nature of the August 30, 2016 conditional approval and proposes to grant full approval to the Maryland SIP revision regarding the control Kraft pulp mill emissions from various processes and fuel-burning equipment, submitted as #14-04 on October 15, 2014.

    EPA is proposing to approve the Maryland SIP revision which was submitted on July 7, 2016. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

    V. Incorporation by Reference

    In this proposed rule, 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, EPA is proposing to incorporate by reference portions of MDE regulations COMAR 26.11.01 and COMAR 26.11.14 regarding air quality definitions and Kraft pulp mill emission controls to remove reference to CAIR which were discussed in section II (Summary of SIP Revision) of this preamble. EPA is also proposing to incorporate by reference the portion of COMAR 26.11.14 which removed the word “certified” from COMAR 26.11.14.07D(1). EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

    VI. Statutory and Executive Order Reviews

    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, 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 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 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).

    In addition, this proposed rule, regarding the removal of the CAIR program under COMAR 26.11.28 from the Maryland SIP and amendments to COMAR 26.11.01 and 26.11.14, 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 EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: March 21, 2017. Cecil A. Rodrigues, Acting Regional Administrator, Region III.
    [FR Doc. 2017-08664 Filed 4-27-17; 8:45 am] BILLING CODE 6560-50-P
    82 81 Friday, April 28, 2017 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request April 25, 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 required 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 30, 2017 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

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

    Farm Service Agency

    Title: Farm Loan Program, General Program Administration.

    OMB Control Number: 0560-0238.

    Summary of Collection: Authority to establish the regulatory requirements contained in 7 CFR 761 and 7 CFR 763, is derived from 5 U.S.C. 301 which provides that “The Head of an Executive department or military department may prescribe regulations for the government of his department, the distribution and performance of its business . . .” The Secretary delegated authority to administer the provisions of the Act applicable to the Farm Loan Program (FLP) to the Under Secretary for Farm and Foreign Agricultural Service in section 2.16 of 7 CFR part 2. FLP provides loans to family farmers to purchase real estate equipment and finance agricultural production. The regulations covered by this information collection package describes, the policies and procedures the agency uses to provide supervised credit to direct FLP applicants and borrowers in accordance with the provisions of the Consolidated Farm and Rural Development Act (Pub. L. 87-128), as amended.

    Need and use of the Information: Information collections are submitted by applicants and borrowers to the local FSA office serving the county in which their business is headquartered. The information is necessary to provide supervised credit as legislatively mandated and is used by Agency Officials to: (1) Ensure that when loan funds or insurance proceeds are used for construction and development, projects, work is completed according to applicable state and local requirements, and in a manner that protects the Agency's financial interest. (2) Ensure that the loan repayment plan is developed using realistic data, based on the actual history of the operation and any planned improvements. (3) Identify potential concerns limiting the success of the operation and develop a loan assessment outlining the course of action to be followed, to improve the operation so that commercial credit is available. The agency is mandated to provide supervised credit; therefore, failure to collect the information, or collecting it less frequently, could result in the failure of the farm operation or loss of agency security property.

    Description of Respondents: Business or other for-profit; Farms.

    Number of Respondents: 84,983.

    Frequency of Responses: Reporting: On occasion; Annually.

    Total Burden Hours: 229.237.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-08594 Filed 4-27-17; 8:45 am] BILLING CODE 3410-05-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2017-0033] Notice of Request for Revision to and Extension of Approval of an Information Collection; Bovine Spongiform Encephalopathy; Importation of Animals and Animal Products AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Revision to and extension of approval of an information collection; comment request.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with activities to prevent the introduction of bovine spongiform encephalopathy into the United States.

    DATES:

    We will consider all comments that we receive on or before June 27, 2017.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0033.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2017-0033, 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-2017-0033 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:

    For information on the regulations to prevent the introduction of bovine spongiform encephalopathy into the United States, contact Dr. Alexandra MacKenzie, Senior Staff Veterinarian, Live Animal Imports, NIES, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1236; 301-851-3411; and Dr. Magde S. Elshafie, Senior Staff Veterinary Medical Officer, NIES, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737, 301-851-3300. For copies of more detailed information on the information collection, contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at 301-851-2483.

    SUPPLEMENTARY INFORMATION:

    Title: Bovine Spongiform Encephalopathy; Importation of Animals and Animal Products.

    OMB Control Number: 0579-0393.

    Type of Request: Revision to and extension of approval of an information collection.

    Abstract: The Animal Health Protection Act (7 U.S.C. 8301 et seq.) authorizes the Secretary of Agriculture to, among other things, prohibit or restrict the importation and interstate movement of animals and animal products into or through the United States to prevent the introduction and dissemination of animal diseases and pests.

    To guard against the introduction of animal diseases, the Animal and Plant Health Inspection Service (APHIS) regulates the importation of animals and animal products into the United States. The regulations in 9 CFR parts 92, 93, 94, 95, and 96 govern the importation of certain animals, birds, poultry, meat, and other animal products and byproducts into the United States to prevent the introduction of various animal diseases, including bovine spongiform encephalopathy (BSE), a chronic degenerative disease that affects the central nervous system of cattle.

    Section 92.5 of the regulations provides that all countries of the world are considered by APHIS to be in one of three BSE risk categories: Negligible risk, controlled risk, or undetermined risk. These risk categories are defined in §  92.1. Any region that is not classified by APHIS as presenting either negligible risk or controlled risk for BSE is considered to present an undetermined risk. Under the regulations, APHIS may classify a region for BSE in one of two ways. One way is for countries that have not received a risk classification from the World Organization for Animal Health (OIE) to request classification by APHIS. The other way is for APHIS to concur with the classification given to a country by the OIE.

    To ensure BSE is not introduced into the United States, the regulations place specific conditions on the importation of animals and animal products. These requirements necessitate the use of several information collection activities, including, but not limited to, certifications, official identification, request for and retention of classification as negligible or controlled risk, declarations of importation, import and export certificates, applications, import and movement permits, agreements, certification statements, seals, notifications, and recordkeeping.

    The information collection requirements above are currently approved by the Office of Management and Budget (OMB) under OMB control numbers 0579-0393 (Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products) and 0579-0234 (Bovine Spongiform Encephalopathy; Importation of Animals and Animal Products). After OMB approves this combined information collection package (0579-0393), APHIS will retire OMB control number 0579-0234. We have also updated the title of this information collection to “Bovine Spongiform Encephalopathy; Importation of Animals and Animal Products.”

    We are asking the OMB to approve our use of these information collection activities, as described, for an additional 3 years.

    The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

    (1) Evaluate 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) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses.

    Estimate of burden: The public reporting burden for this collection of information is estimated to average 0.52 hours per response.

    Respondents: Shippers, hunters, U.S. importers of regulated animal products, herd owners (including hobby farms), salaried veterinarians of foreign nations, foreign exporters of processed animal protein and other regulated materials and products, accredited veterinarians, and slaughter facility managers.

    Estimated annual number of respondents: 2,225.

    Estimated annual number of responses per respondent: 238.

    Estimated annual number of responses: 529,236.

    Estimated total annual burden on respondents: 275,743 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)

    All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

    Done in Washington, DC, this 25th day of April 2017. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2017-08728 Filed 4-27-17; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2017-0004] Notice of Request for Reinstatement of an Information Collection; Importation of Ruminant and Swine Hides, Bird Trophies, and Deer Hides AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Reinstatement of an information collection; comment request.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a reinstatement of an information collection associated with the importation of ruminant and swine hides, bird trophies, and deer hides.

    DATES:

    We will consider all comments that we receive on or before June 27, 2017.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0004.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2017-0004, 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-2017-0004 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:

    For information on the regulations for the importation of ruminant and swine hides, bird trophies, and deer hides, contact Dr. Lisa Dixon, Animal Products Import Director, NIES, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737; (301) 851-3373. Copies of this information collection can be obtained from Ms. Kimberly Hardy, the APHIS Information Collection Coordinator, at (301) 851-2483.

    SUPPLEMENTARY INFORMATION:

    Title: Importation of Ruminant and Swine Hides, Bird Trophies, and Deer Hides.

    OMB Control Number: 0579-0307.

    Type of Request: Reinstatement of an information collection.

    Abstract: Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture is authorized, among other things, to prohibit or restrict the importation and interstate movement of animals and animal products to prevent the introduction into and dissemination within the United States of livestock diseases and pests. To carry out this mission, APHIS regulates the importation of animals and animal products into the United States. The regulations are contained in title 9, parts 91 through 99, of the Code of Federal Regulations (CFR).

    The regulations in 9 CFR part 95 (referred to below as the regulations) prohibit or restrict the importation of specified animal products into the United States to prevent the introduction into the U.S. livestock population of certain contagious animal diseases. Sections 95.16 and 95.17 of the regulations contain, among other things, specific processing, recordkeeping, and certification requirements for untanned hides and skins and bird trophies.

    The regulations require that shipments of hides be accompanied by certificates showing their origin and certifying that the hides are from areas free of certain animal diseases. Shipments of ruminant hides from Mexico must be accompanied by written statements indicating that the hides were frozen for 24 hours and treated for ticks. Shipments of bird trophies must be accompanied by certificates of origin certifying that the trophies are from regions free of exotic Newcastle disease and highly pathogenic avian influenza. These activities help ensure that the products do not harbor disease or ticks.

    We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities for 3 years.

    The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

    (1) Evaluate 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) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses.

    Estimate of burden: The public reporting burden for this collection of information is estimated to average 0.2 hours per response.

    Respondents: National government officials of the exporting country, owners of untanned ruminant and swine hides, and importers of untanned ruminant and swine hides.

    Estimated number of respondents: 264.

    Estimated number of responses per respondent: 2.59.

    Estimated annual number of responses: 683.

    Estimated total annual burden on respondents: 137 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)

    All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

    Done in Washington, DC, this 24th day of April 2017. Jere L. Dick, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2017-08605 Filed 4-27-17; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2017-0021] General Conference Committee of the National Poultry Improvement Plan; Meeting AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan.

    DATES:

    The General Conference Committee meeting will be held on May 18, 2017, from 7:30 a.m. to 12 p.m.

    ADDRESSES:

    The General Conference Committee meeting will be held at the Doubletree by Hilton, 363 Maine Mall Road, Portland, ME 04106.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Denise Brinson, Senior Coordinator, National Poultry Improvement Plan, VS, APHIS, USDA, 1506 Klondike Road, Suite 101, Conyers, GA 30094; (770) 922-3496.

    SUPPLEMENTARY INFORMATION:

    The General Conference Committee (the Committee) of the National Poultry Improvement Plan, representing cooperating State agencies and poultry industry members, serves an essential function by acting as liaison between the poultry industry and the Department in matters pertaining to poultry health.

    Topics for discussion at the upcoming meeting include:

    1. National Veterinary Services Laboratories (NVSL) Avian Influenza Update.

    2. Animal and Plant Health Inspection Service/Veterinary Services Update.

    3. Compartmentalization Program for Primary Breeders.

    4. NVSL Salmonella Update.

    5. New Diagnostic Tests.

    The meeting will be open to the public. However, due to time constraints, the public will not be allowed to participate in the discussions during the meeting. Written statements on meeting topics may be filed with the Committee before or after the meeting by sending them to the person listed under FOR FURTHER INFORMATION CONTACT. Written statements may also be filed at the meeting. Please refer to Docket No. APHIS-2017-0021 when submitting your statements.

    This notice of meeting is given pursuant to section 10 of the Federal Advisory Committee Act (5 U.S.C. App. 2).

    Done in Washington, DC, this 24th day of April 2017. Jere L. Dick, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2017-08601 Filed 4-27-17; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2017-0032] Notice of Request for Extension of Approval of an Information Collection; Credit Account Approval for Reimbursable Services AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Extension of approval of an information collection; comment request.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with credit account approval for reimbursable services.

    DATES:

    We will consider all comments that we receive on or before June 27, 2017.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0032.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-20173-0032, 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-2017-0032 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:

    For information on credit account approval for reimbursable services, contact Mrs. Kris Caraher, Accountant, Financial Management Division, APHIS, 4700 River Road Unit 55, Riverdale, MD 20737; (301) 851-2834. For copies of more detailed information on the information collection, contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.

    SUPPLEMENTARY INFORMATION:

    Title: Credit Account Approval for Reimbursable Services.

    OMB Control Number: 0579-0055.

    Type of Request: Extension of approval of an information collection.

    Abstract: The Animal and Plant Health Inspection Service (APHIS) provides the services of a Federal inspector to clear imported and exported agricultural commodities for animal and plant health purposes. These services are paid for by user fees during regular working hours. If an importer wishes to have shipments cleared at other hours, such services will usually be provided on a reimbursable overtime basis, unless already covered by a user fee. Exporters wishing cargo to be certified during nonworking hours may also utilize this procedure.

    Many importers and exporters who require inspection services are repeat customers who request that APHIS bill them. The Agency needs to collect certain information to conduct a credit check on prospective applicants to ensure creditworthiness prior to extending credit services and to prepare billings. Also, the Debt Collection Improvement Act of 1996, as amended (31 U.S.C. 3332), requires that agencies collect tax identification numbers from all persons doing business with the Government for purposes of collecting delinquent debts. APHIS Form 192 (Application for Credit Account) is used to collect this information and must be completed before credit is extended.

    We are asking the Office of Management and Budget (OMB) to approve our use of this information collection activity for an additional 3 years.

    The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

    (1) Evaluate 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) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses.

    Estimate of Burden: The public reporting burden for this collection of information is estimated to average 0.25 hours per response.

    Respondents: Importers, exporters, or brokers who wish to set up an account for billing of inspection services provided during nonworking hours.

    Estimated Annual Number of Respondents: 261.

    Estimated Annual Number of Responses per Respondent: 1.

    Estimated Annual Number of Responses: 261.

    Estimated Total Annual Burden on Respondents: 65 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)

    All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

    Done in Washington, DC, this 25th day of April 2017. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2017-08727 Filed 4-27-17; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Forest Service National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meetings.

    SUMMARY:

    The National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule Committee (Committee) will meet in Houston, Texas. Attendees may also listen via webinar and conference call. The Committee operates in compliance with the Federal Advisory Committee Act (FACA). Committee information can be found by visiting the Committee's Web site at: http://www.fs.usda.gov/main/planningrule/committee.

    DATES:

    The meetings will be held in-person and streamed via webinar/conference call on the following dates and times:

    • Tuesday, May 9, 2017 from 8:30 a.m. to 5:00 p.m. CST.

    • Wednesday, May 10, 2017 from 8:30 a.m. to 5:00 p.m. CST.

    • Thursday, May 11, 2017 from 8:30 a.m. to 1:00 p.m. CST.

    All meetings are subject to cancellation. For updated status of meetings prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at the Woodlands Waterway Marriott Hotel and Convention Center, 1601 Lake Robbins Drive, The Woodlands, Texas. For anyone who would like to attend via webinar and/or conference call, please visit the Web site listed above or contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses, when provided, are placed in the record and available for public inspection and copying. The public may inspect comments received at the USDA Forest Service Washington Office—Yates Building. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Crystal Merica, Committee Coordinator by phone at 202-205-3562, or by email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of this meeting is to provide:

    1. Continued deliberations on formulating advice for the Secretary,

    2. Discussion of Committee work group findings,

    3. Hearing public comments, and

    4. Administrative tasks.

    This meeting is open to the public. The agenda will include time for people to make oral comments of three minutes or less. Individuals wishing to make an oral comment should submit a request in writing by May 5, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the Committee may file written statements with the Committee's staff before or after the meeting. Written comments and time requests for oral comments must be sent to Crystal Merica, USDA Forest Service, Ecosystem Management Coordination, 201 14th Street SW., Mail Stop 1104, Washington, DC 20250-1104, or by email at [email protected] The agenda and summary of the meeting will be posted on the Committee's Web site within 21 days of the meeting.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Dated: April 13, 2017. Glenn Casamassa, Associate Deputy Chief, National Forest System.
    [FR Doc. 2017-08555 Filed 4-27-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Black Hills National Forest Advisory Board AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Black Hills National Forest Advisory Board (Board) will meet in Rapid City, South Dakota. The Board is established consistent with the Federal Advisory Committee Act of 1972, the Forest and Rangeland Renewable Resources Planning Act of 1974, the National Forest Management Act of 1976, and the Federal Public Lands Recreation Enhancement Act. Additional information concerning the Board, including the meeting summary/minutes, can be found by visiting the Board's Web site at: http://www.fs.usda.gov/main/blackhills/workingtogether/advisorycommittees.

    DATES:

    The meeting will be held on Wednesday, May 17, 2017, at 1:00 p.m.

    All meetings are subject to cancellation. For updated status of meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at the Forest Service Center, 8221 Mount Rushmore Road, Rapid City, South Dakota.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses, when provided, are placed in the record and available for public inspection and copying. The public may inspect comments received at the Black Hills National Forest Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Scott Jacobson, Committee Coordinator, by phone at 605-440-1409 or by email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to provide:

    (1) 2017 Recreation Event Permits;

    (2) Information Topic: National Forest System Trails Stewardship Act;

    (3) Black Hills Resilient Landscape Project update;

    (4) Teckla Osage 230 kV Powerline Update;

    (5) Non-motorized Trails—Working Group update; and

    (6) Black Hills National Forest Mobile App;

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should submit a request in writing by May 8, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the Board may file written statements with the Board's staff before or after the meeting. Written comments and time requests for oral comments must be sent to Scott Jacobson, Black Hills National Forest Supervisor's Office, 1019 North Fifth Street, Custer, South Dakota 57730; by email to [email protected], or via facsimile to 605-673-9208.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Dated: April 13, 2017. Glenn Casamassa, Associate Deputy Chief, National Forest System.
    [FR Doc. 2017-08556 Filed 4-27-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-122-858] Certain Softwood Lumber Products From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain softwood lumber products (softwood lumber) from Canada. The period of investigation is January 1, 2015, through December 31, 2015.

    DATES:

    Effective April 28, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Lana Nigro (Tolko), Toby Vandall (Canfor), Justin Neuman (JDIL), Patricia Tran (West Fraser), and Kristen Johnson (Resolute), AD/CVD Operations, Offices I and III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1779, (202) 482-1664, (202) 482-0486, (202) 482-1503, and (202) 482-4793, respectively.

    SUPPLEMENTARY INFORMATION: Background

    This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on December 22, 2017.1 On February 2, 2017, the Department postponed the preliminary determination of this investigation and the revised deadline is now April 24, 2017.2

    1See Certain Softwood Lumber Products from Canada: Initiation of Countervailing Duty Investigation, 81 FR 93897 (December 22, 2016) (Initiation Notice).

    2See Certain Softwood Lumber Products from Canada: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 82 FR 9055 (February 2, 2017).

    On April 13, 2017, the Department preliminarily determined that critical circumstances exist with respect to certain companies.3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content.

    3See Antidumping and Countervailing Duty Investigations of Certain Softwood Lumber Products from Canada: Preliminary Determinations of Critical Circumstances, signed April 13, 2017 (Preliminary CC Determination).

    4See Memorandum, “Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Softwood Lumber Products from Canada,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Investigation

    The product covered by this investigation is softwood lumber from Canada. For a complete description of the scope of this investigation, see Appendix I.

    Scope Comments

    In accordance with the preamble to the Department's regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice as well as on additional language proposed by the Department. On March 29, 2017, a letter presenting a proposal for company exclusions was filed on behalf of the Government of Canada (GOC), Canadian provincial and territorial governments, as well as the Canadian industry associations.7 The Department finds that it lacks the authority to conduct the requested company exclusion process in the context of this countervailing duty investigation (CVD) on softwood lumber from Canada.8

    5See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).

    6See Initiation Notice.

    7See letter from the Government of Canada, “Proposal for Company Exclusions,” dated March 29, 2017; see also letter from the Government of New Brunswick, “Softwood Lumber from Canada: Proposals for Product- or Company-Based Exclusions from the CVD Investigation,” dated March 31, 2017; letter from Government of British Columbia, “Certain Softwood Lumber Products from Canada: Comments in Support of Clarifying and Exclusionary Language Proposed by Canada Regarding the Scope of these Investigations,” dated April 3, 2017.

    8See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, dated April 24, 2017.

    With respect to other proposed scope exclusions, including the request to exclude merchandise from certain provinces, the Department is inviting comments on those proposed exclusions and will incorporate the decisions into the final CVD and AD determinations after considering any relevant comments submitted in case and rebuttal briefs. Comments on any proposed scope exclusions are due no later than seven days of publication of this notice in the Federal Register. Please note that the Department will not accept any new factual information in these submissions. The Department intends to set the same deadline on the record of the companion AD investigation. For further information regarding proposed scope excusions, see the Preliminary Decision Memorandum accompanying this notice.

    Methodology

    The Department is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, the Department preliminarily determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific.9

    9See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

    Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of softwood lumber from Canada based on a request made by the petitioner.10 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than September 6, 2017, unless postponed.

    10See Letter from the petitioner, “Certain Softwood Lumber Products from Canada: Request for Alignment of the Countervailing Duty Final Determination with the Companion Antidumping Duty Final Determination” dated April 13, 2017.

    All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, the Department shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act.

    In this investigation, the Department calculated individually estimated countervailable subsidy rates for Canfor Corporation (Canfor), J.D. Irving, Limited (JDIL),11 Resolute FP Canada Inc. (Resolute), Tolko Marketing and Sales Ltd. (Tolko), and West Fraser Timber Co. Ltd. (West Fraser), that are not zero, de minimis, or based entirely on facts otherwise available. The Department calculated the all-others rate using a weighted-average of the individually estimated subsidy rates calculated for the examined respondents using each company's business proprietary data for the merchandise under consideration.12

    11See MacLean-Fogg Co. v. United States, 753 F.3d 1237 (Fed. Cir. 2014) (holding that voluntary respondents are considered “individually investigated” for purposes of calculating the all-others rate). The Department accepted JDIL as a voluntary respondent in this investigation.

    12See Memorandum to the File, “Calculation of the “All-Others” Rate in the Preliminary Determination of the Countervailing Duty Investigation of Softwood Lumber Products from Canada” (April 24, 2017).

    Preliminary Determination

    The Department preliminarily determines that the following estimated countervailable subsidy rates exist:

    Company Subsidy rate
  • (%)
  • Canfor Corporation and its cross-owned affiliates 13 20.26 J.D. Irving, Limited and its cross-owned affiliates 14 3.02 Resolute FP Canada Inc. and its cross-owned affiliates 15 12.82 Tolko Marketing and Sales Ltd. and its cross-owned affiliates 16 19.50 West Fraser Mills Ltd. and its cross-owned affiliates 17 24.12 All-Others: 19.88
    Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the rates indicated above.

    13 The Department preliminarily has found the following companies to be cross-owned with Canfor Corporation: Canadian Forest Products, Ltd., and Canfor Wood Products Marketing, Ltd.

    14 The Department preliminarily has found the following companies to be cross-owned with JDIL: Miramichi Timber Holdings Limited, The New Brunswick Railway Company, Rothesay Paper Holdings Ltd., St. George Pulp & Paper Limited, and Irving Paper Limted.

    15 The Department preliminarily has found the following companies to be cross-owned with Resolute: Resolute Growth Canada Inc., Resolute Sales Inc., Abitibi-Bowater Canada Inc., Bowater Canadian Ltd., Resolute Forest Products Inc., Produits Forestiers Maurice S.E.C., and 9192-8515 Quebec Inc.

    16 The Department preliminarily has found the following companies to be cross-owned with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited Partnership.

    17 The Department preliminarily has found the following companies to be cross-owned with West Fraser: West Fraser Timber Co. Ltd., West Fraser Alberta Holdings, Ltd., Blue Ridge Lumber Inc., Manning Forest Products, Ltd., Sunpine Inc., and Sundre Forest Products Inc.

    Section 703(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. As discussed in Preliminary CC Determination, the Department preliminarily found that critical circumstances exist for imports of subject merchandise produced and/or exported by JDIL and the companies subject to the All-Others rate.18 Accordingly, in accordance with section 703(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise from the exporters/producers identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice.

    18See Antidumping and Countervailing Duty Investigations of Certain Softwood Lumber Products from Canada: Preliminary Determinations of Critical Circumstances, signed April 12, 2017 (Preliminary CC Determination).

    Disclosure

    The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement or within five days of the date of this notice in accordance with 19 CFR 351.224(b).

    Verification

    As provided in section 782(i)(1) of the Act, the Department intends to verify the information relied upon in making its final determination.

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.19 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    19See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined and interested parties will be notified by the Department, via letter. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    International Trade Commission Notification

    In accordance with section 703(f) of the Act, the Department will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination.

    Notification to Interested Parties

    This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: April 24, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise covered by this investigation is softwood lumber, siding, flooring and certain other coniferous wood (“softwood lumber products”). The scope includes:

    • Coniferous wood, sawn, or chipped lengthwise, sliced or peeled, whether or not planed, whether or not sanded, or whether or not finger-jointed, of an actual thickness exceeding six millimeters.

    • Coniferous wood siding, flooring, and other coniferous wood (other than moldings and dowel rods), including strips and friezes for parquet flooring, that is continuously shaped (including, but not limited to, tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded) along any of its edges, ends, or faces, whether or not planed, whether or not sanded, or whether or not end-jointed.

    • Coniferous drilled and notched lumber and angle cut lumber.

    • Coniferous lumber stacked on edge and fastened together with nails, whether or not with plywood sheathing.

    • Components or parts of semi-finished or unassembled finished products made from subject merchandise that would otherwise meet the definition of the scope above.

    Softwood lumber product imports are generally entered under Chapter 44 of the Harmonized Tariff Schedule of the United States (“HTSUS”). This chapter of the HTSUS covers “Wood and articles of wood.” Softwood lumber products that are subject to this investigation are currently classifiable under the following ten-digit HTSUS subheadings in Chapter 44: 4407.10.01.01; 4407.10.01.02; 4407.10.01.15; 4407.10.01.16; 4407.10.01.17; 4407.10.01.18; 4407.10.01.19; 4407.10.01.20; 4407.10.01.42; 4407.10.01.43; 4407.10.01.44; 4407.10.01.45; 4407.10.01.46; 4407.10.01.47; 4407.10.01.48; 4407.10.01.49; 4407.10.01.52; 4407.10.01.53; 4407.10.01.54; 4407.10.01.55; 4407.10.01.56; 4407.10.01.57; 4407.10.01.58; 4407.10.01.59; 4407.10.01.64; 4407.10.01.65; 4407.10.01.66; 4407.10.01.67; 4407.10.01.68; 4407.10.01.69; 4407.10.01.74; 4407.10.01.75; 4407.10.01.76; 4407.10.01.77; 4407.10.01.82; 4407.10.01.83; 4407.10.01.92; 4407.10.01.93; 4409.10.05.00; 4409.10.10.20; 4409.10.10.40; 4409.10.10.60; 4409.10.10.80; 4409.10.20.00; 4409.10.90.20; 4409.10.90.40; and 4418.90.25.00.

    Subject merchandise as described above may also be classified as stringers, square cut box-spring-frame components, fence pickets, truss components, pallet components, flooring, and door and window frame parts under the following ten-digit HTSUS subheadings in Chapter 44: 4415.20.40.00; 4415.20.80.00; 4418.90.46.05; 4418.90.46.20; 4418.90.46.40; 4418.90.46.95; 4421.90.70.40; 4421.90.94.00; and 4421.90.97.80.

    Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments and Requests for Exclusion IV. Scope of the Investigation V. Subsidies Valuation VI. Analysis of Programs VII. Calculation of the All-Others Rate VIII. ITC Notification IX. Disclosure and Public Comment X. Verification XI. Conclusion
    [FR Doc. 2017-08673 Filed 4-27-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE201 Deepwater Horizon Oil Spill; Notice of Intent To Conduct Strategic Restoration Planning That Considers Existing Projects for Barataria Bay, Louisiana and To Initiate Restoration Planning With Regard to the Mid-Barataria Sediment Diversion AGENCY:

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

    ACTION:

    Notice of intent to prepare a Strategic Restoration Plan for Barataria Basin, Louisiana, and to initiate restoration planning with regard to the Mid-Barataria Sediment Diversion.

    SUMMARY:

    NOAA, on behalf of the Federal and state natural resource trustees for the Louisiana Trustee Implementation Group (Louisiana TIG Trustees) for the Deepwater Horizon (DWH) oil spill, is initiating two actions with this notice.

    First, the Louisiana TIG Trustees are announcing their intent to prepare a Strategic Restoration Plan for Barataria Basin, Louisiana, pursuant to the Deepwater Horizon Programmatic Damage Assessment and Restoration Plan and Programmatic Environmental Impact Statement (PDARP/PEIS) (Feb 2016). This Barataria Basin Strategic Restoration Plan, referred to herein as the Phase I Plan, will consider identifying habitat restoration components of the Louisiana Draft 2017 Coastal Master Plan (draft 2017 CMP) to serve as an Oil Pollution Act (OPA) Strategic Restoration Plan for restoring wetland, coastal, and nearshore habitat in Barataria Basin, Louisiana, consistent with OPA and with the Trustees' PDARP/PEIS. The Louisiana TIG Trustees will consider whether a combination of Barataria Basin habitat restoration projects in the draft 2017 CMP constitutes a preferred alternative, among other feasible alternatives, for fulfilling OPA's and the PDARP/PEIS's intent for the trustees to address ecosystem-level injuries and to restore, rehabilitate, replace, or acquire the equivalent of the injured wetland, coastal and nearshore habitat resources and services and compensate for interim losses of those resources from the Deepwater Horizon oil spill. Any projects or suites of projects that are ultimately included in the resulting Strategic Restoration Plan will be further analyzed in subsequent phased restoration plans and their accompanying environmental impact analyses as required by OPA, NEPA, and the Trustees' PDARP/PEIS.

    Second, the Louisiana TIG Trustees are providing notice of the initiation of restoration planning, including analysis of the Mid-Barataria Sediment Diversion and appropriate alternatives to partially restore ecosystem and wetland, coastal and nearshore habitat resources and services in Barataria Basin, and compensate for interim losses of those resources and services, injured by the Deepwater Horizon oil spill. This potential Mid-Barataria Sediment Diversion Restoration Plan is referred to herein as the Phase 2 Plan. The Louisiana TIG Trustees are evaluating whether the Mid-Barataria Sediment Diversion is an appropriate project for restoring injuries from the Deepwater Horizon oil spill, and the Louisiana TIG Trustees anticipate that their decision in that regard will be informed by the results of the Phase 1 Plan. Further, by separate Supplemental Notice of Intent, the U.S. Army Corps of Engineers (USACE) is announcing its intent, as part of its review under section 404 of the Clean Water Act, section 10 of the Rivers and Harbors Act of 1899 (“Section 10/404”), and section 408 of the Rivers and Harbors Appropriation Act of 1899, as amended (“Section 408”), to prepare a draft Environmental Impact Statement (“EIS”) pursuant to the National Environmental Policy Act of 1969 (NEPA). USACE will use the EIS, in conjunction with other relevant materials, to inform decision-making on the Department of the Army, section 10/404 and section 408 requests for permits and permissions for the Mid-Barataria Sediment Diversion. In order to capitalize on that ongoing environmental review, the Louisiana TIG Trustees are, at this time, requesting input on the scope of the USACE EIS via the process outlined in the coordinated USACE NOI. The LA TIG is supporting the development of the USACE EIS with the potential for the EIS to serve as the EIS for the Phase 2 Restoration Plan. The Louisiana TIG Trustees will additionally seek formal public involvement in the Phase 2 Draft Restoration Plan process in accordance with applicable Federal regulations and consistent with the PDARP/PEIS.

    DATES:

    The date, time, and location of the formal public comment portion of this scoping period for the USACE EIS are yet to be determined. This information will be made available to the public on the DWH Trustees' Louisiana TIG Web page, (http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana), the USACE-MVN's Web page (http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/), and via a future Federal Register notice. The Louisiana TIG Trustees will additionally seek formal public involvement in the Phase 2 Draft Restoration Planning process in accordance with applicable federal regulations and consistent with the PDARP/PEIS. The date, time, and location of the formal public involvement period for the Phase 2 Restoration Plan process are yet to be determined. This information will be made available to the public via a future Federal Register notice and on the DWH Trustees' Louisiana TIG Web page, (http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana).

    FOR FURTHER INFORMATION CONTACT:

    • NOAA: Mel Landry, [email protected]

    • LOUISIANA: Liz Williams, [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    On April 20, 2010, the mobile offshore drilling unit, Deepwater Horizon, which was being used to drill a well for BP Exploration and Production Inc. (BP), in the Macondo prospect (Mississippi Canyon 252—MC252), exploded, caught fire and subsequently sank in the Gulf of Mexico, resulting in an unprecedented volume of oil and other discharges from the rig and from the wellhead on the seabed. The Deepwater Horizon oil spill is the largest oil spill in U.S. history, discharging millions of barrels of oil over a period of 87 days. In addition, well over one million gallons of dispersants were applied to the waters of the spill area in an attempt to disperse the spilled oil. An undetermined amount of natural gas was also released to the environment as a result of the spill.

    The Deepwater Horizon State and Federal natural resource trustees (DWH Trustees) conducted the natural resource damage assessment (NRDA) for the Deepwater Horizon oil spill under the Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.). Pursuant to OPA, Federal and State agencies act as trustees on behalf of the public to assess natural resource injuries and losses and to determine the actions required to compensate the public for those injuries and losses. OPA further instructs the designated trustees to develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the injured natural resources under their trusteeship, including the loss of use and services from those resources from the time of injury until the time of restoration to baseline (the resource quality and conditions that would exist if the spill had not occurred) is complete.

    Upon completion of the NRDA, the DWH Trustees reached and finalized a settlement of their natural resource damage claims with BP in a Consent Decree 1 approved by the United States District Court for the Eastern District of Louisiana. Pursuant to that Consent Decree, restoration projects in Louisiana are now chosen and managed by the Louisiana TIG. The Louisiana TIG is composed of the following Trustees:

    1https://www.justice.gov/enrd/file/838066/download.

    • U.S. Department of the Interior, as represented by the National Park Service, U.S. Fish and Wildlife Service, and Bureau of Land Management;

    • National Oceanic and Atmospheric Administration, on behalf of the U.S. Department of Commerce;

    • U.S. Department of Agriculture;

    • U.S. Environmental Protection Agency;

    • Louisiana Coastal Protection and Restoration Authority;

    • Louisiana Department of Natural Resources;

    • Louisiana Department of Environmental Quality;

    • Louisiana Oil Spill Coordinator's Office; and

    • Louisiana Department of Wildlife and Fisheries.

    These restoration planning activities are proceeding in accordance with the PDARP/PEIS. Information on the Restoration Type: Restore Wetlands, Coastal, and Nearshore Habitats, as well as the OPA criteria against which projects will be evaluated, can be found in the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and in the Overview of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).

    Overview of Action

    The first action taken in this Notice is to inform the public that the Louisiana TIG Trustees intend to prepare a Strategic Restoration Plan for Barataria Basin pursuant to the PDARP/PEIS and OPA. The Trustees intend to consider the use of wetlands, coastal and nearshore habitat projects or suites of projects from the Draft 2017 CMP as the basis for that Strategic Restoration Plan. Those Draft 2017 CMP projects will be evaluated under applicable authorities in comparison to other feasible alternatives for restoring wetland, coastal and nearshore habitat and services injured by the Deepwater Horizon oil spill.

    The PDARP/PEIS provides TIGs the option to prepare strategic restoration plans “to focus and sequence priorities within a Restoration Area” and to “consider resources at the ecosystem level, while implementing restoration at the local level.” (PDARP Section 7.3.1). In addition, the NRDA implementing regulations specifically allow trustees to consider the use of existing projects (15 CFR 990.56), such as those identified in the draft 2017 CMP. The Louisiana TIG is proposing that this Strategic Restoration Plan will focus on wetland, coastal, and nearshore habitat restoration type projects in the Barataria Basin restoration area because the PDARP/PEIS found that Barataria Basin experienced some of the heaviest and persistent oiling from the DWH spill and because the Basin supports very high primary and secondary production that contributes to the overall health of the northern Gulf of Mexico ecosystem.

    The Louisiana TIG anticipates that the Strategic Restoration Plan for Barataria Basin will select for further funding and development most, if not all, of the remaining projects applicable under the “Wetlands, Coastal, and Nearshore Habitats” Restoration Type to be implemented in the Barataria Basin by the Louisiana TIG under the PDARP/PEIS. Developing such a strategic plan for much of Barataria Basin restoration for this Restoration Type will allow the Louisiana TIG to identify a suite of projects that, taken together, best achieve the “integrated ecosystem restoration” called for in Chapter 5 of the PDARP/PEIS. A decision in the strategic plan to fund further development of projects will not be a final decision by the Louisiana TIG to proceed with implementation of those projects. Information about the “Wetlands, Coastal, and Nearshore Habitats” Restoration Type as well as the OPA criteria against which projects will be evaluated can be found in the PDARP/PEIS.

    The second action taken in this Notice is to inform the public of the Louisiana TIG Trustees' initiation of restoration planning, which will include the preparation of a restoration plan (the Phase 2 Plan) that evaluates the Mid-Barataria Sediment Diversion project as a means of restoring injured wetland, coastal and nearshore resources and services in Barataria Basin to restore for injuries resulting from the Deepwater Horizon oil spill. The Louisiana TIG began this restoration planning effort on March 28, 2017, by requesting project ideas from the public. At that time, the Louisiana TIG requested project ideas that could benefit wetlands, coastal, and nearshore habitats in the Barataria Basin, the estuary most heavily impacted by the DWH oil spill. That notice was published on the Louisiana TIG Web site: (http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana).

    The Mid-Barataria Sediment Diversion, a large-scale sediment diversion, is one of the projects proposed in the Draft 2017 CMP. While the Louisiana TIG Trustees have not yet decided to move forward with a restoration plan for a Mid-Barataria Sediment Diversion, the project currently is undergoing engineering and design and supplemental scoping for preparation of an EIS, led by the USACE based on permit applications submitted by the Louisiana Coastal Protection and Restoration Authority pursuant to the provisions of section 404 of the Clean Water Act, section 10 of the Rivers and Harbors Appropriation Act of 1899, and section 14 of the Rivers and Harbors Appropriation Act of 1899, as amended. To facilitate the potential consideration of this project under OPA, it is the intent of the state and Federal Louisiana TIG Trustees to assist the USACE in the preparation of the EIS for the Mid-Barataria Sediment Diversion. In addition, the Federal Louisiana TIG Trustees are cooperating agencies with the USACE for the preparation of that EIS. In a coordinated Federal Register notice, the USACE is issuing a supplemental Notice of Intent regarding the scope of the EIS for the project, including the potential for the EIS to inform a NRDA decision on restoration planning in which case the Louisiana TIG Trustees would adopt the EIS for such purposes. The Louisiana TIG is seeking to facilitate public involvement regarding the EIS, and encourages interested person and entities to submit comments in response to the USACE EIS process regarding the Mid-Barataria Sediment Diversion.

    Next Steps

    With regard to the Phase 1 Plan, the Louisiana TIG Trustees will proceed with consideration of whether a combination of projects in the Draft 2017 CMP provides a basis for a Strategic Restoration Plan for Barataria Basin.

    With regard to the potential Phase 2 Plan, the Louisiana TIG Trustees will review all public input received as part of the USACE's scoping process for the preparation of an EIS for the proposed Mid-Barataria Sediment Diversion project as the Trustees work with the USACE to prepare an EIS that supports both the USACE regulatory decisions and OPA restoration planning decisions. The Louisiana TIG Trustees will additionally seek formal public involvement in the Phase 2 Draft Restoration Plan process in accordance with applicable federal regulations and consistent with the PDARP/PEIS.

    Administrative Record

    The documents included in the Administrative Record can be viewed electronically at the following location: http://www.doi.gov/deepwaterhorizon/adminrecord.

    The Trustees opened a publicly available Administrative Record for the NRDA for the Deepwater Horizon oil spill, including restoration planning activities, concurrently with publication of the 2011 Notice of Intent (NOI) to Begin Restoration Scoping and Prepare a Gulf Spill Restoration Planning PEIS (pursuant to 15 CFR 990.45). The Administrative Record includes the relevant administrative records since its date of inception. This Administrative Record is actively maintained and available for public review.

    Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and the implementing NRDA regulations found at 15 CFR part 990 and NEPA (42 U.S.C. 4321 et seq.).

    Dated: April 21, 2017. Carrie Selberg, Deputy Director, Office of Habitat Conservation, National Marine Fisheries Service.
    [FR Doc. 2017-08591 Filed 4-27-17; 8:45 am] BILLING CODE 3510-22-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Deletion AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Deletion from the Procurement List.

    SUMMARY:

    This action deletes a product from the Procurement List previously furnished by a nonprofit agency employing persons who are blind or have other severe disabilities.

    DATES:

    Effective May 28, 2017.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Amy B. Jensen, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    Deletion

    On 3/24/2017 (82 FR 15047), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed deletion from the Procurement List.

    After consideration of the relevant matter presented, the Committee has determined that the product listed below is no longer suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in additional reporting, recordkeeping or other compliance requirements for small entities.

    2. The action may result in authorizing a small entity to furnish the product to the Government.

    3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the product deleted from the Procurement List.

    End of Certification

    Accordingly, the following product is deleted from the Procurement List:

    Product NSN(s)—Product Name(s): 4610-01-117-8271—Bag, Drinking Water Storage Mandatory Source(s) of Supply: Huntsville Rehabilitation Foundation, Huntsville, AL Contracting Activity: Defense Logistics Agency Land and Maritime Amy B. Jensen, Director, Business Operations.
    [FR Doc. 2017-08614 Filed 4-27-17; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List: Proposed Additions and Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Proposed additions to and deletions from the Procurement List.

    SUMMARY:

    The Committee is proposing to add products to the Procurement List that will be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities, and deletes products and a service previously furnished by such agencies.

    DATES:

    Comments must be received on or before May 28, 2017.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Amy B. Jensen, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

    Additions

    If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice will be required to procure the products listed below from the nonprofit agency employing persons who are blind or have other severe disabilities.

    The following products are proposed for addition to the Procurement List for production by the nonprofit agency listed:

    Products NSN(s)—Product Name(s): 5180-01-563-6719—Kit, Urban Operation Tools, Squad 5180-01-631-3029—Kit, Urban Operations Tools, Platoon Mandatory Source(s) of Supply: Wiscraft, Inc., Milwaukee, WI Mandatory for: 100% of the requirements of the U.S. Army Contracting Activity: U.S. Army TACOM LCMC ILSC—SKOT Group Distribution: C-List Deletions

    The following products and service are proposed for deletion from the Procurement List:

    Products: NSN(s)—Product Name(s): 7530‐01‐368‐3491—Index Dividers, White Tabs with Black Print, January-December Mandatory Source(s) of Supply: South Texas Lighthouse for the Blind, Corpus Christi, TX Contracting Activities: General Services Administration, New York, NY Department of Veterans Affairs, Strategic Acquisition Center NSN(s)—Product Name(s): 7930-00-NIB-0210 Cleaner, Phenolic Disinfectant, Concentrate, 2 Liter 7930-01-381-5957 Cleaner, Pretreatment Carpet, Concentrate, 2 Liter 7930-01-412-1031 Cleaner, Scotchgard Bonnet, Concentrate, 2 Liter Mandatory Source(s) of Supply: Beacon Lighthouse, Inc., Wichita Falls, TX Contracting Activity: Department of Veterans Affairs, Strategic Acquisition Center NSN(s)—Product Name(s): 7350-01-359-9524—Cup, Paper, Recyclable, White, 9 oz. Mandatory Source(s) of Supply: Clovernook Center for the Blind and Visually Impaired, Cincinnati, OH Contracting Activity: General Services Administration, Fort Worth, TX NSN(s)—Product Name(s): 7520-01-624-9379—Pen, Roller Ball, Liquid Ink, Retractable, Needle Point, Airplane Safe, 0.5mm, Refillable, Black, EA 7520-01-624-9383—Pen, Roller Ball, Liquid Ink, Retractable, Needle Point, Airplane Safe, 0.5mm, Refillable, Blue, EA 7520-01-624-9384—Pen, Roller Ball, Liquid Ink, Retractable, Needle Point, Airplane Safe, 0.7mm, Refillable, Black, EA 7520-01-624-9385—Pen, Roller Ball, Liquid Ink, Retractable, Needle Point, Airplane Safe, 0.7mm, Refillable, Blue, EA Mandatory Source(s) of Supply: San Antonio Lighthouse for the Blind, San Antonio, TX Contracting Activity: General Services Administration, New York, NY NSN(s)—Product Name(s): 7520-01-466-0485—Tray, Desk, Plastic Mandatory Source(s) of Supply: LC Industries, Inc., Durham, NC Contracting Activity: General Services Administration, New York, NY NSN(s)—Product Name(s): 891500-NSH-0145—Diced Green Peppers Diced Green Peppers 891500-NSH-0146—Sliced Yellow Onions Sliced Yellow Onions 891500-NSH-0147—Cole Slaw with Carrots Mandatory Source(s) of Supply: Employment Solutions, Inc., Lexington, KY Contracting Activity: Department of Justice, Federal Prison System NSN(s)—Product Name(s):MR 942—Cloth, Dish, 2 pack Mandatory Source(s) of Supply: Lions Services, Inc., Charlotte, NC Contracting Activity: Defense Commissary Agency NSN(s)—Product Name(s): 1430-01-133-8435—Bag, Storage Mandatory Source(s) of Supply: Huntsville Rehabilitation Foundation, Huntsville, AL Contracting Activity: Defense Logistics Agency Land and Maritime Service Service Type: Customization & Distribution of NRPM Service Department of the Navy, FISC Norfolk: Detachment 1322 Patterson Ave. SE. Washington Navy Yard, Washington DC Mandatory Source(s) of Supply: Industries for the Blind, Inc., West Allis, WI Contracting Activity: Dept of Defense/Department of the Navy Amy B. Jensen, Director, Business Operations.
    [FR Doc. 2017-08613 Filed 4-27-17; 8:45 am] BILLING CODE 6353-01-P
    COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Proposed Collection Revision, Comment Request: Adoption of Revised Registration Form 8-R and Cancellation of Form 3-R AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commodity Futures Trading Commission (“CFTC” or the “Commission”) is announcing an opportunity for public comment on the proposed revision to the collection of certain information by the Commission. Under the Paperwork Reduction Act (“PRA”), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment. The Commission revised its Form 8-R, the application form that individuals use to register with the Commission or to be listed as a principal. This notice solicits comments on the PRA implications of the revisions to Form 8-R, including comments that address the burdens associated with the modified information collection requirements of the revised Form 8-R. Additionally, this notice also solicits comments on the PRA implications of reassigning the burdens associated with the information collections requirements of Commission Form 3-R, which is no longer used, to Commission Forms 7-R and 8-R.

    DATES:

    Comments must be submitted on or before June 27, 2017.

    ADDRESSES:

    You may submit comments, identified by “OMB control numbers 3038-0023 and 3038-0072; Adoption of Revised Registration Form 8-R and Cancellation of Form 3-R,” by any of the following methods:

    • The Commission's Web site, via its Comments Online process at http://comments.cftc.gov/. Follow the instructions for submitting comments through the Web site.

    Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

    Hand Delivery/Courier: Same as Mail above.

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

    Please submit your comments using only one method.

    All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http://www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in Regulation 145.9.1

    1 17 CFR 145.9.

    The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the information collection request will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act.

    FOR FURTHER INFORMATION CONTACT:

    Laura Gardy, Associate Director, (202) 418-7645, [email protected]; or August A. Imholtz III, Special Counsel, (202) 418-5140, [email protected], Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, 1155 21st Street NW., Washington, DC 20581.

    SUPPLEMENTARY INFORMATION:

    Under the PRA, Federal agencies must obtain approval from the Office of Management and Budget (“OMB”) for each collection of information they conduct or sponsor. “Collection of Information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information before submitting the collection to OMB for approval. To comply with this requirement, the CFTC is publishing notice of the proposed revision to the collections of information listed below. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB number.

    Titles: Registration Under the Commodity Exchange Act (OMB control number 3038-0023); Registration of Swap Dealers and Major Swap Participants (OMB control number 3038-0072). This is a request for extension and revision of these currently approved information collections.

    Abstract: The Commission recently revised its Form 8-R, the application form that individuals must use to register with the Commission as an associated person, floor broker, or floor trader, or to be listed as a principal. The collections of information related to Form 8-R were previously approved by OMB in accordance with the PRA and assigned OMB control numbers 3038-0023 and 3038-0072. Additionally, the Commission no longer requires individuals and entities to use Commission Form 3-R to update their registration information, which now can be updated directly on Forms 7-R or 8-R. The Commission therefore is reassigning to Forms 7-R and 8-R the information collection burdens previously associated with Commission Form 3-R. The collection of information related to Form 3-R was previously approved by OMB in accordance with the PRA and assigned OMB control number 3038-0023.

    1. Form 8-R Revision

    The revised Form 8-R contains several changes that increase the existing information collection burden, currently 0.8 hours, associated with Form 8-R. The Commission estimates that the changes, which are discussed below, when considered together in aggregate add a total of 0.1 burden hours to the information collection burdens associated with Form 8-R.

    First, in the “Fingerprint Card Information” section, revised Form 8-R adds two new questions. One new question addresses new requirements and exemptions thereto contained in Commission Regulation 3.21(e) applicable to non-U.S. persons. The other new question addresses the fingerprinting requirement exception for certain outside directors of registered firms. Second, in the section titled “Disciplinary Information—Regulatory Disclosures,” a new question was added to existing Question E. Among other things, Question E inquires whether the applicant (or an entity of which the applicant was a principal) violated, or aided and abetted the violation of, any investment-related statutes or regulations, a potential statutory basis for refusing or conditioning registration. The new question directs the applicant to disclose whether he or she has ever been found to have “failed to supervise another person's activities under any investment-related statute or regulation.” Third, in the section titled “Disciplinary Information—Financial Disclosures,” the Commission revised Question J. Prior to the revision, Question J asked whether the applicant has “currently failed to comply with any order to pay any futures-related civil monetary penalties, restitution amounts, disgorgement amounts, reparation amounts or arbitration awards.” As revised, Question J now inquires whether the applicant “failed to pay any arbitration awards involving CFTC-regulated products, CFTC civil monetary penalties, CFTC restitution amounts, CFTC disgorgement amounts, or CFTC reparation amounts.”

    The revised Form 8-R also contains several changes that do not alter the information collection burdens associated with Form 8-R. First, the revised Form 8-R combines into a single form two separate, existing versions of the Form 8-R, the Form 8-R “Individual Application” and the Form 8-R “Floor Trader Order Enterer Individual Application,” both of which were previously approved by OMB. In the section titled “Sponsor Information and Registration Categories,” the revised Form 8-R adds “floor trader order enterer” as a new category of persons that can be associated with a sponsor. Also in connection with this change, the revised Form 8-R includes two newly defined terms: “entity floor trader” and “floor trader order enterer.” Second, in the section titled “Principal Information,” the prior version of Form 8-R contained a blank space in which an applicant entered a title. In the revised Form 8-R, the space is replaced with a list of available titles for applicants to choose from. Third, NFA is simplifying the process by which it requests supplemental information and documentation regarding the applicant's criminal, regulatory or financial disclosures. The prior version of Form 8-R requested that applicants provide a written explanation of the facts and circumstances regarding any such disclosures. Applicants were also separately requested to provide NFA with copies of pertinent documents associated with each disclosure. To consolidate and modernize this process, the revised Form 8-R allows applicants to complete a separate “Disclosure Matter Page” for each matter, instance or event requiring disclosure and to simultaneously upload all pertinent documents associated with each disclosure. The Disclosure Matter Page provides applicants with an efficient and effective method of supplying the supplemental information and documentation that NFA requests in the normal course whenever an applicant responds affirmatively to any of the questions regarding criminal, regulatory or financial disclosures.

    Lastly, the revised Form 8-R contains numerous changes to the language, formatting and organization of Form 8-R, all of which—individually and collectively—do not alter the information collection burdens associated with Form 8-R. The only changes to Form 8-R that affect the information collection burdens associated with the form are those discussed above.

    2. Cancellation of Form 3-R

    Commission Regulations 3.11 and 3.31 historically required entities and individuals to use Commission Form 3-R to update or correct certain types of information that originally was supplied on Commission Forms 7-R or 8-R, the registration forms for entities and individuals respectively. Regulations 3.11 and 3.31 were amended in 2012 to reflect a new practice whereby Forms 7-R and 8-R could be directly updated online, and the requirement to use Form 3-R for updates, or for any other purpose, was deleted from the Commission rules. At that time, however, the Commission did not reassign to Forms 7-R and 8-R the information collection burden associated with the Form 3-R. The Commission is doing so now.

    The information collection burden associated with Form 3-R is 0.1 hours. In reassigning that burden to Forms 7-R and 8-R, the Commission believes that it is appropriate to adopt a conservative approach and assign an additional 0.1 hours each to the Form 7-R and 8-R. Accordingly, by virtue of cancelling Form 3-R, and reassigning to Forms 7-R and 8-R the information collection burdens associated with Form 3-R, the information collections burdens for Forms 7-R and 8-R each will increase by 0.1 hours. The reassignment of the information collection burden from Form 3-R to Forms 7-R and 8-R reallocates the information collection burdens within OMB control number 3038-0023, and does not increase or decrease the total information collection burden under that control number.

    3. Invitation to Comment

    With respect to the information collections discussed above, the CFTC invites comments on:

    • Whether the proposed revision to the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use;

    • The accuracy of the Commission's estimate of the burden of the proposed revision to the collection of information, including the validity of the methodology and assumptions used;

    • Ways to enhance the quality, usefulness, and clarity of the information to be collected; and

    • Ways to minimize the burden of collection of information on those who are to respond, including through the further use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses.

    Burden Statement: As explained above, the Commission believes that the revisions to Form 8-R increase the information collection burdens associated with that Form under OMB control numbers 3038-0023 and 3038-0072. Additionally, the Commission believes that reassigning to Forms 7-R and 8-R the information collection burdens formerly associated with Commission Form 3-R reallocates the information collection burdens within OMB control number 3038-0023, and therefore does not increase or decrease the total information collection burden under that control number.

    The Commission estimates the burden of this collection of information under OMB control number 3038-0023 to be:

    Respondents/Affected Entities: (1) Users of Form 7-R, specifically futures commission merchants, retail foreign exchange dealers, introducing brokers, commodity trading advisors, commodity pool operators, floor trader firms, and leverage transaction merchants; and (2) users of Form 8-R, specifically (i) associated persons of futures commission merchants, retail foreign exchange dealers, introducing brokers, commodity trading advisors, commodity pool operators, and leverage transaction merchants; floor brokers; (ii) principals of futures commission merchants, retail foreign exchange dealers, introducing brokers, commodity trading advisors, commodity pool operators, floor trader firms, or leverage transaction merchants; (iii) floor brokers; (iv) floor traders; and (v) floor trader order enterers.

    Estimated Number of Respondents: 78,109.

    Estimated Total Annual Burden on Respondents: 7,210 hours.

    Frequency of Collection: Periodically.

    There are no capital costs or operating and maintenance costs associated with this collection.

    The Commission estimates the burden of this collection of information under OMB control number 3038-0072 to be:

    Respondents/Affected Entities: (1) Users of Form 7-R, specifically swap dealers and major swap participants; and (2) users of Form 8-R, specifically principals of swap dealers and of major swap participants.

    Estimated Number of Respondents: 770.

    Estimated Total Annual Burden on Respondents: 648 hours.

    Frequency of Collection: Periodically.

    There are no capital costs or operating and maintenance costs associated with this collection.

    Authority:

    44 U.S.C. 3501 et seq.

    Dated: April 24, 2017. Robert N. Sidman, Deputy Secretary of the Commission.
    [FR Doc. 2017-08559 Filed 4-27-17; 8:45 am] BILLING CODE 6351-01-P
    COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings TIME AND DATE:

    11:00 a.m., Thursday, May 4, 2017.

    PLACE:

    Three Lafayette Centre, 1155 21st Street NW., Washington, DC, 9th Floor Commission Conference Room.

    STATUS:

    Closed.

    MATTERS TO BE CONSIDERED:

    Surveillance, enforcement, and examinations matters. In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's Web site at http://www.cftc.gov.

    CONTACT PERSON FOR MORE INFORMATION:

    Christopher Kirkpatrick, 202-418-5964.

    Natise Allen, Executive Assistant.
    [FR Doc. 2017-08684 Filed 4-26-17; 11:15 am] BILLING CODE 6351-01-P
    COMMODITY FUTURES TRADING COMMISSION Adoption of Revised Registration Form 8-R AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commodity Futures Trading Commission (the “Commission” or “CFTC”) is revising its Form 8-R, the application form that individuals must use to register with the Commission as an associated person of a registrant, floor broker, or floor trader, or to be listed as a principal of a registrant (collectively, “applicants”).

    DATES:

    Effective Date: The new, revised version of Form 8-R shall be effective (and the prior version shall cease to be effective) when the National Futures Association (“NFA”) makes the new, revised version of the Form 8-R available on the NFA Web site for use by individual applicants.

    FOR FURTHER INFORMATION CONTACT:

    Erik F. Remmler, Deputy Director, (202) 418-7630, [email protected]; Laura Gardy, Associate Director, (202) 418-7645, [email protected]; or August A. Imholtz III, Special Counsel, (202) 418-5140, [email protected], Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, 1155 21st Street NW., Washington, DC 20581.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Individuals acting in certain capacities in the markets regulated by the Commission must file a completed Form 8-R with NFA.1 These applicants include: Associated persons of futures commission merchants, retail foreign exchange dealers, introducing brokers, commodity trading advisors, commodity pool operators, and leverage transaction merchants; floor brokers; and floor traders.2 Additionally, any individual acting in the capacity as principal of a futures commission merchant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool operator, swap dealer, major swap participant, floor trader or leverage transaction merchant also must file a completed Form 8-R.3 Lastly, individuals that enter orders for floor trader firms must file the Form 8-R as well.4 Individual applicants have been required to use Form 8-R since 1977.5

    1 17 CFR 3.10(a)(2), 3.11(a), and 3.12(c).

    2 17 CFR 3.11(a); 3.12(c).

    3 17 CFR 3.1(a); 3.10(a)(2); 3.11(a)(1). While “principal” is not technically a registration class and principals do not apply for registration, for purposes of this Notice, the Form 8-R filings by principals will be referred to with the other Form 8-R filings as “registration applications.”

    4 17 CFR 3.11(a)(1).

    5 Revision of Registration Forms and Amendment of Related Rules, 42 FR 23988 (May 11, 1977) (Form 8-R replaced Forms 2-R, 4-R and 94).

    Form 8-R requests information about the applicant that can be used to assess the applicant's fitness to engage in business as a derivatives professional. Form 8-R is a Commission form maintained and used primarily by the NFA. NFA is currently the only registered futures association authorized by the Commission in accordance with Section 17 of the Commodity Exchange Act (“Act”).6 Pursuant to Section 17(o) of the Act,7 Regulation 3.2,8 and a series of orders, the Commission delegated to NFA certain registration functions including, among other things, the processing of all Form 8-R filings.9 Since the first delegation to NFA in 1984, NFA has developed substantial expertise in registration matters, including reviewing and processing completed Forms 8-R. In 2002, with the approval of the Commission, NFA transitioned from a paper-based registration system to an online registration system that utilizes, among other things, an electronic version of Form 8-R.10

    6 7 U.S.C. 21 (2012).

    7 7 U.S.C. 21(o) (2012).

    8 17 CFR 3.2.

    9See, e.g., Introducing Brokers and Associated Persons of Introducing Brokers; Authorization of National Futures Association to Perform Commission Registration Functions, 48 FR 35158 (Aug. 3, 1983); Performance of Registration Functions by National Futures Association, 49 FR 39593 (Oct. 9, 1984) (futures commission merchants, commodity pool operators, commodity trading advisors, and associated persons thereof); Performance of Registration Functions by National Futures Association; Delegation of Authority, 51 FR 34490 (Sept. 29, 1986) (floor brokers); Performance of Registration Functions by National Futures Association with Respect to Floor Traders and Floor Brokers, 58 FR 19657 (Apr. 15, 1993); and Performance of Registration Functions by National Futures Association with Respect to Swap Dealers and Major Swap Participants, 77 FR 2708 (Jan. 19, 2012).

    10 Registration of Intermediaries, 67 FR 38869 (June 6, 2002). The transition to an online registration system has permitted greater efficiencies, including allowing individuals to update their existing Forms 8-R instead of completing a separate Form 3-R. To that end, in 2012, the Commission eliminated the requirement that registrants and individuals use Form 3-R to update information in their existing Form 7-R or 8-R, and provided that an update to a registrant's online Form 7-R or 8-R would automatically create a record of changes equivalent to a completed Form 3-R. Registration of Intermediaries, 77 FR 51898 (Aug. 28, 2012); see also, Registration of Intermediaries, 76 FR 12888, 12891 (proposed Mar. 9, 2011).

    II. Revisions To Commission Form 8-R

    NFA has requested that the Commission make several changes to Form 8-R.11 Upon consideration of NFA's request, the Commission is revising and updating Form 8-R. In addition, the Commission is updating the Form 8-R Privacy Act and Paperwork Reduction Act Statements. The Form 8-R revisions are described below.12

    11 Request from NFA to CFTC, dated Sept. 8, 2016, as amended on Oct. 31, 2016. Both communications are on file with the Commission.

    12 This Notice describes the substantive changes to Form 8-R. The Commission also is making a number of minor, non-substantive, or technical changes to Form 8-R that are not described herein.

    In the section titled “Sponsor Information and Registration Categories,” Form 8-R previously listed three categories of persons that could be associated with a sponsor: Associated persons, branch office managers, and principals.13 The revised Form 8-R includes a fourth category, floor trader order enterer. This addition addresses the Form 8-R filing requirement for employees of an entity that is a registered floor trader who execute swap transactions on a swap execution facility for the floor trader's own account.14 In connection with this change, the revised Form 8-R includes two newly defined terms: “Entity floor trader” and “floor trader order enterer.” “Entity floor trader” is defined as an entity that is “an applicant or registrant that filed a Form 7-R for registration as a floor trader.” 15 “Floor trader order enterer” is defined as “an individual responsible for entry of orders from an entity floor trader's own account.” 16

    13 Associated persons and principals must file Form 8-R. 17 CFR 1.3(aa), 3.1(a), 3.10(a) and 3.12. Branch Office Manager is a category that NFA utilizes to ensure proper oversight of branch offices. See NFA Interpretive Notice 9002, Registration Requirements; Branch Offices (Staff, Sept. 6, 1985; revised July 1, 2000; Dec. 9, 2005; and Sept. 30, 2010).

    14 17 CFR 1.3(ggg)(6)(iv), 3.11(a)(1). Commission Regulation 3.11(a)(1) was amended in 2012 to require individuals that enter swap orders for the account of an entity floor trader to file a Form 8-R. 77 FR 51898. These individuals are required to file a Form 8-R, but are not required to register with the Commission in any specified capacity. Since 2012, NFA has required these individuals to file a separate, paper version of the Form 8-R titled Floor Trader Order Enterer Application. The revisions to the Form 8-R discussed in this paragraph result from combining the pre-existing, electronic Form 8-R with the paper version for floor trader order enterers.

    15 Entities that act as market participants or intermediaries must use the Commission Form 7-R to register with the Commission. 17 CFR 3.10 and 3.11.

    16 The revised Form 8-R includes additional conforming changes to incorporate entity floor traders and floor trader order enterers as appropriate.

    In the section titled “Principal Information,” the prior version of Form 8-R contained a blank space in which an applicant entered a title. In the revised Form 8-R, the space is replaced with a menu of available titles.

    In the “Fingerprint Card Information” section, revised Form 8-R adds two new questions. One new question addresses new requirements and exemptions thereto contained in Commission Regulation 3.21(e) applicable to non-U.S. persons. A non-U.S. natural person may now claim an exemption under Commission Regulation 3.21(e) from the fingerprint submission requirement where the applicant otherwise underwent a qualifying criminal history background check.17 The other new question addresses the fingerprinting requirement exception for certain outside directors of registered firms.18

    17 17 CFR 3.21(e); Alternative to Fingerprinting Requirements for Foreign Natural Persons, 81 FR 18743 (Apr. 1, 2016).

    18 17 CFR 3.21(c) (permitting an outside director to indicate that he or she will file the appropriate notice required by Commission Regulation 3.21(c) instead of supplying his or her fingerprints).

    The sections in Form 8-R titled “Disciplinary Information—Criminal Disclosures,” “Disciplinary Information—Regulatory Disclosures,” and “Disciplinary Information—Financial Disclosures” contain a series of questions that inquire about the disciplinary history of the applicant. These questions are designed to identify and gather information that may reflect on the fitness of the applicant and whether he or she may be subject to a statutory disqualification from registration.19 Among other things, these questions ask about the disciplinary history of “any entity of which you [the applicant] were a principal at the time the [potentially reportable] activities occurred.” The term “principal” as used in the Disciplinary History section of Form 8-R was sometimes understood by applicants to mean that only firms that were subject to Commission registration were relevant. The long-standing interpretation of the term “principal” as used in that context was not limited to the applicant's status as a principal only for Commission registrants, but also if the applicant served in one of the capacities included in the definition of “principal” for any firm. The definition of “principal” is revised to clarify this issue.20

    19See 7 U.S.C. 12a(2) and (3) (2012).

    20 A provision was added to the definition of “principal” that states, “[f]or the purpose of answering Questions A, B, C, D, E, F, G, I and K of the Disciplinary History sections, principal also means an individual described in [paragraphs] (1), (2) or (4) above with respect to any entity whether or not the entity is an applicant, registrant, or a person required to be registered under the Act.”

    In the section titled “Disciplinary Information—Regulatory Disclosures,” a new question was added to existing Question E. Among other things, Question E inquires whether the applicant (or an entity of which the applicant was a principal) violated, or aided and abetted the violation of, any investment-related statutes or regulations, a potential statutory basis for refusing or conditioning registration.21 The new question directs the applicant to disclose whether he or she has ever been found to have failed to supervise another person's activities under any investment-related statute or regulation.22 The new question is intended to ensure complete disclosure of conduct that may result in a refusal or limitation on registration.

    21 7 U.S.C. 12(a)(3).

    22See 7 U.S.C. 12(a)(3)(C).

    In the section titled “Disciplinary Information—Financial Disclosures,” the Commission revised Question J, which asked whether the applicant has “currently failed to comply with any order to pay any futures-related civil monetary penalties, restitution amounts, disgorgement amounts, reparation amounts or arbitration awards.” As revised, Question J now inquires whether the applicant “failed to pay any arbitration awards involving CFTC-regulated products, CFTC civil monetary penalties, CFTC restitution amounts, CFTC disgorgement amounts, or CFTC reparation amounts.” The revision is designed to clarify that this question is not limited solely to unpaid monetary awards related to futures contracts, but also includes unpaid awards related to all products subject to the jurisdiction of the Commission.

    Lastly, NFA is simplifying the process by which it requests supplemental information and documentation regarding the applicant's criminal, regulatory, financial, or employment disclosures. The prior version of Form 8-R requested that applicants provide a written explanation of the facts and circumstances regarding any such disclosures. Applicants were also separately requested to provide NFA with copies of pertinent documents associated with each disclosure. To consolidate and modernize this process, the revised Form 8-R allows applicants to complete a separate “Disclosure Matter Page” for each matter, instance, or event requiring disclosure and to simultaneously upload all pertinent documents associated with each disclosure. The Disclosure Matter Page provides applicants with an efficient and effective method of supplying the supplemental information and documentation that NFA requests in the normal course whenever an applicant responds affirmatively to any of the questions regarding criminal, regulatory or financial disclosures.

    A revised version of Form 8-R that incorporates the changes discussed above, as well as other non-substantive changes, is attached as Appendix A to this Notice.

    III. Related Matters

    Paperwork Reduction Act. Recordkeeping or information collection requirements under the Paperwork Reduction Act (“PRA”) related to Form 8-R exist under current law. The titles for the existing information collections are “Registration Under the Commodity Exchange Act,” OMB control number 3038-0023, and “Registration of Swap Dealers and Major Swap Participants,” OMB control number 3038-0072. The preliminary view of the Commission is that the revisions to Form 8-R may modify the existing recordkeeping or information collection requirements under the PRA. To ensure compliance with the PRA, the Commission will publish in the Federal Register a separate notice and request for comment on the amended PRA burden associated with the revised Form 8-R.23 The Commission also will submit to OMB an information collection request to amend the information collection, in accordance with 44 U.S.C. 3506(c)(2)(A) and 5 CFR 1320.8(d).

    23 The notice and request for comment on the amended PRA burden will also address reassigning from Form 3-R to Form 8-R the PRA burden associated with providing updated information on Form 8-R.

    Issued by the Commission on April, 24 2017, in Washington, DC. Robert N. Sidman, Deputy Secretary of the Commission. Note:

    The following appendices will not appear in the Code of Federal Regulations.

    Appendices to Adoption of Revised Registration Form 8-R Appendix 1—Commission Voting Summary

    On this matter, Acting Chairman Giancarlo and Commissioner Bowen voted in the affirmative. No Commissioner voted in the negative.

    Appendix A—Individual Application (Form 8-R) BILLING CODE 6351-01-P EN28AP17.007 EN28AP17.008 EN28AP17.009 EN28AP17.010 EN28AP17.011 EN28AP17.012 EN28AP17.013 EN28AP17.014 EN28AP17.015 EN28AP17.016 EN28AP17.017 EN28AP17.018 EN28AP17.019 EN28AP17.020 EN28AP17.021 EN28AP17.022 EN28AP17.023 EN28AP17.024 EN28AP17.025 EN28AP17.026 EN28AP17.027 EN28AP17.028 EN28AP17.029 EN28AP17.030 EN28AP17.031 EN28AP17.032 EN28AP17.033 EN28AP17.034 EN28AP17.035 EN28AP17.036 EN28AP17.037 EN28AP17.038 EN28AP17.039 EN28AP17.040 EN28AP17.041 EN28AP17.042 EN28AP17.043
    [FR Doc. 2017-08558 Filed 4-27-17; 8:45 am] BILLING CODE 6351-01-C
    BUREAU OF CONSUMER FINANCIAL PROTECTION Academic Research Council Meeting AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    This notice sets forth the announcement of a public meeting of the Academic Research Council (ARC or Council) of the Consumer Financial Protection Bureau (Bureau). The notice also describes the functions of the Council. Notice of the meeting is permitted by section 8 of the ARC Charter.

    DATES:

    The meeting date is Wednesday, May 17, 2017, 9:00 a.m. to 12:00 p.m. eastern standard time.

    ADDRESSES:

    The meeting location is Consumer Financial Protection Bureau, 1275 First Street NE., Washington, DC 20002.

    FOR FURTHER INFORMATION CONTACT:

    Emily Turner, Director's Financial Analyst, 202-435-7730, [email protected], Academic Research Council, Office of Research, 1275 First Street NE., Washington, DC 20002.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 1013(b)(1) of the Consumer Financial Protection Act, 12 U.S.C. 5493(b)(1), establishes the Office of Research (OR) and assigns to it the responsibility of researching, analyzing, and reporting on topics relating to the Bureau's mission, including developments in markets for consumer financial products and services, consumer awareness, and consumer behavior. The Academic Research Council is a consultative body comprised of scholars that help the Office of Research perform these responsibilities. Section 3 of the ARC Charter states: The Council will provide the Office of Research advice and feedback on research methodologies, framing research questions, data collection, and analytic strategies. Additionally, the Council will provide both backward- and forward-looking feedback on the Office of Research's research work and will offer input into its research strategic planning process and research agenda. Specifically, Section 8(d) of the ARC Charter states:

    (1) The Council will convene in person from time to time at the call of the Assistant Director or the Assistant Director's designee, but at a minimum shall meet annually. Council members may also make additional visits to the Bureau or participate in additional meetings for educational or other research-related purposes.

    II. Agenda

    The Academic Research Council will discuss methodology and direction for consumer finance research at the Bureau.

    Persons who need a reasonable accommodation to participate should contact [email protected], 202-435-9EEO, 1-855-233-0362, or 202-435-9742 (TTY) at least ten business days prior to the meeting or event to request assistance. The request must identify the date, time, location, and title of the meeting or event, the nature of the assistance requested, and contact information for the requester. CFPB will strive to provide, but cannot guarantee that accommodation will be provided for late requests.

    Individuals who wish to attend the Academic Research Council meeting must RSVP to CFPB_504 [email protected] by noon, May 8, 2017. Members of the public must RSVP by the due date and must include “ARC” in the subject line of the RSVP.

    III. Availability

    The Council's agenda will be made available to the public on May 1, 2017, via consumerfinance.gov. Individuals should express in their RSVP if they require a paper copy of the agenda.

    A recording and transcript of this meeting will be available after the meeting on the CFPB's Web site consumerfinance.gov.

    Dated: April 24, 2017. Leandra English, Chief of Staff, Bureau of Consumer Financial Protection.
    [FR Doc. 2017-08611 Filed 4-27-17; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committee AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Board of Regents, Uniformed Services University of the Health Sciences (“the Board”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Board's charter is being renewed pursuant to 10 U.S.C. 2113a and in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(a). The Board's charter and contact information for the Board's Designated Federal Officer (DFO) can be found at http://www.facadatabase.gov/.

    The Board shall assist the Secretary of Defense in an advisory capacity in carrying out the Secretary's responsible to conduct the business of the Uniformed Services University of the Health Sciences (“the University”). The Board shall provide advice and recommendations on academic and administrative matters critical to the full accreditation and successful operation of the University.

    Under the provisions of 10 U.S.C. 2113a(b), the Board shall be composed of 15 members. All members of the Board are appointed to provide advice on behalf of the Government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. Pursuant to 10 U.S.C. 2113a(e), Board members (other than ex-officio members), while attending conferences or meetings or while otherwise performing their duties as members, shall be entitled to receive compensation at a rate to be fixed by the Secretary of Defense. All members are entitled to reimbursement for official Board-related travel and per diem.

    The public or interested organizations may submit written statements to the Board membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Board. All written statements shall be submitted to the DFO for the Board, and this individual will ensure that the written statements are provided to the membership for their consideration.

    Dated: April 25, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-08661 Filed 4-27-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Industry Information Day; Amendment AGENCY:

    DoD Chief Information Officer, Department of Defense (DoD).

    ACTION:

    Notice of meeting; extension of period for public to submit questions prior to meeting.

    SUMMARY:

    DoD is extending the period for organizations to submit questions prior to the public “Industry Information Day” where DoD will present a briefing, and receive and address industry feedback on the implementation of Defense Federal Acquisition Regulation Supplement (DFARS) Case 2013-D018, “Network Penetration Reporting and Contracting for Cloud Services.” The period for organizations to submit questions is extended until Friday, June 2, 2017.

    DATES:

    The public meeting will be held on June 23, 2017, from 9:00 a.m. to 1:00 p.m., EDT. Registration to attend this meeting must be received by Monday, June 12, 2017.

    ADDRESSES:

    The public meeting will be held at the Mark Center Auditorium, 4800 Mark Center Drive, Alexandria, VA 22350-3603. The auditorium is located on level B-1 of the building.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Vicki Michetti, at (703)604-3167.

    SUPPLEMENTARY INFORMATION: Background

    On April 5, 2017 (82 FR 16577), DoD published a notice of meeting in the Federal Register to announce that DoD is hosting an “Industry Information Day” to present a briefing, and receive and address industry feedback on the implementation of Defense Federal Acquisition Regulation Supplement (DFARS) Case 2013-D018, “Network Penetration Reporting and Contracting for Cloud Services.”

    The period for organizations to submit questions prior to DoD hosting an “Industry Information Day” is extended from May 1, 2017 to June 2, 2017, to provide additional time for parties to request information on the implementation of DFARS Case 2013-D018, “Network Penetration Reporting and Contracting for Cloud Services.” Questions should be sent by email to [email protected] with the subject line of the email stating, “Industry Information Day.”

    Dated: April 25, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-08589 Filed 4-27-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Record of Decision for the Gulf of Alaska Navy Training Activities Final Supplemental Environmental Impact Statement/Overseas Environmental Impact Statement AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Navy (DoN), after carefully weighing the strategic, operational, and environmental consequences of the proposed action, announces its decision to continue military readiness activities as identified in Alternative 1 in the Gulf of Alaska Navy Training Activities Final Supplemental Environmental Impact Statement/Overseas Environmental Impact Statement. This alternative includes one large-scale Carrier Strike Group exercise annually, Anti-Submarine Warfare activities, and the use of active sonar for up to 21 consecutive days between April and October. Implementation of Alternative 1 will enable the DoN to meet current and future training requirements and manage and mitigate environmental impacts.

    SUPPLEMENTARY INFORMATION:

    The complete text of the Record of Decision is available at http://www.GOAEIS.com. Single copies of the Record of Decision are available upon request by contacting: GOA Supplemental EIS/OEIS Project Manager, Naval Facilities Engineering Command Northwest, 1101 Tautog Circle, Suite 203, Silverdale, Washington 98315-1101.

    Dated: April 25, 2017. A.M. Nichols, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2017-08606 Filed 4-27-17; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2017-ICCD-0007] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; 2017-18 National Teacher and Principal Survey (NTPS 2017-18) AGENCY:

    National Center for Education Statistics (NCES), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before May 30, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-0007. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW, LBJ, Room 224-84, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact NCES Information Collections at [email protected]

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: 2017-18 National Teacher and Principal Survey (NTPS 2017-18).

    OMB Control Number: 1850-0598.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: Individuals or Households.

    Total Estimated Number of Annual Responses: 101,383.

    Total Estimated Number of Annual Burden Hours: 46,749.

    Abstract: The National Teacher and Principal Survey (NTPS), conducted biennially by the National Center for Education Statistics (NCES), is a system of related questionnaires that provides descriptive data on the context of elementary and secondary education. Redesigned from the Schools and Staffing Survey (SASS) with a focus on flexibility, timeliness, and integration with other ED data, the NTPS system allows for school, principal, and teacher characteristics to be analyzed in relation to one another. NTPS is an in-depth, nationally representative survey of first through twelfth grade public school teachers, principals, and schools. Kindergarten teachers in schools with at least a first grade are also surveyed. NTPS utilizes core content and a series of rotating modules to allow timely collection of important education trends as well as trend analysis. Topics covered include characteristics of teachers, principals, schools, teacher training opportunities, retention, retirement, hiring, and shortages. Preliminary activities for NTPS 2017-18, namely: (a) Contacting and seeking research approvals from public school districts with an established research approval process (“special contact districts”), (b) notifying districts that their school(s) have been selected for NTPS 2017-18, and (c) notifying sampled schools of their selection for the survey and verifying their mailing addresses, were approved in November 2016 with revisions in March 2017 (OMB# 1850-0598 v.16-17). This request is to conduct NTPS 2017-18, including all of its recruitment and data collection activities. Because of the overlap in time, this request also carries over the burden and materials for the approved preliminary activities.

    Dated: April 25, 2017. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-08590 Filed 4-27-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY DOE/NSF High Energy Physics Advisory Panel AGENCY:

    Department of Energy, Office of Science.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the DOE/NSF High Energy Physics Advisory Panel (HEPAP). The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    Monday, June 5, 2017 8:30 a.m. to 6:00 p.m.

    Tuesday, June 6, 2017 8:30 a.m. to 4:00 p.m.

    ADDRESSES:

    Hilton Washington DC North/Gaithersburg, 620 Perry Parkway, Gaithersburg, MD 20877.

    FOR FURTHER INFORMATION CONTACT:

    John Kogut, Executive Secretary, High Energy Physics Advisory Panel (HEPAP), U.S. Department of Energy, Office of Science, SC-25/Germantown Building, 1000 Independence Avenue SW., Washington, DC 20585; Telephone: (301) 903-1298.

    SUPPLEMENTARY INFORMATION:

    Purpose of Meeting: To provide advice and guidance to the Department of Energy and the National Science Foundation on scientific priorities within the field of high energy physics research.

    Tentative Agenda: Agenda will include discussions of the following: June 5-6, 2017

    • Discussion of Department of Energy High Energy Physics Program.

    • Discussion of National Science Foundation Elementary Particle Physics Program.

    • Reports on and Discussions of Topics of General Interest in High Energy Physics.

    • Public Comment (10-minute rule).

    Public Participation: The meeting is open to the public. A webcast of this meeting will be available. Please check the Web site below for updates and information on how to view the meeting. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact John Kogut, (301) 903-1298 or by email at: [email protected]. You must make your request for an oral statement at least five business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Panel will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule.

    Minutes: The minutes of the meeting will be available on the U.S. Department of Energy's Office of High Energy Physics Advisory Panel Web site: http://science.energy.gov/hep/hepap/meetings/.

    Issued at Washington, DC, on April 21, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-08621 Filed 4-27-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Northern New Mexico AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, May 17, 2017 1:00 p.m.-5:15 p.m.

    ADDRESSES:

    The Lodge at Santa Fe, Kachina Ballroom, 750 North St. Francis Drive, Santa Fe, New Mexico 87501.

    FOR FURTHER INFORMATION CONTACT:

    Menice Santistevan, Northern New Mexico Citizens' Advisory Board (NNMCAB), 94 Cities of Gold Road, Santa Fe, NM 87506. Phone (505) 995-0393; Fax (505) 989-1752 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda • Call to Order • Welcome and Introductions • Approval of Agenda and Meeting Minutes of March 29, 2017 • Old Business • New Business • Update from Co-Deputy Designated Federal Officers and Executive Director • Break • Presentation on Wildfire Mitigation • Public Comment Period • Updates from EM Los Alamos Field Office and New Mexico Environment Department • Wrap-Up Comments from NNMCAB Members • Adjourn

    Public Participation: The EM SSAB, Northern New Mexico, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Menice Santistevan at least seven days in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Menice Santistevan at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Menice Santistevan at the address or phone number listed above. Minutes and other Board documents are on the Internet at: http://energy.gov/em/nnmcab/northern-new-mexico-citizens-advisory-board.

    Issued at Washington, DC, on April 21, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-08619 Filed 4-27-17; 8:45 am] BILLING CODE 6405-01-P
    DEPARTMENT OF ENERGY Orders Granting Authority To Import and Export Natural Gas, To Import and Export Liquefied Natural Gas, and Vacating Authority During March 2017 FE Docket Nos. Talisman Energy USA Inc 15-117-NG New England NG Supply Limited 16-103-NG RBC Energy Services, L.P 17-26-NG ST. Lawrence Gas Company, Inc 17-27-NG Dersa Oil & Gas Corporation 17-16-NG Gulf LNG Energy, L.L.C 17-19-LNG Puget Sound Energy, Inc 17-24-NG Nextera Energy Marketing, LLC and Nextera Energy Power Marketing, LLC 17-25-NG Koch Energy Services, LLC 17-20-NG Pilot Power Group, Inc 17-28-NG Maritimes & Northeast Pipeline, L.L.C 17-29-NG Chevron U.S.A., Inc 16-141-LNG Ferus Natural Gas Fuels Inc 17-30-LNG Excelerate Energy Gas Marketing, Limited Partnership 17-31-LNG AGENCY:

    Office of Fossil Energy, Department of Energy.

    ACTION:

    Notice of orders.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy gives notice that during March 2017, it issued orders granting authority to import and export natural gas, to import and export liquefied natural gas (LNG), and vacating authority. These orders are summarized in the attached appendix and may be found on the FE Web site at http://energy.gov/fe/listing-doefe-authorizationsorders-issued-2017.

    They are also available for inspection and copying in the U.S. Department of Energy (FE-34), Division of Natural Gas Regulation, Office of Regulation and International Engagement, Office of Fossil Energy, Docket Room 3E-033, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9478. The Docket Room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays.

    Issued in Washington, DC, on April 20, 2017. John A. Anderson, Director, Office of Regulation and International Engagement, Office of Oil and Natural Gas. APPENDIX

    DOE/FE Orders Granting Import/Export Authorizations 3701-A 03/17/17 15-117-NG Talisman Energy USA Inc Order 3701-A vacating blanket authority to import/export natural gas from/to Canada. 3995 03/07/17 16-103-NG New England NG Supply Limited Order 3995 granting Long-term authority to export natural gas to Mexico. 3996 03/09/17 17-26-NG RBC Energy Services, L.P Order 3996 granting blanket authority to import/export natural gas from/to Canada. 3997 03/09/17 17-27-NG St. Lawrence Gas Company, Inc Order 3997 granting blanket authority to export natural gas to Canada. 3998 03/17/17 17-16-NG Dersa Oil & Gas Corporation Order 3998 granting blanket authority to export natural gas to Mexico. 4001 03/17/17 17-19-LNG Gulf LNG Energy, L.L.C Order 3984 granting blanket authority to import LNG from various international sources by vessel. 4002 03/17/17 17-24-NG Puget Sound Energy, Inc Order 4002 granting blanket authority to import/export natural gas from/to Canada, and vacating prior authority. 4003 03/20/17 17-25-NG NextEra Energy Marketing, LLC and NextEra Energy Power Marketing, LLC Order 4003 granting blanket authority to import/export natural gas from/to Canada/Mexico, and vacating prior authority. 4004 03/17/17 17-20-NG Koch Energy Services, LLC Order 4004 granting blanket authority to import/export natural gas from/to Canada, and vacating prior authority. 4005 03/17/17 17-28-NG Pilot Power Group, Inc Order 4005 granting blanket authority to import/export natural gas from/to Canada/Mexico. 4006 03/17/17 17-29-NG Maritimes & Northeast Pipeline, L.L.C Order 4006 granting blanket authority to import/export natural gas from/to Canada. 4007 03/28/17 16-141-LNG Chevron U.S.A., Inc Order 4007 granting blanket authority to export previously imported LNG to Non-free Trade Agreement Nations by vessel. 4008 03/31/17 17-30-LNG Ferus Natural Gas Fuels Inc Order 4008 granting blanket authority to import/export LNG from/to Canada by truck. 4009 03/31/17 17-31-LNG Excelerate Energy Gas Marketing, Limited Partnership Order 4009 granting blanket authority to import LNG from various international sources by vessel. [FR Doc. 2017-08623 Filed 04-27-17; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY DOE/NSF Nuclear Science Advisory Committee AGENCY:

    Office of Science, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the DOE/NSF Nuclear Science Advisory Committee (NSAC). The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    Friday, June 2, 2017; 8:45 a.m.-4:45 p.m.

    ADDRESSES:

    Hilton Washington DC/Rockville Hotel & Executive Meeting Center, 1750 Rockville Pike, Rockville, Maryland 20852, 301-468-1100.

    FOR FURTHER INFORMATION CONTACT:

    Brenda L. May, U.S. Department of Energy; SC-26/Germantown Building, 1000 Independence Avenue SW., Washington, DC 20585-1290; Telephone: 301-903-0536 or email: [email protected]

    The most current information concerning this meeting can be found on the Web site: http://science.gov/np/nsac/meetings/.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to provide advice and guidance on a continuing basis to the Department of Energy and the National Science Foundation on scientific priorities within the field of basic nuclear science research.

    Tentative Agenda: Agenda will include discussions of the following:

    Friday, June 2, 2017 • Perspectives from Department of Energy and National Science Foundation • Update from the Department of Energy and National Science Foundation's Nuclear Physics Office's • LRP Presentations on CEBAF, FRIB, Theory Initiatives, RHIC Note: The NSAC Meeting will be broadcast live on the Internet. You may find out how to access this broadcast by going to the following site prior to the start of the meeting. A video record of the meeting including the presentations that are made will be archived at this site after the meeting ends: http://www.tvworldwide.com/events/DOE/170602/.

    Public Participation: The meeting is open to the public. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact Brenda L. May, 301-903-0536 or [email protected] (email). You must make your request for an oral statement at least five business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Committee will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule.

    The minutes of the meeting will be available for review on the U.S. Department of Energy's Office of Nuclear Physics Web site at http://science.gov/np/nsac/meetings/.

    Issued in Washington, DC, on April 21, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-08622 Filed 4-27-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, May 10, 2017, 6:00 p.m.

    ADDRESSES:

    Department of Energy Information Center, Office of Science and Technical Information, 1 Science.gov Way, Oak Ridge, Tennessee 37831.

    FOR FURTHER INFORMATION CONTACT:

    Melyssa P. Noe, Alternate Deputy Designated Federal Officer, U.S. Department of Energy, Oak Ridge Office of Environmental Management, P.O. Box 2001, EM-942, Oak Ridge, TN 37831. Phone (865) 241-3315; Fax (865) 241-6932; E-Mail: [email protected] Or visit the Web site at www.energy.gov/orssab.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda • Welcome and Announcements • Comments from the Deputy Designated Federal Officer (DDFO) • Comments from the DOE, Tennessee Department of Environment and Conservation and Environmental Protection Agency Liaisons • Public Comment Period • Presentation by DOE: Key Materials Disposition Activities • Motions/Approval of February 8, 2017 Meeting Minutes • Status of Outstanding Recommendations • Alternate DDFO Report • Committee Reports • Adjourn

    Public Participation: The EM SSAB, Oak Ridge, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Melyssa P. Noe at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Melyssa P. Noe at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Melyssa P. Noe at the address and phone number listed above. Minutes will also be available at the following Web site: https://energy.gov/orem/services/community-engagement/oak-ridge-site-specific-advisory-board/oak-ridge-site-specific-0.

    Issued at Washington, DC, on April 21, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-08620 Filed 4-27-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-1438-000] Radford's Run Wind Farm, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Radford's Run Wind Farm, LLC`s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is May 11, 2017.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 21, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08569 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-141-000] Texas Gas Transmission, LLC; Notice of Request Under Blanket Authorization

    Take notice that on April 11, 2017, Texas Gas Transmission, LLC (Texas Gas), 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, filed a prior notice application pursuant to sections 157.205, and 157.216(b) of the Federal Energy Regulatory Commission's (Commission) regulations under the Natural Gas Act (NGA), and Texas Gas' blanket certificate issued in Docket No. CP82-407-000. Texas Gas requests authorization to abandon certain natural gas pipeline assets, ancillary auxiliary facilities and appurtenances, located in Terrebonne Parish, Louisiana and Louisiana State waters. Specifically, Texas Gas proposes to: (1) Abandon in place 3.61 miles of 8-inch-diameter pipeline known as the Bay Junop to Bay Round 8-inch pipeline; (3) abandon in place approximately 10.05 miles and abandon by removal approximately 0.24 miles of 8-inch-diameter pipeline, known as the Bay Round to Block 8 8-inch pipeline; and (3) abandon by removal the Bay Round Platform and the Brammer Old Camp Pass Platform, all as more fully set forth in the application, which is open to the public for inspection. The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Any questions regarding this application should be directed to Kathy D. Fort, Manager, Certificates and Tariffs, Texas Gas Transmission, LLC, 610 West 2nd Street, Owensboro, Kentucky 42301 or phone (270) 688-6825, or by email [email protected]

    Any person or the Commission's staff may, within 60 days after issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and pursuant to Section 157.205 of the regulations under the NGA (18 CFR 157.205), a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for filing a protest. If a protest is filed and not withdrawn within 30 days after the allowed time for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenter will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Dated: April 21, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08567 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission's staff may attend the following meetings related to the transmission planning activities of the New York Independent System Operator, Inc. (NYISO):

    NYISO Electric System Planning Working Group Meeting May 5, 2017, 10:00 a.m.-3:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-05-05.

    NYISO Business Issues Committee Meeting May 17, 2017, 10:00 a.m.-12:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic&directory=2017-05-17.

    NYISO Operating Committee Meeting May 18, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=oc&directory=2017-05-18.

    NYISO Electric System Planning Working Group Meeting May 25, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-05-25.

    NYISO Management Committee Meeting May 31, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=mc&directory=2017-05-31.

    The discussions at the meetings described above may address matters at issue in the following proceedings:

    New York Independent System Operator, Inc., Docket No. ER13-102.

    New York Independent System Operator, Inc., Docket No. ER15-2059.

    New York Transco, LLC, Docket No. ER15-572.

    For more information, contact James Eason, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (202) 502-8622 or [email protected].

    Dated: April 21, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08571 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-1442-000] Axiall, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Axiall, LLC`s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is May 11, 2017.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 21, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08570 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-6-000] Texas Eastern Transmission, LP; Notice of Availability of the Environmental Assessment for the Proposed Idle Line 1 Abandonment Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment (EA) for the Idle Line 1 Abandonment Project, proposed by Texas Eastern Transmission, LP (Texas Eastern) in the above-referenced docket. Texas Eastern requests authorization to abandon in place and by removal approximately 165 miles of existing, idle, Line 1 pipeline that runs from Fayette County, Ohio, to Greene County, Pennsylvania. Specifically, Texas Eastern is proposing to abandon portions of the Line 1 pipeline that were placed into idle service in 1989 including three segments of 24-inch pipeline, associated lateral lines 10-L and 10-M, metering and regulating facilities, and other related aboveground facilities.

    The EA assesses the potential environmental effects of the abandonment of the Idle Line 1 in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    The U.S. Army Corps of Engineers participated as a cooperating agency in the preparation of the EA. Cooperating agencies have jurisdiction by law or special expertise with respect to resources potentially affected by the proposal and participate in the NEPA analysis. The U.S. Army Corps of Engineers may adopt and use the EA in its decision-making process on whether to issue a Section 404 or Section 10 permit to Texas Eastern for abandonment activities in waters of the United States.

    The proposed Idle Line 1 Abandonment Project includes abandoning in place the following facilities:

    • 5.03 miles of 24-inch-diameter Line 1 from milepost 837.05 in Fayette County, Ohio to milepost 842.08 in Pickaway County, Ohio (Segment 1);

    • 155.37 miles of 24-inch-diameter Line 1 from milepost 848.33 in Pickaway County, Ohio to milepost 1003.7 in Green County, Pennsylvania (Segment 2);

    • 5.48 miles of 24-inch-diameter Line 1 from milepost 1004.35 to 1009.83 in Greene County, Pennsylvania (Segment 3);

    • 0.5 miles of 8-inch Line 10-M in Marshall County, West Virginia;

    • 0.07 miles of 4.5-inch Line 10-L in Greene County, Pennsylvania; and

    Metering and Regulation facilities, and related launcher/receiver barrels, mainline valves, and other appurtenances would also be removed.

    The FERC staff mailed copies of the EA to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; libraries in the project areas; potentially affected landowners and other interested individuals and groups; and parties to this proceeding.

    In addition, the EA is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the EA may do so. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that the Commission has the opportunity to consider your comments prior to making its decision on this project, it is important that we receive your comments in Washington, DC on or before May 22, 2017.

    For your convenience, there are three methods you can use to file your comments to the Commission. In all instances, please reference the project docket number (CP17-6-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected]

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can also file your comments electronically using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You must select the type of filing you are making. If you are filing a comment on a particular project, please select “Comment on a Filing”; or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).1 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    1 See the previous discussion on the methods for filing comments.

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP17-6). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: April 21, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08566 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-212-000] Transcontinental Gas Pipe Line Company, LLC; Notice of Amendment

    On April 19, 2017, Transcontinental Gas Pipe Line Company, LLC (Transco), P.O. Box 1396, Houston, TX 77251-1396, filed a variance request in Docket No. CP15-138-000. The Commission is treating the variance request as an application to amend its Atlantic Sunrise Project under section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations, and herby gives notice of the proposed amendment. Specifically, Transco requests authorization to modify the pipeline route in Luzerne and Wyoming counties, Pennsylvania, from milepost (MP) M-0166-0.29 to MP 30.20 (totaling 6.48 miles), identified as Central Penn Line (CPL) North Alternative 13 (Amendment). Transco proposes this amendment to address landowner concerns, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions regarding the proposed amendment should be directed to Bill Hammons at Transcontinental Gas Pipe Line Company, LLC, Post Office Box 1396, Houston, TX 77251 or at (713) 215-2130 or Scott Turkington, Director, Rates & Regulatory, Transcontinental Gas Pipe Line Company, LLC, Post Office Box 1396, Houston, TX 77251-1396 or at (713) 215-3391 (phone), or [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental analysis (EA) and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 5 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern Time on May 12, 2017.

    Dated: April 21, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08568 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC17-106-000.

    Applicants: ITC Midwest LLC.

    Description: Application of ITC Midwest LLC for Approval of Acquisition of Assets Pursuant to Section 203 of the FPA.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5243.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: EC17-107-000.

    Applicants: Decatur Energy Center, LLC, Capital Power Investments LLC.

    Description: Application for Authorization Under Section 203 of the Federal Power Act and Request for Expedited Action, Confidential Treatment, and Waivers of Capital Power Investments LLC, et al.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5246.

    Comments Due: 5 p.m. ET 5/12/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER17-1458-000.

    Applicants: PacifiCorp.

    Description: § 205(d) Rate Filing: BPA AC Intertie Agreement 14th Revised to be effective 6/21/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5239.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1459-000.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2017-04-21 Market Redesign and Technology Upgrade Directives to be effective N/A.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5241.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1460-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 1636R18 Kansas Electric Power Cooperative, Inc. NITSA and NOA to be effective 4/1/2017.

    Filed Date: 4/24/17.

    Accession Number: 20170424-5128.

    Comments Due: 5 p.m. ET 5/15/17.

    Docket Numbers: ER17-1461-000.

    Applicants: Duke Energy Carolinas, LLC.

    Description: § 205(d) Rate Filing: DEC-Greenwood RS No. 334 Revised PPA to be effective 7/1/2017.

    Filed Date: 4/24/17.

    Accession Number: 20170424-5134.

    Comments Due: 5 p.m. ET 5/15/17.

    Docket Numbers: ER17-1462-000.

    Applicants: Duke Energy Carolinas, LLC.

    Description: § 205(d) Rate Filing: DEC-Concord RS No. 327 Revised PPA to be effective 7/1/2017.

    Filed Date: 4/24/17.

    Accession Number: 20170424-5136.

    Comments Due: 5 p.m. ET 5/15/17.

    Docket Numbers: ER17-1463-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original SA No. 4682, First Revised SA Nos. 4332 and 4333, Queue No. AA1-139 to be effective 10/26/2016.

    Filed Date: 4/24/17.

    Accession Number: 20170424-5167.

    Comments Due: 5 p.m. ET 5/15/17.

    Docket Numbers: ER17-1464-000.

    Applicants: World Fuel Services, Inc.

    Description: Baseline eTariff Filing: World Fuel Services—Baseline Filing to be effective 4/24/2017.

    Filed Date: 4/24/17.

    Accession Number: 20170424-5174.

    Comments Due: 5 p.m. ET 5/15/17.

    Take notice that the Commission received the following qualifying facility filings:

    Docket Numbers: QF17-852-000.

    Applicants: Newberry Solar 1, LLC.

    Description: Refund Report of Newberry Solar 1, LLC.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5242.

    Comments Due: 5 p.m. ET 5/12/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08573 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL17-67-000] New York Power Authority; New York Independent System Operator, Inc.; Notice of Institution of Section 206 Proceeding

    On April 21, 2017, a letter order was issued in Docket No. EL17-67-000 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 updated depreciation rates of New York Power Authority, which were included in New York Independent System Operator, Inc.'s Open Access Transmission Tariff may be unjust, unreasonable, unduly discriminatory or preferential. New York Power Authority and New York Independent System Operator, Inc., 159 FERC 62,075 (2017).

    Any interested person desiring to be heard in Docket No. EL17-67-000 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 21, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08574 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC17-105-000.

    Applicants: CP Bloom Wind LLC.

    Description: Application for Authorization under Section 203 of the Federal Power Act of CP Bloom Wind LLC.

    Filed Date: 4/20/17.

    Accession Number: 20170420-5237.

    Comments Due: 5 p.m. ET 5/11/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER17-335-002.

    Applicants: PJM Interconnection, L.L.C.

    Description: Compliance filing: Erata to Compliance Filing in Docket No. ER17-335-001 to be effective 1/9/2017.

    Filed Date: 4/20/17.

    Accession Number: 20170420-5202.

    Comments Due: 5 p.m. ET 5/11/17.

    Docket Numbers: ER15-794-004.

    Applicants: Catalyst Paper Operations Inc.

    Description: Compliance filing: Change in Status Filing to be effective 1/27/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5223.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1445-000.

    Applicants: Tucson Electric Power Company.

    Description: § 205(d) Rate Filing: Concurrence to PNM RS No. 45 PETA (TEP RS No. 47) to be effective 6/11/2017.

    Filed Date: 4/20/17.

    Accession Number: 20170420-5190.

    Comments Due: 5 p.m. ET 5/11/17.

    Docket Numbers: ER17-1446-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Notification of Tariff Discrepancy and Request for Limited Tariff Waiver of Midcontinent Independent System Operator, Inc.

    Filed Date: 4/20/17.

    Accession Number: 20170420-5241.

    Comments Due: 5 p.m. ET 5/11/17.

    Docket Numbers: ER17-1447-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 1630R7 The Empire District Electric Company NITSA and NOA to be effective 4/1/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5036.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1448-000.

    Applicants: DifWind Farms Limited I.

    Description: § 205(d) Rate Filing: CIS and SW Category 2 Seller Request to be effective 4/22/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5063.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1449-000.

    Applicants: DifWind Farms Limited II.

    Description: § 205(d) Rate Filing: CIS and SW Category 2 Seller Request to be effective 4/22/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5064.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1450-000.

    Applicants: DifWind Farms Limited V.

    Description: § 205(d) Rate Filing: CIS and SW Category 2 Seller Request to be effective 4/22/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5065.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1451-000.

    Applicants: VPI Enterprises, LLC.

    Description: § 205(d) Rate Filing: CIS and SW Category 2 Seller Request to be effective 4/22/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5066.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1452-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Amended SGIA SEPV Mojave West Project SA No. 560 to be effective 6/21/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5067.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1453-000.

    Applicants: New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 205 filing re: transmission constraint pricing revisions to be effective 6/20/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5070.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1454-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-04-21_SA 3012 Wisconsin Power & Light-ATC GIA (J390) to be effective 4/7/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5092.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1455-000.

    Applicants: Public Service Electric and Gas Company, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: PSEG submits revisions to OATT, Attachment M-2 (PSEG) to Update to General Proc. to be effective 6/21/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5102.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1456-000.

    Applicants: Arizona Public Service Company.

    Description: § 205(d) Rate Filing: Rate Schedule No. 217, Exhibit D to be effective 6/21/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5129.

    Comments Due: 5 p.m. ET 5/12/17.

    Docket Numbers: ER17-1457-000.

    Applicants: ITC Midwest LLC.

    Description: § 205(d) Rate Filing: Cancellation of Maintenance Agreement with SMMPA to be effective 4/21/2017.

    Filed Date: 4/21/17.

    Accession Number: 20170421-5145.

    Comments Due: 5 p.m. ET 5/12/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 21, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-08572 Filed 4-27-17; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9032-8] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7146 or http://www.epa.gov/nepa.

    Weekly Receipt of Environmental Impact Statements (EISs) Filed 04/17/2017 through 04/21/2017 Pursuant to 40 CFR 1506.9. Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

    EIS No. 20170064, Draft, USFS, CA, Horse Creek Community Protection and Forest Restoration Project, Comment Period Ends: 06/13/2017, Contact: Lisa Bousfield 530-493-1766. EIS No. 20170065, Draft, FHWA, TXDOT, TX, North Houston Highway Improvement Project, Comment Period Ends: 06/27/2017, Contact: Carlos Swonke 512-416-2734.

    The Texas Department of Transportation is the Lead Agency for the above project.

    EIS No. 20170066, Final Supplement, USFS, OR, Ochoco Summit Trail System, Review Period Ends: 05/30/2017, Contact: Marcy Anderson 541-416-6463. EIS No. 20170067, Final, VA, KY, Replacement Robley Rex VA Medical Center, Review Period Ends: 05/30/2017, Contact: Glenn Wittman 224-610-3531. EIS No. 20170068, Final, DOE, Other, ADOPTION—Delfin LNG Deepwater Port, Contact: Kyle Moorman 202-586-7970, The Department of Energy (DOE) has adopted the U.S. Coast Guard and the U.S. Maritime Administration's FEIS #20160277, filed with EPA on 11/18/2016. The DOE was a cooperating agency for this project. Therefore, recirculation of the EIS is not deemed necessary under Section 1506.3(c) of the CEQ Regulations. Amended Notices EIS No. 20170011, Draft, APHIS, Other, Revisions to USDA-APHIS 7 CFR part 340 Regulations Governing the Importation, Interstate Movement, and Environmental Release of Genetically Engineered Organisms, Comment Period Ends: 06/19/2017, Contact: Cindy Eck 301-851-3892, Revision to Federal Register Notice Published 01/23/2017; Extending Comment Period from 05/22/2017 to 06/19/2017. Dated: April 25, 2017. Dawn Roberts, Management Analyst, NEPA Compliance Division Office of Federal Activities.
    [FR Doc. 2017-08639 Filed 4-27-17; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION Radio Broadcasting Services; AM or FM Proposals To Change the Community of License AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    The following applicants filed AM or FM proposals to change the community of License: Chehalis Valley Educational Foundation, Station KBSG, Facility ID 174954, BPED-20170329ABV, From Westport, WA, To Raymond, WA; Cochise Broadcasting, LLC, Station KKYZ, Facility ID 2185, BMPH-20170224AAW, From Sierra Vista, AZ, To Catalina Foothills, AZ; Educational Media Foundation, Station KWAO, Facility ID 121867, BPED-20170213AAP, From Ocean Park, WA, To Vashon, WA; Educational Media Foundation, Station KLOY, Facility ID 93999, BPED-20170213AAQ, From Astoria, OR, To Ocean Park, WA; Educational Media Foundation, Station KILV, Facility ID 87226, BPED-20170317AAB, From Castana, IA, To Whiting, IA; Evans Broadcasting, Inc., Station KCUA, Facility ID 13483, BPH-20170223ABR, From Naples, UT, To Maeser, UT; Gateway Radio Work, Inc., Station WGWM, Facility ID 24221, BP-20170206ABA, From London, KY, To Winchester, KY; Inspiration Time, Inc., Station WCTL, Facility ID 28774, BPH-20170221ACH, From Union City, PA, To Erie, PA; Mercyhurst University, Station WMCE, Facility ID 26610, BP-20170221ACI, From North East, PA, To Union City, PA; Mid-West Management, Inc., Station WECL, Facility ID 64011, BPH-20170303ABG, From Elk Mound, WI, To Lake Hallie, WI; Mid-West Management, Inc., Station WIAL, Facility ID 7063, BPH-20170303ABH, From Eau Claire, WI, To Elk Mound, WI; Radio License Holding SRC, LLC., Station KFFG, Facility ID 58843, BPH-20170216ABR, From Los Altos, CA, To San Jose, CA; Wifredo G. Blanco-PI, Station WVOZ, Facility ID 72452, BP-20170327AAF, From Morovis, PR, To Aguadilla, PR.

    DATES:

    The agency must receive comments on or before June 27, 2017.

    ADDRESSES:

    Federal Communications Commission, 445 Twelfth Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Tung Bui, 202-418-2700.

    SUPPLEMENTARY INFORMATION:

    The full text of these applications is available for inspection and copying during normal business hours in the Commission's Reference Center, 445 12th Street SW., Washington, DC 20554 or electronically via the Media Bureau's Consolidated Data Base System, http://licensing.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm.

    Federal Communications Commission. James D. Bradshaw, Deputy Chief, Audio Division, Media Bureau.
    [FR Doc. 2017-08585 Filed 4-27-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Submission for OMB Review; Comment Request (3064-0006 & -0184) AGENCY:

    Federal Deposit Insurance Corporation (FDIC).

    ACTION:

    Notice and request for comment.

    SUMMARY:

    The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the renewal of existing information collections, as required by the Paperwork Reduction Act of 1995. On January 11, 2017, the FDIC requested comment for 60 days on a proposal to renew the information collections described below. No comments were received. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of these collections, and again invites comment on this renewal.

    DATES:

    Comments must be submitted on or before May 30, 2017.

    ADDRESSES:

    Interested parties are invited to submit written comments to the FDIC by any of the following methods:

    http://www.FDIC.gov/regulations/laws/federal/notices.html.

    Email: [email protected] Include the name and number of the collection in the subject line of the message.

    Mail: Manny Cabeza (202-898-3767), Counsel, MB-3007, or Jennifer Jones (202-898-6768), Counsel, MB-3105, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429.

    Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m.

    All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503.

    FOR FURTHER INFORMATION CONTACT:

    Manny Cabeza or Jennifer Jones, at the FDIC address above.

    SUPPLEMENTARY INFORMATION:

    On January 11, 2017, (82 FR 3315), the FDIC requested comment for 60 days on a proposal to renew the information collections described below. No comments were received. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of these collections, and again invites comment on this renewal.

    Proposal to renew the following currently approved collections of information:

    1. Title: Interagency Biographical and Financial Report.

    OMB Number: 3064-0006.

    Form Number: Interagency Biographical and Financial Report.

    Affected Public: Insured State Nonmember Banks and State Savings Associations.

    Burden Estimate:

    Type of burden Estimated
  • number of
  • respondents
  • Estimated
  • time per
  • response
  • Frequency of response Total annual
  • estimated
  • burden
  • Reporting 574 4 On Occasion 2,296 hours

    General Description of Collection: The Report is submitted to the FDIC by: (1) Each individual director, officer or individual or group of shareholders acting in concert that will own or control 10% or more of a proposed or operating depository institution applying for FDIC deposit insurance; (2) a person proposing to acquire control of an insured state nonmember bank or state savings association (FDIC-supervised institution); (3) each proposed new director or proposed new chief executive officer of an FDIC-supervised institution which has undergone a change in control within the preceding twelve months; and (4) each proposed new director or senior executive officer of an FDIC-supervised institution that is not in compliance with the applicable capital requirements or is otherwise in a troubled condition. The information is used by the FDIC to make an evaluation of the general character and financial condition of individuals who will be involved in the management or control of financial institutions, as required by statute. In order to lessen the burden on applicants, the FDIC cooperates with the other federal banking agencies to the maximum extent possible in processing the various applications. Notably, the Interagency Biographical and Financial Report will be amended to remove all references to the Office of Thrift Supervision as it appears on the form as well as changing the term “thrift” to “savings association.” These changes are technical and non-substantive in nature.

    There is no change in the method or substance of the collection. The overall reduction in burden hours is a result of economic fluctuation. In particular, the number of respondents has decreased while the hours per response remain the same.

    2. Title: Prohibitions and Restrictions on Proprietary Trading and Certain Interests In and Relationships With, Hedge Funds and Private Equity Funds.

    OMB Number: 3064-0184.

    Form Number: None.

    Affected Public: Insured state nonmember banks not under a holding company; state savings associations and state savings banks not under a holding company; subsidiaries of state nonmember banks, state savings associations, and state savings banks not under a holding company; and foreign banks having an insured branch and their branches and agencies.

    Burden Estimate Type of burden Estimated
  • number of
  • respondents
  • Estimated
  • time per
  • response
  • Frequency
  • of response
  • Total annual estimated
  • burden
  • (hours)
  • Implementation § 351.12(e) Reporting 1 50 1 50 Total Reporting 50 § 351.3(d)(3) Recordkeeping 1 3 1 3 § 351.4(b)(3)(i)(A) Recordkeeping 1 2 4 8 § 351.11(a)(2) Recordkeeping 1 10 1 10 § 351.20(b) Recordkeeping 1 795 1 795 § 351.20(e) Recordkeeping 1 200 1 200 § 351.20(f)(1) Recordkeeping 1 8 1 8 § 351.20(f)(2) Recordkeeping 1 100 1 100 Total Recordkeeping 1,124 § 351.11(a)(8)(i) Disclosure 1 0.1 26 3 Total Disclosure 3 Total Implementation 1,177 Ongoing § 351.12(e) Reporting 18 20 10 3,600 Total Reporting 3,600 § 351.3(d)(3) Recordkeeping 18 1 1 18 § 351.4(b)(3)(i)(A) Recordkeeping 18 2 4 144 § 351.11(a)(2) Recordkeeping 18 10 1 180 § 351.20(b) Recordkeeping 5 265 1 1,325 § 351.20(e) Recordkeeping 5 200 1 1,000 § 351.20(f)(1) Recordkeeping 819 8 1 6,552 § 351.20(f)(2) Recordkeeping 18 40 1 720 Total Recordkeeping 9,939 § 351.11(a)(8)(i) Disclosure 18 0.1 26 47 Total Disclosure 47 Total Ongoing 13,586 Total Estimated Annual Burden 14,763

    General Description of Collection: Subject to certain exemptions, banking entities are generally prohibited from engaging in proprietary trading or from investing in, sponsoring, or having certain relationships with a hedge fund or private equity fund (“covered fund”). The Covered entities must retain certain records for a period that is no less than 5 years in a form that allows the prompt production of such records to the FDIC on request. The information collection requirements affecting FDIC-supervised institutions are summarized below.

    Reporting Requirements

    Section 351.12(e) states that, upon application, a banking entity may obtain an extension of the period of time to meet the requirements on ownership limitations in this section for up to 2 additional years.

    Recordkeeping Requirements

    Section 351.3(d)(3) requires covered entities to have a detailed written liquidity management plan that specifically contemplates and authorizes certain otherwise prohibited securities to be used for liquidity management purposes.

    Section 351.4(b)(3)(i)(A) provides that a trading desk or other organizational unit of another entity with more than $50 billion in trading assets and liabilities is not a client, customer, or counterparty unless the trading desk documents how and why a particular trading desk or other organizational unit of the entity should be treated as a client, customer, or counterparty of the trading desk for purposes of § 351.4(b).

    Section 351.11(a)(2) requires that covered funds generally must be organized and offered only in connection with the provision of bona fide trust, fiduciary, investment advisory, or commodity trading advisory services and only to persons that are customers of such services of the banking entity, pursuant to a written plan or similar documentation outlining how the banking entity intends to provide advisory or other similar services to its customers through organizing and offering the covered fund.

    Section 351.20(b) specifies the contents of a required compliance program for a banking entity with total consolidated assets of $10 billion or more including a provision requiring that records sufficient to demonstrate compliance with section 13 of the BHC Act and applicable regulations be maintained and retained for a period of no less than 5 years or such longer period as required by FDIC.

    Section 351.20(e) specifies that any banking entity that has more than $10 billion in total consolidated assets as reported on December 31 of the previous two calendar years shall maintain records documenting the determination that each fund sponsored by the banking entity (including all subsidiaries and affiliates) is not a covered fund. Banking entities must also maintain a written plan documenting the treatment of certain seeding vehicles described in the regulation and, under certain circumstances, documentation of the value of the ownership interests owned by the banking entity in certain foreign public fund and each jurisdiction in which any such foreign public fund is organized.

    Section 351.20(f)(1) applies to banking entities with no covered activities. A banking entity that does not engage in activities or investments pursuant to subpart B or subpart C (other than trading activities permitted pursuant to § 351.6(a) of subpart B) may satisfy the requirements of this section by establishing the required compliance program prior to becoming engaged in such activities or making such investments (other than trading activities permitted pursuant to § 351.6(a) of subpart B).

    Section 351.20(f)(2) applies to banking entities with modest activities. A banking entity with total consolidated assets of $10 billion or less as reported on December 31 of the previous two calendar years may satisfy the requirements of this section by including in its existing compliance policies and procedures appropriate references to the statutory and regulatory requirements and adjustments as appropriate given the activities, size, scope and complexity of the banking entity.

    Disclosure Requirements

    Section 351.11(a)(8)(i) requires that a banking entity make certain clear and conspicuous written disclosures to any prospective and actual investor in a covered fund (such as through disclosure in the covered fund's offering documents).

    There is no change in the method or substance of this information collection. The annual burden estimate has been reduced from 28,234 hours to 17,763 hours primarily because the FDIC estimates that all FDIC-supervised institutions have now completed the implementation phase of the information collection and are no longer subject to that burden. FDIC is using one (1) respondent as a place-holder for implementation burden. Another reason for the reduction in burden is that fewer institutions are subject to reporting, recordkeeping and disclosure requirements. The foregoing reductions in burden more than offset a modest increase in burden attributable to: (i) One additional institution growing in size to a degree that now makes it subject to 12 CFR 351.20(b) and (e) recordkeeping requirements; and (ii) an agency adjustment in its estimate of respondents affected by the recordkeeping requirements in 12 CFR 351.20(f)(1) due to the inadvertent omission of a class of respondents in its prior estimate.

    Request for Comment

    Comments are invited on: (a) Whether the collections of information are necessary for the proper performance of the FDIC's functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collections, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collections of information on respondents, including through the use of automated collection techniques or other forms of information technology. All comments will become a matter of public record.

    Dated at Washington, DC, this 24th day of April 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-08604 Filed 4-27-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Proposed Collection Renewals; Comment Request (3064-0099; -0118; -0148 and -0153) AGENCY:

    Federal Deposit Insurance Corporation (FDIC).

    ACTION:

    Notice and request for comment.

    SUMMARY:

    The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the renewal of existing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Currently, the FDIC is soliciting comment on renewal of the information collections described below.

    DATES:

    Comments must be submitted on or before June 27, 2017.

    ADDRESSES:

    Interested parties are invited to submit written comments to the FDIC by any of the following methods:

    http://www.FDIC.gov/regulations/laws/federal/notices.html.

    Email: [email protected] Include the name and number of the collection in the subject line of the message.

    Mail: Manny Cabeza (202-898-3767). Counsel, MB 3007 or Jennifer Jones (202-898-6768), Counsel, MB-3105, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429.

    Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m.

    All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503.

    FOR FURTHER INFORMATION CONTACT:

    Manny Cabeza or Jennifer Jones, at the FDIC address noted above.

    SUPPLEMENTARY INFORMATION:

    Proposal to renew the following currently approved collections of information:

    1. Title: Application for Waiver of Prohibition on Acceptance of Brokered Deposits.

    OMB Number: 3064-0099.

    Form Number: None.

    Affected Public: Insured state nonmember banks and state savings associations.

    Burden Estimate:

    Type of burden Estimated number of
  • respondents
  • Estimated time per response
  • (hours)
  • Frequency of response Total annual estimated
  • burden
  • (hours)
  • Reporting 30 6 On Occasion 180

    General Description of Collection: Section 29 of the Federal Deposit Insurance Act prohibits undercapitalized insured depository institutions from accepting, renewing, or rolling over any brokered deposits. Adequately capitalized institutions may do so with a waiver from the FDIC, while well-capitalized institutions may accept, renew, or roll over brokered deposits without restriction. This information collection captures the burden associated with preparing and filing an application for a waiver of the prohibition on the acceptance of brokered deposits.

    There is no change in the method or substance of the collection. The overall reduction in burden hours is a result of economic fluctuation. In particular, the number of respondents has decreased while the hours per response remain the same.

    2. Title: Management Official Interlocks.

    OMB Number: 3064-0118.

    Form Number: None.

    Affected Public: Insured state nonmember banks and state savings associations.

    Burden Estimate:

    Type of burden Estimated number of
  • respondents
  • Estimated time per response Frequency of response Total annual estimated
  • burden
  • (hours)
  • Reporting 3 7 On Occasion 21

    General Description of Collection: The FDIC's Management Official Interlocks regulation, 12 CFR 348, which implements the Depository Institutions Management Interlocks Act (DIMIA), 12 U.S.C. 3201-3208, generally prohibits bank management officials from serving simultaneously with two unaffiliated depository institutions or their holding companies but allows the FDIC to grant exemptions in appropriate circumstances. Consistent with DIMIA, the FDIC's Management Official Interlocks regulation has an application requirement requiring information specified in the FDIC's procedural regulation. The rule also contains a notification requirement.

    There is no change in the method or substance of the collection. The overall reduction in burden hours is a result of economic fluctuation as well as the change in complexity of the reporting institutions. In particular, the number of respondents has decreased while the hours per response have increased due to the complexity of the reporting institutions.

    3. Title: Interagency Statement on Sound Practices Concerning Complex Structured Finance Transactions.

    OMB Number: 3064-0148.

    Form Number: Interagency Statement on Sound Practices Concerning Elevated Risk Complex Structured Finance Activities.

    Affected Public: Insured state nonmember banks and state savings associations.

    Burden Estimate:

    Type of burden Estimated number of
  • respondents
  • Estimated time per response Frequency of response Total annual estimated
  • burden
  • (hours)
  • Recordkeeping 4 25 On Occasion 100

    General Description of Collection: The Interagency Statement on Sound Practices Concerning Complex Structured Finance Transactions describes the types of internal controls and risk management procedures that the Agencies believe are particularly effective in assisting financial institutions to identify, evaluate, assess, document, and control the full range of credit, market, operational, legal and reputational risks. A financial institution that engages in complex structured finance transactions should maintain a set of formal, written, firm-wide policies and procedures that are designed to allow the institution to identify and assess these risks.

    There is no change in the method or substance of the collection. The overall reduction in burden hours is a result of economic fluctuation. In particular, the number of respondents has decreased while the hours per response remain the same.

    4. Title: Regulatory Capital Rules.

    OMB Number: 3064-0153.

    Form Number: None.

    Affected Public: State nonmember banks, state savings associations, and certain subsidiaries of those entities.

    Burden Estimate:

    Estimated Hourly Burden Type of burden Estimated number of
  • respondents
  • Estimated time per response Frequency of
  • response
  • Total annual estimated
  • burden
  • BASEL III Advanced Approaches: Recordkeeping and disclosure Implementation plan—Section _.121(b): Ongoing Recordkeeping 2 330.0 On Occasion 660 Documentation of advanced systems—Section _.122(j): Ongoing Recordkeeping 2 19.0 On Occasion 38 Systems maintenance—Sections _.122(a), _123(a), _.124(a): Ongoing Recordkeeping 2 27.9 On Occasion 56 Supervisory approvals—Sections _.122(d)-(h), _.132(b)(3), _.132(d)(1), _.132(d)(1)(iii): Ongoing Recordkeeping 2 16.8 On Occasion 34 Control, oversight and verification of systems—Sections _.122 to _.124: Ongoing Recordkeeping 2 11.1 On Occasion 22 (CCR)—Section _.132(b)(2)(iii)(A): One-time Recordkeeping 1 80.0 On Occasion 80 (CCR)—Section _.132(b)(2)(iii)(A): Ongoing Recordkeeping 2 16.0 On Occasion 32 (CCR)—Section _.132(d)(2)(iv): One-time Recordkeeping 1 80.0 On Occasion 80 (CCR)—Section _.132(d)(2)(iv): Ongoing Recordkeeping 2 40.0 On Occasion 80 (CCR)—Section _.132(d)(3)(vi): One-time Recordkeeping 1 80.0 On Occasion 80 (CCR)—Section _.132(d)(3)(viii): One-time Recordkeeping 1 80.0 On Occasion 80 (CCR)—Section _.132(d)(3)(viii): Ongoing Recordkeeping 2 10.0 Quarterly 80 (CCR)—Section _.132(d)(3)(ix): One-time Recordkeeping 1 40.0 On Occasion 40 (CCR)—Section _.132(d)(3)(ix): Ongoing Recordkeeping 2 40.0 On Occasion 80 (CCR)—Section _.132(d)(3)(x): One-time Recordkeeping 1 20.0 On Occasion 20 (CCR)—Section _.132(d)(3)(xi): One-time Recordkeeping 1 40.0 On Occasion 40 (CCR)—Section _.132(d)(3)(xi): Ongoing Recordkeeping 2 40.0 On Occasion 80 (OC)—Section _.141(b)(3), _.141(c)(1), _.141(c)(2)(i)-(ii), _.153: One-time Recordkeeping 1 40.0 On Occasion 40 (OC)—Section _.141(c)(2)(i)-(ii): Ongoing Recordkeeping 2 10.0 Quarterly 80 Sections _.142 and _.171: Ongoing Disclosure 2 5.8 On Occasion 12 (CCB and CCYB)—Section _.173, Table 4 (CR) _.173, Table 5 (Securitization) _.173, Table 9 (IRR) _.173, Table 12: Ongoing Disclosure 2 35.0 Quarterly 280 (CCB and CCYB)—Section _.173, Table 4 (CR) Section _.173, Table 5 (Sec.) Section _.173, Table 9 (IRR) Section _.173, Table 12: One-time Disclosure 1 280.0 On Occasion 280 Subtotal: One-time Recordkeeping and Disclosure 740 Subtotal: Ongoing Recordkeeping and Disclosure 1,533 Total Recordkeeping and Disclosure 2,273 Minimum Regulatory Capital Ratios: Recordkeeping (CCR Operational Requirements)—Sections _.3(c) and _.22(h)(2)(iii)(A): Ongoing Recordkeeping 3,787 16.0 On Occasion 60,592 Subtotal: One-time Recordkeeping 0 Subtotal: Ongoing Recordkeeping 60,592 Total Recordkeeping 60,592 Standardized Approach: Recordkeeping and Disclosure (QCCP)—Section _.35(b)(3)(i)(A): One-time Recordkeeping 1 2.0 On Occasion 2 (QCCP)—Section _.35(b)(3)(i)(A): Ongoing Recordkeeping 3,787 2.0 On Occasion 7,574 (CT)—Section _.37(c)(4)(i)(E): One-time Recordkeeping 1 80.0 On Occasion 80 (CT)—Section _.37(c)(4)(i)(E): Ongoing Recordkeeping 3,787 16.0 On Occasion 60,592 (SE)—Section _.41(b)(3) and _.41(c)(2)(i): One-time Recordkeeping 1 40.0 On Occasion 40 (SE)—Section _.41(c)(2)(i): Ongoing Recordkeeping 3,787 2.0 On Occasion 7,574 (S.E.)—Section _ .42(e)(2), (C.R.) Sections_ .62(a), (b), & (c), (Q&Q) Sections_ .63(a) & (b): One-time Disclosure 1 226.3 On Occasion 226 (S.E.)—Section _.42(e)(2), (C.R.) Sections_ .62(a), (b), & (c), (Q&Q) Sections_. 63(a) & (b) and _ .63 Tables: Ongoing Disclosure 1 131.3 Quarterly 525 Subtotal: One-time Recordkeeping and Disclosure 348 Subtotal: Ongoing Recordkeeping and Disclosure 76,265 Total Recordkeeping and Disclosure 76,613 Total Burden Hours 139,478

    General Description of Collection: This collection comprises the disclosure and recordkeeping requirements associated with minimum capital requirements and overall capital adequacy standards for insured state nonmember banks, state savings associations, and certain subsidiaries of those entities. The data is used by the FDIC to evaluate capital before approving various applications by insured depository institutions, to evaluate capital as an essential component in determining safety and soundness, and to determine whether an institution is subject to prompt corrective action provisions.

    There is no change in the method or substance of the collection. The overall reduction in burden hours is a result of economic fluctuation. In particular, the number of respondents has decreased while the hours per response remain the same.

    Request for Comment

    Comments are invited on: (a) Whether the collections of information are necessary for the proper performance of the FDIC's functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collections, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collections of information on respondents, including through the use of automated collection techniques or other forms of information technology. All comments will become a matter of public record.

    Dated at Washington, DC, this 25th day of April 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-08667 Filed 4-27-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than May 16, 2017.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. James P Cravens Stock Trust, James P Cravens Trustee, Sanborn, Iowa, and Marilyn Lee Cravens Stock Trust, Marilyn Lee Cravens Trustee, Sanborn, Iowa, as individuals and as a group acting in concert the Cravens Family Control group consisting of James P Cravens Stock Trust, James P Cravens Trustee, Sanborn, Iowa, Marilyn Lee Cravens Stock Trust, Marilyn Lee Cravens Trustee, Sanborn, Iowa, Emilie G Cravens, Manhattan, Kansas, Catherine J Cravens, Arlington, Virginia, and Margaret Burr Porter, Godfrey, Illinois; to acquire and retain shares of Milford Bancorporation, Milford, Iowa, and thereby indirectly acquire and retain shares of United Community Bank, Milford, Iowa.

    Board of Governors of the Federal Reserve System, April 25, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-08662 Filed 4-27-17; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0292; Docket No. 2017-0001; Sequence 4] Information Collection; FFATA Subaward and Executive Compensation Reporting Requirements AGENCY:

    Office of the Integrated Award Environment, General Services Administration (GSA).

    ACTION:

    Notice of request for comments regarding an extension to an existing OMB information collection.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act of 1995, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of the currently approved information collection requirement regarding FFATA Subaward and Executive Compensation Reporting Requirements.

    DATES:

    Submit comments on or before June 27, 2017.

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0292, FFATA Subaward and Executive Compensation Reporting Requirements by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number 3090-0292. Select the link “Comment Now” that corresponds with “Information Collection 3090-0292, FFATA Subaward and Executive Compensation Reporting Requirements”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 3090-0292, FFATA Subaward and Executive Compensation Reporting Requirements” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: IC 3090-0292, FFATA Subaward and Executive Compensation Reporting Requirements.

    Instructions: Please submit comments only and cite Information Collection 3090-0292, FFATA Subaward and Executive Compensation Reporting Requirements, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    Dennis Harrison, Procurement Analyst, Office of the Integrated Award Environment, GSA, at telephone number 202-215-9767; or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    The Federal Funding Accountability and Transparency Act (P.L. 109-282, as amended by section 6202(a) of P.L. 110-252), known as FFATA or the Transparency Act requires information disclosure of entities receiving Federal financial assistance through Federal awards such as Federal contracts, sub-contracts, grants and sub-grants, FFATA 2(a), (2), (i), (ii). Beginning October 1, 2010, the currently approved Paperwork Reduction Act submission directed compliance with the Transparency Act to report prime and first-tier sub-award data. Specifically, Federal agencies and prime awardees of grants were to ensure disclosure of executive compensation of both prime and subawardees and sub-award data pursuant to the Transparency Act. This information collection requires reporting of only the information enumerated under the Transparency Act.

    B. Annual Reporting Burden

    Sub-award Responses: 107,614.

    Hours Per Response: 1.

    Total Burden Hours: 107,614.

    Executive Compensation Responses: 41,298.

    Hours Per Response: 1.

    Total Burden Hours: 41,298.

    Total Annual Burden Hours: 148,912.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 3090-0292, FFATA Subaward and Executive Compensation Reporting Requirements, in all correspondence.

    Dated: April 18, 2017. Steve Grewal, Deputy Chief Information Officer, General Services Administration.
    [FR Doc. 2017-08600 Filed 4-27-17; 8:45 am] BILLING CODE 6820-WY-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0291; Docket No. 2017-0001; Sequence 3] Information Collection; FSRS Registration Requirements for Prime Grant Awardees AGENCY:

    Office of the Integrated Award Environment, General Services Administration (GSA).

    ACTION:

    Notice of request for public comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act of 1995, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of the currently approved information collection requirement regarding FSRS Registration Requirements for Prime Grant Awardees.

    DATES:

    Submit comments on or before June 27, 2017.

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0291, FSRS Registration Requirements for Prime Grant Awardees by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching OMB control number 3090-0291. Select the link “Comment Now” that corresponds with “Information Collection 3090-0291, FSRS Registration Requirements for Prime Grant Awardees.” Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 3090-0291, FSRS Registration Requirements for Prime Grant Awardees on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: IC 3090-0291, FSRS Registration Requirements for Prime Grant Awardees.

    Instructions: Please submit comments only and cite Information Collection 3090-0291, FSRS Registration Requirements for Prime Grant Awardees, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    John Corro, Procurement Analyst, Office of the Integrated Award Environment, GSA, at telephone number 202-215-9767; or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    The Federal Funding Accountability and Transparency Act (P.L. 109-282, as amended by section 6202(a) of P.L. 110-252), known as FFATA or the Transparency Act, requires information disclosure of entities receiving Federal financial assistance through Federal awards such as Federal contracts, sub-contracts, grants and sub-grants, FFATA 2(a),(2),(i),(ii). The system that collects this information is called the FFATA Sub-award Reporting System (FSRS, www.fsrs.gov). This information collection requires information necessary for prime awardee registration in FSRS to create a user log-in and enable sub-award reporting for their entity. To register in FSRS for a user log-in, an entity is required to provide their Data Universal Numbering System (DUNS) number. FSRS then pulls core data about the entity from their System for Award Management (SAM) registration to include the legal business name, physical address, mailing address and Commercial and Government Entity (CAGE) code. The entity completes the FSRS registration by providing contact information within the entity for approval.

    If a prime awardee has already registered in FSRS to report contracts-related Transparency Act financial data, a new log-in will not be required. In addition, if a prime awardee had a user account in the Electronic Subcontract Reporting System (eSRS), a new log-in will not be required.

    B. Annual Reporting Burden

    Respondents: 5,678.

    Responses Per Respondent: 1.

    Total Annual Responses: 5,678.

    Hours Per Response: .5.

    Total Burden Hours: 2,839.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755.

    Please cite OMB Control No. 3090-0291, FSRS Registration Requirements for Prime Grant Awardees, in all correspondence.

    Dated: April 18, 2017. Steve Grewal, Deputy Chief Information Officer, General Services Administration.
    [FR Doc. 2017-08602 Filed 4-27-17; 8:45 am] BILLING CODE 6820-XY-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0118; Docket 2017-0001; Sequence 2] Information Collection; Statement of Witness, Standard Form 94 AGENCY:

    Federal Vehicle Policy Division, General Services Administration (GSA).

    ACTION:

    Notice of a request for comments regarding a reinstatement, with change, to an OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act of 1995, GSA has submitted to the Office of Management and Budget (OMB) a request to review and approve a reinstatement, with change, to an information collection requirement concerning Standard Form 94, Statement of Witness.

    DATES:

    Submit comments on or before June 27, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Ray Wynter, Federal Vehicle Policy Division, 202-501-3802, or via email at [email protected]

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0118, Statement of Witness, SF 94, by any of the following methods: Regulations.gov: http://www.regulations.gov.

    Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 3090-0118, Statement of Witness, SF 94.” Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 3090-0118, Statement of Witness, SF 94” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Sosa/IC 3090-0118, Statement of Witness, SF 94.

    Instructions: Please submit comments only and cite Information Collection 3090-0118, Statement of Witness, SF 94, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    SUPPLEMENTARY INFORMATION: A. Purpose

    GSA is requesting the Office of Management and Budget (OMB) to review and approve information collection, 3090-0118, Statement of Witness, SF 94. This form is used by all Federal agencies to report accident information involving U.S. Government motor vehicles.

    B. Annual Reporting Burden

    Respondents: 874.

    Responses per Respondent: 1.

    Total Annual Responses: 874.

    Hours per Response: .333.

    Total Burden Hours: 291.

    C. Public Comment

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 3090-0118, Statement of Witness, SF 94, in all correspondence.

    Dated: April 18, 2017. Steve Grewal, Deputy Chief Information Officer, General Services Administration.
    [FR Doc. 2017-08603 Filed 4-27-17; 8:45 am] BILLING CODE 6820-34-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Agency for Healthcare Research and Quality, HHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed changes to the currently approved information collection project: “Developing a Registry of Registries.”

    DATES:

    Comments on this notice must be received by June 27, 2017.

    ADDRESSES:

    Written comments should be submitted to: Doris Lefkowitz, Reports Clearance Officer, AHRQ, by email at [email protected]

    Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from the AHRQ Reports Clearance Officer.

    FOR FURTHER INFORMATION CONTACT:

    Doris Lefkowitz, AHRQ Reports Clearance Officer, (301) 427-1477, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Proposed Revision of a Currently Approved Collection Project: “Developing a Registry of Registries.” OMB Control Number 0935-0203

    In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, AHRQ invites the public to comment on this proposed information collection on the development of a registry of patient registries. Patient registries have received significant attention and funding in recent years. Similar to controlled studies, patient registries represent some burden to patients (e.g., time to complete patient reported outcome measures, risk of loss of privacy), who often participate voluntarily in hopes of improving knowledge about a disease or condition. Patient registries also represent a substantial investment of health research resources. Despite these factors, patient registries are not required to be registered in ClinicalTrials.gov, presenting the potential for duplication of efforts and insufficient dissemination of findings that are not published in the peer-reviewed literature. To fulfill the obligation to patients and to ensure that resources are used in the most efficient manner, registries need to be listed in a manner similar to that of trials in ClinicalTrials.gov.

    By providing a centralized point of collection for information about all patient registries in the United States, the Registry of Patient Registries (RoPR) enhances patient registry information, extracted from ClinicalTrials.gov, building on AHRQ's efforts to describe the quality, appropriateness, and effectiveness of health services (and patient registries in particular) in a more readily available, central location.

    The RoPR database system aims to achieve the following objectives:

    (1) Provide a searchable database of patient registries in the United States (to promote collaboration, reduce redundancy, and improve transparency);

    (2) Facilitate the use of common data fields and definitions in similar health conditions (to improve opportunities for sharing, comparing, and linkage);

    (3) Provide a public repository of searchable summary results (including results from registries that have not yet been published in the peer-reviewed literature);

    (4) Offer a search tool to locate existing data that researchers can request for use in new studies; and

    (5) Serve as a recruitment tool for researchers and patients interested in participating in patient registries.

    To achieve the objectives of this project, the following data collections will be implemented:

    (1) Collect information on registries from users who populate the RoPR database system.

    AHRQ is proposing to add a self-registration option to the RoPR database so that registry owners do not need a National Library of Medicine Protocol Registration System (PRS) account to contribute. The current OMB-approved RoPR system requires users to have a PRS account. In the current data entry process, registry owners enter most of the registry information using the ClinicalTrials.gov PRS. If a user defines the ClinicalTrials.gov record as a patient registry, that user will have the option of following a link to the RoPR submission page to input additional information about the registry. Patient registry data entered in the PRS is uploaded to the RoPR system daily and is accessible (along with information entered directly into RoPR) to the public via the RoPR search function.

    Under the AHRQ proposal, these users can complete a simple registration on the RoPR site, which would be less burdensome than the PRS registration process, and then enter all registry information directly on RoPR. The rationale behind this alternative registration pathway is that many registries are created for quality reporting, outcome tracking, and quality improvement purposes, rather than for research purposes. Registering in ClinicalTrials.gov implies a research purpose, so it is not necessarily appropriate for non-research registries to register in ClinicalTrials.gov, and many have expressed that they do not wish to do so. AHRQ anticipates that more than 75 percent of registries will still register through the ClinicalTrials.com. However, the remaining registries are extremely important for health policy, and providing them with a registration pathway furthers the goal of creating a central place where stakeholders can find information on research and non-research registries pertinent to a specific clinical topic.

    The new self-registration pathway is being developed by AHRQ through its contractor, L&M Policy Research and subcontractor Truven Health Analytics, an IBM Company, pursuant to AHRQ's statutory authority to conduct and support research on health care and on systems for the delivery of such care, including activities with respect to the quality, effectiveness, efficiency, appropriateness and value of health care services and with respect to database development. 42 U.S.C. 299a(a)(1) and (8).

    AHRQ, in collaboration with the Centers for Medicare & Medicaid Services (CMS), is also proposing to add three fields to the self-registration pathway related to the CMS initiative to create a Centralized Repository for Public Health Agencies and Clinical Data Registry Reporting. The purpose of the repository is to assist eligible professionals, eligible hospitals, and critical access hospitals in finding entities that accept electronic public health data. By adding these fields to the existing RoPR database, AHRQ will further the goal of creating a central place where stakeholders can find all pertinent information on registries.

    Method of Collection

    The purpose and the use of the RoPR is to provide a readily available public resource strictly for patient registries, following the model of ClinicalTrials.gov, allowing for the increased availability and efficacy of patient registries. The information being collected in the RoPR Record is visible to the public visiting the RoPR Web site, and is readily available for public use.

    The RoPR is an ongoing data collection initiative.

    Estimated Annual Respondent Burden

    Exhibit 1 shows the estimated annualized burden hours for the respondent's time to participate in the RoPR. In 2016, 65 respondents manually entered a new RoPR record. It is expected that more than 75% of patient registries are research-focused and will continue to use the original ClinicalTrials.gov pathway described above. Thus, it is estimated that once the self-registration pathway is available, approximately 65 respondents will enter RoPR records through the ClinicalTrials.gov link annually, and an additional 16 respondents (roughly 25% of 65), representing non-research registries, will enter RoPR records through the new self-registration pathway.

    Each respondent need enter his or her new RoPR record only once. The RoPR system sends an automated reminder to any registry owner who has not updated his or her RoPR record in the past year. In 2016, 132 RoPR entries were updated and released. Using the same logic as above, it is estimated that an additional 33 entries (25% of 132) might be updated annually once the self-registration pathway is available.

    In January 2017, Truven Health Analytics used a sample of existing ClinicalTrials.gov registry entries to estimate the time needed to enter all additional fields added through the self-registration process. The sample included records representing a range of depth and complexity. For example, one registry record contained only one primary outcome measure. Another record contained three more detailed outcome measures (one primary, one secondary, and one other.)

    As a result of the knowledge gained during these processes, it is estimated that it will take users 10 minutes, on average, to manually enter the additional fields added through the self-registration process. Adding this time to the estimated burden of completing the original RoPR fields (45 minutes), it is estimated that it will take users 55 minutes to complete all fields through the self-registration pathway.

    It is estimated that it will take users 5 minutes to review and update the fields added through the self-registration pathway. Adding this time to the estimated burden of reviewing and updating the original RoPR fields (15 minutes), it is estimated that it will take 20 minutes for a person to review and make updates to an existing RoPR record created through the self-registration pathway.

    Exhibit 1—Estimated Annualized Burden Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Minutes per
  • response
  • Total
  • burden
  • hours
  • New RoPR Record entered manually through self-registration process 16 1 55/60 14.67 New RoPR Record entered through ClinicalTrials.gov pathway 65 1 45/60 48.75 Review/update existing RoPR Record created through self-registration process 33 1 20/60 11 Review/update existing RoPR Record created through ClinicalTrials.gov pathway 132 1 15/60 33 Total 246 107.42

    Exhibit 2 shows the estimated cost burden associated with the respondent's time to participate in the RoPR. The total cost burden to respondents is estimated at an average of $4,017.51 annually.

    Exhibit 2—Estimated Annualized Cost Burden Form name Number of
  • respondents
  • Total
  • burden
  • hours
  • Average
  • hourly
  • wage rate †
  • ($)
  • Total cost
  • burden
  • ($)
  • New RoPR Record entered manually through self-registration process 16 14.67 $37.40 $548.66 New RoPR Record entered through ClinicalTrials.gov pathway 65 48.75 37.40 1,823.25 Review/update existing RoPR Record created through self-registration process 33 11 37.40 411.40 Review/update existing RoPR Record created through ClinicalTrials.gov pathway 132 33 37.40 1,234.20 Total 246 107.42 37.40 4,017.51 * Based on the mean wages for Healthcare Practitioners and Technical Occupations, 29-0000. National Compensation Survey: Occupational wages in the United States May 2015, “U.S. Department of Labor, Bureau of Labor Statistics.” Available at: https://www.bls.gov/oes/current/oes290000.htm.
    Request for Comments

    In accordance with the Paperwork Reduction Act, comments on AHRQ's information collection are requested with regard to any of the following: (a) Whether the proposed collection of information is necessary for the proper performance of AHRQ health care research and health care information dissemination functions, including whether the information will have practical utility; (b) the accuracy of AHRQ's estimate of burden (including hours and costs) of the proposed collection(s) of information; (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 upon the respondents, including the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and included in the Agency's subsequent request for OMB approval of the proposed information collection.

    All comments will become a matter of public record.

    Sharon B. Arnold, Acting Director.
    [FR Doc. 2017-08650 Filed 4-27-17; 8:45 am] BILLING CODE 4160-90-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Agency for Healthcare Research and Quality, HHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) reapprove the proposed information collection project: “Medical Expenditure Panel Survey—Insurance Component.”

    DATES:

    Comments on this notice must be received by June 27, 2017.

    ADDRESSES:

    Written comments should be submitted to: Doris Lefkowitz, Reports Clearance Officer, AHRQ, by email at [email protected].

    Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from the AHRQ Reports Clearance Officer.

    FOR FURTHER INFORMATION CONTACT:

    Doris Lefkowitz, AHRQ Reports Clearance Officer, (301) 427-1477, or by email at [email protected].

    SUPPLEMENTARY INFORMATION: Proposed Project Medical Expenditure Panel Survey—Insurance Component

    In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, AHRQ invites the public to comment on this proposed information collection. Employer-sponsored health insurance is the source of coverage for 84.4 million current and former workers, plus many of their family members, and is a cornerstone of the U.S. health care system. The Medical Expenditure Panel Survey—Insurance Component (MEPS-IC) measures the extent, cost, and coverage of employer-sponsored health insurance on an annual basis. These statistics for private industry are produced at the National, State, and sub-State (metropolitan area) level. Statistics are also produced for State and Local governments.

    This research has the following goals:

    (1) Provide data for Federal policymakers evaluating the effects of National and State health care reforms.

    (2) Provide descriptive data on the current employer-sponsored health insurance system and data for modeling the differential impacts of proposed health policy initiatives.

    (3) Supply critical State and National estimates of health insurance spending for the National Health Accounts and Gross Domestic Product.

    The MEPS-IC is conducted pursuant to AHRQ's statutory authority to conduct surveys to collect data on the cost, use and quality of health care, including types and costs of private insurance, 42 U.S.C. 299b-2(a), and to conduct research on health care, 42 U.S.C. 299a.

    Method of Collection

    To achieve the goals of this project, following data collections will be implemented for both private sector and state and local government employers:

    (1) Pre-screener Questionnaire—The purpose of the Pre-screener Questionnaire, which is collected via telephone, varies depending on the insurance status of the establishment contacted. Establishment is defined as a single, physical location in the private sector and a governmental unit in state and local governments. For establishments that do not offer health insurance to their employees, the Pre-screener Questionnaire is used to collect basic information, such as number of employees. For establishments that do offer health insurance, the Pre-screener Questionnaire collects contact name and address information for the person in the establishment best equipped to complete the full questionnaire.

    (2) Establishment Questionnaire—The purpose of the mailed Establishment Questionnaire is to obtain general information from employers that provide health insurance to their employees, including total active enrollment in health insurance, other employee benefits, demographic characteristics of employees, and retiree health insurance.

    (3) Plan Questionnaire—The purpose of the mailed Plan Questionnaire is to collect plan-specific information on each plan (up to four plans) offered by establishments. This questionnaire obtains information on total premiums, employer and employee contributions to the premium, and plan enrollment for each type of coverage offered—single, employee-plus-one, and family—within a plan. It also asks for information on deductibles, copays, and other plan characteristics.

    The primary objective of the MEPS-IC is to collect information on employer-sponsored health insurance. Such information is needed in order to provide the tools for Federal, State, and academic researchers to evaluate current and proposed health policies and to support the production of important statistical measures for other Federal agencies.

    Estimated Annual Respondent Burden

    Exhibit 1 shows the estimated annualized burden hours for the respondent's time to participate in the MEPS-IC. The Pre-screener Questionnaire will be completed by 30,041 respondents and takes about 51/2 minutes to complete. The Establishment Questionnaire will be completed by 25,914 respondents and takes about 23 minutes to complete. The Plan Questionnaire will be completed by 22,943 respondents and will require an average of 2.2 responses per respondent. Each Plan Questionnaire takes about 11 minutes to complete. The total annualized burden hours are estimated to be 21,636 hours.

    Exhibit 2 shows the estimated annualized cost burden associated with the respondents' time to participate in this data collection. The annualized cost burden is estimated to be $691,703.

    Exhibit 1—Estimated Annualized Burden Hours for the 2018-2019 MEPS-IC Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Hours per
  • response
  • Total burden
  • hours
  • Pre-screener Questionnaire 30,041 1 0.09 2,704 Establishment Questionnaire 25,914 1 * 0.38 9,847 Plan Questionnaire 22,943 2.2 0.18 9,085 Total 78,898 na na 21,636 * The burden estimate printed on the establishment questionnaire is 45 minutes which includes the burden estimate for completing the establishment questionnaire, an average of 2.2 plan questionnaires, plus the prescreener. The establishment and plan questionnaires are sent to the respondent as a package and are completed by the respondent at the same time.
    Exhibit 2—Estimated Annualized Cost Burden for the 2018-2019 MEPS-IC Form name Number of
  • respondents
  • Total burden
  • hours
  • Average
  • hourly wage
  • rate *
  • Total cost
  • burden
  • Pre-screener Questionnaire 30,041 2,704 31.97 $86,447 Establishment Questionnaire 25,914 9,847 31.97 314,809 Plan Questionnaire 22,943 9,085 31.97 290,447 Total 78,898 21,636 na $691,703 * Based upon the mean hourly wage for Compensation, Benefits, and Job Analysis Specialists occupation code 13-1141, at https://www.bls.gov/oes/current/oes131141.htm (U.S. Department of Labor, Bureau of Labor Statistics).
    Request for Comments

    In accordance with the Paperwork Reduction Act, comments on AHRQ's information collection are requested with regard to any of the following: (a) Whether the proposed collection of information is necessary for the proper performance of AHRQ health care research and health care information dissemination functions, including whether the information will have practical utility; (b) the accuracy of AHRQ's estimate of burden (including hours and costs) of the proposed collection(s) of information; (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 upon the respondents, including the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and included in the Agency's subsequent request for OMB approval of the proposed information collection. All comments will become a matter of public record.

    Sharon B. Arnold, Acting Director.
    [FR Doc. 2017-08649 Filed 4-27-17; 8:45 am] BILLING CODE 4160-90-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Agency for Healthcare Research and Quality, HHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: “Generic Clearance for Questionnaire and Data Collection Testing, Evaluation, and Research for the Agency for Healthcare Research and Quality.

    DATES:

    Comments on this notice must be received by June 27, 2017.

    ADDRESSES:

    Written comments should be submitted to: Doris Lefkowitz, Reports Clearance Officer, AHRQ, by email at [email protected]

    Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from the AHRQ Reports Clearance Officer.

    FOR FURTHER INFORMATION CONTACT:

    Doris Lefkowitz, AHRQ Reports Clearance Officer, (301) 427-1477, or by email at [email protected]

    SUPPLEMENTARY INFORMATION: Proposed Project Generic Clearance for Questionnaire and Data Collection Testing, Evaluation, and Research for the Agency for Healthcare Research and Quality

    In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3520, AHRQ invites the public to comment on this proposed information collection. The Agency for Healthcare Research and Quality (AHRQ) requests that the Office of Management and Budget (OMB) reapprove generic pre-testing Clearance 0935-0124 for three years to facilitate AHRQ's efforts to (1) employ evaluation-type methods and techniques to improve AHRQ's current data collection and estimation procedures, (2) develop new collections and procedures, including toolkits, and (3) revise existing collections and procedures. AHRQ believes that developing, testing, and evaluating data collection and estimation procedures using survey methods and other techniques in anticipation of agency-sponsored studies can improve its information collection efforts, and the products it develops and allow AHRQ to be more responsive to fast-changing developments in the health care research field. AHRQ uses techniques to simplify data collection and estimation procedures, reduce respondent burden, and improve efficiencies to meet the needs of individuals and small business respondents who may have reduced budgets and staff.

    This clearance request is limited to research on data collection, toolkit development, and estimation procedures and reports and does not extend to the collection of data for public release or policy formation. The current Clearance (0935-0124) was granted on November 12, 2014, and expires on November 30, 2017.

    This generic clearance will allow AHRQ to draft and test toolkits, survey instruments and other data collection and estimation procedures more quickly and with greater lead time, thereby managing project time more efficiently and improving the quality of the data AHRQ collects. In some instances, the ability to test and evaluate toolkits, data collection and estimation procedures in anticipation of work or early in a project may result in the decision not to proceed with additional activities, which could save both public and private resources and eliminate respondent burden.

    This generic clearance will facilitate AHRQ's response to a changing environment. Many of the tools AHRQ develops are made available to the private sector to assist in improving health care quality. The health and health care environment changes rapidly and requires a quick response from AHRQ to provide refined tools.

    These preliminary research activities will not be used by AHRQ to regulate or sanction its customers. They will be entirely voluntary and the confidentiality of respondents and their responses will be preserved. Proposed information collections submitted under this generic clearance will be submitted for review by OMB with a response expected in 14 days.

    Method of Collection

    The information collected through preliminary research activities under this generic clearance will be used by AHRQ to employ techniques to (1) improve AHRQ's current data collection and estimation procedures, (2) develop new collections and procedures, including toolkits, and (3) revise existing collections and procedures in anticipation or in response to changes in the health or health care field. The end result will be improvement in AHRQ's data collections and procedures and the quality of data collected, a reduction or minimization of respondent burden, increased agency efficiency, and improved responsiveness to the public.

    Estimated Annual Respondent Burden

    Exhibit 1 shows the estimated burden hours, over the full 3 years of this clearance, for the respondents' time to participate in the research activities that may be conducted under this generic clearance. Mail surveys will be conducted with about 6,000 persons (2,000 per year for 3 years) and are estimated to average 20 minutes. Mail surveys may also be sent to respondents via email, and may include a telephone non-response follow-up. Telephone non-response follow-up for mailed surveys is not counted as a telephone survey in Exhibit 1. Not more than 600 persons, over 3 years, will participate in telephone surveys that will take about 40 minutes. Web-based surveys will be conducted with no more than 3,000 persons and will require no more than 10 minutes to complete. About 1,500 persons will participate in focus groups which may last up to two hours, while in-person interviews will be conducted with 600 persons and will take about 50 minutes. Automated data collection will be conducted for about 1,500 persons and could take up to 1 hour. Cognitive testing will be conducted with about 600 persons and is estimated to take 11/2 hours to complete. The total burden over 3 years is estimated to be 8,900 hours (about 2,967 hours per year).

    Exhibit 2 shows the estimated cost burden over 3 years, based on the respondent's time to participate in these research activities. The total cost burden is estimated to be $338,734.

    Exhibit 1—Estimated Burden Hours Over 3 Years Type of information collection Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Hours per
  • response
  • Total burden
  • hours
  • Mail/email * 6,000 1 20/60 2,000 Telephone 600 1 40/60 400 Web-based 3,000 1 10/60 500 Focus Groups 1,500 1 2.0 3,000 In-person 600 1 1.0 600 Automated ** 1,500 1 1.0 1,500 Cognitive Testing *** 600 1 1.5 900 Totals 13,800 na na 8,900 * May include telephone non-response follow-up in which case the burden will not change ** May include testing of database software, CAPI software or other automated technologies. *** May include cognitive interviews for questionnaire or toolkit development, or “think aloud” testing of prototype Web sites.
    Exhibit 2—Estimated Cost Burden Over 3 Years Type of information collection Number of
  • respondents
  • Total burden
  • hours
  • Average
  • hourly
  • wage rate *
  • Total cost
  • burden
  • Mail/email 6,000 2,000 $38.06 $76,120 Telephone 600 400 38.06 15,224 Web-based 3,000 500 38.06 19,030 Focus Groups 1,500 3,000 38,06 114,180 In-person 600 600 38.06 22,836 Automated 1,500 1,500 38.06 57,090 Cognitive Testing 600 900 38.06 34,254 Totals 13,800 8,900 na 338,734 * Based upon the average wages for 29-000 (Healthcare Practitioner and Technical Occupations), “National Compensation Survey: Occupational Wages in the United States, May 2016,” U.S. Department of Labor, Bureau of Labor Statistics https://www.bls.gov/oes/current/oes_nat.htm#29-0000.
    Request for Comments

    In accordance with the Paperwork Reduction Act, comments on AHRQ's information collection are requested with regard to any of the following: (a) Whether the proposed collection of information is necessary for the proper performance of AHRQ health care research and health care information dissemination functions, including whether the information will have practical utility; (b) the accuracy of AHRQ's estimate of burden (including hours and costs) of the proposed collection(s) of information; (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 upon the respondents, including the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and included in the Agency's subsequent request for OMB approval of the proposed information collection. All comments will become a matter of public record.

    Sharon B. Arnold, Acting Director.
    [FR Doc. 2017-08652 Filed 4-27-17; 8:45 am] BILLING CODE 4160-90-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Announcement of Requirements and Registration for Healthy Behavior Challenge AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC) located within the Department of Health and Human Services (HHS) announces the launch of the Healthy Behavior Data Challenge. The Healthy Behavior Data Challenge responds to the call for new ways to address the challenges and limitations of self-reported health surveillance information and tap into the potential of innovative data sources and alternative methodologies for public health surveillance. Challenge participants will propose data sources and approaches for aggregating data from wearable devices, mobile applications and/or social media in the areas of nutrition, physical activity, sedentary behaviors, and/or sleep. Conducted in two phases, Phase I (Prototype Development) entails Challenge participants developing a concept proposal for obtaining data collected from wearable devices, mobile applications and/or social media for public health surveillance purposes. In Phase II (Prototype Implementation), a subset of submissions (up to 3) with promising concepts will be invited to test their proposed approaches for ongoing public health surveillance.

    DATES:

    The Challenge is effective April 28, 2017 and will conclude December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Machell Town, National Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control and Prevention, 4770 Buford Highway NE., MS F-78, Chamblee, Georgia 30341; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Award Approving Official: Anne Schuchat, MD, (RADM, USPHS) Acting Director, Centers for Disease Control and Prevention, and Acting Administrator, Agency for Toxic Substances and Disease Registry.

    The Behavioral Risk Factor Surveillance System (BRFSS) is the nation's premier system of health-related telephone surveys that collect state data about U.S. residents regarding their health-related risk behaviors, chronic health conditions, and use of preventive services. Established in 1984 with 15 states, BRFSS now collects data in all 50 states as well as the District of Columbia and three U.S. territories. BRFSS completes more than 400,000 adult interviews each year, making it the largest continuously conducted health survey system in the world.

    The collection of health data through traditional surveillance modes including telephone and in-person interviewing, however, is becoming increasingly challenging and costly with declines in participation and changes in personal communications. In addition, the self-reported nature of responses particularly in the areas of nutrition, physical activity, sedentary behaviors, and sleep has been a major limitation in these surveillance systems, since self-reported data are subject to under/over reporting and recall bias. Meanwhile, the advent of new technologies and data sources including wearable devices (such as: Smart watches, activity trackers, sleep monitors, etc.), mobile health applications on smartphones or tablets, and data from social media represents an opportunity to enhance the ability to monitor health-related information and potentially adjust for methodological limitations in traditional self-reported data.

    The Healthy Behavior Data (HBD) Challenge will be conducted concurrently with a similar challenge proposed by the Public Health Agency of Canada. This will enable the two countries to learn from their respective challenges and leverage information. We expect increased efficiency with a dual challenge.

    Submissions will be accepted starting April 28, 2017. The submission period for phase I will end on July 31, 2017. The Phase II (Prototype Implementation) submission period will begin September 4, 2017 and end December 31, 2017. The grand prize finalist is anticipated to be announced in February of 2018.

    Information on the Behavioral Risk Factor Surveillance System can be found at www.cdc.gov/brfss.

    Subject of Challenge Competition

    The Healthy Behavior Data Challenge responds to the call for new ways to address the challenges and limitations of self-reported health surveillance information and tap into the potential of innovative data sources and alternative methodologies for public health surveillance.

    The Healthy Behavior Data (HBD) Challenge will support the development and implementation of prototypes to use these novel methodologies and data sources (e.g., wearable devices, mobile applications, and/or social media) to enhance traditional healthy behaviors surveillance systems in the areas of nutrition, physical activity, sedentary behaviors, and/or sleep among the adult population aged 18 years and older in the U.S. and U.S. territories.

    Ideation Period

    The Challenge will launch as an ideation/open submission period in which eligible participants (outlined in Eligibility Rules) may register and submit an entry onto the Challenge Web site (https://www.challenge.gov/challenge/the-healthy-behavior-data-challenge/). Information about the Challenge and a link to the Challenge Web site can also be found at Challenge.gov. The 13-week ideation period will be followed by a 16-week resubmission period held for those who were chosen by the judges as semifinalists to further refine their idea. The Challenge Web site serves as the destination and submission portal. Participants may find the Challenge rules, eligibility criteria, evaluation criteria, additional resources, and the Challenge timeline on the Challenge Web site or at Challenge.gov.

    Submission Requirements

    Entries not in compliance with the submission requirements outlined below will be ineligible for further review and prize award. During the open submission period, eligible participants may register and submit an entry onto the Challenge Web site, to include:

    Phase I (Prototype Development)

    1. A completed HBD Challenge Submission Template describing the proposed project, project personnel and data sources.

    2. A PowerPoint or other visual presentation of the proposed project including purpose, methods and anticipated outcomes of the proposed approach, which could be used to present the proposal to a judging panel.

    3. A description of data that are anticipated to be captured by the proposed approach, comparability to the Behavioral Risk Factor Surveillance System (BRFSS), and, if applicable, descriptions of online app(s), web-based tools or communication devices used to recruit or track subjects' healthy behavior information.

    4. Proposal of a viable data source(s) from a currently available or a feasible future source (such as a proposed app or online tool). HBD Challenge participants may propose the use of public and/or private data sources, as long as respondent agrees to participate and the respondent confidentiality and privacy are maintained.

    5. A demonstration of how CDC would be able to access the data.

    6. A detailed outline of the information that will be obtained.

    7. A demonstration of how data will be extracted and collected: Present the format in which it will be stored.

    8. A description of how the new data source(s) could be linked with other data sources, in a statistically robust manner that could result in useful public health insights, citing statistical approaches and evidence to support the proposal.

    9. A focus on one or more behavioral factors including physical activity, sleep, sedentary behaviors, and/or nutrition.

    10. Information about the population reached and generalizability of the approach.

    11. A description of how data could be stratified by demographic characteristics (e.g. age, sex, education, geographic jurisdiction).

    12. An indication of how information gathered addresses some or all of the following common metrics in one or more of the healthy behavior topics below:

    a. Sleep:

    i. Hours of sleep per night (sleep duration) ii. Amount of time awake (sleep quality) iii. Number of times awake (sleep quality) iv. Number of adults reporting having trouble getting to and staying asleep v. Time to fall asleep vi. Amount of time in REM vs. non-REM sleep (duration of sleep stage) vii. Heart rate viii. Respiration ix. Sleep behaviors such as snoring, sleep talking, and sleep movement

    b. Sedentary Behaviors:

    i. Average number of hours per day spent sedentary, excluding sleep time ii. Average number of hours per week spent on a computer/screen including watching TV, videos, playing computer games, emailing or using the internet iii. Sedentary data with additional information on location (work, school, community, etc.) broken down by weekday and weekend day

    c. Nutrition:

    i. Total calories consumed per day ii. Consumption of fruit (not including juices) by day, week, or month iii. Consumption of green leafy or lettuce salads, with or without other vegetables, by day, week, or month iv. Consumption of vegetables (not including lettuce salads and potatoes) by day, week, or month v. Number of sugar-sweetened beverages consumed by day, week, or month vi. Number of caffeinated drinks consumed by day, week, or month

    d. Physical activity:

    i. Minutes of moderate-to-vigorous physical activity (MVPA) per day (ideally by location—work, school, in community) ii. Daily number of steps iii. Miles/km (Distance) on foot iv. Number of days of physical activity/week or month (and established number of days in one month) v. Minutes of moderate-to-vigorous physical activity (MVPA) per day (ideally by location—work, school, in community) broken down by week day and weekend day. vi. Calories burned vii. Type of activity (aerobic, strength, etc.) viii. Active minutes ix. Duration of exercise x. Flights of stairs climbed xi. Average and peak heart rate xii. Occupational physical activity and active chores amount: (location of physical activity) xiii. Number of hours of reported physical activities while at work, in or around household xiv. Leisure time physical activity amount: xv. # of hours per week adult participants spent in sports, fitness or recreational physical activities, organized or non-organized, that lasted a minimum of 10 continuous minutes xvi. Number of adults reporting and time spent walking or cycling to work or school

    Participants may also choose to suggest additional metrics in the areas of nutrition, physical activity, sedentary behaviors, and/or sleep. If additional metrics are included, the participant should include a short description of the data and how it might inform public health efforts (such information and data will be collected in accordance with any applicable laws and regulations).

    Phase II (Prototype Implementation Phase)

    During The Phase II Prototype Implementation Phase, the six submissions selected under Phase I will test their solutions, utilizing their previously collected data from 300 or more adults (aged 18 and above) residing in the U.S. or its territories. During this phase there will be an opportunity for HBD Challenge participants to incorporate data from existing surveys including the Behavioral Risk Factor Surveillance System (BRFSS).

    Phase II (Prototype Implementation) allows applicants to test proposals developed in Phase I. The prototype is a demonstration of possible methods for supplementing data from existing surveillance systems (such as the BRFSS). This prototype is not meant to be merged with existing surveillance systems, but rather to complement data collected with current infrastructures. At the end of implementation HBD Challenge participants should be able to:

    1. Compare data obtained by the prototype to data from the BRFSS in the areas of nutrition, physical activity, sedentary behaviors, and/or sleep.

    2. Demonstrate how data from the included participants could be stratified by demographics (age, sex, education, etc.).

    3. Demonstrate the ease of adding additional types of mobile applications and wearable devices to existing survey methodologies.

    4. Report that describes the prototype/methodology and the prototype's anticipated strengths and limitations for surveillance.

    5. Demonstrate the applicability of the non-traditional data source(s) for ongoing public health surveillance purposes.

    6. Describe the prototype in detail, including purpose, method, outcomes and comparability to data obtained from the Behavioral Risk Factor Surveillance System (BRFSS).

    7. Provide a working prototype including data (in Excel format) obtained using the prototype from 300 or more adult respondents residing in the U.S. or its territories. The data must include the age, gender, location, and at least one of the measures associated with the HBD Challenge in the areas of nutrition, physical activity, sedentary behaviors and/or sleep.

    8. Provide a PowerPoint presentation to the judges and invited CDC personnel which includes information on the purpose, methods, outcomes and comparability to the BRFSS.

    Submissions must be free of security threats and/or malware. Applicants/Contestants agree that CDC may conduct testing on the product/submission to determine whether malware or other security threats may be present. CDC may disqualify the product if, in CDC's judgment, the app may damage government or others' equipment or operating environment or if the app, in CDC's judgment, is inconsistent with CDC's public health mission, utilizes software or other technologies without appropriate licenses, or any other reason deemed necessary.

    How To Enter

    Participants may enter by visiting healthdatachallenge.gov and challenge.gov and following the instructions for submission. The U.S. and Canadian challenges are being run in parallel and U.S. entrants should submit to this contest via challenge.gov and Canadian citizens to the Canadian contest found at healthdatachallenge.gov.

    Eligibility Rules for Participating in the Competition

    To be eligible to win a prize under this challenge, an individual or entity—

    (1) Shall have registered to participate in the competition under the rules promulgated by the Centers for Disease Control and Prevention;

    (2) Shall have complied with all the requirements under this section;

    (3) In the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States; and

    (4) May not be a Federal entity or Federal employee acting within the scope of their employment.

    (5) Shall not be an HHS employee working on their applications or submissions during assigned duty hours.

    (6) Are an individual or team comprised of members each of who are 18 years of age or over.

    (7) Are not on the Excluded Parties List System located at www.sam.gov.

    Additionally:

    (a) Federal grantees may not use Federal funds to develop challenge applications unless consistent with the purpose of their grant award. Federal contractors may not use Federal funds from a contract to develop challenge applications or to fund efforts in support of a challenge submission.

    (b) Employees of CDC, and/or any other individual or entity associated with the development, evaluation, or administration of the Challenge as well as members of such persons' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Challenge.

    (c) An individual or entity shall not be deemed ineligible because the individual or entity used Federal facilities or consulted with Federal employees during a competition if the facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis.

    (d) Applicants must agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from their participation in a competition, whether the injury, death, damage, or loss arises through negligence or otherwise.

    (e) A solution may be disqualified if it fails to function as expressed in the description provided by the user, or if it provides inaccurate or incomplete information.

    (f) CDC reserves the right to disqualify participants from the Challenge for inappropriate, derogatory, defamatory, or threatening comments or communication through the Challenge Web site or on the Challenge.gov Web site.

    (g) Submissions must be free of security threats and/or malware. Applicants/Contestants agree that CDC may conduct testing on the product/submission to determine whether malware or other security threats may be present. CDC may disqualify the product if, in CDC's judgment, the product may damage government or others' equipment or operating environment.

    (h) Applicants must obtain liability insurance or demonstrate financial responsibility in the amount of $0 for claims by: (1) A third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered applicant's insurance policy and registered applicant's agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and (2) the Federal Government for damage or loss to Government property resulting from such an activity. Applicants who are a group must obtain insurance or demonstrate financial responsibility for all members of the group.

    (i) By participating in the Challenge, each Applicant agrees to comply with and abide by these Official Rules, Terms & Conditions and the decisions of the Federal Agency sponsors and/or the individual judges, which shall be final and binding in all respects.

    Registration Process for Participants

    To register for this Challenge, participants can access https://www.challenge.gov/challenge/the-healthy-behavior-data-challenge/ anytime during the proposal submission period stated above to register.

    Amount of the Prize

    In Phase I (Prototype Development), participants will compete for a $30,000 prize pot from which up to six teams or submissions will be selected to receive a $5000 prize each).

    In phase II, up to 3 participants will compete for a $70,000 prize pot. The following prizes will be awarded:

    One First Place winner of $40,000 One Second Place winner of $20,000 One Third Place winner of $10,000 Three (3) winners will be notified via email. Payment of the Prize

    Prizes awarded under this competition will be paid by electronic funds transfer and may be subject to Federal income taxes. HHS will comply with the Internal Revenue Service withholding and reporting requirements, where applicable.

    Basis Upon Which Winner Will Be Selected

    A review panel composed of subject-matter experts will judge eligible HBD Challenge entries. A judging panel will make final winner selections based upon the criteria outlined below and in compliance with the HHS Competition Judging Guidelines.

    Phase I Scoring Criteria

    All Criteria are scaled 1-5, with 1 being the lowest score on each dimension and 5 being the highest score on each dimension. Scores are weighted by the proportion of each dimension and then aggregated to create a final score.

    1. Efficacy of Prototype (20%)

    1 = Prototype is likely to not work in a way that is statistically appropriate/5 = Prototype is likely to successfully collect, and harmonize data, in a statistically robust manner, across multiple data sources to address common metrics.

    2. Promise of Comparability to BRFSS Findings (20%)

    1 = Prototype does not consider stratification parameters, or applies to only a narrow population/5 = Prototype holds promise for capturing data that is valid, reliable, and representative of a large population.

    3. Acceptability (15%)

    1 = All parties expressed concerns with data being used in terms of respondent privacy, feasibility and utility/5 = All parties involved are comfortable with data being used in terms of respondent privacy, feasibility and utility. NOTE: This means that federal and state restrictions on data collection and assurance of confidentiality are being respected. Any proposals that appear to violate the Privacy Act, HIPAA, and FERPA will be unacceptable. (Mandatory criteria; if not scored 5, prototype may be disqualified).

    4. Innovation (15%)

    1 = Prototype duplicates existing approach/5 = Prototype presents a novel approach.

    5. Feasibility of Prototype (15%)

    1 = Prototype is not feasible due to factors like cost, availability of data, etc./5 = Prototype is feasible and addresses potential implementation challenges by offering solutions.

    6. Generalizability (10%)

    1 = Prototype is not generalizable to a range of data sources/5 = Prototype is generalizable to a range of data sources.

    7. Breadth of Data Collected (Scope) (5%)

    1 = Prototype does not address required metrics, across the identified content area(s)/5 = Prototype includes required metrics.

    Phase II Scoring Criteria

    All Criteria are scaled 1-5, with 1 being the lowest score on each dimension and 5 being the highest score on each dimension. Scores are weighted by the proportion of each dimension and then aggregated to create a final score. Judging criteria for Phase II include:

    • Data quality (20%)

    1 = Prototype does not provide data that are likely to be valid or reliable or representative of a population/5 = Prototype provides data that demonstrate validity, reliability, and representativeness.

    • Ability to complement BRFSS Findings (20%)

    1 = Prototype does not outline steps to complement BRFSS efforts/5 = Prototype is provides data which can complement and/or supplement measures collected by the BRFSS or other publically available traditional surveillance systems.

    • Validation of or Enhancement of existing national public health surveillance data (20%)

    1 = Prototype cannot be statistically aligned with currently available health data/5 = Prototype statistically aligns with available data across population sub-groups.

    • Flexibility (10%)

    1 = Prototype does not demonstrate the ability to include additional types of data and data sources/5 = Prototype demonstrates flexibility in the ability to add different data types and data from additional sources.

    • Simplicity (structure and ease of operation) (10%)

    1 = Prototype's structure and operation is complex/5 = Prototype's structure is clear and easy to implement; it is not burdensome on current systems.

    • Resources for system operation (10%)

    1 = Prototype requires heavy resource burden in terms of cost, training, administration, infrastructure/5 = Prototype has low resource burden in terms of cost, training, administration, infrastructure.

    • Timeliness (5%)

    1 = there is a significant gap in time between data collection and analysis/5 = there is a real-time monitoring through the collected data.

    • Stratification by Demographics (5%)

    1 = Prototype is unable to stratify the data by key demographics/5 = Prototype is able to stratify the data by age, sex, education, and race/ethnicity.

    Additional Information

    An individual or entity shall not be deemed ineligible because the individual or entity used Federal facilities or consulted with Federal employees during a competition if the facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis.

    Participants must also agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from my participation in this prize contest, whether the injury, death, damage, or loss arises through negligence or otherwise.

    Participants are required to obtain liability insurance or demonstrate financial responsibility in the amount of $0, for claims by a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a challenge.

    Participants must also agree to indemnify the Federal Government against third party claims for damages arising from or related to HBD Challenge activities.

    CDC reserves the right to cancel, suspend, and/or modify the HBD Challenge, or any part of it, for any reason, at CDC's sole discretion.

    Compliance With Rules and Contacting Contest Winners

    Finalists and the Contest Winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements herein. The initial finalists will be notified by email, telephone, or mail after the date of the judging. Awards may be subject to Federal income taxes, and the Department of Health and Human Services will comply with the Internal Revenue Service withholding and reporting requirements, where applicable.

    Intellectual Property (IP) Rights

    • Applicants are free to discuss their submission and the ideas or technologies that it contains with other parties; encouraged to share ideas/technologies publicly; encouraged to collaborate or combine with other teams to strengthen their solutions; and are free to contract with any third parties. Applicants should be aware that any agreement signed or obligation undertaken in regards to their participation in this HBD Challenge that conflicts with the HBD Challenge rules, terms and conditions may result in disqualification of the Applicant's submission.

    • Upon submission, each Applicant warrants that he or she is the sole author and owner of the work and any pertinent Intellectual Property (IP) rights, that the work is wholly original of the Applicant (or is an improved version of an existing work that the Applicant has sufficient rights to use—including the substantial improvement of existing open-source work), and that it does not infringe any copyright or any other rights of any third party of which Applicant is aware. Each Applicant also warrants that the work is free of security threats and/or malware.

    • Applicants retain ownership of the data that they develop and deliver under the scope of the HBD Challenge, including any software, research product, or other intellectual property (“IP”) that they develop in connection therewith. Applicants agree to grant a license to the Federal Agency sponsor (CDC) for the use of the IP developed in connection with the HBD Challenge as set forth herein.

    • Each Applicant must clearly delineate any Intellectual Property (IP) and/or confidential commercial information contained in a submission that is owned by the Applicant, and which the Applicant wishes to protect as proprietary data.

    • Upon completion of the HDB Challenge period, applicants consent to grant CDC an unlimited, non-exclusive, royalty-free, worldwide license and the right to reproduce, publically perform, publically display, and use the Submission, including, without limitation, for promotional purposes relating to the HBD Challenge.

    • All materials submitted to CDC as part of a submission become CDC agency records. Any confidential commercial or financial information contained in a submission must be clearly designated at the time of submission.

    • If the Submission includes any third party works (such as third party content or open source code), Applicant must be able to provide, upon request, documentation of all appropriate licenses and releases for use of such third party works. If Applicant cannot provide documentation of all required licenses and releases, Federal Agency sponsors reserve the right, at their sole discretion, to disqualify the Submission. Conversely, they may seek to secure the licenses and releases and allow the applicable Submission to remain in the HBD Challenge, while reserving all applicable Federal agency rights with respect to such licenses and releases.

    Privacy

    If Contestants choose to provide the CDC with personal information by registering or filling out the submission form through the Challenge.gov Web site, that information is used to respond to Contestants in matters regarding their submission, announcements of entrants, finalists, and winners of the Contest. Information is not collected for commercial marketing. Winners are permitted to cite that they won this contest.

    General Conditions

    The CDC reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, for any reason, at CDC's sole discretion.

    Participation in this Contest constitutes a contestants' full and unconditional agreement to abide by the Contest's Official Rules found at www.Challenge.gov.

    Authority:

    15 U.S.C. 3719.

    Dated: April 26, 2017. Sandra Cashman, Executive Secretary, Centers for Disease Control and Prevention.
    [FR Doc. 2017-08778 Filed 4-27-17; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-304/CMS-304a, CMS-368/CMS-R-144, and CMS-R-308] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by May 30, 2017.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR, Email: [email protected]

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at Web site address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    William Parham at (410) 786-4669.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. Comments submitted in response to the 60-day FR Notice have been addressed in Appendix A of the ICR. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Reconciliation of State Invoice and Prior Quarter Adjustment Statement; Use: Form CMS-304 (Reconciliation of State Invoice) is used by manufacturers to respond to the state's rebate invoice for current quarter utilization. Form CMS-304a (Prior Quarter Adjustment Statement) is required only in those instances where a change to the original rebate data submittal is necessary. Form Number: CMS-304 and -304a (OMB control number: 0938-0676); Frequency: Quarterly; Affected Public: Business or other for-profits; Number of Respondents: 1,037; Total Annual Responses: 4,148; Total Annual Hours: 187,880. (For policy questions regarding this collection contact Andrea Wellington at 410-786-3490.)

    2. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Medicaid Drug Rebate Program Forms; Use: We develop the rebate amount per drug unit from information supplied by the drug manufacturers and distributes these data to the states. States then must report quarterly to the drug manufacturers and report to us the total number of units of each dosage form/strength of their covered outpatient drugs reimbursed during a quarter and the rebate amount to be refunded. This report is due within 60 days of the end of each calendar quarter. The information in the report is based on claims paid by the state Medicaid agency during a calendar quarter. Form CMS-R-144 (Quarterly Report Data) is required from states quarterly to report utilization for any drugs paid for during that quarter. Form CMS-368 (Administrative Data) is required only in those instances where a change to the original data submittal is necessary. Form Number: CMS-368 and -R-144 (OMB control number: 0938-0582); Frequency: Quarterly; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 56; Total Annual Responses: 224; Total Annual Hours: 12,101. (For policy questions regarding this collection contact Andrea Wellington at 410-786-3490.)

    3. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: State Children's Health Insurance Program and Supporting Regulations; Use: States must submit title XXI plans and amendments for approval by the Secretary. We use the plan and its subsequent amendments to determine if the state has met the requirements of title XXI. Information provided in the state plan, state plan amendments, and from the other information we are collecting will be used by advocacy groups, beneficiaries, applicants, other governmental agencies, providers groups, research organizations, health care corporations, health care consultants. States will use the information collected to assess state plan performance, health outcomes and an evaluation of the amount of substitution of private coverage that occurs as a result of the subsidies and the effect of the subsidies on access to coverage. Form Number: CMS-R-308 (OMB control number: 0938-0841); Frequency: Yearly, Once, and Occasionally; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 56; Total Annual Responses: 28,294,596; Total Annual Hours: 1,473,885. (For policy questions regarding this collection contact Amy Lutzky at 410-786-0721).

    Dated: April 25, 2017. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2017-08663 Filed 4-27-17; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-10151, CMS-10199, CMS-R-13, CMS-10279] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by May 30, 2017.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR, Email: [email protected].

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at Web site address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    William Parham at (410) 786-4669.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. Comments submitted in response to the 60-day Federal Register Notice have been addressed in Appendix A of the ICR. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Reinstatement with change of a previously approved collection; Title of Information Collection: Data Collection for Medicare Beneficiaries Receiving Implantable Cardioverter-Defibrillators for Primary Prevention of Sudden Cardiac Death; Use: We provide coverage for implantable cardioverter-defibrillators (ICDs) for secondary prevention of sudden cardiac death based on extensive evidence showing that use of ICDs among patients with a certain set of physiologic conditions are effective. Accordingly, we consider coverage for ICDs reasonable and necessary under Section 1862(a)(1)(A) of the Social Security Act. However, evidence for use of ICDs for primary prevention of sudden cardiac death is less compelling for certain patients.

    To encourage responsible and appropriate use of ICDs, we issued a “Decision Memo for Implantable Defibrillators” on January 27, 2005, indicating that ICDs will be covered for primary prevention of sudden cardiac death if the beneficiary is enrolled in either an FDA-approved category B IDE clinical trial (42 CFR 405.201), a trial under the CMS Clinical Trial Policy (NCD Manual § 310.1) or a qualifying prospective data collection system (either a practical clinical trial or prospective systematic data collection, which is sometimes referred to as a registry). Form Number: CMS-10151 (OMB control number: 0938-0967); Frequency: Occasionally; Affected Public: Business or other for-profits, Not-for-profit institutions; Number of Respondents: 1,600; Total Annual Responses: 80,000; Total Annual Hours: 20,000. (For policy questions regarding this collection contact JoAnna Baldwin at 410-786-7205.)

    2. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Data Collection for Medicare Facilities Performing Carotid Artery Stenting with Embolic Protection in Patients at High Risk for Carotid Endarterectomy; Use: We provide coverage for carotid artery stenting (CAS) with embolic protection for patients at high risk for carotid endarterectomy and who also have symptomatic carotid artery stenosis between 50 percent and 70 percent or have asymptomatic carotid artery stenosis ≥80 percent in accordance with the Category B IDE clinical trials regulation (42 CFR 405.201), a trial under the CMS Clinical Trial Policy (NCD Manual § 310.1, or in accordance with the National Coverage Determination on CAS post approval studies (Medicare NCD Manual 20.7). Accordingly, we consider coverage for CAS reasonable and necessary (section 1862(A)(1)(a) of the Social Security Act). However, evidence for use of CAS with embolic protection for patients with high risk for carotid endarterectomy and who also have symptomatic carotid artery stenosis ≥70 percent who are not enrolled in a study or trial is less compelling. To encourage responsible and appropriate use of CAS with embolic protection, we issued a Decision Memo for Carotid Artery Stenting on March 17, 2005, indicating that CAS with embolic protection for symptomatic carotid artery stenosis ≥70 percent will be covered only if performed in facilities that have been determined to be competent in performing the evaluation, procedure and follow-up necessary to ensure optimal patient outcomes. In accordance with this criteria, we consider coverage for CAS reasonable and necessary (section 1862(A)(1)(a) of the Social Security Act). Form Number: CMS-10199 (OMB control number: 0938-1011); Frequency: Yearly; Affected Public: Business or other for-profit and Not-for-profit institutions; Number of Respondents: 1,370; Total Annual Responses: 4,110; Total Annual Hours: 28,998. (For policy questions regarding this collection contact Sarah Fulton at 410-786-2749.)

    3. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Conditions of Coverage for Organ Procurement Organizations and Supporting Regulations; Use: Section 1138(b) of the Social Security Act, as added by section 9318 of the Omnibus Budget Reconciliation Act of 1986 (Pub. L. 99-509), sets forth the statutory qualifications and requirements that organ procurement organizations (OPOs) must meet in order for the costs of their services in procuring organs for transplant centers to be reimbursable under the Medicare and Medicaid programs. An OPO must be certified and designated by the Secretary as an OPO and must meet performance-related standards prescribed by the Secretary. The corresponding regulations are found at 42 CFR part 486 (Conditions for Coverage of Specialized Services Furnished by Suppliers) under subpart G (Requirements for Certification and Designation and Conditions for Coverage: Organ Procurement Organizations).

    Since each OPO has a monopoly on organ procurement within its designated service area (DSA), we must hold OPOs to high standards. Collection of this information is necessary for us to assess the effectiveness of each OPO and determine whether it should continue to be certified as an OPO and designated for a particular donation service area by the Secretary or replaced by an OPO that can more effectively procure organs within that DSA. Form Number: CMS-R-13 (OMB control number: 0938-0688); Frequency: Occasionally; Affected Public: Not-for-profit institutions; Number of Respondents: 58; Total Annual Responses: 58; Total Annual Hours: 13,546. (For policy questions regarding this collection contact Diane Corning at 410-786-8486.)

    4. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Ambulatory Surgical Center Conditions for Coverage; Use: The Ambulatory Surgical Center (ASC) Conditions for Coverage (CfCs) focus on a patient-centered, outcome-oriented, and transparent processes that promote quality patient care. The CfCs are designed to ensure that each facility has properly trained staff to provide the appropriate type and level of care for that facility and provide a safe physical environment for patients. The CfCs are used by Federal or state surveyors as a basis for determining whether an ASC qualifies for approval or re-approval under Medicare. We, along with the healthcare industry, believe that the availability to the facility of the type of records and general content of records, which this regulation specifies, is standard medical practice and is necessary in order to ensure the well-being and safety of patients and professional treatment accountability. Form Number: CMS-10279 (OMB control number: 0938-1071); Frequency: Annual; Affected Public: Business or other for-profit and Not-for-profit institutions; Number of Respondents: 5,500; Total Annual Responses: 5,500; Total Annual Hours: 209,000. (For policy questions regarding this collection contact Jacqueline Leach at 410-786-4282.)

    Dated: April 26, 2017. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2017-08738 Filed 4-27-17; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-1551] Determination That DEMEROL (Meperidine Hydrochloride) Injectable and Other Drug Products Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) has determined that the drug products listed in this document were not withdrawn from sale for reasons of safety or effectiveness. This determination means that FDA will not begin procedures to withdraw approval of abbreviated new drug applications (ANDAs) that refer to these drug products, and it will allow FDA to continue to approve ANDAs that refer to the products as long as they meet relevant legal and regulatory requirements. Through this notice, FDA is hoping to stimulate the economy and increase the regulatory certainty with respect to generic versions of these drug products by confirming that generic versions of the subject drug products may continue to be marketed.

    FOR FURTHER INFORMATION CONTACT:

    Stacy Kane, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6236, Silver Spring, MD 20993-0002, 301-796-8363, [email protected]

    SUPPLEMENTARY INFORMATION:

    In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products approved under an ANDA procedure. ANDA applicants must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the “listed drug,” which is a version of the drug that was previously approved. ANDA applicants do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA).

    The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the “Approved Drug Products With Therapeutic Equivalence Evaluations,” which is generally known as the “Orange Book.” Under FDA regulations, a drug is removed from the list if the Agency withdraws or suspends approval of the drug's NDA or ANDA for reasons of safety or effectiveness, or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162).

    Under § 314.161(a) (21 CFR 314.161(a)), the Agency must determine whether a listed drug was withdrawn from sale for reasons of safety or effectiveness: (1) Before an ANDA that refers to that listed drug may be approved, (2) whenever a listed drug is voluntarily withdrawn from sale and ANDAs that refer to the listed drug have been approved, and (3) when a person petitions for such a determination under 21 CFR 10.25(a) and 10.30. Section 314.161(d) provides that if FDA determines that a listed drug was withdrawn from sale for safety or effectiveness reasons, the Agency will initiate proceedings that could result in the withdrawal of approval of the ANDAs that refer to the listed drug.

    FDA has become aware that the drug products listed in the table in this document are no longer being marketed.

    Application No. Drug name Active ingredient(s) Strength(s) Dosage form/route Applicant NDA 005010 DEMEROL Meperidine Hydrochloride 50 milligrams (mg)/5 milliliter (mL) Syrup; Oral U.S. Pharmaceutical Holdings II, LLC. NDA 006035 METHERGINE Methylergonovine Maleate 0.2 mg Tablet; Oral Edison Therapeutics LLC. NDA 007337 PERCODAN and PERCODAN-DEMI Aspirin, Oxycodone Hydrochloride, Oxycodone Terephthalate 325 mg, 4.5 mg, 0.38 mg; and 325 mg, 2.25 mg, 0.19 mg Tablet; Oral Endo Pharmaceuticals Inc. NDA 008720 LEVO-DROMORAN Levorphanol Tartrate 2 mg Tablet; Oral Valeant Pharmaceuticals North America LLC. NDA 008848 PAMINE and PAMINE FORTE Methscopolamine Bromide 2.5 mg and 5 mg Tablet; Oral Fougera Pharmaceuticals Inc. NDA 009470 XYLOCAINE VISCOUS Lidocaine Hydrochloride 2% Solution; Oral Fresenius Kabi USA, LLC. NDA 010485 ATARAX Hydroxyzine Hydrochloride 10 mg/5 mL Syrup; Oral Pfizer Inc. NDA 010742 COMPAZINE Prochlorperazine Edisylate Equivalent to (EQ) 5 mg Base/mL Injectable; Injection GlaxoSmithKline. NDA 012111 MYDRIACYL Tropicamide 0.5%; 1% Solution/Drops; Ophthalmic Alcon Laboratories Inc. NDA 012248 PLEGINE Phendimetrazine Tartrate 35 mg Tablet; Oral Wyeth Ayerst Laboratories. NDA 012365 SOMA COMPOUND Aspirin; Carisoprodol 325 mg; 200 mg Tablet; Oral Meda Pharmaceuticals Inc. NDA 012366 SOMA COMPOUND W/CODEINE Aspirin; Carisoprodol; Codeine Phosphate 325 mg; 200 mg; 16 mg Tablet; Oral Ditto. NDA 016012 VIVACTIL Protriptyline Hydrochloride 5 mg; 10 mg Tablet; Oral Teva Women's Health, Inc. NDA 017352 FASTIN Phentermine Hydrochloride 30 mg Capsule; Oral GlaxoSmithKline. NDA 017690 IMODIUM Loperamide Hydrochloride 2 mg Capsule; Oral Johnson & Johnson Consumer Inc. NDA 017694 IMODIUM Loperamide Hydrochloride 2 mg Capsule; Oral Ditto. NDA 017741 FLORONE Diflorasone Diacetate 0.05% Cream; Topical Pharmacia and Upjohn Co. NDA 017802 LO/OVRAL-28 Ethinyl Estradiol; Norgestrel 0.03 mg; 0.3 mg Tablet; Oral-28 Wyeth Pharmaceuticals Inc. NDA 017857 STADOL Butorphanol Tartrate 2 mg/mL Injectable; Injection Delcor Asset Corporation. NDA 017857 STADOL PRESERVATIVE FREE Butorphanol Tartrate 1 mg/mL; 2 mg/mL Injectable; Injection Ditto. NDA 018342 WELLCOVORIN Leucovorin Calcium EQ 5 mg Base; EQ 25 mg Base Tablet; Oral GlaxoSmithKline. NDA 018353 FLAGYL I.V. Metronidazole Hydrochloride EQ 500 mg Base/Vial Injectable; Injection G.D. Searle LLC, a subsidiary of Pfizer Inc. NDA 018733 TALWIN NX Naloxone Hydrochloride; Pentazocine Hydrochloride EQ 0.5 mg Base; EQ 50 mg Base Tablet; Oral Sanofi-Aventis U.S. LLC. NDA 019488 CARDENE Nicardipine Hydrochloride 20 mg; 30 mg Capsule; Oral Chiesi USA, Inc. NDA 019578 MEFLOQUINE HYDROCHLORIDE Mefloquine Hydrochloride 250 mg Tablet; Oral U.S. Army Walter Reed Army Institute Research. NDA 019591 LARIAM Mefloquine Hydrochloride 250 mg Tablet; Oral Hoffmann-La Roche Inc. NDA 019735 FLOXIN Ofloxacin 200 mg; 300 mg; 400 mg Tablet; Oral Janssen Pharmaceuticals, Inc. NDA 019890 STADOL Butorphanol Tartrate 1 mg/Spray Spray, Metered; Nasal Bristol-Myers Squibb Co. NDA 020142 CATAFLAM Diclofenac Potassium 50 mg Tablet; Oral Novartis Pharmaceuticals Corp. NDA 020254 VOLTAREN-XR Diclofenac Sodium 100 mg Extended-Release Tablet; Oral Ditto. NDA 020312 UNIVASC Moexipril Hydrochloride 7.5 mg; 15 mg Tablet; Oral UCB, Inc. NDA 020346 ZYRTEC Cetirizine Hydrochloride 5 mg/5 mL Syrup; Oral Johnson & Johnson Consumer Inc. NDA 020584 LODINE XL Etodolac 400 mg; 500 mg; 600 mg Extended-Release Tablet; Oral Wyeth Pharmaceuticals Inc. NDA 020625 ALLEGRA Fexofenadine Hydrochloride 60 mg Capsule; Oral Sanofi-Aventis U.S. LLC. NDA 020729 UNIRETIC Hydro chlorothiazide; Moexipril Hydrochloride 12.5 mg/7.5 mg; 12.5 mg/15 mg; 25 mg/15 mg Tablet; Oral UCB, Inc. NDA 021066 ZADITOR Ketotifen Fumarate EQ 0.025% Base Solution/Drops; Ophthalmic Alcon Pharmaceuticals, Ltd. NDA 021224 RAZADYNE Galantamine Hydrobromide 4 mg/mL Solution; Oral Janssen Pharmaceuticals, Inc. NDA 021378 COMBUNOX Ibuprofen; Oxycodone Hydrochloride 400 mg; 5 mg Tablet; Oral Forest Laboratories, Inc. NDA 021473 CIPRO XR Ciprofloxacin; Ciprofloxacin Hydrochloride 212.6 mg; EQ 287.5 mg Base; 425.2 mg; EQ 574.9 mg Base Extended-Release Tablet; Oral Bayer HealthCare Pharmaceuticals, Inc. NDA 021606 ZEMPLAR Paricalcitol 4 micrograms (mcg) Capsule; Oral AbbVie Inc. NDA 021729 ABILIFY Aripiprazole 10 mg and 15 mg Tablet, Orally Disintegrating; Oral Otsuka Pharmaceutical Co., Ltd. NDA 050072 PENBRITIN-S Ampicillin Sodium EQ 125 mg Base/Vial; EQ 250 mg Base/Vial; EQ 500 mg Base/Vial; EQ 1 gram (g) Base/Vial; EQ 2 g Base/Vial; EQ 4 g Base/Vial Injectable; Injection Wyeth Ayerst Laboratories. NDA 050309 POLYCILLIN-N Ampicillin Sodium EQ 125 mg Base/Vial; EQ 250 mg Base/Vial; EQ 500 mg Base/Vial; EQ 1 g Base/Vial; EQ 2 g Base/Vial Injectable; Injection Bristol Laboratories Inc. NDA 050674 VANTIN Cefpodoxime Proxetil EQ 100 mg Base; EQ 200 mg Base Tablet; Oral Pharmacia and Upjohn Co. ANDA 064170 CEFAZOLIN SODIUM Cefazolin Sodium EQ 10 g Base/Vial; EQ 20 g Base/Vial Injectable; Injection Fresenius Kabi USA, LLC. ANDA 075406 OGESTREL 0.5/50-21 Ethinyl Estradiol; Norgestrel 0.05 mg; 0.5 mg Tablet; Oral-21 Watson Laboratories, Inc. ANDA 085106 PERCOCET Acetaminophen; Oxycodone Hydrochloride 325 mg; 5 mg Tablet; Oral Vintage Pharmaceuticals LLC. ANDA 089351 ROXICET Acetaminophen; Oxycodone Hydrochloride 325 mg/5 mL; 5 mg/5 mL Solution; Oral West-Ward Pharmaceuticals International Ltd. ANDA 089456 PERPHENAZINE Perphenazine 8 mg Tablet; Oral ANI Pharmaceuticals, Inc. ANDA 089457 PERPHENAZINE Perphenazine 16 mg Tablet; Oral Teva Pharmaceuticals USA. ANDA 089707 PERPHENAZINE Perphenazine 2 mg Tablet; Oral Ditto. ANDA 089708 PERPHENAZINE Perphenazine 4 mg Tablet; Oral Do.

    FDA has reviewed its records and, under § 314.161, has determined that the drug products listed in this document were not withdrawn from sale for reasons of safety or effectiveness. Accordingly, the Agency will continue to list the drug products listed in this document in the “Discontinued Drug Product List” section of the Orange Book. The “Discontinued Drug Product List” identifies, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness.

    Approved ANDAs that refer to the NDAs and ANDAs listed in this document are unaffected by the discontinued marketing of the products subject to those NDAs and ANDAs. Additional ANDAs that refer to these products may also be approved by the Agency if they comply with relevant legal and regulatory requirements. If FDA determines that labeling for these drug products should be revised to meet current standards, the Agency will advise ANDA applicants to submit such labeling.

    This is not a significant regulatory action subject to Executive Order 12866, and does not impose any additional burden on regulated entities.

    Dated: April 24, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-08582 Filed 4-27-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-1114] Pharmaceutical Distribution Supply Chain Pilot Projects; Reopening of Comment Period; Request for Information AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; reopening of comment period; request for information.

    SUMMARY:

    The Food and Drug Administration (FDA) is reopening the comment period for the Request for Information that appeared in the Federal Register of April 15, 2016. In the Request for Information, FDA requested comments regarding issues related to utilizing the product identifier for product tracing, improving the technical capabilities of the supply chain, and identifying system attributes that are necessary to implement the requirements established under the Drug Supply Chain Security Act (DSCSA). The information gathered from additional public comments will further inform the design and development of the pilot project(s) that FDA establishes under the DSCSA. FDA is reopening the comment period to receive updated comments and any new information.

    DATES:

    FDA is reopening the comment period on the Request for Information published April 15, 2016 (81 FR 22279). Submit either electronic or written comments by April 30, 2018. Late, untimely filed comments will not be considered. Electronic comments must be submitted on or before April 30, 2018. The https://www.regulations.gov/ electronic filing system will accept comments until midnight Eastern Time at the end of April 30, 2018. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: https://www.regulations.gov/. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov/ will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov/.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2016-N-1114 for ” Pharmaceutical Distribution Supply Chain Pilot Projects; Reopening of Comment Period; Request for Information.” Received comments, those filed in a timely manner (see DATES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov/ or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov/. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov/ and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Daniel Bellingham, Office of Compliance, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-3130, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of April 15, 2016, FDA published a Request for Information with a 30-day comment period to request comments relating to FDA implementation of the DSCSA. To permit additional and update submissions, we are reopening this comment period and extending it for April 30, 2018. We are particularly interested in comments regarding past or present pilot projects related to enhancing the safety and security of the pharmaceutical distribution supply chain. Stakeholders that may be interested in responding to this request for information include manufacturers, repackagers, wholesale distributors, dispensers, State and Federal authorities, solution providers, and standards organizations, and other interested persons. FDA is particularly interested in learning about the practices, processes, and systems that supply chain stakeholders have used or considered using in such pilot projects. This includes, but is not limited to, information about the following:

    • Utilizing the product identifier for tracing of a product, which may include verification of the product identifier of a product, including the use of aggregation and inference;

    • Technical capabilities each sector of the supply chain to comply with systems and processes needed to utilize the product identifier to enhance the tracing of a product; or

    • System attributes that are necessary to implement the requirements established under the DSCSA.

    Interested persons are requested to provide any other relevant information that may inform FDA's development of a pilot project under the DSCSA.

    FDA is reopening the comment period for the Request for Information for 1 year, until April 30, 2018. The Agency believes that an additional comment period of 1 year will allow time for interested persons to submit new, additional, or updated comments on these important issues.

    Dated: April 19, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-08583 Filed 4-27-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-1393] Government-Owned Inventions; Availability for Licensing AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The invention listed in this document is owned by an agency of the U.S. Government and is available for licensing to achieve expeditious commercialization of results of federally funded research and development.

    FOR FURTHER INFORMATION CONTACT:

    Licensing information and copies of the patent applications listed in this document may be obtained by writing to the indicated licensing contact at the Food and Drug Administration (FDA) Technology Transfer Program, 10903 New Hampshire Ave., Bldg. 1, Rm. 4213, Silver Spring, MD 20993, telephone: 240-402-2561, FAX: 301-847-3539. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications.

    SUPPLEMENTARY INFORMATION:

    Technology descriptions follow.

    Title of Abstract: Solid-Phase Purification of Synthetic DNA Sequences.

    Description of Technology: Scientists at FDA have developed a high-throughput method for purifying full-length phosphorothioate and native DNA sequences. This method comprises a modified silica gel that enables capture of DNA sequences functionalized with a novel linker specifically designed for exclusive capture of full-length sequences. This technology has been shown to generate DNA sequences of high purity without the need of expensive equipment and associated accessories. This discovery may improve the availability of pure DNA sequences for clinical and/or synthetic biology applications.

    Potential Commercial Applications:

    • A high-throughput purification technique for producing small and large quantities of highly pure DNA sequences.

    Competitive Advantages:

    • Cost effective.

    • High-throughput capabilities.

    • Time saving.

    • High purity.

    Development Stage:

    • In vitro data available.

    Inventors:

    Serge L. Beaucage.

    Andrzej Grajkowski.

    Publication: Grajkowski, A., J. Cieslak, and S.L. Beaucage, “Solid-Phase Purification of Synthetic DNA Sequences,” The Journal of Organic Chemistry, 81 (15): pp. 6165-6175, 2016; DOI: 10.1021/acs.joc.6b01020.

    Intellectual Property: U.S. Provisional Patent Application No. 62/356,214, filed June 29, 2016, FDA Reference No. E-2016-005.

    Licensing and Collaborative Research Opportunity:

    Parties interested in licensing this technology should contact Charlene Maddox at [email protected] or [email protected]

    Dated: April 19, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-08596 Filed 4-27-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Submission to OMB for Review and Approval; Public Comment Request; Information Collection Request Title: Health Workforce Connector, OMB No. 0906-xxxx—NEW AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, HRSA has submitted an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. Comments submitted during the first public review of this ICR will be provided to OMB. OMB will accept further comments from the public during the review and approval period.

    DATES:

    Comments on this ICR should be received no later than May 30, 2017.

    ADDRESSES:

    Submit your comments, including the Information Collection Request Title, to the desk officer for HRSA, either by email to [email protected] or by fax to 202-395-5806.

    FOR FURTHER INFORMATION CONTACT:

    To request a copy of the clearance requests submitted to OMB for review, email the HRSA Information Collection Clearance Officer at [email protected] or call (301) 443-1984.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the information request collection title for reference, in compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995.

    Information Collection Request Title: Health Workforce Connector OMB No. 0906-xxxx—NEW

    Abstract: The Health Workforce Connector is being developed to expand on the current National Health Service Corps (NHSC) Jobs Center, which includes positions approved for NHSC scholarship and loan repayment obligors. The new Health Workforce Connector will provide a central platform to connect participants in both the NHSC and NURSE Corps programs with facilities that are approved for performance of their NHSC or NURSE Corps service obligation. The Health Workforce Connector will become a resource that engages any health care professional or student interested in providing primary care services in underserved communities (whether or not those individuals are obligated to the NHSC or NURSE Corps) with facilities in need of health care providers. The Health Workforce Connector will also allow users to create a profile, search for NHSC and NURSE Corps sites, find job opportunities, and will be searchable by Site Points of Contact. Like the current NHSC Jobs Center, individuals will be able to use the Health Workforce Connector's search capability with Google Maps.

    Need and Proposed Use of the Information: Information will be collected from users in the following two ways:

    (1) Account Creation: Creating an account is optional, but to create an account, the user will be required to enter their first name, last name, and email address. Those are the only mandatory fields in the profile account creation process and will be used to send an automated email allowing the user to validate their login credentials. This information will also be used to validate any users who already exist within the Bureau of Health Workforce Management Information Systems Solution (BMISS) database and allow an initial import of existing data at the request of the user.

    (2) Profile Completion: Users may fill out a profile, but this function will be completely optional and will include fields such as location, discipline, specialty, and languages spoken. The information collected, if `published' by the user, will allow internal BMISS Site Points of Contact the ability to search on anyone who may be a potential candidate for job opportunities at the site. All information collected will be stored within existing secure BMISS databases and will be used internally for report generation on an as-needed basis.

    Likely Respondents: Potential users will include individuals searching for a health care job opportunity or an NHSC or NURSE Corps health care facility, and health care facilities searching for potential candidates to fill open health care job opportunities at their sites.

    Burden Statement: Burden in this context means the time expended by persons to generate, maintain, retain, disclose or provide the information requested. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information. The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total
  • responses
  • Average
  • burden per
  • response (in hours)
  • Total burden hours
    Account Creation 15,600 1 15,600 .08 1,248 Complete Profile 9,400 1 9,400 1 9,400 Total *15,600 15,600 10,648 * The 9,400 respondents who complete their profiles are a subset of the 15,600 respondents who create accounts.
    Jason E. Bennett, Director, Division of the Executive Secretariat.
    [FR Doc. 2017-08584 Filed 4-27-17; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier 0990-0421-60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). The ICR is for extending the use of the approved information collection assigned OMB control number 0990-0421, which expires on July 31, 2017. Prior to submitting the ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before June 27, 2017.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 795-7714.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the document identifier 0990-0421-60D for reference.

    Information Collection Request Title: ASPE Generic Clearance for the Collection of Qualitative Research and Assessment.

    OMB No.: 0990-0421.

    Abstract: The Office of the Assistant Secretary for Planning and Evaluation (ASPE) is requesting an extension for their generic clearance for purposes of conducting qualitative research. ASPE conducts qualitative research to gain a better understanding of emerging health policy issues, develop future intramural and extramural research projects, and to ensure HHS leadership, agencies and offices have recent data and information to inform program and policy decision-making. ASPE is requesting approval for at least four types of qualitative research: (a) Interviews, (b) focus groups, (c) questionnaires, and (d) other qualitative methods. ASPE's mission is to advise the Secretary of the Department of Health and Human Services on policy development in health, disability, human services, data, and science, and provides advice and analysis on economic policy. ASPE leads special initiatives, coordinates the Department's evaluation, research and demonstration activities, and manages cross-Department planning activities such as strategic planning, legislative planning, and review of regulations. Integral to this role, ASPE will use this mechanism to conduct qualitative research, evaluation, or assessment, conduct analyses, and understand needs, barriers, or facilitators for HHS-related programs.

    ASPE is requesting comment on the burden for qualitative research aimed at understanding emerging health and human services policy issues. The goal of developing these activities is to identify emerging issues and research gaps to ensure the successful implementation of HHS programs. The participants may include health and human services experts; national, state, and local health or human services representatives; public health, human services, or healthcare providers; and representatives of other health or human services organizations. The increase in burden from 747 in 2014 to 1,300 respondents in 2017 reflects an increase in the number of research projects conducted over the estimate in 2014.

    Estimated Annualized Burden Table Type of respondent Form Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden
  • hours per
  • response
  • Total burden hours
    Health Policy Stakeholder Qualitative Research 1,300 1 1 1,300

    OS specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Terry S. Clark, Asst Information Collection Clearance Officer.
    [FR Doc. 2017-08599 Filed 4-27-17; 8:45 am] BILLING CODE 4150-05-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Solicitation of Nominations for Three Organizations To Serve as Non-Voting Liaison Representatives to the Chronic Fatigue Syndrome Advisory Committee AGENCY:

    Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    The Chronic Fatigue Syndrome Advisory Committee (CFSAC) is one of the federal advisory committees for which the Department of Health and Human Services (HHS) provides management support. The Office of the Assistant Secretary for Health (OASH), a staff division in the Office of the Secretary, HHS, is assigned responsibility to provide management support for CFSAC activities. The CFSAC is authorized to have three non-voting liaison representative positions. The organizations designated to fill these positions will be selected from those concerned with myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS). The Designated Federal Officer (DFO) for CFSAC will select the organizations from which the representative will be selected to fill these vacant positions. The representatives selected to fill these positions will serve a two-year term as a non-voting liaison representative. Details of nomination requirements are provided below.

    DATES:

    Nominations must be received no later than 5 p.m. ET on May 30, 2017, at the address listed below.

    ADDRESSES:

    All nominations should be sent to Commander Gustavo Ceinos, Designated Federal Officer, Chronic Fatigue Syndrome Advisory Committee, Office on Women's Health, Department of Health and Human Services, 200 Independence Avenue SW., Room 728F.6, Washington, DC 20201. Nomination materials, including attachments, may be submitted electronically to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Commander Gustavo Ceinos, Designated Federal Officer, Chronic Fatigue Syndrome Advisory Committee, Office on Women's Health, Department of Health and Human Services, 200 Independence Avenue SW., Room 728F.6, Washington, DC 20201. The telephone number is: 202-401-9545. Inquiries can be sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    CFSAC was established on September 5, 2002. The purpose of the CFSAC is to provide advice and recommendations to the Secretary of HHS, through the Assistant Secretary for Health, on issues related to ME/CFS. CFSAC advises and makes recommendations on a broad range of topics including: (1) Opportunities to improve knowledge and research about the epidemiology, etiologies, biomarkers and risk factors for ME/CFS; (2) research on the diagnosis, treatment, and management of ME/CFS and potential impact of treatment options; (3) strategies to inform the public, health care professionals, and the biomedical academic and research communities about ME/CFS advances; (4) partnerships to improve the quality of life of ME/CFS patients; and (5) strategies to insure that input from ME/CFS patients and caregivers is incorporated into HHS policy and research. Management and support services for Committee activities are provided by staff from the HHS Office on Women's Health, within the OASH. The CFSAC charter is available at https://www.hhs.gov/ash/advisory-committees/cfsac/about-cfsac/charter/index.html.

    CFSAC meetings are held not less than two times per year. The CFSAC membership consists of 13 voting members, including the Chair. The voting members are composed of seven biomedical research scientists with demonstrated expertise in biomedical research applicable to ME/CFS; three individuals with expertise in health care delivery, private health care services or insurers, or voluntary organizations concerned with the problems of individuals with ME/CFS, and three are either patients or caregivers affected by ME/CFS.

    CFSAC also includes eight non-voting ex-officio representatives from the Agency for Healthcare Research and Quality, Centers for Disease Control and Prevention, Food and Drug Administration, Health Resources and Services Administration, National Institutes of Health, Social Security Administration, U.S. Department of Veteran Affairs, and the Department of Defense.

    In 2012, the CFSAC structure was expanded to include three non-voting liaison representative positions. These positions are occupied by representatives from organizations that are concerned with ME/CFS. The terms of the current non-voting liaison representative positions expire in May. The selected organizations will occupy the position for a two-year term.

    Nominations: The OASH is requesting nominations of organizations to fill the three non-voting liaison representative positions for the CFSAC. The organizations will be selected by the DFO or designee.

    Selection of the three organizations which will serve as non-voting liaison representatives will be based on the organizations' qualifications to contribute to the accomplishment of the CFSAC mission, as described in the Committee charter. In selecting the organizations to be considered for these positions, the OASH will give close attention to equitable geographic distribution and give priority to U.S.-chartered 501(c)(3) organizations that operate within the United States and have membership with demonstrated expertise in ME/CFS and related research, clinical services, or advocacy and outreach on issues concerning ME/CFS.

    The individuals designated by the selected organizations to serve as the official liaison representative will perform the associated duties without compensation, and will not receive per diem or reimbursement for travel expenses. The organizations selected will cover expenses for their designated representative to attend, at a minimum, one in-person CFSAC meeting per year during the designated term of appointment.

    To qualify for consideration of selection to the Committee, an organization should submit the following items:

    (1) A statement of the organization's history, mission, and focus, including information that demonstrates the organization's experience and expertise in ME/CFS and related research, clinical services, or advocacy and outreach on issues of ME/CFS, as well as expert knowledge of the broad issues and topics pertinent to ME/CFS. This information should demonstrate the organization's proven ability to work and communicate with the ME/CFS patient and advocacy community, and other public/private organizations concerned with ME/CFS, including public health agencies at the federal, state, and local levels.

    (2) two to four letters of recommendation that clearly state why the organization is qualified to serve on CFSAC in a liaison representative position. These letters should be from individuals who are not part of the organization.

    (3) A statement that the organization is willing to serve as a non-voting liaison representative of the Committee and will cover expenses for their representative to attend in-person, at a minimum, one CFSAC meeting per year in Washington, DC, during the designated term of appointment.

    (4) A current financial disclosure statement (or annual report) demonstrating the organization's ability to cover expenses for its representative to attend in-person, at a minimum, one CFSAC meeting per year in Washington, DC, during the term of appointment.

    Submitted nominations must include these critical elements in order for the organization to be considered for one of the liaison representative positions.

    Nomination materials should be typewritten, using a 12-point font and double-spaced. All nomination materials should be submitted (postmarked or received) by May 30, 2017.

    Electronic submissions: Nomination materials, including attachments, may be submitted electronically to [email protected] An email from the CFSAC Support Team will be sent to the nominating organization and/or nominator to confirm receipt of the nomination. If the email confirmation is not received within two working days, please call 202-690-7650. Telephone and facsimile submissions cannot be accepted.

    Regular, Express, or Overnight Mail: Written documents may be submitted to the following addressee only: Commander Gustavo Ceinos, Designated Federal Officer, CFSAC, Office on Women's Health, Department of Health and Human Services, 200 Independence Avenue SW., Room 728F.6, Washington, DC 20201.

    HHS makes every effort to ensure that the membership of federal advisory committees is fairly balanced in terms of points of view represented. Every effort is made to ensure that a broad representation of geographic areas, sex, ethnic and minority groups, and people with disabilities are given consideration for membership on federal advisory committees. Selection of the represented organizations shall be made without discrimination against the composition of an organization's membership on the basis of age, sex, race, ethnicity, sexual orientation, disability, and cultural, religious, or socioeconomic status.

    Authority:

    42 U.S.C. 217a, section 222 of the Public Health Service (PHS) Act, as amended. The Committee is governed by the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App 2), which sets forth standards for the formation and use of advisory committees.

    Dated: April 18, 2017. Nicole Greene, Acting Director, Office on Women's Health.
    [FR Doc. 2017-08383 Filed 4-27-17; 8:45 am] BILLING CODE 4150-42-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel; Peer-Review of (SCORE) Advancement Award.

    Date: June 23, 2017.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Cambria Suites Rockville, I Helen Heneghan Way, Rockville, MD 20850.

    Contact Person: Manas Chattopadhyay, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, Building 45, Room 3An12N, 45 Center Drive, Bethesda, MD 20892, 301-827-5320, [email protected]

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel; Centers of Biomedical Research Excellence (COBRE) (P20).

    Date: June 29, 2017.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Cambria Suites Rockville, 1 Helen Heneghan Way, Rockville, MD 20850.

    Contact Person: Shinako Takada, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3AN18, Bethesda, MD 20892-6200, 301-402-9448, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: April 25, 2017. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-08629 Filed 4-27-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Mental Health Special Emphasis Panel; Interventions and Biomarkers Special Emphasis Panel.

    Date: May 24, 2017.

    Time: 11:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: Marcy Ellen Burstein, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6143, MSC 9606, Bethesda, MD 20892-9606, 301-443-9699, [email protected].

    Name of Committee: National Institute of Mental Health Special Emphasis Panel; Confirmatory Efficacy Clinical Trials of Non-Pharmacological Interventions for Mental Disorders.

    Date: May 24, 2017.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6100 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: Marcy Ellen Burstein, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6143, MSC 9606, Bethesda, MD 20892-9606, 301-443-9699, [email protected].

    (Catalogue of Federal Domestic Assistance Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS)
    Dated: April 25, 2017. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-08630 Filed 4-27-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Brain Disorders and Clinical Neuroscience Integrated Review Group; Pathophysiological Basis of Mental Disorders and Addictions Study Section.

    Date: May 31-June 1, 2017.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Boris P. Sokolov, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5217A, MSC 7846, Bethesda, MD 20892, 301-408-9115, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: April 25, 2017. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-08625 Filed 4-27-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel; Peer-Review of (SCORE) Advancement Award.

    Date: June 28, 2017.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Cambria Suites Rockville, I Helen Heneghan Way, Rockville, MD 20850.

    Contact Person: Manas Chattopadhyay, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, Building 45, Room 3An18, 45 Center Drive, Bethesda, MD 20892, 301-827-5320, [email protected]

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel; NIGMS SCORE Review.

    Date: June 29, 2017.

    Time: 8:30 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.

    Contact Person: Brian R. Pike, Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3AN18, Bethesda, MD 20892, 301-594-3907, [email protected]

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel; NIGMS Program Project Review.

    Date: June 30, 2017.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building, RM 3AN12P, 45 Center Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Brian R. Pike, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3AN18, Bethesda, MD 20892, 301-594-3907, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: April 25, 2017. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-08628 Filed 4-27-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel Review of NIGMS Institutional Postdoctoral T32 Applications.

    Date: July 12, 2017.

    Time: 8:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.

    Contact Person: Brian R. Pike, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3AN18, Bethesda, MD 20892, 301-594-3907, [email protected].

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel Review of the Centers for Biomedical Research Excellence Applications.

    Date: July 13, 2017.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.

    Contact Person: Nina Sidorova, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3An.22, Bethesda, MD 20892-6200, 301-594-3663, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: April 25, 2017. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-08627 Filed 4-27-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: NIGMS Initial Review GroupTraining and Workforce Development Subcommittee—C To review R25 Research Training Grant applications.

    Date: June 22-23, 2017.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: DoubleTree By Hilton Bethesda, 8120 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Lee Warren Slice, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 1 Democracy Plaza, 6701 Democracy Blvd. Room 1068, Bethesda, MD 20892, 301-435-0807, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: April 25, 2017. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-08626 Filed 4-27-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorder and Stroke Special Emphasis Panel; P30 and R24 Review.

    Date: May 23, 2017.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Capital View, 2850 South Potomac Avenue, Arlington, VA 22202.

    Contact Person: Jimok Kim, Ph.D., Scientific Review Officer, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892-9529, (301) 496-9223, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)
    Dated: April 25, 2017. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-08631 Filed 4-27-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR17-033: Integrative Research to Understand the Impact of Sex Differences on the Molecular Determinants of AD Risk and Responsiveness to Treatment.

    Date: May 24, 2017.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Alexei Kondratyev, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5200, MSC 7846, Bethesda, MD 20892, 301-435-1785, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: April 25, 2017. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-08624 Filed 4-27-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Submission for OMB Review; Comment Request

    Periodically, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish a summary of information collection requests under OMB review, in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these documents, call the SAMHSA Reports Clearance Officer on (240) 276-1243.

    Project: Mandatory Guidelines for Federal Workplace Drug Testing Programs (OMB No. 0930-0158)—Revision

    SAMHSA will request OMB approval for the Federal Drug Testing Custody and Control Form (CCF) for federal agency and federally regulated drug testing programs which must comply with the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (82 FR 7920) dated January 23, 2017, and OMB approval for information provided by test facilities (laboratories and Instrumented Initial Test Facilities, IITFs) for the National Laboratory Certification Program (NLCP).

    The CCF is used by all federal agencies and employers regulated by the Department of Transportation (DOT) and the Nuclear Regulatory Commission (NRC) to document the collection and chain of custody of urine specimens at the collection site, for HHS-certified test facilities to report results, and for Medical Review Officers (MROs) to document and report a verified result. SAMHSA allows the use of the CCF as a paper or electronic form.

    The current OMB-approved CCF has a May 31, 2017 expiration date. SAMHSA has resubmitted the CCF with minor content revisions to the form for OMB approval. These revisions are:

    • Remove the checkbox, the letters “DOT”, and hash line in front of Specify DOT Agency in Step 1: Completed by collector or employer Representative; Line D: Specify Testing Authority.

    • Addition of four new analytes (oxycodone, oxymorphone, hydrocodone, and hydromorphone) in Step 5A: Primary Specimen Report—Completed by Test Facility.

    • Removal of the analyte methylenedioxyethylamphetamine (MDEA) in Step 5A: Primary Specimen Report—Completed by Test Facility.

    Based upon information from federal agencies and from DOT concerning their regulated industries, the number of respondents has been reduced from a total of 6.1 million in 2013 to 5.4 million, which reduces the total burden hours by 188,766.

    Laboratories and IITFs seeking HHS certification under the NLCP must complete and submit the NLCP application form. The NLCP application form has not been revised compared to the previous form.

    Prior to an inspection, an HHS-certified laboratory or IITF is required to submit specific information regarding its procedures. Collecting this information prior to an inspection allows the inspectors to thoroughly review and understand the testing procedures before arriving for the onsite inspection. The NLCP information checklist has not been revised compared to the previous form.

    The annual total burden estimates for the CCF, the NLCP application, the NLCP information checklist, and the NLCP recordkeeping requirements are shown in the following table.

    Form/respondent Number of
  • respondents
  • Responses per
  • respondent
  • Total
  • number of
  • responses
  • Burden
  • per response
  • (hours)
  • Annual
  • burden
  • (hours)
  • Custody and Control Form: Donor 5,400,000 1 5,400,000 0.08 450,000 Collector 5,400,000 1 5,400,000 0.07 360,000 Laboratory 5,400,000 1 5,400,000 0.05 270,000 IITF 0 0 0 0 0 Medical Review Officer 5,400,000 1 5,400,000 0.05 270,000 NLCP Application Form: Laboratory 1 1 1 3 3 IITF 0 0 0 0 0 Sections B and C—NLCP Inspection Checklist: Laboratory 30 1 30 1 30 IITF 0 0 0 0 0 Recordkeeping: Laboratory 30 1 30 250 7,500 IITF 0 0 0 0 0 Total 5,400,061 5,400,061 1,357,533

    Written comments and recommendations concerning the proposed information collection should be sent by May 30, 2017 to the SAMHSA Desk Officer at the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). To ensure timely receipt of comments, and to avoid potential delays in OMB's receipt and processing of mail sent through the U.S. Postal Service, commenters are encouraged to submit their comments to OMB via email to: [email protected] Although commenters are encouraged to send their comments via email, commenters may also fax their comments to: 202-395-7285. Commenters may also mail them to: Office of Management and Budget, Office of Information and Regulatory Affairs, New Executive Office Building, Room 10102, Washington, DC 20503.

    Summer King, Statistician.
    [FR Doc. 2017-08588 Filed 4-27-17; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2008-0010] Board of Visitors for the National Fire Academy AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Committee Management; Notice of Open Federal Advisory Committee Meeting.

    SUMMARY:

    The Board of Visitors for the National Fire Academy (Board) will meet via teleconference on May 24 and June 21, 2017. The meetings will be open to the public.

    DATES:

    The meetings will take place on Wednesday, May 24 and June 21, 2017, from 1:00 to 3:00 p.m. Eastern Daylight Time. Please note that the meetings may close early if the Board has completed its business.

    ADDRESSES:

    Members of the public who wish to participate in the teleconference should contact Ruth MacPhail as listed in the FOR FURTHER INFORMATION CONTACT section by close of business May 22nd to obtain the call-in number and access code for the May 24th meeting, and by close of business June 19th for the June 21st meeting. For information on services for individuals with disabilities or to request special assistance, contact Ruth MacPhail as soon as possible.

    To facilitate public participation, we are inviting public comment on the issues to be considered by the Board as listed in the SUPPLEMENTARY INFORMATION section. Participants seeking to have their comments considered during the meeting should submit them in advance or during the public comment segment. Comments submitted up to 30 days after the meeting will be included in the public record and may be considered at the next meeting. Comments submitted in advance must be identified by Docket ID FEMA-2008-0010 and may be submitted by one of the following methods:

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

    Email: [email protected] Include the docket number in the subject line of the message.

    Mail/Hand Delivery: Ruth MacPhail, 16825 South Seton Avenue, Emmitsburg, Maryland 21727.

    Instructions: All submissions received must include the words “Department of Homeland Security” and the Docket ID for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received by the Board, go to http://www.regulations.gov, click on “Advanced Search,” then enter “FEMA-2008-0010” in the “By Docket ID” box, then select “FEMA” under “By Agency,” and then click “Search.”

    FOR FURTHER INFORMATION CONTACT:

    Alternate Designated Federal Officer: Kirby E. Kiefer, telephone (301) 447-1117, email [email protected]

    Logistical Information: Ruth MacPhail, telephone (301) 447-1333 and email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. Appendix.

    Purpose of the Board

    The purpose of the Board is to review annually the programs of the National Fire Academy (Academy) and advise the Federal Emergency Management Agency (FEMA) Administrator, through the United States Fire Administrator, on the operation of the Academy and any improvements therein that the Board deems appropriate. In carrying out its responsibilities, the Board examines Academy programs to determine whether these programs further the basic missions that are approved by the FEMA Administrator, examines the physical plant of the Academy to determine the adequacy of the Academy's facilities, and examines the funding levels for Academy programs. The Board submits a written annual report to the FEMA Administrator, through the United States Fire Administrator. The report provides detailed comments and recommendations regarding the operation of the Academy.

    Agenda

    The Board will discuss the direction of the Executive Fire Officer Program to include curriculum, projects, and other requirements.

    There will be a public comment period after the Board has concluded their discussions of the agenda item; each speaker will be given no more than 5 minutes to speak. Please note that the public comment period may end before the time indicated, following the last call for comments. Contact Ruth MacPhail to register as a speaker. Meeting materials will be posted at https://www.usfa.fema.gov/training/nfa/about/bov.html by May 10th for the May 24th meeting and by June 7th for the June 21st meeting.

    Dated: April 20, 2017. Kirby E. Kiefer, Acting Superintendent, National Fire Academy, United States Fire Administration, Federal Emergency Management Agency.
    [FR Doc. 2017-08561 Filed 4-27-17; 8:45 am] BILLING CODE 9111-145-P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2017-0017] National Infrastructure Advisory Council AGENCY:

    National Protection and Programs Directorate, DHS.

    ACTION:

    Committee Management; Notice of an Open Federal Advisory Committee Meeting.

    SUMMARY:

    The National Infrastructure Advisory Council (NIAC) will meet Monday, May 8, 2017, at 1331 F Street NW., Suite 800, Washington, DC 20004. This meeting will be open to the public.

    DATES:

    The NIAC will meet on May 8, 2017 from 1:30 p.m.-4:30 p.m. ET. The meeting may close early if the committee has completed its business. For additional information, please consult the NIAC Web site, www.dhs.gov/NIAC, or contact the NIAC Secretariat by phone at (703) 235-2888 or by email at [email protected]

    ADDRESSES:

    1331 F Street NW., Suite 800, Washington, DC 20004. Members of the public will register at the registration table prior to entering the meeting room. For information on facilities or services for individuals with disabilities, or to request special assistance at the meeting, contact the person listed under FOR FURTHER INFORMATION CONTACT below as soon as possible.

    To facilitate public participation, we are inviting public comment on the issues to be considered by the Council as listed in the “Summary” section below. Comments must be submitted in writing no later than 12:00 p.m. on May 8, 2017, in order to be considered by the Council in its meeting. The comments must be identified by “DHS-2016-0005,” and may be submitted by any one of the following methods:

    Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting written comments.

    Email: [email protected] Include the docket number in the subject line of the message.

    Fax: (703)235-9707.

    Mail: Ginger Norris, National Protection and Programs Directorate, Department of Homeland Security, 245 Murray Lane SW., Mail Stop 0612, Washington, DC 20598-0607.

    Instructions: All written submissions received must include the words “Department of Homeland Security” and the docket number for this action. Written comments received will be posted without alteration at www.regulations.gov, including any personal information provided.

    Docket: For access to the docket or to read background documents or comments received by the NIAC, go to www.regulations.gov. Enter “NIAC” in the search line and the Web site will list all relevant documents for your review.

    Members of the public will have an opportunity to provide oral comments on the topics on the meeting agenda below, and on any previous studies issued by the NIAC. We request that comments be limited to the issues and studies listed in the meeting agenda and previous NIAC studies. All previous NIAC studies can be located at www.dhs.gov/NIAC. Public comments may be submitted in writing or presented in person for the Council to consider. Comments received by Ginger Norris on or after 1:00 p.m. on May 8, 2017 will still be accepted and reviewed by the Members, but not necessarily at the time of the meeting. In-person presentations will be limited to three minutes per speaker, with no more than 15 minutes for all speakers. Parties interested in making in-person comments should register on the Public Comment Registration list available at the entrance to the meeting location prior to the beginning of the meeting.

    FOR FURTHER INFORMATION CONTACT:

    Ginger Norris, NIAC, Designated Federal Officer, Department of Homeland Security, 202-441-5885.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. appendix. The NIAC shall provide the President, through the Secretary of Homeland Security, with advice on the security and resilience of the Nation's critical infrastructure sectors. The NIAC will meet to discuss issues relevant to critical infrastructure security and resilience, as directed by the President.

    The meeting will commence at 1:30 p.m. EST. At this meeting, the Council will discuss its newest tasking and receive briefings. All presentations will be posted prior to the meeting on the Council's public Web page—www.dhs.gov/NIAC.

    Public Meeting Agenda I. Opening of Meeting II. Roll Call of Members III. Opening Remarks and Introductions IV. Approval of February 2017 Meeting Minutes V. Presentations on Future Focus Study VI. Public Comment VII. Discussion of New NIAC Business VIII. Closing Remarks IX. Adjournment

    The FACA requires that notices of meetings of advisory committees be announced in the Federal Register 15 days prior to the meeting date. However, this notice of the NIAC meeting is being published in the Federal Register notice on April 27, 2017 10 days prior to the meeting due to the immediate need for the NIAC members to meet to discuss cyber threats to critical infrastructure. Notwithstanding the difficulties that delayed publication, this NIAC meeting must occur. Although the meeting notice was published in the Federal Register late, the meeting date was announced during the public meeting on February 16, 2017 and the agenda will be published on the NIAC Web site listed in this Federal Register Notice.

    Dated: April 17, 2017. Ginger Norris, Designated Federal Officer for the National Infrastructure Advisory Council.
    [FR Doc. 2017-08637 Filed 4-27-17; 8:45 am] BILLING CODE 9110-9P-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement [OMB Control No. 1653-0021] Agency Information Collection Activities: Extension, Without Changes, of an Existing Information Collection; Comment Request AGENCY:

    U.S. Immigration and Customs Enforcement, Department of Homeland Security.

    ACTION:

    30-Day Notice of information collection for review; Form No. I-246; Application for Stay of Removal or Deportation; OMB Control No. 1653-0021.

    The Department of Homeland Security, U.S. Immigration and Customs Enforcement (USICE) is submitting the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the Federal Register to obtain comments from the public and affected agencies. This information collection was previously published in the Federal Register on February 13, 2017, Vol. 82 No. 10497 allowing for a 60-day comment period. USICE did not receive a comment in connection with the 60-day notice. The purpose of this notice is to allow an additional 30 days for public comments

    Written comments and suggestions regarding items contained in this notice and especially with regard to the estimated public burden and associated response time should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for U.S. Immigration and Customs Enforcement, Department of Homeland Security, and sent via electronic mail to [email protected] or faxed to (202) 395-5806.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Extension, without change, of a currently approved information collection.

    (2) Title of the Form/Collection: Application for a Stay of Deportation or Removal.

    (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: ICE Form I-246; U.S. Immigration and Customs Enforcement.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individual or Households, Business or other non-profit. The information collected is necessary for USICE to make a determination that the eligibility requirements for a request for a stay of deportation or removal are met by the applicant.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 10,000 responses at 30 minutes (.5 hours) per response.

    (6) An estimate of the total public burden (in hours) associated with the collection: 5,000 annual burden hours.

    Dated: April 25, 2017. Scott Elmore, PRA Clearance Officer, Office of the Chief Information Officer, U.S. Immigration and Customs Enforcement, Department of Homeland Security.
    [FR Doc. 2017-08580 Filed 4-27-17; 8:45 am] BILLING CODE 9111-28-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615-0044] Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Application for Action on an Approved Application or Petition AGENCY:

    U.S. Citizenship and Immigration Services, Department of Homeland Security.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Department of Homeland Security (DHS), U.S. Citizenship and Immigration (USCIS) invites the general public and other Federal agencies to comment upon this proposed extension of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e. the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.

    DATES:

    Comments are encouraged and will be accepted for 60 days until June 27, 2017.

    ADDRESSES:

    All submissions received must include the OMB Control Number 1615-0044 in the body of the letter, the agency name and Docket ID USCIS-2007-0012. To avoid duplicate submissions, please use only one of the following methods to submit comments:

    (1) Online. Submit comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov under e-Docket ID number USCIS-2007-0012;

    (2) Mail. Submit written comments to DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529-2140.

    FOR FURTHER INFORMATION CONTACT:

    USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, 20 Massachusetts Avenue NW., Washington, DC 20529-2140, telephone number 202-272-8377 (This is not a toll-free number. Comments are not accepted via telephone message). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833).

    SUPPLEMENTARY INFORMATION:

    Comments

    You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-2007-0012 in the search box. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of http://www.regulations.gov.

    Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Extension, without change, of a currently approved collection.

    (2) Title of the Form/Collection: Application for action on an approved application or petition.

    (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I-824; USCIS.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Form I-824 is used to request a duplicate approval notice, or to notify the U.S. Consulate that a petition has been approved or that a person has been adjusted to permanent resident status.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection is 10,888 and the estimated hour burden per response is .42 hours (25 minutes).

    (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 4,572 hours.

    (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $1,333,780.

    Dated: April 24, 2017. Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.
    [FR Doc. 2017-08548 Filed 4-27-17; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRSS-22699; PPWONRADD1, PPMRSNR1Y.NM0000 (177)] Agency Information Collection Activities: OMB Control Number 1024-0236; Research Permit and Reporting System Applications and Reports AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    We (National Park Service, NPS) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on April 30, 2017. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    You must submit comments on or before May 30, 2017.

    ADDRESSES:

    Send your comments and suggestions on this information collection to the Desk Officer for the Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or [email protected] (email). Please provide a copy of your comments to the Information Collection Clearance Officer, National Park Service, 12201 Sunrise Valley Drive (MS-242 ADIR-PMSP), Reston, VA 20192 (mail); or [email protected] (email). Please reference OMB Control Number 1024-0236 in the subject line of your comments. You may review the ICR online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this IC, contact Bill Commins, Natural Resource Stewardship and Science, National Park Service, 1201 I St. NW. (Floor 8, Room 46), Washington, DC 20005 (mail); 202-513-7166 (telephone); 202-371-1944 (fax); or [email protected] (email).

    SUPPLEMENTARY INFORMATION: I. Abstract

    Regulations at 36 CFR 2.1 and 2.5 provide for taking of scientific research specimens in parks. We use a permit system to manage scientific research and collecting. National Park Service Forms 10-741a (Application for a Scientific Research and Collecting Permit) and 10-741b (Application for a Science Education Permit) collect information from persons seeking a permit to conduct natural or social science research and collection activities in individual units of the National Park System. The information we collect includes, but is not limited to:

    • Names and business contact information.

    • Project title, purpose of study, summary of proposed field methods and activities, and study and field schedules.

    • Location where scientific activities are proposed to take place, including method of access.

    • Whether or not specimens are proposed to be collected or handled, and if yes, scientific descriptions and proposed disposition of specimens.

    • If specimens are to be permanently retained, the proposed repositories for those specimens.

    Persons who receive a permit must report annually on the activities conducted under the permit. Form 10-226 (Investigator's Annual Report) collects the following information:

    • Reporting year, park, and type of permit.

    • Names and business contact information and names of additional investigators.

    • Project title, park-assigned study or activity number, park-assigned permit number, permit start and expiration dates, and scientific study start and ending dates.

    • Activity type, subject discipline, purpose of study/activity during the reporting year, and finding and status of study or accomplishments of education activity during the reporting year.

    We use the above information to manage the use and preservation of park resources and for reporting to the public via the Internet about the status of permitted research and collecting activities. We encourage respondents to use the Internet-based, automated Research Permit and Reporting System (RPRS) to complete and submit applications and reports. For those who use RPRS, much of the information needed for the annual report is generated automatically through information supplied in the application or contained in the permit.

    You may obtain additional information about the application and reporting forms and existing guidance and explanatory material by clicking on “Help” at the RPRS Web site (https://irma.nps.gov/RPRS/).

    II. Data

    OMB Control Number: 1024-0236.

    Title: Research Permit and Reporting System Applications and Reports, 36 CFR 2.1 and 2.5.

    Service Form Number(s): NPS Forms 10-226, 10-741a, and 10-741b.

    Type of Request: Extension of a currently approved collection.

    Description of Respondents: Individuals; businesses; academic and research institutions; and Federal, State, local, and tribal governments.

    Respondent's Obligation: Required to obtain or retain a benefit.

    Frequency of Collection: On occasion for applications; annually for reports.

    Activity Number of
  • respondents
  • Number of
  • annual
  • responses
  • Completion
  • time per
  • response
  • Total annual
  • burden hours
  • Form 10-226, “Investigator's Annual Report” Individuals 217 217 15 minutes 54 Private Sector 1,700 1,700 15 minutes 425 Government 1,300 1,300 15 minutes 325 Subtotal 3,217 3,217 804 Form 10-741a, “Application for a Scientific Research and Collecting Permit” Individuals 272 272 1.38 hours 375 Private Sector 1,600 1,600 1.38 hours 2,208 Government 1,400 1,400 1.38 hours 1,932 Subtotal 3,272 3,272 4,515 Form 10-741b, “Application for a Science Education Permit” Individuals 30 30 1 hour 30 Private Sector 50 50 1 hour 50 Government 50 50 1 hour 50 Subtotal 130 130 130 Totals 6,619 6,619 5,449 * Total annual burden hours rounded.

    Estimated Annual Non-hour Cost Burden: There is no non-hour burden cost associated with this collection.

    III. Comments

    On September 9, 2016, we published in the Federal Register (81 FR 44147) a Notice of our intent to request that OMB renew approval for this information collection. In that Notice, we solicited comments for 60 days, ending November 7, 2016. We received no comments in response to that Notice.

    We again invite comments concerning this information collection on:

    • Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

    • The accuracy of our estimate of the burden for this collection of information;

    • Ways to enhance the quality, utility, and clarity of the information to be collected; and

    • Ways to minimize the burden of the collection of information on respondents.

    Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done.

    Timothy Goddard, Information Collection Clearance Officer, National Park Service.
    [FR Doc. 2017-08697 Filed 4-27-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-23215; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting comments on the significance of properties nominated before April 1, 2017, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by May 15, 2017.

    ADDRESSES:

    Comments may be sent via U.S. Postal Service and all other carriers to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 7228, Washington, DC 20240.

    SUPPLEMENTARY INFORMATION:

    The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before April 1, 2017. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Nominations submitted by State Historic Preservation Officers:

    NEW YORK Albany County Tilley, John S., Ladders Company, 122 2nd St., Watervliet, SG100000993 Bronx County Reformed Church of Melrose, 746 Elton Ave., Bronx, SG100000994 Dutchess County Winans-Huntting House, 51 Bethel Cross Rd., Pine Plains, SG100000995 Essex County Henry's Garage, 14 Church St., Port Henry, SG100000996 New York County P.S. 186, 521 W. 145th St., New York, SG100000997 Suffolk County Southold Milestone 7, (Southold Town Milestones MPS), 450 Franklinville Rd., Laurel, MP100000999

    Nominations submitted by Federal Preservation Officers:

    FLORIDA Escambia County Pensacola Harbor Defense Project, W. end of Santa Rosa Island, Pensacola, SG100000992

    The State Historic Preservation Officer reviewed the nomination and responded to the Federal Preservation Officer within 45 days of receipt of the nomination and supports listing the property in the National Register of Historic Places.

    Authority:

    60.13 of 36 CFR part 60.

    Dated: April 4, 2017. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program.
    [FR Doc. 2017-08557 Filed 4-27-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [MMAA104000] Notice on Outer Continental Shelf Oil and Gas Lease Sales AGENCY:

    Bureau of Ocean Energy Management, Interior.

    ACTION:

    List of Restricted Joint Bidders.

    Pursuant to the joint bidding provisions of 30 CFR 556.511-556.515, the Bureau of Ocean Energy Management is publishing a List of Restricted Joint Bidders. Each entity within one of the following groups is restricted from bidding with any entity in any of the other following groups at Outer Continental Shelf oil and gas lease sales to be held during the bidding period May 1, 2017, through October 31, 2017. This List of Restricted Joint Bidders will cover the period May 1, 2017, through October 31, 2017, and replace the prior list published on November 4, 2016, which covered the period of November 1, 2016, through April 30, 2017.

    Group I BP America Production Company BP Exploration & Production Inc. BP Exploration (Alaska) Inc. Group II Chevron Corporation Chevron U.S.A. Inc. Chevron Midcontinent, L.P. Unocal Corporation Union Oil Company of California Pure Partners, L.P. Group III Eni Petroleum Co. Inc. Eni Petroleum US LLC Eni Oil US LLC Eni Marketing Inc. Eni BB Petroleum Inc. Eni US Operating Co. Inc. Eni BB Pipeline LLC Group IV Exxon Mobil Corporation ExxonMobil Exploration Company Group V Petroleo Brasileiro S.A. Petrobras America Inc. Group VI Shell Oil Company Shell Offshore Inc. SWEPI LP Shell Frontier Oil & Gas Inc. SOI Finance Inc. Shell Gulf of Mexico Inc. Group VII Statoil ASA Statoil Gulf of Mexico LLC Statoil USA E&P Inc. Statoil Gulf Properties Inc. Group VIII Total E&P USA, Inc. Dated: April 21, 2017. Walter D. Cruickshank, Acting Director, Bureau of Ocean Energy Management.
    [FR Doc. 2017-08659 Filed 4-27-17; 8:45 am] BILLING CODE 4310-MR-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-570 and 731-TA-1346 (Preliminary)] Aluminum Foil From China Determinations

    On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of aluminum foil from China, provided for in subheadings 7607.11.30, 7607.11.60, 7607.11.90, and 7607.19.60 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”) and to be subsidized by the government of China.

    1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).

    Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission's rules, upon notice from the Department of Commerce (“Commerce”) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations.

    Background

    On March 9, 2017, The Aluminum Association Trade Enforcement Working Group (Arlington, Virginia), on behalf of JW Aluminum Company (Goose Creek, South Carolina), Novelis North America (Atlanta, Georgia), and Reynolds Consumer Products (Lake Forest, Illinois) filed a petition with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV and subsidized imports of aluminum foil from China. Accordingly, effective March 9, 2017, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation No. 701-TA-570 and antidumping duty investigation No. 731-TA-1346 (Preliminary).

    Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 15, 2017 (82 FR 13853). The conference was held in Washington, DC, on March 30, 2017, and all persons who requested the opportunity were permitted to appear in person or by counsel.

    The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on April 24, 2017. The views of the Commission are contained in USITC Publication 4684 (May 2017), entitled Aluminum Foil from China: Investigation Nos. 701-TA-570 and 731-TA-1346 (Preliminary).

    By order of the Commission.

    Issued: April 24, 2017. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2017-08560 Filed 4-27-17; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140-0099] Agency Information Collection Activities; Proposed eCollection eComments Requested; ATF Adjunct Instructor Data Form—ATF Form 6140.3 AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register, on February 24, 2017, allowing for a 60-day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until May 30, 2017.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact J. Wade Brashier, Professional/Technical Training & Development Branch, either by mail at 99 New York Avenue NE., Washington, DC 20226 or by email at [email protected] Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    3. Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    1. Type of Information Collection: Extension, without change, of a currently approved collection.

    2. The Title of the Form/Collection: ATF Adjunct Instructor Data Form.

    3. The agency form number, if any, and the applicable component of the Department

    4. sponsoring the collection:

    5. Form number: ATF Form 6140.3.

    6. Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    7. Affected public who will be asked or required to respond, as well as a brief abstract:

    8. Primary: State, Local, or Tribal Government.

    9. Other: None.

    10. Abstract: The information collected on ATF F 6140.3 will provide ATF with sufficient data to uniquely identify individual instructors, validate instructor topical expertise prior to training, and defend an instructor's qualifications in court regarding topical expertise.

    11. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 20 respondents will utilize the form, and it will take each respondent approximately 30 minutes to complete the form.

    12. An estimate of the total public burden (in hours) associated with the collection: An estimated 20 respondents will utilize the form, and it will take each respondent approximately 30 minutes to complete the form.

    If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530.

    Dated: April 24, 2017. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2017-08550 Filed 4-27-17; 8:45 am] BILLING CODE 4410-14-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

    On April 25, 2017, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of New York in the lawsuit entitled United States v. Falcon Petroleum, LLC, RGLL, Inc., and GRJH, Inc., Civil Action No. 1:16-cv-1522.

    This settlement resolves the United States' allegations that Falcon Petroleum, LLC, RGLL, Inc., and GRJH, Inc. (“Defendants”) violated the Resource Conservation and Recovery (“Act”) and its implementing regulations set forth at 40 CFR part 280 at eight gas stations in New York, all of which contain underground storage tanks (“tanks”) owned and operated, or owned and leased, by Defendants. The United States' claims against Defendants stem from the company's alleged failure to install overfill protection equipment; perform release detection on tanks and associated piping; equip piping with automatic line leak detectors; perform annual testing of an automatic line leak detector on piping; and maintain adequate records of release detection monitoring.

    The proposed Consent Decree resolves these allegations by requiring that Defendants implement injunctive relief valued at approximately $218,000, undertake a Supplemental Environmental Project (“SEP”) valued at approximately $220,000, and pay a $60,000 civil penalty. As part of the injunctive relief, Defendants will install, or upgrade to, fully automated electronic release detection monitoring equipment at seven gas stations in New York. As part of the SEP, Defendants will install a centralized monitoring system in twenty-six stations that span three states: Twenty-three in New York, two in Connecticut and one in New Hampshire. The centralized monitoring system will transmit to and collect at one central location the information gathered at each gas station equipped with the electronic release detection monitoring equipment. This technology will therefore assist Defendants to respond to potential releases and other alarm events.

    The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Falcon Petroleum, LLC, RGLL, Inc., and GRJH, Inc., D.O.J. Ref. No. 90-7-1-09896. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $10.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $6.75.

    Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2017-08651 Filed 4-27-17; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF LABOR Office of the Assistant Secretary for Administration and Management Agency Information Collection Activities; Comment Request; Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins Building ACTION:

    Notice.

    SUMMARY:

    The Department of Labor (DOL) is soliciting comments concerning an Information Collection Request (ICR) proposing to extend Paperwork Reduction Act of 1995 (PRA), authority to conduct the information collection titled, “Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins Building.” This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden.

    DATES:

    Submit written comments on or before June 27, 2017.

    ADDRESSES:

    Contact Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) to request a free copy of this ICR that includes applicable supporting documentation providing a description of the likely respondents, proposed frequency of response, and estimated total burden. Submit written comments about, or requests for a copy of, this ICR by mail or courier to the U.S. Department of Labor—OASAM, Office of the Chief Information Officer, Attn: Information Policy and Assessment Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The DOL headquarters building, the Frances Perkins Building (FPB), has conference and meeting capabilities located in its public space areas that non-DOL entities may request to use. The Administrator of the General Services Administration set forth terms and conditions delegating FPB operation to the DOL, Office of the Assistant Secretary for Administration and Management (OASAM). The delegation sets forth conditions authorizing the DOL to issue occasional use permits for FPB public space. The delegation is also subject to applicable standard operating procedures for Government-owned real properties. More specifically, the DOL may only issue occasional use permits to organizations engaging in cultural, educational, or recreational activities. These permits are generally not available for commercial purposes. Any person or organization wishing to use a FPB public area must file a permit application with the DOL Conference Rooms and Services Center. Applicants must submit the following information: (a) Applicant's full name, mailing address, and telephone number; (b) organization sponsoring the proposed activity; (c) individual(s) responsible for supervising the activity; (d) documentation showing the applicant is authorized to represent the sponsoring organization; and (e) a description of the proposed activity, including dates and times during which it is to be conducted and the number of persons to be involved. OASAM policies and procedures concerning FPB public space are set forth in DOL Manual Series section 2-510 and an application—Form DL-1-6062B, Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins Building.

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the Office of Management and Budget (OMB) under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1225-0087. The DOL intends to seek continued approval for this collection of information for an additional three years.

    The DOL, as part of continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the OMB for final approval. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the ICR. Submitted comments will also be a matter of public record for this ICR and posted on the Internet, without redaction. The DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive information in any comments.

    The DOL is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Agency: DOL-OASAM.

    Type of Review: Extension without change of a currently approved collection.

    Title of Collection: Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins Building.

    Form: Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins Building (Form DL-1-6062B).

    OMB Control Number: 1225-0087.

    Affected Public: Private Sector—not for-profit institutions.

    Estimated Number of Respondents: 5.

    Frequency: On occasion.

    Total Estimated Annual Responses: 5.

    Estimated Average Time per Response: 5 minutes.

    Estimated Total Annual Burden Hours: 1 hour.

    Total Estimated Annual Other Cost Burden: $0.

    Authority:

    44 U.S.C. 3506(c)(2)(A).

    Dated: April 24, 2017. Michel Smyth, Departmental Clearance Officer.
    [FR Doc. 2017-08612 Filed 4-27-17; 8:45 am] BILLING CODE 4510-23-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-027 and 52-028; NRC-2008-0441] South Carolina Electric & Gas Company, South Carolina Public Service Authority; Virgil C. Summer Nuclear Station, Units 2 and 3; Design Reliability Assurance Program (D-RAP) Changes AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Exemption and combined license amendment; issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from the certification information of Tier 1 of the generic design control document (DCD) and is issuing License Amendment No. 70 to Combined Licenses (COLs), NPF-93 and NPF-94. The COLs were issued to South Carolina Electric & Gas Company and the South Carolina Public Service Authority, (together referred to as the licensee); for construction and operation of the Virgil C. Summer Nuclear Station (VCSNS) Units 2 and 3, located in Fairfield County, South Carolina.

    The granting of the exemption allows the changes to Tier 1 information asked for in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently.

    DATES:

    The exemption and amendment were issued on April 11, 2017.

    ADDRESSES:

    Please refer to Docket ID NRC-2008-0441 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0441. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. The request for the amendment and exemption was submitted by letter dated September 22, 2016 and is available in ADAMS under Accession No. ML16270A582.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Billy Gleaves, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5848; email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Introduction

    The NRC is granting an exemption from Paragraph B of Section III, “Scope and Contents,” of Appendix D, “Design Certification Rule for the AP1000,” to part 52 of title 10 of the Code of Federal Regulations (10 CFR), and issuing License Amendment No. 70 to COLs, NPF-93 and NPF-94, to the licensee. The exemption is required by Paragraph A.4 of Section VIII, “Processes for Changes and Departures,” Appendix D, to 10 CFR part 52 to allow the licensee to depart from Tier 1 information. With the requested amendment, the licensee sought proposed changes that would revise the Updated Final Safety Analysis Report (UFSAR) in the form of departures from the incorporated plant-specific DCD Tier 2 information. The proposed amendment also involves related changes to plant-specific Tier 1 information, with corresponding changes to the associated COL Appendix C information. Specifically, the LAR revises the Design Reliability Assurance Program (D-RAP) to identify the covers for the in-containment refueling water storage tank (IRWST) vents and overflow weirs as the risk-significant components included in the D-RAP and to identify that the field control relays of each rod drive motor-generator (MG) sets are a part of the rod drive power supply control cabinets in which the relays are located.

    Part of the justification for granting the exemption was provided by the review of the amendment. Because the exemption is necessary in order to issue the requested license amendment, the NRC granted the exemption and issued the amendment concurrently, rather than in sequence. This included issuing a combined safety evaluation containing the NRC staff's review of both the exemption request and the license amendment. The exemption met all applicable regulatory criteria set forth in §§ 50.12, 52.7, and Section VIII.A.4 of Appendix D to 10 CFR part 52. The license amendment was found to be acceptable as well. The combined safety evaluation is available in ADAMS under Accession No. ML17048A143.

    Similar exemption documents were issued to the licensee for VCSNS Units 2 and 3 (COLs NPF-93 and NPF-94). The exemption documents for VCSNS Units 2 and 3 can be found in ADAMS under Accession Nos. ML17048A144 and ML17048A147, respectively. The exemption is reproduced (with the exception of abbreviated titles and additional citations) in Section II of this document. The similar amendment documents for COLs NPF-93 and NPF-94 are available in ADAMS under Accession Nos. ML17048A145 and ML17048A148, respectively. A summary of the amendment documents is provided in Section III of this document.

    II. Exemption

    Reproduced below is the exemption document issued to VCSNS Units 2 and Unit 3. It makes reference to the combined safety evaluation that provides the reasoning for the findings made by the NRC (and listed under Item 1) in order to grant the exemption:

    1. In an application dated September 22, 2016, the licensee requested from the Commission an exemption to allow departures from Tier 1 information in the certified DCD incorporated by reference in 10 CFR part 52, Appendix D, as part of license amendment request 16-14, “Design Reliability Assurance Program (D-RAP) Changes.”

    For the reasons set forth in Section 3.1 of the NRC staff's Safety Evaluation, which can be found in ADAMS under Accession No. ML17048A143, the Commission finds that:

    A. The exemption is authorized by law;

    B. the exemption presents no undue risk to public health and safety;

    C. the exemption is consistent with the common defense and security;

    D. special circumstances are present in that the application of the rule in this circumstance is not necessary to serve the underlying purpose of the rule;

    E. the special circumstances outweigh any decrease in safety that may result from the reduction in standardization caused by the exemption; and

    F. the exemption will not result in a significant decrease in the level of safety otherwise provided by the design.

    2. Accordingly, the licensee is granted an exemption from the certified DCD Tier 1 information related to the in-containment refueling water storage tank vents and overflow weirs, the rod drive motor-generator sets field control relays, and the rod drive power supply control cabinets, as described in the licensee's request dated September 22, 2016. This exemption is related to, and necessary for the granting of License Amendment No. 70, which is being issued concurrently with this exemption.

    3. As explained in Section 5.0 of the NRC staff's Safety Evaluation (ADAMS Accession No. ML17048A143), this exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of the exemption.

    4. This exemption is effective as of the date of its issuance.

    III. License Amendment Request

    By letter dated September 22, 2016 (ADAMS Accession No. ML16270A582), the licensee requested that the NRC amend the COLs for VCSNS, Units 2 and 3, COLs NPF-93 and NPF-94. The proposed amendment is described in Section I of this Federal Register Notice.

    The Commission has determined for these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment.

    A notice of consideration of issuance of amendment to facility operating license or combined license, as applicable, proposed no significant hazards consideration determination, and opportunity for a hearing in connection with these actions, was published in the Federal Register on November 8, 2016 (81 FR 78652). No comments were received during the 30-day comment period.

    The Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments.

    IV. Conclusion

    Using the reasons set forth in the combined safety evaluation, the staff granted the exemption and issued the amendment that the licensee requested on September 22, 2016.

    The exemption and amendment were issued on April 11, 2017, as part of a combined package to the licensee (ADAMS Accession No. ML17048A142).

    Dated at Rockville, Maryland, this 14th day of April 2017.

    For the Nuclear Regulatory Commission.

    Brian Hughes, Acting Branch Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors.
    [FR Doc. 2017-08633 Filed 4-27-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-027 and 52-028; NRC-2008-0441] Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric & Gas Company; South Carolina Public Service Authority Debris Screen Related Dimensions AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Exemption and combined license amendment; issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from the certification information of Tier 1 of the generic design control document (DCD) and is issuing License Amendment No. 66 to Combined Licenses (COL), NPF-93 and NPF-94. The COLs were issued to South Carolina Electric & Gas Company and the South Carolina Public Service Authority, (both collectively referred to as the licensee) for construction and operation of the Virgil C. Summer Nuclear Station (VCSNS) Units 2 and 3, located in Fairfield County, South Carolina.

    The granting of the exemption allows the changes to Tier 1 information asked for in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently.

    DATES:

    The exemption and amendment were issued on March 27, 2017.

    ADDRESSES:

    Please refer to Docket ID NRC-2008-0441 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. The request for the amendment and exemption was submitted by letter dated August 12, 2016 (ADAMS Accession No. ML16225A437).

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Ruth Reyes, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3249; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Introduction

    The NRC is granting an exemption from Paragraph B of Section III, “Scope and Contents,” of appendix D, “Design Certification Rule for the AP1000,” to part 52 of title 10 of the Code of Federal Regulations (10 CFR), and issuing License Amendment No. 66 to COLs, NP-93 and NPF-94, to the licensee. The exemption is required by Paragraph A.4 of Section VIII, “Processes for Changes and Departures,” appendix D, to 10 CFR part 52 to allow the licensee to depart from Tier 1 information. With the requested amendment, the licensee sought proposed changes that would revise the Updated Final Safety Analysis Report in the form of departures from the incorporated plant-specific DCD Tier 2 information. The proposed amendment also involves related changes to plant-specific Tier 1 information, with corresponding changes to the associated COL Appendix C information. The proposed changes are to information identifying the frontal face area and screen surface area for the In-Containment Refueling Water Storage Tank (IRWST) screens, the location and dimensions of the protective plate located above the containment recirculation (CR) screens, and increasing the maximum Normal Residual Heat Removal System flowrate through the IRWST and CR screens.

    Part of the justification for granting the exemption was provided by the review of the amendment. Because the exemption is necessary in order to issue the requested license amendment, the NRC granted the exemption and issued the amendment concurrently, rather than in sequence. This included issuing a combined safety evaluation containing the NRC staff's review of both the exemption request and the license amendment. The exemption met all applicable regulatory criteria set forth in 10 CFR 50.12, 10 CFR 52.7, and Section VIII.A.4 of appendix D to 10 CFR part 52. The license amendment was found to be acceptable as well. The combined safety evaluation is available in ADAMS under Accession No. ML17040A590.

    Identical exemption documents (except for referenced unit numbers and license numbers) were issued to the licensee for VCSNS Units 2 and 3 (COLs NPF-93 and NPF-94). The exemption documents for VCSNS Units 2 and 3 can be found in ADAMS under Accession Nos. ML17040A547 and ML17040A553, respectively. The exemption is reproduced (with the exception of abbreviated titles and additional citations) in Section II of this document. The amendment documents for COLs NPF-93 and NPF-94 are available in ADAMS under Accession Nos. ML17040A543 and ML17040A545, respectively. A summary of the amendment documents is provided in Section III of this document.

    II. Exemption

    Reproduced below is the exemption document issued to V. C. Summer Units 2 and 3. It makes reference to the combined safety evaluation that provides the reasoning for the findings made by the NRC (and listed under Item 1) in order to grant the exemption:

    1. In an application dated August 12, 2016, the licensee requested from the Commission an exemption to allow departures from Tier 1 information in the certified DCD incorporated by reference in 10 CFR part 52, appendix D, as part of License Amendment Request 14-11, “Debris Screen Related Dimensions.”

    For the reasons set forth in Section 3.1 of the NRC staff's Safety Evaluation, which can be found at ADAMS Accession No. ML17040A590, the Commission finds that:

    A. The exemption is authorized by law;

    B. the exemption presents no undue risk to public health and safety;

    C. the exemption is consistent with the common defense and security;

    D. special circumstances are present in that the application of the rule in this circumstance is not necessary to serve the underlying purpose of the rule;

    E. the special circumstances outweigh any decrease in safety that may result from the reduction in standardization caused by the exemption; and

    F. the exemption will not result in a significant decrease in the level of safety otherwise provided by the design.

    2. Accordingly, the licensee is granted an exemption from the certified DCD Tier 1 information, with corresponding changes to Appendix C of the Facility COLs as described in the licensee's request dated August 12, 2016. This exemption is related to, and necessary for, the granting of License Amendment No. 66, which is being issued concurrently with this exemption.

    3. As explained in Section 5.0 of the NRC staff's Safety Evaluation this exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of the exemption.

    4. This exemption is effective as of the date of its issuance.

    III. License Amendment Request

    By letter dated August 12, 2016, the licensee requested that the NRC amend the COLs for VCSNS, Units 2 and 3, COLs NPF-93 and NPF-94. The proposed amendment is described in Section I of this Federal Register notice.

    The Commission has determined for these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR chapter I, which are set forth in the license amendment.

    A notice of consideration of issuance of amendment to facility operating license or combined license, as applicable, proposed no significant hazards consideration determination, and opportunity for a hearing in connection with these actions, was published in the Federal Register on October 11, 2016 (81 FR 70182). No comments were received during the 30-day comment period.

    The Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments.

    IV. Conclusion

    Using the reasons set forth in the combined safety evaluation, the staff granted the exemption and issued the amendment that the licensee requested on August 12, 2016.

    The exemption and amendment were issued on March 27, 2017, as part of a combined package to the licensee (ADAMS Accession No. ML17040A530).

    Dated at Rockville, Maryland, this 17th day of April 2017.

    For the Nuclear Regulatory Commission.

    Jennifer Dixon-Herrity, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors.
    [FR Doc. 2017-08615 Filed 4-27-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-027 and 52-028; NRC-2008-0441] South Carolina Electric & Gas Company, South Carolina Public Service Authority, Virgil C. Summer Nuclear Station, Units 2 and 3, Inspections, Tests, Analyses, and Acceptance Criteria AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Determination of the successful completion of inspections, tests, and analyses.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) staff has determined that the inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met for multiple inspections, tests, analyses, and acceptance criteria (ITAAC) for the Virgil C. Summer Nuclear Station (VCSNS), Units 2 and 3.

    DATES:

    The determination of the successful completion of inspections, tests, and analyses for these ITAAC for VCSNS, Units 2 and 3 is effective April 28, 2017.

    ADDRESSES:

    Please refer to Docket ID NRC-2008-0441 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0441. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Billy Gleaves, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5848; email: [email protected].

    SUPPLEMENTARY INFORMATION: I. Licensee Notification of Completion of ITAAC

    South Carolina Electric & Gas (SCE&G), on behalf of itself and the South Carolina Public Service Authority, (both hereafter called the licensee) has submitted ITAAC closure notifications (ICNs) under title 10 of the Code of Federal Regulations (10 CFR) 52.99(c)(1), informing the NRC that the licensee has successfully performed the required inspections, tests, and analyses, and that the acceptance criteria are met for:

    VCSNS Unit 2 ITAAC 2.1.01.06.ii (7), 2.1.03.09a.i (81), 2.5.01.03c (513), and C.3.8.01.02.03 (845) VCSNS Unit 3 ITAAC 2.1.01.06.ii (7), 2.1.03.09a.i (81), 2.5.01.03c (513), 3.3.00.09 (814), and C.3.8.01.02.03 (845)

    The ITAAC for VCSNS Unit 2 are in Appendix C of the VCSNS Unit 2 combined license (ADAMS Accession No. ML14100A092). The ITAAC for VCSNS Unit 3 are in Appendix C of VCSNS Unit 3 combined license (ADAMS Accession No. ML14100A101).

    II. NRC Staff Determination of Completion of ITAAC

    The NRC staff has determined that the specified inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met. The documentation of the NRC staff's determination is in the ITAAC Closure Verification Evaluation Form (VEF) for each ITAAC. The VEF is a form that represents the NRC staff's structured process for reviewing ICNs. Each ICN presents a narrative description of how the ITAAC was completed. The NRC's ICN review process involves a determination on whether, among other things: (1) Each ICN provides sufficient information, including a summary of the methodology used to perform the ITAAC, to demonstrate that the inspections, tests, and analyses have been successfully completed; (2) each ICN provides sufficient information to demonstrate that the acceptance criteria of the ITAAC are met; and (3) any NRC inspections for the ITAAC have been completed and any ITAAC findings associated with that ITAAC have been closed.

    The NRC staff's determination of the successful completion of these ITAAC is based on information available at this time and is subject to the licensee's ability to maintain the condition that the acceptance criteria are met. If the staff receives new information that suggests the staff's determination on any of these ITAAC is incorrect, then the staff will determine whether to reopen that ITAAC (including withdrawing the staff's determination on that ITAAC). The NRC staff's determination will be used to support a subsequent finding, pursuant to 10 CFR 52.103(g), at the end of construction that all acceptance criteria in the combined license are met. The ITAAC closure process is not finalized for these ITAAC until the NRC makes an affirmative finding under 10 CFR 52.103(g). Any future updates to the status of these ITAAC will be reflected on the NRC's Web site at http://www.nrc.gov/reactors/new-reactors/oversight/itaac.html.

    This notice fulfills the staff's obligations under 10 CFR 52.99(e)(1) to publish a notice in the Federal Register of the NRC staff's determination of the successful completion of inspections, tests, and analyses.

    Virgil C. Summer Nuclear Station Unit 2, Docket No. 5200027

    A complete list of the review status for VCSNS Unit 2 ITAAC, including the submission date and ADAMS Accession Number for each ICN received, the ADAMS Accession Number for each VEF, and the ADAMS Accession Numbers for the inspection reports associated with these specific ITAAC, can be found on the NRC's Web site at http://www.nrc.gov/reactors/new-reactors/new-licensing-files/sum2-icnsr.pdf.

    Virgil C. Summer Nuclear Station Unit 3, Docket No. 5200028

    A complete list of the review status for VCSNS Unit 3 ITAAC, including the submission date and ADAMS Accession Number for each ICN received, the ADAMS Accession Number for each VEF, and the ADAMS Accession Numbers for the inspection reports associated with these specific ITAAC, can be found on the NRC's Web site at http://www.nrc.gov/reactors/new-reactors/new-licensing-files/sum3-icnsr.pdf.

    Dated at Rockville, Maryland, this 17th day of April 2017.

    For the Nuclear Regulatory Commission.

    Jennifer Dixon-Herrity, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors.
    [FR Doc. 2017-08618 Filed 4-27-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0001] Sunshine Act Meeting Notice DATE:

    Weeks of May 1, 8, 15, 22, 29, June 5, 2017.

    PLACE:

    Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.

    STATUS:

    Public and Closed.

    Week of May 1, 2017

    There are no meetings scheduled for the week of May 1, 2017.

    Week of May 8, 2017—Tentative Tuesday, May 9, 2017 10:00 a.m. Briefing on Security Issues (Closed Ex. 1). 2:00 p.m. Briefing on Security Issues (Closed Ex. 1). Thursday, May 11, 2017 9:00 a.m. Briefing on Risk-Informed Regulation (Public Meeting); (Contact: Steve Ruffin: 301-415-1985).

    This meeting will be webcast live at the Web address—http://www.nrc.gov/.

    Week of May 15, 2017—Tentative

    There are no meetings scheduled for the week of May 15, 2017.

    Week of May 22, 2017—Tentative

    There are no meetings scheduled for the week of May 22, 2017.

    Week of May 29, 2017—Tentative

    There are no meetings scheduled for the week of May 29, 2017.

    Week of June 5, 2017—Tentative

    There are no meetings scheduled for the week of June 5, 2017.

    The schedule for Commission meetings is subject to change on short notice. For more information or to verify the status of meetings, contact Denise McGovern at 301-415-0681 or via email at [email protected]

    The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/public-involve/public-meetings/schedule.html.

    The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify Kimberly Meyer, NRC Disability Program Manager, at 301-287-0739, by videophone at 240-428-3217, or by email at [email protected] Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

    Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301-415-1969), or email [email protected] or [email protected]

    Dated: April 26, 2017. Denise L. McGovern, Policy Coordinator, Office of the Secretary.
    [FR Doc. 2017-08793 Filed 4-26-17; 4:15 pm] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-025 and 52-026; NRC-2008-0252] Southern Nuclear Operating Company, Inc. Vogtle Electric Generating Plant, Units 3 and 4 Inspections, Tests, Analyses, and Acceptance Criteria AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Determination of the successful completion of inspections, tests, and analyses.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) staff has determined that the inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met for multiple inspections, tests, analyses, and acceptance criteria (ITAAC) for the Vogtle Electric Generating Plant (VEGP), Units 3 and 4.

    DATES:

    The determination of the successful completion of inspections, tests, and analyses for these ITAAC for VEGP, Units 3 and 4 is effective April 28, 2017.

    ADDRESSES:

    Please refer to Docket ID NRC-2008-0252 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Chandu Patel, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3025; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Licensee Notification of Completion of ITAAC

    Southern Nuclear Operating Company, Inc. (SNC), Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC., MEAG Power SPVJ, LLC., MEAG Power SPVP, LLC., and the City of Dalton, Georgia, (hereafter called the licensee) has submitted ITAAC closure notifications (ICNs) under title 10 of the Code of Federal Regulations (10 CFR) 52.99(c)(1), informing the NRC that the licensee has successfully performed the required inspections, tests, and analyses, and that the acceptance criteria are met for:

    VEGP Unit 3 ITAAC 2.1.01.07.iii (10), 2.1.02.08d.iv (35), 2.1.03.02c (71), and 2.2.03.08c.xi (196) VEGP Unit 4 ITAAC 2.1.01.07.iii (10), 2.1.02.08d.iv (35), and 2.2.03.08c.xi (196)

    The ITAAC for VEGP Unit 3 are in Appendix C of the VEGP Unit 3 combined license (ADAMS Accession No. ML14100A106). The ITAAC for VEGP Unit 4 are in Appendix C of VEGP Unit 4 combined license (ADAMS Accession No. ML14100A135).

    II. NRC Staff Determination of Completion of ITAAC

    The NRC staff has determined that the specified inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met. The documentation of the NRC staff's determination is in the ITAAC Closure Verification Evaluation Form (VEF) for each ITAAC. The VEF is a form that represents the NRC staff's structured process for reviewing ICNs. Each ICN presents a narrative description of how the ITAAC was completed. The NRC's ICN review process involves a determination on whether, among other things: (1) Each ICN provides sufficient information, including a summary of the methodology used to perform the ITAAC, to demonstrate that the inspections, tests, and analyses have been successfully completed; (2) each ICN provides sufficient information to demonstrate that the acceptance criteria of the ITAAC are met; and (3) any NRC inspections for the ITAAC have been completed and any ITAAC findings associated with that ITAAC have been closed.

    The NRC staff's determination of the successful completion of these ITAAC is based on information available at this time and is subject to the licensee's ability to maintain the condition that the acceptance criteria are met. If the staff receives new information that suggests the staff's determination on any of these ITAAC is incorrect, then the staff will determine whether to reopen that ITAAC (including withdrawing the staff's determination on that ITAAC). The NRC staff's determination will be used to support a subsequent finding, pursuant to 10 CFR 52.103(g), at the end of construction that all acceptance criteria in the combined license are met. The ITAAC closure process is not finalized for these ITAAC until the NRC makes an affirmative finding under 10 CFR 52.103(g). Any future updates to the status of these ITAAC will be reflected on the NRC's Web site at http://www.nrc.gov/reactors/new-reactors/oversight/itaac.html.

    This notice fulfills the staff's obligations under 10 CFR 52.99(e)(1) to publish a notice in the Federal Register of the NRC staff's determination of the successful completion of inspections, tests and analyses.

    Vogtle Electric Generating Plant Unit 3, Docket No. 5200025

    A complete list of the review status for VEGP Unit 3 ITAAC, including the submission date and ADAMS Accession Number for each ICN received, the ADAMS Accession Number for each VEF, and the ADAMS Accession Numbers for the inspection reports associated with these specific ITAAC, can be found on the NRC's Web site at http://www.nrc.gov/reactors/new-reactors/new-licensing-files/vog3-icnsr.pdf

    Vogtle Electric Generating Plant Unit 4, Docket No. 5200026

    A complete list of the review status for VEGP Unit 4 ITAAC, including the submission date and ADAMS Accession Number for each ICN received, the ADAMS Accession Number for each VEF, and the ADAMS Accession Numbers for the inspection reports associated with these specific ITAAC, can be found on the NRC's Web site at http://www.nrc.gov/reactors/new-reactors/new-licensing-files/vog4-icnsr.pdf.

    Dated at Rockville, Maryland, this 17th day of April 2017.

    For the Nuclear Regulatory Commission.

    Jennifer Dixon-Herrity, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors.
    [FR Doc. 2017-08616 Filed 4-27-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-275 and 50-323; NRC-2016-0080] Pacific Gas and Electric Company AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Director's decision under 10 CFR 2.206; issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has issued a director's decision with regard to a Petition to Intervene and Request for Hearing concerning Diablo Canyon Power Plant (DCPP) dated August 26, 2014, filed by Friends of the Earth (FOE or petitioner), asserting, in part, its concerns about DCPP's operational safety and ability to safely shut down in the event of a nearby earthquake. The petitioner's requests and the director's decision are included in the SUPPLEMENTARY INFORMATION section of this document.

    ADDRESSES:

    Please refer to Docket ID NRC-2016-0080 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0080. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] For the convenience of the reader, the ADAMS accession numbers are provided in a table in the “Availability of Documents” section of this document.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Margaret Watford, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1233, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that the Director, Office of Nuclear Reactor Regulation, has issued a director's decision on a Petition to Intervene and Request for Hearing, filed by the FOE on August 26, 2014, which the Commission referred to the NRC's EDO for consideration under the regulations of section 2.206 of title 10 of the Code of Federal Regulations (10 CFR) in Commission Memorandum and Order (CLl-15-14) dated May 21, 2015. The EDO then referred these concerns to the NRC's Office of Nuclear Reactor Regulation for consideration under 10 CFR 2.206. The petition was supplemented by letters dated September 30, 2015, and February 8, 2016.

    The petitioner requested that the NRC take enforcement actions to ensure that DCPP can operate safely and demonstrate its ability to safely shut down in the event of an earthquake caused by nearby faults. As the basis of the request, the petitioner states that the “NRC staff's determination that the new seismic information, including the Shoreline earthquake and its effect on the San Luis Bay and Los Osos faults, is a lesser-included case within the Hosgri earthquake is insufficient to insure that Diablo Canyon is operating safely with an adequate margin of safety.”

    On two occasions, the NRC offered FOE opportunities to address the Petition Review Board (PRB), which was established to review FOE's enforcement concerns. In response, on September 30, 2015, and February 8, 2016, FOE provided written submissions to the PRB in lieu of addressing the PRB in person or by telephone. The NRC staff considered these submittals during its evaluation.

    The NRC sent a copy of the proposed director's decision to the petitioner and the Pacific Gas and Electric Company (the licensee) for comment on February 28, 2017. The petitioner and the licensee were asked to provide comments by March 16, 2017, on any part of the proposed director's decision that was considered to be erroneous or any issues in the petition that were not addressed. The NRC staff did not receive any comments on the proposed director's decision.

    The Director of the Office of Nuclear Reactor Regulation has determined that the request to take enforcement actions to ensure that DCPP can operate safely and demonstrate its ability to safely shut down in the event of an earthquake caused by nearby faults be denied. The reasons for this decision are explained in the director's decision DD-17-02 pursuant to section 2.206 of 10 CFR of the Commission's regulations.

    The NRC will file a copy of the director's decision with the Secretary of the Commission for the Commission's review in accordance with 10 CFR 2.206. As provided by this regulation, the director's decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the director's decision in that time.

    Availability of Documents

    The documents identified in the following table are available for public inspection through the NRC's ADAMS.

    Title Date ADAMS
  • Accession No.
  • SRM-M150521A-2—Final Director's Decision Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 (CAC Nos. MF6443 and MF6444) 4/21/2017 ML17090A182 Petition to Intervene and Request for Hearing By Friends of the Earth 8/26/2014 ML14254A231 Commission Memorandum and Order CLI-15-14 5/21/2015 ML15141A084 SRM-M150521A-2/CLI-15-14—E-mail and Letter to 2.206 Panel, Request Pursuant to 10 CFR 2.206 for Suspension of Operations and Enforcement of Nuclear Regulatory Commission Regulations to Ensure Seismic Safety of Diablo Canyon Power Plant 9/30/2015 ML15274A054 Friends of the Earth, E-mail, Supplemental Information Regarding Request Pursuant to 10 CFR 2.206 for Suspension of Operations and Enforcement of Nuclear Regulatory Commission Regulations to Ensure Seismic Safety of Diablo Canyon Power Plant 2/8/2016 ML16040A221 SRM-M150521A-2, Petitioner Letter Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 (CAC Nos. MF6443 and MF6444) 2/28/2017 ML17011A205 SRM-M150521A-2—Licensee Letter Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 (CAC Nos. MF6443 and MF6444) 2/28/2017 ML17011A206
    Dated at Rockville, Maryland, this 21st day of April 2017.

    For the Nuclear Regulatory Commission.

    William M. Dean, Director, Office of Nuclear Reactor Regulation.
    [FR Doc. 2017-08609 Filed 4-27-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on NuScale; Notice of Meeting

    The ACRS Subcommittee on NuScale will hold a meeting on May 3, 2017, at 11545 Rockville Pike, Room T-2B3, Rockville, Maryland 20852.

    The meeting will be open to public attendance with the exception of portions that may be closed to protect information that is proprietary pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows:

    Wednesday, May 3, 2017—2:00 p.m. Until 5:00 p.m.

    The Subcommittee will hear a briefing on the NRC staff's NuScale Safety Focused Review approach. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.

    Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Michael Snodderly (Telephone 301-415-2241 or Email: [email protected]) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 17, 2016, (81 FR 71543).

    Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience.

    If attending this meeting, please enter through the One White Flint North Building, 11555 Rockville Pike, Rockville, Maryland. After registering with Security, please contact Mr. Theron Brown (Telephone 240-888-9835) to be escorted to the meeting room.

    Dated: April 4, 2017. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards.
    [FR Doc. 2017-08607 Filed 4-27-17; 8:45 am] BILLING CODE 7590-01-P
    PEACE CORPS Information Collection Request; Submission for OMB Review AGENCY:

    Peace Corps.

    ACTION:

    30-Day notice and request for comments.

    SUMMARY:

    The Peace Corps will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval. The purpose of this notice is to allow 30 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Submit comments on or before May 30, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name/or OMB approval number and should be sent via email to: [email protected] or fax to: 202-395-3086. Attention: Desk Officer for Peace Corps.

    FOR FURTHER INFORMATION CONTACT:

    Denora Miller, FOIA/Privacy Act Officer, Peace Corps, 1111 20th Street NW., Washington, DC 20526, (202) 692-1236, or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Global Health Service Peace Corps Staff Reference form.

    OMB Control Number: 0420-0548.

    Type of Request: New.

    Affected Public: Individuals.

    Respondents Obligation to Reply: Voluntary.

    Burden to the Public:

    Estimated burden (hours) of the collection of information:

    a. Number of interviewed applicants: 120.

    b. Number of references required per interviwed applicant: ** 2.

    c. Estimated number of reference forms received: 240.

    d. Frequency of response: One time.

    e. Completion time: 10 minutes.

    f. Annual burden hours: 40.

    ** Reference information is collected only if an applicant is contacted for an interview. The estimated number of applicants interviewed is 120 based on the first three years of the GHSP program.

    General Description of Collection: Peace Corps Response uses the staff, personal and professional reference forms to learn from someone who knows the applicant and his or her background whether the applicant possesses the necessary characteristics and skills to serve as a Global Health Service Partnership Volunteer.

    Request for Comment: Peace Corps invites comments on whether the proposed collections of information are necessary for proper performance of the functions of the Peace Corps, including whether the information will have practical use; the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the information to be collected; and, ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    This notice is issued in Washington, DC, on April 25, 2017. Denora Miller, FOIA/Privacy Act Officer, Management.
    [FR Doc. 2017-08636 Filed 4-27-17; 8:45 am] BILLING CODE 6051-01-P
    PEACE CORPS Information Collection Request; Submission for OMB Review AGENCY:

    Peace Corps.

    ACTION:

    30-Day notice and request for comments.

    SUMMARY:

    The Peace Corps will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval. The purpose of this notice is to allow 30 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

    DATES:

    Submit comments on or before May 30, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name/or OMB approval number and should be sent via email to: [email protected] or fax to: 202-395-3086. Attention: Desk Officer for Peace Corps.

    FOR FURTHER INFORMATION CONTACT:

    Denora Miller, FOIA/Privacy Act Officer, Peace Corps, 1111 20th Street NW., Washington, DC 20526, (202) 692-1236, or email at [email protected]

    ADDRESSES:

    Comments should be addressed to Denora Miller, FOIA/Privacy Act Officer. Denora Miller can be contacted by telephone at 202-692-1236 or email at [email protected] Email comments must be made in text and not in attachments.

    FOR FURTHER INFORMATION CONTACT:

    Denora Miller at Peace Corps address above.

    SUPPLEMENTARY INFORMATION:

    Title: Global Health Service Application.

    OMB Control Number: 0420-0547.

    Type of Request: New.

    Affected Public: Individuals.

    Respondents Obligation to Reply: Voluntary.

    Respondents: Potential Volunteers.

    Burden to the Public:

    Estimated burden (hours) of the collection of information:

    a. Number of respondents: 200.

    b. Frequency of response: One time.

    c. Completion time: 60 minutes.

    d. Annual burden hours: 200 hours.

    General Description of Collection: The Global Health Service Partnership Application (“the Application”) is necessary to recruit qualified volunteers to serve in Peace Corps Response, as Global Health Service Partnership Volunteers to build institutional capacity and help strengthen the quality of medical and nursing education. Applicants are selected based on their qualifications for a specific Volunteer assignment.

    Request for Comment: Peace Corps invites comments on whether the proposed collections of information are necessary for proper performance of the functions of the Peace Corps, including whether the information will have practical use; the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the information to be collected; and, ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    This notice is issued in Washington, DC, on April 25, 2017. Denora Miller, FOIA/Privacy Act Officer, Management.
    [FR Doc. 2017-08635 Filed 4-27-17; 8:45 am] BILLING CODE 6051-01-P
    PEACE CORPS Information Collection Request Submission for OMB Review AGENCY:

    Peace Corps.

    ACTION:

    30-Day notice and request for comments.

    SUMMARY:

    The Peace Corps will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval. The purpose of this notice is to allow 30 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Submit comments on or before May 30, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name/or OMB approval number and should be sent via email to: [email protected] or fax to: 202-395-3086. Attention: Desk Officer for Peace Corps.

    FOR FURTHER INFORMATION CONTACT:

    Denora Miller, FOIA/Privacy Act Officer, Peace Corps, 1111 20th Street NW., Washington, DC 20526, (202) 692-1236, or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Onboarding.

    OMB Control Number: 0420-xxxx.

    Type of Request: New.

    Affected Public: Individuals.

    Respondents Obligation to Reply: Voluntary.

    Respondents: Peace Corps Volunteers.

    Burden to the Public:

    Estimated burden (hours) of the collection of information:

    a. Number of respondents: 5,000.

    b. Frequency of response: One time.

    c. Completion time: 60 minutes.

    d. Annual burden hours: 5,000 hours.

    General Description of Collection: The Peace Corps uses the Onboarding Portal to collect essential administrative information from invitees for use during volunteer service, including information such as emergency contacts, legal history updates, direct deposit instructions, and life insurance designations. The information is used by the Peace Corps to establish specific services for invitees for the purposes of supporting the volunteer during service.

    Request for Comment: Peace Corps invites comments on whether the proposed collections of information are necessary for proper performance of the functions of the Peace Corps, including whether the information will have practical use; the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the information to be collected; and, ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    This notice is issued in Washington, DC, on April 25, 2017. Denora Miller, FOIA/Privacy Act Officer, Management.
    [FR Doc. 2017-08634 Filed 4-27-17; 8:45 am] BILLING CODE 6051-01-P
    PENSION BENEFIT GUARANTY CORPORATION Proposed Submission of Information Collection for OMB Review; Comment Request; Mergers and Transfers Between Multiemployer Plans AGENCY:

    Pension Benefit Guaranty Corporation.

    ACTION:

    Notice of intent to request extension of OMB approval of information collection.

    SUMMARY:

    The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of a collection of information contained in its regulation on Mergers and Transfers Between Multiemployer Plans. This notice informs the public of PBGC's intent and solicits public comment on the collection of information.

    DATES:

    Comments must be submitted on or before June 27, 2017.

    ADDRESSES:

    Comments may be submitted by any of the following methods:

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

    Email: [email protected]

    Mail or Hand Delivery: Regulatory Affairs Group, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026.

    Comments received, including personal information provided, will be posted to www.pbgc.gov.

    Copies of the collection of information may also be obtained without charge by writing to Disclosure Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, or calling 202-326-4040 during normal business hours. (TTY and TDD users may call the Federal relay service toll-free at 800-877-8339 and ask to be connected to 202-326-4040.)

    FOR FURTHER INFORMATION CONTACT:

    Hilary Duke ([email protected]), Attorney, Regulatory Affairs Group, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington DC 20005-4026; 202-326-4400, extension 3839. (TTY and TDD users may call the Federal relay service toll-free at 800-877-8339 and ask to be connected to 202-326-4400, extension 3839.)

    SUPPLEMENTARY INFORMATION:

    The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of a collection of information contained in its regulation on Mergers and Transfers Between Multiemployer Plans (29 CFR part 4231) (OMB control number 1212-0022; expires July 31, 2017). This notice informs the public of PBGC's intent and solicits public comment on the collection of information.

    Section 4231(a) and (b) of the Employee Retirement Income Security Act of 1974 (ERISA) requires plans that are involved in a merger or transfer to give PBGC 120 days' notice of the transaction and provides that if PBGC determines that specified requirements are satisfied, the transaction will be deemed not to be in violation of ERISA section 406(a) or (b)(2) (dealing with prohibited transactions).

    PBGC's regulation on Mergers and Transfers Between Multiemployer Plans (29 CFR part 4231) sets forth the procedures for giving notice of a merger or transfer under section 4231 and for requesting a determination that a transaction complies with section 4231.

    PBGC uses information submitted by plan sponsors under the regulation to determine whether mergers and transfers conform to the requirements of ERISA section 4231 and the regulation.

    The collection of information under the regulation has been approved by OMB under control number 1212-0022 (expires July 31, 2017). PBGC intends to request that OMB extend its approval for another three years. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    PBGC estimates that there are 14 transactions each year for which plan sponsors submit notices and approval requests under this regulation. The estimated annual burden of the collection of information is 9.50 hours and $42,800.

    PBGC is soliciting public comments to—

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodologies and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Issued in Washington, DC.

    Deborah Chase Murphy, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation.
    [FR Doc. 2017-08514 Filed 4-27-17; 8:45 am] BILLING CODE P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80514; File No. SR-IEX-2017-11] Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing of Proposed Rule Change To Modify the Manner in Which the Exchange Opens Trading for Non-IEX-Listed Securities April 24, 2017.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 notice is hereby given that on April 13, 2017, the Investors Exchange LLC (“IEX” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities Exchange Act of 1934 (“Act”), and Rule 19b-4 thereunder, Investors Exchange LLC (“IEX” or the “Exchange”) is filing with the Securities and Exchange Commission (“Commission”) proposed rule changes to (i) amend Rule 11.231 to modify the manner in which the Exchange opens trading for non-IEX-listed securities beginning at the start of Regular Market Hours and retitle it “Regular Market Session Opening Process for Non-IEX-Listed Securities”; and (ii) amend Rules 11.190 and 11.220 to specify the order types eligible to participate in the proposed Regular Market Session Opening Process for non-IEX listed securities (“Opening Process”) described in proposed Rule 11.231 and priority thereof.

    The text of the proposed rule change is available at the Exchange's Web site at www.iextrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose Background

    The purpose of the proposed rule change is to (i) amend Rule 11.231 to modify the manner in which the Exchange opens trading for non-IEX-listed securities beginning at the start of Regular Market Hours and retitle it “Regular Market Session Opening Process for Non-IEX-Listed Securities”; (ii) amend Rule 11.190(a)(2)(E) to allow market orders with a time-in-force of DAY to be entered in the Pre-Market Session for queuing and participation in the Regular Market Session Opening Process for non-IEX-listed securities (“Opening Process”) described in proposed Rule 11.231; (iii) amend Rule 11.220(a)(2) regarding the priority of orders eligible to execute in the proposed Opening Process; and (iv) amend Rule 11.190(b)(11) to clarify that orders with a Minimum Quantity as defined in Rule 11.190(b)(11) (“Minimum Quantity orders”) are not eligible to participate in the Opening Process pursuant to proposed Rule 11.231.

    Currently, the Exchange begins accepting limit orders with a time-in-force of IOC, FOK, SYS, and GTT 3 for non-IEX-listed securities for trading at the beginning of the Pre-Market Session and any such orders received by the Exchange are immediately eligible for execution in the Pre-Market Session. In addition, limit orders with a time-in-force of DAY or GTX 4 and pegged orders with a time-in-force of DAY that are entered during the Pre-Market Session are queued in the time sequence of their receipt by the System pursuant to Rule 11.220(a)(2), until the start of the Regular Market Session, or until the order is canceled by the User. Any such queued orders that are in the System at the beginning of Regular Market Hours are released to the Order Book as incoming orders in their relative time priority pursuant to Rule 11.220(a)(2) and are immediately eligible for trading in the Regular Market Session, subject to the User's instructions and market conditions. Pursuant to IEX Rule 11.190(a)(2)(E), market orders may only be submitted in the Regular Market Session, and are rejected by the System in the Pre-Market Session and Post-Market Session. Furthermore, under paragraph (iii) of IEX Rule 11.190(a)(2)(E), market orders marked DAY, by default, are rejected. When elected by the User, market orders marked DAY submitted by that User are accepted and eligible to trade or route during the Regular Market Session. Market orders marked DAY are treated by the System as having a TIF of IOC.5

    3 See Rules 11.190(c)(1), 11.190(c)(2), 11.190(c)(5), and 11.190(c)(6), defining the time-in-force of IOC, FOK, SYS, and GTT, respectively.

    4 See Rules 11.190(c)(3), 11.190(c)(4), defining a time-in-force of DAY and GTX, respectively.

    5 Members that would like to enter market orders with time-in-force of DAY and have the Exchange accept such orders are required to have authorized personnel contact IEX Market Operation ([email protected]) in writing requesting such port setting changes, and must specifically identify the order entry sessions to which such port setting will apply.

    Description of Proposed Rule Change

    The Exchange proposes to amend Rule 11.231 to offer an enhanced opening process for non-IEX-listed securities. Specifically, as proposed, the Exchange will attempt to perform the Opening Process in each non-IEX-listed security pursuant to which all eligible interest resting on the Order Book in the Pre-Market Session available for continuous trading (i.e., orders on the “Continuous Book”) or orders queued for execution in the Regular Market Session (i.e., orders on the “Cross Book”) will be executed at a single price. As proposed, the Opening Process offers Users an opportunity to participate in an electronic price discovery mechanism that efficiently matches all eligible buy and sell orders in each non-IEX-listed security queued for the Opening Process along with all eligible orders resting on the Continuous Book from the Pre-Market Session at a single price. The Opening Process is designed to efficiently maximize the number of shares executed at a single price that is reflective of the broader market for the security, as described more fully below.

    As proposed, prior to the beginning of Regular Market Hours, Users who wish to participate in the Opening Process may enter limit, market, and pegged orders designated with a time-in-force of DAY and limit orders designated with a time-in-force of GTX, which shall queue in the System and are eligible for execution in the Opening Process (orders on the Cross Book); interest resting on the Order Book in the Pre-Market Session available for continuous trading (i.e., orders on the Continuous Book) are also eligible for execution in the Opening Process (collectively, “Cross Eligible Orders”). Minimum Quantity orders are not eligible for execution in the Opening Process, and are therefore not Cross Eligible Orders. Accordingly, the Exchange is proposing to amend Rule 11.190(a)(2)(E) to extend the queuing functionality to market orders with a time-in-force of DAY that are entered during the Pre-Market Session and are not designated to route pursuant to Rule 11.230(c), allowing such orders to queue in the System for participation in the Opening Process.6 Orders with a time-in-force of IOC or FOK do not rest on the Order Book and are therefore ineligible to participate in the Opening Process. In addition, the Exchange is proposing to make a minor conforming change to the language used in reference to LULD Price Bands in Rule 11.190(a)(1)(2) [sic] in order to conform the reference to the language used throughout the Exchange's rules.

    6 Orders canceled before the Opening Process will not participate in the Opening Process. Market orders with a time-in-force of DAY that are entered during the Pre-Market Session and are designated to route pursuant to Rule 11.230(c) will be rejected upon entry.

    As proposed, orders on the Continuous Book and orders on the Cross Book (collectively, the Order Book) shall be ranked and maintained for the Opening Process pursuant to Rule 11.220(a)(2), as follows:

    • Midpoint peg orders, as defined in IEX Rule 11.190(b)(9), on the Cross Book are ranked and eligible for execution in the Opening Process at the less aggressive of the Midpoint Price or the order's limit price, if any.

    • Primary peg orders, as defined in IEX Rule 11.190(b)(8), on the Cross Book are ranked and eligible for execution in the Opening Process at the less aggressive of one (1) MPV below (above) the NBB (NBO) for buy (sell) orders or the order's limit price, if any, but may exercise price discretion up (down) to the Opening Match Price, subject to the less aggressive of the NBB (NBO) or the order's limit price, if any, except during periods of quote instability, as defined in IEX Rule 11.190(g). When exercising price discretion, primary peg orders are ranked behind any non-displayed interest at the Opening Match Price for the duration of the Opening Process. If multiple primary peg orders are exercising price discretion during the Opening Process, they maintain their relative time priority at the Opening Match Price.

    • Discretionary Peg orders, as defined in IEX Rule 11.190(b)(10), on the Cross Book are ranked and eligible for execution in the Opening Process at the less aggressive of the NBB (NBO) for buy (sell) orders or the order's limit price, if any, but may exercise price discretion up (down) to the Opening Match Price, subject to the less aggressive of the Midpoint Price or the order's limit price, if any, except during periods of quote instability, as defined in IEX Rule 11.190(g). When exercising price discretion, Discretionary Peg orders are ranked behind any non-displayed interest at the Opening Match Price for the duration of the Opening Process. If multiple Discretionary Peg orders are exercising price discretion during the Opening Process, they maintain their relative time priority at the Opening Match Price.

    • Limit orders on the Cross Book are ranked and eligible for execution in the Opening Process at their limit price.

    • Non-displayed limit orders and non-displayed portions of reserve orders on the Continuous Book are ranked and eligible for execution in the Opening Process at the less aggressive of the Midpoint Price or the order's limit price.

    • Displayed limit orders on the Continuous Book are ranked and eligible for execution in the Opening Process at their resting price.

    As noted above, orders shall be ranked and prioritized for the Opening Process in price—display—time priority pursuant to proposed Rule 11.220(a)(2). Specifically, the best priced Cross Eligible Order (the highest priced resting order to buy or the lowest priced resting order to sell) has priority over all other orders to buy (or orders to sell) in all cases. Market orders have precedence over limit orders. Cross Eligible Orders resting on the Continuous Book are ranked by the price at which they are resting on the Continuous Book and Cross Eligible Orders resting on the Cross Book are ranked by the limit price defined by the User, if any, except in the case of pegged orders, which are ranked by their current book price (in each case, the order's “resting price”). Equally priced Cross Eligible Orders are ranked by display priority, i.e., displayed orders and displayed portions of Cross Eligible Orders will have precedence over non-displayed orders and non-displayed portions of Cross Eligible Orders at a given price. Equally priced Cross Eligible Orders with the same display priority are ranked in time priority, i.e., where Cross Eligible Orders to buy (or sell) are ranked at the same price with the same display priority, the oldest order at such price and display shall have precedence at that price and display. Orders are ranked by the time at which they are posted to the Order Book at a given price, the first to be posted at a given price being the oldest. Cross Eligible Orders maintain their time priority once booked until:

    • In the case of an order on the Cross Book, the order is: (i) Incremented by the User, (ii) re-priced by the User, (iii) the Minimum Quantity instruction is removed from an order by the User, and therefore becomes a Cross Eligible Order, or (iv) a pegged order is re-priced by the System in response to changes in the NBBO, at which time the order will receive a new timestamp. Pursuant to IEX Rule 11.231(a)(1)(ii) and (iii), respectively, when exercising price discretion, primary peg and Discretionary Peg orders maintain time priority at their resting price, however they are prioritized behind any non-displayed interest at the Opening Match Price for the duration of the Opening Process.

    • In the case of an order on the Continuous Book, any one of the events specified in IEX Rule 11.220(a)(1)(C) occurs to an order, at which time the order will receive a new timestamp.

    Under proposed Rule 11.231(b), beginning at the start of Regular Market Hours, Cross Eligible Orders that are eligible to trade at the Opening Match Price (as described below) will be processed in accordance with price—display—time priority pursuant to proposed Rule 11.220(a)(2). First, to the extent there is contra side interest eligible to trade at the Opening Match Price, market orders will be executed at the Opening Match Price in time priority. After the execution of all market orders, the remaining Cross Eligible Orders priced more aggressively than the Opening Match Price will be executed in price—display—time priority at the Opening Match Price. All remaining Cross Eligible Orders priced equal to the Opening Match Price will execute in display—time priority at the Opening Match Price. Executions will occur until there is no remaining volume or there is an imbalance of orders (i.e., there are no remaining eligible shares to buy (sell), while eligible shares to sell (buy) remain unexecuted) (the process described above, collectively, being the “Opening Match”). AGID modifiers, as defined in Rule 11.190(e), will not be supported for executions in the Opening Match, but will be enforced on all unexecuted shares released to the Order Book following the Opening Match.

    An imbalance of Cross Eligible Orders on the buy side or sell side may result in orders that are not executed in whole or in part. Unexecuted Cross Eligible Orders to buy (sell) that are priced at or above (below) the Cross Price Constraint (but remained unexecuted due to an imbalance of Cross Eligible Orders) will price slide pursuant to IEX Rule 11.190(h) and all remaining unexecuted Cross Eligible Orders, along with any orders that were either ineligible to participate in the Opening Process or too passive to be executed in the Opening Process, will be released to the Order Book for continuous trading or canceled in accordance with the terms of the order. Routable orders that are released to the Order Book will be routed in accordance with IEX Rule 11.230(c)(3) (Re-Sweep Behavior), subject to the order's instructions.

    Proposed Rule 11.231(c)(1) sets forth proposed definitions applicable to the Opening Process. As proposed:

    • The term “Away Protected NBB” or “Away Protected NBO” shall mean the national best bid or offer, respectively, that is a Protected Quotation and not a quotation of the Exchange.

    • The term “Away Protected Bid” or “Away Protected Offer” shall mean a Protected Bid or Protected Offer, respectively, that is not a quotation of the Exchange.

    • The term “Cross Price Constraint” shall mean, collectively, the upper and lower threshold prices within which the Opening Match must occur, inclusive of the boundaries. During a crossed market, if the upper threshold price is below the lower threshold price when performing the Opening Process, no Opening Match will occur and orders eligible to post on the Order Book will price slide in accordance with the price sliding process, pursuant to IEX Rule 11.190(h), and the security will open for trading on IEX in accordance with prevailing market session rules.

    ○ The upper threshold price of the Cross Price Constraint is equal to the price of the Away Protected NBO, except in the event that an Away Protected Bid is crossing an Away Protected Offer, the upper threshold price is equal to the greater of five cents ($0.05) or one half of a percent (0.5%) higher than the lowest Away Protected Offer.

    ○ The lower threshold price of the Cross Price Constraint is equal to the price of the Away Protected NBB, except in the event that an Away Protected Bid is crossing an Away Protected Offer, the lower threshold price is equal to the greater of five cents ($0.05) or one half of a percent (0.5%) lower than the highest Away Protected Bid.

    • The term “Cross Tie Breaker” shall mean the price of the most current Order Collar Reference Price pursuant to IEX Rule 11.190(f).7

    7 Rule 11.190(f)(1)(A) defines the Order Collar Reference Price as the most current of: (i) The consolidated last sale price disseminated during the Regular Market Session on the current trade date, (ii) the last trade price disseminated outside of the Regular Market Session by the SIP (Form T, as communicated by the relevant SIP) on the current trade date, which but for the Form T designation would have been considered a valid last sale price, or, (iii) if no such trades exist, the previous official closing price. If no Pre-Market Session trades have occurred that qualify to update the Order Collar Reference Price and the previous official closing price for the security is not available, in the interest of maintaining a fair and orderly market, the Exchange will prevent trading in a security pursuant to Rule 11.190(f)(1)(B) by rejecting orders beginning at the start of the Pre-Market Session, and will not conduct an Opening Match in such security. Accordingly, in such cases, the Opening Process will conclude with IEX opening the Regular Market Session without an Opening Match, and trading will begin upon receipt of the first Order Collar Reference Price for the security.

    Under proposed Rule 11.231(c)(2), if both an Away Protected Bid and Away Protected Offer exists (i.e., a two-sided market) the price of the Opening Match (“Opening Match Price”) will be the price that maximizes the number of shares of Cross Eligible Orders to be executed. If more than one price exists that maximizes the number of shares of Cross Eligible Orders to be executed, the Opening Match shall occur at the entered price at which shares will remain unexecuted in the match (i.e., the price of the most aggressive unexecuted order). If Cross Eligible Order shares are maximized and left unexecuted at more than one price, the Opening Match shall occur at the price that minimizes the distance from the Cross Tie Breaker (i.e., the price at or higher than the most aggressive unexecuted buy order and at or lower than the most aggressive unexecuted sell order that is closest or equal to the Cross Tie Breaker). Lastly, if the Opening Match Price established pursuant to the procedures above is below (above) the lower (upper) threshold price of the Cross Price Constraint, the Opening Match shall occur at the lower (upper) threshold price of the Cross Price Constraint.

    The following examples are designed to illustrate the process for determining the Opening Match Price in a two-sided market, as described above. Each example below assumes the Away Protected NBB is $10.09, the Away Protected NBO is $10.11, and the last trade price that qualified as an Order Collar Reference Price was $10.10:

    Example 1

    ○ The Cross Book includes the following orders:

    Limit order to buy 1,500 shares with a limit price of $10.10; and

    Limit order to sell 1,000 shares with a limit price of $10.10.

    ○ Shares are maximized at $10.10; therefore

    1,000 shares would execute at the Opening Match Price of $10.10.

    Example 2

    ○ The Cross Book contains the following orders:

    Limit order to buy 1,500 shares with a limit price of $10.10; and

    Market order to sell 1,000 shares.

    ○ Shares are maximized at each price at and between the lower threshold of the Cross Price Constraint (i.e., $10.09) and $10.10;

    ○ The price at which shares will remain unexecuted in the auction is $10.10; 8 therefore

    8 Note, while shares are maximized at and between the lower threshold of the Cross Price Constraint ($10.09) and $10.10, the entered price at which shares will remain unexecuted in the auction is $10.10, as $10.10 is the resting price of the most aggressive order where shares remain unexecuted.

    1,000 shares would execute at the Opening Match Price of $10.10.

    Example 3

    ○ The Cross Book contains the following orders:

    Limit order to buy 2,000 shares with a limit price of $10.11;

    Limit order to sell 2,000 shares with a limit price of $10.09.

    ○ The Continuous Book contains the following orders:

    Displayed limit order to buy 500 shares with a limit price of $10.09;

    Displayed limit order to sell 600 shares with a limit price of $10.11.

    ○ Shares are maximized at each price at or between $10.09 and $10.11;

    ○ The range of prices at or between the prices at which shares will remain unexecuted in the auction is $10.09 and $10.11;

    ○ Because a range of prices exist after evaluating the prior two conditions (i.e., an auction price range), the price closest to the Cross Tie Breaker (i.e., the last trade price that qualified as an Order Collar Reference Price) within the auction price range is $10.10; therefore

    2,000 shares would execute at the Opening Match Price of $10.10.

    Example 4

    ○ The Cross Book contains the following orders:

    Limit order to buy 2,000 shares with a limit price of $10.08;

    Limit order to sell 2,000 shares with a limit price of $10.08.

    ○ The Continuous Book contains the following orders:

    Displayed limit order to buy 500 shares with a limit price of $10.09;

    Displayed limit order to sell 600 shares with a limit price of $10.11.

    ○ Shares are maximized at $10.08, however $10.08 is below the lower threshold of the Cross Price Constraint (i.e., $10.09); therefore

    500 shares would execute at the Opening Match Price of $10.09.

    The following examples are designed to illustrate the process for determining the Opening Match Price and the proposed execution priority including non-displayed orders on the Cross Book in two-sided market, as described above. Each example below assumes the Away Protected NBB is $20.19, the Away Protected NBO is $20.21, and the last trade price that qualified as an Order Collar Reference Price was $20.20:

    Example 1

    ○ The Cross Book includes the following orders:

    Midpoint Peg order to buy 2,500 shares with a resting price of $20.20.

    Limit order to buy 500 shares with a limit price of $20.18; and

    Limit order to sell 2,000 shares with a limit price of $20.18.

    ○ For purposes of determining the Opening Match Price, the Midpoint Peg order is priced at its resting price ($20.20);

    ○ Accordingly, shares are maximized between $20.18 and $20.20, and the price at which shares are left unexecuted within such range, is $20.20; therefore

    2,000 shares would execute at the Opening Match Price of $20.20;

    • The Midpoint Peg buy order would receive an execution of 2,000 shares and the remaining 500 shares remain booked at the midpoint of the NBBO;

    • The limit sell order would receive an execution of 2,000 shares, and thus be fully filled; and

    • The limit buy order would not receive an execution, because the limit sell order is fully filled after matching with the Midpoint Peg buy order with superior priority. The entire limit buy order is booked at the $20.18.

    Example 2

    ○ The Cross Book includes the following orders:

    Primary Peg order to buy 2,500 shares with a resting price of $20.18, and limit price of $20.20;

    Limit order to buy 500 shares with a limit price of $20.19; and

    Displayed limit order to sell 2,000 shares with a limit price of 20.19.

    ○ For purposes of determining the Opening Match Price, the Primary Peg order is priced at its resting price ($20.18); the Primary Peg order is eligible exercise price discretion up to the Opening Match Price, so long as the match price is at or below the less aggressive of the NBB or the order's limit price;

    ○ Accordingly, shares are maximized at $20.19; therefore

    2,000 shares would execute at the Opening Match Price of $20.19;

    • The limit buy order would receive an execution of 500 shares;

    • Assuming IEX has determined the quote to be stable pursuant to IEX Rule 11.190(g), the Primary Peg buy order would exercise discretion up to the Opening Match Price and receive an execution of 1,500 shares; the remaining 1,000 shares remain booked at $20.18; and

    • Assuming IEX has determined the quote to be stable pursuant to IEX Rule 11.190(g), the limit sell order would receive an execution of 2,000 shares. If IEX has determined the quote to be unstable pursuant to IEX Rule 11.190(g), the limit sell order would receive an execution of 500 shares and the remaining 1,500 shares would post, in accordance with the display-price sliding behavior, 1 MPV above the NBB at $20.20.

    Example 3

    ○ The Cross Book includes the following orders:

    Midpoint Peg order to buy 2,500 shares with a resting price of $20.20.

    Displayed limit order to buy 500 shares with a limit price of $20.20; and

    Limit order to sell 2,000 shares with a limit price of $20.20.

    ○ For purposes of determining the Opening Match Price, the Midpoint Peg order is priced at its resting price ($20.20);

    ○ Accordingly, shares are maximized at $20.20; therefore

    2,000 shares would execute at the Opening Match Price of $20.20;

    • The limit buy order would receive an execution of 500 shares;

    • The Midpoint Peg buy order would receive an execution of 1,500 shares; and

    • The limit sell order would receive an execution of 2,000 shares.

    Example 4

    ○ The Cross Book includes the following orders:

    Discretionary Peg order to buy 2,500 shares with a resting price of $20.19, and limit price of $20.21;

    Limit order to buy 500 shares with a limit price of $20.20; and

    Limit order to sell 2,000 shares with a limit price of $20.20.

    ○ For purposes of determining the Opening Match Price, the Discretionary Peg order is priced at its resting price ($20.19); the Discretionary Peg order is eligible exercise price discretion up to the Opening Match Price, so long as the match price is at or below the less aggressive of the midpoint of the NBBO or the order's limit price.

    ○ Accordingly, shares are maximized at $20.20; therefore

    2,000 shares would execute at the Opening Match Price of $20.20;

    • The limit buy order would receive an execution of 500 shares;

    • Assuming IEX has determined the quote to be stable pursuant to IEX Rule 11.190(g), the Discretionary Peg buy order would exercise discretion up to the Opening Match Price and receive an execution of 1,500 shares; and

    • Assuming IEX has determined the quote to be stable pursuant to IEX Rule 11.190(g), the limit sell order would receive an execution of 2,000 shares. If IEX has determined the quote to be unstable pursuant to IEX Rule 11.190(g), the limit sell order would receive an execution of 500 shares and the remaining 1,500 shares would post at $20.20.

    Under proposed Rule 11.231(c)(3), if there is a lack of an Away Protected Bid and/or Away Protected Offer (i.e., a one-sided, or zero-sided market) the Opening Match Price will be the price of the Cross Tie Breaker. If the price of the Cross Tie Breaker is below (above) the lower (upper) threshold price of the Cross Price Constraint, the Opening Match shall occur at the lower (upper) threshold price of the Cross Price Constraint.9

    9 In a one-sided market where there is no Away Protected NBB or no Away Protected NBO, the Cross Tie Breaker is compared to the available threshold price of the Cross Price Constraint (i.e., the Opening Match Price will be at or above the lower threshold price, or at or below the upper threshold price of the Cross Price Constraint, as applicable). In a zero-sided market, the Opening Match Price will be the Cross Tie Breaker.

    The following examples are designed to illustrate the process for determining the Opening Match Price in a one-sided or zero-sided market as described above. Each example below assumes the last trade price that qualified as an Order Collar Reference Price was $10.10:

    Example 1

    ○ Away Protected NBB is $10.09;

    ○ The Cross Book includes the following orders:

    Limit order to buy 1,500 shares with a limit price of $10.11; and

    Limit order to sell 1,000 shares with a limit price of $10.09.

    ○ The Cross Tie Breaker is $10.10 and such price is above the lower threshold of the Cross Price Constraint (i.e., $10.09); 10 therefore

    10 Note, there is no upper threshold price of the Cross Price Constraint because there is no Away Protected NBO, and therefore the Cross Tie Breaker of $10.10 is compared to the available lower threshold price of the Cross Price Constraint ($10.09).

    1,000 shares would execute at the Opening Match Price of $10.10.

    Example 2

    ○ Away Protected NBB is $10.11;

    ○ The Cross Book includes the following orders:

    Limit order to buy 1,500 shares with a limit price of $10.11; and

    Limit order to sell 1,000 shares with a limit price of $10.09.

    ○ The Cross Tie Breaker is $10.10 however such price is below the lower threshold of the Cross Price Constraint (i.e., $10.11); therefore

    1,000 shares would execute at the Opening Match Price of $10.11.

    Example 3

    ○ There is neither an Away Protected NBB nor an Away Protected NBO;

    ○ The Cross Book includes the following orders:

    Limit order to buy 1,500 shares with a limit price of $10.11; and

    Limit order to sell 1,000 shares with a limit price of $10.09.

    ○ The Cross Tie Breaker is $10.10; 11 therefore

    11 Note, there is neither an upper threshold price nor a lower threshold price of the Cross Price Constraint because there are no away protected quotations.

    1,000 shares would execute at the Opening Match Price of $10.10.

    Proposed Rule 11.231(e) provides that if a security is subject to a halt, suspension, or pause in trading during the Pre-Market Session, the Exchange will not accept orders in the security for continuous trading, or for queuing and participation in the Opening Process. Pursuant to IEX Rule 11.271, any order submitted during a halt will be rejected by the System. Any orders resting on the Order Book at the time of a trading halt will not be canceled by the System, and will be unavailable for trading or re-sweep during the trading halt, but will be available for cancelation by the submitting User. Orders that were submitted prior to the halt, suspension, or pause in trading that joined the Cross Book or the Continuous Book will remain on the Cross Book or the Continuous Book unless canceled by the User. If the halt, suspension, or pause remains in effect at the start of the Regular Market Hours, the Opening Process will not occur at the normally scheduled time. Instead, once the security resumes trading, the Exchange will conduct the Opening Process, as described in proposed Rule 11.231(b) and (c), including all Cross Eligible Orders that remain on the Cross Book and the Continuous Book. Following the conclusion of the Opening Process, the Exchange will accept and execute orders as usual in accordance with prevailing market session rules.

    In the event of a disruption that prevents the execution of the Opening Process, Rule 11.231(d) provides for Opening Process Contingency Procedures designed to allow for timely and orderly opening of non-IEX-listed securities. As proposed, rather than matching orders at the Opening Match Price as described in Rule 11.231(c), IEX will publicly announce that no Opening Process will occur.12 All orders on the Order Book will be canceled, and IEX will open the security for trading without an Opening Match.

    12 Note, the Exchange intends to disseminate a System Status Alert to publicly announce that no Opening Process will occur, which automatically publishes an email alert, twitter update, and text message to all persons registered to receive such alerts, as well as publishing to the IEX public Web site. To register for System Status Alerts, visit https://www.iextrading.com/status/#/.

    Lastly, proposed Rule 11.231(f) states that for purposes of Rule 611(b)(3) of Regulation NMS, and section VI(D)(6) of the Plan to Implement a Tick Size Pilot Program, orders executed in the Opening Process shall constitute a single-priced opening transaction by the Exchange and may trade-through or trade-at the price of any other Trading Center's Manual or Protected Quotations. Each of the orders executed in the Opening Process are by definition a single priced opening or re-opening transaction, and therefore meet the letter and spirit of Rule 611(B)(3) of Regulation NMS and section VI(D)(6) of the plan to Implement a Tick Size Pilot Program, consistent with the protection of investors and the public interest.

    Implementation

    The Exchange plans to implement the proposed changes during the second quarter of 2017 pending completion of necessary technology changes and subject to Commission approval. The Exchange will announce the implementation date of the proposed changes by Trader Alert at least 10 business days in advance of such implementation date and within 90 days of approval of this proposed rule change.

    2. Statutory Basis

    IEX believes that the proposed rule change is consistent with Section 6(b) of the Act 13 in general, and furthers the objectives of Section 6(b)(5) of the Act,14 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. Specifically, the Exchange believes that the proposal is consistent with the protection of investors and the public interest in that the price discovery mechanism utilized to determine the Opening Match Price under proposed Rule 11.231(c) will provide the greatest opportunity to match buy and sell orders at a price that is reflective of market conditions for the security, while also providing for orderly and timely openings of non-IEX-listed securities.

    13 15 U.S.C. 78f.

    14 15 U.S.C. 78f(b)(5).

    Specifically, the Exchange believes that constraining the Opening Match Price to prices at or between the Away Protected NBB and Away Protected NBO is designed to respect the fact that much of the liquidity seeking execution at the start of Regular Market Hours is aggregated at the primary market center. Therefore, including the quotations of the primary market (along with those of all other protected markets) for purposes of pricing the Opening Match is designed to provide the greatest opportunity to match buy and sell orders at a price that is reflective of the market for the security, in furtherance of the perfection of a free and open market and a national market system, and consistent with the protection of investors and the public interest. The Exchange notes that as proposed, the Cross Price Constraint will not include IEX's protected quotations when determining the upper and lower threshold prices within which the Opening Match must occur, because the inclusion of such quotes may unnecessarily constrain the prices at which the Opening Match may occur, needlessly restricting price discovery in the Opening Process when the Opening Match would maximize shares traded at a price beyond the IEX best bid (offer) but within the Away Protected NBB (NBO). However, shares that comprise protected quotations on IEX would necessarily be included in the Opening Process pursuant to proposed Rule 11.220(a)(2) regarding priority. Accordingly, the Exchange believes that excluding IEX's protected quotations is consistent with the protection of investors and the public interest, in that it is designed to allow for robust price discovery to occur at or within the prices which best reflect the broader market for the security.

    The Exchange believes that not supporting AGID modifiers in the Opening Process is consistent with the protection of investors and the public interest because within the context of the Opening Match process, counterparties are not considered; only the aggregate available volume for execution is considered. It is illogical to cancel an order that happens to be allocated an execution against an order entered using the same MPID, because both orders execute at the exact same price to the exact same effect where the orders happen to execute against orders of a different MPID. Furthermore, the Exchange believes that supporting AGID modifiers and including Minimum Quantity orders in the Opening Process would introduce additional technical complexities to the Opening Process, and the Exchange believes providing simplicity in this regard is in the interest of the protection of investors and the public interest.15

    15 The Exchange notes that Bats BZX Exchange, Inc (“Bats”) does not support broker self-match restrictions in their opening process for non-listed securities. See Bats Rule 11.24(b), which states that all MTP modifiers, as defined in Bats Rule 11.9(f), will be ignored as it relates to executions occurring as part of the Bats opening match process.

    The Exchange notes that the proposed handling of Minimum Quantity orders in the Opening Process is distinct from the proposed handling of such orders in the Opening Auction for IEX-listed securities pursuant to proposed Rule 11.350(c).16 Specifically, in the case of an Opening Auction for an IEX-listed security pursuant to proposed Rule 11.350(c)(2)(C), Minimum Quantity orders are eligible for execution in the auction, but the minimum quantity instructions will not be supported, although it will be enforced on all unexecuted shares released for continuous trading following the Opening Auction match. Conversely, for the Opening Process for non-IEX-listed securities, Minimum Quantity orders are not eligible for execution in the Opening Process. The Exchange believes the Opening Process will yield small execution sizes in comparison the size of an Opening Auction. Accordingly, the Exchange does not believe that including Minimum Quantity orders but not supporting the instruction is an effective approach for handling such orders because the Opening Match is likely to result in more executions that are smaller than an order's minimum quantity instruction. Accordingly, the Exchange believes that the proposed functionality regarding Minimum Quantity orders is consistent with the protection of investors and the public interest.

    16See proposed Rule 11.350(c)(2)(C) in SR-IEX-2017-10 available at https://www.iextrading.com/regulation/rule-filings/.

    Furthermore, the Exchange believes that the proposed changes to Rule 11.220(a)(2) regarding the priority of orders eligible to execute in the proposed Opening Process is consistent with the protection of investors and the public interest because the proposed Opening Process priority is designed to create continuity between the priority rules applied during continuous trading and in the Opening Process. Specifically, identical to the Pre-Market, Regular Market, and Post Market Sessions, the Exchange is proposing to apply price—display—time priority for purpose of ranking and maintaining orders eligible to execute in the proposed Opening Process. Furthermore, the Exchange notes that the proposed priority for the Opening Process is substantially similar to the priority of the opening processes for non-listed securities on NYSE Arca, Inc. (“NYSE Arca”) and the Nasdaq Stock Market (“Nasdaq”).17

    17See, e.g., Nasdaq Rule 4752(d)(3)(A)-(D), and NYSE Arca Rule 7.35(a)(6) and 7.35(c)(4), describing priority for the opening auction.

    The Exchange believes that allowing primary peg, midpoint peg and Discretionary Peg orders to participate in the proposed Opening Process is designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanisms of a free and open market and a national market system, and protect investors and the public interest. Specifically, as proposed, primary peg, midpoint peg, and Discretionary Peg orders as set forth in Rules 11.190(b)(8), 11.190(b)(9), and 11.190(b)(10), respectively, would be ranked and eligible for execution in the Opening Process at their resting price. As proposed, primary peg and Discretionary Peg orders would have the ability to exercise price discretion to execute at the Opening Match Price. When primary peg and Discretionary Peg orders exercise discretion to execute at the Opening Match Price, such orders are prioritized behind all other non-displayed interest at the Opening Match Price; if multiple orders exercise discretion, they maintain their relative time priority at the Opening Match Price. Primary peg orders may exercise price discretion up (down) to the Opening Match Price, subject to the less aggressive of the NBB (NBO) or the order's limit price, if any, except during periods of quote instability, as defined in IEX Rule 11.190(g). Discretionary Peg orders may exercise price discretion up (down) to the Opening Match Price, subject to the less aggressive of the Midpoint Price or the order's limit price, if any, except during periods of quote instability, as defined in IEX Rule 11.190(g). The Exchange believes that inclusion of such orders is designed to maximize the liquidity available for execution in the Opening Process, thereby facilitating price discovery and a more orderly opening.

    As proposed, primary peg, midpoint peg, and Discretionary Peg orders participate in the Opening Process in a manner that is fundamentally substantially similar to the behavior of such orders during continuous trading. Specifically, the manner in which such orders are eligible for execution in the Opening Process are functionally identical to their eligibility for execution during continuous trading. For example, a resting Discretionary Peg order would exercise discretion up (down) to the less aggressive of the Midpoint Price or the order's limit price to interact with an incoming spread crossing order. Similarly, in the Opening Process, a Discretionary Peg order would exercise discretion up (down) to the Opening Match Price, subject to the less aggressive of the Midpoint Price, or the order's limit price to interact contra-side liquidity in the Opening Process. Accordingly, inclusion of such orders would be in accord with existing functionality already approved by the Commission in connection with its grant of IEX's application for registration as a national securities exchange under Sections 6 and 19 of the Act, wherein the Commission specifically found IEX's order type rules to be consistent with the Act and, in particular, the Section 6(b)(5) requirement that the Exchange's rules be designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanisms of a free and open market and a national market system, and protect investors and the public interest.18 Accordingly, the Exchange does not believe that allowing these orders to participate in the proposed Opening Process in accordance with their current functionality raises any new or novel issues that have not already been considered by the Commission, and is thus consistent with the protection of investors and the public interest.

    18See Securities Exchange Act Release No. 34-78101 at 47 (June 17, 2016), 81 FR 41142 (June 23, 2016) (File No. 10-222).

    The Exchange also believes that the proposal is designed to remove impediments to and perfect the mechanism of a free and open market and a national market system, and in general, to protect investors and the public interest, because proposed Rule 11.231(d) sets forth an opening process contingency procedure, which provides a clear and transparent process designed to provide a means for trading in a non-IEX-listed security to open in an orderly and timely manner even after a disruption has prevented the execution of the Opening Process. Furthermore, the Exchange believes that proposed Rule 11.231(e) is designed to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest in that the Exchange would conduct the Opening Process for non-IEX-listed securities that were subject to and remained in a halt, suspension, or pause in trading at the commencement of the Opening Process, while still allowing Users to cancel any queued interest prior to the commencement of the Opening Process. Applying the proposed Opening Process for securities that open after the start of Regular Market Hours as a result of a halt, suspension, or pause in trading provides the greatest opportunity to match buy and sell orders at a price that is reflective of market conditions for the security, while also providing for orderly and timely openings of non-IEX-listed securities, and creating uniformity among all non-IEX-listed securities by applying a consistent approach to open trading on IEX in such securities.

    In addition, the Exchange believes that allowing market orders with a time-in-force of DAY to be entered into the System for queueing in the Pre-Market session while also allowing such orders to participate in the Opening Process provides Users with greater control and flexibility with respect to entering orders, and may simplify the order entry process for Users. In this regard, Users are able to enter orders that will either queue on the Cross Book for participation in the Opening Process, or are eligible for execution in the Pre-Market Session prior to participating in the Opening Process, which removes impediments to a free and open market and benefits all Users of the Exchange. In addition, the Exchange believes that its proposal to make a minor conforming change to the language used in reference to the LULD Price Bands in Rule 11.190(a)(1)(2) [sic] in order to conform the reference to the language used throughout the Exchange's rules is consistent with the protection of investors and the public interest because it is designed to provide consistency and clarity in the Exchange's rules, which benefits all market participants.

    The Exchange is not proposing to disseminate indicative pricing or imbalance information relating to the Opening Process. The Exchange is not proposing to disseminate indicative pricing or imbalance information prior to the Opening Process because the Exchange is not trying to establish equilibrium in order to determine the official opening price of the security. Rather, the Opening Process is designed to efficiently resolve the queue of orders awaiting the Regular Market Session at a fair price, that reflects the broader market for the security. Accordingly, the Exchange believes that not providing indicative pricing or imbalance information related to the Opening Process is consistent with the protection of investors and the public interest.19

    19 The Exchange notes that Bats does not provide indicative pricing or imbalance information for its process for opening non-listed securities pursuant to Bats Rule 11.24.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that the proposed Opening Process is designed to promote fair competition among brokers and dealers and among exchange markets by offering an Opening Process that competes with existing opening processes for non-listed securities offered by IEX's competitors, thereby promoting intermarket competition between exchanges in furtherance of the principles of Section 11A(a)(1).20

    20 15 U.S.C. 78k-1(a)(1).

    With respect to intramarket competition, the proposed Opening Process will apply equally to all non-IEX-listed securities, and all Members and market participants that send orders to IEX through Members. Members are permitted to enter any type of Cross Eligible Order and there are no privileged participants who receive enhanced priority, or have access to special order types. Consequently, IEX does not believe that the proposal will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Within 45 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission shall: (a) By order approve or disapprove such proposed rule change, or (b) institute proceedings to determine whether the proposed rule change should be disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

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

    • Send an email to [email protected] Please include File Number SR-IEX-2017-11 on the subject line.

    Paper Comments

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

    All submissions should refer to File Number SR-IEX-2017-11. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-IEX-2017-11, and should be submitted on or before May 19, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.21

    21 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-08575 Filed 4-27-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80511] Order Granting Petition for Review and Scheduling Filing of Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an Order Disapproving a Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To List and Trade Shares Issued by the Winklevoss Bitcoin Trust April 24, 2017.

    This matter comes before the Securities and Exchange Commission (“Commission”) on petition to review the disapproval, through delegated authority, of the Bats BZX Exchange, Inc. (“BZX”) proposed rule change to list and trade shares of the Winklevoss Bitcoin Trust as Commodity-Based Trust Shares under BZX Rule 14.11(e)(4).

    On July 8, 2016, the Commission issued a notice of filing of the proposed rule change filed with the Commission pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) 1 and Rule 19b-4 2 thereunder.3 On August 23, 2016, the Commission designated a longer time period within which to act on the proposed rule change.4 On October 12, 2016, the Commission instituted proceedings under Section 19(b)(2)(B) of the Exchange Act 5 to determine whether to approve or disapprove the proposed rule change.6 On January 4, 2017, the Commission designated a longer period for Commission action on the proposed rule change.7 After consideration of the record in the proposed rule change, the Division of Trading and Markets (“Division”), pursuant to delegated authority,8 issued an order disapproving the proposed rule change (“Disapproval Order”) on March 10, 2017.9

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3Notice of Filing of a Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 78262 (July 8, 2016), 81 FR 45554 (July 14, 2016).

    4Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 78653 (August 23, 2016), 81 FR 59256 (August 29, 2016).

    5 15 U.S.C. 78s(b)(2)(B).

    6Order Instituting Proceedings to Determine Whether to Approve or Disapprove a Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 79084 (October 12, 2016), 81 FR 71778 (October 18, 2016). On October 20, 2016, BZX filed Amendment No. 1 to the proposed rule change, replacing the original filing in its entirety. See Exchange Act Release No. 79183 (October 28, 2016), 81 FR 76650 (November 3, 2016).

    7Notice of Designation of a Longer Period for Commission Action on Proceedings to Determine Whether to Approve or Disapprove a Proposed Rule Change, as Modified by Amendment No. 1, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 79725 (January 4, 2017), 82 FR 2425 (January 9, 2017). On February 22, 2017, BZX filed Amendment No. 2 to the proposed rule change, which did not materially alter the substance of the proposed rule change. Amendment No. 2 is available on the Commission's Web site at https://www.sec.gov/comments/sr-batsbzx-2016-30/batsbzx201630-1594698-132357.pdf.

    8 17 CFR 200.30-3(a)(12).

    9Order Disapproving a Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule 14.1(e)(4), Commodity-Based Trust Shares, to List and Trade Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 80206 (March 10, 2017), 82 FR 14076 (March 16, 2017).

    On March 24, 2017, pursuant to Rule 430 of the Rules of Practice,10 BZX filed a petition for review of the Disapproval Order. Pursuant to Rule 431 of the Rules of Practice,11 BZX's petition for review of the Disapproval Order is granted. Further, the Commission hereby establishes that any party to the action or other person may file a written statement in support of or in opposition to the Disapproval Order on or before May 15, 2017.

    10 17 CFR 201.430.

    11 17 CFR 201.431.

    For the reasons stated above, it is hereby:

    Ordered that the petition of BZX for review of the Division's action to disapprove the proposed rule change by delegated authority be granted; and

    It is further ordered that any party or other person may file a statement in support of or in opposition to the action made pursuant to delegated authority on or before May 15, 2017.

    The order disapproving such proposed rule change shall remain in effect.

    By the Commission.

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-08565 Filed 4-27-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80517; File No. SR-FICC-2017-010] Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing of Proposed Rule Change To Amend the Mortgage-Backed Securities Division Rules Concerning Use of Clearing Fund for Losses, Liabilities or Temporary Needs for Funds Incident to the Clearance and Settlement Business and Make Other Related Changes April 24, 2017.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 notice is hereby given that on April 11, 2017, Fixed Income Clearing Corporation (“FICC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the clearing agency. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change

    The proposed rule change consists of modifications to the Mortgage-Backed Securities Division (“MBSD”) Clearing Rules (“MBSD Rules”) 3 of FICC. Specifically, FICC proposes to amend Section 5 of MBSD Rule 4 to (i) delete language that would potentially limit FICC's access to MBSD Clearing Fund cash and collateral to address losses, liabilities, or temporary needs for funds incident to its clearance and settlement business and (ii) make additional changes to correct grammar errors, delete superfluous words and otherwise align the text of Section 5 of MBSD Rule 4 to the text of Section 5 of Rule 4 of FICC's Government Securities Division (“GSD”) Rulebook (“GSD Rules”).4

    3 Capitalized terms used herein and not otherwise defined shall have the meaning assigned to such terms in the MBSD Rules, available at www.dtcc.com/legal/rules-and-procedures.aspx.

    4See Rule 4 in the GSD Rules, available at www.dtcc.com/legal/rules-and-procedures.aspx. Capitalized terms used herein specifically with respect to GSD and not otherwise defined shall have the meaning assigned to such terms in the GSD Rules.

    II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The clearing agency has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    (A) Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The proposed rule change would (i) delete language that would potentially limit FICC's access to MBSD Clearing Fund cash and collateral to address losses, liabilities or temporary needs for funds incident to its clearance and settlement business and (ii) make additional changes to correct grammar errors, delete superfluous words, and otherwise align the text of Section 5 of MBSD Rule 4 to the text of Section 5 of GSD Rule 4.

    Section 5 of MBSD Rule 4 (the “Rule” or the “MBSD Rule” as used herein) describes the purposes for which FICC may use MBSD Clearing Fund deposits. The Rule is based on the parallel Section 5 of GSD Rule 4. The Rule describes the use of Clearing Fund deposits both to satisfy “losses or liabilities of the Corporation” and as collateral.5 The first category is further divided between losses or liabilities “arising from the failure of a Defaulting Member” 6 and those “otherwise incident to the clearance and settlement business of the Corporation with respect to losses or liabilities to meet unexpected or unusual requirements for funds that represent a small percentage of the Clearing Fund.” 7 The second category refers to Clearing Fund deposits serving as collateral (i) to meet FICC's temporary financing needs, (ii) to ensure Members' satisfaction of settlement obligations, and (iii) “to meet unexpected or unusual requirements for funds that represent a small percentage of the Clearing Fund.” 8

    5 MBSD Rule 4, Section 5.

    6 This category of losses or liabilities also includes those relating to failures relating to Cross-Guaranty Agreements, discussion of which is omitted herein for simplicity. Id.

    7Id. (Emphasis added.)

    8Id. (Emphasis added.)

    Section 5 of GSD Rule 4 reflects the same two-part construction but does not contain the limiting language relating to “unexpected or unusual requirements for funds.” 9 This limiting language was approved and became effective in 2012 when FICC introduced central counterparty and guaranteed settlement services for MBSD, at which time the entirety of the MBSD Rules were updated and replaced.10 Neither FICC's proposal nor the Commission's approval order describes the purpose of the limiting language.11

    9 GSD Rule 4, Section 5.

    10See Securities Exchange Act Release No. 66550 (March 9, 2012), 77 FR 15155 (March 14, 2012) (SR-FICC-2008-01) (the “FICC CCP Approval Order”) at 15155.

    11See Securities Exchange Act Release No. 65899 (Dec. 6, 2011), 76 FR 77287 (Dec. 12, 2011) (SR-FICC-2008-01) (proposed rule change) and FICC CCP Approval Order, id.

    The language appears to have been drawn from the Commission's publication in 1980 of standards for the Commission's Division of Market Regulation (the “Division”) to employ in connection with the registration of clearing agencies.12 In the 1980 Standards Release, the Division stated, in relevant part, that a clearing agency “should have a clearing fund which . . . is limited in the purposes for which it may be used.” 13 The Division further stated that “the rules of the clearing agency should limit the purposes for which the clearing fund may be used to protecting participants and the clearing agency (i) from the defaults of participants and (ii) from clearing agency losses (not including day-to-day operating expenses) such as losses of securities not covered by insurance or other resources of the clearing agency.” 14 The Division observed that some commenters opposed the limitation contained in clause (ii) on grounds that it could limit a clearing agency's access to its clearing fund in the event of a temporary need to cover an operating funds shortfall while a fee increase was being implemented or a temporary need to cover a delay in payment by a participant due to circumstances beyond the participant's control.15 The Division noted that the commenter expressed concern that the clearing agency not be forced into insolvency in such circumstances.16 The Division stated that it “appreciate[ed] a clearing agency's possible need for temporary applications of a clearing fund in limited amounts to meet unexpected or unusual requirements for funds,” but noted that “regular or substantial use of a clearing fund for such purposes, however, would be inappropriate.” 17

    12See Securities Exchange Act Release No. 16900 (June 17, 1980), 45 FR 41920 (June 23, 1980) (the “1980 Standards Release”).

    13Id. at 41929.

    14Id. (Emphasis added.)

    15See id.

    16See id.

    17Id.

    At the time that the Commission published the 1980 Standards Release, clearing agencies operated in a very different manner from how FICC operates today. Clearing agencies were not, for example, subject to requirements with respect to maintaining any particular amount of operating capital.18 Against this background, it is understandable that the Division could have deemed the temporary access by a clearing agency to a limited amount of its clearing fund to cover operating expense shortfalls to be acceptable.

    18 The 1980 Standards Release does not include specific financial requirements for clearing agencies. The Division stated that clearing agencies should provide financial statements to their participants on a periodic basis and that clearing agencies should plan for contingencies including (in relevant part) loss of funds, with respect to which the Division advised that clearing agencies should maintain adequate insurance. See id. at 41926-27 and 41929.

    FICC is now subject to substantially enhanced requirements. On September 28, 2016, the Commission adopted amendments to Rule 17Ad-22 under the Act, including the addition of new section 17Ad-22(e), which specifies enhanced standards for covered clearing agencies.19 The new and enhanced standards specified in Rule 17Ad-22(e) require, among other things, that FICC “establish, implement, maintain and enforce written policies and procedures reasonably designed to . . . maintain a sound risk management framework for comprehensively managing legal, credit, liquidity, operational, general business, investment, custody, and other risks that arise in or are borne by” FICC, including “plans for the recovery . . . of [FICC] necessitated by credit losses, liquidity shortfalls, losses from general business risk, or any other losses.” 20 Rule 17Ad-22(e) also requires FICC to maintain policies and procedures reasonably designed to “[i]dentify, monitor, and manage [its] general business risk and hold sufficient liquid net assets funded by equity to cover potential general business losses so that [it] can continue operations and services as a going concern if those losses materialize.” 21 The above requirement includes the requirement that FICC maintain “a viable plan . . . for raising additional equity should its equity fall below the amount required [to satisfy its operating capital requirement].” 22

    19See Securities Exchange Act Release No. 78961 (September 28, 2016), 81 FR 70786 (October 13, 2016) (S7-03-14) (the “Covered Clearing Agency Standards Release”). FICC is a “covered clearing agency” as defined in Rule 17Ad-22(a)(5) and must comply with the new section (e) of Rule 17Ad-22 by April 11, 2017.

    20 17 CFR 240.17Ad-22(e)(3).

    21 17 CFR 240.17Ad-22(e)(15). The capital requirement set forth in Rule 17Ad-22(e)(15) is equal to, at a minimum, six months of FICC's current operating expenses. 17 CFR 240.17Ad-22(e)(15)(ii).

    22 17 CFR 240.17Ad-22(e)(15)(iii).

    FICC proposes to delete the language in Section 5 of MBSD Rule 4 that limits certain uses by FICC of the MBSD Clearing Fund to “unexpected or unusual” requirements for funds that represent a “small percentage” of the MBSD Clearing Fund because (i) the first instance of the limiting language could impair FICC's access to the MBSD Clearing Fund as one tool (among many) that FICC could employ in order to manage non-default risks, so that it can withstand or recover from such risks and continue operations and services as a going concern while implementing its viable plan for raising additional capital, and (ii) the effect of the second instance of the limiting language is confusing and unclear.

    Although, as noted above, FICC's original objective in including the limiting language when it revised the MBSD Rules is not clear, the comments described in the 1980 Standards Release suggests two examples for which such language could have been intended: (i) Limiting FICC's use of the MBSD Clearing Fund should an MBSD member experience an operational problem that caused a temporary delay in payment and (ii) limiting FICC's use of the MBSD Clearing Fund should FICC suffer an operating funds shortfall to the point that FICC's viability as a going concern became temporarily impaired.23

    23See 1980 Standards Release, supra note 12, at 41929.

    The first example, however, is inconsistent with FICC's broad and unlimited access to the MBSD Clearing Fund to satisfy “losses or liabilities . . . arising from the failure of a Defaulting Member . . .” and to use Clearing Fund deposits as collateral “to meet its temporary financing needs” with respect to securities settlement.24 Additionally, FICC believes that both examples would represent a misreading of the objective of this discussion in the 1980 Standards Release, in which the Division stated that a clearing agency's rules should provide that it may access its clearing fund to cover clearing agency losses, in addition to losses caused by a participant default, in an unrestricted manner “but not including day-to-day operating expenses.” 25 In other words, it appears that the Division believed, at the time when the 1980 Standards Release was published, that a clearing agency should be permitted to access its clearing fund on a temporary basis to cover even short-term day-to-day operating losses if such use was necessary to avoid “going out of business” and such use was neither “regular” nor “substantial.” 26 FICC notes that it would be extraordinarily unlikely for it to access the MBSD Clearing Fund for such a purpose at the present time, because, as noted above, FICC is now subject to a requirement that it hold, at a minimum, capital equal to six months of operating expenses.27 To summarize, the limiting language as currently included in the Rule would not be effective to limit FICC's use of the MBSD Clearing Fund to address a temporary operational issue that caused a delay in payment by a participant, nor does FICC believe such limitation would have been intended. While the language would be effective to limit to small amounts FICC's access to MBSD Clearing Fund deposits to cover temporary shortfalls in funds needed to meet day-to-day operating expenses, the utility of such a restriction has been eliminated by the new capital requirements to which FICC is subject.

    24 MBSD Rule 4, Section 5.

    25See 1980 Standards Release, supra note 12, at 41929.

    26Id.

    27 On April 6, 2017, FICC submitted a proposed rule change to adopt a Clearing Agency Policy on Capital Requirements and a Clearing Agency Capital Replenishment Plan in connection with its compliance with Rule 17Ad-22(e)(15). See SR-FICC-2017-007 (the “FICC Capital Plan PRC”), which was filed with the Commission but has not yet been published in the Federal Register. A copy of the proposed rule change is available at http://www.dtcc.com/legal/sec-rule-filings.aspx.

    FICC is concerned, however, that the limiting language could be interpreted to prevent FICC from accessing MBSD Clearing Fund deposits as a tool to address an unexpected short-term need for funds that would allow FICC to continue operations and services as a going concern while it implements other tools available to it, because such use may be deemed to be either “satisfaction of losses or liabilities of FICC,” even if the use of deposits is temporary, or the use of deposits as collateral is to meet “temporary financing needs” (see discussion below), both of which are impacted by the limiting language in the Rule. There are many tools that are available to FICC to address such a need for funds, which tools are described in the FICC Capital Plan PRC. The tools directly available to FICC include increasing fees or decreasing expenses, and FICC's parent company, The Depository Trust & Clearing Corporation (“DTCC”),28 may also implement tools available to it to raise capital that may be contributed to FICC.29 While the FICC Capital Plan PRC does not contemplate recourse to either the GSD Clearing Fund or the MBSD Clearing Fund as a formal tool for capital replenishment, FICC believes that it would be imprudent to limit FICC's ability to employ this tool, particularly on a temporary basis, and it is clear that this was not the Division's objective when it discussed the underlying concerns in the 1980 Standards Release. Finally, FICC notes that FICC's access to GSD Clearing Fund deposits is not so limited. While FICC believes that its use of either the MBSD Clearing Fund or the GSD Clearing Fund for such purposes would be extraordinarily unlikely, the distinction between the two rules creates an appearance of inequity between MBSD Members and GSD Netting Members.

    28 DTCC operates on a shared services model with respect to FICC and its other subsidiaries. Most corporate functions are established and managed on an enterprise-wide basis pursuant to intercompany agreements.

    29See FICC Capital Plan PRC, supra note 27, at 8.

    FICC also proposes to delete the second instance of the limiting language and otherwise amend the “collateral” portion of Section 5 of MBSD Rule 4, for the reasons described above, to the extent that the second instance of the limiting language that appears in the Rule would limit FICC's ability to pledge MBSD Clearing Fund deposits that are in the form of securities in order to meet temporary financing needs for purposes otherwise permitted by the Rule as FICC proposes to amend it. Section 5 of MBSD Rule 4 states that the MBSD Clearing Fund also may be used to provide FICC

    a source of collateral both [sic] to meet its temporary financing needs (through an appropriate financing method determined by the Corporation in its sole discretion) for any financing that is obtained by the Corporation to hold securities pending settlement, to ensure the satisfaction of Members' settlement obligations and to meet unexpected or unusual requirements for funds that represent a small percentage of the Clearing Fund.30

    30 MBSD Rule 4, Section 5.

    This section of the Rule identifies that the MBSD Clearing Fund is a source of collateral for FICC to meet “temporary financing needs” (i.e., where FICC may pledge the assets as collateral to a lender to FICC) and to ensure that Members perform to FICC (i.e., where Members have pledged collateral to FICC as surety against their own default). This understanding of the construction of the Rule is clear from comparison to Section 5 of GSD Rule 4, which also uses the word “both,” but where only the temporary financing example and the member surety example follow.31 It is reasonable to believe that the second instance of the limiting language in the MBSD Rule was simply intended to make clear that, to the extent FICC was permitted to use the MBSD Clearing Fund to address a particular loss or liability “otherwise incident to the clearance and settlement business,” FICC was also permitted to use MBSD Clearing Fund deposits as collateral to address “temporary financing needs” for the same purpose. If so, the same rationale for deleting the limiting language that is described above would apply.

    31 GSD Rule 4, Section 5.

    Finally, with respect to both instances of the limiting language in the Rule, FICC is concerned that scenarios that previously may have been fairly described as generating “unexpected or unusual requirements for funds” may no longer be fairly described as “unexpected” or “unusual” given the expectations described in the Covered Clearing Agency Standards Release that covered clearing agencies contemplate and plan for such scenarios.32

    32See Covered Clearing Agency Standards Release, supra note 19, at 70810 and 70836.

    Consequently, FICC proposes to delete the limiting language in both places where it appears in MBSD Rule 4, Section 5, because the original purpose of the language is unclear, and potential applications of the limiting language may not have been intended or would not be, as a prudential matter, appropriate today. FICC also believes that, because of the uncertain intent of the language and the inherent ambiguity of terms such as “unexpected or unusual,” FICC's use of MBSD Clearing Fund deposits to address needs that are “otherwise incident to [its] clearance and settlement business” could be subject to legal challenges. FICC believes that the limiting language could impair FICC's compliance with Rule 17Ad-22(e)(3)(ii), pursuant to which FICC is preparing a recovery plan that provides for FICC's management of a broad range of risks such that it can continue to provide critical clearance and settlement operations and services even if such risks materialize.33 FICC also believes that, because of its unclear purpose and the ambiguity of its terms, the limiting language could also impair FICC's compliance with Rule 17Ad-22(e)(1), pursuant to which FICC is required to “establish, implement, maintain and enforce written policies and procedures reasonably designed to . . . [p]rovide for a well-founded, clear, transparent and enforceable legal basis for each of its activities in all relevant jurisdictions.” 34

    33 The Commission issued a temporary exemption from compliance with the recovery and wind-down plan requirements of Rule 17Ad-22(e)(3) and (e)(15) until December 31, 2017. Securities Exchange Act Release No. 80378 (April 5, 2017) (File No. S7-03-14).

    34 17 CFR 240.17Ad-22(e)(1).

    FICC also proposes to amend Section 5 of MBSD Rule 4 to make additional changes that would align the Rule to Section 5 of GSD Rule 4 (where applicable), remove superfluous words and correct grammar errors and sentence construction ambiguities in the paragraph of the Rule that FICC proposes to amend in order to delete the limiting language discussed above. The first instance of the limiting language modifies the phrase “otherwise incident to the clearance and settlement business” with the phrase “with respect to losses and liabilities to meet unexpected or unusual requirements for funds . . . .” FICC proposes that, upon deleting this phrase, “otherwise incident to the clearance and settlement business of the Corporation” would be followed immediately by “including losses and liabilities arising other than from such failure of such Member,” which would align the amended MBSD Rule to Section 5 of GSD Rule 4 but would not otherwise change the extent of FICC's authority if the limiting language was deleted. FICC also proposes to replace the word “provide” with the word “providing” because “providing” would be grammatically correct where the sentence construction is that the use of MBSD Clearing Fund deposits “shall be limited to . . . satisfaction of losses or liabilities . . . and to [providing] the Corporation with a source of collateral.” Next, FICC proposes to add to the clause referring to temporary financing needs the modifier “including, without limitation,” and delete the parenthetical modifier “(through an appropriate financing method determined by the Corporation in its sole discretion) for” that currently precedes the reference to “financing that is obtained by the Corporation to hold securities pending settlement.” This change would delete a superfluous parenthetical clause and align the amended MBSD Rule to Section 5 of GSD Rule 4. Finally, FICC proposes to delete a comma and add the word “and” before the phrase “to ensure the satisfaction of Members' settlement obligations,” because these changes would be grammatically necessary upon deletion of the second instance of the limiting language. FICC also believes it is reasonable and appropriate to align the language of Section 5 of MBSD Rule 4 to Section 5 of GSD Rule 4, because it would avoid any question whether Section 5 of MBSD Rule 4 should be interpreted differently from Section 5 of GSD Rule 4. FICC does not believe that these sections should be interpreted differently, except as necessary with respect to differences that are specific to the services and defined terminology of each division.

    2. Statutory Basis

    FICC believes that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to FICC. In particular, FICC believes that the proposed rule change is consistent with Section 17A(b)(3)(F) 35 of the Act and Rule 17Ad-22(e) under the Act,36 for the reasons described below.

    35 15 U.S.C. 78q-1(b)(3)(F).

    36 17 CFR 240.17Ad-22(e).

    Section 17A(b)(3)(F) of the Act requires, in part, that the rules of a clearing agency be designed to promote the prompt and accurate clearance and settlement of securities transactions.37 The proposed rule change would enhance FICC's prompt and accurate clearance and settlement of securities transactions because it would enhance FICC's ability to ensure that it can continue its operations and services as a going concern in the unlikely event that it would be necessary or appropriate for FICC to access MBSD Clearing Fund deposits to address losses, liabilities or temporary financing needs incident to its clearance and settlement business. Additionally, the more technical aspects of the proposed rule change would promote the prompt and accurate clearance and settlement of securities transactions by removing potentially ambiguous language, correcting grammar errors, and deleting superfluous text in Section 5 of MBSD Rule 4, which changes would enhance the clarity of the Rule. The proposed rule change would also promote the prompt and accurate clearance and settlement of securities transactions by aligning Section 5 of MBSD Rule 4 to Section 5 of GSD Rule 4, which would reduce the risk of legal challenges to FICC's use of MBSD Clearing Fund deposits based upon the argument that differences between the two rules indicate that Section 5 of MBSD Rule 4 should be interpreted differently from Section 5 of GSD Rule 4.

    37 15 U.S.C. 78q-1(b)(3)(F).

    FICC also believes that the proposed rule change is consistent Rule 17Ad-22(e)(1) and (3). Rule 17Ad-22(e)(1) requires FICC to “establish, implement, maintain and enforce written policies and procedures reasonably designed to . . . [p]rovide for a well-founded, clear, transparent and enforceable legal basis for each of its activities in all relevant jurisdictions.” 38 As described above, FICC believes that the proposed rule change to eliminate the limiting language described above would reduce the risk of legal challenges to FICC's ability to access MBSD Clearing Fund deposits under scenarios in which FICC believes that such limitation was not intended or in which such limitation would not be appropriate, as a prudential matter, in light of the enhanced standards to which FICC is now subject. The more technical aspects of the proposed rule change would also reduce the risk of legal challenges to FICC's actions that could be based upon grammar errors or differences between Section 5 of MBSD Rule 4 and Section 5 of GSD Rule 4. Rule 17Ad-22(e)(3) requires FICC to “establish, implement, maintain and enforce written policies and procedures reasonably designed to . . . maintain a sound risk management framework for comprehensively managing legal, credit, liquidity, operational, general business, investment, custody, and other risks that arise in or are borne by” FICC, including “plans for the recovery . . . of [FICC] necessitated by credit losses, liquidity shortfalls, losses from general business risk, or any other losses.” 39 The proposed rule change would enhance FICC's compliance with Rule 17Ad-22(e)(3) by enhancing and clarifying FICC's ability to access MBSD Clearing Fund deposits as one tool that it may employ in order to address losses, liabilities or temporary needs for funds incident to its clearance and settlement business. In particular, FICC believes that enhancing and clarifying FICC's ability to access MBSD Clearing Fund deposits in this manner and making the related more technical changes to Section 5 of MBSD Rule 4 would enhance FICC's comprehensive management of legal and operational risks, consistent with Rule 17Ad-22(e)(3)(i).40 FICC also believes that enhancing and clarifying FICC's ability to access MBSD Clearing Fund deposits to address such risks would enhance FICC's ability to establish and maintain appropriate recovery and orderly wind-down plans, as required by Rule 17Ad-22(e)(3)(ii),41 by enhancing and clarifying one tool that FICC may employ in order to address such risks.

    38 17 CFR 240.17Ad-22(e)(1).

    39 17 CFR 240.17Ad-22(e)(3).

    40 17 CFR 240.17Ad-22(e)(3)(i). See also Covered Clearing Agency Standards Release, supra note 19, at 70810 (discussing guidelines that a covered clearing agency should consider with respect to its comprehensive risk management framework).

    41 17 CFR 240.17Ad-22(e)(3)(ii).

    (B) Clearing Agency's Statement on Burden on Competition

    FICC believes that the proposed rule change to delete the limiting language in Section 5 of MBSD Rule 4 could have an impact upon competition. Specifically, as a result of the proposed rule change FICC's ability to access MBSD Clearing Fund deposits with respect to certain non-default losses would be expanded and clarified. Although FICC believes it is extraordinarily unlikely that FICC would find it necessary or appropriate to employ this tool in lieu of other tools that are available to FICC, if FICC were to access MBSD Clearing Fund deposits for this purpose, and such use became a loss or liability that was allocated to MBSD Members pursuant to Section 5 and Section 7 of MBSD Rule 4, such allocation could have a different financial impact upon MBSD Members than would be imposed by use of another tool that FICC could employ to address the underlying loss, liability, or temporary needs for funds incident to its clearance and settlement business. Accordingly, FICC believes that the proposed rule change to delete the limiting language in Section 5 of MBSD Rule 4 could burden competition. However, FICC does not believe that this aspect of the proposed rule changes would impose a significant burden on competition, both because it is extraordinarily unlikely that FICC would employ this tool and because FICC's access to MBSD Clearing Fund deposits for these purposes would, if employed, likely replace (possibly temporarily) alternative tools such as fee increases or capital-raising tools available to DTCC that would also have a financial impact on MBSD Members.

    FICC believes that the above described potential burden on competition would be necessary and appropriate in furtherance of the Act, specifically Section 17A(b)(3)(F) of the Act,42 because, as described above, the proposed rule change would enhance FICC's prompt and accurate clearance and settlement of securities transactions by enhancing FICC's ability to ensure that it can continue its operations and services as a going concern, in the unlikely event that it would be necessary or appropriate for FICC to access MBSD Clearing Fund deposits to address losses, liabilities or temporary financing needs incident to its clearance and settlement business. FICC also believes that the proposed rule change to delete the limiting language in Section 5 of MBSD Rule 4 is necessary and appropriate in furtherance of the Act because it would (i) reduce the risk of legal challenges to FICC's ability to access MBSD Clearing Fund deposits under scenarios in which FICC believes that such limitation was not intended or in which, FICC believes, such limitation would not be appropriate, thereby supporting FICC's compliance with Rule 17Ad-22(e)(1),43 (ii) enhance FICC's comprehensive management of legal and operational risks, thereby supporting FICC's compliance with Rule 17Ad-22(e)(3)(i),44 and (iii) enhance FICC's ability to establish and maintain appropriate recovery and orderly wind-down plans, thereby supporting FICC's compliance with Rule 17Ad-22(e)(3)(ii).45

    42 15 U.S.C. 78q-1(b)(3)(F).

    43 17 CFR 240.17Ad-22(e)(1).

    44 17 CFR 240.17Ad-22(e)(3)(i).

    45 17 CFR 240.17Ad-22(e)(3)(ii).

    FICC does not believe the additional changes to correct grammar errors, delete superfluous words and otherwise align the text of Section 5 of MBSD Rule 4 to the text of Section 5 of GSD Rule 4 would have any impact upon competition, because these proposed rule changes would enhance the clarity and grammatical accuracy of the Rule and therefore would not have an impact on MBSD members or impose any other potential burden on competition.

    (C) Clearing Agency's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    FICC has not received or solicited any written comments relating to this proposal. FICC will notify the Commission of any written comments received by FICC.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Within 45 days of the date of publication of this notice in the Federal Register or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will:

    (A) By order approve or disapprove such proposed rule change, or

    (B) institute proceedings to determine whether the proposed rule change should be disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

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

    • Send an email to [email protected]. Please include File Number SR-FICC-2017-010 on the subject line.

    Paper Comments

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

    All submissions should refer to File Number SR-FICC-2017-010. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of FICC and on DTCC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-FICC-2017-010 and should be submitted on or before May 19, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.46

    46 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-08578 Filed 4-27-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80516; File No. SR-NYSEArca-2017-43] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services April 24, 2017.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that, on April 20, 2017, NYSE Arca, Inc. (the “Exchange” or “NYSE Arca”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services (“Fee Schedule”) to add a new pricing tier, the Large Order Tier, and to change pricing in Tier 3. The Exchange proposes to implement the fee changes effective April 20, 2017.4 The proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    4 The Exchange originally filed to amend the Fee Schedule on March 31, 2017 (SR-NYSEArca-2017-34) and withdrew such filing on April 10, 2017. On April 10, 2017, the Exchange re-filed to amend the Fee Schedule (SR-NYSEArca-2017-39) and withdrew such filing on April 20, 2017.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend the Fee Schedule, as described below, to add a new pricing tier, the Large Order Tier, and change pricing in Tier 3. The proposed fee changes would be applicable to securities with a per share price of $1.00 or above. The Exchange proposes to implement the fee changes on April 20, 2017.

    Large Order Tier

    Currently, ETP Holders, including Market Makers, are charged a fee of $0.0010 per share for Market Orders,5 Market-On-Close (“MOC”) Orders,6 Limit-On-Close (“LOC”) Orders 7 and Auction-Only Orders 8 that are executed in the Closing Auction 9 if the ETP Holder meets the current Tier 1, Tier 2 or Tier 3 requirements. ETP Holders that do not meet the Tier 1, Tier 2 or Tier 3 requirements are charged a fee of $0.0012 per share for such orders, as provided in the Basic Rates section of the Fee Schedule. The Exchange is proposing a new pricing tier to incentivize large order flow to the Exchange. The proposed Large Order Tier fee of $0.0010 per share would be applicable to ETP Holders, including Market Makers, that execute an average daily volume (“ADV”) of 1,250,000 shares or greater of Market Orders, MOC Orders, LOC Orders and Auction-Only Orders executed in the Closing Auction from orders of 650,000 shares and greater (“Large Closing Orders”) and that have a ratio of Large Closing Order shares to total shares executed during the month of at least 35%.

    5 A Market Order is an unpriced order to buy or sell a stated amount of a security that is to be traded at the best price obtainable without trading through the NBBO. See Rule 7.31(a)(1).

    6 A MOC Order is a Market Order that is to be traded only during the Closing Auction. See Rule 7.31(c)(4).

    7 A LOC Order is a Limit Order that is to be traded only during the Closing Auction. See Rule 7.31(c)(3).

    8 An Auction-Only Order is a Limit or Market Order that is to be traded only within an auction pursuant to Rule 7.35 or routed pursuant to Rule 7.34. Any quantity of an Auction-Only Order that is not traded in the designated auction is cancelled. See Rule 7.31(c).

    9 The Closing Auction is conducted at the end of the Core Trading Session. See Rule 7.35(d).

    For example, if, in a month, an ETP Holder has an ADV of 3,000,000 shares of Market, MOC, LOC, and Auction-Only orders that are executed in the Closing Auction, of which 2,000,000 shares are from Large Closing Orders, and a total ADV of 5,000,000 shares (all volume, including but not limited to orders that add liquidity, take liquidity, are routed to and executed at other markets, and are executed in the Core Open Auction 10 and Closing Auction), such ETP Holder will have a ratio of Large Closing Orders to total shares executed during the month of 40% (2,000,000/5,000,000). Such ETP Holder would therefore meet the proposed requirements of the Large Order Tier and the Exchange would charge this ETP Holder a fee of $0.0010 per share for the 2,000,000 shares from Large Closing Orders. The remaining 1,000,000 shares executed in the Closing Auction that are not from Large Closing Orders would be charged per the Exchange's current fees, i.e., $0.0010 per share if the ETP Holder meets the Tier 1, Tier 2 or Tier 3 requirements, or $0.0012 per share under the Basic Rates section of the Fee Schedule.

    10 The Core Open Auction is conducted at the beginning of the Core Trading Session. See Rule 7.35(c).

    The proposed fee for Large Closing Orders is the lowest fee applicable to ETP Holders, and would be equivalent to the fee charged for Market, MOC, LOC, and Auction-Only orders that are executed in the Closing Auction if an ETP Holder meets Tier 1, Tier 2 or Tier 3 requirements. For the ETP Holder in the example above, absent the proposed fee, the ETP Holder would be charged a fee of $0.0010 per share for Market, MOC, LOC, and Auction-Only orders that are executed in the Closing Auction if that ETP Holder met Tier 1, Tier 2 or Tier 3 requirements, or $0.0012 per share under the Basic Rates section of the Fee Schedule.

    For ETP Holders that qualify for the proposed Large Order Tier, Tiered or Basic Rates would apply to all other fees and credits, based on the ETP Holder's qualifying levels, and if an ETP Holder qualifies for more than one tier in the Fee Schedule, the Exchange would apply the most favorable rate available under such tiers.

    Tier 3

    The Fee Schedule currently provides, in Tier 1 and Tier 2 sections, that a fee of $0.0010 per share is charged for Market, MOC, LOC and Auction-Only Orders executed in the Closing Auction. For Basic Rates customers, this fee is $0.0012 per share.11 Per the current Fee Schedule, Tier 3 customers are subject to the fee provided in the Basic Rates section of the Fee Schedule, or $0.0012 per share. The Exchange proposes to modify the Tier 3 section of the Fee Schedule to include a $0.0010 per share fee for Market, MOC, LOC and Auction-Only Orders executed in the Closing Auction for Tapes A, B and C.

    11 This fee for Basic Rates customers was increased to $0.0012 per share in June 2016. See Securities Exchange Act Release No. 77925 (May 26, 2016), 81 FR 35412 (June 2, 2016) (SR-NYSEArca-2016-78) (“June Fee Filing”). Prior to the June Fee Filing, the fee for Market, MOC, LOC and Auction-Only Orders executed in the Closing Auction was $0.0010 per share for all customers.

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,12 in general, and furthers the objectives of Sections 6(b)(4) and (5) of the Act,13 in particular, because it provides for the equitable allocation of reasonable dues, fees, and other charges among its members, issuers and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers.

    12 15 U.S.C. 78f(b).

    13 15 U.S.C. 78f(b)(4) and (5).

    The Exchange believes the proposed Large Order Tier is reasonable and equitably allocated because it would apply to ETP Holders and Market Makers that execute large orders in the Exchange's Closing Auction and is designed to incentivize these market participants to increase the orders sent directly to the Exchange and therefore provide liquidity that supports the quality of price discovery and promotes market transparency. The Exchange believes the new Large Order Tier is equitable because it would be available to all similarly situated ETP Holders and Market Makers on an equal basis and provides a fee that is reasonably related to the value of an exchange's market quality associated with higher volumes. The Exchange believes that the Large Order Tier proposal is reasonable because it provides ETP Holders with an additional way to qualify for the same $0.0010 fee for Market, MOC, LOC, and Auction-Only orders that are charged to tiered customers.

    The Exchange further believes that the proposed Large Order Tier is reasonable, equitable and not unfairly discriminatory because providing pricing tiers that favor a particular segment of securities or type of activity is not unusual. For example, NYSE MKT LLC provides a higher per share credit on a per transaction basis for displayed liquidity when adding liquidity in orders that originally display a minimum of 2,000 shares.14

    14See NYSE MKT Equities Price List, Transaction Fees and Credits For Non-ETP Securities Traded Pursuant to Unlisted Trading Privileges at https://www.nyse.com/publicdocs/nyse/markets/nyse-mkt/NYSE_MKT_Equities_Price_List.pdf. See also Securities Exchange Act Release No. 66599 (March 14, 2012), 77 FR 16302 (March 20, 2012) (SR-NYSEAmex-2012-17). The proposed Large Order Tier omits a reference to the originally displayed size like the NYSE MKT credit because auction orders on the Exchange are submitted to the auction once and do not decrement in size. While it could be possible for a market order to receive a fill and resize, the Exchange believes that this would be extremely unlikely.

    The Exchange believes that the proposed new pricing tier would create an added incentive for ETP Holders and Market Makers to execute large orders on the Exchange. The Exchange believes that the proposed change is equitable and not unfairly discriminatory because providing a lower fee as an incentives for orders in exchange-listed securities that are executed on a registered national securities exchange (rather than relying on certain available off-exchange execution methods) would contribute to investors' confidence in the fairness of their transactions and would benefit all investors by deepening the Exchange's liquidity pool, supporting the quality of price discovery, promoting market transparency and improving investor protection.

    Tier 3 customers have always been charged a fee of $0.0010 per share. The Exchange does not believe that there is any confusion among market participants with respect to the applicable Tier 3 fee for Market, MOC, LOC and Auction-Only Orders executed in the Closing Auction, but rather that the addition of the proposed language would serve to provide transparency in the Exchange's rules, and is an equitable allocation of reasonable fees. The Exchange believes that the addition of the proposed Tier 3 fee is consistent with Section 6(b)(5) of the Act in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest, by clarifying what fees apply for certain transactions and market participants.

    For the foregoing reasons, the Exchange believes that the proposal is consistent with the Act.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,15 the Exchange believes that the proposed rule change would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Instead, the Exchange believes that the addition of the new Large Order Tier and the Tier 3 fee would encourage the submission of additional liquidity to a public exchange, thereby promoting price discovery and transparency and enhancing order execution opportunities for ETP Holders and Market Makers. The Exchange believes that this could promote competition between the Exchange and other execution venues, including those that currently offer similar order types and comparable transaction pricing, by encouraging additional orders to be sent to the Exchange for execution.

    15 15 U.S.C. 78f(b)(8).

    Finally, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive or rebate opportunities available at other venues to be more favorable. In such an environment, the Exchange must continually adjust its fees and rebates to remain competitive with other exchanges and with alternative trading systems that have been exempted from compliance with the statutory standards applicable to exchanges. Because competitors are free to modify their own fees and credits in response, and because market participants may readily adjust their order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited. As a result of all of these considerations, the Exchange does not believe that the proposed changes will impair the ability of ETP Holders or competing order execution venues to maintain their competitive standing in the financial markets.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A) 16 of the Act and subparagraph (f)(2) of Rule 19b-4 17 thereunder, because it establishes a due, fee, or other charge imposed by the Exchange.

    16 15 U.S.C. 78s(b)(3)(A).

    17 17 CFR 240.19b-4(f)(2).

    At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 18 of the Act to determine whether the proposed rule change should be approved or disapproved.

    18 15 U.S.C. 78s(b)(2)(B).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

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

    • Send an email to [email protected] Please include File Number SR-NYSEArca-2017-43 on the subject line.

    Paper Comments

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

    All submissions should refer to File Number SR-NYSEArca-2017-43. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2017-43, and should be submitted on or before May 19, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.19

    19 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-08577 Filed 4-27-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80515; File No. SR-NYSEArca-2017-45) Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Reflect a Change in the Index Methodology Applicable to the Virtus Enhanced U.S. Equity ETF Under NYSE Arca Equities Rule 5.2(j)(3) April 24, 2017.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that, on April 20, 2017, NYSE Arca, Inc. (the “Exchange” or “NYSE Arca”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C.78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange proposes to reflect a change in the index methodology applicable to the Virtus Enhanced U.S. Equity ETF (“Fund”). The Commission, pursuant to Section 19(b)(2) of the Act, has previously approved listing and trading of shares of the Fund on the Exchange under NYSE Arca Equities Rule 5.2(j)(3). The proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Commission has approved the listing and trading on the Exchange of shares (“Shares”) of the Fund,4 under NYSE Arca Equities Rule 5.2(j)(3), which governs the listing and trading of Investment Company Units. The Exchange proposes to reflect a change in the index methodology applicable to the Fund from the index description in the Prior Notice, as described below. Shares of the Fund have not commenced trading on the Exchange as of the date of filing of this proposed rule change.

    4See Securities Exchange Act Release No. 79402 (November 25, 2016), 81 FR 86760 (December 1, 2016) (SR-NYSEArca-2016-131) (“Prior Order”). See also Securities Exchange Act Release No. 79101 (October 14, 2016) (SR-NYSEArca-2016-131) (notice of filing of proposed rule change relating to listing on the Exchange of Shares of the Fund) (“Prior Notice” and, together with the Prior Order, the “Prior Releases”).

    Index Methodology

    As stated in the Prior Notice, the Fund's investment objective will be to seek investment results that, before fees and expenses, closely correspond to the price and yield performance of the Rampart Enhanced U.S. Equity Index (the “Index”). The Prior Notice stated that the Index is comprised of an equity portfolio enhanced by an “Options Strategy Overlay”. The equity portfolio is comprised of the largest 400 U.S. exchange-listed stocks as measured by market capitalization. The portfolio is market capitalization-weighted and is reconstituted and rebalanced on a quarterly basis. The Options Strategy Overlay uses an objective, rules-based methodology to transact in options linked to the S&P 500 Index (SPX). SPX options are traded on the Chicago Board Options Exchange. Each week, out of the money SPX put options and out of the money SPX call options are sold. The proceeds are used to buy an SPX call option. The strike prices of the options are systematically selected according to the prevailing volatility environment. In general, in higher volatility environments the short options will be struck farther out of the money.

    The Exchange proposes to delete the representation in the eighth sentence of the preceding paragraph that proceeds are used to buy an SPX call option. Instead, proceeds from weekly sales of out-of-the-money SPX put and call options by the Fund (to the extent there are profits from such sales), as it attempts to meet its investment objective, will be collected by the Fund, and distributed periodically to shareholders, instead of such proceeds being used to purchase additional SPX call options. Between such distributions, there would be no additional exposure to SPX options via reinvestment in such options. Virtus ETF Advisers LLC (the “Adviser”) represents that the proposed change to the Index methodology would provide a simplified strategy that emphasizes enhanced income to investors rather than enhanced total return.

    There will be no change to the Fund's investment objective. Except for the change noted above, all other representations made in the Prior Releases remain unchanged.

    2. Statutory Basis

    The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) 5 that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to, and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest.

    5 15 U.S.C. 78f(b)(5).

    The Exchange believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices, and is designed to promote just and equitable principles of trade and to protect investors and the public interest. Proceeds from weekly sales of out-of-the-money SPX put and call options by the Fund, as it attempts to meet its investment objective, will be distributed periodically to shareholders instead of such proceeds being used to purchase additional SPX call options.

    The proposed rule change is designed to perfect the mechanism of a free and open market, and, in general, to promote just and equitable principles of trade and to protect investors and the public interest. The Adviser represents that, by not using proceeds of sales to add to exposure to SPX options in the Index, the proposed change to the Index methodology would provide a simplified strategy that emphasizes enhanced income to investors rather than enhanced total return. Except for the change noted above, all other representations in the Prior Releases remain unchanged.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes the proposed rule change will enhance competition among issues of exchange-traded funds that invest in both U.S. exchange listed stocks and U.S. exchange-traded options to the benefit of investors and the marketplace.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 6 and subparagraph (f)(6) of Rule 19b-4 thereunder.7

    6 15 U.S.C. 78s(b)(3)(A)(iii).

    7 17 CFR 240.19b-4(f)(6).

    A proposed rule change filed under Rule 19b-4(f)(6) normally does not become operative before 30 days from the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),8 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. The proposed rule change does not raise any regulatory issues. Additionally, waiver of the operative delay will allow the Adviser to pursue the Fund's investment objective in a consistent manner should the Exchange wish to commence trading in the Shares without delay. For these reasons, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative upon filing with the Commission.9

    8 17 CFR 240.19b-4(f)(6)(iii).

    9 For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

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

    • Send an email to [email protected] Please include File Number SR-NYSEArca-2017-45 on the subject line.

    Paper Comments

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

    All submissions should refer to File Number SR-NYSEArca-2017-45. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2017-45, and should be submitted on or before May 19, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10

    10 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-08576 Filed 4-27-17; 8:45 am] BILLING CODE 8011-01-P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15121 and #15122] Utah Disaster #UT-00049 AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice

    SUMMARY:

    This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of UTAH (FEMA-4311-DR), dated 04/21/2017.

    Incident: Severe Winter Storms and Flooding.

    Incident Period: 02/07/2017 through 02/27/2017.

    Effective Date: 04/21/2017.

    Physical Loan Application Deadline Date: 06/20/2017.

    Economic Injury (EIDL) Loan Application Deadline Date: 01/22/2018.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that as a result of the President's major disaster declaration on 04/21/2017, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations.

    The following areas have been determined to be adversely affected by the disaster:

    Primary Counties: Box Elder, Cache

    The Interest Rates are:

    Percent For Physical Damage: Non-Profit Organizations With Credit Available Elsewhere 2.500 Non-Profit Organizations Without Credit Available Elsewhere 2.500 For Economic Injury: Non-Profit Organizations Without Credit Available Elsewhere 2.500

    The number assigned to this disaster for physical damage is 151216 and for economic injury is 151226.

    (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance.
    [FR Doc. 2017-08595 Filed 4-27-17; 8:45 am] BILLING CODE 8025-01-P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15115 and #15116] Louisiana Disaster #LA-00075 AGENCY:

    U.S. Small Business Administration

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of an Administrative declaration of a disaster for the State of Louisiana dated 04/21/2017.

    Incident: Severe Weather, Tornadoes and Flooding.

    Incident Period: 04/01/2017 through 04/02/2017.

    Effective Date: 04/21/2017.

    Physical Loan Application Deadline Date: 06/20/2017.

    Economic Injury (EIDL) Loan Application Deadline Date: 01/22/2018.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations.

    The following areas have been determined to be adversely affected by the disaster:

    Primary Parishes: Rapides.

    Contiguous Parishes:

    LOUISIANA: ALLEN, AVOYELLES, EVANGELINE, GRANT, LA SALLE, NATCHITOCHES, VERNON.

    The Interest Rates are:

    Percent For Physical Damage: Homeowners With Credit Available Elsewhere 3.750 Homeowners Without Credit Available Elsewhere 1.875 Businesses With Credit Available Elsewhere 6.300 Businesses Without Credit Available Elsewhere 3.150 Non-Profit Organizations With Credit Available Elsewhere 2.500 Non-Profit Organizations Without Credit Available Elsewhere 2.500 For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 3.150 Non-Profit Organizations Without Credit Available Elsewhere 2.500

    The number assigned to this disaster for physical damage is 15115 6 and for economic injury is 15116 0.

    The State which received an EIDL Declaration # is Louisiana.

    (Catalog of Federal Domestic Assistance Number 59008)

    Dated: April 21, 2017. Linda E. McMahon, Administrator.
    [FR Doc. 2017-08640 Filed 4-27-17; 8:45 am] BILLING CODE 8025-01-P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15117 and #15118] Washington Disaster #WA-00068 AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice.

    SUMMARY:

    This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Washington (FEMA-4309-DR), dated 04/21/2017.

    Incident: Severe Winter Storms, Flooding, Landslides, and Mudslides.

    Incident Period: 01/30/2017 through 02/22/2017.

    Effective Date: 04/21/2017.

    Physical Loan Application Deadline Date: 06/20/2017.

    Economic Injury (EIDL) Loan Application Deadline Date: 01/22/2018.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that as a result of the President's major disaster declaration on 04/21/2017, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations.

    The following areas have been determined to be adversely affected by the disaster:

    Primary Counties: Adams, Benton, Columbia, Franklin, Grant, Lewis, Lincoln, Pend Oreille, Skamania, Spokane, Wahkiakum, Walla Walla, Whatcom

    The Interest Rates are:

    Percent For Physical Damage: Non-Profit Organizations With Credit Available Elsewhere 2.500 Non-Profit Organizations Without Credit Available Elsewhere 2.500 For Economic Injury: Non-Profit Organizations Without Credit Available Elsewhere 2.500

    The number assigned to this disaster for physical damage is 151176 and for economic injury is 151186.

    (Catalog of Federal Domestic Assistance Number 59008) James E. Rivera, Associate Administrator for Disaster Assistance.
    [FR Doc. 2017-08593 Filed 4-27-17; 8:45 am] BILLING CODE 8025-01-P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15119 and #15120] IDAHO Disaster #ID-00065 AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice.

    SUMMARY:

    This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of IDAHO (FEMA-4310-DR), dated 04/21/2017.

    Incident: Severe Winter Storms and Flooding.

    Incident Period: 02/05/2017 through 02/27/2017.

    Effective Date: 04/21/2017.

    Physical Loan Application Deadline Date: 06/20/2017.

    Economic Injury (EIDL) Loan Application Deadline Date: 01/22/2018.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that as a result of the President's major disaster declaration on 04/21/2017, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations.

    The following areas have been determined to be adversely affected by the disaster:

    Primary Counties: Bingham, Cassia, Elmore, Franklin, Gooding, Jefferson, Jerome, Lincoln, Minidoka, Twin Falls, Washington

    The Interest Rates are:

    Percent For Physical Damage: Non-Profit Organizations With Credit Available Elsewhere 2.500 Non-Profit Organizations Without Credit Available Elsewhere 2.500 For Economic Injury: Non-Profit Organizations Without Credit Available Elsewhere 2.500

    The number assigned to this disaster for physical damage is 151196 and for economic injury is 151206.

    (Catalog of Federal Domestic Assistance Number 59008) James E. Rivera, Associate Administrator for Disaster Assistance.
    [FR Doc. 2017-08592 Filed 4-27-17; 8:45 am] BILLING CODE 8025-01-P
    DEPARTMENT OF STATE [Public Notice: 9979] Shipping Coordinating Committee; Notice of Public Meeting

    The Shipping Coordinating Committee (SHC) will conduct an open meeting at 9:00 a.m. on Wednesday, June 28, 2017, in room 6I10-01-b of the Douglas A. Munro Coast Guard Headquarters Building at St. Elizabeth's, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593. The primary purpose of the meeting is to prepare for the seventy-first session of the International Maritime Organization's (IMO) Marine Environment Protection Committee to be held at the IMO Headquarters, United Kingdom, July 3-7, 2017.

    The agenda items to be considered include:

    —Adoption of the agenda —Decisions of other bodies —Consideration and adoption of amendments to mandatory instruments —Harmful aquatic organisms in ballast water —Air pollution and energy efficiency —Further technical and operational measures for enhancing the energy efficiency of international shipping —Reduction of GHG emissions from ships —Identification and protection of Special Areas and PSSAs —Pollution prevention and response (report of the fourth session of the Sub-Committee) —Reports of other sub-committees —Technical cooperation activities for the protection of the marine environment —Capacity building for the implementation of new measures —Application of the Committees' Guidelines —Work program of the Committee and subsidiary bodies —Election of the Chair and Vice-Chair for 2018 —Any other business —Consideration of the report of the Committee

    Members of the public may attend this meeting up to the seating capacity of the room. Upon request to the meeting coordinator, members of the public may also participate via teleconference, up to the capacity of the teleconference phone line. To access the teleconference line, participants should call (855) 475-2447 and use Participant Code: 993 678 424. To facilitate the building security process, and to request reasonable accommodation, those who plan to attend should contact the meeting coordinator, LCDR Staci Weist, by email at [email protected], by phone at (202) 372-1376, or in writing at 2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, DC 20593-7509 no later than June 21, 2017. Requests made after June 21, 2017 might not be able to be accommodated.

    Please note that due to security considerations, two valid, government issued photo identifications must be presented to gain entrance to the Coast Guard Headquarters building. It is recommended that attendees arrive to the Headquarters building no later than 30 minutes ahead of the scheduled meeting for the security screening process. The building is accessible by taxi, public transportation, and privately owned conveyance (upon request). Parking in the vicinity of the building is extremely limited and not guaranteed. Additional information regarding this and other SHC public meetings may be found at: www.uscg.mil/imo.

    Jonathan W. Burby, Executive Secretary, Shipping Coordinating Committee, Department of State.
    [FR Doc. 2017-08551 Filed 4-27-17; 8:45 am] BILLING CODE 4710-09-P
    DEPARTMENT OF STATE [Public Notice: 9978] Shipping Coordinating Committee; Notice of Public Meeting

    The Shipping Coordinating Committee (SHC) will conduct an open meeting at 9:00 a.m. on May 23, 2017, in the CDR Raymond J. Evans Conference Center, Room 6i10-01-a, of the Douglas A. Munro Coast Guard Headquarters Building at St. Elizabeth's, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593. The primary purpose of the meeting is to prepare for the ninety-eighth session of the International Maritime Organization's (IMO) Maritime Safety Committee to be held at the IMO Headquarters, United Kingdom, June 7-16, 2017.

    The agenda items to be considered include:

    —Adoption of the agenda; report of credentials —Decisions of other IMO bodies —Consideration and adoption of amendments to mandatory instruments —Early implementation/application of IMO instruments —Measures to enhance maritime security —Goal-based new ship construction standards —Carriage of cargoes and containers (report of the third session of the Sub-Committee) —Pollution prevention and response (report of the fourth session of the Sub-Committee) —Human element, training and watch keeping (report of the fourth session of the Sub-Committee) —Navigation, communications, search and rescue (report of the fourth session of the Sub-Committee) —Ship systems and equipment (report of the fourth session of the Sub-Committee) —Capacity building for the implementation of new measures —Formal safety assessment —Piracy and armed robbery against ships —Unsafe mixed migration by sea —Implementation of instruments and related matters —Relations with other organizations —Committee's organization and method of work —Work program —Any other business —Consideration of the report of the Committee on its ninety-eighth session

    Members of the public may attend this meeting up to the seating capacity of the room. Upon request to the meeting coordinator, members of the public may also participate via teleconference, up to the capacity of the teleconference phone line. To access the teleconference line, participants should call (202) 475-4000 and use Participant Code: 887 809 72. In order to ensure reasonable accommodation for all meeting participants, those who plan to attend should contact the meeting coordinator, LCDR Tiffany Duffy, by email at [email protected], by phone at (202) 372-1376, or in writing at 2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, DC 20593-7509 no later than May 15, 2017. Requests made after May 15, 2017 might not be able to be accommodated.

    Please note that due to security considerations, two valid, government issued photo identifications must be presented to gain entrance to the Coast Guard Headquarters building. It is recommended that attendees arrive to the Headquarters building no later than 30 minutes ahead of the scheduled meeting for the security screening process. The Headquarters building is accessible by taxi, public transportation, and privately owned conveyance (upon request). Parking in the vicinity of the building is extremely limited and not guaranteed. Additional information regarding this and other SHC public meetings may be found at: www.uscg.mil/imo.

    Jonathan W. Burby, Executive Secretary, Shipping Coordinating Committee, Department of State.
    [FR Doc. 2017-08552 Filed 4-27-17; 8:45 am] BILLING CODE 4710-09-P
    SURFACE TRANSPORTATION BOARD [Docket No. FD 35283 (Sub-No. 1)] The Indiana Rail Road Company—Amended Trackage Rights Exemption—CSX Transportation, Inc.

    Pursuant to a written Supplemental Agreement, dated February 16, 2017, The Indiana Rail Road Company (INRD) seeks to acquire approximately 30.6 miles of limited and amended overhead trackage rights from CSX Transportation, Inc. (CSXT),1 between the INRD-CSXT connection near INRD's Senate Avenue Yard and CSXT's Avon Yard in Indianapolis, Ind. INRD presently holds overhead trackage rights over the subject lines, which it can utilize in conjunction with specified categories of traffic.2 INRD states that the proposed transaction would amend those existing trackage rights to allow INRD to handle interchange traffic between CSXT and Louisville & Indiana Railroad Company in intermediate switching service.

    1 INRD is indirectly controlled by CSXT and operates as an independent Class II rail carrier.

    2 Pursuant to an August 22, 1996 trackage rights agreement and a September 1, 2009 Supplemental Agreement between INRD and CSXT, INRD holds trackage rights over several CSXT line segments in the Indianapolis terminal for the purpose of handling certain limited categories of overhead traffic. See Ind. R.R.—Trackage Rights Exemption—CSX Transp., Inc., FD 35283 (STB served Sept. 3, 2009); Ind. R.R.—Trackage Rights Exemption—Consol. Rail Corp., FD 33380 (STB served Apr. 30, 1997).

    The additional restricted overhead trackage rights to be acquired are over the following CSXT line segments: (1) Between the INRD-CSXT connection south of INRD's Senate Avenue Yard at milepost QIB 5.3 and the Hamilton Connection at milepost QIB 9.0, a distance of approximately 3.7 miles; (2) over CSXT's Hamilton Connection between milepost QIB 9.0 and milepost BD 122.0, a distance of approximately 0.5 miles; (3) between milepost BD 122.0 and milepost QS 12.5 at CP AN near the west end of Avon Yard, a distance of approximately 14.4 miles, with two milepost equations where milepost BD 123.7 = milepost QI 283.7 and milepost QI 283.9 = milepost QS 0.0; (4) between milepost QSC 0.7 at CP IJ and milepost QSC 8.6 at CP South Hunt, a distance of approximately 7.9 miles, connecting at both ends with Line Segment #3; (5) between milepost QSL 1.7 at CP Dale and milepost QSL 0.0 at CP IU, a distance of approximately 1.7 miles, connecting Line Segment #1 to Line Segment #3; and (6) between milepost QSS 106.9 at Belt Crossing and milepost QSS 109.3 at CP IU, a distance of approximately 2.4 miles, connecting Line Segment #1 to Line Segment #3.

    The earliest this transaction may be consummated is May 13, 2017, the effective date of the exemption (30 days after the verified notice of exemption was filed).

    As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights—Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980).

    This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by May 5, 2017 (at least seven days before the exemption becomes effective).

    An original and 10 copies of all pleadings, referring to Docket No. 35283 (Sub-No. 1), must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.

    Board decisions and notices are available on our Web site at “WWW.STB.GOV.”

    Decided: April 25, 2017.

    By the Board, Rachel D. Campbell, Director, Office of Proceedings.

    Raina S. Contee, Clearance Clerk.
    [FR Do