Federal Register Vol. 83, No.175,

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range45535-45810
FR Document

83_FR_175
Current View
Page and SubjectPDF
83 FR 45555 - Premerger Notification; Reporting and Waiting Period RequirementsPDF
83 FR 45646 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0035PDF
83 FR 45677 - Government in the Sunshine Act Meeting NoticePDF
83 FR 45679 - Government in the Sunshine Act Meeting NoticePDF
83 FR 45592 - Performance-Based Payments and Progress Payments (DFARS Case 2017-D019)PDF
83 FR 45694 - Sunshine Act MeetingsPDF
83 FR 45595 - Change in Comment Deadline for Section 232 National Security Investigation of Imports of UraniumPDF
83 FR 45618 - Draft Policy Statement on Developing Student Achievement Levels for the National Assessment of Educational ProgressPDF
83 FR 45720 - Sunshine Act MeetingsPDF
83 FR 45649 - Agenda and Notice of Public Meeting of the Moving To Work Research Advisory CommitteePDF
83 FR 45734 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
83 FR 45723 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
83 FR 45724 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
83 FR 45742 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)PDF
83 FR 45726 - Qualification of Drivers; Exemption Applications; DiabetesPDF
83 FR 45728 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
83 FR 45736 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
83 FR 45647 - Accreditation and Approval of Inspectorate America Corporation (Savannah, GA), as a Commercial Gauger and LaboratoryPDF
83 FR 45648 - Commercial Customs Operations Advisory Committee (COAC)PDF
83 FR 45646 - Accreditation and Approval of Intertek USA, Inc. (Gonzalez, LA) as a Commercial Gauger and LaboratoryPDF
83 FR 45640 - Identifying the Root Causes of Drug Shortages and Finding Enduring Solutions; Public Meeting; Request for CommentsPDF
83 FR 45648 - Accreditation and Approval of Bennett Testing Service, Inc. (Rahway, NJ), as a Commercial Gauger and LaboratoryPDF
83 FR 45721 - Administrative Declaration of a Disaster for the State of MinnesotaPDF
83 FR 45589 - Approval and Promulgation of State Plans for Designated Facilities; New YorkPDF
83 FR 45694 - Meeting of the Advisory Committee on Reactor Safeguards Subcommittee on Plant License RenewalPDF
83 FR 45754 - Notice of OFAC Sanctions ActionsPDF
83 FR 45686 - Meeting of Humanities PanelPDF
83 FR 45584 - Safety Zones; Coast Guard Sector New Orleans Annual and Recurring Safety ZonesPDF
83 FR 45681 - Certain Wireless Mesh Networking Products and Related Components Thereof; Institution of InvestigationPDF
83 FR 45594 - Agenda and Notice of Public Meeting of the New Jersey Advisory CommitteePDF
83 FR 45678 - The Appointment of the Commission's Administrative Law Judges for Section 337 InvestigationsPDF
83 FR 45688 - Virgil C. Summer Nuclear Station, Unit No. 1PDF
83 FR 45619 - International Energy Agency MeetingsPDF
83 FR 45750 - Qualification of Drivers; Exemption Applications; VisionPDF
83 FR 45749 - Qualification of Drivers; Exemption Applications; VisionPDF
83 FR 45687 - In the Matter of Dominion Energy, Inc., and SCANA Corporation Virgil C. Summer Nuclear Station (VCSNS), Units 1, 2, and 3, and the ISFSIPDF
83 FR 45747 - Qualification of Drivers; Exemption Applications; VisionPDF
83 FR 45753 - Qualification of Drivers; Exemption Applications; HearingPDF
83 FR 45683 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User PermitsPDF
83 FR 45683 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change of a Currently Approved Collection-Report of Theft or Loss of Explosives-ATF F 5400.5PDF
83 FR 45611 - Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission, in Part; 2016PDF
83 FR 45609 - Aluminum Extrusions From the People's Republic of China: Final Results of Changed Circumstances ReviewPDF
83 FR 45596 - Initiation of Antidumping and Countervailing Duty Administrative ReviewsPDF
83 FR 45607 - Wooden Bedroom Furniture From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative ReviewPDF
83 FR 45628 - Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking ActivitiesPDF
83 FR 45628 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
83 FR 45745 - Qualification of Drivers; Exemption Applications; HearingPDF
83 FR 45744 - Qualification of Drivers; Exemption Applications; HearingPDF
83 FR 45569 - Safety Zone; Helocast Water Insertion Operation; Black River Bay, Sackets Harbor, NYPDF
83 FR 45630 - Proposed Information Collection Activity; Comment RequestPDF
83 FR 45623 - Notice of Environmental Site Review: Pacific Gas and Electric Company and the City of Santa ClaraPDF
83 FR 45624 - Combined Notice of Filings #1PDF
83 FR 45620 - Essential Power Rock Springs, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
83 FR 45619 - Records Governing Off-the-Record Communications; Public NoticePDF
83 FR 45625 - NorthWestern Corporation; Notice of Petition for Declaratory OrderPDF
83 FR 45620 - Notice of Commission Staff AttendancePDF
83 FR 45623 - New England Hydropower Company, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
83 FR 45621 - Combined Notice of FilingsPDF
83 FR 45623 - Nevada Irrigation District; Notice of TeleconferencePDF
83 FR 45625 - Equal Employment Opportunity and DiversityPDF
83 FR 45662 - Notice of Inventory Completion: University of Michigan, Ann Arbor, MIPDF
83 FR 45663 - Notice of Inventory Completion: State Historical Society of North Dakota, Bismarck, NDPDF
83 FR 45674 - Notice of Inventory Completion: Heard Museum, Phoenix, AZPDF
83 FR 45671 - Notice of Inventory Completion: Federal Bureau of Investigation, Washington, DCPDF
83 FR 45653 - Notice of Inventory Completion: Alfred W. Bowers Laboratory of Anthropology, University of Idaho, Moscow, ID, and Museum of the Rockies at Montana State University, Bozeman, MTPDF
83 FR 45664 - Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, ORPDF
83 FR 45670 - Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, ORPDF
83 FR 45655 - Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, ORPDF
83 FR 45629 - Systematic Review and Final CDC Guideline on the Diagnosis and Management of Mild Traumatic Brain Injury Among ChildrenPDF
83 FR 45675 - Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, ORPDF
83 FR 45657 - Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Indian Affairs, Washington, DCPDF
83 FR 45666 - Notice of Inventory Completion: Children's Museum of Oak Ridge, Oak Ridge, TNPDF
83 FR 45667 - Notice of Inventory Completion: The American Museum of Natural History, New York, NYPDF
83 FR 45672 - Notice of Inventory Completion: Office of the State Archeologist, University of Iowa, Iowa City, IA, and Coe College, Cedar Rapids, IAPDF
83 FR 45672 - Notice of Inventory Completion: U.S. Department of Agriculture, Forest Service, Kootenai National Forest, Lincoln County, MTPDF
83 FR 45655 - Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Regional Office, Sacramento, CAPDF
83 FR 45658 - Notice of Inventory Completion: U.S. Department of Agriculture, Forest Service, Boise National Forest, Boise, IDPDF
83 FR 45661 - Notice of Inventory Completion: Haffenreffer Museum of Anthropology, Brown University, Bristol, RIPDF
83 FR 45669 - Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, ORPDF
83 FR 45652 - Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, ORPDF
83 FR 45656 - Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, ORPDF
83 FR 45673 - Notice of Inventory Completion: Heard Museum, Phoenix, AZPDF
83 FR 45660 - Notice of Inventory Completion: San Diego Museum of Man, San Diego, CAPDF
83 FR 45722 - Release of Waybill DataPDF
83 FR 45684 - Office of Private Sector; OMB Number: 1110-New; Agency Information Collection Activities; Proposed eCollection eComments Requested; New CollectionPDF
83 FR 45685 - Agency Information Collection Activities; Proposed eCollection; eComments Requested; Extension of a Currently Approved Collection; Law Enforcement Officers Killed and Assaulted Program, Analysis of Officers Feloniously Killed and Assaulted; and Law Enforcement Officers Killed and Assaulted Program; Analysis of Officers Accidentally KilledPDF
83 FR 45571 - Safety Zone; Boston Harbor's Improvement Dredging Project, Boston, MAPDF
83 FR 45685 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change, of a Previously Approved Collection Federal Coal Lease RequestPDF
83 FR 45645 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0044PDF
83 FR 45567 - Safety Zone; Upper Mississippi River Mile Markers 824 to 832, St. Paul, MNPDF
83 FR 45721 - 30-Day Notice of Intent To Seek Reinstatement Without Change: Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
83 FR 45627 - Notice to All Interested Parties of Intent To Terminate ReceivershipPDF
83 FR 45627 - Notice of Termination of ReceivershipsPDF
83 FR 45588 - Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review ProgramPDF
83 FR 45595 - Submission for OMB Review; Comment RequestPDF
83 FR 45594 - Notice of Public Meeting of the Michigan Advisory CommitteePDF
83 FR 45701 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Section 4(c) of Schedule A to the FINRA By-Laws Relating to Qualification Examination FeesPDF
83 FR 45706 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Proposed Rule Change Related to The Options Clearing Corporation's Board of Directors and Board Committee ChartersPDF
83 FR 45677 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
83 FR 45679 - Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof; Commission Determination To Review in Part an Initial Determination Finding a Violation of Section 337 and Order Nos. 38 and 47; To Request Written Submissions on Remedy, Bonding, and the Public Interest; and To Extend the Target DatePDF
83 FR 45676 - Certain Access Control Systems and Components Thereof; Notice of Institution of Modification ProceedingPDF
83 FR 45587 - Electronic RecordsPDF
83 FR 45696 - Excepted ServicePDF
83 FR 45698 - Excepted ServicePDF
83 FR 45628 - World War One Centennial Commission; Notification of Upcoming Public Advisory MeetingPDF
83 FR 45644 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 45642 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 45643 - Office of the Director, National Institutes of Health; Notice of MeetingPDF
83 FR 45643 - National Institute on Aging; Notice of Closed MeetingPDF
83 FR 45614 - Western Pacific Fishery Management Council; Public MeetingPDF
83 FR 45614 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingPDF
83 FR 45554 - Revocation of Class E Airspace; Springfield, OHPDF
83 FR 45615 - New England Fishery Management Council; Public MeetingPDF
83 FR 45613 - Pacific Fishery Management Council; Public MeetingPDF
83 FR 45695 - Information Collection: Nuclear Material Events Database (NMED) for the Collection of Event Report, Response, Analyses, and Follow-Up Data on Events Involving the Use of Atomic Energy Act (AEA) Radioactive Byproduct MaterialPDF
83 FR 45615 - Ocean Exploration Advisory Board (OEAB) Notice for the 11th OEAB MeetingPDF
83 FR 45627 - Notice of Agreements FiledPDF
83 FR 45617 - Agency Information Collection Activities; Comment Request; Comprehensive Literacy Program Evaluation: Striving Readers Implementation StudyPDF
83 FR 45652 - Alaska Native Claims SelectionPDF
83 FR 45650 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Application for Land for Recreation or Public PurposesPDF
83 FR 45651 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Color-of-Title ApplicationPDF
83 FR 45692 - Exelon Generation Company, LLC; Peach Bottom Atomic Power Station, Units 2 and 3PDF
83 FR 45631 - Memorandum of Understanding Addressing Certain Distributions of Compounded Drug Products Between the States and the Food and Drug Administration; Revised Draft; AvailabilityPDF
83 FR 45617 - Notice of Intent To Grant Exclusive Patent License; Duchak Ventures, LLCPDF
83 FR 45550 - Airworthiness Directives; Airbus SAS AirplanesPDF
83 FR 45578 - Airworthiness Directives; Airbus Helicopters Deutschland GmbH HelicoptersPDF
83 FR 45580 - Airworthiness Directives; MD Helicopters Inc. HelicoptersPDF
83 FR 45545 - Airworthiness Directives; Airbus HelicoptersPDF
83 FR 45574 - Policy to Encourage Trial Disclosure ProgramsPDF
83 FR 45582 - Rescission of Guides for the Nursery IndustryPDF
83 FR 45758 - 2018-2019 Refuge-Specific Hunting and Sport Fishing RegulationsPDF
83 FR 45535 - Common Crop Insurance Regulations; Sugar Beet Crop Insurance ProvisionsPDF
83 FR 45539 - Airworthiness Directives; Airbus SAS AirplanesPDF
83 FR 45548 - Airworthiness Directives; the Boeing Company AirplanesPDF

Issue

83 175 Monday, September 10, 2018 Contents Agriculture Agriculture Department See

Federal Crop Insurance Corporation

Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Theft or Loss of Explosives, 45683-45684 2018-19573 Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits, 45683 2018-19574 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Policy to Encourage Trial Disclosure Programs, 45574-45578 2018-19385 Centers Disease Centers for Disease Control and Prevention NOTICES Guidance: Diagnosis and Management of Mild Traumatic Brain Injury Among Children, 45629-45630 2018-19536 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45630-45631 2018-19561 Civil Rights Civil Rights Commission NOTICES Meetings: Michigan Advisory Committee, 45594-45595 2018-19503 New Jersey Advisory Committee, 45594 2018-19585 Coast Guard Coast Guard RULES Safety Zones: Boston Harbor's Improvement Dredging Project, Boston, MA, 45571-45573 2018-19518 Helocast Water Insertion Operation; Black River Bay, Sackets Harbor, NY, 45569-45571 2018-19562 Upper Mississippi River Mile Markers 824 to 832, St. Paul, MN, 45567-45569 2018-19511 PROPOSED RULES Safety Zones: Coast Guard Sector New Orleans Annual and Recurring Safety Zones Update, 45584-45587 2018-19588 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45645-45646 2018-19512 C1--2018--19326 Commerce Commerce Department See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45595 2018-19504
Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Performance-Based Payments and Progress Payments, 45592-45593 2018-19690 Defense Department Defense Department See

Defense Acquisition Regulations System

See

Navy Department

Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Literacy Program Evaluation: Striving Readers Implementation Study, 45617-45618 2018-19466 Draft Policy Statements: Developing Student Achievement Levels for National Assessment of Educational Progress, 45618-45619 2018-19650 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Meetings: International Energy Agency, 45619 2018-19582
Environmental Protection Environmental Protection Agency PROPOSED RULES Public Hearings: Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program, 45588-45589 2018-19505 State Plans for Designated Facilities and Pollutants; Approvals and Promulgations New York, 45589-45592 2018-19598 Farm Credit Farm Credit Administration NOTICES Equal Employment Opportunity and Diversity, 45625-45627 2018-19545 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 45545-45548 2018-19431 Airbus SAS Airplanes, 45539-45545, 45550-45554 2018-18907 2018-19437 The Boeing Company Airplanes, 45548-45550 2018-18740 Revocation of Class E Airspace: Springfield, OH, 45554-45555 2018-19475 PROPOSED RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH Helicopters, 45578-45580 2018-19436 MD Helicopters Inc. Helicopters, 45580-45582 2018-19435 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45684-45685 2018-19520 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Law Enforcement Officers Killed and Assaulted Program, Analysis of Officers Feloniously Killed and Assaulted, etc., 45685 2018-19519 Federal Crop Federal Crop Insurance Corporation RULES Common Crop Insurance Regulations; Sugar Beet Crop Insurance Provisions, 45535-45539 2018-19152 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships, 45627 2018-19507 2018-19508 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 45621-45625 2018-19552 2018-19559 Environmental Site Reviews: Pacific Gas and Electric Co. and City of Santa Clara, 45623 2018-19560 Institution of Section 206 Proceedings: Essential Power Rock Springs, LLC, 45620-45621 2018-19558 Meetings: Nevada Irrigation District; Teleconference, 45623-45624 2018-19551 Permit Applications: New England Hydropower Co., LLC, 45623 2018-19553 Petitions for Declaratory Orders: NorthWestern Corp.; Beaver Creek Wind I, LLC; Beaver Creek Wind II, LLC; Beaver Creek Wind III, LLC; Beaver Creek Wind IV, LLC, 45625 2018-19556 Records Governing Off-the-Record Communications, 45619-45620 2018-19557 Staff Attendances, 45620 2018-19555 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 45627-45628 2018-19467 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License Standards: Daimler Trucks North America (Daimler), 45742-45744 2018-19636 Qualification of Drivers; Exemption Applications: Diabetes, 45726-45728 2018-19632 Diabetes Mellitus, 45728-45734, 45736-45742 2018-19627 2018-19630 Epilepsy and Seizure Disorders, 45723-45726, 45734-45736 2018-19643 2018-19644 2018-19645 Hearing, 45744-45747, 45753 2018-19563 2018-19564 2018-19575 Vision, 45747-45753 2018-19576 2018-19579 2018-19581 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 45628 2018-19566 Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities, 45628 2018-19567 Federal Trade Federal Trade Commission RULES Premerger Notification; Reporting and Waiting Period Requirements, 45555-45567 C2--2018--14378 PROPOSED RULES Rescission of Guides for Nursery Industry, 45582-45584 2018-19227 Fish Fish and Wildlife Service RULES 2018-2019 Refuge-Specific Hunting and Sport Fishing Regulations, 45758-45810 2018-19173 Food and Drug Food and Drug Administration NOTICES Meetings: Identifying Root Causes of Drug Shortages and Finding Enduring Solutions, 45640-45642 2018-19612 Memorandums of Understanding: Certain Distributions of Compounded Drug Products Between States and Food and Drug Administration; Revised Draft, 45631-45640 2018-19461 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 45754-45755 2018-19469 2018-19590 General Services General Services Administration NOTICES Meetings: World War One Centennial Commission, 45628-45629 2018-19491 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

Homeland Homeland Security Department See

Coast Guard

See

U.S. Customs and Border Protection

Housing Housing and Urban Development Department NOTICES Meetings: Moving To Work Research Advisory Committee, 45649-45650 2018-19646 Industry Industry and Security Bureau NOTICES Change in Comment Deadline for Section 232 National Security Investigation of Imports of Uranium, 45595-45596 2018-19651 Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions From the People's Republic of China, 45609-45611 2018-19571 Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China, 45611-45613 2018-19572 Initiation of Administrative Reviews, 45596-45607 2018-19570 Wooden Bedroom Furniture From the People's Republic of China, 45607-45609 2018-19569 International Trade Com International Trade Commission NOTICES Appointment of Administrative Law Judges for Section 337 Investigations, 45678-45679 2018-19584 Complaints: Certain Strength-Training Systems and Components Thereof, 45677-45678 2018-19500 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Access Control Systems and Components Thereof, 45676-45677 2018-19498 Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof, 45679-45681 2018-19499 Certain Wireless Mesh Networking Products and Related Components Thereof, 45681-45682 2018-19587 Meetings; Sunshine Act, 45677, 45679 2018-19703 2018-19704 Justice Department Justice Department See

Alcohol, Tobacco, Firearms, and Explosives Bureau

See

Federal Bureau of Investigation

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Coal Lease Request, 45685-45686 2018-19516
Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Land for Recreation or Public Purposes, 45650-45651 2018-19464 Color-of-Title Application, 45651-45652 2018-19463 Alaska Native Claims Selection, 45652 2018-19465 National Archives National Archives and Records Administration PROPOSED RULES Electronic records, 45587-45588 2018-19497 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 45686 2018-19589 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Humanities

National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 45642-45645 2018-19483 2018-19484 2018-19485 National Institute on Aging, 45643 2018-19481 Office of the Director, 45643-45644 2018-19482 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Mid-Atlantic Fishery Management Council, 45614-45615 2018-19479 New England Fishery Management Council, 45615-45617 2018-19474 Ocean Exploration Advisory Board, 45615 2018-19470 Pacific Fishery Management Council, 45613-45614 2018-19473 Western Pacific Fishery Management Council, 45614 2018-19480 National Park National Park Service NOTICES Inventory Completions: Alfred W. Bowers Laboratory of Anthropology, University of Idaho, Moscow, ID, Museum of the Rockies at Montana State University, Bozeman, MT, 45653-45654 2018-19540 American Museum of Natural History, New York, NY, 45667-45669 2018-19532 Children's Museum of Oak Ridge, Oak Ridge, TN, 45666 2018-19533 Federal Bureau of Investigation, Washington, DC, 45671-45672 2018-19541 Haffenreffer Museum of Anthropology, Brown University, Bristol, RI, 45661-45662 2018-19527 Heard Museum, Phoenix, AZ, 45673-45675 2018-19523 2018-19542 Office of the State Archeologist, University of Iowa, Iowa City, IA, and Coe College, Cedar Rapids, IA, 45672-45673 2018-19531 San Diego Museum of Man, San Diego, CA, 45660 2018-19522 State Historical Society of North Dakota, Bismarck, ND, 45663-45664 2018-19543 U.S. Department of Agriculture, Forest Service, Boise National Forest, Boise, ID, 45658-45659 2018-19528 U.S. Department of Agriculture, Forest Service, Kootenai National Forest, Lincoln County, MT, 45672 2018-19530 U.S. Department of the Interior, Bureau of Indian Affairs, Washington, DC, 45657-45658 2018-19534 U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Regional Office, Sacramento, CA, 45655-45656 2018-19529 University of Michigan, Ann Arbor, MI, 45662-45663 2018-19544 University of Oregon Museum of Natural and Cultural History, Eugene, OR, 45652-45653, 45655-45657, 45664-45666, 45669-45670, 45675-45676 2018-19524 2018-19525 2018-19526 2018-19535 2018-19537 2018-19538 2018-19539 Navy Navy Department NOTICES Exclusive Patent Licenses; Approvals: Duchak Ventures, LLC, 45617 2018-19446 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45695-45696 2018-19472 Environmental Impact Statements; Availability, etc.: Exelon Generation Co., LLC; Peach Bottom Atomic Power Station, Units 2 and 3, 45692-45694 2018-19462 Indirect Transfer of License: Dominion Energy, Inc., and SCANA Corp.; Virgil C. Summer Nuclear Station, Units 1, 2, and 3, and ISFSI, 45687-45688 2018-19578 License Amendment: Virgil C. Summer Nuclear Station, Unit No. 1, 45688-45692 2018-19583 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Plant License Renewal, 45694 2018-19591 Meetings; Sunshine Act, 45694 2018-19652 Personnel Personnel Management Office NOTICES Excepted Service, 45696-45701 2018-19495 2018-19496 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 45720-45721 2018-19647 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 45701-45706 2018-19502 Options Clearing Corp., 45706-45720 2018-19501 Small Business Small Business Administration NOTICES Disaster Declarations: Minnesota, 45721 2018-19610 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 45721-45722 2018-19510 Releases of Waybill Data, 45722-45723 2018-19521 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

Treasury Treasury Department See

Foreign Assets Control Office

Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Bennett Testing Service, Inc. Rahway, NJ, 45648 2018-19611 Inspectorate America Corp. (Savannah, GA), 45647-45648 2018-19615 Intertek USA, Inc. Gonzalez, LA, 45646-45647 2018-19613 Meetings: Commercial Customs Operations Advisory Committee, 45648-45649 2018-19614 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 45758-45810 2018-19173 Reader Aids

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

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83 175 Monday, September 10, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR part 457 [Docket No. FCIC-18-0001] RIN 0563-AC55 Common Crop Insurance Regulations; Sugar Beet Crop Insurance Provisions AGENCY:

Federal Crop Insurance Corporation, USDA.

ACTION:

Final rule with request for comments.

SUMMARY:

The Federal Crop Insurance Corporation (FCIC) amends the Common Crop Insurance Regulations, Sugar Beet Crop Insurance Provisions (Crop Provisions). The intended effect of this action is to update existing policy provisions and definitions to better reflect current agricultural practices. The changes will be effective for the 2019 and succeeding crop years in states with a November 30 contract change date and for the 2020 and succeeding crop years in all other states.

DATES:

This final rule is effective November 30, 2018. However, FCIC will accept written comments on this final rule until close of business October 10, 2018. FCIC will consider these comments and make changes to the rule if warranted.

ADDRESSES:

FCIC prefers that interested persons submit comments electronically through the Federal eRulemaking Portal. Interested persons may submit comments, identified by Docket ID No. FCIC-18-0001, by any of the following methods:

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

Mail: Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, P.O. Box 419205, Kansas City, MO 64133-6205.

All comments received, including those received by mail, will be posted without change to http://www.regulations.gov, including any personal information provided. Once these comments are posted to this website, the public can access all comments at its convenience from this website. All comments must include the agency name and docket number or Regulatory Information Number (RIN) for this rule. For detailed instructions on submitting comments and additional information, see http://www.regulations.gov. If interested persons are submitting comments electronically through the Federal eRulemaking Portal and want to attach a document, FCIC requests use of a text-based format. If interested persons wish to attach a document that is a scanned Adobe PDF file, it must be scanned as text and not as an image, thus allowing FCIC to search and copy certain portions of the submissions. For questions regarding attaching a document that is a scanned Adobe PDF file, please contact the Risk Management Agency (RMA) Web Content Team at (816) 823-4694 or by email at [email protected]

Privacy Act: Anyone is able to search the electronic form of all comments received for any dockets by the name of the person submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Interested persons may review the complete User Notice and Privacy Notice for Regulations.gov at http://www.regulations.gov/#!privacyNotice.

FOR FURTHER INFORMATION CONTACT:

Chandra Mason, Chief, Policy Administration Branch, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141-6205, telephone (816) 926-7730.

SUPPLEMENTARY INFORMATION:

Background

FCIC amends the Common Crop Insurance Regulations (7 CFR part 457) by revising 7 CFR 457.109 Sugar Beet Crop Insurance Provisions (Crop Provisions), to be effective for the 2019 and succeeding crop years in states with a November 30 contract change date and for the 2020 and succeeding crop years in all other states. The intended effect of this action is to update existing policy provisions and definitions to better reflect current agricultural practices.

The changes are as follows:

1. FCIC is removing the paragraph immediately preceding section 1, which refers to the order of priority if a conflict exists among the policy provisions. This same provision is contained in the Basic Provisions. Therefore, the appearance here is duplicative and should be removed from the Crop Provisions.

2. FCIC is removing parentheticals identifying the titles of sections of the Basic Provisions throughout the Crop Provisions as the parenthetical section name is unnecessary and removing these titles will prevent FCIC from having to revise the Crop Provisions should these section titles change in the Basic Provisions.

3. Section 1—FCIC is revising the definition of “Crop Year.” The previous definition required a reference to specific counties, as the crop year was defined differently for several California counties. In 2013, the actuarial information that made insurance available was removed from all California counties except Imperial County, which has the same definition of “crop year” as used in all remaining insurable states and counties. Consequently, the revised definition removes references to specific counties such that all insurable counties have the same definition of “crop year.”

FCIC is removing the definition of “Local Market Price” as this term is no longer used in the Crop Provisions.

FCIC is revising the definition of “Practical to Replant.” FCIC is removing those provisions that are duplicative of the definition in the Basic Provisions and leaves the requirement that it is practical to replant if the terms of the processor contract can be met.

FCIC is adding a definition of “Processor Contract” and removing the definition of “Sugar Beet Processor Contract.” FCIC has identified several different Crop Provisions contain a variation of a definition for a “processor contract,” which has created ambiguity across Crop Provisions, and poses challenges for insurance providers to administer the program consistently across different crops. The definition of “processor contract” matches the definition found in other Crop Provisions, in order to improve standardization of language regarding use of contracts across crop insurance programs. References throughout the Crop Provisions will be revised accordingly. The new definition also requires that contracts be executed by the acreage reporting date, which is consistent with all other crop insurance policies that insure contract crops. Contracts must be executed by the acreage reporting date so that liabilities and prices can be established for the purpose of determining guarantees and premium.

FCIC is removing the definition of “Production Guarantee (per acre).” The definition is contained in the Basic Provisions. This definition was previously necessary due to inclusion of stage guarantees, which, as stated below, have been removed from the policy. Further, as stated below, section 3 specifies that the production guarantee is expressed in pounds of raw sugar.

FCIC is removing the definitions of “Standardized Ton” and “Ton.” The definitions are no longer necessary, since, as stated below, FCIC is changing the basis of insurance from “tons” to “pounds of raw sugar” in section 3(c).

FCIC is removing the definition of “Thinning” as this term is no longer used in the Crop Provisions.

4. Section 3—FCIC is revising the basis of insurance from “standardized tons” to “pounds of raw sugar.” This change is made to align the policy with the current sugar beet industry standard for payment. All references to the basis of insurance throughout the Crop Provisions will consequently be revised.

FCIC is removing stage guarantees from the policy. FCIC had previously offered an option to obtain coverage without the stage guarantees for an additional premium. FCIC has observed an increasing number of sugar beet producers electing the stage removal option, such that very few producers have coverage with stage guarantees. Removal of stage guarantees from the policy will better reflect the risk management needs of producers and simplify their existing coverage options. Premiums will be revised to reflect the removal of the stage guarantees from the policy.

5. Section 4—FCIC is removing references to a July 15 contract change date because, since 2013, this date was removed from the actuarial information for all counties. Additionally, FCIC proposes to edit the remaining date references to apply to states instead of counties. The edit does not change any county dates, merely provides consistency in reference to states or counties within the Crop Provisions and actuarial documents.

6. Section 5—FCIC is removing the table of county-specific cancellation and termination dates since many of the counties with differing cancellation and termination dates no longer have insurance for sugar beets. With the removal of insurance from these counties, there are only two remaining cancellation and termination dates, so the provisions have been revised to only refer to these dates. The revision will not result in any changed dates for counties where insurance for sugar beets is currently available.

7. Section 6—FCIC is removing and reserving this section. With the removal of stage guarantees, this section is no longer necessary. The premium computation method appears in the Basic Provisions and will reflect this removal.

8. Section 7—In section 7(b)(2), FCIC is replacing “duly promulgated” with “executed and adopted” and “sets forth” with “contains.” FCIC is also adding the modifier “corporate” to “resolution.” This revised terminology uses more common language, makes clear the connection to later uses of the term “corporate resolution,” and provides consistency with other Crop Provisions.

9. Section 8—FCIC is removing the parenthetical in 8(b) referring to counties without a final planting date because all insurable counties now have a specified final planting date.

10. Section 9—FCIC is removing the list of end of insurance dates by geographic region and instead referring to the calendar date shown in the actuarial documents for the end of the insurance period. This change will simplify the provision and allow FCIC to timely provide area-specific dates, allow for future program expansion, and provide greater flexibility to adjust end of insurance period dates to new or evolving regional conditions as needed in the future.

11. Section 11—In section 11(b), FCIC is removing the formula for calculating a replanting payment and replacing it with the phrase “dollar amount of the replant payment is specified in the Special Provisions” because the costs for replanting the crop may vary by county or region and this change gives FCIC the flexibility to ensure that the costs of replanting are reflected in the actuarial documents and adjusted as needed.

12. Section 12—FCIC is decapitalizing the words “in the” in the section heading for consistency throughout these Crop Provisions. In section 12(b), FCIC is adding a comma after “processor contract” to separate the two requirements. This change provides clarity on the issue of provision of contracts or corporate resolutions for specific entity types: For non-processors, a processor contract is required. For insureds who are also processors, a corporate resolution is required.

13. Section 13—In section 13(c)(1)(iii) FCIC is removing the parenthetical following the term “unharvested production,” which is no longer necessary due to the use of pounds of raw sugar as the basis of insurance, removal of stage guarantees, and the inclusion of an early harvest factor.

FCIC is removing section 13(c)(1)(iv), which is unnecessary due to the removal of stage guarantees. This also results in the redesignation of section 13(c)(1)(v) as section 13(c)(1)(iv).

In section 13(d) and (e), FCIC is revising the language to clarify the determination of production to count by referring to pounds of raw sugar and including the use of the raw sugar percentage specified in the Special Provisions only if a sugar test is not performed or is not deemed acceptable.

FCIC is adding a new subsection (f) to allow for an “early harvest factor.” The addition of this factor comes in response to a lack of clarity in the event of the periodic decisions by sugar beet processors to request a portion of their contracted acres be harvested early. In these events, the actual harvested beets are often lower in weight and sugar content, resulting in what could appear to be a production loss. This provision provides more clear guidance for insurance providers in the event of early harvested acres and eliminates the unnecessary reduction in grower APH. The adjustment for early harvest will not be made if the sugar beets are damaged by an insurable cause of loss and leaving the crop in the field would reduce production, and cannot result in a production to count in excess of the insured's actual production history. Further, the adjustment will only be made in the event that the portion of a unit harvested early exceeds a percentage of acreage threshold specified in the actuarial documents.

14. Section 14—FCIC is removing and reserving this section. This section was necessary because of the distinction between certain counties in California. Now that insurance is no longer available in those counties, the provision is no longer necessary and the late planting provisions in the Basic Provisions will apply.

15. Section 15—FCIC is removing section 15(a), because insurance is no longer available for those counties that previously had a July 15 contract change date.

Effective Date

The FCIC is issuing this final rule without opportunity for prior notice and comment. The Administrative Procedure Act (APA) exempts rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts” from the statutory requirement for prior notice and opportunity for public comment (5 U.S.C. 553(a)(2)). A Federal crop insurance policy is a contract and is thus exempt from APA notice-and-comment procedures. Previously, changes made to the Federal crop insurance policies codified in the Code of Federal Regulations were required to be implemented through the notice-and-comment rulemaking process. Such action was not required by the APA, which exempts contracts. Rather, the requirement originated with a notice USDA published in the Federal Register on July 24, 1971 (36 FR 13804), stating that the Department of Agriculture would, to the maximum extent practicable, use the notice-and-comment rulemaking process when making program changes, including those involving contracts. FCIC complied with this notice over the subsequent years. On October 28, 2013, USDA published a notice in the Federal Register (78 FR 64194) rescinding the prior notice, thereby making contracts again exempt from the notice-and-comment rulemaking process. This exemption applies to the 30-day notice prior to implementation of a rule. Therefore, the policy changes made by this final rule are effective upon publication in the Federal Register.

However, FCIC is providing a 30-day comment period and invites interested persons to participate in this rulemaking by submitting written comments. FCIC will consider the comments received and may conduct additional rulemaking based on the comments.

The changes will be effective for the 2019 and succeeding crop years in states with a November 30 contract change date and for the 2020 and succeeding crop years in all other states.

Executive Orders 12866, 13563, 13771 and 13777

Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” established a federal policy to alleviate unnecessary regulatory burdens on the American people. The Office of Management and Budget (OMB) designated this rule as not significant under Executive Order 12866, “Regulatory Planning and Review,” and, therefore, OMB has not reviewed this rule. The rule is not subject to Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs.”

Paperwork Reduction Act of 1995

Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, subchapter I), the collections of information in this rule have been approved by OMB under control number 0563-0053.

E-Government Act Compliance

FCIC is committed to complying with the E-Government Act of 2002, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.

Executive Order 13132

It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

Executive Order 13175

This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes. FCIC has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under E.O. 13175. If a Tribe requests consultation, FCIC will work with the Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified herein are not expressly mandated by Congress.

Regulatory Flexibility Act

FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Program requirements for the Federal crop insurance program are the same for all producers regardless of the size of their farming operation. For instance, all producers are required to submit an application and acreage report to establish their insurance guarantees and compute premium amounts, and all producers are required to submit a notice of loss and production information to determine the indemnity amount for an insured cause of crop loss. Whether a producer has 10 acres or 1000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act (FCIA) authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure that small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have a significant impact on a substantial number of small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605).

Federal Assistance Program

This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450.

Executive Order 12372

This program is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. See 2 CFR part 415, subpart C.

Executive Order 12988

This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC or action by FCIC directing the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought.

Environmental Evaluation

This action is not expected to have a significant economic impact on the quality of the human environment, health, or safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed.

List of Subjects in 7 CFR Part 457

Crop insurance, Sugar Beet, Reporting and recordkeeping requirements.

Final Rule

Accordingly, as set forth in the preamble, FCIC amends 7 CFR part 457 effective for the 2019 and succeeding crop years in states with a November 30 contract change date and for the 2020 and succeeding crop years in all other states as follows:

PART 457—COMMON CROP INSURANCE REGULATIONS 1. The authority citation for part 457 continues to read as follows: Authority:

7 U.S.C. 1506(l), 1506(o).

2. Amend § 457.109 as follows: a. In the introductory text remove the phrase “for the 2017 and succeeding crop years in counties with a contract change date of November 30, and for the 2018 and succeeding crop years in counties with a contract change date of April 30” and add the phrase “for effective for the 2019 and succeeding crop years in states with a November 30 contract change date and for the 2020 and succeeding crop years in all other states.” in its place; b. Remove the undesignated paragraph immediately following the heading “Sugar Beet Crop Provisions”; c. In section 1: i. Revise the definition of “crop year”; ii. Remove the definition of “local market price”; iii. Revise definition of “practical to replant”; iv. Add a definition of “processor contract” in alphabetical order; and v. Remove the definitions of “production guarantee (per acre)”, “standardized ton”, “sugar beet processor contract”, “thinning”, and “ton”; d. In section 2 remove the term “sugar beet” in all three instances; e. Revise sections 3 through 5: f. Remove and reserve section 6; g. In section 7: i. In paragraph (a) introductory text, remove the parenthetical “(Insured Crop)”; and ii. Revise paragraphs (a)(3) and (b)(2); h. In section 8: i. In the introductory text, remove the parenthetical “(Insurable Acreage)”; and ii. In paragraph (b) remove the parenthetical “(or within 30 days of initial planting for those counties without a final planting date)”; i. Revise section 9; j. In section 10 introductory text, remove the parenthetical “(Causes of Loss)”; k. In section 11: i. In paragraph (a), remove the parenthetical “(Replanting Payment)” and the term “final stage”; and ii. Revise paragraph (b); l. In section 12: i. In the introductory text, remove parenthetical “(Duties in the Event of Damage or Loss)”; and ii. Revise paragraph (b); m. In section 13: i. In paragraph (c) introductory text, remove the parenthetical “(in standardized tons)”; ii. In paragraph (c)(1)(iii), remove the parenthetical “(unharvested production that is appraised prior to the earliest delivery date that the processor accepts harvested production will not be eligible for a conversion to standardized tons in accordance with section 13 (d) and (e))”; iii. Remove paragraph (c)(1)(iv); iv. Redesignate paragraph (c)(1)(v) as (c)(1)(iv); v. Revise paragraphs (d) and (e); and vi. Add paragraph (f); n. Remove and reserve section 14; and o. Revise section 15.

The revisions and additions read as follows:

§ 457.109 Sugar Beet Crop Insurance Provisions.

1. Definitions

Crop year. The period within which the sugar beets are normally grown, which is designated by the calendar year in which the sugar beets are normally harvested.

Practical to replant. In addition to the definition in section 1 of the Basic Provisions, it will not be considered practical to replant if production from the replanted acreage cannot be delivered under the terms of the processor contract, or 30 days after the initial planting date for all counties where a late planting period is not applicable, unless replanting is generally occurring in the area.

Processor contract. A written agreement between you and the processor, executed on or before the acreage reporting date, which is in effect for the crop year, containing at a minimum:

(1) Your commitment to plant, grow, and deliver the sugar beet production to the processor;

(2) The processor's commitment to purchase the production stated in the contract; and

(3) A price or formula for a price based on third party data that will be paid to you for the production stated in the contract.

3. Insurance Guarantees, Coverage Levels, and Prices for Determining Indemnities.

(a) In addition to the requirements of section 3 of the Basic Provisions, you may select only one price election for all the sugar beets in the county insured under this policy.

(b) The production guarantee will be expressed in pounds of raw sugar.

4. Contract Changes

In accordance with the provisions of section 4 of the Basic Provisions, the contract change date is April 30 preceding the cancellation date for California and November 30 preceding the cancellation date for all other states.

5. Cancellation and Termination Dates

In accordance with section 2 of the Basic Provisions, the cancellation and termination dates are August 31 for California and March 15 for all other states.

7. Insured Crop

(a) * * *

(3) That are grown under a contract and are not excluded from the processor contract at any time during the crop year; and

(b) * * *

(2) The Board of Directors or officers of the processor must have adopted and executed a corporate resolution that contains essentially the same terms as a processor contract. Such corporate resolution will be considered a processor contract under the terms of the sugar beet crop insurance policy;

9. Insurance Period

In accordance with section 11 of the Basic Provisions, the dates for the end of insurance period are contained in the actuarial documents.

11. Replanting Payments

(b) The dollar amount of the replant payment is specified in the Special Provisions.

12. Duties in the Event of Damage or Loss

(b) You must provide a copy of your processor contract, or corporate resolution if you are the processor.

13. Settlement of Claim

(d) Harvested production or unharvested production that is appraised after the earliest delivery date that the processor accepts harvested production and that meets the minimum acceptable standards contained in the processor contract or corporate resolution will be converted to pounds of raw sugar by multiplying the tons of such production by 2,000 and by the average percentage of raw sugar to determine the production to count. The average percentage of raw sugar will be determined from tests performed by the processor at the time of delivery.

(1) If individual tests of raw sugar content are not made at the time of delivery, the average percent of raw sugar may be based on the results of previous tests performed by the processor during the crop year if it is determined that such results are representative of the total production.

(2) If not representative, the average percent of raw sugar will equal the raw sugar content percent shown in the Special Provisions.

(e) Harvested production or unharvested production that is appraised after the earliest delivery date that the processor accepts harvested production and that does not meet the minimum acceptable standards contained in the processor contract or corporate resolution due to an insured peril will be converted to pounds of raw sugar by multiplying the tons of such damaged production by 2,000 and by the average percent of raw sugar contained in such production.

(1) If individual tests of raw sugar content are not made at the time of delivery, the average percent of raw sugar may be based on the results of previous tests performed by the processor during the crop year if it is determined that such results are representative of the total production.

(2) If not representative, the average percent of raw sugar will equal the raw sugar content percent shown in the Special Provisions.

(f) Production lost due to harvest prior to full maturity. If the percentage of insured acreage in the unit harvested prior to full maturity exceeds the threshold specified in the actuarial documents, production to count from such acreage will be determined by increasing the amount of harvested production by 1 percent per day for each day the sugar beets were harvested prior to the date the sugar beets would have reached full maturity.

(1) The date the sugar beets would have reached full maturity will be considered to be 45 days prior to the calendar date for the end of the insurance period, unless otherwise specified in the Special Provisions.

(2) This adjustment will not be made if the sugar beets are damaged by an insurable cause of loss and leaving the crop in the field would reduce production.

(3) The adjustment cannot result in production to count in excess of the insured's actual production history;

15. Prevented Planting

Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents.

Martin R. Barbre, Manager, Federal Crop Insurance Corporation.
[FR Doc. 2018-19152 Filed 9-7-18; 8:45 am] BILLING CODE 3410-08-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0454; Product Identifier 2017-NM-056-AD; Amendment 39-19387; AD 2018-18-08] RIN 2120-AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-200 Freighter series airplanes, Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes. This AD was prompted by reports of cracked slat tracks at the location of the front stop attachment to the track. This AD requires a detailed inspection, repetitive special detailed inspections, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective October 15, 2018.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 15, 2018.

ADDRESSES:

For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: [email protected]; internet: http://www.airbus.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0454.

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-2018-0454; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is in the ADDRESSES section.

FOR FURTHER INFORMATION CONTACT:

Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3229.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus SAS Model A330-200 Freighter series airplanes, Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes. The NPRM published in the Federal Register on May 29, 2018 (83 FR 24427). The NPRM was prompted by reports of cracked slat tracks at the location of the front stop attachment to the track. The NPRM proposed to require a detailed inspection, repetitive special detailed inspections, and corrective actions if necessary.

We are issuing this AD to address cracked slat tracks which could affect the structural integrity of the slat surface, possibly leading to detachment of an outer or inner slat surface, and resulting in reduced control of the airplane.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017-0060, dated April 7, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus SAS Model A330-200 Freighter series airplanes; Model A330-200 and -300 series airplanes; and Model A340-200 and -300 series airplanes. The MCAI states:

Several cases of cracked slat tracks at the location of front stop attachment to track have been reported by operators. Analysis of the affected slat tracks (Airbus pre-modification (mod) 45967 design) revealed that induced torque loads during normal installation of the front stop, in combination with an incorrect shaft length of the attachment bolts and geometry of the front stop, are the root cause.

This condition, if not detected and corrected, would affect the structural integrity of the slat surface, which could lead to detachment of an outer or inner slat surface, possibly resulting in reduced control of the aeroplane and/or injury to persons on the ground.

To address this potential unsafe condition, Airbus issued Service Bulletin (SB) A330-57-3123 and SB A340-57-4130, to provide inspection instructions.

For the reasons described above, this [EASA] AD requires a one-time detailed inspection (DET) of the front stop lateral and aft surfaces [for marks (dents or scratches),] and repetitive special detailed inspections (SDI) of the front stop attachment areas, of slat tracks number (No.) 5 to No. 16 inclusive, both left hand (LH) and right hand (RH) wings [for cracks], and, depending on findings, accomplishment of applicable corrective action(s) [corrective actions include rework, repair, and slat rigging].

This [EASA] AD also includes reference to an optional modification (Airbus mod 205378) of the affected slat tracks, for which the associated SBs (SB A330-57-3126 and SB A340-57-4133, as applicable) are expected to become available in July 2017, which constitutes terminating action for the repetitive inspections required by this [EASA] AD.

You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0454.

Comments

We gave the public the opportunity to participate in developing this final rule. We received no comments on the NPRM or on the determination of the cost to the public.

Conclusion

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

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

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

Related Service Information Under 1 CFR Part 51

Airbus has issued Service Bulletin A330-57-3123, Revision 01, dated September 27, 2017; and Service Bulletin A340-57-4130, Revision 01, dated September 27, 2017. This service information describes procedures for a detailed inspection of the front stop lateral and aft surfaces for marks (dents or scratches), repetitive special detailed inspections of the front stop attachment areas, of slat track numbers 5 to 16 inclusive, both LH and RH wings for cracks, and corrective actions. These documents are distinct since they apply to different airplane models.

Airbus has also issued Service Bulletin A330-57-3126, dated December 21, 2017; and Service Bulletin A340-57-4133, dated December 21, 2017. This service information describes procedures for modification of all affected slat tracks on an airplane. These documents are distinct since they apply to different airplane models.

This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 101 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Detailed Inspection 25 work-hours × $85 per hour = $2,125 $0 $2,125 $214,625. Special Detailed Inspection 25 work-hours × $85 per hour = $2,125 per inspection cycle 0 $2,125 per inspection cycle $214,625 per inspection cycle. Reporting 1 work-hour × $85 per hour = $85 per inspection cycle 0 $85 per inspection cycle $8,585 per inspection cycle. Modification 49 work-hours × $85 per hour = $4,165 8,150 $12,315 $1,243,815.

    We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD.

    Paperwork Reduction Act

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

    Authority for This Rulemaking

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

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

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division.

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-18-08 Airbus SAS: Amendment 39-19387; Docket No. FAA-2018-0454; Product Identifier 2017-NM-056-AD. (a) Effective Date

    This AD is effective October 15, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), (c)(4), and (c)(5) of this AD, certificated in any category, all manufacturer serial numbers.

    (1) Airbus SAS Model A330-223F and -243F airplanes.

    (2) Airbus SAS Model A330-201, -202, -203, -223, and -243 airplanes.

    (3) Airbus SAS Model A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.

    (4) Airbus SAS Model A340-211, -212, -213 airplanes.

    (5) Airbus SAS Model A340-311, -312, and -313 airplanes.

    (d) Subject

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

    (e) Reason

    This AD was prompted by reports of cracked slat tracks at the location of the front stop attachment to the track. We are issuing this AD to detect and correct cracked slat tracks which could affect the structural integrity of the slat surface, possibly leading to detachment of an outer or inner slat surface, and resulting in reduced control of the airplane.

    (f) Compliance

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

    (g) Definitions

    (1) For the purpose of this AD, “affected slat track” is defined as a pre-modification 45967 slat track, located at the wing positions as indicated in figure 1 to paragraph (g) of this AD, and having a part number specified in figure 2 to paragraph (g) of this AD. In case the part number identification (ID) plate is missing or cannot be read, the slat track can be identified by the ink marking. If the operator cannot determine the part number, then that airplane is in Group 1.

    (2) For the purpose of this AD: Group 1 airplanes are those that, on the effective date of this AD, have an affected slat track installed. Group 2 airplanes are those that, on the effective date of this AD, do not have any affected slat track installed.

    BILLINGCODE 4910-13-P ER10SE18.000 ER10SE18.001 (h) One-Time Detailed Inspection and Repetitive Special Detailed Inspections

    For Group 1 airplanes: At the applicable times specified in figure 3 to paragraph (h) of this AD, do a detailed inspection of the front stop lateral and aft surfaces, and do a special detailed inspection of the front stop attachment areas of each affected slat track, both right hand (RH) and left hand (LH) wings, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3123, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; or Airbus Service Bulletin A340-57-4130, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; as applicable. Thereafter, repeat the special detailed inspection for the front stop attachment areas of each affected slat track, both RH and LH wings, at intervals not to exceed the applicable compliance times specified in figure 4 to paragraph (h) of this AD.

    ER10SE18.002 ER10SE18.003 BILLINGCODE 4910-13-C (i) Corrective Actions

    (1) If, during any special detailed inspection required by paragraph (h) of this AD, any crack is detected at the front stop attachment area of an affected slat track: Before further flight, obtain corrective action instructions approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus SAS's EASA Design Organization Approval (DOA), and accomplish them within the compliance time specified therein. If approved by the DOA, the approval must include the DOA-authorized signature.

    (2) If, during any inspection required by paragraph (h) of this AD, marks (dents or scratches) are found on the front stop lateral or aft surfaces of an affected slat track; provided that no crack is detected; before further flight, rework the affected lateral front stop surface of that slat track, and accomplish slat rigging, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3123, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; or Airbus Service Bulletin A340-57-4130, Revision 01, including Appendixes 02 and 03, dated September 27, 2017. Accomplishment of rework or slat rigging on an airplane, as required by this paragraph, does not constitute terminating action for the repetitive special detailed inspection required by paragraph (h) of this AD.

    (3) If, during any inspection required by paragraph (h) of this AD, marks (dents or scratches) are found on the front stop lateral or aft surfaces of an affected slat track, and any crack is detected at the front stop attachment area of that slat track: Before further flight, obtain corrective action instructions approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's EASA DOA, and accomplish them within the compliance time specified therein. If approved by the DOA, the approval must include the DOA-authorized signature.

    (j) Reporting

    At the applicable time specified in paragraph (j)(1) or (j)(2) of this AD: Report the results of the inspections required by paragraph (h) of this AD to Airbus Service Bulletin Reporting Online Application on Airbus World (https://w3.airbus.com/), or submit the results to Airbus in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3123, Revision 01, including Appendixes 02 and 03, dated September 27, 2017, or Airbus Service Bulletin A340-57-4130, Revision 01, including Appendixes 02 and 03, dated September 27, 2017. The report must include the inspection results (including no findings), a description of any discrepancies found, the airplane serial number, and the number of landings and flight hours on the airplane.

    (1) If the inspection was done on or after the effective date of this AD: Submit the report within 60 days after each inspection required by paragraph (h) of this AD.

    (2) If the inspection was done before the effective date of this AD: Submit the report within 60 days after the effective date of this AD.

    (k) Optional Terminating Actions

    (1) Replacement of an affected slat track at any position with a post-modification 45967 slat track, if accomplished as part of the corrective actions specified in paragraph (i)(1) or (i)(3) of this AD, terminates the repetitive inspections required by paragraph (h) of this AD, for that slat track position.

    (2) Modification of all affected slat tracks on an airplane in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3126, including Appendixes 02 and 03, dated December 21, 2017; or Airbus Service Bulletin A340-57-4133, including Appendixes 02 and 03, dated December 21, 2017; as applicable, terminates the repetitive inspections required by paragraph (h) of this AD for that airplane, provided that, prior to modification, the affected slat tracks pass an inspection (crack free) in accordance with the instructions of Airbus Service Bulletin A330-57-3123, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; or Airbus Service Bulletin A340-57-4130, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; as applicable.

    (l) Parts Installation Limitations

    (1) Except as specified in paragraph (l)(2) of this AD: For Group 1 airplanes, after the effective date of this AD, an affected slat track may be installed, provided the installation is accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (2) After modification of a Group 1 airplane as specified in paragraph (k)(2) of this AD, no person may install an affected slat track on that airplane.

    (3) For Group 2 airplanes: As of the effective date of this AD, no person may install an affected slat track on any Group 2 airplane.

    (m) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraphs (h), (i), and (j) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A330-57-3123, dated June 14, 2016; or Airbus Service Bulletin A340-57-4130, dated June 14, 2016, provided that within 12 months after the effective date of this AD, the additional work identified in Airbus Service Bulletin A330-57-3123, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; or Airbus Service Bulletin A340-57-4130, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; as applicable, has been completed in accordance with Airbus Service Bulletin A330-57-3123, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; or Airbus Service Bulletin A340-57-4130, Revision 01, including Appendixes 02 and 03, dated September 27, 2017; as applicable.

    (n) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to the attention of the person identified in paragraph (o)(2) of this AD. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 1 work-hour per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

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

    (o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017-0060, dated April 7, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0454.

    (2) For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax 206 231 3229.

    (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (p)(3) and (p)(4) of this AD.

    (p) Material Incorporated by Reference

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

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

    (i) Airbus Service Bulletin A330-57-3123, Revision 01, dated September 27, 2017.

    (ii) Airbus Service Bulletin A330-57-3126, dated December 21, 2017.

    (iii) Airbus Service Bulletin A340-57-4130, Revision 01, dated September 27, 2017.

    (iv) Airbus Service Bulletin A340-57-4133, dated December 21, 2017.

    (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: [email protected]; internet http://www.airbus.com.

    (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

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

    Issued in Des Moines, Washington, on August 22, 2018. James Cashdollar, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-18907 Filed 9-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0613; Product Identifier 2018-SW-041-AD; Amendment 39-19391; AD 2018-18-12] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS350B, AS350B1, AS350B2, AS350B3, and AS350BA helicopters with a Pall Aerospace Corporation inlet barrier filter (IBF) element. This AD requires revising the Rotorcraft Flight Manual Supplement to prohibit operating a helicopter with an IBF element in wet weather and replacing the IBF element if wet. This AD is prompted by a forced landing after an engine flameout. The actions of this AD are intended to address an unsafe condition on these products.

    DATES:

    This AD becomes effective September 25, 2018.

    We must receive comments on this AD by November 9, 2018.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0613; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for Docket Operations (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this final rule, contact Pall Aerospace Corporation, 10540 Ridge Road, Suite 300, Newport Richey, Florida 34654; telephone 727-514-6491; email [email protected]; website www.pall.com/aerospace. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

    FOR FURTHER INFORMATION CONTACT:

    Todd Jackson, Aerospace Engineer, Atlanta ACO Branch, Compliance and Airworthiness Division, FAA, 1701 Columbia Ave., College Park, GA 30337, telephone 404-474-5567, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

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

    Discussion

    In June 2017, we received a report of an incident involving an Airbus Helicopters Model AS350B3 helicopter fitted with an IBF. The helicopter took off in heavy rain and experienced an engine flameout as the pilot increased power. The helicopter was less than 10 feet off the ground when the pilot was forced to land immediately. An inspection showed that violent water ingestion damaged six axial compressor blades. During our investigation, the FAA received additional reports of previous incidents of helicopters equipped with IBFs or induction filter installations experiencing abnormal engine operations during heavy precipitation.

    The FAA issued Special Airworthiness Information Bulletin SW-17-30, dated October 13, 2017 1 (SAIB), to warn operators that persistent or heavy rains may result in the inlet barrier filter media collecting and retaining water. The SAIB recommended the following to affected owners and operators:

    1 SAIB SW-17-30, dated October 13, 2017, may be viewed online at http://rgl/faa/gov.

    • Use IBF covers when the rotorcraft is parked or towed outside, particularly when precipitation is reported in the area;

    • During the helicopter preflight inspection, visually inspect the inlet and filter to verify that the inlet and filter medium are dry and free of accumulated moisture;

    • If the filter medium has moisture during the preflight inspection, or if the rotorcraft is operating in heavy precipitation, open the bypass doors if equipped; and

    • When operating in precipitation, sudden and rapid power transients should be avoided whenever practical.

    Action Since the SAIB Was Issued

    After the SAIB was issued, we continued to investigate this issue and determined that AD action was necessary for certain Pall Corporation IBF dry-media filter elements. Filters that have a hydrophobic coating resist water accumulation, while the dry-media filters that are the subject of this AD accumulate water. The risk of engine failure caused by the ingestion of an excessive amount of water through the IBF element results in an unsafe condition that requires AD action.

    FAA's Determination

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

    Related Service Information

    We reviewed Pall Corporation Service Information Letter CE01301F2SINFOL, Revision A, dated July 15, 2015, which recommends covering the engine inlet if the helicopter is outside while not operating. The letter also recommends conducting pre-flight inspections to ensure the engine inlet is clear of water.

    AD Requirements

    This AD requires, within 30 days, revising the rotorcraft flight manual supplement by inserting Appendix A of this AD into the limitations section.

    Differences Between This AD and the Service Information

    The service information allows for removing water and reinstalling the IBF element if there is standing water on the engine inlet. This AD prohibits operation unless the IBF element is dry.

    Interim Action

    We consider this AD to be an interim action. The design approval holder is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking.

    Costs of Compliance

    We estimate that this AD will affect 81 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect the following costs:

    • Incorporating Appendix A of this AD into the rotorcraft flight manual requires 1 work-hour and no parts for a cost of $85 per helicopter and $6,885 for the U.S. fleet.

    • Replacing the inlet barrier filter, if required, requires 2 work-hours and parts cost $3,995 for a cost of $4,165 per filter replacement.

    FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the unsafe condition requires corrective action within 30 days. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed, I certify that this AD:

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-18-12 Airbus Helicopters: Amendment 39-19391; Docket No. FAA-2018-0613; Product Identifier 2018-SW-041-AD. (a) Applicability

    This AD applies to Model AS350B, AS350B1, AS350B2, AS350B3, and AS350BA helicopters, certificated in any category, with a Pall Aerospace Inlet Barrier Filter element part number CE01301F2 or CE01301F2B installed.

    (b) Unsafe Condition

    This AD defines the unsafe condition as ingestion of an excessive amount of water by the engine. This condition could result in engine flame out and failure, leading to loss of helicopter control.

    (c) Effective Date

    This AD becomes effective September 25, 2018.

    (d) Compliance

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

    (e) Required Actions

    Within 30 days, revise the rotorcraft flight manual supplement (RFMS) by inserting Appendix A of this AD into the limitations section of the RFMS.

    (f) Special Flight Permits

    Special flight permits are prohibited.

    (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, FAA, may approve AMOCs for this AD. Send your proposal to: Todd Jackson, Aerospace Engineer, Atlanta ACO Branch, Compliance and Airworthiness Division, FAA, 1701 Columbia Ave., College Park, GA 30337, telephone 404-474-5567, email [email protected]

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

    (h) Additional Information

    Pall Corporation Service Information Letter CE01301F2SINFOL, Revision A, dated July 15, 2015, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Pall Aerospace Corporation, 10540 Ridge Road, Suite 300, Newport Richey, Florida 34654; telephone 727-514-6491; email [email protected]; website www.pall.com/aerospace. You may review this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 7160, Engine Air Intake System.

    Appendix A to AD 2018-18-12 Rotorcraft Flight Manual Supplement

    (1) Helicopter operation is prohibited if the filter is wet or when visible moisture (rain/snow/ice/water) is present in the inlet or on the filter (inspect filter by hand for wetness). If the filter is wet, it must be dried or replaced prior to operation.

    (2) Helicopter flight is prohibited in visible moisture.

    (3) If the helicopter inadvertently enters precipitation (rain/snow/ice/water), open bypass doors (if equipped), avoid sudden and rapid power transients, and land as soon as practical.

    (4) Inlet covers must be installed when the rotorcraft is not in flight to prevent moisture from collecting in the inlet or on the filter.

    (5) Inspect inlet and filter for visible moisture accumulation prior to flight. If moisture is present, helicopter operation is prohibited.

    Issued in Fort Worth, Texas, on August 23, 2018. Scott A. Horn, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service.
    [FR Doc. 2018-19431 Filed 9-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0273; Product Identifier 2018-NM-017-AD; Amendment 39-19382; AD 2018-18-03] RIN 2120-AA64 Airworthiness Directives; the Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by several reports of cracks in a certain floor beam lower chord at door stop fitting No. 1 of the forward airstair door cutout. This AD requires repetitive inspections for any cracks and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective October 15, 2018.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 15, 2018.

    ADDRESSES:

    For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0273.

    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-2018-0273; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is Docket Operations, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Galib Abumeri, Aerospace Engineer, Airframe Section, Los Angeles ACO Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5324; fax: 562-627-5210; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The NPRM published in the Federal Register on April 13, 2018 (83 FR 16010). The NPRM was prompted by several reports of cracks in a certain floor beam lower chord at door stop fitting No. 1 of the forward airstair door cutout. The NPRM proposed to require repetitive inspections for any cracks and applicable on-condition actions.

    We are issuing this AD to address such cracking, which could result in the inability of a principal structural element to sustain limit loads and possible rapid decompression.

    Comments

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

    Support for the NPRM

    Boeing stated that it concurs with the NPRM.

    Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing supplemental type certificate (STC) ST01219SE does not affect the actions specified in the NPRM.

    We agree with the commenter's request. We have redesignated paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and added paragraph (c)(2) to this AD to state that installation of STC ST01219SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01219SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    Request To Allow Manual Operation of Airstair Door

    Swiftair S.A. requested that a note be included in this AD to allow for fully manual operation of the forward airstair door instead of the electrical operation as specified in Appendix A of Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017. Swiftair S.A. observed that two steps in Appendix A of Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017, cannot be performed on aircraft that have incorporated Boeing Service Bulletin 737-52-1092. Boeing Service Bulletin 737-52-1092 provides instructions for temporary or permanent removal of the forward airstair assembly, deactivation of the electrical system, and removal of the forward airstair door motor, among other actions.

    We agree because the forward airstair door cannot be operated electrically if the electrical system is deactivated and the motor is removed. We have changed paragraph (h) of this AD to include exceptions to certain steps of Appendix A of Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017, that allow for both manual and electrical operation of the airstair door.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017. The service information describes procedures for repetitive high frequency eddy current inspections of the station (STA) 312 floor beam lower chord, and door stop fittings No. 2, No. 5, and No. 8 on the forward airstair door for any cracks and applicable on-condition actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 67 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    Estimated Costs for Required Actions Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection Up to 11 work-hours × $85 per hour = $935 per inspection cycle $0 Up to $935 per inspection cycle Up to $62,645 per inspection cycle.

    We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD.

    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.

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division.

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-18-03 The Boeing Company: Amendment 39-19382; Docket No. FAA-2018-0273; Product Identifier 2018-NM-017-AD. (a) Effective Date

    This AD is effective October 15, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017.

    (2) Installation of Supplemental Type Certificate (STC) ST01219SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01219SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    (d) Subject

    Air Transport Association (ATA) of America Code 52, Doors; 53, Fuselage.

    (e) Unsafe Condition

    This AD was prompted by several reports of cracks in the station (STA) 312 floor beam lower chord at door stop fitting No. 1 of the forward airstair door cutout. We are issuing this AD to address such cracking, which could result in the inability of a principal structural element to sustain limit loads and possible rapid decompression.

    (f) Compliance

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

    (g) Required Actions

    (1) For airplanes identified as Group 1 in Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017: Within 120 days after the effective date of this AD, inspect the STA 312 floor beam lower chord and door stop fittings No. 2, No. 5 and No. 8 for any cracks and do applicable on-condition actions, using a method approved in accordance with the procedures specified in paragraph (i) of this AD.

    (2) Except as required by paragraph (h) of this AD: For airplanes identified as Group 2 in Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017, at the applicable times specified in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017.

    Note 1 to paragraph (g)(2) of this AD:

    Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 737-53A1370, dated December 13, 2017, which is referred to in Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017.

    (h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017, uses the phrase “the original issue date of Requirements Bulletin 737-53A1370 RB,” this AD requires using “the effective date of this AD.”

    (2) Where Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017, specifies contacting Boeing, this AD requires repair using a method approved in accordance with the procedures specified in paragraph (i) of this AD.

    (3) Where Step 2. of Appendix A of Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017, specifies “Electrically close the door,” this AD allows closing the door electrically or manually.

    (4) Where Step 6. of Appendix A of Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017, specifies to “Cycle the door electrically and make sure it operates smoothly,” this AD allows cycling the door electrically or manually and making sure it operates smoothly.

    (i) Alternative Methods of Compliance (AMOCs)

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

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

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

    (4) Except as required by paragraph (h) of this AD: For service information that contains steps that are labeled as RC, the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) of this AD apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled “RC Exempt,” then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

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

    (j) Related Information

    For more information about this AD, contact Galib Abumeri, Aerospace Engineer, Airframe Section, Los Angeles ACO Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5324; fax: 562-627-5210; email: [email protected]

    (k) Material Incorporated by Reference

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

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

    (i) Boeing Alert Requirements Bulletin 737-53A1370 RB, dated December 13, 2017.

    (ii) Reserved.

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

    (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

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

    Issued in Des Moines, Washington, on August 21, 2018. James Cashdollar, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-18740 Filed 9-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0789; Product Identifier 2018-NM-120-AD; Amendment 39-19395; AD 2018-18-16] RIN 2120-AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY:

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

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are superseding Airworthiness Directive (AD) 2018-12-08, which applied to certain Airbus SAS Model A330-200 and -300 series airplanes, and Model A340-212, -213, -312, and -313 airplanes. AD 2018-12-08 required repetitive inspections of certain fastener holes, and related investigative and corrective actions if necessary. This new AD corrects certain compliance time references. This AD was prompted by a report of cracking at fastener holes located at a certain frame (FR) on the lower shell panel junction. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective September 25, 2018.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 22, 2018 (83 FR 33821, July 18, 2018).

    We must receive comments on this AD by October 25, 2018.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: [email protected]; internet: http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0789.

    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-2018-0789; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax: 206-231-3229.

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued AD 2018-12-08, Amendment 39-19312 (83 FR 33821, July 18, 2018) (“AD 2018-12-08”), which applied to certain Airbus SAS Model A330-200 and -300 series airplanes, and Model A340-212, -213, -312, and -313 airplanes. AD 2018-12-08 was prompted by a report of cracking at fastener holes located at FR40 on the lower shell panel junction. AD 2018-12-08 required repetitive inspections of certain fastener holes, and related investigative and corrective actions if necessary. We issued AD 2018-12-08 to address cracking at FR40 on the lower shell panel junction; such cracking could lead to reduced structural integrity of the fuselage.

    Since we issued AD 2018-12-08, we have determined that it is necessary to correct certain service bulletin table references, which provide the compliance times for the initial inspection. Table 1 to paragraph (g)(1) of AD 2018-12-08 pointed to “table 1” of the service information for the initial compliance time. However, table 2 and table 3 in the service bulletins also apply to certain airplanes (those in Configuration 1). All airplanes belonging to affected U.S. operators are in Configuration 2 or Configuration 3, which use only table 1 in the service bulletins. This AD corrects the service bulletin table references for the compliance times. We have changed table 1 to paragraph (g)(1) of this AD by removing the limitation to “table 1” of the service bulletins, and instead referring to the compliance times in “paragraph 1.E., `Compliance,' ” of the service bulletins.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017-0063, dated April 12, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus SAS Model A330-200, A330-300, and A340-200 series airplanes, and Model A340-312 and -313 airplanes. The MCAI states:

    During full scale fatigue test of the Frame (FR) 40 to fuselage skin panel junction, fatigue damage was found. Corrective actions consisted of in-service installation of an internal reinforcing strap on the related junction, as currently required by DGAC [Direction Générale de l'Aviation Civile] France AD 1999-448-126(B), which refers to Airbus Service Bulletin (SB) A340-53-4104 Revision 02, and [DGAC] AD 2001-070(B), which refers to Airbus SB A330-53-3093 Revision 04; retrofit improvement of internal reinforcing strap fatigue life through recommended Airbus SB A330-53-3145; and introducing a design improvement in production through Airbus mod 44360.

    After those actions were implemented, cracks were found on both left-hand (LH) and right-hand (RH) sides on internal strap, butt strap, keel beam fitting, or forward fitting FR40 flange. These findings were made during embodiment of a FR40 web repair on an A330 aeroplane, and during keel beam replacement on an A340 aeroplane, where the internal strap was removed and a special detailed inspection (SDI) was performed on several holes.

    This condition, if not detected and corrected, could affect the structural integrity of the centre fuselage of the aeroplane.

    Prompted by these findings, Airbus issued SB A330-53-3215 and SB A340-53-4215, providing inspection instructions. Consequently, EASA issued AD 2014-0136 [which corresponds to FAA AD 2017-07-07, Amendment 39-18845 (82 FR 18547, April 20, 2017) (“AD 2017-07-07”)] to require repetitive SDI (rototest) of 10 fastener holes located at the FR40 lower shell panel junction on both LH and RH sides and, depending on findings, accomplishment of applicable corrective action(s).

    Since that [EASA] AD was issued, prompted by the results of complementary fatigue analyses, it was determined that postmod 55792 aeroplanes could be also affected by crack initiation and propagation at this area of the fuselage. These analyses demonstrated that post-mod 55792 aeroplanes must follow the same maintenance program as aeroplanes in postmod 55306 and pre-mod 55792 configuration. Consequently, Airbus published SB A330-53-3215 Revision 02 and SB A340-53-4215 Revision 02 to expand the Effectivity accordingly.

    For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2014-0136, which is superseded, which now also apply to aeroplanes in post-mod 55792 configuration [the applicability identifies airplanes in post-mod 44360 configuration].

    AD 2017-07-07 included Model A340-211 airplanes in its applicability. Airbus SAS Model A340-211 airplanes are not identified in the applicability of this AD because those airplanes are not affected by the identified unsafe condition. All of those airplanes are in the pre-Airbus SAS modification 44360 configuration. The MCAI also does not include Model A340-211 airplanes in its applicability.

    The compliance time ranges between 20,000 flight cycles or 65,400 flight hours and 20,800 flight cycles or 68,300 flight hours, depending on airplane utilization and configuration. The repetitive inspection interval ranges between 14,000 flight cycles or 95,200 flight hours and 24,600 flight cycles or 98,700 flight hours, depending on airplane utilization and configuration.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0789.

    Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Service Bulletin A330-53-3215, Revision 03, dated January 22, 2018; and Service Bulletin A340-53-4215, Revision 02, dated November 23, 2016. This service information describes procedures for repetitive rototest inspections of certain fastener holes, and related investigative and corrective actions if necessary. These documents are distinct since they apply to different airplane models. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination and Requirements of This 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 the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

    FAA's Justification and Determination of the Effective Date

    This AD corrects an error that affects compliance for non-U.S.-registered airplanes only. Therefore, we find good cause that notice and opportunity for prior public comment are unnecessary. In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days.

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0789; Product Identifier 2018-NM-120-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

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

    Costs of Compliance

    We estimate that this AD affects 99 airplanes of U.S. registry. This AD adds no new economic burden. The current costs for this AD are repeated for the convenience of affected operators, as follows:

    Estimated Costs for Required Actions Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • 42 work-hours × $85 per hour = $3,570 $0 $3,570 $353,430

    We estimate the following costs to do any necessary repairs that would be required based on the results of the required inspections. We have no way of determining the number of aircraft that might need these repairs:

    Estimated Costs of On-Condition Actions Labor cost Parts cost Cost per
  • product
  • 46 work-hours × $85 per hour = $3,910 $2,358 $6,268
    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.

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division.

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2018-12-08, Amendment 39-19312 (83 FR 33821, July 18, 2018), and adding the following new AD: 2018-18-16 Airbus SAS: Amendment 39-19395; Docket No. FAA-2018-0789; Product Identifier 2018-NM-120-AD. (a) Effective Date

    This AD is effective September 25, 2018.

    (b) Affected ADs

    This AD replaces AD 2018-12-08, Amendment 39-19312 (83 FR 33821, July 18, 2018) (“AD 2018-12-08”).

    (c) Applicability

    This AD applies to the airplanes, certificated in any category, identified in paragraphs (c)(1) and (c)(2) of this AD, all manufacturer serial numbers on which Airbus SAS Modification 44360 has been embodied in production.

    (1) Airbus SAS Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.

    (2) Airbus SAS Model A340-212, -213, -312, and -313 airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

    (e) Reason

    This AD was prompted by a report of cracking at fastener holes located at frame (FR) 40 on the lower shell panel junction. We are issuing this AD to address this cracking, which could lead to reduced structural integrity of the fuselage.

    (f) Compliance

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

    (g) Retained Compliance Times for Paragraph (h) of This AD, With Corrected Compliance Time Locations

    This paragraph restates the requirements of paragraph (g) of AD 2018-12-08, with corrected compliance time locations in table 1 to paragraph (g)(1) of this AD. Accomplish the actions required by paragraph (h) of this AD at the times specified in paragraphs (g)(1) and (g)(2) of this AD, as applicable.

    (1) For airplanes having serial numbers 0176 through 0915 inclusive: Within the compliance times defined in table 1 to paragraph (g)(1) of this AD, and thereafter at intervals not to exceed the compliance times defined in Airbus Service Bulletin A330-53-3215, Revision 03, dated January 22, 2018 (“SB A330-53-3215R3”); or Airbus Service Bulletin A340-53-4215, Revision 02, dated November 23, 2016 (“SB A340-53-4215R2”); as applicable, depending on airplane utilization and configuration. As of August 22, 2108 (the effective date of AD 2018-12-08), where paragraph 1.E., “Compliance,” of SB A330-53-3215R3, specifies weight variant (WV) 050 in the condition column of table 1, configuration 003, for the purposes of this AD, WV060 and WV080 are also included.

    ER10SE18.004

    (2) For all airplanes except those identified in paragraph (g)(1) of this AD: Before exceeding the applicable compliance time “threshold” defined in paragraph 1.E., “Compliance,” of SB A330-53-3215R3 or SB A340-53-4215R2, as applicable, depending on airplane utilization and configuration and to be counted from airplane first flight, and, thereafter, at intervals not to exceed the compliance times specified in paragraph 1.E., “Compliance,” of SB A330-53-3215R3 or SB A340-53-4215R2, as applicable, depending on airplane utilization and configuration. Where paragraph 1.E., “Compliance,” of SB A330-53-3215R3 specifies weight variant WV050 in the condition column of table 1, configuration 003, for the purposes of this AD, WV060 and WV080 are also included.

    (h) Retained Repetitive Inspections and Related Investigative and Corrective Actions, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2018-12-08, with no changes. At the applicable compliance time specified in paragraph (g) of this AD: Accomplish a special detailed inspection of the 10 fastener holes located at FR40 on the lower shell panel junction on both left-hand and right-hand sides, in accordance with the Accomplishment Instructions of SB A330-53-3215R3 or SB A340-53-4215R2, as applicable.

    (1) If, during any inspection required by the introductory text of paragraph (h) of this AD, any crack is detected, before further flight, accomplish all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of SB A330-53-3215R3 or SB A340-53-4215R2, as applicable; except, where SB A330-53-3215R3 or SB A340-53-4215R2 specifies to contact Airbus SAS for repair instructions, and specifies that action as “RC” (required for compliance), this AD requires repair before further flight using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or European Aviation Safety Agency (EASA); or Airbus SAS's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (2) If, during any inspection required by the introductory text of paragraph (h) of this AD, the diameter of a fastener hole is found to be outside the tolerances of the transition fit as specified in SB A330-53-3215R3 or SB A340-53-4215R2, as applicable, and SB A330-53-3215R3 or SB A340-53-4215R2 specifies to contact Airbus SAS for repair instructions, and specifies that action as RC, before further flight, repair using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (3) Accomplishment of corrective actions, as required by paragraph (h)(1) of this AD, does not constitute terminating action for the repetitive inspections required by the introductory text of paragraph (h) of this AD.

    (4) Accomplishment of a repair on an airplane, as required by paragraph (h)(2) of this AD, does not constitute terminating action for the repetitive inspections required by the introductory text of paragraph (h) of this AD for that airplane, unless indicated otherwise as specified in the method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's EASA DOA.

    (i) Retained Reporting Provision, With No Changes

    This paragraph restates the provisions of paragraph (i) of AD 2018-12-08, with no changes. Although SB A330-53-3215R3 and SB A340-53-4215R2 specify to submit certain information to the manufacturer, and specify that action as RC, this AD does not include that requirement.

    (j) Retained Credit for Previous Actions, With Revised Formatting

    This paragraph restates the provisions of paragraph (j) of AD 2018-12-08, with a reformatted service bulletin listing. This paragraph provides credit for the inspections required by the introductory text of paragraph (h) of this AD and the related investigative and corrective actions specified by paragraph (h)(1) of this AD, if those actions were performed before May 25, 2017 (the effective date of AD 2017-07-07), using the applicable service information specified in paragraphs (j)(1) through (j)(5) of this AD.

    (1) Airbus Service Bulletin A330-53-3215, dated June 21, 2013.

    (2) Airbus Service Bulletin A330-53-3215, Revision 01, dated April 17, 2014.

    (3) Airbus Service Bulletin A330-53-3215, Revision 02, dated November 23, 2016.

    (4) Airbus Service Bulletin A340-53-4215, dated June 21, 2013.

    (5) Airbus Service Bulletin A340-53-4215, Revision 01, dated April 17, 2014.

    (k) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (l)(2) of this AD. Information may be emailed to [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (3) Required for Compliance (RC): Except as specified by paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (i) of this AD: If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.

    (l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017-0063, dated April 12, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0789.

    (2) For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax: 206-231-3229.

    (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (m)(4) and (m)(5) of this AD.

    (m) Material Incorporated by Reference

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

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

    (3) The following service information was approved for IBR on August 22, 2018.

    (i) Airbus Service Bulletin A330-53-3215, Revision 03, dated January 22, 2018.

    (ii) Airbus Service Bulletin A340-53-4215, Revision 02, dated November 23, 2016.

    (4) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: [email protected]; internet: http://www.airbus.com.

    (5) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

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

    Issued in Des Moines, Washington, on August 29, 2018. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-19437 Filed 9-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-1051; Airspace Docket No. 17-AGL-21] RIN 2120-AA66 Revocation of Class E Airspace; Springfield, OH AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action removes Class E airspace areas designated as an extension to a Class D surface area at Springfield-Beckley Municipal Airport, Springfield, OH. This action is required as a result of an airspace review, which inadvertently overlooked the removal of the associated Class E airspace extensions when the Class D airspace was removed.

    DATES:

    Effective 0901 UTC, November 8, 2018. The Director of the Federal Register approves this incorporation by reference action under Title 1 Code of Federal Regulations part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

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

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it supports the removal of the Class E airspace designated as an extension to Class D surface area no longer needed at Springfield-Beckley Municipal Airport, Springfield, OH.

    History

    The FAA published a notice of proposed rulemaking in the Federal Register (83 FR 19986; May 7, 2018) for Docket No. FAA-2017-1051 to remove Class E airspace designated as an extension to a Class D surface area at Springfield-Beckley Municipal Airport, Springfield, OH. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in paragraph 6004 of FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    This amendment to title 14 Code of Federal Regulations (14 CFR) part 71 removes the Class E airspace designated as an extension to Class D airspace at Springfield-Beckley Municipal Airport, Springfield, OH.

    The air traffic control tower has closed, and Class E extension airspace removed, as the airport no longer qualifies for controlled airspace.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area. AGL OH E4 Springfield, OH [Removed] Issued in Fort Worth, Texas, on August 30, 2018. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2018-19475 Filed 9-7-18; 8:45 am] BILLING CODE 4910-13-P
    FEDERAL TRADE COMMISSION 16 CFR Parts 801, 802, and 803 Premerger Notification; Reporting and Waiting Period Requirements Correction

    In rule document 2018-14378, appearing on pages 32768 through 32784, in the issue of Monday, July 16, 2018, make the following correction:

    The graphic in Appendix B, beginning on page 32773, is corrected in its entirety as set forth below. PART 803—TRANSMITTAL RULES [CORRECTED] Appendix B to Part 803—Instructions to the Notification and Report Form for Certain Mergers and Acquisitions BILLING CODE 1301-00-D ER10SE18.005 ER10SE18.006 ER10SE18.007 ER10SE18.008 ER10SE18.009 ER10SE18.010 ER10SE18.011 ER10SE18.012 ER10SE18.013 ER10SE18.014 ER10SE18.015
    [FR Doc. C2-2018-14378 Filed 9-7-18; 8:45 am] BILLING CODE 1301-00-C
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0813] RIN 1625-AA00 Safety Zone; Upper Mississippi River Mile Markers 824 to 832, St. Paul, MN AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for the navigable waters of the Upper Mississippi River from mile marker (MM) 824 to MM 832. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards created by an oil spill response exercise. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.

    DATES:

    This rule is effective from 8 a.m. through 5 p.m. on September 12, 2018, or until the exercise concludes, whichever occurs first.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2018-0813 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Lieutenant Commander Christian Barger, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314-269-2560, email [email protected]

    SUPPLEMENTARY INFORMATION:

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

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. This safety zone must be established by September 12, 2018, and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the safety zone until after the date of the oil spill response exercise and compromise public safety.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is necessary to respond to the potential hazards associated with the oil spill response exercise.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Sector Upper Mississippi River (COTP) has determined that potential hazards associated with oil spill response exercise activities and equipment deployment will be a safety concern for anyone on the navigable waters of the Upper Mississippi River from mile marker (MM) 824 to MM 832. This rule is needed to protect persons, vessels, and the marine environment on the navigable waters within the safety zone while the oil spill response crews are operating in the area and while the oil spill removal equipment is deployed in the river.

    IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. through 5 p.m. on September 12, 2018. The safety zone will cover all navigable waters of the Upper Mississippi River from MM 824 to MM 832. The duration of the zone is intended to protect persons, vessels, and the marine environment in these navigable waters while the oil spill response crews are operating in the area and while the oil spill removal equipment is deployed in the river. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Upper Mississippi River.

    Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted by telephone at 314-269-2332 or on VHF-FM channel 16. Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 13563 (“Improving Regulation and Regulatory Review”) and 12866 (“Regulatory Planning and Review”) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (“Reducing Regulation and Controlling Regulatory Costs”) directs agencies to reduce regulation and control regulatory costs and provides that “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.”

    The Office of Management and Budget (OMB) has not designated this rule a “significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum “Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs' ” (April 5, 2017).

    This regulatory action determination is based on the size, location, and duration of the safety zone. This safety zone impacts an eight mile stretch of the Upper Mississippi River for eight hours on one day. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule allows vessels to seek permission to enter the zone.

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Directive 023-01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting approximately eight hours on one day that will prohibit entry on the navigable waters of the Upper Mississippi River from MM 824 to MM 832. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated under ADDRESSES.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T08-0813 to read as follows:
    § 165.T08-0813 Safety zone; Upper Mississippi River mile markers 824 to 832, St. Paul, MN.

    (a) Location. The following area is a safety zone: All navigable waters of the Upper Mississippi River from mile marker (MM) 824 to MM 832, extending the entire width of the river.

    (b) Effective period. This section will be enforced from 8 a.m. through 5 p.m. on September 12, 2018, or until the exercise concludes, whichever occurs first.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Upper Mississippi River.

    (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. To seek entry into the safety zone, contact the COTP or the COTP's designated representative by telephone at 314-269-2332 or on VHF-FM channel 16.

    (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative.

    (d) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate.

    Dated: August 27, 2018. Scott A. Stoermer, CAPT, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River.
    [FR Doc. 2018-19511 Filed 9-7-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0763] RIN 1625-AA00 Safety Zone; Helocast Water Insertion Operation; Black River Bay, Sackets Harbor, NY AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for navigable waters within a 1,000-foot radius of the water insertion site located 600 feet offshore of Sackets Harbor Battlefield, Black River Bay, Sackets Harbor, NY. This safety zone is intended to restrict vessels from portions of the Black River Bay during the Helocast Water Insertion Training Event. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with this event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

    DATES:

    This rule is effective from 6:00 a.m. until 2:00 p.m. on September 14, 2018.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2018-0763 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email LTJG Sean Dolan, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email [email protected]

    SUPPLEMENTARY INFORMATION:

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

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the event sponsor did not submit notice to the Coast Guard with sufficient time remaining before the event to publish an NPRM. Delaying the effective date would be contrary to the rule's objectives of ensuring safety of life on the navigable waters and protection of persons and vessels in vicinity of the fireworks display.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date would be contrary to the rule's objectives of enhancing safety of life on the navigable waters and protection of persons and vessels in vicinity of the Helocast Water Insertion Training Event.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Buffalo (COTP) has determined that helicopter training with swimmers jumping to the water presents significant risks to the public safety and property. Such hazards include excessive winds from helicopter, rougher than normal waters, dangerous projectiles, and falling debris. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the Helocast Water Insertion Training takes place.

    IV. Discussion of the Rule

    This rule establishes a safety zone on September 14, 2018, from 6:00 a.m. until 2:00 p.m. The safety zone will encompass all waters of the Black River Bay, Sackets Harbor, NY contained within a 1,000-foot radius of: 43°57′11.1″ N, 76°07′26.3″ W.

    Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771.

    This regulatory action determination is based on the conclusion that this rule is not a significant regulatory action. We anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port.

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Directive 023-01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule establishes a safety zone. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T09-0763 to read as follows:
    § 165.T09-0763 Safety Zone; Helocast Water Insertion Training; Black River Bay, Sackets Harbor, NY.

    (a) Location. The safety zone will encompass all waters of the Black River Bay; Sackets Harbor, NY contained within a 1,000-foot radius of: 43°57′11.1″ N, 76°07′26.3″ W.

    (b) Enforcement period. This regulation will be enforced from 6:00 a.m. until 2:00 p.m. on September 14, 2018.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative.

    (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative.

    (3) The “on-scene representative” of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf.

    (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative.

    Dated: September 5, 2018. Kenneth E. Blair, Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
    [FR Doc. 2018-19562 Filed 9-7-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0575] RIN 1625-AA00 Safety Zone; Boston Harbor's Improvement Dredging Project, Boston, MA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary interim rule and request for comments.

    SUMMARY:

    The Coast Guard is establishing two temporary safety zones on the navigable waters of Boston Harbor. The first safety zone will be around any vessel, barge, or dredging equipment actively engaged in dredging operations, drilling, or blasting. The second safety zone will be around any blasting worksites. These safety zones are needed to protect personnel, vessels, and the marine environment from the potential hazards created by the dredging, drilling, and blasting operations in support of the U.S. Army Corps of Engineers Boston Harbor's Improvement Dredging Project. When enforced, this regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Boston or a designated representative.

    DATES:

    This rule is effective from September 10, 2018 through August 31, 2023.

    Comments and related material must be received by the Coast Guard during the effective period on or before December 10, 2018.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2018-0575 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule. You may submit comments identified by docket number USCG-2018-0575 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Mark Cutter, Waterways Management Division, U.S. Coast Guard Sector Boston, telephone 617-223-4000, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register TIR Temporary Interim Rule NPRM Notice of Proposed Rule Making § Section U.S.C. United States Code II. Background Information and Regulatory History

    On June 1, 2018, U.S. Army Corps of Engineers issued a notice allowing the Joint Venture of Cashman Dredging Inc. and Dutra Group to proceed with the improvement-dredging project of Broad Sound North Channel, Boston's Inner Harbor Main Ship Channel, Conley Terminal including the turning basin or “MSC Notch,” and President Roads Anchorage. The project consists of deepening Broad Sound North Channel to 51 feet below the surface, and Boston's Inner Harbor Main Ship Channel, Conley Terminal including the turning basin or “MSC Notch,” and President Roads Anchorage each to 47 feet below the surface.

    The project includes dredging approximately 11.7 million cubic yards of silt, blue clay, till and weathered rock from the Broad South North Channel, Boston's Inner Harbor Main Ship Channel, Conley Terminal, and President Roads Anchorage. Most of the material dredged will be placed at the Massachusetts Bay Disposal Site (MBDS) approximately 20 miles offshore of Boston Harbor. A small fraction of the material dredged will be placed as a cap to the Main Ship Channel Confined Aquatic Disposal Cell, just downstream of the inner confluence of the Chelsea and Mystic Rivers. The initial phase of the dredge operation involves using mechanical dredges and does not involve any type of blasting or drilling operation. At some point, once the silt, blue clay, till and weathered rock have been removed, blasting or drilling may be needed to remove the hard rock. Whether blasting or drilling will be required, it will not be known until the top material has been removed and the contractor can locate the hard rock spots. The dredge operation has begun and will continue for 24 hours a day, seven days a week for approximately four years. The Coast Guard is publishing this rule to be effective, and enforceable, through August 31, 2023, in case the project is delayed due to unforeseen circumstances. If the project is completed prior to August 31, 2023, enforcement of the safety zones will be suspended and notice given via Broadcast Notice to Mariners, Local Notice to Mariners, or both.

    The Coast Guard is issuing this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest. The notice allowing the dredging project to proceed and providing dates for the project was only recently finalized and provided to the Coast Guard, and timely action is needed to respond to the potential safety hazards associated with this dredging project. The late finalization of project details did not give the Coast Guard enough time to publish a NPRM, take public comments, and issue a final rule before dredging operations begin. It would be impracticable and contrary to the public interest to publish a NPRM because a safety zone must be established as soon as possible to protect the safety of the waterway users, construction crew, and other personnel associated with the dredging project. A delay of the dredging project to accommodate a full notice and comment period would delay necessary operations, result in increased costs, and delay the date when the dredging project is expected to be completed and reopen Boston Harbor for normal operations.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. For reasons stated in the preceding paragraph, delaying the effective date of this rule would be impracticable and contrary to the public interest because timely action is needed to respond to the potential safety hazards associated with the dredging project.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231.

    The COTP Boston has determined that potential hazards exist associated with a dredging project that has already commenced, and will continue through August 31, 2023. This rule is needed to protect personnel, vessels, and the marine environment on the navigable waters of Broad Sound North Channel, Boston's Inner Harbor Main Ship Channel, Conley Terminal including the turning basin or “MSC Notch,” and President Roads Anchorage during the dredging project.

    IV. Discussion of Comments, Changes, and the Rule

    This rule establishes two safety zones that will continue through August 31, 2023.

    The first safety zone will have a 100-yard radius centered on any vessel, barge, or dredging equipment while actively engaged in dredging operations, drilling, or blasting. If blasting is needed for hard rock, the second safety zone will have a 500-yard radius centered on the worksite on each day of blasting, to be established once explosives are laid and ready for detonation, and subsequently suspended once a successful detonation has been confirmed. The Coast Guard will notify the public and local mariners of this 500-yard safety zone through appropriate means, which may include, but are not limited to, publication in the Local Notice to Mariners and Broadcast Notice to Mariners via marine Channel 16 (VHF-FM) in advance of any enforcement.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive order 13771.

    This regulatory action determination is based on the following reasons: (1) These safety zones will only impact a small designated area of the waterway at any given time; (2) vessels wishing to transit the waterway will have sufficient room to transit around the the safety zones; (3) dredging vessel(s) conducting operations will move out of the channel for deep draft vessels that need to pass through that area and deep draft vessel traffic will be well coordinated though daily communications with U.S. Army Corps of Engineers, Contractor, Ship Pilots, and the U.S. Coast Guard; (4) local lobstermen can still set pots in some areas of Boston harbor; (5) the 500-yd safety zone around blasting operations will only be enforced when blasting is in progress for short durations and with substantial public notice days in advance of enforcement through a Broadcast Notice to Mariners (BNM) via marine channel 16 (VHF-FM) of the exact location. The Coast Guard will place a notice in the Local Notice to Mariner (LNM); issue Broadcast Notice to Mariners (BNM) via marine channel 16 (VHF-FM), Safety Marine Information Port Bulletin, discuss updates at the monthly Boston Port Operators Group (POG) meeting, and at the Massachusetts Bay Harbor Safety Committee meetings.

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Directive 023-01, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of two safety zones on the navigable waters of Broad Sound North Channel, Boston's Inner Harbor Main Ship Channel, Conley Terminal including the turning basin or “MSC Notch,” and President Roads Anchorage: (1) A 100-yard radius centered on any vessel, barge, or dredging equipment while actively engaged in dredging operations, drilling, or blasting. (2) If blasting is needed for hard rock, the second safety zone will have a 500-yard radius centered on the worksite on each day of blasting, to be established once explosives are laid and ready for detonation, and subsequently suspended once a successful detonation has been confirmed. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental Consideration for Categorically Excluded Actions is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this temporary interim rule.

    G. Protest Activities

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

    VI. Public Participation and Request for Comments

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

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

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice.

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T01-0575 to read as follows:
    § 165.T01-0575 Safety Zone; Boston Harbor's Improvement Dredging Project, Boston, MA.

    (a) Location. The following areas are safety zones: All navigable waters from surface to bottom, within a 100-yard radius centered on any vessel, barge or dredging equipment while actively engaged in dredging operations, drilling, or blasting. All navigable waters from surface to bottom, within a 500-yard radius centered on the blasting worksite while setting up for blasting, during blasting, and in the immediate aftermath.

    (b) Definitions. As used in this section:

    (1) Designated representative means any Coast Guard commissioned, warrant, petty officer, or any federal, state, or local law enforcement officer who has been designated by the Captain of the Port (COTP) Boston, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.

    (2) Official patrol vessels means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Boston to enforce this section.

    (c) Enforcement periods. This section is enforceable 24 hours a day through August 31, 2023. When enforced as deemed necessary by the COTP Boston, vessels will be prohibited from entering this safety zone unless granted permission from the COTP Boston or the COTP's designated representative.

    (d) Regulations. When this safety zone is enforced, the following regulations, along with those contained in 33 CFR 165.23 apply:

    (1) No person or vessel may enter or remain in this safety zone without the permission of the COTP Boston or the COTP's designated representatives. However, any person or vessel permitted to enter the safety zone must comply with the directions and orders of the COTP Boston or the COTP's designated representatives.

    (2) To obtain permission required by this regulation, individuals may reach the COTP Boston or a COTP designated representative via Channel 16 (VHF-FM) or 617-223-5757 (Sector Boston Command Center).

    (3) Upon being hailed by a U.S. Coast Guard vessel by radio, siren, flashing lights, or other means, the operator of a vessel must proceed as directed.

    (e) Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: September 5, 2018. Eric. J. Doucette, Captain, U.S. Coast Guard, Captain of the Port Boston.
    [FR Doc. 2018-19518 Filed 9-7-18; 8:45 am] BILLING CODE 9110-04-P
    83 175 Monday, September 10, 2018 Proposed Rules BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Chapter X [Docket No. CFPB-2018-0023] Policy to Encourage Trial Disclosure Programs AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice of proposed policy guidance; request for comment.

    SUMMARY:

    The Bureau of Consumer Financial Protection (Bureau) invites the public to take this opportunity to comment on its proposal to create a Disclosure Sandbox through its revised Policy to Encourage Trial Disclosure Programs (Policy or TDP Policy), which is intended to carry out the Bureau's authority under Section 1032(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act).

    DATES:

    Written comments are encouraged and must be received on or before October 10, 2018.

    ADDRESSES:

    You may submit comments, identified by Docket No. [CFPB-2018-0023], by any of the following methods:

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

    Email: [email protected] Include Docket No. [CFPB-2018-0023] in the subject line of the email.

    Mail/Hand Delivery/Courier: Comment Intake, Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552.

    Instructions: All submissions should include the agency name and docket number. Because paper mail in the Washington, DC area and at the Bureau is subject to delay, commenters are encouraged to submit comments electronically. In general, all comments received will be posted without change to http://www.regulations.gov. In addition, comments will be available for public inspection and copying at 1700 G Street NW, Washington, DC 20552, on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make an appointment to inspect the documents by telephoning (202) 435-7275. All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Comments generally will not be edited to remove any identifying or contact information.

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the revised Policy, contact Paul Watkins, Assistant Director, Office of Innovation at [email protected] or 202-435-7000. If you require this document in an alternative electronic format, please contact [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    In subsection 1032(e) of the Dodd-Frank Act, Congress gave the Bureau authority to provide certain legal protections to companies to conduct trial disclosure programs.1 This authority furthers the Bureau's statutory purpose, stated in subsection 1021(a) of the Act, to ensure that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent, and competitive.2 Furthermore, this authority advances the Bureau's statutory objectives in subsection 1021(b) of the Act to ensure consumers are provided with timely and understandable information to make responsible decisions about financial transactions; outdated, unnecessary, or unduly burdensome regulations are regularly identified and addressed in order to reduce unwarranted regulatory burdens; and markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation.3

    1 12 U.S.C. 5532(e).

    2 12 U.S.C. 5511(a).

    3 12 U.S.C. 5511(b)(1), (b)(3), (b)(5).

    More specifically, under section 1032(e), the Bureau may permit companies to conduct trial disclosure programs, limited in time and scope, to improve upon existing disclosures.4 Such permission may include providing a legal safe harbor; i.e., the Bureau may deem a company conducting such a program to be in compliance with, or exempt from, a requirement of a rule or enumerated consumer law.5 Such trial disclosure programs must be subject to standards and procedures that are designed to encourage companies to conduct such programs.6 Similarly, although Bureau rules must provide for public disclosure of such programs, such public disclosure may be limited to the extent necessary to encourage covered persons to conduct effective trials.7

    4 12 U.S.C. 5532(e)(1).

    5 12 U.S.C. 5532(e)(2).

    6 12 U.S.C. 5532(e)(1), (2).

    7 12 U.S.C. 5532(e)(3).

    Pursuant to the purposes, objectives, and authority listed above, the Bureau proposed its Policy to Encourage Trial Disclosure Programs in December 2012, and finalized the Policy in September 2013. However, the Policy failed to effectively encourage trial disclosure programs: The Bureau did not permit a single such program in the nearly five years since the Policy was issued.

    II. Summary of the Proposed Revised Policy

    In line with the above authority, the Bureau is proposing to revise the Policy in order to more effectively encourage companies to conduct trial disclosure programs. The proposed revisions have the following goals: (1) Reducing the application burden and review time frame; (2) increasing guidance regarding the testing time frame; (3) specifying procedures for extensions of successful trial disclosure programs; and (4) providing for coordination with existing or future programs offered by other regulators designed to facilitate innovation.

    More specifically, the Bureau is proposing to streamline the application process by eliminating several elements it determined were redundant or otherwise unnecessary. The list of factors the Bureau intends to consider when reviewing applications has been substantially reduced for similar reasons. As a result, the Bureau's proposed review will now focus on the quality and persuasiveness of the application, especially the extent to which the trial disclosures are likely to be an improvement over existing disclosures, and the extent to which the testing program mitigates risks to consumers. Accordingly, under the proposed Policy, the Bureau intends to grant or deny a formal, complete application for a trial disclosure waiver within 60 days of submission. In addition, the proposed Policy reiterates that the Bureau may grant waivers for disclosures that improve upon existing requirements based upon cost-effectiveness, delivery mechanism, or consumer understanding.

    As under the current Policy, during the testing period, the Bureau proposes to deem a testing company's trial disclosure, to the extent that it is used in accordance with the terms and conditions permitted by the Bureau, to be in compliance with, or exempted from, applicable Federal disclosure requirements.8 To facilitate the Bureau's awareness of the effects of trial disclosures on consumers, the proposed Policy clarifies that the Bureau intends to require recipients of such a waiver to notify the Bureau of material changes in complaint patterns or other information that should be investigated by the Bureau to determine if the trial disclosures may be causing a material, adverse, impact on consumer understanding.

    8 12 U.S.C. 5532(e)(2). For convenience, this statutory authority to deem companies in compliance with or to exempt them from disclosure requirements—in each case for a limited period of time—is hereinafter referred to as the authority to issue waivers for permitted programs, irrespective of whether this authority is effectuated through granting a waiver directly to a testing company under Sections A, B and C or indirectly through an agreement with another regulator under Section E.

    The proposed Policy informs potential applicants of the Bureau's expectation that a two-year testing period will be appropriate in most cases. It also adds a new section on the important subject of extensions of waivers for successful trial disclosure programs. The new section specifies the procedures for requesting such an extension and clarifies the Bureau's intention to grant such requests where there is evidence that the trial disclosures have tested successfully. To the extent that testers are able to show that trial disclosures succeed in improving upon existing requirements, the Bureau will endeavor to amend disclosure rules accordingly and to permit the use of validated trial disclosures until such amendment is effective.

    The proposed Policy also adds a new section regarding Bureau coordination with other regulators that offer similar programs designed to facilitate consumer-beneficial innovation. This new section provides that the Bureau intends to coordinate operation of the TDP Policy—the Bureau's Disclosure Sandbox—with similar programs offered by State, Federal, or international regulators. It provides that the Bureau is interested in entering into agreements with other regulators where testing companies could be permitted to conduct a trial program pursuant to the Bureau's agreement with the regulator on specified procedures, rather than through the application and approval process described in Sections A and B.

    Finally, the proposed Policy clarifies that applications may be submitted by a group, such as a trade association, on behalf of its members, and may propose a scaled or iterative approach to testing.9

    9 The Bureau has also made a number of technical changes to the Policy to accommodate the above-described substantive revisions and to increase clarity.

    The Bureau believes significant opportunities exist to enhance consumer protection by facilitating innovation in financial products and services and enabling companies to research informative, cost-effective disclosures. The Bureau also recognizes that in-market testing, involving companies and consumers in real world situations, may offer particularly valuable information for improving disclosure rules and model forms.

    The Bureau invites public comment on any aspect of the revised Policy. The Bureau will publish a final revised Policy after considering comments received. The Bureau will not accept formal applications until the comment period has closed and the Bureau has adopted a final revised Policy. However, the Bureau welcomes informal inquires during the comment period.

    III. Regulatory Requirements

    The Bureau has concluded that, if finalized, this Policy Guidance would constitute an agency general statement of policy and/or a rule of agency organization, procedure, or practice exempt from the notice and comment rulemaking requirements under the Administrative Procedure Act, pursuant to 5 U.S.C. 553(b). Notwithstanding this conclusion, the Bureau invites public comment on the proposed Policy. Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis.10

    10  5 U.S.C. 603(a), 604(a).

    IV. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies are generally required to seek the Office of Management and Budget (OMB) approval for information collection requirements prior to implementation. According to the PRA, the Bureau may not conduct or sponsor, and, notwithstanding any other provision of law, a person is not required to respond to an information collection unless the information collection displays currently a valid control number assigned by OMB. The information requested in Section A of this Policy has been previously approved by OMB and assigned OMB control number 3170-0039. It expires on 07/31/2019. You may access documentation for this OMB number on www.reginfo.gov by selecting “Information Collection Review” from the main menu, clicking on “Search,” and then entering the OMB control number.

    The time required to complete this information collection is estimated to average between 2 and 10 hours per response, including the time for reviewing any instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection of information is required to obtain a benefit to the extent that the information is to establish eligibility for a temporary waiver, as described in this Policy.

    The Bureau has determined that the revisions to this Policy do not introduce any new or substantively or materially revised collections of information beyond what has been previously approved by OMB. The Bureau has an interest in the public's opinions regarding this determination as well as the public's comments regarding the estimated response time, suggestions for improving the usefulness of the information, or suggestions for reducing the burden to respond to this information collection. Comments regarding PRA aspects of this revised Policy may be submitted to the Bureau as outlined above in the ADDRESSES section of this document.

    IV. Revised Policy To Encourage Trial Disclosure Programs

    The text of the proposed Policy is as follows.

    Consumers need timely and understandable information to make the financial decisions that they believe are best for themselves and their families. Much Federal consumer protection law, therefore, rests on the assumption that accurate and effective disclosures will help Americans understand the costs, benefits, and risks of consumer financial products and services.

    In Section 1032 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), Congress gave the Bureau of Consumer Financial Protection (Bureau) authority to prescribe rules to ensure that consumers receive such disclosures, and to include in such rules model forms to facilitate compliance.11 Furthermore, in subsection 1032(e) of the Dodd-Frank Act, Congress gave the Bureau authority to provide certain legal protections to companies to conduct trial disclosure programs.12 This authority furthers the Bureau's statutory purpose, stated in subsection 1021(a) of the Act, to ensure that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent and competitive.13 Furthermore, this authority advances the Bureau's statutory objectives in subsection 1021(b) of the Act to ensure consumers are provided with timely and understandable information to make responsible decisions about financial transactions; outdated, unnecessary, or unduly burdensome regulations are regularly identified and addressed in order to reduce unwarranted regulatory burdens; and markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation.14

    11 12 U.S.C. 5532(a)-(d). For purposes of the TDP Policy, disclosures encompass all notifications, including notifications of any adverse action.

    12 12 U.S.C. 5532(e).

    13 12 U.S.C. 5511(a).

    14 12 U.S.C. 5511(b)(1), (b)(3), (b)(5).

    More specifically, under section 1032(e), the Bureau may permit companies to conduct trial disclosure programs, limited in time and scope, to improve upon existing disclosures.15 Such permission may include providing a legal safe harbor; i.e., the Bureau may deem a company conducting such a program to be in compliance with, or exempt from, a requirement of a rule or enumerated consumer law.16 Such trial disclosure programs must be subject to standards and procedures that are designed to encourage companies to conduct such programs.17 Similarly, although Bureau rules must provide for public disclosure of such programs, such public disclosure may be limited to the extent necessary to encourage covered persons to conduct effective trials.18

    15 12 U.S.C. 5532(e)(1).

    16 12 U.S.C. 5532(e)(2).

    17 12 U.S.C. 5532(e)(1), (2).

    18 12 U.S.C. 5532(e)(3).

    For permitted trial disclosure programs, therefore, the Bureau will, for a defined period, deem a participating company to be in compliance with, or exempt from, identified Federal disclosure requirements.19 As a result of this determination by the Bureau, no basis exists under those provisions for a private suit based on the company's use of the trial disclosure. The same is true with respect to other Federal and State regulators even if they have enforcement or supervisory authority as to the enumerated consumer laws for which the Bureau has rulemaking authority. There can be no predicate for an enforcement or supervisory action by such a regulator that is based on a statutory or regulatory provisions waived by the Bureau.

    19 For convenience, this statutory authority to deem companies in compliance with or to exempt them from disclosure requirements—in each case for a limited period of time—is hereinafter referred to as the authority to issue waivers for permitted programs, irrespective of whether this authority is effectuated through granting a waiver to a testing company under Sections A, B and C or pursuant to an agreement with another regulator under Section E.

    The Bureau also encourages applicants to confer with other Federal and State government officials where a proposed trial disclosure implicates requirements administered by such authorities. Applications that involve the Bureau coordinating with other such officials should identify the other authorities applicants have contacted with respect to the proposal.

    The Bureau believes that there may be significant opportunities to enhance consumer protection by facilitating innovation in financial products and services through enabling responsible companies to research informative, cost-effective disclosures in test programs. The Bureau also recognizes that in-market testing, involving companies and consumers in real world situations, may offer particularly valuable information with which to improve disclosure rules and model forms.

    The Policy implements the statutory requirement to issue standards and procedures for trial disclosure programs and is designed to encourage financial services companies to innovate by proposing and conducting such programs, consistent with the protections for consumers described in the Policy.20

    20 12 U.S.C. 5532(e). As specified in section C of the Policy, if the Bureau permits a trial disclosure program, the terms of its permission will specify certain legal rights granted to the recipient or recipients of the waiver with respect to that program. Those rights, however, are based on the terms of permission, and not on the Policy. The Policy is not intended to nor should it be construed to: (1) Restrict or limit in any way the Bureau's discretion in exercising its authorities; (2) constitute an interpretation of law; or (3) create or confer upon any covered person (including one who is the subject of Bureau supervisory, investigation, or enforcement activity) or consumer, any substantive or procedural rights or defenses that are enforceable in any manner. Nor should the Policy be viewed as substituting for the normal process of rulemaking. In the event that information learned from trial disclosure programs triggers or otherwise informs follow-on rulemaking, the Bureau would follow the standard rulemaking process, which affords the public the opportunity of submitting comments on a proposed regulation.

    The Policy consists of six sections:

    • Section A describes information that should be included in an application for a trial disclosure program waiver;

    • Section B lists factors the Bureau may consider in deciding whether to grant an application for a waiver and specifies the expected time frame for the Bureau's review of formal, complete applications;

    • Section C describes the Bureau's procedures for issuing waivers;

    • Section D describes the Bureau's procedures for issuing extensions of waivers;

    • Section E describes how the Bureau will coordinate with other regulators with respect to the Policy; and

    • Section F describes disclosure of information relating to permitted trial disclosure program.

    A. Submitting Applications for Trial Disclosure Program Waivers

    Applications for a waiver should:

    1. Identify the testing company or group of companies; 21

    21 The Bureau intends to consider applications that involve testing by more than one company. A trade association or other group may apply on behalf of its members to test a certain disclosure. If a disclosure is permitted for a group, each testing company must notify the Bureau that the company will utilize the disclosure under the terms permitted for the group. Either the group must commit to providing testing data to the Bureau for all permitted companies broken down by individual company or each individual company must commit to providing data to the Bureau.

    2. Describe the new disclosures or delivery mechanisms that are to be tested; 22 and how these changes are expected to improve upon existing disclosures or delivery mechanisms with respect to cost effectiveness, increased consumer understanding, or otherwise;

    22 An application could include the elimination of disclosure requirements, modifications to an existing model form or other disclosures, changed delivery mechanisms, or replacement of a model form or existing disclosure requirements with new disclosures or forms. Applications should include a copy of the trial disclosures to be tested, a description of what they would replace, and a clear statement of how they would be provided to consumers. When applications consist of revised disclosure content—as opposed to revisions to delivery mechanisms—that content should be in plain language, reflect a clear format and design, and be succinct. If an application is for iterative testing, it should specify the initial disclosure and a description of the range or type of modifications intended for iterative testing.

    3. Provide a reasonable basis for expecting and measuring these improvements, such as comparisons with existing costs, or consumer payment/response rates for the company or the relevant industry;

    4. Identify the requested duration of the test,23 and the size, location, and nature of the consumer population involved in the test, and explain why those parameters were selected, including whether the population will be scaled or modified over the duration of the test; 24

    23 The Bureau expects that a two-year testing period will be appropriate in most cases.

    24 If the applicant wishes the Bureau to coordinate with other regulators, the applicant should identify any governmental authorities that have allowed or been contacted about the trial disclosure in question.

    5. Identify any risks to consumers that may be associated with the proposed program, describe how the program intends to mitigate such risks, and explain the procedures that will be used to assess for potential risks to consumers during the course of the test;

    6. Identify the statutory and regulatory requirements 25 to be temporarily waived in connection with the trial disclosure program; 26

    25 Applicants should describe the scope of the requested waiver with as much specificity as practicable, in part to enable the Bureau to respond expeditiously to the application. The Bureau recognizes that in some cases it may be difficult to determine precisely which regulatory requirements would apply, in the normal course, to a proposed test disclosure. In other cases, the applicant may lack the legal resources to make a fully precise determination. In such circumstances, the applicant should provide the maximum specification practicable under the circumstances and explain the limits on further specification.

    26 Under subsection 1032(e)(2), the Bureau has authority to waive a requirement of a rule or an enumerated consumer law, as that term is defined in the Dodd-Frank Act. 12 U.S.C. 5481(12). As used in subsection 1032(e)(2), the term “rule” includes: (i) Rules implementing an enumerated consumer law; and (ii) rules implementing the Consumer Financial Protection Act of 2010, including rules promulgated by the Bureau under its authority to prevent unfair, abusive, or deceptive acts or practices, or to enable full, accurate and effective disclosure.

    7. Contain a commitment to and schedule for sharing test result data with the Bureau after the conclusion of the program, as well as indicating any test result data to be shared during the program; and

    8. Explain how the testing company or companies will address disclosure requirements for the test population at the conclusion of the test period.

    All applications should be submitted via email to: [email protected] Submitted applications may be withdrawn at any time. Potential applicants are encouraged to contact the Office of Innovation for informal preliminary discussion of a contemplated proposal prior to submitting a formal, complete application.27

    27 The email subject line should begin “Trial Disclosure Program.”

    B. Bureau Assessment of Applications for Trial Disclosure Program Waivers

    To decide whether to permit a proposed trial disclosure program,28 the Bureau will consider the quality and persuasiveness of the application, with a particular emphasis on items covered in subsections A.2 and A.5.

    28 The decision whether to permit a trial disclosure program will be within the Bureau's sole discretion. The Bureau will review reasonable requests to reconsider its denial of a trial disclosure program.

    The Bureau intends to grant or deny formal, complete applications within 60 days of submission.

    C. Waiver Procedures for Permitted Trial Disclosure Programs

    When the Bureau grants a waiver, it intends to provide the company or companies that receive the waiver with the specific terms and conditions of its permission.29 If a company does not follow the terms and conditions of the waiver, or if the Bureau determines that the disclosure is causing a material, adverse, impact on consumer understanding, the Bureau may revoke the waiver in whole or in part.30 To facilitate such a determination, the Bureau intends to require companies to notify the Bureau of material changes in customer service inquiries, complaint patterns, default rates, or other information that should be investigated by the Bureau to determine if the trial disclosures may be causing a material, adverse, impact on consumer understanding.

    29 If the Bureau determines not to permit a proposed trial disclosure program, it will inform the company of its determination.

    30 Before issuing a revocation, the Bureau will notify the affected company (or companies) of the grounds for revocation, and permit an opportunity to respond. If the Bureau nonetheless determines that the company failed to follow the terms of the waiver, it may offer an opportunity to correct any such failure before revoking the waiver. If the Bureau revokes or partially revokes a waiver for failure to follow the waiver's terms, it will do so in writing and it will specify the reason or reasons for its action.

    The Bureau expects that waiver terms and conditions will be specified in writing in an integrated document entitled “1032(e) Trial Disclosure Waiver: Terms and Conditions.” The document will be signed by the Assistant Director of the Office of Innovation or other member of the Office of Innovation to whom the Director of the Bureau delegates such signature authority.

    In addition, the Bureau expects the document will:

    1. Identify the company or group of companies that are receiving a waiver;

    2. Specify the new disclosure(s) or delivery methods to be used by the company or companies under the terms of the waiver;

    3. Specify the scope of the waiver provided by the Bureau during the test period for the testing company or companies; 31

    31 The waiver may be as limited as a specific provision or as broad as all requirements applicable to a particular disclosure, including specifically identified provisions.

    4. Specify the duration of the waiver;

    5. Describe the test population(s);

    6. State that, in the exercise of its discretion, the Bureau will not make supervisory findings or bring a supervisory or enforcement action against the company or companies under its authority to prevent unfair, abusive, or deceptive acts or practices predicated upon its or their use of the trial disclosures during the waiver period, provided the company engages in good faith, substantial, compliance with the terms of the waiver; and

    7. Specify any other conditions on the effectiveness of the waiver, such as the terms of testing, data sharing, certification of compliance with the terms of the waiver, and/or public disclosure.32

    32 The procedures specified in section C may be modified pursuant to coordination efforts with other regulators. See section E below.

    D. Procedures for Extension of Trial Disclosure Program Waivers

    Waiver recipients may reapply by resubmitting the entirety of the information required under Section A. As an alternative, waiver recipients may request an extension for a specified period of time based upon the quality and persuasiveness of the test result data required to be provided to the Bureau under subsection A.7. The Bureau expects to place particular weight upon whether the data supports the objectives identified in the application under subsections A.2 and A.5 to improve upon existing disclosures, without causing a material, adverse, impact on consumer understanding. Such requests for an extension should include the duration of the requested extension and should be submitted no later than 150-days prior to the expiration of the waiver.33

    33 Assuming the two-year testing period the Bureau expects to be appropriate in most cases, the Bureau believes the testing company(s) would have sufficient time to gather evidence supportive of an extension request.

    Upon the presentation of persuasive test result data, the Bureau anticipates permitting such extension requests for a period at least as long as the period of the original waiver. The Bureau anticipates permitting longer extensions where the Bureau is considering amending disclosure requirements in a manner consistent with the trial disclosures in question.34 During the time period pending a rule amendment, the Bureau intends to consider means of making the improved disclosure available to other covered entities.

    34 Rule amendments that follow successful trial disclosure tests could continue to permit all existing disclosure practices—allowing an additional and alternative method of compliance, rather than replacing existing requirements with new ones. If the period of an extension were tied to the Bureau's consideration of amending relevant disclosure requirements and the Bureau announced it was discontinuing its plans to amend the disclosure rules in question, such a waiver would be revised to be for a period of a fixed length or revoked after reasonable notice to the testing company(s).

    E. Regulatory Coordination

    Subsection 1015 of the Dodd-Frank Act instructs the Bureau to coordinate with . . . Federal agencies and State regulators, as appropriate, to promote consistent regulatory treatment of consumer financial and investment products and services.35 Similarly, subsection 1042(c) of the Act instructs the Bureau to provide guidance in order to further coordinate actions with the State attorneys general and other regulators.36 The Bureau's direction to coordinate includes coordinating circumstances where States have chosen to limit their enforcement or other regulatory authority. One method of limiting such authority is through a State sandbox, or group of State sandboxes, or other limited scope State authorization program (“State sandbox”).37 The Bureau is interested in entering into agreements with State authorities designed to improve upon existing disclosure requirements 38 by allowing covered persons to test disclosures within the state sandbox. Specifically, the Bureau expects that, in specified circumstances, such entities could receive permission to conduct a trial disclosure program pursuant to the Bureau's agreement with the State authority, rather than through the process described in Sections A, B, and C. The Bureau is interested in negotiating agreements that include the following features. First, the State sandbox must contain safeguards that protect consumers from deception. Second, the State sandbox must be limited in time or scope. Third, the State sandbox entity must agree to provide the Bureau with data to assist the Bureau in assessing whether the disclosure (or disclosures) used within the scope of the state sandbox improves upon existing disclosures based upon cost effectiveness, consumer understanding, or otherwise. Alternatively, the State authority may agree to periodically provide the Bureau with such data regarding the disclosures used by participants in the State sandbox.

    35 12 U.S.C. 5495.

    36 12 U.S.C. 5552(c).

    37 The concept of a regulatory sandbox is relatively new and does not have a precise, generally accepted definition. The term is used in this Policy to refer to a regulatory structure where a participant obtains limited or temporary access to a market in exchange for reduced regulatory barriers to entry or reduced regulatory uncertainty.

    38 See note 26.

    Under this Section, a State sandbox entity's authorization under the TDP Policy will be limited to the parameters of the State sandbox. If the entity seeks wider authorization under the TDP Policy, it must submit an application following the standard permission process detailed in Sections A, B, and C. Successful results from disclosures used within a State or other jurisdiction will be highly persuasive in supporting such an application under the TDP Policy.

    Furthermore, the Bureau wishes to coordinate with other regulators. To this end, the Bureau intends to enter into agreements whenever practicable to coordinate permission to conduct trial programs with similar programs operated by State, Federal, or international regulators.

    F. Bureau Disclosure of Information Regarding Trial Disclosure Programs

    The Bureau intends to publish notice on its website of any trial disclosure program permitted under Section C or D.39 The notice will: (i) Identify the company or companies conducting the trial disclosure program; (ii) summarize the new disclosures to be used and the duration of their intended use; and (iii) state that the waiver applies only to the testing company or companies in accordance with the permitted terms of use.

    39 The Bureau will at minimum publish the names of companies conducting trial disclosure programs pursuant to Section E, but reserves the discretion to negotiate any additional disclosure terms with the corresponding regulator.

    Public disclosure of any other information regarding trial disclosure programs is governed by the Bureau's Rule on Disclosure of Records and Information.40 For example, the rule requires the Bureau to make available records requested by the public unless they are subject to a FOIA exemption or exclusion. To the extent the Bureau wishes to disclose information regarding trial disclosure programs, the terms of such disclosure will be included in the 1032(e) Trial Disclosure Waiver: Terms and Conditions document. Consistent with applicable law and its own rules, the Bureau will not seek to disclose any test data that would conflict with consumers' privacy interests.

    40See 12 CFR 1070 et seq.

    Dated: August 30, 2018. Mick Mulvaney, Acting Director, Bureau of Consumer Financial Protection.
    [FR Doc. 2018-19385 Filed 9-7-18; 8:45 am] BILLING CODE P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1085; Product Identifier 2016-SW-094-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 A-1, MBB-BK 117A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, MBB-BK 117 C-1, and MBB-BK 117 C-2 helicopters. This proposed AD would require repetitive inspections of the tail rotor (T/R) gearbox housing. This proposed AD is prompted by a report that a crack was found in a T/R gearbox housing. The actions of this proposed AD are intended to address an unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by November 9, 2018.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1085; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the European Aviation Safety Agency (EASA) AD, the economic evaluation, any comments received, and other information. The street address for Docket Operations (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this proposed rule, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    FOR FURTHER INFORMATION CONTACT:

    David Hatfield, Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

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

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

    Discussion

    EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2016-0134, dated July 8, 2016, to correct an unsafe condition on Airbus Helicopters Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, MBB-BK 117 C-1, MBB BK 117 C-2, and MBB-BK 117 C-2e helicopters. EASA advises that a crack was found in the T/R gearbox housing of a Model MBB-BK117 C-2 helicopter. According to EASA, investigations determined high vibrations caused by T/R imbalance were a contributing factor to the crack. EASA states that this condition, if not detected and corrected, could lead to the loss of the T/R gearbox and subsequent loss of control of the helicopter. As a result, the EASA AD requires repetitive inspections of the T/R gearbox housing and replacing the housing if a crack is found.

    FAA's Determination

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

    Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin (ASB) MBB-BK117-30A-119, Revision 0, dated May 24, 2016, for Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters and ASB MBB-BK117 C-2-65A-007, Revision 0, dated May 24, 2016, for MBB-BK 117 C-2 helicopters. This service information specifies an initial and repetitive inspections of the T/R gearbox housing for cracks.

    This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Proposed AD Requirements

    This proposed AD would require within 100 hours time-in-service (TIS) and thereafter at intervals not to exceed 100 hours TIS, cleaning and visually inspecting the T/R gearbox housing for a crack. If there is a crack, this proposed AD would require replacing the T/R gearbox before further flight.

    Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to Model MBB-BK117 C-2e helicopters, and this proposed AD would not because it is not an FAA type-certificated model. The EASA AD allows a non-cumulative tolerance of 10 hours TIS for the inspections, and this proposed AD would not. The EASA AD requires performing the inspection after a certain maintenance action and before a T/R gearbox housing is installed, and this proposed AD would not.

    Costs of Compliance

    We estimate that this proposed AD would affect 176 helicopters of U.S. Registry and that labor costs average $85 a work-hour. Based on these estimates, we expect that inspecting the T/R gearbox would require 1 work-hour and no parts would be required for a cost of $85 per helicopter and $14,960 for the U.S. fleet per inspection cycle. Replacing the T/R gearbox would require 4.5 work-hours and parts would cost $69,219 for a cost of $69,602 per helicopter.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed, I certify this proposed regulation:

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus Helicopters Deutschland GmbH: Docket No. FAA-2017-1085; Product Identifier 2016-SW-094-AD. (a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, MBB-BK 117 C-1, and MBB-BK 117 C-2 helicopters, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a tail rotor (T/R) gearbox housing. This condition could result in the loss of the T/R gearbox and subsequent loss of helicopter control.

    (c) Comments Due Date

    We must receive comments by November 9, 2018.

    (d) Compliance

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

    (e) Required Actions

    Within 100 hours time-in-service (TIS) and thereafter at intervals not to exceed 100 hours TIS, clean and visually inspect the T/R gearbox housing for a crack in the area depicted in Figure 1 of Airbus Helicopters Alert Service Bulletin (ASB) MBB-BK117-30A-119, Revision 0, dated May 24, 2016, or ASB MBB-BK117 C-2-65A-007, Revision 0, dated May 24, 2016, as applicable to your model helicopter. If there is a crack, replace the T/R gearbox before further flight.

    (f) Special Flight Permits

    Special flight permits are prohibited.

    (g) Alternative Methods of Compliance (AMOCs)

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

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

    (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2016-0134, dated July 8, 2016. You may view the EASA AD on the internet at http://www.regulations.gov in the AD Docket.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6520, Tail Rotor Gearbox.

    Issued in Fort Worth, Texas, on August 27, 2018. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service.
    [FR Doc. 2018-19436 Filed 9-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1125; Product Identifier 2017-SW-078-AD] RIN 2120-AA64 Airworthiness Directives; MD Helicopters Inc. Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for MD Helicopters Inc. (MDHI) Model 600N helicopters. This proposed AD would require establishing a life limit for the main rotor (M/R) blade upper control collective/longitudinal link assembly (link assembly). This proposed AD is prompted by the discovery that the life limit was omitted from the maintenance manual. The actions of this proposed AD are intended to prevent an unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by November 9, 2018.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1125; or in person at the Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this proposed rule, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-6813; or at http://www.mdhelicopters.com. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    FOR FURTHER INFORMATION CONTACT:

    Galib Abumeri, Aerospace Engineer (Structures), Airframe Section, Los Angeles ACO Branch, Compliance and Airworthiness Division, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone 562-627-5324; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

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

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

    Discussion

    We propose to adopt a new AD for MDHI Model 600N helicopters with a yaw stability augmentation system and with a link assembly part number (P/N) 600N7617-1 installed. This proposed AD would require establishing a life limit of 15,000 hours time-in-service (TIS) for the link assembly.

    This proposed AD is prompted by a report from MDHI that during a review of the Airworthiness Limitations section of the applicable maintenance manual, MDHI discovered that it did not include a life limit for link assemblies installed on MDHI Model 600N helicopters with a yaw stability augmentation system. Link assembly P/N 600N7617-1, which is made of aluminum, is a life-limited part with a life limit of 15,000 hours TIS. MDHI subsequently revised the Airworthiness Limitations section of the maintenance manual to include the life limit. The proposed actions are intended to prevent a link assembly remaining in service beyond its life limit, which could result in fatigue failure, loss of M/R blade pitch control, and subsequent loss of helicopter control.

    Related Service Information

    We reviewed MDHI CSP-HMI-2 MDHI Maintenance Manual, Chapter 04, Airworthiness Limitations, Revision 47, dated September 30, 2016. This service information specifies a 15,000-hour TIS life limit for link assembly P/N 600N7617-1 for helicopters with a yaw stability augmentation system.

    FAA's Determination

    We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs.

    Proposed AD Requirements

    This proposed AD would require creating a component history card or equivalent record for each affected link assembly, if one does not exist, and recording a life limit of 15,000 hours TIS. This proposed AD would also require determining the hours TIS of the link assembly and replacing each link assembly that has reached or exceeded its life limit.

    Costs of Compliance

    We estimate that this proposed AD would affect 26 helicopters of U.S. Registry and that labor costs average $85 a work-hour. Based on these estimates, we expect it would take 30 minutes to determine the hours TIS of each link assembly and update the aircraft records for a cost of $85 per helicopter and $2,210 for the U.S. fleet. Replacing a link assembly, if needed, would require 2 work-hours, and parts would cost $984 for a cost of $1,154 per link per helicopter.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed, I certify this proposed regulation:

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): MD Helicopters Inc.: Product No. FAA-2017-1125; Product Identifier 2017-SW-078-AD. (a) Applicability

    This AD applies to MD Helicopters Inc. (MDHI) Model 600N helicopters, certificated in any category, with a yaw stability augmentation system and with a main rotor (M/R) blade upper control collective/longitudinal link assembly (link assembly) part number (P/N) 600N7617-1 installed.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a link assembly remaining in service beyond its fatigue life. This condition could result in failure of the link assembly, failure of M/R blade pitch control, and subsequent loss of helicopter control.

    (c) Comments Due Date

    We must receive comments by November 9, 2018.

    (d) Compliance

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

    (e) Required Actions

    Within 100 hours time-in-service (TIS):

    (1) Determine the total hours time-in-service (TIS) of each link assembly P/N 600N7617-1. If the hours TIS are unknown, use the hours TIS of the helicopter. Remove from service any link assembly that has 15,000 or more hours TIS. Thereafter, remove from service any link assembly before accumulating 15,000 hours TIS.

    (2) Create a component history card or equivalent record for each link assembly P/N 600N7617-1 and record a life limit of 15,000 hours TIS.

    (f) Special Flight Permits

    Special flight permits are prohibited.

    (g) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Los Angeles ACO Branch, FAA, may approve AMOCs for this AD. Send your proposal to: Galib Abumeri, Aerospace Engineer (Structures), Airframe Section, Los Angeles ACO Branch, Compliance and Airworthiness Division, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone 562-627-5324; email [email protected]

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

    (h) Additional Information

    For service information identified in this AD, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-6813; or at http://www.mdhelicopters.com. You may review a copy of information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6710, Main Rotor Control.

    Issued in Fort Worth, Texas, on August 27, 2018. Scott A. Horn, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service.
    [FR Doc. 2018-19435 Filed 9-7-18; 8:45 am] BILLING CODE 4910-13-P
    FEDERAL TRADE COMMISSION 16 CFR Part 18 Rescission of Guides for the Nursery Industry AGENCY:

    Federal Trade Commission.

    ACTION:

    Proposed rule; rescission of Guides and removal of Guides from the CFR.

    SUMMARY:

    The Federal Trade Commission (“FTC” or “Commission”), following its initial review of the Guides for the Nursery Industry (“Nursery Guides” or “Guides”), proposes to rescind the Guides and remove them from the Code of Federal Regulations.

    DATES:

    Written comments must be received on or before November 5, 2018.

    ADDRESSES:

    Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write “Nursery Guides (Matter No. P994248)” on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/nurseryguides, by following the instructions on the web-based form. If you prefer to file your comment on paper, mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex A), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610, Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Hampton Newsome, (202) 326-2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room CC-9541, 600 Pennsylvania Avenue NW, Washington, DC 20580.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Commission issued the Guides for the Nursery Industry in 1979.1 These Guides address various sales claims for outdoor plants, including representations regarding quantity, size, grade, kind, species, age, maturity, condition, vigor, hardiness, growth ability, price, and origin or place where grown. The Commission amended the Guides in 1994 to update legal terminology, and again in 2007 to make a technical correction.2

    1 The Commission issued the Guides in 1979 (44 FR 11176 (Feb. 27, 1979)) to replace trade practice rules for the nursery industry (16 CFR part 34) first promulgated in the 1950's (23 FR 4803 (June 28, 1958)). The Guides help marketers avoid making claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. 45. Industry guides, such as the Nursery Guides, are administrative interpretations of laws administered by the Commission. They do not have the force of law and are not independently enforceable. Failure to follow industry guides may result, however, in enforcement action under the FTC Act, 15 U.S.C. 45. In any such action, the Commission must prove that the act or practice at issue is unfair or deceptive in violation of Section 5 of the FTC Act.

    2See 59 FR 64546 (Dec. 14, 1994); 72 FR 901 (Jan. 9, 2007).

    The Commission reviews its rules and guides periodically to seek information about their costs and benefits to consumers and businesses, regulatory and economic impact, and general effectiveness in protecting consumers and helping industry avoid deceptive claims. These reviews assist the Commission in identifying rules and guides that may warrant modification or rescission.

    On February 22, 2018, the Commission initiated its scheduled regulatory review of the Guides and solicited public comment on several issues.3 Specifically, the Commission sought input on, among other things, the continuing need for the Guides; their economic impact; possible conflict between the Guides and state, local, federal, or international laws; and the effect of any technological, economic, environmental, or other industry changes. The Commission also solicited comment on issues specific to the Guides, such as whether the Commission should update plant name classification references. The Commission received one comment, discussed below.

    3See 83 FR 7643 (Feb. 22, 2018).

    II. Comment Received

    The sole commenter, the National Federation of Independent Business (“NFIB”), urged the Commission to rescind the Guides as an unnecessary federal regulatory burden. NFIB asserted that most nursery businesses are small businesses and “a significant portion of the industry is predominantly intrastate rather than interstate in practical character.” Therefore, they contend that regulation or guidance concerning the nursery business is more properly conducted at the state, rather than federal, level. NFIB, however, did not address any of the Commission's specific questions.

    III. Proposed Rescission of the Guides

    The Commission proposes to rescind the Guides because, as discussed below, they no longer appear necessary, and thus serve little purpose to industry or consumers. In proposing this approach, the Commission has considered the prevalence of practices covered by the Guides, industry use of the Guides, and the Commission's ability to address deceptive practices through enforcement actions or issuance of other educational materials in the Guides' absence.

    First, the types of practices detailed in the Guides do not appear to be prevalent in the nursery industry. The Guides focus on misrepresentations about species, size, rate of growth, and other plant characteristics. Recent FTC complaints related to nurseries and outdoor plant sales, however, suggest that current consumer concerns have little to do with these types of practices. Indeed, nearly all recent complaints received by the Commission regarding plant sales involve online plant orders that were either dormant or dead upon arrival, incomplete, not delivered in the time promised (or at all), or not refunded upon request.4

    4 The Guides address some of the practices identified in the complaints indirectly or in limited ways. For instance, § 18.1(c)(2) states it is deceptive to represent “[t]hat industry products are healthy . . . when such is not the fact.” In addition, some complaints involve incorrect orders, which are covered by § 18.1(a). However, the Commission sees no need to maintain the Guides simply to preserve such limited, self-evident guidance.

    Furthermore, the Commission lacks evidence that industry members currently use the Guides to help avoid deceptive practices. For example, FTC staff found no mention of the Guides on websites for industry associations, nurseries, or other industry entities. Additionally, the Commission is unaware of any unique, pervasive consumer protection issues currently associated with the advertising or labeling of outdoor plants. The sole comment submitted to the Commission argued that there was no continuing need for special guidance in the nursery industry. The absence of comments from nursery-related entities in response to the February 2018 notice reinforces the conclusion that the Guides have limited utility or significance to the industry in today's market.

    Finally, the Guides' rescission will have no impact on the FTC's ability to address unfair and deceptive practices in the nursery industry. If the Commission determines that certain practices in the sale of outdoor plants are materially misleading, it can address such practices through enforcement actions under Section 5 of the FTC Act.5 Should industry members desire continued guidance, FTC staff can provide informal guidance through business education materials (e.g., FAQ's) posted on the Commission's website.

    5 Section 5 of the FTC Act, 15 U.S.C. Section 45(a)(1), prohibits unfair or deceptive acts or practices in or affecting commerce.

    IV. Request for Comment

    The Commission seeks comments on all aspects of the proposed rescission. Among other things, commenters should address any continuing need for the Guides, the impacts of their rescission on industry members and consumers, and other measures the Commission should consider in their place (e.g., business education materials).

    You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before November 5, 2018. Write “Nursery Guides (Matter No. P994248)” on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public FTC website, at https://www.ftc.gov/policy/public-comments.

    Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/nurseryguides, by following the instruction on the web-based form. If this Notice appears at http://www.regulations.gov, you also may file a comment through that website.

    If you file your comment on paper, write “Nursery Guides (Matter No. P994248)” on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex A), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610, Washington, DC 20024. If possible, please submit your paper comment to the Commission by courier or overnight service.

    Because your comment will be placed on the publicly accessible FTC website at www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else's Social Security number; date of birth; driver's license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any “trade secret or any commercial or financial information which is . . . privileged or confidential”—as provided by section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names.

    Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled “Confidential,” and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the FTC General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC website—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request.

    Visit the FTC website to read this NPRM and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before November 5, 2018. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

    List of Subjects in 16 CFR Part 18

    Advertising, Nursery, Trade practices.

    PART 18—[REMOVED] For the reasons stated in the preamble, and under the authority of 15 U.S.C. 45, the Federal Trade Commission proposes to remove 16 CFR part 18.

    By direction of the Commission.

    Donald S. Clark, Secretary.
    [FR Doc. 2018-19227 Filed 9-7-18; 8:45 am] BILLING CODE 6750-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0736] RIN 1625-AA00 Safety Zones; Coast Guard Sector New Orleans Annual and Recurring Safety Zones AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to amend its safety zone regulations for annual events in Coast Guard Sector New Orleans' area of responsibility. This proposed rule would add four new recurring safety zones and amend the location or dates for two events already listed in the table. This action is necessary to protect spectators, participants, and vessels from the hazards associated with annual marine events. This proposed rulemaking would prohibit entry into the safety zones during the events unless authorized by the Captain of the Port Sector New Orleans or a designated representative. We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before October 10, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2018-0736 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]

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

    The Captain of the Port Sector New Orleans (COTP) proposes to amend Table 5 of 33 CFR 165.801 to update the table of annual firework displays and other marine events in Coast Guard Sector New Orleans. The current list of annual and recurring safety zones in Sector New Orleans is published in Table 5 of 33 CFR 165.801. That most recent table was created through the interim final rule published on April 22, 2014 (79 FR 22398). The current Table 5 in 33 CFR 165.801 needs to be amended to include new safety zones expected to recur annually and provide new information on two existing safety zones.

    The proposed annually recurring safety zones are necessary to provide for the safety of life on navigable waters during marine events. Based on the nature of these marine events, large numbers of participants and spectators, and locations of the events, the COTP has determined that the events listed in this proposed rule could pose a risk to participants or waterway users if the normal vessel traffic were to interfere with the events. Possible hazards include risks of injury or death from near or actual contact among participant vessels and spectators or mariners traversing through the safety zones. In order to protect the safety of all waterway users, including event participants and spectators, this proposed rule would establish safety zones for the time and location of each marine event.

    This purpose of this proposed rulemaking is to ensure the safety of vessels on the navigable waters in the safety zones during the scheduled events. Vessels would not be permitted to enter the safety zone unless authorized by the COTP or a designated representative. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

    III. Discussion of Proposed Rule

    The COTP proposes to amend its safety zone regulations for annual events in Coast Guard Sector New Orleans listed in Table 5 of 33 CFR 165.801. From time to time this section needs to be amended to properly reflect recurring safety zones in Sector New Orleans' area of responsibility. This rule would add four new recurring safety zones and amend the location or dates of two safety zones already listed in the current table. Other than the described changes, the regulations of 33 CFR 165.801 and other provisions in Table 5 of § 165.801 would remain unchanged.

    The Coast Guard proposes to revise regulations in Table 5 of 33 CFR 165.801 by adding four new safety zones. The safety zones being added to Table 5 are below:

    Date Sponsor/name Sector New
  • Orleans
  • location
  • Safety zone
    Saturday before Labor Day Baton Rouge Paddle Club and Muddy water Paddle Co./Big River Regional Baton Rouge, LA Mississippi River from mile marker 215 to 230.4, Baton Rouge, LA. July 4th L'Auberge Casino Baton Rouge/July 4th Celebration Baton Rouge, LA Mississippi River from mile marker 216.0 to 217.5, Baton Rouge, LA. July 4th Madisonville Old Fashion 4th of July Madisonville, LA Tchefuncte River, at approximate position 30°24′11.63″ N 090°09′17.39 W, in front of the Madisonville Town Hall. Weekend before July 4th Mandeville July 4th Celebration Mandeville, LA Approximately 600′ off the shore of the Mandeville Lakefront 30 21′12.03″ N 90 04′28.95″ W.

    The Coast Guard also proposes to revise regulations in Table 5 of 33 CFR 165.801 by amending two existing safety zones listed in the table. The first safety zone to be amended is tiled as St. John the Baptist Parish Independence Celebration Fireworks. This safety zone is currently listed to occur at the location of mile marker (MM) 175 to MM 176 on the Lower Mississippi River, above Head of Passes, Reserve, LA. This location contains a typo, which the Coast Guard proposes to amend to reflect the correct location in Reserve, LA. The second safety zone to be amended is titled as Independence Day Celebration, Main Street 4th of July (Fireworks Display). The date for this safety zone is currently listed as 4th of July. The Coast Guard proposes to amend the date format to conform to the format of other dates listed in the table. The proposed amendments are below:

    Date Sponsor/name Sector New Orleans location Safety zone 2. July 3 St. John the Baptist Parish Independence Celebration Fireworks Reserve, LA Mississippi River from mile marker 137.5 to 138.5, Reserve, LA. 5. July 4 Independence Day Celebration, Main Street 4th of July (Fireworks Display) Morgan City, LA Morgan City Port Allen Route mile marker 0.0 to 1.0, Morgan City, LA.

    The proposed amendments to these safety zones are necessary to ensure the safety of vessels, spectators, and participants during annual events taking place on or near the navigable waters in Sector New Orleans' area of responsibility. Although this proposed rule would be in effect year-round, the specific safety zones listed in Table 5 of 33 CFR 165.801 would only be enforced during a specified period of time coinciding with the happening of the annual events listed. In accordance with the regulations listed in 33 CFR 165.801(a)-(d), entry into these safety zones would be prohibited unless authorized by the COTP or a designated representative. The regulatory text of the proposed updates to Table 5 of § 165.801 appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771.

    This regulatory action determination is based on the size, location, and duration of the safety zones. These safety zones are limited in size and duration, and are usually positioned away from high vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zones, and the rule would allow vessels to seek permission to enter the zones.

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this proposed action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves the establishment of safety zones limiting access to certain areas in Sector New Orleans' area of responsibility. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

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

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

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice.

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. In § 165.801, revise Table 5 to read as follows: Table 5 of § 165.801—Sector New Orleans Annual and Recurring Safety Zones Date Sponsor/name Sector New Orleans location Safety zone 1. Monday before Mardi Gras Riverwalk Marketplace/Lundi Gras Fireworks Display Mississippi River, New Orleans, LA Mississippi River mile marker 93.0 to 96.0, New Orleans, LA. 2. July 3rd St. John the Baptist/Independence Day celebration Mississippi River, Reserve, LA Mississippi River mile marker 137.5 to 138.5, Reserve, LA. 3. July 4th Riverfront Marketing Group/Independence Day Celebration Mississippi River, New Orleans, LA Mississippi River mile marker 94.3 to 95.3, New Orleans, LA. 4. July 4th Boomtown Casino/Independence Day Celebration Harvey Canal, Harvey, LA Harvey Canal mile marker 4.0 to 5.0, Harvey, LA. 5. July 4th Independence Day Celebration, Main Street 4th of July (Fireworks Display) Morgan City, LA Morgan City Port Allen Route mile marker 0.0 to 1.0, Morgan City, LA. 6. July 4th WBRZ—The Advocate 4th of July Fireworks Display Baton Rouge, LA In the vicinity of the USS Kidd, the Lower Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA. 7. The Saturday before July 4th or on July 4th if that day is a Saturday Independence Day Celebration/Bridge Side Marine Grand Isle, LA 500 Foot Radius from the Pier located at Bridge Side Marine, 2012 LA Highway 1, Grand Isle, LA (Lat: 29°12′14″ N; Long: 090°02′28.47″ W). 8. 1st Weekend of September LA Shrimp and Petroleum Festival Fireworks Display, LA Shrimp and Petroleum Festival and Fair Association Morgan City, LA Atchafalaya River at mile marker 118.5, Morgan City, LA. 9. 1st Weekend in December (Usually that Friday, subject to change due to weather) Office of Mayor-President/Downtown Festival of Lights Baton Rouge, LA Located on Left Descending Bank, Lower Mississippi River north of the USS Kidd, at mile marker 230, Baton Rouge, LA. 10. December 31st Crescent City Countdown Club/New Year's Celebration Mississippi River, New Orleans, LA Mississippi River mile marker 93.5-96.5, New Orleans, LA. 11. December 31st Boomtown Casino/New Year's Celebration Harvey Canal, Harvey, LA Harvey Canal mile marker 4.0 to 5.0, Harvey, LA. 12. July 4th USS Kidd Veterans Memorial/Fourth of July Star-Spangled Celebration Baton Rouge, LA In the vicinity of the USS Kidd, the Lower Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA. 13. Saturday before Labor Day Baton Rouge Paddle Club and Muddy water Paddle Co./Big River Regional Baton Rouge, LA Mississippi River from mile marker 215 to 230.4, Baton Rouge, LA 14. July 4th L'Auberge Casino Baton Rouge/July 4th Celebration Baton Rouge, LA Mississippi River from mile marker 216.0 to 217.5, Baton Rouge, LA 15. July 4th Madisonville Old Fashion 4th of July Madisonville, LA Tchefuncte River, at approximate position 30°24′11.63″ N 090°09′17.39 W, in front of the Madisonville Town Hall. 16. Weekend before July 4th Mandeville July 4th Celebration Mandeville, LA Approximately 600′ off the shore of the Mandeville Lakefront 30 21′12.03″ N 90 04′28.95″ W Dated: August 10, 2018. K.M. Luttrell, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
    [FR Doc. 2018-19588 Filed 9-7-18; 8:45 am] BILLING CODE 9110-04-P
    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1236 [FDMS No. NARA-18-0003; NARA-2018-058] RIN 3095-AB98 Electronic Records AGENCY:

    National Archives and Records Administration (NARA).

    ACTION:

    Proposed rule.

    SUMMARY:

    We are revising our electronic records management regulation to include standards for digitizing temporary Federal records so that agencies may dispose of the original source records, where appropriate and in accordance with the Federal Records Act amendments of 2014.

    DATES:

    Submit comments on or before November 9, 2018.

    ADDRESSES:

    You may submit comments on this rule, identified by RIN 3095-AB98, by any of the following methods:

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

    Email: [email protected] Include RIN 3095-AB98 in the subject line of the message.

    Mail (for paper, disk, or CD-ROM submissions): Send comments to: Regulation Comments Desk (External Policy Program, Strategy & Performance Division (MP)); Suite 4100; National Archives and Records Administration; 8601 Adelphi Road; College Park, MD 20740-6001.

    Hand delivery or courier: Deliver comments to front desk at 8601 Adelphi Road, College Park, MD, addressed to: Regulations Comments Desk, External Policy Program; Suite 4100.

    FOR FURTHER INFORMATION CONTACT:

    Kimberly Keravuori, by email at [email protected], or by telephone at 301-837-3151. Contact [email protected] with any questions on records management and digitization.

    SUPPLEMENTARY INFORMATION:

    Background

    In 2014, the Federal Records Act at 44 U.S.C. 3302 was amended by Public Law 113-87 to require NARA to issue standards for reproducing records digitally `with a view toward the disposal of original records.' The amendment applies to both temporary and permanent records.

    This rule proposes standards for temporary records so that agencies may establish appropriate processes for digitizing temporary records. Temporary records constitute the majority of Federal records; agencies retain them for a specific period of time, as established by records schedules. At the end of the scheduled retention period, temporary records are then destroyed. Digitization standards for temporary records ensure that agencies can continue to use the digital versions for the same purposes as the original records for the duration of that time period.

    This rule would provide agencies with guidance necessary to proceed with significant digitization and destruction projects for temporary records. We are currently developing standards for digitizing permanent records, which we will publish as a separate rulemaking. Until these standards are published as a final rule, we recommend that agencies discuss digitization projects with their general counsel before disposing of original records.

    While we develop the standards necessary for digitizing permanent Federal records, agencies should continue to follow the process in the General Records Schedule, 36 CFR 1225.24, and NARA Bulletin 2010-04, Guidance Concerning Notifications for Previously Scheduled Permanent Records (https://www.archives.gov/records-mgmt/bulletins/2010/2010-04.html).

    In addition to issuing digitization standards for temporary records, we are also removing 36 CFR 1236.1 because it restates the authorities already cited in the authority line. We are also working on revisions to the rest of this regulation regarding electronic records management, but those revisions will be reflected in future rulemakings.

    Regulatory Review Information

    This rule is not a significant regulatory action for the purposes of E.O. 12866 and a significance determination was requested from the Office of Management and Budget (OMB). As a result, this rule is also not subject to deregulatory requirements contained in E.O. 13771. It is also not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. As required by the Regulatory Flexibility Act, we certify that this rule will not have a significant impact on a substantial number of small entities; it applies only to agency efforts to digitize temporary records. This rule also does not have any Federalism implications and does not contain any collections of information under the Paperwork Reduction Act.

    List of Subjects in 36 CFR Part 1236

    Archives and records.

    For the reasons stated in the preamble, NARA amends 36 CFR part 1236 as follows:

    1. Revise the authority citation for part 1236 to read as follows: Authority:

    44 U.S.C. 2904, 3101, 3102, 3105, 3301, 3302, and 3312.

    2. Revise the table of contents by: a. Removing the entry for 1236.1, What are the authorities for part 1236?, and b. Adding a new Subpart D to read as follows: Subpart D—Digitizing Federal Records
    1236.30 Digitizing temporary records.

    (a) Agencies must apply the following standards when digitally reproducing (digitizing) temporary records in order to destroy the original source records.

    (b) When digitizing temporary records, agencies must:

    (1) Capture all information contained in the source records;

    (2) Include all the pages or parts in the source records;

    (3) Ensure they can use the digital versions for the purposes the source records served; and

    (4) Ensure they can locate, retrieve, access, and use the digital versions for the records' entire retention period.

    (c) Agencies must validate that the digital versions meet the standards in subparagraph (b). When an agency has validated that the digital versions meet these standards, the agency can destroy the original source records pursuant to a NARA-approved GRS and agency-specific records schedule.

    David S. Ferriero, Archivist of the United States.
    [FR Doc. 2018-19497 Filed 9-7-18; 8:45 am] BILLING CODE 7515-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51, 52, and 60 [EPA-HQ-OAR-2017-0355; FRL-9983-51-OAR] RIN 2060-AT67 Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of public hearing and extension of comment period.

    SUMMARY:

    On August 31, 2018, the Environmental Protection Agency (EPA) published a document in the Federal Register to announce its proposed Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program, also being called the Affordable Clean Energy (ACE) rule. The document also requested public comment on the proposed action. The EPA is announcing that it will hold a public hearing. The hearing will provide interested parties the opportunity to present data, views, or arguments concerning the proposed action. In addition, the EPA is extending the comment period by 1 day to allow for 30 days of public comment following the public hearing.

    DATES:

    Public Hearing: The EPA will hold a public hearing on October 1, 2018, in Chicago, Illinois. Please refer to the SUPPLEMENTARY INFORMATION section for additional information on the public hearing.

    Comments: The EPA must receive comments on this proposed action no later than October 31, 2018.

    ADDRESSES:

    The hearing will be held in the Lake Michigan Room of the Ralph Metcalfe Federal Building, 77 West Jackson Boulevard, Chicago, Illinois. The hearing will convene at 9:00 a.m. (local time) and will conclude at 8:00 p.m. There will be a lunch break from 12:00 p.m. to 1:00 p.m. and a dinner break from 5:00 p.m. to 6:00 p.m.

    Because this hearing is being held at a U.S. government facility, individuals planning to attend the hearing should be prepared to show valid picture identification to the security staff to gain access to the meeting room. Please note that the REAL ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. For purposes of the REAL ID Act, the EPA will accept government-issued IDs, including driver's licenses, from the District of Columbia and all states and territories except from American Samoa. If your identification is issued by American Samoa, you must present an additional form of identification to enter the Federal building where the public hearing will be held. Acceptable alternative forms of identification include: Federal employee badges, passports, enhanced driver's licenses, and military identification cards. For additional information on the status of your state regarding REAL ID, go to: https://www.dhs.gov/real-id. Any objects brought into the building need to fit through the security screening system, such as a purse, laptop bag, or small backpack. Demonstrations will not be allowed on federal property for security reasons.

    FOR FURTHER INFORMATION CONTACT:

    The EPA will begin pre-registering speakers for the hearing upon publication of this document in the Federal Register. To register to speak at the hearing, please use the online registration form available at https://www.epa.gov/stationary-sources-air-pollution/forms/affordable-clean-energy-rule-proposal-public-hearing or contact Adrian Gates at (919) 541-4860 or at [email protected] The last day to pre-register to speak at the hearing will be September 24, 2018. On September 28, 2018, the EPA will post at https://www.epa.gov/stationary-sources-air-pollution/forms/affordable-clean-energy-rule-proposal-public-hearing a general agenda for the hearing that will list pre-registered speakers in approximate order. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearing to run either ahead of schedule or behind schedule. Additionally, requests to speak will be taken the day of the hearing at the hearing registration desk. The EPA will make every effort to accommodate all speakers who arrive and register, although preferences on speaking times may not be able to be fulfilled.

    SUPPLEMENTARY INFORMATION:

    Each commenter will have 5 minutes to provide oral testimony. The EPA encourages commenters to provide the EPA with a copy of their oral testimony electronically (via email) or in hard copy form.

    The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. Commenters should notify Adrian Gates if they will need specific equipment or if there are other special needs related to providing comments at the hearing. Verbatim transcripts of the hearing and written statements will be included in the docket for the rulemaking.

    Please note that any updates made to any aspect of the hearing will be posted online at https://www.epa.gov/stationary-sources-air-pollution/forms/affordable-clean-energy-rule-proposal-public-hearing. While the EPA expects the hearing to go forward as set forth above, please monitor our website or contact Adrian Gates at (919) 541-4860 or [email protected] to determine if there are any updates. The EPA does not intend to publish a document in the Federal Register announcing updates.

    The EPA will not provide audiovisual equipment for presentations unless we receive special requests in advance. Commenters should notify Adrian Gates when they pre-register to speak that they will need specific equipment. If you require the service of a translator or special accommodations such as audio description, please pre-register for the hearing and describe your needs by September 24, 2018. We may not be able to arrange accommodations without advanced notice.

    Dated: September 4, 2018. Panagiotis Tsirigotis, Director, Office of Air Quality Planning and Standards.
    [FR Doc. 2018-19505 Filed 9-7-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2018-0564, FRL-9983-42—Region 2] Approval and Promulgation of State Plans for Designated Facilities; New York AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve the State plan submitted by New York State to implement and enforce Emission Guidelines (EG) for existing large municipal waste combustor (MWC) units. The State plan is consistent with the amended EG promulgated by EPA on May 10, 2006. New York's plan establishes emission limits and other requirements for the purpose of reducing emissions of lead, mercury, cadmium, organics, hydrogen chloride and other air pollutants from large MWC units throughout the State. New York submitted its plan to fulfill the requirements of sections 111(d) and 129 of the Clean Air Act.

    DATES:

    Comments must be received on or before October 10, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R02-OAR-2018-0564 to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make.

    The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Anthony (Ted) Gardella ([email protected]), Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3892.

    SUPPLEMENTARY INFORMATION:

    The following table of contents describes the format for the SUPPLEMENTARY INFORMATION section:

    I. EPA Action A. What action is EPA proposing today? B. Who is affected by New York's revised State plan? C. How does this approval affect sources located in Indian Nation Land? II. Background A. What is a State plan? B. Why is EPA requiring New York to submit a revised large MWC State plan? C. What are the requirements for a revised large MWC State plan? D. What revisions did EPA make to subpart Cb as amended on May 10, 2006? III. New York's State Plan A. What is contained in the New York State revised plan? B. What approval criteria did we use to evaluate New York's revised State plan? IV. What is EPA's conclusion? V. Statutory and Executive Order Reviews I. EPA Action A. What action is EPA proposing today?

    EPA is proposing to approve New York's revised State plan, submitted on July 12, 2013, for the control of air emissions from existing large municipal waste combustor (MWC) units throughout the State, except for any existing large MWC units located in Indian Nation Land. In accordance with the Clean Air Act (CAA), New York previously submitted a State plan on December 15, 1997, as supplemented on June 22, 1998, which was approved by EPA on August 4, 1998, 63 FR 41427. New York also submitted a revised State plan on October 7, 1998, as supplemented on November 5, 1998 which was approved by the EPA on February 9, 1999, 64 FR 6237. New York submitted its July 2013 revised plan to fulfill the requirements of section 111(d) and 129 of the CAA. The revised State plan adopts and implements the Emission Guidelines (EG) amended by EPA on May 10, 2006 applicable to existing large MWC units, and establishes revised emission limits and other requirements for units constructed on or before September 20, 1994. This proposed approval, once finalized and effective, will make New York's revised large MWC rules included in the State plan federally enforceable.

    B. Who is affected by New York's revised State plan?

    New York's revised State plan regulates all the units designated by the amended EG applicable to existing large MWC units with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction commenced on or before September 20, 1994.

    C. How does this approval affect sources located in Indian Nation Land?

    New York's revised State plan is not applicable to units located in Indian Nation Land. Therefore, if there are any existing large MWC units located in Indian Nation Land these existing large MWC units will be subject to the Federal plan.1

    1 The EPA has not yet promulgated a Federal plan for the May 2006 large MWC EG. The current Federal plan was promulgated on May 24, 2000 (65 FR 33461) and amended on July 14, 2004 (69 FR 42117) for the large MWC EG promulgated on August 25, 1997 (62 FR 45124) as amended on July 12, 2001 (66 FR 36473).

    II. Background A. What is a State plan?

    Section 111 of the CAA, “Standards of Performance for New Stationary Sources,” authorizes EPA to set air emissions standards for certain categories of sources. These standards are called New Source Performance Standards (NSPS). When a NSPS is promulgated for new sources, section 111(d) and EPA regulations also require that EPA publish an EG applicable to control the same pollutants from existing (or designated) facilities. States with designated facilities must then develop a State plan to adopt the requirements of the EG into the State's body of regulations. States must also include in their State plan other requirements, such as inventories, legal authority, reporting and recordkeeping, and public participation documentation, to demonstrate their ability to enforce the State plans.

    Section 129 of the CAA requires EPA to establish performance standards and emission guidelines for various types of new and existing solid waste incineration units. Section 129(b)(2) requires States to submit to EPA for approval section 111(d)/129 plans that implement and enforce the promulgated EG. Section 129(b)(3) requires EPA to promulgate a Federal plan (FP) within two years from the date on which the EG, or when revision to the EG, is promulgated. The FP is applicable to affected facilities when the state has failed to receive EPA approval of the section 111(d)/129 plan. The FP remains in effect until the state submits and receives EPA approval of its section 111(d)/129 plan.

    State plan submittals under CAA sections 111(d) and 129 must be consistent with the relevant EG, in this instance 40 CFR part 60, subpart Cb, and the requirements of 40 CFR part 60, subpart B and part 62, subpart A. Section 129 of the CAA regulates air pollutants that include organics (dioxins/furans), carbon monoxide, metals (cadmium, lead, and mercury), hydrogen chloride, sulfur dioxide, nitrogen oxides, particulate matter, and opacity (as appropriate).

    B. Why is EPA requiring New York to submit a revised large MWC State plan?

    When EPA developed the amended NSPS for large MWC units, we simultaneously developed the amended EG to control air emissions from existing units (see 71 FR 27324, May 10, 2006). Under section 129 of the CAA, the EG is not federally enforceable; therefore, section 129 of the CAA also requires states to submit to EPA for approval State plans that implement and enforce the EG. Under section 129 of the CAA, these State plans must be at least as protective as the EG, and they become federally enforceable upon approval by EPA.

    The procedures for adopting and submitting State plans are located in 40 CFR part 60, subpart B. If a state fails to have an approvable plan in place, the EPA is required to promulgate a federal plan to establish requirements for those sources not under an EPA-approved State plan. New York has developed and submitted a revised State plan, as required by sections 111(d)/129 of the CAA, to gain federal approval to implement and enforce the requirements of the amended EG for existing large MWC units. The procedures for EPA's approval and disapproval of State plans are located in 40 CFR part 62, subpart A. EPA is proposing to approve New York's State plan since it is deemed at least as protective as the standards set in the EG, as amended on May 10, 2006.

    C. What are the requirements for a revised large MWC State plan?

    A section 111(d) State plan submittal must meet the requirements of 40 CFR part 60, subpart B, sections 60.23 through 60.26, and the amended EG found at 40 CFR part 60, subpart Cb (see 71 FR 27324, May 10, 2006). Subpart B contains the procedures for the adoption and submittal of State plans. This subpart addresses public participation, legal authority, emission standards and other emission limitations, compliance schedules, emission inventories, source surveillance, and compliance assurance and enforcement requirements.

    EPA promulgated the amended EG at 40 CFR part 60, subpart Cb on May 10, 2006. Subpart Cb contains guidelines to the states for submittal of plans that address existing large MWC units. In addition, subpart Cb contains the technical requirements for existing large MWC units located at a facility designed to combust municipal solid waste and applies to each MWC unit with a combustion capacity greater than 250 tons per day for which construction was commenced on or before September 20, 1994. A state can address the large MWC technical requirements by adopting its own regulation that includes all the applicable requirements of subpart Cb or by incorporating by reference subpart Cb if the state meets certain requirements. States with affected facilities are required to submit to EPA a section 111(d)/129 plan to implement and enforce all provisions of subpart Cb, as amended on May 10, 2006. Prior to submittal to EPA, the State must make available to the public the State plan and provide opportunity for public comment, including a public hearing.

    D. What revisions did EPA make to subpart Cb as amended on May 10, 2006?

    Section 129(a)(5) of the CAA requires EPA to conduct 5-year reviews of NSPS for solid waste incinerators and amend standards and requirements as appropriate. Accordingly, EPA promulgated amended standards and requirements for large MWCs on May 10, 2006. This rulemaking resulted in two major revisions as well as other revisions. The two major revisions include revisions to emission limits and revisions to compliance testing provisions.

    Relative to the 1995 EG, the emission limits in the May 2006 rulemaking for existing large MWC units are revised for dioxin/furans (only for units equipped with electrostatic precipitators), mercury, cadmium, lead, particulate matter, and nitrogen oxides (for some types of units). The second major revision to the EG included revisions to the compliance testing provisions to require increased data availability from continuous emissions monitoring Systems (CEMS). CEMS are required to generate at least 95% data availability on a calendar year basis and at least 90% data availability on a calendar quarter basis. Also, the compliance testing provisions have also been revised to allow the optional use of CEMS to monitor particulate matter and mercury.

    Other revisions include the following:

    • Operator stand-in provisions to clarify how long a shift supervisor is allowed to be off site when a provisionally certified control room operator is standing in;

    • An 8-hour block average for measuring activated carbon injection rate;

    • A provision for waiver of operating parameter limits during the mercury performance tests and two weeks preceding the test, as is already allowed for dioxin testing;

    • A revision to the relative accuracy criterion for sulfur dioxide and carbon monoxide CEMS;

    • Flexibility to the annual compliance testing schedule so that a facility tests once per calendar year, but no less than 9 months and not more than 15 months since the previous test;

    • Allowing the use of parametric monitoring limits from an exceptionally well-operated MWC unit to be applied to all identical units at the same plant site without retesting for dioxin;

    • The option of monitoring the activated carbon injection pressure or equivalent parameter; and

    • Clarifying the exclusion of monitoring data from compliance calculations under certain conditions.

    New York's revised State plan submittal in July 2013 for existing large MWCs includes all the revisions to subpart Cb, as amended on May 10, 2006.

    III. New York's State Plan A. What is contained in the New York State revised plan?

    On July 12, 2013,2 the New York State Department of Environmental Conservation (NYSDEC) submitted to EPA its section 111(d)/129 State plan to implement EPA's amended EG for existing large MWC units located in New York State.

    2 In an email dated 12/06/2017, the New York State Department of Environmental Conservation provided a copy of the NYS Office of Attorney General opinion finding that NY state administrative agencies are authorized to incorporate by reference federal statutes and regulations that are applicable to the state, and that such action is not prohibited by the NYS constitution.

    New York has incorporated by reference the applicable requirements of the amended EG in Part 200 of Title 6 of the New York Code of Rules and Regulations (6 NYCRR) of the State of New York, entitled “General Provisions.” The amended regulation became effective on October 20, 2007. New York will enforce the requirements under Part 201, entitled “Permits and Registration.” By adopting the requirements of the amended EG into Part 200, NYSDEC has the authority to include them as applicable requirements in permits of emission sources subject to such requirements. As a result, the Part 200 requirements are enforceable by New York and become federally enforceable once the State plan is approved by EPA.

    New York's revised State plan includes all of EPA's required elements as described in the amended EG and 40 CFR subpart B, as summarized herein:

    (1) A demonstration of the State's legal authority to implement the sections 111(d) and 129 State plan;

    (2) State rules adopting the amended EG (6 NYCRR Part 200) as the mechanism for implementing and enforcing the State plan;

    (3) An inventory of seven known large MWC facilities, including eighteen large MWC units, along with an inventory of their air pollutant emissions (see section C of New York's State plan);

    (4) Emission limits, emission standards, operator training and qualification requirements, and operating limits that are at least as protective as the amended EG;

    (5) Enforceable compliance schedules as indicated in the amended EG. Compliance with revised emission limits (see 60.39b) is required as expeditiously as practicable, but not later than April 28, 2009 except as noted in 60.39b(g)(2) for a facility planning an extensive emission control system upgrade who petitions the Administrator for a longer compliance schedule. If approved by the Administrator, the longer compliance schedule may be extended but not later than May 10, 2011. In the event that no plan for implementing the amended EG is approved by EPA, the applicable large MWC units must be in compliance with all requirements of the amended EG no later than May 10, 2011 (see 60.39b(h)).

    (6) Testing, monitoring, reporting and recordkeeping requirements for the designated facilities;

    (7) Records of the public hearing on the revised State plan; and,

    (8) Provisions for annual state progress reports to EPA on implementation of the revised State plan.

    EPA proposes to determine that New York's revised State plan for large MWC units includes all the required State plan elements described in the amended EG and 40 CFR subpart.

    B. What approval criteria did we use to evaluate New York's revised State plan?

    EPA reviewed New York's revised State plan for approval against the following criteria: 40 CFR 60.23 through 60.26, “Subpart B—Adoption and Submittal of State Plans for Designated Facilities;” and “Subpart Cb Emission Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994;” and 40 CFR 62, subpart A, “General Provisions” for “Approval and Promulgation of State Plans for Designated Facilities and Pollutants.”

    IV. What is EPA's conclusion?

    The EPA has determined that New York's revised State plan meets all the applicable approval criteria as discussed above and, therefore, EPA is proposing to approve New York State's sections 111(d) and 129 revised State plan for existing large municipal waste combustor units.

    V. Statutory and Executive Order Reviews

    Pursuant to EPA regulations, the Administrator may approve a plan or any portion thereof upon a determination that it meets Sections 111(d) and 129 of the Act and applicable regulations. 40 CFR Section 62.02.

    Accordingly, this action, if finalized, would merely approve state law as meeting Federal requirements and would not impose additional requirements beyond those imposed by state law.

    For that reason, this action, if finalized:

    • 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); and 13563 (76 FR 3821, January 21, 2011);

    • is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866;

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

    List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides, waste treatment and disposal.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: August 19, 2018. Peter D. Lopez, Regional Administrator, Region 2.
    [FR Doc. 2018-19598 Filed 9-7-18; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 232, 242, and 252 [Docket DARS-2018-0042] RIN 0750-AJ28 Performance-Based Payments and Progress Payments (DFARS Case 2017-D019) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Proposed rule; extension of registration deadline for public meeting.

    SUMMARY:

    For the public meeting to be held on September 14, 2018, from 9 a.m. to 12 p.m., EST, regarding the proposed rule published in the Federal Register on August 24, 2018, at 83 FR 42831, the registration deadline is extended from September 6, 2018, to September 11, 2018, at 12 p.m., EST.

    DATES:

    Comment Date: Comments on the proposed rule should be submitted in writing to the address shown below on or before October 23, 2018, to be considered in the formation of a final rule.

    Public Meeting Date: The public meeting will be held on September 14, 2018, from 9 a.m. to 12 p.m., EST. Registration to attend this meeting must be received by September 11, 2018, at 12 p.m., EST. Further information for the public meeting may be found under the heading SUPPLEMENTARY INFORMATION.

    ADDRESSES:

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

    Submission of Comments: Submit comments identified by DFARS Case 2017-D019, using any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Search for “DFARS Case 2017-D019.” Select “Comment Now” and follow the instructions provided to submit a comment. Please include “DFARS Case 2017-D019” on any attached documents.

    Email: [email protected] Include DFARS Case 2017-D019 in the subject line of the message.

    Fax: 571-372-6094.

    Mail: Defense Acquisition Regulations System, Attn: Ms. Amy G. Williams, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal 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).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Amy Williams, DPC/DARS, at 571-372-6106.

    SUPPLEMENTARY INFORMATION: I. Background

    On August 24, 2018, DoD published a proposed rule in the Federal Register on August 24, 2018 (83 FR 42831) to implement section 831 of the National Defense Authorization Act for Fiscal Year 2017, which addresses the preference for performance-based payments, and to streamline the performance-based payment process. DoD is also proposing to amend the Defense Federal Acquisition Regulation Supplement to revise progress payments and performance-based payments policies for DoD contracts in order to increase its business effectiveness and efficiency as well as to provide an opportunity for both small and other than small entities to qualify for increased customary progress payment rates and maximum performance-based payment rates based on whether the offeror/contractor has met certain performance criteria.

    II. Public Meeting

    DoD is hosting a public meeting on September 14, 2018, to obtain views of experts and interested parties in Government and the private sector regarding revising policies and procedures with regard to customary progress payment rates and maximum performance-based payment rates for DoD contracts.

    Registration: Individuals wishing to attend the public meeting must register by 12 p.m., EST, on September 11, 2018, to ensure adequate room accommodations and to facilitate security screening and entry to the Mark Center. Individuals desiring to attend the meeting, who have not yet registered, should send the following information via email to [email protected]:

    (1) Company or organization name.

    (2) Full name, valid email address, and telephone number of each person planning to attend, and whether the individual is a U.S. citizen.

    (3) Name, title, organizational affiliation of presenter, if desiring to make a presentation, limited to a 5-minute presentation per company or organization. This limitation may be subject to adjustment, depending on the number of entities requesting to present, in order to ensure adequate time for discussion.

    Building Entry: For each registrant, the Pentagon Force Protection Agency will send additional instructions to the email address provided at the time of registration. The registrant must follow the instructions in the email in order to be approved for entry to the Mark Center.

    One valid government-issued photo identification card (i.e., driver's license or passport) will be required in order to enter the building.

    Attendees are encouraged to arrive at least 45 minutes early to accommodate security procedures. Public parking is not available at the Mark Center.

    Presentations: If you wish to make a presentation, please submit an electronic copy of your presentation to [email protected] no later than September 10, 2018. When submitting presentations, provide presenter's name, organization affiliation, telephone number, and email address on the cover page. Please submit presentations only and cite “Public Meeting, DFARS Case 2017-D019” in all correspondence related to the public meeting. There will be no transcription at the meeting. The submitted presentations will be the only record of the public meeting.

    Correspondence and Comments: Please cite “Public Meeting, DFARS Case 2017-D019” in all correspondence related to this public meeting. The submitted presentations will be the only record of the public meeting. To have a presentation considered as a public comment for the formation of the final rule, the presentation, or pertinent excerpts, must be submitted separately as a written comment as instructed in the paragraph titled “Submission of Comments” in ADDRESSES.

    List of Subjects in 48 CFR Parts 232, 242, and 252

    Government procurement.

    Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.
    [FR Doc. 2018-19690 Filed 9-7-18; 8:45 am] BILLING CODE 5001-06-P
    83 175 Monday, September 10, 2018 Notices COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the New Jersey Advisory Committee AGENCY:

    Commission on Civil Rights.

    ACTION:

    Announcement of bi-monthly planning meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA) that a briefing meeting of the New Jersey Advisory Committee to the Commission will convene by conference call and video conference at 11:30 a.m. (EDT) on Friday, September 21, 2018. The purpose of the meeting is to hear a presentation from a subject matter expert on a Fair Housing Act project concept that advisory committee members are considering as the topic for its civil rights project. Following the presentation, the Chair will announce the selection of the Committee Vice Chair and the members will discuss next steps for selecting the topic for its civil rights project.

    DATES:

    Friday, September 21, 2018, at 11:30 a.m. (EDT).

    Public Call-In Information: Conference call number: 1-888-778-9069 and conference call ID: 6970676.

    Readytalk Video Conference Information: Joining the meeting using audio and visual is a two-step process: For audio, dial: 1-888-778-9069; ID: 6970676. For video: Go to this link to register and join the meeting: https://cc.readytalk.com/r/28wsjsjq0j3c&eomhttps://cc.readytalk.com/r/28wsjsjq0j3c&eom.

    Note:

    Although video conference is available, it is not required in order to listen to the conference call via audio.

    If you have difficulty with the video link, try a browser other than Explorer or contact ReadyTalk Technical Support at: 1-800-843-9166. Note: Upon receipt of your registration confirmation email, you will receive a link to test your computer before the meeting, it would be advisable to do so.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Interested members of the public may listen to the discussion by calling the following toll-free conference call number: 1-888-778-9069 and conference call ID: 6970676; video conference link: https://cc.readytalk.com/r/28wsjsjq0j3c&eomhttps://cc.readytalk.com/r/28wsjsjq0j3c&eom.

    Please be advised that, before being placed into the conference call, the conference call operator will ask callers to provide their names, their organizational affiliations (if any), and email addresses (so that callers may be notified of future meetings). Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number provided.

    Persons with hearing impairments may also follow the discussion by first calling the Federal Relay Service at 1-800-877-8339 and providing the operator with the toll-free conference call number: 1-888-778-9069 and conference call 6970676.

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

    Records and documents discussed during the meeting will be available for public viewing as they become available at https://facadatabase.gov/committee/meetings.aspx?cid=263; click the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's website, www.usccr.gov, or to contact the Eastern Regional Office at the above phone number, email or street address.

    Agenda I. Roll Call II. Fair Housing Act Presentation III. Planning Meeting IV. Other Business V. Adjournment Dated: September 5, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2018-19585 Filed 9-7-18; 8:45 am] BILLING CODE P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Michigan Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Michigan Advisory Committee (Committee) will hold a meeting on Wednesday, September 26, 2018, at 12 p.m. EDT for the purpose discussing a project proposal to study voting rights in the state.

    DATES:

    The meeting will be held on Wednesday, September 26, 2018, at 12 p.m. EDT.

    FOR FURTHER INFORMATION CONTACT:

    Melissa Wojnaroski, DFO, at [email protected] or 312-353-8311.

    SUPPLEMENTARY INFORMATION:

    Public Call Information: Dial: 1-877-260-1479, Conference ID: 7019635.

    Members of the public can listen to the discussion. This meeting is available to the public through the above toll-free call-in number. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-877-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 230 S Dearborn St., Suite 2120, Chicago, IL 60604. They may also be faxed to the Commission at (312) 353-8324, or emailed to Carolyn Allen at [email protected] Persons who desire additional information may contact the Midwestern Regional Office at (312) 353-8311.

    Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Michigan Advisory Committee link (http://www.facadatabase.gov/committee/meetings.aspx?cid=255). Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address.

    Agenda Welcome and Introductions Discussion: Civil Rights in Michigan: Voting Rights Public Comment Future Plans and Actions Adjournment Dated: September 4, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2018-19503 Filed 9-7-18; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

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

    Agency: National Institute of Standards and Technology, Commerce.

    Title: Analysis of Exoskeleton-Use for Enhancing Human Performance Data Collection.

    OMB Control Number: 0693-XXXX.

    Form Number(s): None (new submission).

    Type of Request: Regular.

    Number of Respondents: 180.

    Average Hours per Response: 10 minutes.

    Burden Hours: 30 hours.

    Needs and Uses: NIST's Engineering Laboratory will be developing methods to evaluate performance of exoskeletons in two key areas (1) The fit and motion of the exoskeleton device with respect to the users' body and (2) The impact that using an exoskeleton has on the performance of users executing tasks that are representative of activities in industrial settings. The results of these experiments will inform future test method development at NIST, other organizations, and under the purview of the new American Society for Testing Materials (ASTM) Committee F48 on Exoskeletons and Exosuits.

    Affected Public: Individuals participating in the study.

    Frequency: On occasion.

    Respondent's Obligation: Voluntary.

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

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-19504 Filed 9-7-18; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Change in Comment Deadline for Section 232 National Security Investigation of Imports of Uranium AGENCY:

    Bureau of Industry and Security, Office of Technology Evaluation, U.S. Department of Commerce.

    ACTION:

    Notice on change in comment period for previously published notice of request for public comments.

    SUMMARY:

    On July 25, 2018, the Bureau of Industry and Security (BIS) published the Notice of Inquiry for Public Comments on Section 232 National Security Investigation of Imports of Uranium. The July 25 notice specified that the Secretary of Commerce initiated an investigation to determine the effects on the national security of imports of uranium. This investigation has been initiated under section 232 of the Trade Expansion Act of 1962, as amended. The July 25 notice invited interested parties to submit written comments, data, analyses, or other information pertinent to the investigation to the Department of Commerce's Bureau of Industry and Security. The deadline for the written comments was September 10, 2018. Today's notice changes the comment deadline to September 25, 2018.

    DATES:

    Comments may be submitted at any time but must be received by September 25, 2018.

    ADDRESSES:

    All written comments on the notice must be submitted by one of the following methods:

    By the Federal eRulemaking Portal: http://www.regulations.gov. Comments on this notice may be submitted to regulations.gov docket number BIS-2018-0011.

    • By mail or delivery to Michael Vaccaro, Acting Director, Office of Technology Evaluation, Bureau of Industry and Security, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 1093, Washington, DC 20230.

    • By email directly to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Michael Vaccaro, Acting Director, Office of Technology Evaluation, Bureau of Industry and Security, U.S. Department of Commerce (202) 482-4506, [email protected] For more information about the section 232 program, including the regulations and the text of previous investigations, see www.bis.doc.gov/232.

    SUPPLEMENTARY INFORMATION: Background

    On July 25, 2018, (83 FR 35204), the Bureau of Industry and Security (BIS) published the Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Uranium. The July 25 notice specified that on July 18, 2018, the Secretary of Commerce had initiated an investigation to determine the effects on the national security of imports of uranium. This investigation was initiated under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). (See the July 25 notice for additional details on the investigation and the request for public comments.)

    Change in Comment Period Deadline

    The July 25 notice included a comment period deadline of September 10, 2018. The Department received three requests from the public to extend the comment period deadline, including one request from a trade association. The Department of Commerce has determined at this time that it is warranted to extend the comment period by fifteen calendar days. Today's notice specifies that comments may be submitted at any time but must be received by September 25, 2018, to be considered in the drafting of the final report. Today's notice extends the comment period by fifteen days to allow for additional time for the public to submit comments on the investigation of imports of uranium.

    Dated: September 5, 2018. Richard E. Ashooh, Assistant Secretary for Export Administration.
    [FR Doc. 2018-19651 Filed 9-7-18; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.

    DATES:

    Applicable September 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Background

    Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates.

    All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time.

    Notice of No Sales

    If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on Commerce's service list.

    1See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    Respondent Selection

    In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 30 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments five days after the deadline for the initial comments.

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

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

    Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis.

    Separate Rates

    In proceedings involving non-market economy (NME) countries, Commerce begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is Commerce's policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.

    To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, Commerce analyzes each entity exporting the subject merchandise. In accordance with the separate rates criteria, Commerce assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities.

    All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate rate eligibility, Commerce requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the certification, please follow the “Instructions for Filing the Certification” in the Separate Rate Certification. Separate Rate Certifications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States.

    Entities that currently do not have a separate rate from a completed segment of the proceeding 2 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. In addition, companies that received a separate rate in a completed segment of the proceeding that have subsequently made changes, including, but not limited to, changes to corporate structure, acquisitions of new companies or facilities, or changes to their official company name,3 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. The Separate Rate Status Application will be available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the Separate Rate Status Application, refer to the instructions contained in the application. Separate Rate Status Applications are due to Commerce no later than 30 calendar days of publication of this Federal Register notice. The deadline and requirement for submitting a Separate Rate Status Application applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers that purchase and export subject merchandise to the United States.

    2 Such entities include entities that have not participated in the proceeding, entities that were preliminarily granted a separate rate in any currently incomplete segment of the proceeding (e.g., an ongoing administrative review, new shipper review, etc.) and entities that lost their separate rate in the most recently completed segment of the proceeding in which they participated.

    3 Only changes to the official company name, rather than trade names, need to be addressed via a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Certification.

    For exporters and producers who submit a separate-rate status application or certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate rate status unless they respond to all parts of the questionnaire as mandatory respondents.

    Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than July 31, 2019.

    Period to be reviewed Antidumping Duty Proceedings INDIA: Corrosion-Resistant Steel Products, A-533-863 7/1/17-6/30/18 Atlantis International Services Company Ltd JSW Coated Products Limited JSW Steel Ltd Uttam Galva Steels, Netherlands, B.V. Uttam Galva Steels (BVI) Limited Uttam Galva Steels Limited Uttam Value Steels Limited INDIA: Polyethylene Terephthalate (Pet) Film, Sheet and Strip, A-533-824 7/1/17-6/30/18 Ester Industries Limited Garware Polyester Ltd. Jindal Poly Films Ltd (India) MTZ Polyesters Ltd. Polyplex Corporation Ltd. SRF Limited of India Uflex Ltd. Vacmet India Limited ITALY: Carbon and Alloy Steel Cut-To-Length Plate,4 A-475-834 11/14/16-4/30/18 Evraz Palini e Bertoli SpA ITALY: Certain Pasta, A-475-818 7/1/17-6/30/18 Agritalia S.r.L. Francesco Tamma S.p.A. Ghigi Industria Agroalimentare in San Clemente S.r.L. Ghigi 1870 S.p.A. Industria Alimentare Colavita S.p.A. La Molisana S.p.A. Pasta Zara S.p.A. Tesa SrL MALAYSIA: Certain Steel Nails, A-557-816 7/1/17-6/30/18 Astrotech Steels Private Limited Caribbean International Co Ltd. Chia Pao Metal Co., Ltd. Inmax Industries Sdn. Bhd. Inmax Sdn. Bhd. Jinhai Hardware Co. Ltd. Region System Sdn. Bhd. Region International Co. Ltd. Tag Fasteners Sdn. Bhd. OMAN: Certain Steel Nails, A-523-808 7/1/17-6/30/18 Al Kiyumi Global LLC Astrotech Steels Private Ltd. Geekay Wires Limited Oman Fasteners LLC REPUBLIC OF KOREA: Certain Steel Nails, A-580-874 7/1/17-6/30/18 Ahri International Aironware Enterprise (China) Ltd. Ansing Fasteners Co., Ltd. Ansing Rich Tech & Trade Co. Ltd. Astrotech Steels Private Limited Baoding Jieboshun Trading Corp. Ltd. Beijing Catic Industry Ltd. Beijing Jin Heung Co. Ltd. Beijing Qin Li Jeff Trading Co., Ltd. Bestbond International Limited Bipex Co., Ltd. Bolung International Trading Co., Ltd. Cana (Rizhao) Hardware Co. Ltd. Canaxy Asia Inc. Cangzhou Nandagang Guotai Hardware Products Co., Ltd. Caribbean International Co. Ltd. China Dinghao Co., Ltd. China Staple Enterprise Co. Ltd. Chinatrans International Ltd. Chongqing Welluck Trading Co. Ltd. CKX Co. Ltd. Crelux International Co. Ltd. Daejin Steel Co., Ltd. Daejin Co., Ltd. Dezhou Hualude Hardware Products Co., Ltd. Dong E Fuqiang Metal Products Co. Ltd. Dong Yang Diecasting Co., Ltd. Duo-Fast Korea Co., Ltd.5 ECI Taiwan Co., Ltd. Eco Steel Co., Ltd. Eco-Friendly Floor Ltd. Ejem Brothers Limited England Rich Group (China) Ltd. Expeditors Korea Ltd. Faithful Engineering Products Co. Ltd. Fastgrow International Co. General Merchandise Consolidators Inc. Glovis America Guangdong Meite Mechanical Co., Ltd. Guangdong TC Meite Intelligent Tool Co., Ltd. Hanmi Staple Co., Ltd. Hanon Systems Hebei Minmetals Co., Ltd. Hebei Cangzhou New Century Foreign Trade Co., Ltd. Hebei Tinlin Metal Products Co., Ltd. Heilongjiang Linke Wooden Products Co., Ltd. Hebei Tuohua Metal Products Co., Ltd. Hengtuo Metal Products Co Ltd Hi-Sharp Industrial Co., Ltd. Hong Kong Hong Xing Da Trading Co. Ltd. Hongyi Hardware Products Co., Ltd. Huanghua Yingjin Hardware Products Co., Ltd. Inmax Industries Sdn. Bhd. Inmax Sdn. Bhd. Integral Building Products Inc. Je-il Wire Production Co., Ltd. Jeil Tacker Co. Ltd. Je-Il Wire Production Co., Ltd. Jiaxing Slk Import & Export Co., Ltd. Jinhai Hardware Co., Ltd. Jinheung Steel Corporation 6 Jinkaiyi International Industry Co. Jinsco International Corp.7 Konad Co., Ltd. Koram Inc. Koram Steel Co., Ltd. Korea Wire Co., Ltd. Kuehne Nagel Ltd. Leling Taishan Artificial Turf Industry Liaocheng Minghui Hardware Products Linyi Flying Arrow Imp. & Exp. Ltd. Max Co., Ltd. Mingguang Ruifeng Hardware Products Co., Ltd. Nailtech Co. Ltd. Nanjing Caiqing Hardware Co., Ltd. Neo Gls Nexen Corporation Nexen L&C Corp. OEC World Wide Korea Co. Ltd. Oman Fasteners LLC Overseas Distribution Services Inc. Overseas International Steel Industry Pantainer (H.K.) Limited Peace Industries, Ltd. Promising Way (Hong Kong) Limited Qingdao Cheshire Trading Co. Ltd. Qingdao D&L Group Ltd. Qingdao Hongyuan Nail Industry Co. Ltd. Qingdao JCD Machinery Co., Ltd. Qingdao Jisco Co., Ltd. Qingdao Master Metal Products Co. Ltd. Qingdao Meijialucky Industry and Commerce Co., Ltd. Qingdao Mst Industry and Commerce Co., Ltd. Qingdao Rainbow Bird Metal Products Co., Ltd. Qingdao Top Steel Industrial Co., Ltd. Qingdao Tiger Hardware Co., Ltd. Rise Time Industrial Co. Ltd. Sam Un Co. Ltd. SDC International AUST. PTY Ltd. Shandong Dinglong Imp. & Exp. Co. Ltd. Shandong Liaocheng Minghua Metal PR Shandong Oriental Cherry Hardware Import & Export Co., Ltd. Shandong Oriental Cherry Hardware Group Co. Ltd. Shandong Qingyun Hongyi Hardware Products Co., Ltd. Shanghai Haoray International Trade Co. Ltd. Shanghai Lucky Angle Handicraft & Gift Co., Ltd. Shanghai Jade Shuttle Hardware Tools Co., Ltd. Shanghai Pinnacle International Trading Co., Ltd. Shanghai Zoonlion Industrial Co., Ltd. Shanxi Fasteners & Hardware Products Co., Ltd. Shanxi Hairui Trade Co., Ltd. Shanxi Pioneer Hardware Industry Co., Ltd. Shanxi Tianli Industries Co., Ltd. Sherilee Shijiazhuang Shuangjian Tools Co. Ltd. Shijiazhuang Tops Hardware Manufacturing Co., Ltd. S-Mart (Tianjin) Technology Development Co., Ltd. Smile Industries Ltd. Speedmark International Ltd. Suntec Industries Co., Ltd. T.H.I. Group Ltd. The Stanley Works (Langfang) Fastening System Co., Ltd. Tianjin Bluekin Industries Limited Tianjin Coways Metal Products Co. Tianjin Consol International Co., Ltd. Tianjin Fulida Supply Co. Ltd. Tianjin Huixinshangmao Co. Ltd. Tianjin Hweschun Fasteners Manufacturing Co. Ltd. Tianjin Jinchi Metal Products Co., Ltd. Tianjin Jinzhuang Hardware Factory Tianjin Long Sheng Tai Tianjin Lianda Group Co., Ltd. Tianjin Liweitian Metal Technology Tianjin M&C Electronics Co., Ltd. Tianjin Universal Machinery Imp. & Exp. Tianjin Zehui Hardware Co. Ltd. Tianjin Zhonglian Metals Ware Co. Ltd. Tianjin Zhonglian Times Technology Toyo Boeki Co. Ltd. Trim International Inc. Unicorn (Tianjin) Fasteners Co., Ltd. W&K Corporation Limited Weifang Wenhe Pneumatic Tools Co., Ltd. Wire Products Manufacturing Co., Ltd. Wulian Zhanpeng Metals Co., Ltd. Xi'an Metals and Minerals Imp. Exp. Co., Ltd. Xinjiayuan International Trade Co. Xuzhou CIP International Group Co., Ltd. Xinjiayuan Trading Co., Limited Youngwoo Fasteners Co., Ltd. Youngwoo (Cangzhoue) Fasteners Co., Ltd. You-One Fastening Systems Yumark Enterprises Corp. Zhaoqing Harvest Nails Co. Ltd. REPUBLIC OF KOREA: Certain Corrosion-Resistant Steel Products, A-580-878 7/1/17-6/30/18 Anjeon Tech Co., Ltd. Benion Corp. Dongbu Steel, Co., Ltd. Dongbu Incheon Steel Co., Ltd. Dongkuk Steel Mill Co., Ltd. GS Global Corp. Hyosung Corporation Hyundai Steel Company Kima Steel Corporation Ltd. Mitsubishi Corp. (Korea) Ltd. POSCO POSCO Coated & Color Steel Co., Ltd. POSCO Daewoo Corporation Samsung C & T Corporation SeAH Coated Metal Corporation Young Steel Co., Ltd. SOCIALIST REPUBLIC OF VIETNAM: Certain Steel Nails, A-552-818 7/1/17-6/30/18 Airlift Trans Oceanic PVT LTD. CS Song Thuy Jinhai Hardware Co., Ltd. Le Phuong Trading Import Export Long Nguyen Trading & Service Co., Ltd. Orient Express Container Co., Ltd. Region Industries Co., Ltd. Rich State Inc. Sam Hwan Vina Co., Ltd. Thai Bao Im-Ex Corporation Company Truong Vinh Ltd. United Nail Products Co. Ltd. TAIWAN: Certain Steel Nails, A-583-854 7/1/17-6/30/18 All Precision Co., Ltd. Aplus Pneumatic Corp. Astrotech Steels Private Ltd. Basso Industry Corporation Bonuts Hardware Logistic Co. Chen Yu-Lan Challenge Industrial Co., Ltd. Cheng Ch International Co. Ltd. Chia Pao Metal Co. Ltd. Chite Enterprises Co., Ltd. Concord Int's Engineer Ing & Trading Crown Run Industrial Corp. Daejin Steel Company Ltd. Dragon Iron Factory Co., Ltd. Easylink Industrial Co., Ltd. ECI Taiwan Co., Ltd. Encore Green Co., Ltd. Faithful Engineering Products Co. Ltd. Fastenal Asia Pacific Ltd. Four Winds Corporation Fujian Xinhong Mech. & Elec. Co., Ltd. Fuzhou Royal Floor Co., Ltd. Fuzhou Top Golden Import & Export Co. General Merchandise Consolidators Ginfa World Co. Ltd. Gloex Company Home Value Co., Ltd. Hi-Sharp Industrial Corp. Ltd. Hor Liang Industrial Corp. Hyup Sung Indonesia Inmax Industries Sdn. Bhd. Inmax Sdn. Bhd. Interactive Corp. J C Grand Corporation Jet Crown International Co., Ltd. Jade Shuttle Enterprise Co., Ltd. Jia Jue Industry Co. Ltd. Jinhai Hardware Co., Ltd. Jinsco International Corp. Korea Wire Co., Ltd. Liang Chyuan Industrial Co., Ltd. Locksure Inc. Lu Kang Hand Tools Industrial Co., Ltd. Linkwell Industry Co., Ltd. Master United Corp. Nailermate Enterprise Corporation Newrex Screw Corporation NS International Ltd. Noble Shipping Pvt. Ltd. Pacific Concord Internaional Ltd. Panther T&H Industry Co. Patek Tool Co., Ltd. Point Edge Corp. President Industrial Inc. Pronto Great China Corp. Pro-Team Coil Nail Enterprise Inc. PT Enterprise Inc. Romp Coil Nail Industries Inc. Region Industries Co., Ltd. Region System Sdn. Bhd. Region International Co. Ltd. Star World Product and Trading Co., Ltd. Shanxi Pioneer Hardware Industrial Co., Ltd. Shinn Chuen Corp. Six-2 Fastener Imports Inc. Taiwan Wakisangyo Co. Ltd. Taiwan Shan Yin Int'l Co. Ltd. Techart Mechinal Corporation Test-Rite Int'l Co., Ltd. Trans-Top Enterprise Co., Ltd. Transworld Transporation Co., Ltd. Trim International Inc. Tsi-Translink (Taiwan) Co. Ltd. U-Can-Do Hardware Corp. UJL Industries Co., Ltd. Unicatch Industrial Co. Ltd. Universal Power Shipping Ltd. Vanguard International Co., Ltd. VIM International Enterprise Co., Ltd. Vision Exporters Wictory Co. Ltd. Wattson Fastner Group Inc. Wumax Industry Co., Ltd. Yeh Fong Hsin Yehdyi Enterprise Co., Ltd. Yu Tai World Co., Ltd. TAIWAN: Certain Corrosion-Resistant Steel Products, A-583-856 7/1/17-6/30/18 Properity Tieh Enterprise Co., Ltd. Sheng Yu Steel Co., Ltd. Synn Industrial Co., Ltd. Yieh Phui Enterprise Co., Ltd. TAIWAN: Polyethylene Terephthalate (Pet) Film Film, Sheet and Strip, A-583-837 7/1/17-6/30/18 Nan Ya Plastics Corporation Shinkong Materials Technology Corporation THE PEOPLE'S REPUBLIC OF CHINA: Carbon Steel Butt-Weld Pipe Fittings, A-570-814 7/1/17-6/30/18 Jinan Mech Piping Technology Co., Ltd. Pantech Steel Industries SDN BHD THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded Carbon Quality Steel Pipe, A-570-910 7/1/17-6/30/18 A&T Industry Co., Ltd. Allied Transport System Inc. AM Global Shipping Lines Ample Star Enterprises Apex Maritime (Tianjin) Co., Ltd. Artson Fuzhou Co., Ltd. Baoshan Iron & Steel Co., Ltd. Bazhou Dongsheng Hot-Dipped Galvanzied Steel Pipe Co., Ltd. Bazhou Zhuofa Steel Pipe Co. Ltd. Beijing Bell Plumbing Manufacturing Ltd Beijing Jia Mei Ao Trade Co., Ltd. Beijing Jia Mei Ao Trade Limited Beijing Jinghua Shunqi Trading Co., Ltd. Beijing Jinghua Global Trading Co. Beijing Kaishengao Import & Export Beijing Kang Jie Kong International Cargo Agent Co., Ltd. Beijing Sai Lin Ke Hardware Co., Ltd. Beijing Zhongxingtong Technology Company Limted Benxi Northern Steel Pipes, Co. Ltd. Benxi Northern Pipes Co., Ltd. Bestar Steel Co., Ltd. Boyu M/E Company Limited Cangzhou Huasheng Modern Casting Company Limited Chaoteng Group Ltd. CI Consolidators Services Limited CNOOC Kingland Pipeline Co., Ltd. Dalian Brollo Steel Tubes Ltd. Dalian Shipbuilding Import Export Company DSC Quanzhou Dongshan Machine Co., Ltd ETCO (China) International Trading Co., Ltd. Etco International Trading Co., Ltd. Feel Light Co., Ltd. Giant-Move Equipment Co., Ltd. Guangdong Walsall Steel Pipe Industrial Co., Ltd. Guangzhou Juyi Steel Pipe Co., Ltd. Hainan Standard Stone Company Ltd. Hangzhou Chaoteng International Hangzhou Shunlan Trading Company Limited Hebei Machinery Import & Export Co., Ltd. Hebei Metals & Engineering Products Co., Ltd. Hefei Ziking Steel Pipe Co., Ltd. Hengshui Jinghua Steel Pipe Co., Ltd. Hengyang Valin Steel Tube Group Trading Co. Ltd. Herede Engineering Ltd. Hubei Xin Yegang Special Tube Co. Hulado City Steel Pipe Industrial Co., Ltd. Huludao City Steel Pipe Industrial Hunan Henyang Steel Tube (Group) Co., Ltd. Jiangsu Changbao Steel Tube Co., Ltd. Jiangsu Hen-Yuan Garden Supplies Company Ltd. Jiangsu Yulong Steel Pipe Co., Ltd. Jiangsu Zhongheng Dyeing & Finishing Co., Ltd. Jiangyin Jianye Metal Products Co., Ltd. Jinan Meide Casting Co. Ltd. Jinan Meide Piping Technology Company Ltd. Jiangsu Guoqiang Zinc-Plating Industrial Company, Ltd. Kun Shan Sandia Special Steel Pipe Co., Ltd. Kunshan City Yuan Han Electronic Co., Ltd. Kunshan Lets Win Steel Machinery Co., Ltd. Kunshan Taiheiyo Precision Machinery Co., Ltd. LF Logistics (China) Co., Ltd. Lianji Chemical Industry Co Limted Liaoning Northern Steel Pipe Co., Ltd. Longyou Yilaida Electric Appliance Co., Ltd. Myriad Treasure Trading Co., Ltd Nb Bedding & Living Company Limited Ningbo Acei Screw Plug Inc. Ningbo Haishu Jiayong Xingyo Import & Export Co., Ltd. Ningbo Sunny Foreign Trade Co., Ltd. Orient Express Container Co., Ltd. Pacific Star Express Corporation Pangang Chengdu Group Iron & Steel Co., Ltd. Panyu Chu Kong Steel Pipe Co., Ltd. Pudong Prime International Company Limited Qingdao Ocean Master Steel & Plastic Co., Ltd. Qingdao Xiangxing Steel Pipe Co., Ltd. Qingdao Yongjie Import & Export Co., Ltd. Ritime Group Inc. Rizhao Xingye Import & Export Co., Ltd. Rogers Corporation Shandong Liancheng Auto Parts Company Shandong Xinyuan Group Co., Ltd. Shanghai Freeland International Trading Co. Ltd. Shanghai Golden Bridge Int'l Logistic Co., Ltd. Shanghai ITPC Import & Export Co. Ltd Shanghai Metals & Minerals Import & Export Corporation Shanghai Pudong International Transporation Shanghai Wor-Biz Trading Co., Ltd. Shanghai Zhongyou TIPO Steel Pipe Co., Ltd. Shaoxing Xinyue Trade Co., Ltd. Shenyang Boyu M/E Co., Ltd. Shenyang Machinery Import & Export Co., Ltd. Shijiazhuang Zhongqing Imp & Exp Co., Ltd. Sichuan Y&J Industries Company Limited Spat Steel International Hong Kong Limited Suzhou Hongsheng Lighting Products Co. Ltd Tangshan Fengnan District Xinlida Steel Pipe Co., Ltd. The Huludao Steel Tube Industry Co., Ltd. Tianjin Baolai Int'l Trade Co., Ltd. Tianjin Haoyou Industry Trade Co., Ltd. Tianjin Hongshengxiang Paper Company Tianjin Lifengyuanda Steel Group Co. Ltd. Tianjin Lituo Steel Products Co., Ltd. Tianjin Longshenghua Import & Export Tianjin No. 1 Steel Rolled Co., Ltd. Tianjin Pipe International Economic & Trading Corporation Tianjin Ruitong Steel Co., Ltd. Tianjin Shenzhoutong Steel Pipe Co., Ltd. Tianjin Shuangjie Steel Pipe Co., Ltd. Tianjin Vision International Trading Co., Ltd. Tianjin Xingyuda Import and Export Co., Ltd. Tianjin Xingyunda Steel Pipe Co., Ltd. Tianjin Yayi Industrial Co., Ltd. Translink Shipping, Inc. Weifang East Steel Pipe Co., Ltd. Wisco And Crm Wuhan Materials & Trading Co., Ltd. Wuhan Bosen Trade Co., Ltd. Wuxi Eric Steel Pipe Co., Ltd. Wuxi Fastube Industry Co., Ltd. Wuxi Marca International Imports And Exports Xuzhou Global Pipe & Fitting Manufacturing Co., Ltd. Xuzhou Guang Huan Steel Tube Products Co., Ltd. Xuzhou Yongsheng Pipe & Fitting Co., Ltd. Yangzhou Lontrin Steel Tube Co., Ltd. Zhangjiagang Hengchang Welding Materials Co., Ltd. Zhangjiangang Zhongyuan Pipe-Making Co., Ltd. Zhejiang Kingland Pipeline Industry Co., Ltd. Zhejiang Machinery & Equipment Import & Export Co., Ltd. THE PEOPLE'S REPUBLIC OF CHINA: Tapered Roller Bearings,8 A-570-601 6/1/17-5/31/18 Zhejiang Jingli Bearing Technology Co., Ltd. THE PEOPLE'S REPUBLIC OF CHINA: Xanthan Gum, A-570-985 7/1/17-6/30/18 A.H.A. International Co., Ltd. CP Kelco (Shandong) Biological Company Limited Deosen Biochemical (Ordos), Ltd. Deosen Biochemical Ltd. Hebei Xinhe Biochemical Co. Ltd. Inner Mongolia Fufeng Biotechnologies Co., Ltd. Inner Mongolia Jianlong Biochemical Co., Ltd. Jianlong Biotechnology Co., Ltd. Langfang Meihua Bio-Technology Co., Ltd. Meihua Group International Trading (Hong Kong) Limited Neimenggu Fufeng Biotechnologies Co., Ltd. Shandong Fufeng Fermentation Co., Ltd. Shanghai Smart Chemicals Co. Ltd. Xinjiang Fufeng Biotechnologies Co., Ltd. Xinjiang Meihua Amino Acid Co., Ltd. TURKEY: Steel Concrete Reinforcing Bar, A-489-829 3/7/17-6/30/18 Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. Colakoglu Dis Ticaret A.S. Colakoglu Metalurji A.S. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. Kaptan Demir Celik Endustrisi ve Ticaret A.S. Kaptan Metal Dis Ticaret ve Nakliyat A.S. Countervailing Duty Proceedings INDIA: Corrosion-Resistant Steel Products, C-533-864 1/1/17-12/31/17 Uttam Galva Steels Limited INDIA: Polyethylene Terephthalate (Pet) Film, Sheet and Strip, C-533-825 1/1/17-12/31/17 Ester Industries Limited Garware Polyester Ltd. Jindal Poly Films, Ltd MTZ Polyesters Ltd. Polyplex Corporation Ltd. SRF Limited Uflex Ltd. Vacmet India Limited ITALY: Certain Pasta, C-475-819 1/1/17-12/31/17 G.R.A.M.M. S.r.l. Industria Alimentare Colavita, S.p.A. Tesa SrL REPUBLIC OF KOREA: Certain Corrosion-Resistant Steel Products, C-580-879 1/1/17-12/31/17 Bukook Steel Co., Ltd. CJ Korea Express DK Dongshin Co., Ltd. Dongbu Steel Co., Ltd. Dongbu Incheon Steel Co., Ltd. Dongbu Express Dongkuk Steel Mill Co., Ltd. Hongyi (HK) Hardware Products Co., Ltd. Hyundai Glovis Co., Ltd. Hyundai Steel Company Jeil Sanup Co., Ltd. Mitsubishi International Corp. POSCO POSCO C&C POSCO Daewoo Corp. POSCO P&S Sejung Shipping Co., Ltd. SeAH Steel Seil Steel Co., Ltd. SK Networks Co., Ltd. Soon Hong Trading Co., Ltd. Taisan Construction Co., Ltd. TCC Steel Co., Ltd. Union Steel Manufacturing Co., Ltd. Young Sun Steel Co. SOCIALIST REPUBLIC OF VIETNAM: Certain Steel Nails, C-552-819 1/1/17-12/31/17 Airlift Trans Oceanic PVT LTD. CS Song Thuy Jinhai Hardware Co., Ltd. Le Phoung Trading Import Export Long Nguyen Trading & Service Co., Ltd. Orient Express Container Co., Ltd. Region Industries Co., Ltd. Rich State Inc. Sam Hwan Vina Co., Ltd. Thai Bao Im-Ex Corporation Truong Vingh Ltd. United Nail Products Co. Ltd. THE PEOPLE'S REPUBLIC OF CHINA: Certain Oil Country Tubular Goods,9 C-570-944 1/1/17-12/31/17 Yangzhou Shengde Crafts Co., Ltd THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded Carbon Quality Steel Pipe, C-570-911 1/1/17-12/31/17 A&T Industry Co., Ltd. Allied Transport System Inc. AM Global Shipping Lines Ample Star Enterprises Apex Maritime (Tianjin) Co., Ltd. Artson Fuzhou Co., Ltd. Baoshan Iron & Steel Co., Ltd. Bazhou Dongsheng Hot-Dipped Galvanzied Steel Pipe Co., Ltd. Bazhou Zhuofa Steel Pipe Co. Ltd. Beijing Bell Plumbing Manufacturing Ltd Beijing Jia Mei Ao Trade Co., Ltd. Beijing Jinghua Global Trading Co. Beijing Jinghua Shunqui Trading Co., Ltd. Beijing Kaishengao Import & Export Beijing Kang Jie Kong International Cargo Agent Co., Ltd. Beijing Sai Lin Ke Hardware Co., Ltd. Beijing Zhongxingtong Technology Company Limted Benxi Northern Pipes Co., Ltd. Benxi Northern Steel Pipes, Co. Ltd. Bestar Steel Co., Ltd. Cangzhou Huasheng Modern Casting Company Limited Chaoteng Group Ltd. CI Consolidators Services Limited CNOOC Kingland Pipeline Co., Ltd. Dalian Brollo Steel Tubes Ltd. Dalian Shipbuilding Import Export Company DSC Quanzhou Dongshan Machine Co., Ltd. ETCO (China) International Trading Co., Ltd. Etco International Trading Co., Ltd. Feel Light Co., Ltd. Giant-Move Equipment Co., Ltd. Guangdong Walsall Steel Pipe Industrial Co., Ltd. Guangzhou Juyi Steel Pipe Co., Ltd Hainan Standard Stone Company Ltd. Hangzhou Chaoteng International Hangzhou Shunlan Trading Company Limited Hebei Machinery Import & Export Co., Ltd. Hebei Metals & Engineering Products Co., Ltd. Hefei Ziking Steel Pipe Co., Ltd. Hengshui Jinghua Steel Pipe Co., Ltd. Hengyang Valin Steel Tube Group Trading Co. Ltd. Herede Engineering Ltd. Hubei Xin Yegang Special Tube Co. Huluado City Steel Pipe Industrial Co., Ltd. Hunan Henyang Steel Tube (Group) Co., Ltd. Jiangsu Changbao Steel Tube Co., Ltd. Jiangsu Guoqiang Zinc-Plating Industrial Company, Ltd. Jiangsu Hen-Yuan Garden Supplies Company Ltd. Jiangsu Yulong Steel Pipe Co., Ltd. Jiangsu Zhongheng Dyeing & Finishing Co., Ltd. Jiangyin Jianye Metal Products Co., Ltd. Jinan Meide Casting Co. Ltd. Jinan Meide Piping Technology Company Ltd. Kun Shan Sandia Special Steel Pipe Co., Ltd. Kushan City Yuan Han Electronic Co., Ltd. Kushan Lets Win Steel Machinery Co., Ltd. Kushan Taiheiyo Precision Machinery Co., Ltd. LF Logistics (China) Co., Ltd. Lianji Chemical Industry Co Limited Liaoning Northern Steel Pipe Co., Ltd. Longyou Yilaida Electric Appliance Co., Ltd. Myriad Treasure Trading Co., Ltd. Nb Bedding & Living Company Limited Ningbo Acei Screw Plug Inc. Ningbo Haishu Jiayong Xingyo Import & Export Co., Ltd. Ningbo Sunny Foreign Trade Co., Ltd. Orient Express Container Co., Ltd. Pacific Star Express Corporation Pangang Chengdu Group Iron & Steel Co., Ltd. Panyu Chu Kong Steel Pipe Co., Ltd. Pudong Prime International Company Limited Qingdao Ocean Master Steel & Plastic Co., Ltd. Qingdao Xiangxing Steel Pipe Co., Ltd. Qingdao Yongjie Import & Export Co., Ltd. Ritime Group Inc. Rizhao Xingye Import & Export Co., Ltd. Rogers Corporation Shandong Liancheng Auto Parts Company Shandong Xinyuan Group Co., Ltd. Shanghai Freeland International Trading Co. Ltd. Shanghai Golden Bridge Int'l Logistic Co., Ltd. Shanghai ITPC Import & Export Co. Ltd. Shanghai Metals & Minerals Import & Export Corporation Shanghai Pudong International Transporation Shanghai Wor-Biz Trading Co., Ltd. Shanghai Zhongyou TIPO Steel Pipe Co., Ltd. Shaoxing Xinyue Trade Co., Ltd. Shenyang Boyu M/E Co., Ltd Boyu M/E Company Limited Shenyang Machinery Import & Export Co., Ltd. Shijiazhuang Zhongqing Imp & Exp Co., Ltd. Sichuan Y&J Industries Company Limited Spat Steel International Hong Kong Limited Suzhou Hongsheng Lighting Products Co. Ltd. Tangshan Fengnan District Xinlida Steel Pipe Co., Ltd. The Huludao Steel Tube Industry Co., Ltd. Tianjin Baolai International Trade Co., Ltd. Tianjin Haoyou Industry Trade Co., Ltd. Tianjin Hongshengxiang Paper Company Tianjin Lifengyuanda Steel Group Co. Ltd. Tianjin Lituo Steel Products Co., Ltd. Tianjin Longshenghua Import & Export Tianjin No. 1 Steel Rolled Co., Ltd. Tianjin Pipe International Economic & Trading Corporation Tianjin Ruitong Steel Co., Ltd. Tianjin Shenzhoutong Steel Pipe Co., Ltd. Tianjin Shuangjie Steel Pipe Co., Ltd. Tianjin Vision International Trading Co., Ltd. Tianjin Xingyuda Import and Export Co., Ltd. Tianjin Xingyunda Steel Pipe Co., Ltd. Tianjin Yayi Industrial Co., Ltd. Translink Shipping, Inc. Weifang East Steel Pipe Co., Ltd. WISCO & CRM Wuhan Materials & Trading Co., Ltd. Wuhan Bosen Trade Co., Ltd. Wuxi Eric Steel Pipe Co., Ltd. Wuxi Fastube Industry Co., Ltd. Wuxi Marca International Imports and Exports Xuzhou Global Pipe & Fitting Manufacturing Co., Ltd. Xuzhou Guang Huan Steel Tube Products Co., Ltd. Xuzhou Yongsheng Pipe & Fitting Co., Ltd. Yangzhou Lontrin Steel Tube Co., Ltd. Zhangjiagang Hengchang Welding Materials Co., Ltd. Zhangjiangang Zhongyuan Pip-Making Co., Ltd. Zhejiang Kingland Pipeline Industry Co., Ltd. Zhejiang Machinery & Equipment Import & Export Co., Ltd. TURKEY: Steel Concrete Reinforcing Bar, C-489-830 3/1/17-12/31/17 Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. Suspension Agreements

    None.

    4 The name of the company listed above was misspelled in the initiation notice that published on July 12, 2018 (83 FR 32270). The correct spelling of the company name is listed in this notice.

    5 Excluded from the order are certain steel nails from Korea both produced and exported by any combinations of the following: Jinheung Steel Corporation, Jinsco International Corporation, and Duo-Fast Korea Co., Ltd. See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Order, 80 FR 39994 (July 13, 2015). Accordingly, we are initiating this administrative review with respect to certain steel nails (1) produced by Jinheung Steel Corporation, Jinsco International Corporation, or Duo-Fast Korea Co., Ltd., and exported by any other company other than these three companies, or (2) produced by any other company other than these three companies and exported by Jinheung Steel Corporation, Jinsco International Corporation, or Duo-Fast Korea Co., Ltd.

    6Id.

    7Id.

    8 The name of the company listed above was misspelled in the initiation notice that published on August 10, 2018 (83 FR 39688). The correct spelling of the company name is listed in this notice.

    9 The company name listed above was inadvertently omitted from the initiation notice that published on March 16, 2018 (83 FR 11685).

    Duty Absorption Reviews

    During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested.

    Gap Period Liquidation

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

    Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under administrative protective orders in accordance with the procedures outlined in Commerce's regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)).

    Factual Information Requirements

    Commerce's regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment.

    Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information.10 Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives. All segments of any antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.11 Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements.

    10See section 782(b) of the Act.

    11See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.

    Extension of Time Limits Regulation

    Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. See 19 CFR 351.302. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning U.S. Customs and Border Protection data; and (5) quantity and value questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Please review the final rule, available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.

    These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: September 4, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2018-19570 Filed 9-7-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-890] Wooden Bedroom Furniture From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) is rescinding, in part, the administrative review of the antidumping duty (AD) order on wooden bedroom furniture from the People's Republic of China (China) for the period January 1, 2017, through December 31, 2017.

    DATES:

    Applicable September 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Patrick O'Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-0989.

    SUPPLEMENTARY INFORMATION:

    Background

    On January 2, 2018, Commerce published in the Federal Register, a notice of opportunity to request an administrative review of the AD order on wooden bedroom furniture from China (the Order) covering the period January 1, 2017, through December 31, 2017.1 Commerce received multiple timely requests for an administrative review of the Order.2 On March 16, 2018, in accordance with section 751(a) of Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i), Commerce published in the Federal Register a notice initiating an administrative review of the Order with respect to 73 companies or groups of companies covering the period January 1, 2017, through December 31, 2017.3 All requesting parties subsequently timely withdrew their requests to review the 60 companies or groups of companies listed in the Appendix to this notice.4

    1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 83 FR 98 (January 2, 2018).

    2See letter from Decca Furniture Limited, re: “Wooden Bedroom Furniture from the People's Republic of China: Decca Furniture Limited's Request for Administrative Review,” dated January 5, 2018; see letter from Guangzhou Maria Yee Furnishings Ltd., PYLA HK LIMITED, and MARIA YEE, INC., re: “Wooden Bedroom Furniture from the People's Republic of China; Request for Administrative Review and Request for Voluntary Respondent Treatment,” dated January 22, 2018; see letter from the American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. (the petitioners), re: “Wooden Bedroom Furniture from the People's Republic of China: Request for Initiation of Administrative Review,” dated January 31, 2018; see letter from Kimball International, Inc., Kimball Furniture Group, Inc., and Kimball Hospitality Inc., re: “Wooden Bedroom Furniture from the People's Republic of China: Request for Initiation of Antidumping Duty Administrative Review,” dated January 31, 2018; see letter from Xiamen Yongquan Sci-Tech Development Co., Ltd., re: “Request for Thirteenth Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China,” dated January 31, 2018.

    3See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 11685 (March 16, 2018) (Initiation Notice).

    4 See letter from the petitioners, re: “Wooden Bedroom Furniture From The People's Republic of China/Partial Withdrawal Of Request For Administrative Review, dated June 8, 2018; see letter from Kimball International, Inc., Kimball Furniture Group, Inc., and Kimball Hospitality Inc., re: “Wooden Bedroom Furniture from The People's Republic of China: Withdrawal of Request for Administrative Review,” dated June 11, 2018; see letter from Xiamen Yongquan Sci-Tech Development Co., Ltd., re: “Withdrawal of Review Request: Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China (POR 01/01/17-12/31/17),” dated June 11, 2018; see letter from Guangzhou Maria Yee Furnishings Ltd., PYLA HK LIMITED, and MARIA YEE, INC., re: “Wooden Bedroom Furniture from the People's Republic of China; Maria Yee's Withdrawal of Request for Review,” dated June 12, 2018; see letter from the petitioners, re: “Wooden Bedroom Furniture From The People's Republic of China/Partial Withdrawal Of Request For Administrative Review, dated June 13, 2018; see letter from the petitioners, re: “Wooden Bedroom Furniture From The People's Republic of China/Partial Withdrawal Of Request For Administrative Review, dated June 14, 2018.

    Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested the review withdraw their requests within 90 days of the date of publication of the notice of initiation of the requested review. All requesting parties withdrew their respective requests for an administrative review of the 60 companies or groups of companies listed in the Appendix to this notice within 90 days of the date of publication of the Initiation Notice. Accordingly, Commerce is rescinding this review with respect to these companies, in accordance with 19 CFR 351.213(d)(1).5 The administrative review will continue with respect to all other firms for which a review was requested and initiated.

    5See Appendix. As stated in Change in Practice in NME Reviews, Commerce will no longer consider the non-market economy (NME) entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013) (Change in Practice in NME Reviews). The China-wide entity is not subject to this administrative review because no interested party requested a review of the entity. See Initiation Notice.

    Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all subject merchandise exported by the companies listed in the Appendix to this notice that was entered, or withdrawn from warehouse, for consumption during the period of review. The entries shall be assessed AD duties that are equal to the cash deposit of estimated AD duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice.

    Notification to Importers

    This notice serves as the only reminder to importers whose entries will be liquidated as a result of this rescission notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of AD duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of the AD duties occurred and the subsequent assessment of doubled AD duties.

    Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.

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

    Dated: August 31, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix • Dongguan Chengcheng Furniture Co., Ltd. • Dongguan Mu Si Furniture Co., Ltd. • Dongguan Nova Furniture Co., Ltd. • Dongguan Singways Furniture Co., Ltd. • Dongguan Sunshine Furniture Co., Ltd. • Dongguan Yujia Furniture Co., Ltd. • Dongguan Zhisheng Furniture Co., Ltd. • Dorbest Ltd., Rui Feng Woodwork Co., Ltd. AKA Rui Feng Woodwork (Dongguan) Co., Ltd., Rui Feng Lumber Development Co., Ltd. AKA Rui Feng Lumber Development (Shenzhen) Co., Ltd. • Dream Rooms Furniture (Shanghai) Co. Ltd. • Fleetwood Fine Furniture LP • Fortune Furniture Ltd., Dongguan Fortune Furniture Ltd. • Fujian Lianfu Forestry Co., Ltd. (Aka Fujian Wonder Pacific, Inc.) • Fuzhou Huan Mei Furniture Co., Ltd. • Golden Well International (HK) Ltd. • Guangdong New Four Seas Furniture Manufacturing Ltd. • Guangzhou Lucky Furniture Co., Ltd. • Guangzhou Maria Yee Furnishings Ltd., Pyla Hk Ltd., Maria Yee, Inc. • Hang Hai Woodcrafts Art Factory • Jiangmen Kinwai Furniture Decoration Co., Ltd. • Jiangmen Kinwai International Furniture Co., Ltd. • Jiangsu Dare Furniture Co., Ltd. • Jiangsu Xiangsheng Bedtime Furniture Co., Ltd. • Jiangsu Yuexing Furniture Group Co., Ltd. • Jiashan Zhenxuan Furniture Co., Ltd. • Jiedong Lehouse Furniture Co., Ltd. • King's Way Furniture Industries Co., Ltd., Kingsyear Ltd. • Nanhai Jiantai Woodwork Co., Ltd., Fortune Glory Industrial Ltd. (H.K. Ltd.) • Nantong Wangzhuang Furniture Co. Ltd. • Nantong Yangzi Furniture Co., Ltd. • Nathan International Ltd., Nathan Rattan Factory • Perfect Line Furniture Co., Ltd. • Putian Jinggong Furniture Co., Ltd. • Qingdao Beiyuan Shengli Furniture Co., Ltd., Qingdao Beiyuan Industry Trading Co., Ltd. • Shanghai Jian Pu Export & Import Co., Ltd. • Shanghai Maoji Imp and Exp Co., Ltd. • Shenzhen Diamond Furniture Co., Ltd. • Shenzhen Forest Furniture Co., Ltd. • Shenzhen Jiafa High Grade Furniture Co., Ltd., Golden Lion International Trading Ltd. • Shenzhen New Fudu Furniture Co., Ltd. • Shenzhen Wonderful Furniture Co., Ltd. • Shenzhen Xingli Furniture Co., Ltd. • Shing Mark Enterprise Co., Ltd., Carven Industries Ltd. (BVI), Carven Industries Ltd. (HK), Dongguan Zhenxin Furniture Co., Ltd., Dongguan Yongpeng Furniture Co., Ltd. • Songgang Jasonwood Furniture Factory, Jasonwood Industrial Co., Ltd. S.A. • Sunforce Furniture (Hui-Yang) Co., Ltd., Sun Fung Wooden Factory, Sun Fung Company, Shin Feng Furniture Co., Ltd., Stupendous International Co., Ltd. • Superwood Co., Ltd., Lianjiang Zongyu Art Products Co., Ltd. • Tradewinds Furniture Ltd., Fortune Glory Industrial Ltd. (H.K. Ltd.) • Tube-Smith Enterprise (Zhangzhou) Co., Ltd., Tube-Smith Enterprise (Haimen) Co., Ltd., Billonworth Enterprises Ltd. • Weimei Furniture Co., Ltd. • Wuxi Yushea Furniture Co., Ltd. • Xiamen Yongquan Sci-Tech Development Co., Ltd. • Xilinmen Group Co. Ltd. • Yihua Lifestyle Technology Co., Ltd. • Yihua Timber Industry Co., Ltd., Guangdong Yihua Timber Industry Co., Ltd. • Zhangjiagang Daye Hotel Furniture Co., Ltd. • Zhangzhou Guohui Industrial & Trade Co., Ltd. • Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. • Zhong Shan Fullwin Furniture Co., Ltd. • Zhongshan Fookyik Furniture Co., Ltd. • Zhongshan Golden King Furniture Industrial Co., Ltd. • Zhoushan For-Strong Wood Co., Ltd.
    [FR Doc. 2018-19569 Filed 9-7-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-967] Aluminum Extrusions From the People's Republic of China: Final Results of Changed Circumstances Review AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) is recalculating the cash deposit rate for certain Chinese exporters to reflect the revised countervailing duty (CVD) export subsidy offsets from the amended final CVD determination.

    DATES:

    Applicable September 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Mark Flessner or Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On July 20, 2018, Commerce published the initiation and preliminary results of its changed circumstances review of the antidumping duty order 1 on aluminum extrusions from China pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216 and 351.221(c)(3).2 In the Initiation and Preliminary Results, interested parties were provided an opportunity to comment and request a hearing regarding our preliminary finding that the cash deposit rate for the 21 exporters/producers who retain the separate rate assigned in the LTFV investigation should be recalculated to reflect the revised CVD export subsidy offsets from the amended final CVD determination.3 We received no comments from interested parties and no request for a hearing.4

    1See Aluminum Extrusions from the People's Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (the Order).

    2See Aluminum Extrusions from the People's Republic of China: Initiation and Preliminary Results of Expedited Changed Circumstances Review, 83 FR 34548 (July 20, 2018) (Initiation and Preliminary Results).

    3Id., 83 FR at 34550-34551; Aluminum Extrusions from the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination Pursuant to Court Decision, 80 FR 69640 (November 10, 2015) (CVD Amended Final Determination).

    4 On August 15, 2018, the Aluminum Extrusions Fair Trade Committee (the petitioner) informed Commerce of minor grammatical errors in certain of the company names listed in Initiation and Preliminary Results. See Memorandum: “Changed Circumstances Review of the Antidumping Duty Order on Aluminum Extrusions from the People's Republic of China: Ex Parte Telephone Conversations,” dated August 30, 2018. We have corrected those errors (and others not pointed out by the petitioner) in these final results.

    Scope of the Order

    The merchandise covered by the Order is aluminum extrusions which are shapes and forms, produced by an extrusion process, made from aluminum alloys having metallic elements corresponding to the alloy series designations published by The Aluminum Association commencing with the numbers 1, 3, and 6 (or proprietary equivalents or other certifying body equivalents). Specifically, the subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 1 contains not less than 99 percent aluminum by weight. The subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 3 contains manganese as the major alloying element, with manganese accounting for not more than 3.0 percent of total materials by weight. The subject merchandise is made from an aluminum alloy with an Aluminum Association series designation commencing with the number 6 contains magnesium and silicon as the major alloying elements, with magnesium accounting for at least 0.1 percent but not more than 2.0 percent of total materials by weight, and silicon accounting for at least 0.1 percent but not more than 3.0 percent of total materials by weight. The subject aluminum extrusions are properly identified by a four-digit alloy series without either a decimal point or leading letter. Illustrative examples from among the approximately 160 registered alloys that may characterize the subject merchandise are as follows: 1350, 3003, and 6060.

    Aluminum extrusions are produced and imported in a wide variety of shapes and forms, including, but not limited to, hollow profiles, other solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that are drawn subsequent to extrusion (drawn aluminum) are also included in the scope.

    Aluminum extrusions are produced and imported with a variety of finishes (both coatings and surface treatments), and types of fabrication. The types of coatings and treatments applied to subject aluminum extrusions include, but are not limited to, extrusions that are mill finished (i.e., without any coating or further finishing), brushed, buffed, polished, anodized (including brightdip anodized), liquid painted, or powder coated. Aluminum extrusions may also be fabricated, i.e., prepared for assembly. Such operations would include, but are not limited to, extrusions that are cut-to-length, machined, drilled, punched, notched, bent, stretched, knurled, swedged, mitered, chamfered, threaded, and spun. The subject merchandise includes aluminum extrusions that are finished (coated, painted, etc.), fabricated, or any combination thereof.

    Subject aluminum extrusions may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, window frames, door frames, solar panels, curtain walls, or furniture. Such parts that otherwise meet the definition of aluminum extrusions are included in the scope. The scope includes the aluminum extrusion components that are attached (e.g., by welding or fasteners) to form subassemblies, i.e., partially assembled merchandise unless imported as part of the finished goods `kit' defined further below. The scope does not include the non-aluminum extrusion components of subassemblies or subject kits.

    Subject extrusions may be identified with reference to their end use, such as fence posts, electrical conduits, door thresholds, carpet trim, or heat sinks (that do not meet the finished heat sink exclusionary language below). Such goods are subject merchandise if they otherwise meet the scope definition, regardless of whether they are ready for use at the time of importation. The following aluminum extrusion products are excluded: Aluminum extrusions made from aluminum alloy with an Aluminum Association series designations commencing with the number 2 and containing in excess of 1.5 percent copper by weight; aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 5 and containing in excess of 1.0 percent magnesium by weight; and aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 7 and containing in excess of 2.0 percent zinc by weight.

    The scope also excludes finished merchandise containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry, such as finished windows with glass, doors with glass or vinyl, picture frames with glass pane and backing material, and solar panels. The scope also excludes finished goods containing aluminum extrusions that are entered unassembled in a “finished goods kit.” A finished goods kit is understood to mean a packaged combination of parts that contains, at the time of importation, all of the necessary parts to fully assemble a final finished good and requires no further finishing or fabrication, such as cutting or punching, and is assembled “as is” into a finished product. An imported product will not be considered a “finished goods kit” and therefore excluded from the scope of the Order merely by including fasteners such as screws, bolts, etc. in the packaging with an aluminum extrusion product.

    The scope also excludes aluminum alloy sheet or plates produced by other than the extrusion process, such as aluminum products produced by a method of casting. Cast aluminum products are properly identified by four digits with a decimal point between the third and fourth digit. A letter may also precede the four digits. The following Aluminum Association designations are representative of aluminum alloys for casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0, 360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The scope also excludes pure, unwrought aluminum in any form.

    The scope also excludes collapsible tubular containers composed of metallic elements corresponding to alloy code 1080A as designated by the Aluminum Association where the tubular container (excluding the nozzle) meets each of the following dimensional characteristics: (1) Length of 37 millimeters (“mm”) or 62 mm, (2) outer diameter of 11.0 mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm.

    Also excluded from the scope of this Order are finished heat sinks. Finished heat sinks are fabricated heat sinks made from aluminum extrusions the design and production of which are organized around meeting certain specified thermal performance requirements and which have been fully, albeit not necessarily individually, tested to comply with such requirements.

    Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States (HTSUS): 6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060, 8481.90.9085, 9031.90.9195, 8424.90.9080, 9405.99.4020, 9031.90.90.95, 7616.10.90.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30, 7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40, 8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8515.90.20.00, 8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00, 8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8543.90.88.80, 8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00, 9013.90.90.00, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50, 9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10, 9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80, 9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10, 9403.90.80.15, 9403.90.80.20, 9403.90.80.41, 9403.90.80.51, 9403.90.80.61, 9506.11.40.80, 9506.51.40.00, 9506.51.60.00, 9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20, 9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00, 9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 9507.30.60.00, 9507.90.60.00, and 9603.90.80.50.

    The subject merchandise entered as parts of other aluminum products may be classifiable under the following additional Chapter 76 subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as well as under other HTSUS chapters. In addition, fin evaporator coils may be classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive.

    Final Results of Changed Circumstances Review

    For the reasons stated in the Initiation and Preliminary Results, and because no comments were submitted by interested parties, Commerce continues to find that changed circumstances exist, and that the appropriate cash deposit rate for the 21 exporters/producers who retain a separate rate assigned in the LTFV investigation should be recalculated to reflect the revised CVD export subsidy offsets from the CVD Amended Final Determination. 5

    5See Memorandum, “Preliminary Export Subsidy Offset Calculation Memorandum,” dated July 16, 2018.

    The cash deposit rates for these final results are listed below:

    Exporter Producer Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Cash deposit
  • rate
  • (percent)
  • Changshu Changsheng Aluminium Products Co., Ltd Changshu Changsheng Aluminium Products Co., Ltd 32.79 32.51 Cosco (J.M) Aluminium Co., Ltd Cosco (J.M) Aluminium Co., Ltd./Jiangmen Qunxing Hardware Diecasting Co., Ltd 32.79 32.51 First Union Property Limited Top-Wok Metal Co., Ltd 32.79 32.51 Foshan Jinlan Non-ferrous Metal Product Co. Ltd Foshan Jinlan Aluminium Co. Ltd 32.79 32.51 Foshan Sanshui Fenglu Aluminium Co., Ltd Foshan Sanshui Fenglu Aluminium Co., Ltd 32.79 32.51 Guangdong Hao Mei Aluminium Co., Ltd Guangdong Hao Mei Aluminium Co., Ltd 32.79 32.51 Guangdong Weiye Aluminium Factory Co., Ltd Guangdong Weiye Aluminium Factory Co., Ltd 32.79 32.51 Guangdong Xingfa Aluminium Co., Ltd Guangdong Xingfa Aluminium Co., Ltd 32.79 32.51 Hanwood Enterprises Limited Pingguo Aluminium Company Limited 32.79 32.51 Honsense Development Company Kanal Precision Aluminium Product Co., Ltd 32.79 32.51 Innovative Aluminium (Hong Kong) Limited Taishan Golden Gain Aluminium Products Limited 32.79 32.51 Jiangyin Trust International Inc Jiangyin Xinhong Doors and Windows Co., Ltd 32.79 32.51 Longkou Donghai Trade Co., Ltd Shandong Nanshan Aluminum Co., Ltd 32.79 32.51 Ningbo Yili Import and Export Co., Ltd Zhejiang Anji Xinxiang Aluminum Co., Ltd 32.79 32.51 North China Aluminum Co., Ltd North China Aluminum Co., Ltd 32.79 32.51 PanAsia Aluminium (China) Limited PanAsia Aluminium (China) Limited 32.79 32.51 Pingguo Asia Aluminum Co., Ltd Pingguo Asia Aluminum Co., Ltd 32.79 32.51 Popular Plastics Co., Ltd Hoi Tat Plastic Mould & Metal Factory 32.79 32.51 Tai-Ao Aluminium (Taishan) Co., Ltd Tai-Ao Aluminium (Taishan) Co., Ltd 32.79 32.51 Tianjin Ruixin Electric Heat Transmission Technology Co., Ltd Tianjin Ruixin Electric Heat Transmission Technology Co., Ltd 32.79 32.51 Zhejiang Yongkang Listar Aluminium Industry Co., Ltd Zhejiang Yongkang Listar Aluminium Industry Co., Ltd 32.79 32.51
    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this changed circumstances review, and apply to all shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by 19 CFR 351.221(b)(7): For the 21 producers and/or exporters listed above that received a separate rate in the LTFV investigation and continue to retain that separate rate, the cash deposit rate will be the producer/exporter-specific rate listed above. These deposit requirements, when imposed, shall remain in effect until further notice.

    We are issuing and publishing this notice of final results in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and 19 CFR 351.216(e) and 351.221(c)(3).

    Dated: September 4, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2018-19571 Filed 9-7-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-017] Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission, in Part; 2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that certain producers and exporters of passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (China) received countervailable subsidies during the period of review (POR) January 1, 2016, through December 31, 2016.

    DATES:

    Applicable September 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4261.

    SUPPLEMENTARY INFORMATION:

    Background

    On August 10, 2015, Commerce issued a countervailing duty (CVD) order on passenger tires from China.1 Several interested parties requested that Commerce conduct an administrative review of the CVD Order, and on October 16, 2017, Commerce published in the Federal Register a notice of initiation of an administrative review of the CVD Order for 42 producers/exporters for the POR.2 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018.3

    1See Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 47902 (August 10, 2015) (CVD Order).

    2See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation Notice). The Initiation Notice inadvertently omitted an exporter from the review, which was corrected in a subsequent publication. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 1329 (January 11, 2018).

    3 See Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018 (Tolling Memorandum). All deadlines in this segment of the proceeding have been extended by three days.

    Scope of the Order

    The products covered by the order are certain passenger vehicle and light truck tires from China. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.4

    4See “Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China; 2016,” dated concurrently with this notice (Preliminary Decision Memorandum) and hereby adopted by this notice.

    Methodology

    Commerce is conducting this CVD review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a financial contribution by an “authority” that confers a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our preliminary conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.6 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I of this notice.

    5See 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.

    6 A list of topics discussed in the Preliminary Decision Memorandum can be found as an appendix 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 on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. The petitioner timely withdrew its request for a review of Zhongce Rubber Group Company Limited.7 Two other U.S. importers, ITG Voma Corporation and American Pacific Industries, Inc., also timely withdrew their requests for a review of Shandong Guofeng Rubber Plastic Co., Ltd/Shandong Guofeng Rubber Plastics.8 Additionally, Hangzhou Yokohama Tire Co., Ltd., Kumho Tire Co., Inc., Shandong Changfeng Tyres Co., Ltd., Shandong Changhong Rubber Technology Co., Ltd., Shandong Guofeng Rubber Plastics Co., Ltd., Shandong Zhongyi Rubber Co., and Shengtai Group Co., Ltd., timely withdrew their requests for review.9 No other party requested a review of these producers/exporters. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the CVD order on passenger tires from China with respect to these companies.

    7 The petitioner in this review is the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (USW). See Letter from USW, “Administrative Review of the Countervailing Duty Order on Passenger Vehicle and Light Truck Tires from the People's Republic of China (C-570-017) (01/01/16-12/31/16): Petitioner's Withdrawal of Review Request,” dated December 13, 2017.

    8See Letter from ITG Voma Corporation, “Passenger Vehicle and Light Truck Tires from People's Republic of China: Withdrawal of Request for Administrative Review,” dated December 28, 2017; and Letter from American Pacific Industries, Inc., “Passenger Vehicle and Light Truck Tires from People's Republic of China: Withdrawal of Request for Administrative Review,” dated January 5, 2018.

    9See Letter from Hangzhou Yokohama Tire Co., Ltd., “Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Yokohama Withdrawal of Request for Administrative Review,” dated November 14, 2017; Letter from Shandong Changfeng Tyres Co., Ltd., “Passenger Vehicles and Light Truck Tires from the People's Republic of China: Withdrawal of Request for Administrative Review (01/01/16-12/31/16),” dated January 12, 2018; Letter from Shandong Changhong Rubber Technology Co. Ltd., “Passenger Vehicle and Light Truck Tires from the People's Republic of China: Withdrawal of Request for Administrative Review,” dated December 28, 2017; Letter from Shandong Guofeng Rubber Plastics Co., Ltd., “Passenger Vehicle and Light Truck Tires from the People's Republic of China: Withdrawal of Request for Administrative Review,” dated December 28, 2017; Letter from Shandong Zhongyi Rubber Co., Ltd, “Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China-Withdrawal of Request for Administrative Review,” dated January 14, 2018; and Letter from Shengtai Group Co., Ltd., “Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China-Withdrawal of Request for Administrative Review,” dated January 14, 2018.

    Preliminary Results of Review

    As a result of this review, we preliminarily determine the countervailable subsidy rates to be:

    Company Subsidy rate
  • (percent
  • ad valorem)
  • Cooper (Kunshan) Tire Co., Ltd. (Cooper) 23.68 Qingdao Sentury Tire Co. Ltd. (Sentury) 26.83 Non-Selected Companies Under Review 24.71
    Preliminary Rate for the Non-Selected Companies Under Review

    The statute and the Commerce's regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation.

    Section 705(c)(5)(A)(i) of the Act instructs Commerce as a general rule to calculate an all others rate using the weighted average of the subsidy rates established for the producers/exporters individually examined, excluding any zero, de minimis, or rates based entirely on facts available. In this review, the preliminary subsidy rates calculated for Cooper and Sentury and their cross-owned affiliates are above de minimis and are not based entirely on facts available. Therefore, for the companies for which a review was requested that were not selected as mandatory company respondents and for which we did not receive a timely request for withdrawal of review, and which we are not finding to be cross-owned with the mandatory company respondents, we are preliminarily basing the subsidy rate on the subsidy rate calculated for Cooper and Sentury. For a list of these non-selected companies, please see Appendix II to this notice.

    Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of publication of this notice in the Federal Register.10 Interested parties may submit case and rebuttal briefs, as well as request a hearing.11 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.12 Rebuttal briefs must be limited to issues raised in the case briefs.13 Parties who submit case or rebuttal briefs are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.14

    10See 19 CFR 351.224(b).

    11See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).

    12See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).

    13See 19 CFR 351.309(d)(2).

    14See 19 CFR 351.309(c)(2) and (d)(2).

    Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, using Enforcement and Compliance's ACCESS system.15 Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and location to be determined.16 Parties should confirm by telephone the date, time, and location of the hearing. Issues addressed at the hearing will be limited to those raised in the briefs.17 All briefs and hearing requests must be filed electronically and received successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time on the due date.

    15See 19 CFR 351.310(c).

    16See 19 CFR 351.310.

    17See 19 CFR 351.310(c).

    Unless the deadline is extended, pursuant to section 751(a)(3)(A) of the Act, we intend to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results.

    Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily assigned subsidy rates in the amounts shown above for the producers/exporters shown above. Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, CVDs on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of review. For companies for which this review is rescinded, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2016, through December 31, 2016, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice.

    Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated CVDs, in the amounts shown above for each of the respective companies shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: August 31, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Partial Rescission of Review IV. Non-Selected Companies Under Review V. Scope of the Order VI. Application of the Countervailing Duty Law to Imports From China VII. Diversification of China's Economy VIII. Subsidies Valuation IX. Interest Rate Benchmarks, Discount Rates, Input, and Electricity Benchmarks X. Use of Facts Otherwise Available and Application of Adverse Inferences XI. Analysis of Programs XII. Disclosure and Public Comment XIII. Conclusion Appendix II Non-Selected Companies Under Review 1. Best Industries Ltd. 2. BC Tyre Group Limited 3. Cooper (Kunshan) Tire Co., Ltd. 4. Crown International Corporation 5. Dongying Zhongyi Rubber Co., Ltd. 6. Hankook Tire China Co., Ltd. 7. Hong Kong Tiancheng Investment & Trading Co., Limited 8. Hongtyre Group Co. 9. Jiangsu Hankook Tire Co., Ltd. 10. Jiangsu Sanhe Aluminum 11. Kenda Rubber (China) Co., Ltd. 12. Koryo International Industrial Limited 13. Mayrun Tyre (Hong Kong) Limited 14. Qingdao Jinhaoyang International Co., Ltd. 15. Qingdao Nama Industrial Co., Ltd. 16. Qingdao Odyking Tyre Co., Ltd. 17. Qingdao Sentury Tire Co., Ltd. 18. Roadclaw Tyre (Hong Kong) Limited 19. Shandong Anchi Tyres Co., Ltd. 20. Shandong Haohua Tire Co., Ltd. 21. Shandong Haolong Rubber Co., Ltd. 22. Shandong Hengyu Science & Technology Co., Ltd. 23. Shandong Linglong Tyre Co., Ltd. 24. Shandong Longyue Rubber Co., Ltd. 25. Shandong New Continent Tire Co., Ltd. 26. Shandong Province Sanli Tire 27. Shandong Province Sanli Tire Manufactured Co., Ltd. 28. Shandong Shuangwang Rubber Co., Ltd. 29. Shandong Wanda Boto Tyre Co., Ltd. 30. Shandong Yongsheng Rubber Group Co., Ltd. 31. Shouguang Firemax Tyre Co., Ltd. 32. The Yokohama Rubber Company, Ltd. 33. Tyrechamp Group Co., Limited 34. Winrun Tyre Co., Ltd. 35. Zhaoqing Junhong Co., Ltd.
    [FR Doc. 2018-19572 Filed 9-7-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG464 Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Pacific Fishery Management Council's (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) will hold a meeting that is open to the public.

    DATES:

    The meeting will begin at 1 p.m. on Wednesday, September 26, 2018, and continue at 8 a.m. on Thursday and Friday, September 27-28. The meeting will end each day at 5 p.m. or until business for the day has been completed.

    ADDRESSES:

    The meeting will be held in the Large Conference Room of the Pacific Council office in Portland, OR.

    Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.

    FOR FURTHER INFORMATION CONTACT:

    Kerry Griffin, Pacific Council; telephone: (503) 820-2409.

    SUPPLEMENTARY INFORMATION:

    The meeting is a CPSMT work session with the purpose of developing materials for consideration at the Pacific Council's November 1-8, 2018 meeting in San Diego, CA. Topics may include the live bait fishery allowance Fishery Management Plan amendment, CPS management categories, stock assessment prioritization, the Council Stock Assessment and Fishery Evaluation document, and other items. An agenda will be available in advance of the meeting, on the Pacific Council website.

    Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    The public listening station is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt ([email protected]; (503) 820-2411) at least 10 days prior to the meeting date.

    Dated: September 4, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-19473 Filed 9-7-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG466 Western Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting and hearing.

    SUMMARY:

    The Western Pacific Fishery Management Council (Council) will hold a meeting of its Hawaii Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP) to discuss and make recommendations on fishery management issues in the Western Pacific Region.

    DATES:

    The Hawaii Archipelago FEP AP will meet on Thursday, September 20, 2018, between 9 a.m. and 11 a.m. All times listed are local island times.

    For specific times and agendas, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The Hawaii Archipelago FEP AP will meet at the Council Office, 1164 Bishop St., Suite 1400, Honolulu, HI 96813 and by teleconference. The teleconference will be conducted by telephone. The teleconference numbers are: U.S. toll-free: 1-888-482-3560 or International Access: +1 647 723-3959, and Access Code: 5228220.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director, Western Pacific Fishery Management Council; telephone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    Public comment periods will be provided in the agenda. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Schedule and Agenda for the Hawaii Archipelago FEP AP Meeting Thursday, September 20, 2018, 9 a.m.-11 a.m. 1. Welcome and Introductions 2. Report on Previous Council Action Items 3. Council Issues A. Precious Corals Essential Fish Habitat Refinement Options B. Update on Aquaculture Management C. Hawaii Longline Fishery Management i. Mandatory Electronic Reporting ii. Managing Loggerhead and Leatherback Sea Turtle Interactions D. Annual Catch Limit Specifications i. Non-deep 7 bottomfish ii. Precious corals and deepwater shrimp iii. Kona Crab 4. Hawaii FEP Community Activities 5. Hawaii FEP AP Issues A. Report of the Subpanels i. Island Fisheries Subpanel ii. Pelagic Fisheries Subpanel iii. Ecosystems and Habitat Subpanel iv. Indigenous Fishing Rights Subpanel B. Other Issues 6. Public Comment 7. Discussion and Recommendations 8. Other Business Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: September 4, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-19480 Filed 9-7-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG465 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council's (Council) Spiny Dogfish Committee will hold a meeting.

    DATES:

    The meeting will be held on Friday September 21, 2018, from 10 a.m. to 1 p.m. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will be held via webinar with a telephone-only audio connection to participate: http://mafmc.adobeconnect.com/dogcom/. Telephone instructions are provided upon connecting, or call direct: 800-832-0736, Rm: *7833942#.

    Council address: Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331 or on their website at www.mafmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

    SUPPLEMENTARY INFORMATION:

    The primary purpose of the meeting is to develop recommendations for spiny dogfish specifications for the 2019-21 fishing years. The Committee may also develop recommendations for management measures, including trip limits.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior to any meeting date.

    Dated: September 4, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-19479 Filed 9-7-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Ocean Exploration Advisory Board (OEAB) Notice for the 11th OEAB Meeting AGENCY:

    Office of Ocean Exploration and Research (OER), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

    ACTION:

    Notice of public meeting.

    SUMMARY:

    This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Ocean Exploration Advisory Board (OEAB). OEAB members will discuss and provide advice on Federal ocean exploration programs, with a particular emphasis on National Oceanic and Atmospheric Administration (NOAA) Office of Ocean Exploration and Research (OER) activities. The OEAB will also discuss National Ocean Exploration Forums, the Atlantic Seafloor Partnership for Integrated Research and Exploration (ASPIRE) Campaign, and developments in technology related to ocean exploration, as well as review the Education Subcommittee recommendations and other matters as described in the agenda found on the OEAB website at http://oeab.noaa.gov.

    DATES:

    The announced meeting is scheduled for Tuesday, September 25, 2018 from 9:00 a.m. to 5:00 p.m. EDT and Wednesday, September 26, 2018 from 9:00 to 5:00 p.m. EDT.

    ADDRESSES:

    The meeting will be held at: Woods Hole Oceanographic Institution, Clark Building, 360 Woods Hole Road, Falmouth, MA 02543.

    Status: The meeting will be open to the public with a 15-minute public comment period on Tuesday, September 25, 2018 from 11:45 a.m. to 12:00 p.m. EDT (please check the final agenda on the website to confirm the time). The public may listen to the meeting and provide comments during the public comment period via teleconference. Dial-in information may be found on the meeting agenda posted to the OEAB website.

    The OEAB expects that public statements at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to three minutes. The Designated Federal Officer must receive written comments by September 22, 2018 to provide sufficient time for OEAB review. Written comments received after September 22, 2018 will be distributed to the OEAB but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first-served basis.

    Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to David McKinnie, Designated Federal Officer (see below) by September 22, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Mr. David McKinnie, Designated Federal Officer, Ocean Exploration Advisory Board, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE, Seattle, WA 98115 (206) 526-6950.

    SUPPLEMENTARY INFORMATION:

    NOAA established the OEAB under the Federal Advisory Committee Act (FACA) and legislation that gives the agency statutory authority to operate an ocean exploration program and to coordinate a national program of ocean exploration. The OEAB advises NOAA leadership on strategic planning, exploration priorities, competitive ocean exploration grant programs and other matters as the NOAA Administrator requests.

    OEAB members represent government agencies, the private sector, academic institutions, and not-for-profit institutions involved in all facets of ocean exploration—from advanced technology to citizen exploration.

    In addition to advising NOAA leadership, NOAA expects the OEAB to help to define and develop a national program of ocean exploration—a network of stakeholders and partnerships advancing national priorities for ocean exploration.

    Dated: September 4, 2018. David Holst, Chief Financial Officer/Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration.
    [FR Doc. 2018-19470 Filed 9-7-18; 8:45 am] BILLING CODE 3510-KA-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG462 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council, NEFMC) will hold a four-day meeting to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

    DATES:

    The meeting will be held on Monday, September 24, 2018 through Thursday, September 27, 2018, beginning at 2 p.m. on September 24 and 8:30 a.m. on September 25, 26, and 27.

    ADDRESSES:

    Meeting address: The meeting will be held at Hotel 1620 Plymouth Harbor, 180 Water Street, Plymouth, MA 02360; telephone: (508) 747-4900; online at www.hotel1620.com.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950; telephone (978) 465-0492; www.nefmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492, ext. 113.

    SUPPLEMENTARY INFORMATION: Agenda Monday, September 24, 2018

    After introductions and brief announcements, the meeting will begin with the swearing-in of reappointed Council members, followed by the annual election of officers. Next, the Council will hear reports from the Council Chairman and Executive Director, NMFS's Regional Administrator for the Greater Atlantic Regional Fisheries Office (GARFO), liaisons from the Northeast Fisheries Science Center (NEFSC) and Mid-Atlantic Fishery Management Council, representatives from NOAA General Counsel and NOAA's Office of Law Enforcement, and staff from the Atlantic States Marine Fisheries Commission (ASMFC) and U.S. Coast Guard. The Council then will take up its Small-Mesh Multispecies (Whiting) Committee Report and cover three issues: (1) The Annual Monitoring Report for Fishing Year 2017; (2) Amendment 22, which will include a review of public hearing comments and Council action on whether or not to adopt a limited access program and related measures for small-mesh multispecies; and (3) Council approval of committee recommendations to streamline small-mesh multispecies regulations. Following these actions, the Council will adjourn for the day.

    Tuesday, September 25, 2018

    The Council will begin the day by providing input and recommendations to the panel conducting the Research Set-Aside (RSA) Program Review. Then, the Northeast Fisheries Science Center will present the findings of recent benchmark stock assessments for Atlantic herring and Atlantic sea scallops that were conducted during the 65th Stock Assessment Workshop/Stock Assessment Review Committee (SAW/SARC 65). The Council next will take up several issues under its Scallop Committee Report, beginning with an update on Framework Adjustment 30, which includes specifications for fishing year 2019, default specifications for 2020, and several standard default measures. As part of this discussion, the Council will receive an overview of 2018 scallop surveys. The Council also will receive an update on the General Category Individual Fishing Quota (IFQ) trip limit analysis being conducted for the IFQ component of the scallop fishery. Finally, the Council will receive a progress report on work being done to address 2018 scallop priorities.

    Following the lunch break, the Council will begin the Atlantic Herring Committee Report and take final action on Amendment 8 to the Atlantic Herring Fishery Management Plan (FMP). The amendment was developed to: (1) Establish an acceptable biological catch (ABC) control rule for Atlantic herring; and (2) address potential localized depletion and user conflicts in the fishery. The Council also will receive a progress report on the development of 2019-2021 Atlantic herring fishery specifications and discuss potential independent action by NMFS to set 2019 catch limits if needed. The Council then will adjourn for the day.

    Wednesday, September 26, 2018

    The third day of the meeting will begin with an update on the Northeast Regional Coordinating Council's progress in revising the stock assessment process and assessment scheduling, followed by a brief report on the Northeast Trawl Advisory Panel's June 19, 2018 meeting. Then, the Council will begin addressing a series of U.S./Canada issues based on information from the Transboundary Resources Assessment Committee (TRAC), the Scientific and Statistical Committee (SSC), and the Transboundary Management Guidance Committee (TMGC). The TRAC report will be first with a summary of 2017 assessment results for three U.S./Canada shared stocks—Eastern Georges Bank cod, Eastern Georges Bank haddock, and Georges Bank yellowtail flounder. Next, the SSC will provide the Council with 2019-2020 overfishing limit (OFL) and ABC recommendations for Georges Bank yellowtail. The Council then will review and approve the TMGC's recommendations for 2019 total allowable catches (TACs) for shared U.S./Canada stocks. Next, the Council will hear Part 2 of the SSC's report and receive the SSC's comments on rebuilding strategies for several groundfish stocks. The Groundfish Committee Report will follow. The Council will approve the range of alternatives for Framework Adjustment 58 to the Northeast Multispecies FMP, which includes: (1) 2019 TACs for U.S./Canada stocks; (2) rebuilding plans for several groundfish stocks; (3) minimum size exemptions for vessels fishing in waters regulated by the Northwest Atlantic Fisheries Organization (NAFO); and guidance on groundfish sector overages. The Groundfish Committee Report also will include an update on Groundfish Monitoring Amendment 23 and an update on work being conducted by the Fishery Dependent Data Working Group. Just before the lunch break, the Bureau of Ocean Energy Management (BOEM) will have a brief opportunity to invite Council members and the public to attend BOEM's “open office” in the Plympton Room of the same hotel to provide input and speak to BOEM staff regarding: The New York Bight Area Identification; the Vineyard Wind Draft Environmental Impact Statement (DEIS); the South Fork Wind Farm Construction and Operations Plan (COP); and other issues of interest.

    After the lunch break, the Groundfish Committee report will resume and continue until related business is concluded. Then, members of the public will have the opportunity to speak during an open comment period on issues that relate to Council business but are not included on the published agenda for this meeting. The Council asks the public to limit remarks to 3-5 minutes. The Council next will receive a progress report on steps being taken in response to recent recommendations made by the external Council Program Review Panel. The Highly Migratory Species (HMS) Advisory Panel (AP) report will follow, summarizing highlights from the HMS AP's September 5-6 meeting. This report will be followed by a NMFS staff presentation and Council consultation on HMS Amendment 11 to address overfishing and rebuild North Atlantic shortfin mako sharks. NMFS staff from the Marine Recreational Information Program (MRIP) will be up next with a presentation on recent changes to the program. At the conclusion of this discussion, the Council will adjourn for the day.

    Thursday, September 27, 2018

    The fourth day of the meeting will begin with an initial discussion of 2019 Council priorities covering tasks and actions for all committees and Council responsibilities. The Council will not take final action on priorities until its December meeting. Next, the Council will hear from its Habitat Committee, starting with the Clam Dredge Framework. The Council will discuss the alternatives being developed to consider continued surfclam dredge fishery access to the Great South Channel Habitat Management Area (HMA) and possible consideration of a mussel dredge exemption in the HMA. The Council also will receive an update on ongoing offshore energy activities in the Northeast and receive an introduction to the Responsible Offshore Development Alliance. The Research Steering Committee then will report on: (a) Recommendations regarding the future of the Research Steering Committee; (b) updates on improving the communication of research priorities and data needs; and (c) other related issues.

    Following a lunch break, the Council will receive an update on ongoing fisheries-related legislation on Capitol Hill, including reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act. The Council will have an opportunity to discuss legislative activity. Next, the Council will shift to Ecosystem-Based Fishery Management (EBFM), starting with a presentation on the Center for Independent Experts EBFM Strategy Review final report. The Council also will: (1) Receive a short progress report on work being conducted to develop a Georges Bank example Fishery Ecosystem Plan (eFEP); and (2) review and approve comments on NOAA's regional implementation plan for the agency's EBFM Roadmap. Then, the Council will receive the Fishing Year 2017 Annual Monitoring Report for the Northeast Skate Complex. This report will be followed by a discussion of NMFS's Fisheries Allocation Policy Directive. The Council will discuss the policy directive and associated procedural directives for reviewing fisheries allocations, which include identifying “triggers” to initiate an allocation review. Finally, the Council will close out the meeting with “other business.”

    Although non-emergency issues not contained on this agenda may come before the Council for discussion, those issues may not be the subject of formal action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. The public also should be aware that the meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies (see ADDRESSES) at least 5 days prior to the meeting date.

    Dated: September 4, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-19474 Filed 9-7-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Intent To Grant Exclusive Patent License; Duchak Ventures, LLC AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice; correction.

    SUMMARY:

    The Department of the Navy published a document in the Federal Register on August 23, 2018, announcing an intent to grant to Duchak Ventures, LLC, a revocable, nonassignable, exclusive license. The scope of the intent to license has been revised.

    DATES:

    Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than September 25, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Amanda Horansky McKinney, Head, Technology Transfer Office, NRL Code 1004, 4555 Overlook Avenue SW, Washington, DC 20375-5320, telephone 202-767-1644. Due to U.S. Postal delays, please fax 202-404-7920, email: [email protected] or use courier delivery to expedite response.

    Correction

    In the Federal Register of August 23, 2018, 83 FR 42647, document number 2018-18210, make the following correction:

    In the first column, on page 42647, correct the SUMMARY caption to read as follows:

    SUMMARY:

    The Department of the Navy hereby gives notice of its intent to grant to Duchak Ventures, LLC., a revocable, nonassignable, exclusive license to practice in the field of use of filtering media within a respirator cartridge or respirator system and meant for human wear and the field of use of air filter media for safety and hygiene applications in public, residential, industrial, and commercial facilities and structures in the United States, the Government-owned invention described in U.S. Patent No. 7,749,438: Fluorophore Embedded/Incorporating/Bridged Periodic Mesoporous Organosilicas as Recognition Elements for Optical Sensors, Navy Case No. 097,345.//U.S. Patent No, 7,754,145: Fluorphore Embedded/Incorporating/Bridged Periodic Mesoporous Organosilicas as Recognition Photo-Decontamination Catalysts, Navy Case No. 097,346.//and any continuations, divisionals, or re-issues thereof.

    Dated: September 4, 2018. Meredith Steingold Werner, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-19446 Filed 9-7-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2018-ICCD-0092] Agency Information Collection Activities; Comment Request; Comprehensive Literacy Program Evaluation: Striving Readers Implementation Study AGENCY:

    Institute of Education Sciences (IES), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Interested persons are invited to submit comments on or before November 9, 2018.

    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-2018-ICCD-0092. 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, 550 12th Street SW, PCP, Room 9089, Washington, DC 20202-0023.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Tracy Rimdzius, 202-245-7283.

    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: Comprehensive Literacy Program Evaluation: Striving Readers Implementation Study.

    OMB Control Number: 1850-NEW.

    Type of Review: A new information collection.

    Respondents/Affected Public: Individuals or Households; State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 4,824.

    Total Estimated Number of Annual Burden Hours: 2,082.

    Abstract: The data collection described in this submission includes activities associated with the legislatively mandated evaluation of the Striving Readers Comprehensive Literacy (SRCL) program. The purpose of this evaluation is to provide information to policymakers, administrators, and educators regarding the implementation of the SRCL program, including grant award procedures, technical assistance, continuous improvement procedures, and literacy interventions at the school level. Data collection will include interviews with state-level grantees and district administrators; school principals, reading specialists, and teachers; and teacher surveys. In addition, the study team will conduct site visits to 50 schools and observe instruction in 100 classrooms using SRCL-funded literacy interventions, however the study team does not request clearance for these observations, which impose no burden. The study team also will collect and review grantee and subgrantee applications and comprehensive literacy plans.

    Dated: September 4, 2018. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2018-19466 Filed 9-7-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Draft Policy Statement on Developing Student Achievement Levels for the National Assessment of Educational Progress AGENCY:

    National Assessment Governing Board, U.S. Department of Education.

    ACTION:

    Notice of opportunity for public comment for policy statement on Student Achievement Levels for the National Assessment of Educational Progress (NAEP).

    SUMMARY:

    The National Assessment Governing Board (Governing Board) is soliciting public comment for guidance in finalizing a revised policy on Developing Student Achievement Levels for the National Assessment of Educational Progress (NAEP).

    The Governing Board is authorized to formulate policy guidelines for NAEP. The NAEP legislation specifies that the Governing Board is to develop appropriate student achievement levels for each subject and grade tested. Such levels are determined by identifying the knowledge and skills that can be measured and verified using widely accepted professional assessment standards. It is anticipated that the revised policy on Developing Student Achievement Levels for NAEP will be presented for approval at the National Assessment Governing Board quarterly meeting on November 15-17, 2018.

    Public and private parties and organizations are invited to provide written comments and recommendations. Voluntary participation by all interested parties is urged. This notice sets forth the review schedule and provides information for accessing additional materials that will be useful for this review.

    DATES:

    Comments must be received no later than September 30, 2018.

    ADDRESSES:

    Comments may be provided via email at [email protected] and may also be mailed to the following address: NAEP Achievement Level Setting Policy, National Assessment Governing Board, 800 North Capitol Street NW, Suite 825, Washington, DC 20002.

    FOR FURTHER INFORMATION CONTACT:

    Sharyn Rosenberg, National Assessment Governing Board, 800 North Capitol Street NW, Suite 825, Washington, DC 20002-4233, Telephone: (202) 357-6940.

    SUPPLEMENTARY INFORMATION:

    All responses will be taken into consideration before finalizing the updated policy on Developing Achievement levels for NAEP for Board adoption. Once adopted, the policy will be used in setting and reporting achievement levels for NAEP assessments.

    Additional information (including the materials referenced below) can be found on the Governing Board website at https://www.nagb.gov/news-and-events/calendar/public-comment-on-als-policy.html.

    Proposed Revised Policy on Developing Student Achievement Levels for the National Assessment of Educational Progress

    The proposed revised policy can be downloaded from the Governing Board website.

    Existing Policy on Developing Student Performance Levels for the National Assessment of Educational Progress

    The existing policy (adopted in 1995) can be downloaded from the Governing Board website.

    Governing Board's Formal Response to the Evaluation of NAEP Achievement Levels

    From 2014-2016, the National Academies of Sciences, Engineering, and Medicine conducted an independent evaluation of the NAEP achievement levels. The Governing Board's formal response to the recommendations put forth in the evaluation noted that the revision of the Board policy on developing achievement levels for NAEP would specify a process and timeline for conducting regularly recurring reviews of the achievement level descriptions and would be explicit about the conditions that necessitate consideration of a new standard setting. More information about the evaluation and the Governing Board's response can be found on the Governing Board website. A link to the final report from the evaluation can be found on the Governing Board website.

    Summary of Proposed Revisions

    Compared to the existing 1995 policy on Developing Student Performance Levels for NAEP, the proposed revised policy reflects:

    • Reorganization of principles, streamlining of language, minimization of redundancies • Minor (non-substantive) edits to the NAEP policy definitions for clarity • A change in terminology from Proficient to NAEP Proficient to better differentiate the NAEP achievement levels from other common uses of Basic, Proficient, Advanced • A new principle on periodic review of achievement level descriptions and cut scores, prompted by the Board's response to the evaluation of NAEP achievement levels • A new principle to clarify participation of multiple stakeholders at various points throughout process • A new principle to summarize the role of the Board • Reference to an interpretative guide that would accompany the release of NAEP results and explain how the achievement levels should (and should not) be used • Reference to multiple types of achievement level descriptions (ALDs), including reporting ALDs that would be created using empirical data and written in terms of what students do know and can do rather than what students should know and be able to do • Clarification on the standard setting participants, in particular the non-educator group • Additional details about the achievement level setting process, including some practices that have become institutionalized over time (e.g., the use of “impact data”) • Removal of details on implementation directed to staff and contractors, which will instead be included in a “procedures manual”

    Electronic Access to This Document: You may view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the internet at the following site: http://www.ed.gov/news/fedregister/index.html. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1-888-293-6498; or in the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document published in the Federal Register. Free internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: www.gpoaccess.gov/nara/index.html.

    Dated: September 5, 2018. Lisa Stooksberry, Deputy Executive Director, National Assessment Governing Board, U.S. Department of Education.
    [FR Doc. 2018-19650 Filed 9-7-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY International Energy Agency Meetings AGENCY:

    Department of Energy.

    ACTION:

    Notice of meetings.

    SUMMARY:

    The Industry Advisory Board (IAB) to the International Energy Agency (IEA) will meet on September 18-19, 2018, at the Conference Centre of the French Ministry of Foreign Affairs, 27, Rue de la Convention, 75015 Paris, France.

    DATES:

    September 18-19, 2018.

    ADDRESSES:

    27, Rue de la Convention, 75015 Paris, France.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Reilly, Assistant General Counsel for International and National Security Programs, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, 202-586-5000.

    SUPPLEMENTARY INFORMATION:

    In accordance with section 252(c)(1)(A)(i) of the Energy Policy and Conservation Act (42 U.S.C. 6272(c)(1)(A)(i)) (EPCA), the following notice of meetings is provided:

    A meeting involving members of the Industry Advisory Board (IAB) to the International Energy Agency (IEA) in connection with a workshop meeting of the IEA's Standing Group on Emergency Questions (SEQ) will be held at the French Ministry of Foreign Affairs Building (Centre de Conférence Ministériel), 27 rue de la Convention, Paris 75015, France, on September 18-19, 2018. The purpose of the workshop is to discuss relevant key issues in order to establish a basis for drafting a proposal for possible improvements to the emergency oil stockholding requirement. The purpose of this notice is to permit attendance by representatives of U.S. company members of the IAB at a workshop meeting of the IEA's Standing Group on Emergency Questions (SEQ).

    The agenda of the meeting is under the control of the IEA. It is expected that the IEA will adopt the following agenda:

    Draft Agenda of the IEA's Workshop on the Review of the IEA Stockholding Requirement:

    —Introduction by the Chairman —Introduction by the IEA Secretariat —Roundtable discussions—4 sessions on centralized topics —Session 1—What to prepare for —Session 2—How to divide the level of stocks needed  Session 3—What to count as stocks contributing to the obligation —Session 4—Flexibility to make this work —Wrap-up and conclusions Close

    As provided in section 252(c)(1)(A)(ii) of the Energy Policy and Conservation

    Act (42 U.S.C. 6272(c)(1)(A)(ii)), the meetings of the IAB are open to representatives of members of the IAB and their counsel; representatives of members of the IEA's Standing

    Group on Emergency Questions and the IEA's Group of Reporting Companies; representatives of the Departments of Energy, Justice, and State, the Federal Trade Commission, the General Accounting Office, Committees of Congress, the IEA, and the European Commission; and invitees of the IAB or the IEA.

    Issued in Washington, DC, September 5, 2018. Thomas Reilly, Assistant General Counsel for International and National Security Programs.
    [FR Doc. 2018-19582 Filed 9-7-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.

    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.

    Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.

    Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v).

    The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for electronic review at the Commission in the Public Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

    Docket No. File date Presenter or requester Exempt: 1. CP17-458-000 8-20-2018 State of Oklahoma Representative Rhonda Baker. 2. CP17-458-000 8-21-2018 State of Oklahoma Representative David Perryman. 3. CP17-458-000 8-21-2018 State of Oklahoma Representative Brad Boles. 4. CP17-458-000 8-21-2018 State of Oklahoma Representative Harold Wright. 5. CP17-458-000 8-21-2018 State of Oklahoma Senator Lonnie Paxton. 6. CP17-458-000 8-22-2018 State of Oklahoma Representative Tim Downing. 7. P-2299-000, P-14581-000 8-29-2018 FERC Staff.1 8. CP17-101-000 8-29-2018 FERC Staff.2 1 Memo reporting email conversation on August 22, 2018 with John Devine, Turlock and Modesto Irrigation Districts Consultant, with HDR Engineering. 2 Meeting Minutes for teleconference on August 13, 2018 with the United States Environmental Protection Agency, the New Jersey Department of Environmental Protection, and the New York State Department of Environmental Conservation. Dated: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19557 Filed 9-7-18; 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 and Transmission Planning Advisory Meeting September 6, 2018, 10:30 a.m.-2:00 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_tpas&directory=2018-09-06.

    NYISO Business Issues Committee Meeting September 12, 2018, 10:00 a.m.-1:00 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=2018-09-12.

    NYISO Operating Committee Meeting September 12, 2018, 1:00 p.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=2018-09-12.

    NYISO Electric System Planning Working Group Meeting September 25, 2018, 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=2018-09-25.

    NYISO Management Committee Meeting September 26, 2018, 10:00 a.m.-2:00 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=2018-09-26.

    The discussions at the meetings described above may address matters at issue in the following proceedings:

    New York Independent System Operator, Inc., Docket No. ER15-2059.

    New York Independent System Operator, Inc., Docket No. ER17-2327.

    For more information, contact James Eason, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (202) 502-8622 or [email protected]

    Dated: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19555 Filed 9-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-190-000] Essential Power Rock Springs, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On September 4, 2018, the Commission issued an order in Docket No. EL18-190-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether Essential Power Rock Springs, LLC's proposed rate schedule for Reactive Supply and Voltage Control from Generation or Other Sources Service may be unjust and unreasonable. Essential Power Rock Springs, LLC, 164 FERC ¶ 61,163 (2018).

    The refund effective date in Docket No. EL18-190-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Any interested person desiring to be heard in Docket No. EL18-190-000 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: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19558 Filed 9-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP17-346-003.

    Applicants: Northwest Pipeline LLC.

    Description: Compliance filing RP17-346 Phase 2 Settlement Rates Compliance Filing to be effective10/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5215.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1094-000.

    Applicants: Ruby Pipeline, L.L.C.

    Description: § 4(d) Rate Filing: FLU_EPC Update to be effective 10/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5181.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1095-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: Negotiated Rates—Cherokee AGL—Replacement Shippers—Sep 2018 to be effective 9/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5182.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1096-000.

    Applicants: Northwest Pipeline LLC.

    Description: § 4(d) Rate Filing: 2018 Winter Fuel Filing to be effective10/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5184.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1097-000.

    Applicants: Southwest Gas Storage Company.

    Description: § 4(d) Rate Filing: Negotiated Rate Provisions to be effective 10/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5189.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1098-000.

    Applicants: Colorado Interstate Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Non-Conforming Negotiated Rate Agmt Filing (Anadarko Oct 18) to be effective 10/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5196.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1099-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Negotiated Rate Agreement Update (APS Sept 2018) to be effective9/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5197.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1100-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: § 4(d) Rate Filing: Neg Rate 2018-8-31 8 Neg Rates E2W to be effective 9/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5200.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1101-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Negotiated Rate Agreement Update (SRP 2018) to be effective 10/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5202.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1102-000.

    Applicants: Destin Pipeline Company, L.L.C.

    Description: § 4(d) Rate Filing: Destin Revised Tariff Records Update Section 14 and 24 to be effective 9/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5207.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1103-000.

    Applicants: Dauphin Island Gathering Partners.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing 8-30-2018 to be effective 9/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5210.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1104-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: § 4(d) Rate Filing: Administrative Cleanup of Tariff to be effective 10/1/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5224.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP18-1105-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Negotiated Rate Agreement Update (Pioneer Aug_Sept 2018) to be effective 8/31/2018.

    Filed Date: 8/30/18.

    Accession Number: 20180830-5226.

    Comments Due: 5 p.m. ET 9/11/18.

    Docket Numbers: RP11-2473-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Report Filing: 2017 Cash Pool Filing to be effective N/A.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5077.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP11-2474-000.

    Applicants: Gulf Crossing Pipeline Company LLC.

    Description: Report Filing: 2017 Cash Pool Filing to be effective N/A.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5074.

    Comments Due: 5 p.m. ET 9/12/18.

    Accession Number: 20180831-5155.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1106-000.

    Applicants: Florida Gas Transmission Company, LLC.

    Description: § 4(d) Rate Filing: Fuel filing on 8-31-18 to be effective10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5070.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1107-000.

    Applicants: Gulf Crossing Pipeline Company LLC.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmt (XTO 1846 to SW Energy 2025) to be effective 9/1/2018

    Filed Date: 8/31/18.

    Accession Number: 20180831-5071.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1108-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmt (Atlanta Gas 8438 to various eff 9-1-2018) to be effective 9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5075.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1109-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmts (Petrohawk 41455 releases eff 9-1-2018) to be effective9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5076.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1110-000.

    Applicants: Dominion Energy Carolina Gas Transmission, LLC.

    Description: Compliance filing DECG—2018 Penalty Crediting Sharing Report to be effective N/A.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5083.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1111-000.

    Applicants: Dominion Energy Cove Point LNG, LP.

    Description: Compliance filing DECP—2018 Revenue Crediting Report to be effective N/A.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5095.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1112-000.

    Applicants: MarkWest Pioneer, L.L.C.

    Description: § 4(d) Rate Filing: Quarterly Fuel Adjustment Filing to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5096.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1113-000.

    Applicants: MoGas Pipeline LLC.

    Description: § 4(d) Rate Filing: MoGas Annual Fuel and Gas Loss Retention Percentage Adjustment to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5098.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1114-000.

    Applicants: Enable Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Housekeeping 2018 to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5099.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1115-000.

    Applicants: Saltville Gas Storage Company L.L.C.

    Description: § 4(d) Rate Filing: SGSC Limited Section 4 Rate Case 08-31-2018 to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5101.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1116-000.

    Applicants: Southern Star Central Gas Pipeline, Inc.

    Description: § 4(d) Rate Filing: Vol 2—Negotiated Rate Agreement—Sequent to be effective 9/1/2018

    Filed Date: 8/31/18.

    Accession Number: 20180831-5102.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1117-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmt (EM Energy OH 35451 to Eco-Energy 37393) to be effective 9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5103.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1118-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmt (RE GAs 34955 to JERA 37422) to be effective 9/1/2018

    Filed Date: 8/31/18.

    Accession Number: 20180831-5104.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1119-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate—ConEd to Atlantic Energy—797443 to be effective 9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5124.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1120-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: § 4(d) Rate Filing: Negotiated Rate Agreement Filing—Chorpus Christi Liquefaction to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5131.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1121-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Negotiated Rate Agreement Update (Conoco Sep_Nov 18) to be effective 9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5132.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1122-000.

    Applicants: Tennessee Gas Pipeline Company, L.L.C.

    Description: § 4(d) Rate Filing: Modifications to Cashout Mechanism to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5134.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1123-000.

    Applicants: Colorado Interstate Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Fuel and LUF Update Filing to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5135.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1124-000.

    Applicants: WBI Energy Transmission, Inc.

    Description: § 4(d) Rate Filing: 2018 Semi-annual Fuel & Electric Power Reimbursement to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5143.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1125-000.

    Applicants: Colorado Interstate Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Non-Conforming Agreements Filing (DCP and SW Energy Oct 18) to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5147.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1126-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: Transco RP18-XXX Rate Case Filing to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5149.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1127-000.

    Applicants: Dominion Energy Cove Point LNG, LP.

    Description: § 4(d) Rate Filing: DECP—2018 Interim Fuel Retainage to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5167.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1128-000.

    Applicants: Northern Natural Gas Company.

    Description: § 4(d) Rate Filing: 20180831 Negotiated Rate to be effective 9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5168.

    Comments Due: 5 p.m. ET 9/12/18.

    Docket Numbers: RP18-1129-000.

    Applicants: Enable Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing—September 2018—Continental Resources 1011192 to be effective 9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5178.

    Comments Due: 5 p.m. ET 9/12/18.

    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: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19552 Filed 9-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 619-164] Notice of Environmental Site Review: Pacific Gas and Electric Company and the City of Santa Clara

    On Tuesday, October 16, 2018, the Federal Energy Regulatory Commission (FERC) staff and the Pacific Gas and Electric Company and the City of Santa Clara (licensees) will conduct an environmental site review of the Bucks Creek Hydropower Project. The project is located on Bucks, Grizzly, and Milk Ranch Creeks in Plumas County, California.

    The site review is open to the public, Indian Tribes, and resource agencies and will occur from 9:00 a.m. to about 4:00 p.m. (Pacific Daylight Time). The site review will leave from the Bucks Lakeshore Resort [16001 Bucks Lake Road, Quincy, California 95971, (530) 283-2848].

    To better support the safety of the group, and to the extent practicable, participants will be requested to carpool in vehicles provided by the licensees. Participants are asked not to attempt to join the site review after it departs the initial meeting location. Participants must wear appropriate footwear (i.e., no sandals or open-toed shoes) and should bring sun protection, water, and lunch. Some brief hiking over unimproved dirt trails may be necessary to access some sites.

    To appropriately accommodate persons interested in attending the site review, participants must contact Alan Mitchnick, FERC Project Coordinator, at (202) 502-6074 or [email protected], no later than Tuesday, October 9, 2018.

    Dated: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19560 Filed 9-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14871-001] New England Hydropower Company, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On August 2, 2018, New England Hydropower Company, LLC, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of hydropower at Lock 47 on the Lehigh Canal in the city of Easton, Northampton County, Pennsylvania. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    The proposed Lehigh Canal Hugh Moore Park East Hydroelectric Project would consist of the following: (1) An existing 20-foot-high concrete gravity dam (i.e., the Chain Dam on the Lehigh River); (2) an existing impoundment with a storage capacity of 1,197 acre-feet at a normal maximum surface elevation of 192 feet mean sea level; (3) an existing 50-foot-wide, 2.5-mile-long canal that stretches from above the Chain Dam where water enters the canal to where it reconnects with the Lehigh River downstream, approximately one half of a mile above the Easton Dam; (4) a new 20-foot-wide, 40-foot-long intake channel parallel to Lock 47; (5) a new 16-foot by 32-foot powerhouse containing two Archimedes Screw turbine-generator units with a total capacity of 485 kilowatts; (6) a new 20-foot-wide, 40-foot-long tailrace channel; (7) a new 460-kilovolt, 210-foot-long transmission line connecting the powerhouse to a nearby grid interconnection point; and (8) appurtenant facilities. The proposed project would have an average annual generation of 3,398 megawatt-hours.

    Applicant Contact: Ms. Carol Wasserman, Principal, New England Hydropower Company, LLC, 100 Cummings Center Drive, Suite 451C, Beverly, MA 01915; phone: (339) 293-3157.

    FERC Contact: Monir Chowdhury; phone: (202) 502-6736.

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket number P-14871-001.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14871) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19553 Filed 9-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2266-102] Nevada Irrigation District; Notice of Teleconference

    a. Project Name and Number: Yuba-Bear Hydroelectric Project No. 2266.

    b. Applicant: Nevada Irrigation District.

    c. Date and Time of Teleconference: September 25, 2018, 10:00 a.m. Pacific Daylight Time (1:00 p.m. Eastern Daylight Time).

    d. FERC Contact: Alan Mitchnick at (202) 502-6074, [email protected].

    e. Purpose of Meeting: The Federal Energy Regulatory Commission staff will participate in a meeting with the U.S. Fish and Wildlife Service and the Nevada Irrigation District to discuss conservation measures needed to protect species listed under the Endangered Species Act that may be affected by continued operation of the existing Yuba-Bear Hydroelectric Project. The primary species to be discussed include the California red-legged frog and Sierra Nevada yellow-legged frog.

    f. All local, state, and federal agencies, Indian tribes, and other interested parties are invited to attend by phone. Please call Alan Mitchnick at (202) 502-6074, or email [email protected] by September 18, 2018, to RSVP and to receive specific instructions on how to participate.

    Dated: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19551 Filed 9-7-18; 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: EC18-149-000.

    Applicants: Florida Power & Light Company.

    Description: Application for Authorization under Section 203 of the Federal Power Act, et al. of Florida Power & Light Company.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5245.

    Comments Due: 5 p.m. ET 9/21/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2042-029; ER10-1942-021; ER17-696-009; ER10-1938-024; ER10-1934-023; ER10-1893-023; ER10-3051-028; ER10-2985-027; ER10-3049-028; ER11-4369-008; ER16-2218-008; ER10-1862-023.

    Applicants: Calpine Energy Services, L.P., Calpine Construction Finance Company, L.P., Calpine Energy Solutions, LLC, Calpine Power America—CA, LLC, CES Marketing IX, LLC, CES Marketing X, LLC, Champion Energy, LLC, Champion Energy Marketing LLC, Champion Energy Services, LLC, North American Power and Gas, LLC, North American Power Business, LLC, Power Contract Financing, L.L.C.

    Description: Notification of Change in Status of the Indicated Calpine MBR Sellers.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5219.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER10-2527-006; ER18-1652-001; ER10-2528-002; ER10-2960-008; ER10-2400-009; ER10-2529-002; ER10-2530-003; ER10-2531-007; ER15-356-009; ER15-357-009; ER10-2532-012; ER10-1595-010; ER17-1636-004; ER10-1821-017; ER10-2533-006; ER10-2534-003; ER10-1598-010; ER10-2535-007; ER10-1616-010; ER11-4475-010; ER10-1618-010; ER18-1821-002.

    Applicants: Allegheny Ridge Wind Farm, LLC, AL Mesquite Marketing, LLC, Aragonne Wind LLC, Astoria Generating Company, L.P., Blue Canyon Windpower LLC, Buena Vista Energy, LLC, Caprock Wind LLC, Cedar Creek Wind Energy, LLC, Chief Conemaugh Power, LLC, Chief Keystone Power, LLC, Crescent Ridge LLC, Crete Energy Venture, LLC, Great River Hydro, LLC, Goshen Phase II LLC, GSG, LLC, Kumeyaay Wind LLC, Lincoln Generating Facility, LLC, Mendota Hills, LLC, New Covert Generating Company, LLC, Rockland Wind Farm LLC, Rolling Hills Generating, L.L.C., Walleye Power, LLC.

    Description: Notice of Non-Material Change in Status of Allegheny Ridge Wind Farm, LLC, et. al.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5136.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER12-1316-004; ER11-2753-005.

    Applicants: Silver State Solar Power North, LLC, Cedar Point Wind, LLC.

    Description: Notification of Non-Material Change in Status of Silver State Solar Power North, LLC, et al.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5217.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER17-1553-000.

    Applicants: Duke Energy Progress, LLC.

    Description: Report Filing: DEP Fayetteville RS No. 184 Refund Report to be effective N/A.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5170.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER18-563-004.

    Applicants: Red Pine Wind Project, LLC.

    Description: Compliance filing: Red Pine Rate Schedule Compliance Filing Effective March 1 2018 to be effective3/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5193.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER18-1169-003.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2018-08-31 Limited Tariff Waiver Petition- Postpone Effect. Date to April 1 2019 to be effective N/A.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5174.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER18-2312-000.

    Applicants: Enel Green Power Diamond Vista Wind Project, LLC.

    Description: Report Filing: MBR Tariff to be effective N/A.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5092.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER18-2370-000.

    Applicants: Lackawanna Energy Center LLC.

    Description: Initial rate filing: Filing of Reactive Power Rate Schedule to be effective 10/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5191.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER18-2371-000.

    Applicants: New England Power Pool Participants Committee.

    Description: § 205(d) Rate Filing: September 2018 Membership Filing to be effective 9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5194.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER18-2372-000.

    Applicants: Florida Power & Light Company.

    Description: § 205(d) Rate Filing: FPL and Seminole NITSA 162 Revisions to be effective 9/1/2018.

    Filed Date: 8/31/18.

    Accession Number: 20180831-5195.

    Comments Due: 5 p.m. ET 9/21/18.

    Docket Numbers: ER18-2373-000.

    Applicants: Duke Energy Progress, LLC.

    Description: § 205(d) Rate Filing: DEP-DOM IA RS. No. 196 Concurrence Filing (Battleboro) to be effective10/26/2018.

    Filed Date: 9/4/18.

    Accession Number: 20180904-5074.

    Comments Due: 5 p.m. ET 9/25/18.

    Docket Numbers: ER18-2374-000.

    Applicants: Southwestern Electric Power Company.

    Description: § 205(d) Rate Filing: Hope PSA to be effective 8/1/2018.

    Filed Date: 9/4/18.

    Accession Number: 20180904-5080.

    Comments Due: 5 p.m. ET 9/25/18.

    Docket Numbers: ER18-2375-000.

    Applicants: Tampa Electric Company

    Description: § 205(d) Rate Filing: Underfrequency Load Shedding Update to be effective 9/5/2018.

    Filed Date: 9/4/18.

    Accession Number: 20180904-5135.

    Comments Due: 5 p.m. ET 9/25/18.

    Docket Numbers: ER18-2376-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: Revisions to Bylaws to Incorporate a De Minimis Investment Methodology to be effective 11/3/2018.

    Filed Date: 9/4/18.

    Accession Number: 20180904-5146.

    Comments Due: 5 p.m. ET 9/25/18.

    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: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19559 Filed 9-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-195-000] NorthWestern Corporation; Notice of Petition for Declaratory Order Beaver Creek Wind I, LLC QF17-672-002 Beaver Creek Wind II, LLC QF17-673-003 Beaver Creek Wind III, LLC QF17-674-002 Beaver Creek Wind IV, LLC QF17-675-002

    Take notice that on August 31, 2018, pursuant to Rule 207 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207 and Rule 292.207(d) of the Commission's regulations under sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA),1 18 CFR 292.207(d), NorthWestern Corporation, (Petitioner) filed a petition for declaratory order (petition) requesting that the Commission revoke the Qualifying Facility status of Beaver Creek Wind I, LLC, Beaver Creek Wind II, LLC, Beaver Creek Wind III, LLC and Beaver Creek Wind IV, LLC, all as more fully explained in the petition.

    1 16 U.S.C. 791A-825r.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

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

    Comment Date: 5:00 p.m. Eastern time on October 1, 2018.

    Dated: September 4, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-19556 Filed 9-7-18; 8:45 am] BILLING CODE 6717-01-P
    FARM CREDIT ADMINISTRATION [NV-18-13] Equal Employment Opportunity and Diversity AGENCY:

    Farm Credit Administration.

    ACTION:

    Policy statement.

    SUMMARY:

    The Farm Credit Administration (FCA) Board recently updated its Policy Statement on Equal Employment Opportunity and Diversity.

    DATES:

    The policy went into effect on September 4, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Thais Burlew, Director of Equal Employment Opportunity and Inclusion, (703) 883-4290, TTY (703) 883-4352, [email protected]

    SUPPLEMENTARY INFORMATION:

    While not required by law, the Equal Employment Opportunity Commission (EEOC) has determined that reissuance of an agency's EEO policy statement each fiscal year is a symbol of the agency leadership's commitment to EEO and Diversity principles. The FCA conducted its annual review of Policy Statement FCA-PS-62 on Equal Employment Opportunity (EEO) and Diversity. The only changes to this Policy Statement are minor technical changes and a minor change to reflect revisions to the regulations implementing the Rehabilitation Act.

    The text of the updated Policy Statement is set forth below in its entirety. All FCA Board policy statements may be viewed on FCA's website. From www.fca.gov, select “Laws & Regulations,” then select “FCA Handbook,” then select “FCA Board Policy Statements.”

    Equal Employment Opportunity and Diversity FCA-PS-62

    Effective Date: September 4, 2018.

    Previous Action: [BM-12-SEP-02-02] (70 FR 71142, 11/25/05); [BM-13-JUL-06-03] (71 FR 46481, 8/14/06); [NV-11-15, 7/08/11]; [NV-13-19] (78 FR 51187, 8/20/13); [NV-14-15] (79 FR 50908,8/26/14); [NV-15-10] (80 FR 51806,8/26/15); [NV-16-14] (81 FR 53482,8/12/16). Replaces FCA-PS-62 [NV-17-24] dated August 24, 2017 (82 FR 41258, 8/31/17).

    Source of Authority: Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.); Age Discrimination in Employment Act (29 U.S.C. 621 et seq.); Section 501 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 791); Equal Pay Act of 1974 (29 U.S.C. 206(d)); Civil Service Reform Act of 1978 (5 U.S.C. 3112); Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) (5 U.S.C. 2301); Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.); section 5.9 of the Farm Credit Act of 1971, as amended (12 U.S.C. 2243); Executive Order 11478 (Equal Employment Opportunity in the Federal Government), as amended by Executive Order 13152 to include a prohibition on discrimination based on status as a parent; Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency); 29 CFR part 1614; Equal Employment Opportunity Commission Management Directives.

    The Farm Credit Administration Board Hereby Adopts the Following Policy Statement: Purpose

    The Farm Credit Administration (FCA or Agency) Board reaffirms its commitment to Equal Employment Opportunity (EEO) and Diversity (EEOD) and its belief that all FCA employees should be treated with dignity and respect. The Board also provides guidance to Agency management and staff for deciding and taking action in these critical areas.

    Importance

    Unquestionably, the employees who comprise the FCA are its most important resource. The Board fully recognizes that the Agency draws its strength from the dedication, experience, and diversity of its employees. The Board is firmly committed to taking whatever steps are needed to protect the rights of its staff and to carrying out programs that foster the development of each employee's potential. We believe an investment in efforts that strongly promote EEOD will prevent the conflict and the high costs of correction for taking no, or inadequate, action in these areas.

    The Farm Credit Administration (FCA) Board Adopts the Following Policy Statement

    It is the policy of the Farm Credit Administration (FCA or Agency) to prohibit discrimination in Agency policies, program practices, and operations. Employees, applicants for employment, and members of the public who seek to take part in FCA programs, activities, and services will be treated fairly. The FCA Board Chairman and Chief Executive Officer (CEO) is ultimately responsible for ensuring that FCA meets all EEOD requirements and initiatives in accordance with laws and regulations, to maintain a workplace that is free from discrimination and that values all employees. FCA, under the appropriate laws and regulations, will:

    • Ensure equal employment opportunity based on merit and qualification, without discrimination because of race, color, religion, sex (including sexual orientation), age (40 or older), national origin, disability, status as a parent, genetic information, or filing of a complaint, participation in discrimination or harassment complaint proceedings, or other opposition to discrimination;

    • Provide for the prompt and fair consideration of complaints of discrimination;

    • Make reasonable accommodations for qualified applicants for employment and employees with physical or mental disabilities, and provide personal assistance services to employees with targeted disabilities, as provided under the Rehabilitation Act and its implementing regulations;

    • Make reasonable accommodations based on applicants' and employees' religious beliefs or practices, consistent with Title VII;

    • Provide an environment free from harassment to all employees;

    • Create and maintain an organizational culture that recognizes, values, and supports employee and public diversity and inclusion;

    • Develop objectives within the Agency's operation and strategic planning process to meet the goals of EEOD and this policy;

    • Implement affirmative programs to carry out this policy within the Agency; and

    • To the extent practicable, seek to encourage the Farm Credit System to continue its efforts to promote and increase diversity.

    Diversity and Inclusion

    The FCA intends to be a model employer. That is, as far as possible, FCA will build and maintain a workforce that reflects the rich diversity of individual differences evident throughout this Nation. The Board views individual differences as complementary and believes these differences enrich our organization. When individual differences are respected, recognized, and valued, diversity becomes a powerful force that can contribute to achieving superior results. Therefore, we will create, maintain, and continuously improve on an organizational culture that fully recognizes, values, and supports employee diversity. The Board is committed to promoting and supporting an inclusive environment that provides to all employees, individually and collectively, the chance to work to their full potential in the pursuit of the Agency's mission. We will provide everyone the opportunity to develop to his or her fullest potential. When a barrier to someone achieving this goal exists, we will strive to remove this barrier.

    Affirmative Employment

    The Board reaffirms its commitment to ensuring FCA conducts all of its employment practices in a nondiscriminatory manner. The Board expects full cooperation and support from everyone associated with recruitment, selection, development, and promotion to ensure such actions are free of discrimination. All employees will be evaluated on their EEOD achievements as part of their overall job performance. Though staff commitment is important, the role of supervisors is paramount to success. Agency supervisors must be coaches and are responsible for helping all employees develop their talents and give their best efforts in contributing to the mission of the FCA.

    Workplace Harassment

    It is the policy of the FCA to provide a work environment free from unlawful discrimination in any form, and to protect all employees from any form of harassment, either physical or verbal. The FCA will not tolerate harassment in the workplace for any reason. The FCA also will not tolerate retaliation against any employee for reporting harassment or for aiding in any inquiry about reporting harassment. FCA begins prompt, thorough, and impartial investigations within 10 days of receiving notice of harassment allegations.

    Disabled Veterans Affirmative Action Program (DVAAP)

    A disabled veteran is defined as someone who is entitled to compensation under the laws administered by the Veterans Administration or someone who was discharged or released from active duty because of a service-connected disability.

    The FCA is committed to increasing the representation of disabled veterans within its organization. Our Nation owes a debt to those veterans who served their country, especially those who were disabled because of service. To honor these disabled veterans, the FCA shall place emphasis on making vacancies known to and providing opportunities for employing disabled veterans.

    Dated this 4th day of September 2018.

    By order of the Board.

    Dale L. Aultman, Secretary, Farm Credit Administration Board.
    [FR Doc. 2018-19545 Filed 9-7-18; 8:45 am] BILLING CODE 6705-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice to All Interested Parties of Intent To Terminate Receivership

    Notice is hereby given that the Federal Deposit Insurance Corporation (FDIC or Receiver) as Receiver for the institution listed below intends to terminate its receivership for said institution.

    Notice of Intent To Terminate Receivership Fund Receivership name City State Date of
  • appointment
  • of Receiver
  • 10436 Inter Savings Bank, FSB d/b/a InterBank, FSB Maple Grove MN 4/27/2012

    The liquidation of the assets for the receivership has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.

    Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing, identify the receivership to which the comment pertains, and sent within thirty days of the date of this notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 34.6, 1601 Bryan Street, Dallas, TX 75201.

    No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

    Dated at Washington, DC, on September 5, 2018. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2018-19508 Filed 9-7-18; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of Receiverships

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for each of the following insured depository institutions, was charged with the duty of winding up the affairs of the former institutions and liquidating all related assets. The Receiver has fulfilled its obligations and made all dividend distributions required by law.

    Notice of Termination of Receiverships Fund Receivership name City State Termination date 4632 BestBank Boulder CO 9/1/2018 10083 Vineyard Bank, National Association Rancho Cucamonga CA 9/1/2018 10096 Peoples Community Bank West Chester OH 9/1/2018 10204 First Lowndes Bank Fort Deposit AL 9/1/2018 10266 Home Valley Bank Cave Junction OR 9/1/2018 10519 Trust Company Bank Memphis TN 9/1/2018

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary, including but not limited to releases, discharges, satisfactions, endorsements, assignments, and deeds. Effective on the termination dates listed above, the Receiverships have been terminated, the Receiver has been discharged, and the Receiverships have ceased to exist as legal entities.

    Dated at Washington, DC, on September 5, 2018. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2018-19507 Filed 9-7-18; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL MARITIME COMMISSION Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreements to the Secretary by email at [email protected], or by mail, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. Copies of the agreements are available through the Commission's website (www.fmc.gov) or by contacting the Office of Agreements at (202)-523-5793 or [email protected]

    Agreement No.: 011931-009.

    Agreement Name: CMA CGM/Marfret Vessel Sharing Agreement for PAD Service.

    Parties: CMA CGM S.A. and Compagnie Maritime Marfret.

    Filing Party: Draughn Arbona; CMA CGM (America) LLC.

    Synopsis: The amendment reverts the service string to a fortnightly service frequency. The parties request expedited review.

    Proposed Effective Date: 10/15/2018.

    Location: https://www2.fmc.gov/FMC.Agreements.Web/Public/AgreementHistory/512.

    Agreement No.: 201271.

    Agreement Name: MED/USEC Vessel Sharing Agreement.

    Parties: American President Lines, ltd.; APL Co. Pte. Ltd.; CMA CGM S.A.; COSCO Shipping Lines Co., Ltd.; COSCO Shipping Lines (Europe) GmbH; Hapag-Lloyd AG, Ocean Network Express Pte. Ltd.; OOCL (Europe) Limited; Orient Overseas Container Line Limited; and Yang Ming Marine Transport Corporation and Yangming (UK) Ltd.

    Filing Party: Josh Stein; Cozen O'Connor.

    Synopsis: The Agreement authorizes the Parties to charter and exchange space on their respective vessels in the Agreement trade and to enter into cooperative working arrangements in connection therewith. The Agreement covers the trades between ports in the Mediterranean (France, Italy, Malta, Morocco and Spain) and U.S. ports in the Atlantic coast range.

    Proposed Effective Date: 10/15/2018.

    Location: https://www2.fmc.gov/FMC.Agreements.Web/Public/AgreementHistory/16275.

    Dated: September 4, 2018. Rachel Dickon, Secretary.
    [FR Doc. 2018-19467 Filed 9-7-18; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.

    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

    Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 24, 2018.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. West Town Bancorp, Inc., Raleigh, North Carolina; to continue to engage in the sale and underwriting of credit-related insurance, pursuant to section 225.28(b)(11)(i) of Regulation Y.

    Board of Governors of the Federal Reserve System, September 5, 2018. Ann Misback, Secretary of the Board.
    [FR Doc. 2018-19567 Filed 9-7-18; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than October 5, 2018.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Holata Micco, LLC, and Bowlegs Creek, LLC, both of Naples, Florida; to become bank holding companies by acquiring voting shares of The Leaders Bank, Oak Brook, Illinois.

    Board of Governors of the Federal Reserve System, September 5, 2018. Ann Misback, Secretary of the Board.
    [FR Doc. 2018-19566 Filed 9-7-18; 8:45 am] BILLING CODE P
    GENERAL SERVICES ADMINISTRATION [Notice-WWICC-2018-03; Docket No. 2018-0003; Sequence No. 3] World War One Centennial Commission; Notification of Upcoming Public Advisory Meeting AGENCY:

    World War One Centennial Commission.

    ACTION:

    Meeting notice.

    SUMMARY:

    Notice of this meeting is being provided according to the requirements of the Federal Advisory Committee Act. This notice provides the schedule and agenda for the October 2, 2018 meeting of the World War One Centennial Commission (the Commission). The meeting is open to the public.

    DATES:

    Meeting date: The meeting will be held on Tuesday, October 2, 2018, starting at 1:00 p.m. Central Daylight Time (CDT), and ending no later than 4:00 p.m. CDT.

    Written Comments may be submitted to the Commission and will be made part of the permanent record of the Commission. Comments must be received by 5:00 p.m. Eastern Daylight Time (EDT), September 28, 2018.

    ADDRESSES:

    The meeting will be held at Pritzker Military Museum and Library, 104 S Michigan Ave., Chicago, IL 60603 (2nd Floor). This location is handicapped accessible. The meeting will be open to the public. Persons attending are requested to refrain from using perfume, cologne, and other fragrances (see http://www.access-board.gov/about/policies/fragrance.htm for more information). Written Comments may be provided by email to [email protected] Contact Daniel S. Dayton at [email protected] to register to comment during the meeting's 30-minute public comment period.

    Registered speakers/organizations will be allowed five (5) minutes, and will need to provide written copies of their presentations. Requests to comment, together with presentations for the meeting, must be received by 5:00 p.m. EDT, on Friday, September 28, 2018. Please contact Mr. Dayton at the email address above to obtain meeting materials.

    FOR FURTHER INFORMATION CONTACT:

    Daniel S. Dayton, Designated Federal Officer, World War 1 Centennial Commission, 701 Pennsylvania Avenue NW, 123, Washington, DC 20004-2608, 202-380-0725 (Note: this is not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    Background

    The World War One Centennial Commission was established by Public Law 112-272 (as amended), as a commission to ensure a suitable observance of the centennial of World War I, to provide for the designation of memorials to the service of members of the United States Armed Forces in World War I, and for other purposes. Under this authority, the Committee will plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I, encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I, facilitate and coordinate activities throughout the United States relating to the centennial of World War I, serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I, and develop recommendations for Congress and the President for commemorating the centennial of World War I. Notice of this meeting is being provided according to the requirements of the Federal Advisory Committee Act, 5 U.S.C. App. 10(a)(2).

    Agenda Tuesday October 2, 2018 Old Business: • Acceptance of minutes of last meeting • Public Comment Period New Business: • Executive Director's Report—Executive Director Dayton • 2019 Signature Event Proposals—Executive Director Dan Dayton • Financial Committee Report—Commissioner Dunning • Education Committee Report—Commissioner O'Connell • ACE Committee Report—Commissioner Monahan • Memorial Report—Vice Chair Fountain • Fundraising Report—Commissioner Sedgwick • International Report—Commissioner Seefried Other Business: • Chairman's Report Upcoming Meeting Dates • January 22, 2019, via phone • April 21-22, 2019, Washington, DC • July 2019, Kansas City, MO Motion to Adjourn Dated: September 4, 2018. Daniel S. Dayton, Designated Federal Official, World War I Centennial Commission.
    [FR Doc. 2018-19491 Filed 9-7-18; 8:45 am] BILLING CODE 6820-95-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [Docket No. CDC-2017-0089] Systematic Review and Final CDC Guideline on the Diagnosis and Management of Mild Traumatic Brain Injury Among Children AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice; availability of final guidance.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), announces the availability of the Systematic Review and Final CDC Guideline on the Diagnosis and Management of Mild Traumatic Brain Injury Among Children.

    DATES:

    CDC published the final Systematic Review and Final CDC Guideline on the Diagnosis and Management of Mild Traumatic Brain Injury Among Children on September 4, 2018 in JAMA Pediatrics.

    FOR FURTHER INFORMATION CONTACT:

    Arlene I. Greenspan, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 4770 Buford Highway NE, Mailstop F-63, Atlanta, Georgia 30341. Telephone: (770) 488-4694; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On September 29, 2017, CDC published a notice in the Federal Register announcing the opening of a docket to obtain public comment on a Systematic Review of the evidence on the diagnosis, prognosis, and management of pediatric mild traumatic brain injury (mTBI), and an evidence-based Guideline that offers clinical recommendations for healthcare providers (82 FR 45588). CDC also provided an opportunity for public comments during the National Center for Injury Prevention and Control's Board of Scientific Counselors meeting on September 7, 2016 (81 FR 49657).

    The Systematic Review and Guideline were developed through a rigorous process guided by the American Academy of Neurology methodology and 2010 National Academy of Sciences methodology for the development of evidence-based guidelines. An extensive review of the scientific literature, spanning 25 years of research, formed the basis of the Guideline.

    The goal of the CDC Guideline is to help healthcare providers take action to improve the health of their pediatric patients with mTBI. The Guideline consists of 19 clinical recommendation sets that cover diagnosis, prognosis, and management and treatment. These recommendations are applicable to healthcare providers working in inpatient, emergency, primary, and outpatient care settings. CDC received comments on the draft Systematic Review and Guideline from two external peer reviewers:

    ☐ Both provided references for literature that was published following the close of the literature review period for the Guideline and Systematic Review. Both reviewers requested details about definitions of terms such as mTBI and concussion and how they are similar or different.

    ☐ Other comments focused on how an existing consensus statement on sports-related concussion aligns with CDC recommendations; lack of information available on children who never seek medical attention to highlight this current information gap; and specificity of the recommendations for clinicians in the acute care and outpatient settings.

    CDC also received 10 public comments from professional organizations, academia, and the public:

    ☐ Five were from medical and clinical professional organizations. These groups shared their perspective on diagnosis and treatment of mTBI and how specialty groups are affected differently.

    ☐ Two were from community members and parents sharing their support of the work.

    ☐ One was from a commenter who did not provide an affiliation. The commenter shared concerns regarding how the level of evidence was graded.

    ☐ One was from a healthcare provider who shared citations for consideration.

    ☐ One was from an advocacy group that provided a comment outside the scope of the docket.

    A summary of the revisions made to the final Systematic Review and Guideline based on external peer reviewer comments are posted in the Supporting Documents section of the docket (document titled “Ped mTBI Guideline Response to Peer Reviewer Comments”).

    CDC also revised the document based on public comments. For example, a few commenters expressed concern regarding recommendations not being applicable in the emergency care setting. As the clinical recommendations in the guideline were created for both the acute care and primary care setting, CDC added language to emphasize that the recommendations were drafted to be relevant for both settings. As another example, multiple comments were received regarding the content in the systematic review on the use of CT imaging. Commenters explained that current evidence that provides the basis for CT imaging focus on ruling out clinically-important traumatic brain injury among pediatric patients presenting with a TBI. In response, CDC revised the conclusion to specify that the recommendations are for children presenting with mTBI versus TBI of all severity levels in the acute care setting. All public and peer reviewer comments were carefully reviewed and considered to strengthen and improve the quality of the Systematic Review and Guideline. The final Systematic Review and Guideline on the Diagnosis and Management of Mild Traumatic Brain Injury Among Children can be found at https://jamanetwork.com/journals/jamapediatrics/fullarticle/2698456?guestAccessKey=80a9ecdc-ea57-447d-a1b3-b4a87cadd40d (Guideline) and https://jamanetwork.com/journals/jamapediatrics/fullarticle/2698455?guestAccessKey=24b78e3d-571f-49fb-9daf-499d2b3e2cc1 (Systematic Review).

    Dated: September 5, 2018. Lauren Hoffmann, Acting Executive Secretary, Centers for Disease Control and Prevention.
    [FR Doc. 2018-19536 Filed 9-7-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request

    Title: Tribal Maternal, Infant, and Early Childhood Home Visiting Program Quarterly Performance Reporting Form.

    OMB No.: New Collection.

    Description: The Administration for Children and Families (ACF), Office of Child Care, in collaboration with the Health Resources and Services Administration (HRSA), Maternal and Child Health Bureau, administers the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program, as authorized by Title V, Section 511 of the Social Security Act. The Administration for Children and Families administers the Tribal MIECHV Program while HRSA administers the State/Territory MIECHV Program. Tribal MIECHV discretionary grants support cooperative agreements to conduct community needs assessments; plan for and implement high-quality, culturally-relevant, evidence-based home visiting programs in at-risk tribal communities; establish, measure, and report on progress toward meeting performance measures in six legislatively-mandated benchmark areas; and conduct rigorous evaluation activities to build the knowledge base on home visiting among Native populations.

    The proposed data collection form is as follows: In order to continuously monitor, provide grant oversight, quality improvement guidance, and technical assistance to Tribal MIECHV grantees, ACF is seeking to collect services utilization data on a quarterly basis. The Tribal MIECHV Quarterly Data Performance Reporting Form, is made up of five categories of data—program capacity, place-based services, family engagement, staff recruitment and retention and staff vacancies. This form will be used by Tribal MIECHV grantees that receive grants under the Tribal MIECHV Program to collect data in order to determine the caseload capacity grantees are achieving, where services are being delivered, the retention and attrition of enrolled families, and the retention and attrition of program staff on a quarterly basis.

    Respondents: Tribal Maternal, Infant, and Early Childhood Home Visiting Program Managers. The information collection does not include direct interaction with individuals or families that receive the services.

    Annual Burden Estimates Type of respondent Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total
  • burden hours
  • Tribal MIECHV Grantees Tribal MIECHV Quarterly Reporting Form 25 4 24 2,400 Total 2,400

    Estimated Total Annual Burden Hours: 2,400.

    In compliance with the requirements of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chap 35), the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW, Washington DC 20201. Attn: ACF Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Robert A. Sargis, Reports Clearance Officer.
    [FR Doc. 2018-19561 Filed 9-7-18; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-3065] Memorandum of Understanding Addressing Certain Distributions of Compounded Drug Products Between the States and the Food and Drug Administration; Revised Draft; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability; withdrawal.

    SUMMARY:

    The Food and Drug Administration (FDA or the Agency) is announcing the availability for public comment of a revised draft standard memorandum of understanding (MOU) entitled “Memorandum of Understanding Addressing Certain Distributions of Compounded Drug Products Between the State of [insert State] and the U.S. Food and Drug Administration” (revised draft standard MOU). The revised draft standard MOU describes the responsibilities of a State that chooses to sign the MOU in investigating and responding to complaints related to compounded drug products compounded in the State and distributed outside the State and in addressing the interstate distribution of inordinate amounts of compounded drug products.

    FDA is also announcing the withdrawal of an earlier draft standard MOU entitled “Memorandum of Understanding Addressing Certain Distributions of Compounded Human Drug Products Between the State of [insert State] and the U.S. Food and Drug Administration,” which was issued in February 2015 (2015 draft standard MOU). The 2015 draft standard MOU is superseded by the revised draft standard MOU.

    DATES:

    FDA is withdrawing its draft standard MOU that published on February 19, 2015 (80 FR 8874), as of September 10, 2018. Submit either electronic or written comments on the revised draft standard MOU by December 10, 2018, to ensure that the Agency considers your comment on this draft MOU before it begins work on the final version of the MOU. Submit either electronic or written comments on information collection issues under the Paperwork Reduction Act of 1995 by December 10, 2018 (see the “Paperwork Reduction Act of 1995” section of this document).

    ADDRESSES:

    You may submit comments on the MOU at any time 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): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Dockets Management Staff, 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-2018-N-3065 for “Memorandum of Understanding Addressing Certain Distributions of Compounded Drug Products Between the States and the Food and Drug Administration; Revised Draft; Availability.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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 Dockets Management Staff. 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 Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Submit written requests for single copies of the draft MOU to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft document.

    FOR FURTHER INFORMATION CONTACT:

    Sara Rothman, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 5197, Silver Spring, MD 20993-0002, 301-796-3110.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 503A of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 353a) describes the conditions that must be satisfied for drug products compounded by a licensed pharmacist or licensed physician to be exempt from the following sections of the FD&C Act: (1) Section 501(a)(2)(B) (21 U.S.C. 351(a)(2)(B)) (concerning current good manufacturing practice (CGMP) requirements), (2) section 502(f)(1) (21 U.S.C. 352(f)(1)) (concerning the labeling of drugs with adequate directions for use), and (3) section 505 (21 U.S.C. 355) (concerning the approval of drugs under new drug applications or abbreviated new drug applications).

    One of the conditions to qualify for the exemptions listed in section 503A of the FD&C Act is that: (1) The drug product is compounded in a State that has entered into an MOU with FDA that addresses the distribution of inordinate amounts of compounded drug products interstate and provides for appropriate investigation by a State agency of complaints relating to drug products distributed outside such State or (2) if the drug product is compounded in a State that has not entered into such an MOU, the licensed pharmacist, pharmacy, or physician does not distribute, or cause to be distributed, compounded drug products out of the State in which they are compounded in quantities that exceed 5 percent of the total prescription orders dispensed or distributed by such pharmacy or physician (5 percent limit) (see section 503A(b)(3)(B)(i) and (ii) of the FD&C Act).

    Section 503A(b)(3)(B) of the FD&C Act directs FDA to develop, in consultation with the National Association of Boards of Pharmacy (NABP), a standard MOU for use by the States in complying with section 503A(b)(3)(B)(i).

    II. Previous Efforts To Develop a Standard MOU

    In the Federal Register of January 21, 1999 (64 FR 3301), FDA announced the availability for public comment of a draft standard MOU, developed in consultation with NABP (1999 draft standard MOU). Over 6,000 commenters submitted comments on the 1999 draft standard MOU. Because of litigation over the constitutionality of the advertising, promotion, and solicitation provision in section 503A of the FD&C Act,1 the draft standard MOU was not completed. In 2013, section 503A of the FD&C Act was amended by the Drug Quality and Security Act (DQSA) (Pub. L. 113-54) to remove the advertising, promotion, and solicitation provisions that were held unconstitutional, and FDA took steps to implement section 503A, including the provisions on the MOU. In the Federal Register of February 19, 2015 (80 FR 8874), FDA withdrew the 1999 draft standard MOU and issued the 2015 draft standard MOU for public comment. FDA received more than 3,000 comments on the 2015 draft standard MOU. By this notice, FDA is withdrawing the 2015 draft standard MOU, and the revised draft standard MOU made available today supersedes the 2015 draft standard MOU.

    1 The conditions of section 503A of the FD&C Act originally included restrictions on the advertising or promotion of the compounding of any particular drug, class of drug, or type of drug and the solicitation of prescriptions for compounded drugs. These provisions were challenged in court and held unconstitutional by the U.S. Supreme Court in 2002. See Thompson v. Western States Med. Ctr., 535 U.S. 357 (2002).

    III. 503A Guidance

    Immediately after the enactment of the DQSA, in December 2013, the Agency published a draft guidance on section 503A of the FD&C Act entitled “Pharmacy Compounding of Human Drug Products Under Section 503A of the Federal Food, Drug, and Cosmetic Act” (2013 draft 503A guidance) (see 78 FR 72901, December 4, 2013) announcing the availability of the draft guidance). The 2013 draft 503A guidance described FDA's proposed policy with regard to specific provisions of section 503A of the FD&C Act that require rulemaking or other action by FDA, such as the MOU provisions. Several commenters on the 2013 draft 503A guidance offered FDA their views on the MOU provisions of section 503A of the FD&C Act. FDA considered these comments in developing the 2015 draft standard MOU and the revised draft standard MOU it is issuing today. The final 503A guidance (available at https://www.fda.gov/ucm/groups/fdagov-public/@fdagov-drugs-gen/documents/document/ucm469119.pdf), published July 2, 2014 (see 79 FR 37742 announcing the availability of the final 503A guidance), states that FDA does not intend to enforce the 5 percent limit on distribution of compounded drug products out of the State in which they are compounded until after FDA has finalized an MOU and made it available to the States for their consideration and signature. After considering any comments on the revised draft standard MOU submitted to this docket, FDA intends to finalize the MOU and make it available for signature by individual States. FDA will determine at the time of publication of the final MOU how long it will allow States to consider whether to sign the MOU before FDA begins to enforce the 5 percent limit in those States that have not signed an MOU. As discussed below, FDA is proposing a 180-day period.

    IV. Revised Draft Standard MOU

    FDA has now developed a revised draft standard MOU on which it is soliciting public comment. FDA has consulted with NABP in developing this revised draft standard MOU. FDA also considered the comments submitted on the 2015 draft standard MOU, as well as comments on the MOU provisions it received in connection with the 2013 draft 503A guidance. Below, FDA has summarized and discussed key provisions of the revised draft standard MOU and, where appropriate, summarized changes that the Agency made in the revised draft standard MOU. Drug products intended for veterinary use, repackaged drug products, biological products subject to licensure through a biologics license application under section 351 of the Public Health Service Act (42 U.S.C. 262), and drug products compounded by outsourcing facilities are not the subject of the revised draft standard MOU.

    A. Investigation of Complaints

    The revised draft standard MOU provides that States that enter into the MOU will agree to:

    • Investigate complaints relating to drug products compounded by a pharmacist in the State and distributed outside the State by a pharmacy, including complaints about adverse drug experiences or product quality issues to, among other things, take steps to assess whether there is a public health risk and whether such risk is adequately contained;

    • Take action, in accordance with and as permitted by State law, to ensure that the relevant compounding pharmacy investigates the root cause of the problem and addresses any public health risk identified in relation to the complaint;

    • Notify FDA as soon as possible, but no later than 3 business days, after receiving any complaints relating to a drug product compounded by a pharmacist in the State and distributed outside the State involving a serious adverse drug experience or serious product quality issue, and provide FDA with certain information about the complaint, including the following:

    ○ Name and contact information of the complainant;

    ○ Name and address of the pharmacy/physician that is the subject of the complaint;

    ○ Description of the complaint, including a description of any compounded drug product that is the subject of the complaint; and

    ○ State's initial assessment of the validity of the complaint relating to a compounded drug product distributed outside the State, if available;

    • Subsequent to this notification, provide FDA with the results (description and date of any State actions) of its investigation;

    • Notify the appropriate regulator of physician compounding within the State of any complaints about adverse drug experiences or product quality issues related to drug products compounded by a physician in the State and distributed outside the State; and

    • Maintain records of the complaints it receives, the investigation of each complaint, and any response to or action taken as a result of a complaint, beginning when the State receives notice of the complaint. The revised draft standard MOU says that the State agrees to maintain these records for at least 3 years, beginning on the date of final action or the date of a decision that the complaint requires no action.

    The types of complaints of compounded drug products that should be investigated include any adverse drug experience and product quality issues. Even non-serious adverse drug experiences and product quality issues can be indicative of problems at a compounding facility that could result in product quality defects leading to serious adverse drug experiences if not corrected. For example, inflammation around the site of an injection can indicate drug product contamination from inadequate sterile practices at the compounding pharmacy. If the pharmacy has inadequate sterile practices, other more serious contamination could result in serious adverse events.

    The revised draft standard MOU does not include specific directions to the States relating to how to conduct their investigation of complaints. Rather, as recommended by comments submitted to FDA previously, the details of such investigations are left to the States' discretion. For example, a State may review an incoming complaint describing an adverse drug experience and determine that such a complaint does not warrant further investigation. In other cases, a State may determine that an incoming complaint contains insufficient information and investigate further to determine appropriate action.

    States signing the revised draft standard MOU would agree to notify FDA about certain complaints and provide FDA with certain information about the complaints so FDA could investigate the complaints itself, or take other appropriate action.2 FDA received comments that it was not feasible for States to notify FDA of certain complaints within a 72-hour timeframe, as described in the 2015 draft standard MOU. Comments noted that gathering the information requested for submissions within just 72 hours might be difficult for States, particularly given that this period might overlap with a weekend or holiday. Some comments requested up to 7 days to provide the notification, but several others suggested that FDA revise the notification period to 3 business days. FDA has now revised the MOU to reflect the latter approach. The revise draft standard MOU provides that notification will occur as soon as possible, but no later than 3 business days after the State receives the complaint. This period will continue to facilitate early Federal/State collaboration on serious adverse drug experiences and serious product quality issues that have the potential to affect patients in multiple States, while providing for notification in a time frame that is more feasible for the States. We note that FDA has staff on call 24 hours a day to receive information in emergency situations.

    2 FDA is currently considering whether to propose regulations or issue guidance documents to further its implementation of section 503A(b)(3)(B) of the FD&C Act. Notice of any such action will be provided in the Federal Register.

    Comments also expressed concern that certain provisions regarding complaint investigation that States entering into the MOU would agree to may require States to take action not permitted by State law and may imply that, after taking action, the State has made a legal determination that the complaint has been resolved. The revised draft standard MOU clarifies that the State should investigate and take action that the State considers to be appropriate with respect to the complaint in accordance with and as permitted by State law. FDA has also clarified that, by signing the MOU, the State agrees to assess the existence of a public health risk associated with the complaint and whether such risk is adequately contained rather than make definitive determinations of risk or confirm containment.

    B. Inordinate Amounts

    The revised draft standard MOU provides that States that enter into the MOU will agree to:

    • On an annual basis (at minimum), identify, using surveys, reviews of compounding records during inspections of compounding pharmacies, or other mechanisms available to the State, compounding pharmacies that distribute inordinate amounts of compounded drug products interstate by collecting information regarding the following:

    ○ Total number of prescription orders for compounded drug products distributed or dispensed intrastate, and

    ○ Total number of prescription orders for compounded drug products distributed interstate;

    • If the State becomes aware of a physician who is distributing compounded drug products interstate, coordinate with the appropriate regulator of physician compounding within the State to determine, using surveys, reviews of records during inspections, or other mechanisms available to the State, whether the physician distributes inordinate amounts of compounded drug products interstate by collecting information regarding the following:

    ○ Total number of prescription orders for compounded drug products distributed or dispensed intrastate, and

    ○ Total number of prescription orders for compounded drug products distributed interstate;

    • For pharmacies or physicians that have been identified as distributing inordinate amounts of compounded drug products interstate, collect information regarding the following:

    ○ Total number of prescription orders for sterile compounded drugs distributed interstate;

    ○ Number of States in which the compounding pharmacy or physician is licensed or into which the compounding pharmacy or physician distributes compounded drug products; and

    ○ Whether the State inspected for and found during its most recent inspection that the compounding pharmacy or physician distributed compounded drug products without valid prescriptions for individually identified patients;

    • Notify FDA if the State identifies any pharmacy or physician within its jurisdiction that has distributed inordinate amounts of compounded drug products interstate; and

    • Provide FDA with the following information regarding pharmacies or physicians that distributed inordinate amounts of compounded drug products interstate:

    ○ Name and address of the pharmacy/physician;

    ○ Total number of prescription orders for compounded drug products distributed or dispensed intrastate;

    ○ Total number of prescription orders for compounded drug products distributed interstate;

    ○ Total number of prescription orders for sterile compounded drugs distributed interstate,

    ○ Number of States in which the compounding pharmacy or physician is licensed or into which it distributes compounded drug products, and

    ○ Whether the State inspected for and found during its most recent inspection that the compounding pharmacy or physician distributed compounded drug products without valid prescriptions for individually identified patients.

    In the revised draft standard MOU, a pharmacy or physician is considered to have distributed an inordinate amount of compounded drug products interstate if the number of prescription orders for compounded drug products distributed interstate during any calendar month is greater than 50 percent of the number of prescription orders for compounded drug products dispensed or distributed both intrastate and interstate by such pharmacy or physician during that calendar month. This concept would be called the 50 percent threshold.

    Section 503A of the FD&C Act reflects Congress' recognition that compounding may be appropriate when it is based on receiving a valid prescription or notation from a prescribing practitioner for an identified individual patient. However, drug products compounded under section 503A are not required to demonstrate that they are safe or effective, bear adequate directions for use, or conform to CGMP. Congress, therefore, imposed strict limits on the distribution of drug products compounded under section 503A to protect the public health and the integrity of the drug approval process.

    In particular, Congress did not intend for compounders operating under these statutory provisions to grow into conventional manufacturing operations making unapproved drugs, operating a substantial proportion of their business interstate, without adequate oversight. Although other provisions of the FD&C Act apply to State-licensed pharmacies and physicians that may qualify for the exemptions under section 503A of the FD&C Act (e.g., the adulteration provisions for making drugs under insanitary conditions), and although FDA may take action in appropriate cases against compounders that violate these provisions or that operate outside of the conditions in section 503A, Congress recognized that these compounders are primarily overseen by the States. If a substantial proportion of a compounder's drugs are distributed outside a State's borders, adequate regulation of those drugs poses significant challenges to State regulators. States face logistical, regulatory, and financial challenges inspecting compounders located outside of their jurisdiction. In addition, if a compounder distributes drugs to multiple States, it can be very difficult to gather the scattered information about possible adverse events associated with those drugs, connect them to the compounder, and undertake coordinated action to address a potentially serious public health problem.

    Therefore, as a baseline measure, section 503A(b)(3)(B) of the FD&C Act limits the distribution of compounded drug products outside of the State in which they are compounded to 5 percent of the total prescription orders dispensed or distributed by a licensed pharmacist, pharmacy or physician. It then directs FDA, in consultation with NABP, to develop a standard MOU that addresses the distribution of inordinate amounts of compounded drug products interstate and provides for appropriate investigation by a State agency of complaints relating to drug products compounded in and distributed outside such State. Implementation of this provision involves FDA describing what inordinate amounts means and providing a mechanism for addressing interstate distribution of inordinate amounts of compounded drug products, as long as the States agree to appropriately investigate complaints relating to drug products compounded in and distributed out of the State.

    In the 2015 draft standard MOU, FDA proposed that distribution interstate up to a 30 percent limit would not be inordinate, and that States entering into the MOU would agree to take action regarding pharmacists, pharmacies, or physicians that distribute inordinate amounts of compounded drugs interstate. FDA received a number of comments indicating that certain pharmacies, such as pharmacies located near state borders and home infusion pharmacies, distribute more than 30 percent of their compounded drugs to patients interstate because, for example, the patients are located in another nearby State, or because few pharmacies compound a particular drug to treat an uncommon condition for patients dispersed throughout the country. The comments noted that the proposed definition of inordinate amounts and the proposed provision in which States agree to take action could prevent such pharmacies from fulfilling patients' medical needs for the drugs that they supply. Other comments expressed concern about instances in which pharmacies are located near a State border and distribute compounded drugs to the other side of that border. FDA also received general comments questioning the Agency's basis for the 30 percent limit and indicating that it was too low. Some comments suggested that FDA increase the limit, including a suggestion to increase it to 50 percent.

    The revised draft standard MOU addresses these comments in two respects. First, it would remove the provision in the 2015 draft standard MOU that States agree to take action with respect to the distribution of inordinate amounts of compounded drug products interstate. Second, it would change what is considered “inordinate amounts” from a 30 percent limit to a 50 percent threshold.

    With respect to State action, the revised draft standard MOU instead provides that States entering into the MOU would agree to inform FDA of compounders that have distributed an inordinate amount of compounded drug products interstate. The Agency does not intend to take action against a compounder located in a State that has entered into the MOU solely because the compounder has exceeded the threshold for inordinate amounts. Rather, FDA proposes that States collect further information on compounders that have distributed inordinate amounts interstate and provide this information to FDA to help inform inspectional priorities.

    States generally have day-to-day oversight responsibilities over State-licensed pharmacies, pharmacists, and physicians. In general, FDA considers a pharmacy or physician that distributes the majority of its compounded drugs intrastate to be primarily overseen by the State, which is responsible both for regulation of the compounder and protection of its citizens who receive the compounded drugs. However, as discussed above, if a substantial proportion of a compounder's drugs is distributed outside a State's borders, adequate regulation of those drugs poses significant challenges to State regulators. In such cases, although State oversight continues to be critical, additional oversight by FDA may afford an important public health benefit.

    As stated above, in the revised draft standard MOU, FDA proposes eliminating the 30 percent limit and instead establishing 50 percent as the threshold beyond which the amount of compounded drugs distributed interstate would be considered inordinate. Under this proposal, the threshold triggers an information collection and reporting obligation once it is reached. The Agency believes that more than 50 percent is an appropriate measure of “inordinate amounts” because it marks the point at which pharmacies and physicians are distributing the majority of their compounded drug products interstate, and the regulatory challenges associated with interstate distributors discussed above become more pronounced. At this tipping point, the risk posed by the distribution practices of the compounder may weigh in favor of additional Federal oversight in addition to State oversight.

    FDA recognizes that in some cases, compounders may distribute more than 50 percent of a small quantity of compounded drug products to contiguous States. Although such compounders have exceeded the inordinate amounts threshold proposed in the revised draft standard MOU, FDA would consider other information, such as the number of patients that will receive the compounded drugs, if available, when assessing the compounders' priority for risk-based inspection. Accordingly, when a State identifies a pharmacy or physician that distributes an inordinate amount of compounded drug products interstate, the draft standard MOU provides that the State would supply the Agency with: (1) Information about the total number of prescription orders for compounded drug products that it distributed or dispensed intrastate; (2) the total number of prescription orders for compounded drug products that it distributed interstate; (3) the total number of prescription orders for sterile compounded drug products that it distributed interstate; (4) the number of States in which the compounder is licensed; and (5) whether the State inspected for and found during its most recent inspection that the compounding pharmacy or physician distributed compounded drug products without valid prescriptions for individually identified patients. FDA intends to use this information to prioritize its inspections of compounders based on risk, focusing on those that appear likely to distribute large volumes of compounded drug products, particularly when the distribution is to multiple States, the drug products are intended to be sterile, and there is information about a lack of valid prescriptions for individually identified patients.

    FDA has further revised the calculation of inordinate amounts as follows. The 2015 draft standard MOU provided that a compounder is considered to have distributed an inordinate amount of compounded drug products interstate if the number of units of compounded drug products distributed interstate during any calendar month is equal to or greater than 30 percent of the number of units of compounded and non-compounded drug products distributed or dispensed both intrastate and interstate by such compounder during that calendar month. FDA received comments noting that because the calculation includes both compounded and non-compounded drug products, in many cases, a substantial factor in whether a compounder has distributed an inordinate amount of compounded drug products interstate is whether the compounder offers non-compounded drug products. For example, under that policy, many specialty compounding pharmacies that engage in interstate distribution and only distribute compounded drug products would be able to distribute fewer compounded drug products interstate before reaching an inordinate amount than a pharmacy that also fills prescriptions for non-compounded drug products, even if both pharmacies produced the same amount of compounded drug products. After considering the public comments, FDA does not believe that including non-compounded drug products within the calculation of inordinate amounts would help address the public health concerns associated with sending compounded drug products out of State that Congress sought to address in section 503A(b)(3)(B) of the FD&C Act. Accordingly, for purposes of the revised draft standard MOU, FDA is proposing to exclude consideration of non-compounded drug products from the calculation of inordinate amounts so that the denominator is determined by solely referencing compounded drug products.3

    3 FDA also intends to exclude non-compounded drugs from the calculation of the 5 percent limit in section 503A(b)(3)(B)(ii).

    C. Definitions

    Appendix A in the revised draft standard MOU defines key terms used in the MOU. FDA is retaining the definitions of “adverse drug experience,” “serious adverse drug experience,” “product quality issue,” and “serious product quality issue” from the 2015 draft standard MOU.

    The revised draft standard MOU also defines “distribution.” With respect to that definition, for purposes of the revised draft standard MOU, FDA proposes that distribution means that a compounder has sent a compounded drug product out of the facility in which the drug was compounded. Such distribution may include, but is not limited to, delivery or shipment to a physician's office, hospital, or other health care setting for administration, and dispensing the drug product by sending it to a patient for the patient's own use. This definition is revised from the 2015 draft standard MOU and is intended to address stakeholder comments and to better effectuate the purposes of section 503A of the FD&C Act.

    In the 2015 draft standard MOU, FDA proposed to define the term “distribution” to include, among other things, dispensing of a compounded drug product to a patient for the patient's own use. We received a number of comments on the 2015 draft standard MOU stating that distributing and dispensing are mutually exclusive activities, such that if a drug product is distributed, it is not also dispensed, and vice versa. Some comments asserted, in particular, that a compounded drug product should not be considered to be “distributed” when it is provided pursuant to a prescription. Other stakeholders, however, agreed with the inclusion of drug products provided pursuant to a prescription within the definition of “distribution” and maintained that this interpretation was important to protect the public health.

    After considering these comments and the public health objectives of section 503A(b)(3)(B) of the FD&C Act, we have proposed to revise the definition of distribution to exclude dispensing that occurs at the facility in which the drug was compounded. We intend to consider that when a drug is picked up in this way, dispensing, but not distribution, occurs for purposes of calculating “inordinate amounts” under the MOU or applying the 5 percent limit in section 503A(b)(3)(B)(ii) of the FD&C Act.

    FDA proposes that in-person dispensing, where the transaction between the compounder and the patient is completed without the compounded drug leaving the facility in which it was compounded, is appropriately overseen, primarily, by the State outside the context of the MOU, regardless of whether the compounded drug product subsequently leaves the State. Such an intrastate, local transaction generally indicates a close connection among the patient, compounder, and prescriber. By contrast, transactions by mail often have a less direct nexus among the patient, compounder, and prescriber than in-person pickups and would be considered “distributions.”

    Under this revised proposed definition, drugs dispensed in-person that are later taken out of State would not contribute to reaching the threshold for inordinate amounts that would need to be reported to FDA under the MOU. Nor would complaints associated with compounded drug products dispensed this way and subsequently taken out of State be subject to the complaint investigation provisions of the MOU. FDA expects that, in practice, the State in which the initial transaction occurred would handle such complaints. The State may, in its discretion, notify FDA of the complaint. We recognize that including in-person dispensing in the definition of “distribution” would result in complex tracking issues in instances when a patient subsequently crosses State lines. Under the proposed revised definition, the compounder would not need to track where the patient takes the compounded drug product after it is in the patient's possession.

    FDA is not persuaded by comments on the 2015 draft standard MOU urging the Agency to interpret “distribution” and “dispensing” to be entirely separate activities for purposes of section 503A(b)(3)(B) of the FD&C Act. These comments recommend using definitions for these terms used elsewhere in the FD&C Act and FDA regulations, and generally conclude that distribution does not include the transfer of a drug pursuant to a prescription.

    The conditions in section 503A, including section 503A(b)(3)(B), must be interpreted consistent with the prescription requirement in section 503A(a) of the FD&C Act. If we were to interpret the word “distribution” to apply only if a drug is provided without a prescription, it would mean that drug products compounded under section 503A of the FD&C Act are excluded from regulation under the MOU and the 5 percent limit, because to qualify for the exemptions under section 503A, a compounder must obtain a valid prescription order for an individually identified patient. For the reasons stated previously in section IV.B, we believe this would achieve the opposite of what Congress intended. A compounded drug product may be eligible for the exemptions under section 503A of the FD&C Act only if it is, among other things, “compounded for an identified individual patient based on the receipt of a valid prescription order or a notation, approved by the prescribing practitioner, on the prescription order that a compounded product is necessary for the identified patient.”

    Nor is there anything to suggest that Congress understood distributed and dispensed to be mutually exclusive categories rather than overlapping categories for purposes of section 503A of the FD&C Act. Section 503A(b)(3)(B) of the FD&C Act does not define “distribution” to exclude dispensing, which Congress has done elsewhere when that was its intention.4 The definition proposed by comments would write an exclusion for dispensing, in its entirety, into the statute where Congress did not. Indeed, with respect to comments suggesting that drugs dispensed pursuant to prescriptions could not also be “distributed,” we note that, in section 503A(b)(3)(B) of the FD&C Act, Congress specifically contemplated that prescription orders could be “distributed” when it directed the Agency to count the number of prescription orders that pharmacists and prescribers distributed.

    4 In other (non-compounding) contexts, where it would further a regulatory purpose, Congress and the Agency have specifically defined “distribute” to exclude dispensing. See, for example, section 581(5) of the FD&C Act (21 U.S.C. 360eee(5)), which applies to Title II of the DQSA, and 21 CFR 208.3. Section 503A of the FD&C Act does not contain a similar definition or a similar specific direction to exclude dispensing from the meaning of distribution. We also note that these definitions were adopted for provisions that focus on conventionally manufactured drug products, which assign different obligations to dispensers than to wholesalers, packagers, or other intermediaries in light of the different role that dispensers play with respect to product labeling and the drug distribution chain. In contrast, section 503A of the FD&C Act focuses on compounded drugs, and the reasons for defining “distribution” to exclude dispensing in Title II of the DQSA or part 208 do not apply.

    V. Other Issues A. Development of a Standard MOU

    A number of comments on the 1999 draft standard MOU, the 2013 draft 503A guidance, and the 2015 draft standard MOU suggested that FDA negotiate MOUs with individual States, rather than develop a standard MOU. Section 503A of the FD&C Act requires the Agency to develop a standard MOU for use by the States. Furthermore, it would be impractical to develop an individualized MOU with every State, and creating individualized MOUs would create a patchwork of regulation of interstate distribution by compounders seeking to qualify for the exemptions under section 503A of the FD&C Act. This would be confusing to the health care community, as well as regulators.

    B. Exemptions From the Interstate Distribution Provisions

    Some comments on the 2013 draft 503A guidance and the 2015 draft standard MOU requested that we consider exempting certain drug products or types of compounding entities from the threshold in the MOU and the 5 percent limit. For example, some comments recommended that we exempt nonsterile products.

    American consumers rely on the FDA drug approval process to ensure that medications have been evaluated for safety and effectiveness before they are marketed in the United States. Drugs made by compounders, including those made at outsourcing facilities, are not FDA-approved. This means that they have not undergone premarket review of safety, effectiveness, or manufacturing quality. Therefore, when an FDA-approved drug is commercially available, FDA recommends that practitioners prescribe the FDA-approved drug rather than a compounded drug unless the prescribing practitioner has determined that a compounded product is necessary for the particular patient and would provide a significant difference for the patient as compared to the FDA-approved commercially available drug product.

    In section 503A of the FD&C Act, Congress enacted several conditions to differentiate compounders from conventional manufacturers and provided that only if the compounders meet those conditions can they qualify for the exemptions from the drug approval requirements in section 505 of the FD&C Act. One of those conditions relates to limitations on the interstate distribution of compounded drug products, and FDA intends to enforce those provisions to differentiate compounding that qualifies for the exemptions from conventional manufacturing in the guise of compounding that does not, and will apply the conditions to all types of drugs and all categories of compounding.

    C. Information Sharing Between States and FDA

    The revised draft standard MOU provides that States will agree to notify FDA of any complaint relating to a compounded drug product distributed outside the State involving a serious adverse drug experience or serious product quality issue, and provide information about those events and issues. The revised draft standard MOU also provides that States will notify FDA if they identify a pharmacy or physician within their jurisdiction that has distributed inordinate amounts of compounded drug products interstate.

    FDA regularly posts on its compounding website information about enforcement and other actions related to compounders that violate the FD&C Act, and it is obligated to share certain information with States under section 105 of the DQSA. In addition to these measures, FDA is taking steps to proactively share information with States about complaints that it receives, consistent with Federal laws governing information disclosure.

    D. Enforcement of the 5 Percent Limit on Distribution of Compounded Drug Products Out of the State in Which They Are Compounded

    In the 503A guidance, FDA stated that it does not intend to enforce the 5 percent limit on distribution of compounded drug products outside of the State in which they are compounded until 90 days after FDA has finalized a standard MOU and made it available to the States for their consideration and signature. Most comments on the 2013 draft 503A guidance said this period was too short, but did not recommend a specific alternative. A few comments recommended a different timeframe, one recommending 120 days and another recommending 365 days. The 1997 Senate Committee Report for the Food and Drug Administration Modernization Act suggests that a 180-day period for States to decide whether to sign might be appropriate.5 Consistent with the 2015 draft standard MOU, the Agency proposes a 180-day period after the final standard MOU is made available for signature before FDA will enforce the 5 percent limit in States that have not signed the MOU, and invites public comment on whether this is an appropriate timeframe. FDA will announce at the time it publishes the final standard MOU and makes it available for signature when it intends to begin enforcing the 5 percent limit in States that do not sign.

    5 “[U]ntil the State . . . enters into a memorandum of understanding (MOU) with the Secretary or 180 days after the development of the standard MOU, whichever comes first, the [section 503A] exemption shall not apply if inordinate quantities of compounded products are distributed outside of the State in which the compounding pharmacy or physician is located.” (U.S. Senate Committee Report)

    E. Physician Compounding

    Several comments advised that State boards of pharmacy do not oversee physician compounding and would not be able to agree to perform the obligations under the 2015 draft standard MOU with respect to oversight of physician compounding.

    FDA recognizes that physicians often do not indicate, as part of their State licensure, that they compound drug products, and that there may not be routine mechanisms, such as inspections, to determine the extent to which such physicians distribute compounded drugs interstate. It is also FDA's understanding that physicians who compound drugs generally do so for their own patients, within their own professional practice, and they distribute or dispense them intrastate. However, there is still the potential for widespread harm if physicians ship large percentages of compounded drugs interstate without State investigation of complaints associated with those compounded drugs. Accordingly, under the revised draft standard MOU, States would agree to: (1) Notify FDA and the appropriate State agency if they receive information about serious adverse drug experiences or serious product quality issues associated with drugs compounded by physicians and (2) if they become aware of a physician distributing compounded drugs interstate, coordinate with the regulator of physician compounding within the State to determine whether the physician distributes inordinate amounts of compounded drug products interstate and notify FDA of physicians that do so.

    F. Prescription Orders

    Commenters expressed that the meaning of the term “units,” which is used in the 2015 draft standard MOU to calculate the 30 percent limit, was unclear to them.

    In the revised draft standard MOU, FDA has replaced the term “unit” with “prescription order” (i.e., the inordinate amounts calculation uses numbers of prescription orders for compounded drug products). “Prescription orders” includes chart orders for patients made in a healthcare setting. For purposes of this MOU, each refill is considered to be a new prescription order.

    VI. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (the 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. “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 provide a 60-day notice in the Federal Register for each proposed collection of information before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.

    With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    Section 503A of the FD&C Act describes, among other things, the circumstances under which certain drug products compounded by a licensed pharmacist or licensed physician are exempt from certain sections of the FD&C Act. One of the conditions to qualify for the exemptions listed in section 503A of the FD&C Act is that: (1) The drug product is compounded in a State that has entered into an MOU with FDA that addresses the distribution of inordinate amounts of compounded drug products interstate and provides for appropriate investigation by a State agency of complaints relating to compounded drug products distributed outside such a State or (2) if the drug product is compounded in a State that has not entered into such an MOU, the licensed pharmacist, pharmacy, or physician does not distribute, or cause to be distributed, compounded drug products out of the State in which they are compounded, more than 5 percent of the total prescription orders dispensed or distributed by such pharmacy or physician (see section 503A(b)(3)(B)(i) and (ii).

    Section 503A(b)(3) directs FDA, in consultation with the NABP, to develop a standard MOU for use by States in complying with the provisions concerning the interstate distribution of inordinate amounts of compounded drug products interstate and appropriate investigation by a State agency of complaints relating to drug products compounded in the State and distributed outside such State.

    The revised draft standard MOU contains the information collections that must be approved by OMB under the PRA. These information collections are described in this section of the document. For purposes of this analysis, FDA assumes that 45 States will sign the standard MOU with FDA.

    Under section III.a. of the revised draft standard MOU, the State will notify FDA by email at [email protected] as soon as possible, but no later than 3 business days, after receiving any complaint relating to a compounded drug product distributed outside the State involving a serious adverse drug experience or serious product quality issue. The notification will include the following information: (1) The name and contact information of the complainant; (2) the name and address of the pharmacy or physician that is the subject of the complaint; (3) a description of the complaint, including a description of any compounded drug product that is the subject of the complaint; and (4) the State's initial assessment of the validity of the complaint relating to a compounded drug product distributed outside the State, if available. In addition, the States will maintain records of the complaints they receive, the investigation of each complaint, and any response to or action taken as a result of a complaint, beginning when the State receives notice of the complaint. The States will maintain these records for at least 3 years, beginning on the date of final action or the date of a decision that the complaint requires no action.

    Based on our knowledge of State regulation of compounding practices and related complaints, we estimate that annually a total of approximately 45 States (“no. of respondents” in table 1, row 2) will notify FDA within 3 business days of receiving any complaint relating to a compounded drug product distributed outside the State involving a serious adverse drug experience or serious product quality issue. We estimate that each State will notify FDA annually of approximately 3 complaints it receives (“no. of responses per respondent” in table 1, row 2), for a total of 135 notifications of complaints sent to FDA (“total annual responses” in table 1, row 2). We estimate that preparing and submitting this information to us as described in the MOU will take approximately 0.5 hours per response (“average burden per response” in table 1, row 1), for a total of 67.5 hours (“total hours” in table 1, row 2).

    We also estimate that a total of approximately 45 States (“no. of recordkeepers” in table 2) will prepare and maintain records for 3 years of the complaints they receive, investigations of complaints, and any State action taken or response to complaints. We estimate that each State will receive approximately 3 complaints annually and will prepare and maintain approximately 5 records per each complaint the State receives, for a total of 15 records per State (“no. of records per recordkeeper” in table 2), and a total of 675 records annually across all States (“total annual records” in table 2). We further estimate that preparing and maintaining these records will take approximately 1 hour per record (“average burden per recordkeeping (in hours)” in table 2), for a total of 675 hours (“total hours” in table 2).

    Under section III.b of the revised draft standard MOU, on an annual basis (at minimum), the State will identify, using surveys, reviews of records during inspections, or other mechanisms available to the State, compounding pharmacies that distribute inordinate amounts of compounded drug products interstate by collecting information regarding the total number of prescription orders for compounded drug products distributed or dispensed intrastate and the total number of prescription orders for compounded drug products distributed interstate. Similarly, the State will engage in the same efforts to collect this information if it becomes aware of a physician who is distributing compounded drug products interstate. If a pharmacy or physician has been identified as distributing inordinate amounts of compounded drug products interstate, the State will also collect information regarding: (1) The total number of prescription orders for sterile compounded drug products distributed out of State; (2) the number of States in which the compounding pharmacy or physician is licensed or number of States into which the compounding pharmacy or physician distributes compounded drug products; and (3) whether the State inspected for and found during its most recent inspection that the compounding pharmacy or physician distributed compounded drug products without valid prescriptions for individually identified patients.

    The States will notify FDA by email at [email protected] within 30 days of identifying a pharmacy/physician within their jurisdiction that has distributed inordinate amounts of compounded drug products interstate, as described in the revised draft standard MOU. The notification should include the name and address of the pharmacy/physician and the information that the States collected, described in the previous paragraph.

    We estimate that annually a total of approximately 45 States (“no. of respondents” in table 1, row 3) will identify compounding pharmacies or physicians that distribute inordinate amounts of compounded drug products interstate. We estimate that each State will perform surveys or inspections of 150 pharmacies or physicians to identify this information (“no. of responses per respondent” in table 1, row 3). We estimate that this will take approximately 1 hour per response (“average burden per response” in table 1, row 3), for a total of 6,750 hours (“total hours” in table 1, row 3). We estimate that annually a total of 40 States (“no. of respondents” in table 1, row 4) will notify FDA of their finding that a pharmacy or physician has distributed inordinate amounts of compounded drug products interstate. We estimate that each State will notify FDA annually of approximately 50 findings it makes (“no. of responses per respondent” in table 1, row 4), for a total of 200 notifications (“total annual responses” in table 1, row 4). We estimate that preparing and submitting this information to FDA as described in the MOU will take approximately 0.5 hours per response (“average burden per response” in table 1, row 4), for a total of 100 hours (“total hours” in table 1, row 4).

    Under section V of the revised draft standard MOU, a State may designate a new liaison to the MOU by notifying FDA's administrative liaison in writing. If a State's liaison becomes unavailable to fulfill its functions under the MOU, the State will name a new liaison within 2 weeks and notify FDA.

    We estimate that annually a total of approximately 13 States (“no. of respondents” in table 1, row 5) will notify FDA of a new liaison to the MOU. We estimate that each State will submit to FDA annually approximately 1 notification of a new liaison (“no. of responses per respondent” in table 1, row 5), for a total of 13 notifications of a new liaison (“total annual responses” in table 1, row 5). We estimate that preparing and submitting each notification as described in the MOU will take approximately 0.2 hours per response (“average burden per response” in table 1, row 5), for a total of 2.6 hours (“total hours” in table 1, row 5).

    Under section VI of the revised draft standard MOU, a State may terminate its participation in the MOU by submitting to FDA a 30-day notice of termination.

    We estimate that annually a total of approximately 1 State (“no. of respondents” in table 1, row 6) will notify FDA that it intends to terminate its participation in the MOU. We estimate that this State will submit to FDA annually approximately 1 notification of termination (“no. of responses per respondent” in table 1, row 6), for a total of 1 notification (“total annual responses” in table 1, row 6). We estimate that preparing and submitting the notification as described in the MOU will take approximately 0.2 hours per notification (“average burden per response” in table 1, row 6), for a total of 0.2 hours (“total hours” in table 1, row 6).

    Under section VI of the revised draft standard MOU, if a State does not adhere to the provisions of the MOU, FDA may post a 30-day notice of termination on its website. As a result of this action by FDA, the State will notify all licensed pharmacists, pharmacies and physicians within the State of the termination and advise them that compounded drug products may be distributed (or caused to be distributed) out of the State only in quantities that do not exceed 5 percent of the total prescription orders dispensed or distributed by such pharmacy or physician.

    We estimate that annually a total of approximately 1 State (“no. of respondents” in table 3) will submit to the pharmacists, pharmacies, and physicians in its State 1 notification of termination as described in the MOU (“no. of disclosures per respondent” in table 3), for a total of 1 notification of termination (“total annual disclosures” in table 3). We estimate that preparing and submitting each notification will take approximately 1 hour per notification (“average burden per disclosure (in hours)” in table 3), for a total of 1 hour (“total hours” in table 3).

    FDA estimates the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 1 Compounding MOU between
  • FDA and States
  • Number of
  • respondents
  • Number of
  • responses per respondent
  • Total annual responses Average burden per response Total hours
    State notifies FDA of compounding complaints it receives 45 3 135 0.5 (30 minutes) 67.5 State identifies pharmacies or physicians that distribute inordinate amounts of compounded drugs interstate using surveys or inspections 45 150 6,750 1 6,750 State notifies FDA of the distribution of inordinate amounts of compounded drug products 40 50 200 0.5 (30 minutes) 100 State notifies FDA of a new liaison to the MOU 13 1 13 0.2 (12 minutes) 2.6 State notifies FDA of its intent to terminate participation in the MOU 1 1 1 0.2 (12 minutes) 0.2 Total 6,920.3 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    Table 2—Estimated Annual Recordkeeping Burden 1 Compounding MOU between FDA and States Number of recordkeepers Number of Records per recordkeeper Total annual records Average
  • burden per
  • recordkeeping
  • (in hours)
  • Total hours
    State recordkeeping for 3 years of compounding complaints 45 15 675 1 675 Total 675 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    Table 3—Estimated Annual Third-Party Disclosure Burden 1 Compounding MOU between FDA and States Number of
  • respondents
  • Number of disclosures per
  • respondent
  • Total annual disclosures Average
  • burden per
  • disclosure
  • (in hours)
  • Total hours
    State notification to pharmacists, pharmacies, and physicians that its participation in the MOU has been terminated by FDA 1 1 1 1 1 Total 1 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    III. Electronic Access

    Persons with access to the internet may obtain the draft MOU at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or https://www.regulations.gov.

    Dated: August 31, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-19461 Filed 9-7-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-3272] Identifying the Root Causes of Drug Shortages and Finding Enduring Solutions; Public Meeting; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public meeting; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA, the Agency, or we) is announcing a public meeting entitled “Identifying the Root Causes of Drug Shortages and Finding Enduring Solutions.” The purpose of the meeting is to give stakeholders, including health care providers, patients, manufacturers, wholesalers, pharmacists, pharmacy benefit managers, veterinarians, public and private insurers, academic researchers, and the public, the opportunity to provide input on the underlying systemic causes of drug shortages, and make recommendations for actions to prevent or mitigate drug shortages. Members of Congress have asked the Agency to examine the root causes and drivers of these shortages, and to recommend measures that will provide more enduring solutions. To this end, the Commissioner has convened an inter-Agency task force of senior Federal officials of FDA, the Centers for Medicare & Medicaid Services, the Department of Veterans Affairs, and the Department of Defense. After receiving input from stakeholders, the task force intends to provide a report to Congress regarding the root causes of drug shortages. The report will also include recommendations regarding new authorities FDA or other Federal agencies could use to help provide enduring solutions to shortages.

    DATES:

    The public meeting will be held on November 27, 2018, from 8:30 a.m. to 4:30 p.m. Submit either electronic or written comments on this public meeting by January 11, 2019. See the SUPPLEMENTARY INFORMATION section for registration date and information.

    ADDRESSES:

    The public meeting will be held at the Washington Marriott at Metro Center, 775 12th St. NW, Washington, DC 20005. The hotel's phone number is 202-737-2200.

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before January 11, 2019. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of January 11, 2019. 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.

    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): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Dockets Management Staff, 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-2018-N-3272 for “Identifying the Root Causes of Drug Shortages and Finding Enduring Solutions.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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 Dockets Management Staff. 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 Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Michie Hunt, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6153, Silver Spring, MD 20993, 301-796-3504.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Drug shortages are among the greatest challenges health care providers and patients face. These shortages can affect treatment options and require practitioners to make difficult decisions that can compromise care, such as rationing supplies or using less desirable, but more readily available, alternative therapies. FDA has acted within its statutory authority to prevent and mitigate drug shortages. By working with industry and other parties, the Agency has helped to steadily reduce the number of new shortages since a peak of 251 new shortages occurred in 2011, as detailed in the Agency's “Report on Drug Shortages for Calendar Year 2017,” which is available at https://www.fda.gov/downloads/Drugs/DrugSafety/DrugShortages/UCM610662.pdf.

    Despite this success in preventing or mitigating individual cases, more can and must be done to better understand and address the underlying systemic factors that are leading to shortages of medically necessary drugs. Members of Congress have asked the Agency to examine the root causes and drivers of these shortages, and to recommend measures that will provide more enduring solutions. To this end, the Commissioner has convened an inter-agency task force of senior federal officials of FDA, the Centers for Medicare & Medicaid Services, the Department of Veterans Affairs, and the Department of Defense. After receiving input from stakeholders, the task force intends to provide a report to Congress regarding the root causes of drug shortages. The report will also include recommendations regarding new authorities FDA or other federal agencies could use to help provide enduring solutions to shortages.

    II. Topics for Discussion at the Public Meeting

    We are soliciting input from stakeholders concerning the adverse consequences of drug shortages, the underlying systemic causes and drivers of these shortages, and the policies and strategies that may help to prevent or mitigate them. We welcome any relevant information that stakeholders wish to share, as all factors contributing to shortages are matters of concern. We are particularly interested in stakeholder input in the following areas:

    A. Assessing the Adverse Consequences of Drug Shortages to Patients, Health Care Providers, and the Drug Supply Chain

    1. Drug Shortages' Impact on Patients

    a. What clinical impacts have patients experienced: e.g., adverse events, treatment delays, accelerated disease progression, or worsened outcomes due to patients' to using less effective or less safe alternatives?

    b. What economic impacts have patients affected by drug shortages experienced?

    c. Do drug shortages affect patients disproportionately by geographic region, age, disease or condition, socioeconomic status, or other factors? Are there specific times of year or classes of drugs that see episodic, more frequent or more severe shortages? If so, why does this happen?

    2. Drug Shortages Impact on Health Care Providers

    a. What economic impacts (including increased inventory management costs, substitution of more expensive drugs for drugs in shortage, and increased liability from adverse events) have health care providers, including veterinarians, experienced because of drug shortages?

    b. Do the adverse consequences of shortages affect providers disproportionately by, for example, geographic region, clinical area, or other characteristics?

    3. Drug Shortages' Impact on the Supply Chain

    a. What economic effects have shortages had on key links in the drug supply chain: e.g., wholesalers, distributors, and pharmacies?

    b. Have certain links in the supply chain been disproportionately affected by shortages? If so, which ones?

    4. Do available data accurately capture the differences among shortages (e.g., their severity and duration) that may affect their clinical and economic adverse consequences? If not, what additional data would be needed to better capture these differences?

    B. Identifying the Root Causes and Drivers of Drug Shortages

    1. What factors affect the likelihood, severity, and duration of shortages? Are these factors mostly related to raw materials, management, and resilience of production facilities, or other factors such as contracting or market structure? Do they differ for various drugs?

    2. What government policies and regulations may contribute to drug shortages, and how could these be modified to prevent or limit impacts of drug shortages?

    3. How do manufacturers contribute to drug availability or shortages, including responses to shortages?

    a. What factors do generic and brand manufacturers consider when making decisions about whether to seek approval for certain drugs, to produce and market a drug for which they already hold an approved new drug application or abbreviated new drug application, or to discontinue marketing a drug? How do those decisions contribute (directly or indirectly) to shortages?

    b. How do manufacturers monitor for situations that may result in a drug shortage? Are there certain indicators that are monitored? If so, are the potential triggers the same for all drugs, for example brand and generic sterile injectable drugs?

    c. When manufacturers recognize a potential shortage, what options do they have for averting one? How easy or difficult is it to implement these options, and how costly is it to implement them? What is the impact of government policy or regulation on these options?

    d. What factors play a role in manufacturers' decisions to make capital investments to expand capacity or to modernize infrastructure?

    e. When manufacturers are remediating or upgrading a facility, how can shortages related to production slowdowns and shutdowns be avoided?

    4. Drug supply is controlled through contracts among manufacturers, distributors, and end users. What features of contracts used throughout the supply chain contribute to drug availability and shortages, including responses to shortages?

    a. What is the effect of duration and scope (how many and what types of drug products are covered by each contract, and whether non-drug products are bundled into the contract), on drug availability or shortage?

    b. How commonly do these contracts include incentives such as contingency clauses, performance requirements, failure-to-supply clauses, or restrictions on limiting downstream price increases? How large are these incentives currently? Are there institutional or informational impediments limiting greater use of such incentives or performance clauses?

    c. What are the implications of markups on inventory management throughout the supply chain? How might these markups contribute to shortages, and to response to shortages?

    d. How have the characteristics of contracts, and markups at different points in the supply chain, changed over the past 15 years?

    e. What are the implications of these contracting provisions and their changes for the probability, severity, and duration of drug shortages?

    f. How much competition exists throughout the supply chain? Over the past 15 years, have there been challenges to competition and if so, what factors are responsible for these challenges? For example, has consolidation in different parts of the supply chain created market barriers to entry and reduced competition? If so, what effect has the reduction in competition had on drug shortages?

    C. Identifying Strategies for Preventing or Mitigating Drug Shortages

    1. What policies could the Federal Government adopt, and what strategies could it implement, that would reduce the likelihood, severity, and duration of shortages? Would additional authorities be necessary or helpful? For example:

    a. Establish a list of “essential medicines” for use in preventing and mitigating shortages. If such a list were established, what should be the criteria for inclusion? And how should such a list be maintained and administered?

    b. Provide financial incentives, such as tax credits or revised reimbursement policies: e.g., to allow additional payments for drugs in or at risk of shortage or to encourage investment to expand manufacturing capacity or to modernize aging infrastructure, to enhance process capability and variability control, or to prevent manufacturing problems that affect product availability;

    c. Allow other entities (e.g., contract manufacturers) to fill gaps in supply;

    d. Require risk management plans to help manufacturers prepare to respond efficiently and effectively to potential shortages;

    e. Require the extension of expiration dates for drugs in shortage or at risk of shortage, where scientifically justified;

    f. Revise trade policies and authorities: e.g., to allow federal purchasers to buy imported drugs or raw materials to prevent or mitigate a shortage;

    g. Heighten scrutiny of proposed mergers and acquisitions that increase market concentration or the likelihood of shortages;

    h. Revise payment policies and authorities: e.g., that would be coupled with a requirement to establish contingency plans for supplying medicines that go into shortage; and

    i. Federal investment in production capacity for essential medicines directly related to national security, emergency preparedness, and defense.

    2. In designing new policies to prevent or mitigate shortages, how can the Federal Government avoid creating perverse incentives or negative cascading effects in the health care financing and delivery system? For example, how might changes to government payment and reimbursement affect the other sectors of the market?

    3. Are there lessons for the Federal Government, or practices that it can emulate, from strategies used to prevent or mitigate shortages in other commodity markets that face shortage issues?

    4. What challenges does the global nature of drug manufacturing and marketing pose for efforts to prevent shortages in the U.S. market?

    5. As drug shortages are a national problem, what are the sources of funding that can be applied to provide incentives to remedy the root causes?

    III. Participating in the Public Meeting

    Registration: To register for the public meeting, please visit the following website: https://healthpolicy.duke.edu/events/drug-shortage-task-force. Please provide complete contact information for each attendee, including name, title, affiliation, address, email, and telephone. Registration is free and based on space availability, with priority given to early registrants. Persons interested in attending this public meeting must register by Wednesday, November 21, 2018, midnight Eastern Time. There will be no onsite registration. Early registration is recommended because seating is limited; therefore, FDA may limit the number of participants from each organization. Registrants will receive confirmation when they have been accepted. If you are unable to attend the meeting in person, you can register to view a live webcast of the meeting. The Duke-Margolis Center for Health Policy will post on its website if registration closes before the day of the public meeting.

    If you need special accommodations due to a disability, please contact Sarah Supsiri at the Duke-Margolis Center for Health Policy (phone: 202-791-9561, email: [email protected]) no later than November 20, 2018.

    Streaming webcast of the public workshop: This public workshop will be webcast live. Persons interested in viewing the live webcast may register ahead of the event by visiting https://healthpolicy.duke.edu/events/drug-shortage-task-force. The live webcast will also be available at the website above on the day of the event without pre-registration. Archived video footage will be available at the Duke-Margolis website following the workshop.

    Transcripts: Please be advised that as soon as a transcript of the public meeting is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff (see ADDRESSES). A link to the transcript will also be available on the internet at https://www.fda.gov/Drugs/DrugSafety/DrugShortages/default.htm.

    Other Issues for Consideration: A 1-hour lunch break is scheduled, but food will not be provided. There are multiple restaurants within walking distance of the Washington Marriott at Metro Center, 775 12th St. NW, Washington, DC 20005.

    All event materials will be provided to registered attendees via email prior to the workshop and will be publicly available at the Duke-Margolis Center for Health Policy website at https://healthpolicy.duke.edu/events/drug-shortage-task-force.

    Dated: September 5, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-19612 Filed 9-7-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, 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: Vascular and Hematology Integrated Review Group; Hypertension and Microcirculation Study Section.

    Date: October 2-3, 2018.

    Time: 8:00 a.m. to 7:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW, Washington, DC 20015.

    Contact Person: Ai-Ping Zou, M.D., Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4118, MSC 7814, Bethesda, MD 20892, 301-408-9497, [email protected]

    Name of Committee: Integrative, Functional and Cognitive Neuroscience Integrated Review Group; Mechanisms of Sensory, Perceptual, and Cognitive Processes Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Melrose Hotel, 2430 Pennsylvania Ave. NW, Washington, DC 20037.

    Contact Person: Kirk Thompson, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5184, MSC 7844, Bethesda, MD 20892, 301-435-1242, [email protected]

    Name of Committee: Interdisciplinary Molecular Sciences and Training Integrated Review Group; Enabling Bioanalytical and Imaging Technologies Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Crystal City Marriott, 1999 Jefferson Davis Highway, Arlington, VA 22202.

    Contact Person: Kenneth Ryan, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3218, MSC 7717, Bethesda, MD 20892, 301-435-0229, [email protected]

    Name of Committee: Risk, Prevention and Health Behavior Integrated Review Group; Interventions to Prevent and Treat Addictions Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Palomar Hotel, 2121 P Street NW, Washington, DC 20037.

    Contact Person: Miriam Mintzer, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3108, Bethesda, MD 20892, (301) 523-0646, [email protected]

    Name of Committee: Cell Biology Integrated Review Group; Biology of the Visual System Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Michael H Chaitin, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5202, MSC 7850, Bethesda, MD 20892, (301) 435-0910, [email protected]

    Name of Committee: Surgical Sciences, Biomedical Imaging and Bioengineering Integrated Review Group; Bioengineering, Technology and Surgical Sciences Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Washington/Rockville, 1750 Rockville Pike, Rockville, MD 20852.

    Contact Person: Khalid Masood, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5120, MSC 7854, Bethesda, MD 20892, 301-435-2392, [email protected]

    Name of Committee: Emerging Technologies and Training Neurosciences Integrated Review Group; Neuroscience and Ophthalmic Imaging Technologies Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Renaissance Washington DC Downtown Hotel, 999 9th St. NW, Washington, DC 20001.

    Contact Person: Yvonne Bennett, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5199, MSC 7846, Bethesda, MD 20892, 301-379-3793, [email protected]

    Name of Committee: Molecular, Cellular and Developmental Neuroscience Integrated Review Group; Cellular and Molecular Biology of Glia Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: St. Gregory Hotel, 2033 M Street NW, Washington, DC 20036.

    Contact Person: Linda MacArthur, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4187, Bethesda, MD 20892, 301-537-9986, [email protected]

    Name of Committee: Immunology Integrated Review Group; Cellular and Molecular Immunology—B Study Section.

    Date: October 4-5, 2018.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Wyndham Grand Chicago Riverfront, 71 E Wacker Dr., Chicago, IL 60601.

    Contact Person: Betty Hayden, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4206, MSC 7812, Bethesda, MD 20892, 301-435-1223, [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: September 4, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-19484 Filed 9-7-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, 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 on Aging Special Emphasis Panel; Developing Infrastructure for Interdisciplinary Aging Research.

    Date: September 24, 2018.

    Time: 10:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Aging, Gateway Building, Suite 2W-200, 7201 Wisconsin Avenue, Bethesda, MD 20892.

    Contact Person: Anita H. Undale, Ph.D., MD, Scientific Review Branch, National Institute on Aging, Gateway Building, Suite 2W200, 7201 Wisconsin Avenue, Bethesda, MD 20892, 240-747-7825, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: September 4, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-19481 Filed 9-7-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of the Director, National Institutes of Health; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the Advisory Committee to the Deputy Director for Intramural Research, National Institutes of Health.

    The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    Name of Committee: Advisory Committee to the Deputy Director for Intramural Research, National Institutes of Health.

    Date: September 28, 2018.

    Time: 1:00 p.m. to 1:45 p.m.

    Agenda: To discuss the Advisory Committee to the Deputy Director for Intramural Research (AC DDIR) Site Visit Review of the Intramural Research Program Trans NIH Recruitment and Innovation Programs held on September 24, 2018.

    Place: National Institutes of Health Teleconference, Conference Line: 888-233-9215, Participant Passcode: 34559, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Michael M. Gottesman, M.D., Deputy Director for Intramural Research, Office of the Director, National Institutes of Health, Building 1, Room 160, Bethesda, MD 20892.

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.14, Intramural Research Training Award; 93.22, Clinical Research Loan Repayment Program for Individuals from Disadvantaged Backgrounds; 93.232, Loan Repayment Program for Research Generally; 93.39, Academic Research Enhancement Award; 93.936, NIH Acquired Immunodeficiency Syndrome Research Loan Repayment Program; 93.187, Undergraduate Scholarship Program for Individuals from Disadvantaged Backgrounds, National Institutes of Health, HHS)
    Dated: August 31, 2018. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-19482 Filed 9-7-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, 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: Healthcare Delivery and Methodologies Integrated Review Group; Health Services Organization and Delivery Study Section.

    Date: September 24-25, 2018.

    Time: 8:30 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Wyndham Grand Chicago Riverfront, 71 East Wacker Drive, Chicago, IL 60601.

    Contact Person: Jacinta Bronte-Tinkew, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3164, MSC 7770, Bethesda, MD 20892, (301) 806-0009, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Development of Appropriate Pediatric Formulations and Pediatric Drug Delivery Systems.

    Date: October 5, 2018.

    Time: 2:00 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: Paek-Gyu Lee, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4201, MSC 7812, Bethesda, MD 20892, (301) 613-2064, [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: August 31, 2018. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-19485 Filed 9-7-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR-17-240: Innovative Research in Cancer Nanotechnology (IRCN) (R01).

    Date: September 27, 2018.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Raj K Krishnaraju, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6190, Bethesda, MD 20892, 301-435-1047, [email protected].

    Name of Committee: Emerging Technologies and Training Neurosciences Integrated Review Group; Molecular Neurogenetics Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites DC Convention Center, 900 10th Street NW, Washington, DC 20001.

    Contact Person: Mary G Schueler, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5214, MSC 7846, Bethesda, MD 20892, 301-915-6301, [email protected].

    Name of Committee: Oncology 2—Translational Clinical Integrated Review Group; Developmental Therapeutics Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Lorien Hotel & Spa, 1600 King Street, Alexandria, VA 22314.

    Contact Person: Sharon K Gubanich, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6214, MSC 7804, Bethesda, MD 20892, (301) 408-9512, [email protected].

    Name of Committee: Biological Chemistry and Macromolecular Biophysics Integrated Review Group; Macromolecular Structure and Function C Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 8:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Beacon Hotel and Corporate Quarters, 1615 Rhode Island Avenue NW, Washington, DC 20036.

    Contact Person: William A. Greenberg, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4168, MSC 7806, Bethesda, MD 20892, (301) 435-1726, [email protected].

    Name of Committee: Population Sciences and Epidemiology Integrated Review Group; Biostatistical Methods and Research Design Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Washington Plaza Hotel, 10 Thomas Circle NW, Washington, DC 20005.

    Contact Person: Karen Nieves Lugo, Ph.D.; Scientific Review Officer, Center for Scientific Review, National Institutes of Health, Bethesda, MD 20892, [email protected].

    Name of Committee: Bioengineering Sciences & Technologies Integrated Review Group; Biomaterials and Biointerfaces Study Section.

    Date: October 4-5, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Admiral Fell Inn, 888 South Broadway, Baltimore, MD 21231.

    Contact Person: Joseph D Mosca, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5158, MSC 7808, Bethesda, MD 20892, (301) 408-9465, [email protected].

    Name of Committee: Biological Chemistry and Macromolecular Biophysics Integrated Review Group; Macromolecular Structure and Function A Study Section.

    Date: October 4, 2018.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The Darcy Hotel, 1515 Rhode Island Avenue NW, Washington, DC 20005.

    Contact Person: David R Jollie, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4166, MSC 7806, Bethesda, MD 20892, (301) 408-9072, [email protected].

    Name of Committee: Risk, Prevention and Health Behavior Integrated Review Group; Social Psychology, Personality and Interpersonal Processes Study Section.

    Date: October 4-5, 2018,

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The Dupont Hotel, 1500 New Hampshire Avenue NW, Washington, DC 20036.

    Contact Person: Marc Boulay, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3110, MSC 7808, Bethesda, MD 20892, (301) 300-6541, [email protected].

    Name of Committee: Immunology Integrated Review Group; Cellular and Molecular Immunology—A Study Section.

    Date: October 4-5, 2018.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Washington Plaza Hotel, 10 Thomas Circle NW, Washington, DC 20005.

    Contact Person: David B Winter, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4204, MSC 7812, Bethesda, MD 20892, 301-435-1152, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR-16-228: Metabolic Reprograming to Improve Immunotherapy.

    Date: October 4, 2018.

    Time: 11:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Syed M Quadri, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6210, MSC 7804, Bethesda, MD 20892, 301-435-1211, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Metabolic Reprograming to Improve Immunotherapy.

    Date: October 4, 2018.

    Time: 11:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Malaya Chatterjee, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6192, MSC 7804, Bethesda, MD 20892, (301) 806-2515, [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: September 4, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-19483 Filed 9-7-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-0279] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0044 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an extension of its approval for the following collection of information: 1625-0044, Outer Continental Shelf Activities—Title 33 CFR Subchapter N; without change. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before November 9, 2018.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2018-0279] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public participation and request for comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    A copy of the ICR is available through the docket on the internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION:

    Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise this ICR or decide not to seek an extension of approval for the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2018-0279], and must be received by November 9, 2018.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

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

    Information Collection Request

    Title: Outer Continental Shelf Activities—Title 33 CFR Subchapter N.

    OMB Control Number: 1625-0044.

    Summary: The Outer Continental Shelf Lands Act, as amended, authorizes the Coast Guard to promulgate and enforce regulations promoting the safety of life and property on OCS facilities. These regulations are located in 33 CFR chapter I subchapter N.

    Need: The information is needed to ensure compliance with the safety regulations related to OCS activities. The regulations contain reporting and recordkeeping requirements for annual inspections of fixed OCS facilities, employee citizenship records, station bills, and emergency evacuation plans.

    Forms: CG-5432, Fixed OCS Facility Inspection Report.

    Respondents: Operations of facilities and vessels engaged in activities on the OCS.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden has increased from 8,441 hours to 9,582 hours a year due to an increase in the estimated annual number of responses.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: May 15, 2018. James D. Roppel, U.S. Coast Guard, Acting Chief, Office of Information Management. Editorial note:

    This document was received for publication by the Office of the Federal Register on September 5, 2018.

    [FR Doc. 2018-19512 Filed 9-7-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-0792] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0035 Correction

    In notice document 2018-19326 appearing on pages 45267-45268 in the issue of September 6, 2018, make the following correction:

    On page 45267, in the first column, the subject heading is corrected to read as set forth above.

    [FR Doc. C1-2018-19326 Filed 9-7-18; 8:45 am] BILLING CODE 1301-00-D
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Intertek USA, Inc. (Gonzalez, LA) as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Intertek USA, Inc. (Gonzalez, LA), as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc. (Gonzalez, LA), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of May 25, 2017.

    DATES:

    Intertek USA, Inc. (Gonzalez, LA) was approved and accredited as a commercial gauger and laboratory as of May 25, 2017. The next triennial inspection date will be scheduled for May 2020.

    FOR FURTHER INFORMATION CONTACT:

    Christopher J. Mocella, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Intertek USA, Inc., 2632 Ruby Ave., Gonzalez, LA 70737, has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Intertek USA, Inc. (Gonzalez, LA), is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API chapters Title 3 Tank Gauging. 7 Temperature Determination. 8 Sampling. 12 Calculations. 17 Maritime Measurement.

    Intertek USA, Inc. (Gonzalez, LA), is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-03 D4006 Standard Test Method for Water in Crude Oil by Distillation. 27-04 D95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27-05 D4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27-06 D473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-08 D86 Standard Test Method for Distillation of Petroleum Products. 27-11 D445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids. 27-13 D4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluorescence Spectrometry. 27-46 D5002 Standard Test Method for Density and Relative Density of Crude Oils by Digital Density Analyzer. 27-48 D4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-50 D93 Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27-54 D1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method. 27-58 D5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected]. Please reference the website listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: August 29, 2018. Dave Fluty, Executive Director, Laboratories and Scientific Services.
    [FR Doc. 2018-19613 Filed 9-7-18; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Inspectorate America Corporation (Savannah, GA), as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Inspectorate America Corporation (Savannah, GA), as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation (Savannah, GA), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of October 11, 2017.

    DATES:

    Inspectorate America Corporation (Savannah, GA) was accredited and approved, as a commercial gauger and laboratory as of October 11, 2017. The next triennial inspection date will be scheduled for October 2020.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Justin Shey, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Inspectorate America Corporation, 151 E Lathrop Ave., Savannah, GA 31415 has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Inspectorate America Corporation is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API chapters Title 3 Tank Gauging. 7 Temperature Determination. 8 Sampling. 11 Physical Properties Data. 12 Calculations. 17 Marine Measurement.

    Inspectorate America Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-03 D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27-04 D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27-06 D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-08 D 86 Standard Test Method for Distillation of Petroleum Products. 27-11 D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity). 27-13 D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry. 27-48 D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-54 D 1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method. 27-58 D 5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the website listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: August 29, 2018. Dave Fluty, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2018-19615 Filed 9-7-18; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Bennett Testing Service, Inc. (Rahway, NJ), as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Bennett Testing Service, Inc. (Rahway, NJ), as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Bennett Testing Service, Inc. (Rahway, NJ), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of May 22, 2018.

    DATES:

    Bennett Testing Service, Inc. (Rahway, NJ) was accredited and approved, as a commercial gauger and laboratory as of May 22, 2018. The next triennial inspection date will be scheduled for May 2021.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Justin Shey, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Bennett Testing Service, Inc., 1045 E Hazelwood Ave., Rahway, NJ 07065 has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Bennett Testing Service, Inc. is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API chapters Title 1 Vocabulary. 3 Tank Gauging. 7 Temperature Determination. 8 Sampling. 12 Calculations. 17 Marine Measurement.

    Bennett Testing Service, Inc. is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-48 D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter.

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the website listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories

    Dated: August 29, 2018. Dave Fluty, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2018-19611 Filed 9-7-18; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [Docket No. USCBP-2018-0034] Commercial Customs Operations Advisory Committee (COAC) AGENCY:

    U.S. Customs and Border Protection (CBP), Department of Homeland Security (DHS).

    ACTION:

    Committee management; Notice of Federal Advisory Committee meeting.

    SUMMARY:

    The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, October 3, 2018 in Washington, DC. The meeting will be open to the public.

    DATES:

    The COAC will meet on Wednesday, October 3, 2018 from 1:00 p.m. to 5:00 p.m. EDT. Please note that the meeting may close early if the committee has completed its business.

    ADDRESSES:

    The meeting will be held at the Dirksen Senate Office Building, 50 Constitution Avenue NE, Room SD-G50, Washington, DC 20002. For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Ms. Florence Constant-Gibson, Office of Trade Relations, U.S. Customs & Border Protection, at (202) 344-1440 as soon as possible.

    Pre-Registration: Meeting participants may attend either in person or via webinar after pre-registering using one of the methods indicated below:

    For members of the public who plan to attend the meeting in person, please register by 5:00 p.m. EDT October 2, 2018 either online at https://teregistration.cbp.gov/index.asp?w=140; by email to [email protected]; or by fax to (202) 325-4290. You must register prior to the meeting in order to attend the meeting in person.

    For members of the public who plan to participate via webinar, please register online at https://teregistration.cbp.gov/index.asp?w=139 by 5:00 p.m. EDT on October 2, 2018.

    Please feel free to share this information with other interested members of your organization or association.

    Members of the public who are pre-registered to attend via webinar and later need to cancel, please do so by October 2, 2018 utilizing the following links: https://teregistration.cbp.gov/cancel.asp?w=139 to cancel an in person registration or https://teregistration.cbp.gov/cancel.asp?w=140 to cancel a webinar registration.

    To facilitate public participation, we are inviting public comment on the issues the committee will consider prior to the formulation of recommendations as listed in the Agenda section below.

    Comments must be submitted in writing no later than October 2, 2018, and must be identified by Docket No. USCBP-2018-0034, and may be submitted by one (1) 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.

    Fax: (202) 325-4290, Attention: Florence Constant-Gibson.

    Mail: Ms. Florence Constant-Gibson, Office of Trade Relations, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Room 3.5A, Washington, DC 20229.

    Instructions: All submissions received must include the words “Department of Homeland Security” and the docket number (USCBP-2018-0034) for this action. Comments received will be posted without alteration at http://www.regulations.gov. Please do not submit personal information to this docket.

    Docket: For access to the docket or to read background documents or comments, go to http://www.regulations.gov and search for Docket Number USCBP-2018-0034. To submit a comment, click the “Comment Now!” button located on the top-right hand side of the docket page.

    There will be multiple public comment periods held during the meeting on October 3, 2018. Speakers are requested to limit their comments to two (2) minutes or less to facilitate greater participation. Contact the individual listed below to register as a speaker. Please note that the public comment period for speakers may end before the time indicated on the schedule that is posted on the CBP web page, http://www.cbp.gov/trade/stakeholder-engagement/coac.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Florence Constant-Gibson, Office of Trade Relations, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Room 3.5A, Washington, DC 20229; telephone (202) 344-1440; facsimile (202) 325-4290; or Mr. Bradley Hayes, Executive Director and Designated Federal Officer at (202) 344-1440.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. Appendix. The Commercial Customs Operations Advisory Committee (COAC) provides advice to the Secretary of Homeland Security, the Secretary of the Treasury, and the Commissioner of U.S. Customs and Border Protection (CBP) on matters pertaining to the commercial operations of CBP and related functions within the Department of Homeland Security and the Department of the Treasury.

    Agenda

    The Designated Federal Officer will announce how the COAC subcommittees will be re-organized to align with CBP's trade strategic priorities and outline how the current and future COAC activities will be structured within each subcommittee. The COAC will hear from the current subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed:

    1. The Trusted Trader Subcommittee will present an update on CTPAT Minimum Security Criteria work and its socialization period. The subcommittee will also provide an update on the Forced Labor Strategy for CTPAT Trade Compliance and the CBP lead will report on the progress of the Trusted Trader Pilot.

    2. The Trade Enforcement & Revenue Collection (TERC) Subcommittee will provide necessary updates from the Anti-Dumping and Countervailing Duty, Bond, Forced Labor and Intellectual Property Rights Working Groups.

    3. The COAC Trade Modernization Subcommittee will discuss the E-Commerce Working Group's progress in addressing CBP's strategic plan regarding e-commerce threats and opportunities to both the government and trade and in light of the World Customs Organization's global framework. The Regulatory Reform Working Group will provide an overview of work accomplished in reviewing the regulations contained in Title 19 of the Code of Federal Regulations to reduce regulatory burdens and costs. The Foreign Trade Zone Working Group will present recommendations regarding the updating of 19 CFR part 146, the Foreign Trade Zone Regulations. They will also discuss a proposed revision to 19 CFR part 146 that began in 2015 and was referred to the working group for further input.

    4. The Global Supply Chain Subcommittee will provide a status update on the following work group activities: Piloting the use of the Automated Commercial Environment (ACE) to electronically report and manage petroleum moving in-bond via pipeline; the Emerging Technologies Working Group's work on NAFTA/CAFTA and the Intellectual Property Rights Blockchain Proof of Concept projects; and the In-bond Working Group's review of the draft Automated In-Bond Business Process document; as well as potential automation, visibility, system issues and policy/regulatory updates.

    Meeting materials will be available by October 1, 2018 at: http://www.cbp.gov/trade/stakeholder-engagement/coac/coac-public-meetings.

    Dated: September 5, 2018. Bradley F. Hayes, Executive Director, Office of Trade Relations.
    [FR Doc. 2018-19614 Filed 9-7-18; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-6127-N-01] Agenda and Notice of Public Meeting of the Moving To Work Research Advisory Committee AGENCY:

    Office of the Assistant Secretary for Public and Indian Housing, and Office of the Assistant Secretary for Policy Development and Research, HUD.

    ACTION:

    Notice of a federal advisory committee meeting.

    SUMMARY:

    This notice sets forth the schedule and proposed agenda for a meeting of the Moving to Work (MTW) Research Advisory Committee (Committee). The Committee meeting will be held via conference call on Wednesday, October 10, 2018. The meeting is open to the public and is accessible to individuals with disabilities.

    DATES:

    The teleconference meeting will be held on October 10, 2018 from 1:00 p.m. to 3:30 p.m. Eastern Standard Time (EST).

    FOR FURTHER INFORMATION CONTACT:

    Eva Fontheim, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW, Room 5143, Washington, DC 20410, telephone (202) 402-3461 (this is not a toll-free number). Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Relay Service at (800) 877-8339 or can email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is provided in accordance with the Federal Advisory Committee Act, 5. U.S.C. App. 10(a)(2). The Committee was established on May 2, 2016 to advise HUD on specific policy proposals and methods of research and evaluation related to the expansion of the MTW demonstration to an additional 100 Public Housing Authorities (PHAs), see Federal Register, 81 FR 24630. HUD has previously convened two conference call meetings of the Committee on July 26 and 28, 2016, a two-day in-person meeting on September 1 and 2, 2016, and follow-up conference call meetings on December 13, 2016 and January 25, 2018. The minutes of these meetings are available on the HUD website at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs/ph/mtw/expansion.

    HUD is now convening a conference call to explore the evaluation of work requirements under the Third Cohort policy. HUD will convene the meeting on Wednesday, October 10, 2018 via teleconference from 1 p.m. to 3:30 p.m. (EST). The agenda for the meeting is as follows:

    Wednesday, October 2018, From 1-3:30 p.m. EST I. Welcome and Introductions II. Summary of 2016-2018 Meetings a. Revisit Guiding Principles b. Confirm Committee Recommendations III. Goal for this Meeting a. Discuss and provide recommendations on Third Cohort: Work Requirements for Public Housing and Section 8 Housing Choice Voucher residents (including research design, random assignment, and specific policies). IV. BREAK V. Policy Framework and Research Methodology—MTW Statutory Objective #2: Give Incentives to Families with Children Whose Heads of Household are Either Working, Seeking Work, or Participating in Job Training, Educational, or Other Programs that Assist in Obtaining Employment and Becoming Economically Self-Sufficient. a. Third Cohort: Work Requirements for Public Housing and Section 8 Housing Choice Voucher residents—Select research design, random assignment, and specific policies. VI. Update on the MTW Expansion VII. Public Input VIII. Summary of Discussion IX. Discuss Next Steps and Adjourn

    The public is invited to call in to the meeting by using the following Conference Toll-Free Number in the United States: 1-800-230-1059 or the following International number for those outside the United States: (612) 234-9959. Please be advised that the operator will ask callers to provide their names and their organizational affiliations (if any) prior to placing callers into the conference line. Callers can expect to incur charges for calls they initiate over wireless lines and for international calls, and HUD will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free phone number. Persons with hearing impairments may also follow the discussion by first calling the Federal Relay Service (FRS) at 1-800-877-8339 and providing the FRS operator with the Conference Call Toll-Free Number: 1-800-230-1059.

    Members of the public will have an opportunity to provide feedback during the call. The total amount of time for such feedback will be limited to ensure pertinent Committee business is completed. Further, the amount of time allotted to each individual commenter will be limited and will be allocated on a first-come first-served basis by HUD. If the number of comments exceeds the available time, HUD may ask for the submission of comments via email.

    Records and documents discussed during the meeting, as well as other information about the work of this Committee, will be available for public viewing as they become available at: http://www.facadatabase.gov/committee/committee.aspx?t=c&cid=2570&aid=77 by clicking on the “Committee Meetings” link.

    These materials will also be available on the MTW Demonstration's expansion web page at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs/ph/mtw/expansion. Records generated from this meeting may also be inspected and reproduced at the Department of Housing and Urban Development Headquarters in Washington, DC as they become available, both before and after the meeting.

    Outside of the work of this Committee, information about HUD's broader implementation of the MTW expansion, as well as additional opportunities for public input, can be found on the MTW Demonstration's expansion web page at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs/ph/mtw/expansion.

    Dated: September 5, 2018. Dominique Blom, General Deputy Assistant Secretary for Public and Indian Housing. Todd Richardson, Acting General Deputy Assistant Secretary for Policy Development and Research.
    [FR Doc. 2018-19646 Filed 9-7-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWPO350000 L1440000 PN0000; OMB Control Number 1004-0012] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Application for Land for Recreation or Public Purposes AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew and information collection.

    DATES:

    Interested persons are invited to submit comments on or before October 10, 2018.

    ADDRESSES:

    Send written comments on this information collection request (ICR) to the Office of Management and Budget's Desk Officer for the Department of the Interior by email at [email protected]; or via facsimile to (202) 395-5806. Please provide a copy of your comments to the BLM at U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Washington, DC 20240, Attention: Jean Sonneman; or by email to [email protected] Please reference OMB Control Number 1004-0012 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Ed Ruda by email at [email protected], or by telephone at (202) 912-7338. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, the BLM provides the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. A Federal Register notice with a 60-day public comment period soliciting comments on this collection of information was published on April 11, 2018 (83 FR 15600). No comments were received.

    We are again soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BLM; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BLM enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BLM minimize the burden of this collection on the respondents, including through the use of information technology.

    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 us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The Bureau of Land Management (BLM) uses the information collection to decide whether or not to lease or sell certain public lands to applicants under the Recreation and Public Purposes Act, 43 U.S.C. 869 to 869-4.

    Title of Collection: Application for Land for Recreation or Public Purposes.

    OMB Control Number: 1004-0012.

    Form Number: 2740-1.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: State, Territory, county, and local governments; nonprofit corporations; and nonprofit associations.

    Total Estimated Number of Annual Respondents: 23.

    Total Estimated Number of Annual Responses: 23.

    Estimated Completion Time per Response: 40 hours.

    Total Estimated Number of Annual Burden Hours: 920.

    Respondent's Obligation: Required to Obtain or Retain a Benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Nonhour Burden Cost: $2,300.

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

    Jean Sonneman, Bureau of Land Management, Information Collection Clearance Officer.
    [FR Doc. 2018-19464 Filed 9-7-18; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO35000.L14400000.PN0000; OMB Control Number 1004-0029] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Color-of-Title Application AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew an information collection.

    DATES:

    Interested persons are invited to submit comments on or before October 10, 2018.

    ADDRESSES:

    Send written comments on this information collection request (ICR) to the Office of Management and Budget's Desk Officer for the Department of the Interior by email at [email protected]; or via facsimile to (202) 395-5806. Please provide a copy of your comments to the BLM at U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Washington, DC 20240, Attention: Jean Sonneman; or by email to [email protected] Please reference OMB Control Number 1004-0029 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact: Pamela Ridley at 202-853-0522. Persons who use a telecommunication device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or a question with the above individual. You will receive a reply during normal business hours. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, the BLM provides the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. A Federal Register notice soliciting comments on this collection of information was published on April 11, 2018 (83 FR 15598), and the comment period ended June 11, 2018. No comments were received.

    We are again soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BLM; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BLM enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BLM minimize the burden of this collection on the respondents, including through the use of information technology.

    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 us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The Color-of-Title Act (43 U.S.C. 1068, 1068a, and 1068b) provides for the issuance of a land patent to a tract of public land of up to 160 acres, where the claimant shows peaceful, adverse possession of the tract in good faith for more than 20 years, as well as sufficient improvement or cultivation of the land. The information covered in this submission enables the BLM to determine whether, or not such a claimant has made a showing that is sufficient under the pertinent statutory and regulatory criteria.

    Title of Collection: Color-of-Title Application.

    OMB Control Number: 1004-0029.

    Form Numbers: 2540-1, 2540-2, and 2540-3.

    Type of Review: Extension without change of a currently approved collection.

    Respondents/Affected Public: Individuals, groups, or corporations that wish to claim title to a tract of public land on grounds that such land has been held in good faith and in peaceful, adverse possession under claim or color of title, and have placed valuable improvements on such land or some part thereof has been reduced to cultivation for an amount of time sufficient under the Color-of-Title Act, 43 U.S.C. 1068, et seq.

    Total Estimated Number of Annual Respondents: 8.

    Total Estimated Number of Annual Responses: 8.

    Estimated Completion Time per Response: 3 hours.

    Total Estimated Number of Annual Burden Hours: 24.

    Respondent's Obligation: Required to Obtain or Retain a Benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Nonhour Burden Cost: $80.

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

    Jean Sonneman, Bureau of Land Management, Information Collection Clearance Officer.
    [FR Doc. 2018-19463 Filed 9-7-18; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-12244, AA-12245, AA-12246, AA-12248, AA-12256, AA-12257, AA-12258, AA-12259, AA-12271, AA-12272, AA-12273, AA-12274; 18X.LLAK944000.L14100000.HY0000.P] Alaska Native Claims Selection AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of decision approving lands for conveyance.

    SUMMARY:

    The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface estate in certain lands to The Aleut Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971, as amended (ANCSA). Ownership of the subsurface estate will be retained by the United States.

    DATES:

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the time limits set out in the SUPPLEMENTARY INFORMATION section.

    ADDRESSES:

    You may obtain a copy of the decision from the BLM, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, AK 99513-7504.

    FOR FURTHER INFORMATION CONTACT:

    Christy Favorite, BLM Alaska State Office, 907-271-5995 or [email protected] The BLM Alaska State Office may also be contacted via a Telecommunications Device for the Deaf (TDD) through the Federal Relay Service (FRS) at 1-800-877-8339. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the BLM. The BLM will reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    As required by 43 CFR 2650.7(d), notice is hereby given that the BLM will issue an appealable decision to The Aleut Corporation. The decision approves conveyance of the surface estate in certain lands pursuant to ANCSA (43 U.S.C. 1601, et seq.), as amended. Ownership of the subsurface estate will be retained by the United States.

    The lands are located within Izembek National Wildlife Refuge and the Aleutian Islands Unit of the Alaska Maritime National Wildlife Refuge, and aggregate 283.81 acres. The BLM will also publish notice of the decision once a week for four consecutive weeks in the Bristol Bay Times/Dutch Harbor Fisherman newspaper.

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the following time limits:

    1. Unknown parties, parties unable to be located after reasonable efforts have been expended to locate, parties who fail or refuse to sign their return receipt, and parties who receive a copy of the decision by regular mail which is not certified, return receipt requested, shall have until October 10, 2018 to file an appeal.

    2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal.

    Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4 shall be deemed to have waived their rights. Notices of appeal transmitted by facsimile will not be accepted as timely filed.

    Christy Favorite, Chief, Adjudication Section.
    [FR Doc. 2018-19465 Filed 9-7-18; 8:45 am] BILLING CODE 4310-JA-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026175; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, OR AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Oregon Museum of Natural and Cultural History has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the University of Oregon Museum of Natural and Cultural History. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the University of Oregon Museum of Natural and Cultural History at the address in this notice by October 10, 2018.

    ADDRESSES:

    Dr. Pamela Endzweig, Director of Collections, Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the University of Oregon Museum of Natural and Cultural History, Eugene, OR. The human remains were removed from Hotchkiss Mound, Contra Costa County, CA.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the University of Oregon Museum of Natural and Cultural History professional staff in consultation with representatives of the Buena Vista Rancheria of Me-Wuk Indians of California; Chicken Ranch Rancheria of Me-Wuk Indians of California; Jackson Band of Miwuk Indians (previously listed as the Jackson Rancheria of Me-Wuk Indians of California); Kletsel Dehe Band of Wintun Indians (previously listed as the Cortina Indian Rancheria and the Cortina Indian Rancheria of Wintun Indians of California); Picayune Rancheria of Chukchansi Indians of California; Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria (Verona Tract), California; Table Mountain Rancheria (previously listed as the Table Mountain Rancheria of California); Tule River Indian Tribe of the Tule River Reservation, California; and Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria of California, hereafter referred to as “The Tribes.”

    History and Description of the Remains

    At an unknown date, human remains representing, at minimum, one individual were removed from Hotchkiss Mound in the lower Sacramento Valley, Contra Costa County, CA. It is unknown who originally donated the human remains to the museum. Accession records attribute the human remains to Hotchkiss Mound. Although there is no documentation regarding the transfer of the human remains to the Museum, it is likely that they were donated by the archeologist Robert F. Heizer, who donated several other items from this area to the Museum in the 1940s. The human remains consist of an adult male. No known individuals were identified. No associated funerary objects are present.

    Historical documents, ethnographic sources, and oral history indicate that the Plains Miwok and Northern Valley Yokuts have occupied this area of the Lower Sacramento Valley since precontact times. Based on archeological context and skeletal evidence, the individual was determined to be of Native American ancestry and Plains Miwok and/or Northern Valley Yokuts. The Plains Miwok and Northern Valley Yokuts are represented today by The Tribes.

    Determinations Made by the University of Oregon Museum of Natural and Cultural History

    Officials of the University of Oregon Museum of Natural and Cultural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and The Tribes.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Dr. Pamela Endzweig, Director of Collections, Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Tribes may proceed.

    The University of Oregon Museum of Natural and Cultural History is responsible for notifying The Tribes that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19525 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026130; PPWOCRADN0-PCU00RPI4.R50000] Notice of Inventory Completion: Alfred W. Bowers Laboratory of Anthropology, University of Idaho, Moscow, ID, and Museum of the Rockies at Montana State University, Bozeman, MT AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Alfred W. Bowers Laboratory of Anthropology at the University of Idaho (“Alfred W. Bowers Laboratory of Anthropology”) and the Museum of the Rockies at Montana State University (“Museum of the Rockies”) have completed an inventory of human remains and associated funerary objects in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and have determined that there is no cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Alfred W. Bowers Laboratory of Anthropology or the Museum of the Rockies. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Alfred W. Bowers Laboratory of Anthropology or Museum of the Rockies at the address in this notice by October 10, 2018.

    ADDRESSES:

    Leah Evans-Janke, Alfred W. Bowers Laboratory of Anthropology, 875 Perimeter Drive, MS 4023, Moscow, ID 83844-4023, telephone (208) 885-1771, email [email protected], or Lisa Verwys, Museum of the Rockies, 600 West Kagy Boulevard, Bozeman, MT 59717, telephone (406) 994-6622, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Alfred W. Bowers Laboratory of Anthropology, Moscow, ID, and of associated funerary objects under the control of the Museum of the Rockies, Bozeman, MT. The human remains and associated funerary objects were removed from Park County, MT.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Alfred W. Bowers Laboratory of Anthropology and the Museum of the Rockies professional staff in consultation with representatives of the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana; Confederated Salish and Kootenai Tribes of the Flathead Reservation; Fort Belknap Indian Community of the Fort Belknap Reservation of Montana; Nez Perce Tribe (previously listed as the Nez Perce Tribe of Idaho); and Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana. The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana; Chippewa Cree Indians of the Rocky Boy's Reservation, Montana (previously listed as the Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana); and Crow Tribe of Montana were invited to consult, but did not participate (hereafter referred to as “The Invited and Consulted Tribes”).

    History and Description of the Remains

    In 1929, human remains representing, at minimum, two individuals were removed from a small cave in Park County, MT, by a private citizen. On November 1, 1988, the private citizen donated the human remains and objects to the Museum of the Rockies. Later that month, Carolyn A. Purcell, Museum of the Rockies Registrar, transferred the human remains to Dr. Roderick Sprague, Director of the Alfred W. Bowers Laboratory of Anthropology. The associated funerary objects were retained by the Museum of the Rockies. The human remains consist of a right and left female innominate and a right male humerus. No known individuals were identified. The eight associated funerary objects are six flaked stone projectile points, one flaked stone drill or knife, and one digging stick of pine or spruce.

    At the time of the excavation and removal of these human remains and associated funerary objects, the land from which the remains and objects were removed was not the tribal land of any Indian Tribe or Native Hawaiian organization. In January 2018, Alfred W. Bowers Laboratory of Anthropology and Museum of the Rockies invited the Crow Tribe of Montana, who is recognized as aboriginal to the area from which these Native American human remains and associated funerary objects were removed, to consult. The Crow Tribe of Montana did not participate in consultation and did not agree to accept control of the human remains and associated funerary objects. In April 2018, the Alfred W. Bowers Laboratory of Anthropology and Museum of the Rockies agreed to transfer control of the human remains and associated funerary objects to the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana; Confederated Salish and Kootenai Tribes of the Flathead Reservation; Fort Belknap Indian Community of the Fort Belknap Reservation of Montana; Nez Perce Tribe (previously listed as the Nez Perce Tribe of Idaho); and Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana.

    Determinations Made by the Alfred W. Bowers Laboratory of Anthropology and the Museum of the Rockies

    Officials of the Alfred W. Bowers Laboratory of Anthropology and Museum of the Rockies have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on the associated funerary objects found with them.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the eight objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and associated funerary objects and any present-day Indian Tribe.

    • Pursuant to 43 CFR 10.11(c)(2)(i), the disposition of the human remains and associated funerary objects may be to the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana; Confederated Salish and Kootenai Tribes of the Flathead Reservation; Fort Belknap Indian Community of the Fort Belknap Reservation of Montana; Nez Perce Tribe (previously listed as the Nez Perce Tribe of Idaho); and Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Leah Evans-Janke, Alfred W. Bowers Laboratory of Anthropology, 875 Perimeter Drive, MS 4023, Moscow, ID 83844-4023, telephone (208) 885-1771, email [email protected], or Lisa Verwys, Museum of the Rockies, 600 West Kagy Boulevard, Bozeman, MT 59717, telephone (406) 994-6622, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to Blackfeet Tribe of the Blackfeet Indian Reservation of Montana; Confederated Salish and Kootenai Tribes of the Flathead Reservation; Fort Belknap Indian Community of the Fort Belknap Reservation of Montana; Nez Perce Tribe (previously listed as the Nez Perce Tribe of Idaho); and Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana, may proceed.

    The Alfred W. Bowers Laboratory of Anthropology and Museum of the Rockies are responsible for notifying The Invited and Consulted Tribes that this notice has been published.

    Dated: July 25, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19540 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026177; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, OR AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Oregon Museum of Natural and Cultural History has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the University of Oregon Museum of Natural and Cultural History. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the University of Oregon Museum of Natural and Cultural History, at the address in this notice by October 10, 2018.

    ADDRESSES:

    Dr. Pamela Endzweig, Director of Collections, University of Oregon Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the University of Oregon Museum of Natural and Cultural History, Eugene, OR. The human remains were removed from an unknown location in Oregon.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by University of Oregon Museum of Natural and Cultural History professional staff in consultation with representatives of the Burns Paiute Tribe (previously listed as the Burns Paiute Tribe of the Burns Paiute Indian Colony of Oregon); Confederated Tribes of the Warm Springs Reservation of Oregon; and the Fort McDermitt Paiute and Shoshone Tribes of the Fort McDermitt Indian Reservation, Nevada and Oregon (hereafter referred to as “The Tribes”).

    History and Description of the Remains

    In 1939, human remains representing, at minimum, one individual were donated to the University of Oregon Museum of Natural and Cultural History by the McDermitt Civilian Conservation Corps Camp. The human remains were initially presented to university archeologists working in Eastern Oregon. The name “Hardy” is included in parenthesis in the field catalog. The human remains consist of a single adult male (museum cat. #11-105). No further information is available. No known individual was identified. No associated funerary objects are present.

    It is believed that the human remains were removed from the area in Malheur County, OR, where the McDermitt Civilian Conservation Corps camp was located. Based on the geographical location, the human remains are most likely culturally affiliated with Indian Tribes whose ancestral lands lie in this area of Oregon. Historical documents, ethnographic sources, and oral history indicate that the Northern Paiute have occupied this area since pre-contact times. Tribes that are culturally affiliated to this area are represented by The Tribes.

    Determinations Made by the University of Oregon Museum of Natural and Cultural History

    Officials of the University of Oregon Museum of Natural and Cultural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and The Tribes.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Dr. Pamela Endzweig, Director of Collections, University of Oregon Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Tribes may proceed.

    The University of Oregon Museum of Natural and Cultural History is responsible for notifying The Tribes that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19537 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026179; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Regional Office, Sacramento, CA AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Department of the Interior, Bureau of Reclamation (Reclamation), Mid-Pacific Regional Office, has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Reclamation, Mid-Pacific Regional Office. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Reclamation, Mid-Pacific Regional Office at the address in this notice by October 10, 2018.

    ADDRESSES:

    Melanie Ryan, NAGPRA Specialist/Physical Anthropologist, Mid-Pacific Regional Office, Bureau of Reclamation, MP-153, 2800 Cottage Way, Sacramento, CA 95825, telephone (916) 978-5526, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Regional Office, Sacramento, CA. The human remains and associated funerary objects were removed from Fresno County, CA.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains and associated funerary objects was made by Reclamation, Mid-Pacific Regional Office professional staff in consultation with representatives of the Picayune Rancheria of Chukchansi Indians of California; Santa Rosa Indian Community of the Santa Rosa Rancheria, California; Table Mountain Rancheria (previously listed as the Table Mountain Rancheria of California); Tejon Indian Tribe; and Tule River Indian Tribe of the Tule River Reservation, California, hereafter referred to as “The Tribes.”

    History and Description of the Remains

    In 1951, human remains representing, at minimum, three individuals, were removed from Site CA-FRE-105, located near Firebaugh, within the current Firebaugh Wastewater of the Delta-Mendota Canal, Fresno County, CA. Site CA-FRE-105 was encountered at the bottom of a waste way at its juncture with the main canal. The “material (was) scooped up from 7 feet deep in wet clay, from an area that was approximately 200 yards in diameter”. The site record describes the site as “clay soil containing human remains and artifacts.” Human remains and artifacts were collected by Robert E. Greengo of the University of California, Berkeley, and acquired by the Phoebe A. Hearst Museum of Anthropology, University of California, Berkeley, through University Appropriation in 1951 (Accession UCAS-314). The human remains from Site CA-FRE-105 consist of three partially complete Native American individuals, including one possible male adolescent (approximately 15-20 years) and two adults of indeterminate sex. No known individuals were identified. The three associated funerary objects are: one greywacke sandstone slab mortar fragment, one large obsidian flake and one unmodified faunal long bone. An additional associated funerary object, a large obsidian point, is currently missing from the collection.

    In 1952, human remains representing, at minimum, two individuals were removed from Site CA-FRE-106, Fresno County, CA, by M.A. Baumhoff of the University of California, Berkeley, and were acquired through University Appropriation in June 1952 (Accession UCAS-157). Museum records describe nearly complete remains of two individuals recovered from a vertically truncated midden site. Individual 1 is an adult female and Individual 2 is an adult male. Both burials were excavated and exhumed, and three additional burials were noted but left in situ. No known individuals were identified. The two associated funerary objects are one large, extensively-shaped greywacke sandstone bowl mortar and one unmodified deer rib bone.

    Geographical affiliation is consistent with the historically documented territory of the Northern Valley Yokut. Multiple lines of evidence including oral tradition, ethnographic, archeological, historic, and linguistic information demonstrate continuity and a shared group identity between the human remains and associated funerary objects in this notice and the Yokut tribes. No lineal descendant has been identified. The Tribes identify as Yokut, and are culturally affiliated with the human remains and associated funerary objects in this notice.

    Determinations Made by the Reclamation, Mid-Pacific Regional Office

    Officials of Reclamation, Mid-Pacific Regional Office, have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of five individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the five objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and The Tribes.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Melanie Ryan, NAGPRA Specialist/Physical Anthropologist, Mid-Pacific Regional Office, Bureau of Reclamation, MP-153, 2800 Cottage Way, Sacramento, CA 95825, telephone (916) 978-5526, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to The Tribes may proceed.

    The Reclamation, Mid-Pacific Regional Office is responsible for notifying The Tribes that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19529 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026174; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, OR AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Oregon Museum of Natural and Cultural History has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the University of Oregon Museum of Natural and Cultural History. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the University of Oregon Museum of Natural and Cultural History at the address in this notice by October 10, 2018.

    ADDRESSES:

    Dr. Pamela Endzweig, Director of Collections, Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the University of Oregon Museum of Natural and Cultural History, Eugene, OR. The human remains were removed from the Tularosa River region, NM.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the University of Oregon Museum of Natural and Cultural History professional staff in consultation with representatives of the Fort Sill Apache Tribe of Oklahoma.

    History and Description of the Remains

    In 1900, human remains representing, at minimum, nine individuals were removed from the Tularosa River region in New Mexico. The human remains were donated to the museum by a private party in 1946 and accessioned into the museum's collection. The human remains consist of isolated elements from six adult individuals of indeterminate sex (cat. #s 11-202, 11-204, 11-205, 11-206, 11-207, and 11-210), one indeterminate adolescent (cat. #11-203), and two adult females (cat. #11-208, 11-209). Because of their fragmentary nature, it is not impossible that the remains represent fewer than nine individuals. No associated funerary objects are present.

    Historical documents, ethnographic sources, and oral history indicate that the Chiricahua Apache have occupied the Tularosa River region since precontact times. Based on presumed archeological context and/or skeletal evidence, the nine individuals represented by the human remains were determined to be of Native American ancestry and Chiricahua Apache. The Chiricahua Apache are represented today by the Fort Sill Apache Tribe of Oklahoma.

    Determinations Made by the University of Oregon Museum of Natural and Cultural History

    Officials of the University of Oregon Museum of Natural and Cultural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of nine individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Fort Sill Apache Tribe of Oklahoma.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Dr. Pamela Endzweig, Director of Collections, Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Fort Sill Apache Tribe of Oklahoma may proceed.

    The University of Oregon Museum of Natural and Cultural History is responsible for notifying the Fort Sill Apache Tribe of Oklahoma that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19524 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026172; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Indian Affairs, Washington, DC AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Department of the Interior, Bureau of Indian Affairs, has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Bureau of Indian Affairs. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Bureau of Indian Affairs at the address in this notice by October 10, 2018.

    ADDRESSES:

    Anna Pardo, Museum Program Manager/NAGPRA Coordinator, U.S. Department of the Interior, Bureau of Indian Affairs, 12220 Sunrise Valley Drive, Room 6084, Reston, VA 20191, telephone (703) 390-6343, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the U.S. Department of the Interior, Bureau of Indian Affairs, Washington, DC. The human remains were removed from an unknown location in Alaska.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the U.S. Department of the Interior, Bureau of Indian Affairs professional staff in consultation with a physical anthropologist with extensive experience in forensic work with Alaska Native human remains. Based on the report of the physical anthropologist, the Bureau of Indian Affairs sent an inventory and letters inviting consultation to representatives of 133 Indian tribes (names of invited tribes available upon request). None of the invited tribes wished to consult.

    History and Description of the Remains

    At an unknown date in or about 1973, human remains representing, at minimum, two individuals were removed from an unknown location in Alaska. On or about December 5, 2014, these human remains were mailed to the Bureau of Indian Affairs Alaska Region Office in a box with a letter attached. The writer, “Madeline Hale,” stated that, “sometime around 1973, [Ms. Hale's] then boyfriend Mike went to Alaska and came back with [the enclosed human remains]. He said he'd found it out in the wilderness somewhere at an Indian burial ground.” No additional information was provided. Ms. Hale did not provide a return mailing address or any other contact information, and attempts to locate her were unsuccessful. No known individuals were identified. No associated funerary objects are present.

    At the time of the excavation and removal of these human remains, the land from which the human remains were removed was not the tribal land of any Indian Tribe or Native Hawaiian organization. In May 2015, the U.S. Department of the Interior, Bureau of Indian Affairs sent letters to 133 Indian tribes who are recognized as aboriginal to the area from which these Native American human remains were most likely removed. The names of these invited tribes are available upon request. None of these Indian Tribes agreed to accept control of the human remains. In May 2018, the Bureau of Indian Affairs agreed to transfer control of the human remains to the Chinik Eskimo Community (Golovin); King Island Native Community; Native Village of Brevig Mission; Native Village of Council; Native Village of Diomede (aka Inalik); Native Village of Elim; Native Village of Gambell; Native Village of Koyuk; Native Village of Mary's Igloo; Native Village of Saint Michael; Native Village of Savoonga; Native Village of Shaktoolik; Native Village of Shishmaref; Native Village of Teller; Native Village of Unalakleet; Native Village of Wales; Native Village of White Mountain; Stebbins Community Association; and the Village of Solomon, hereafter referred to as “The Tribes.”

    Determinations Made by the U.S. Department of the Interior, Bureau of Indian Affairs

    Officials of the U.S. Department of the Interior, Bureau of Indian Affairs have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on cranial analysis by a physical anthropologist with extensive experience performing such analyses.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • Pursuant to 43 CFR 10.11(c)(2)(i), the disposition of the human remains may be to The Tribes.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Anna Pardo, Museum Program Manager/NAGPRA Coordinator, U.S. Department of the Interior, Bureau of Indian Affairs, 12220 Sunrise Valley Drive, Room 6084, Reston, VA 20191, telephone (703) 390-6343, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Tribes may proceed.

    The U.S. Department of the Interior, Bureau of Indian Affairs is responsible for notifying The Tribes that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19534 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026290; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of Agriculture, Forest Service, Boise National Forest, Boise, ID AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Department of Agriculture (USDA), Forest Service, Boise National Forest, has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Boise National Forest. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Boise National Forest at the address in this notice by October 10, 2018.

    ADDRESSES:

    Cecilia Romero Seesholtz, Boise National Forest, 1249 South Vinnell Way, Suite 200, Boise, ID 83709, telephone (208) 373-4102, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the USDA, Boise National Forest, Boise, ID. The human remains and associated funerary objects were removed from Elmore County, ID.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Boise National Forest professional staff in consultation with representatives of the Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada.

    History and Description of the Remains

    In 1989, human remains representing, at minimum, one adult individual of indeterminate sex were removed from site 10-EL-01, in Elmore County, ID. The human remains were removed during a permitted archeological excavation of the site, but were not identified until 2012, when the Boise National Forest initiated a comprehensive analysis of the site's extensive faunal assemblage. The analysis was performed by Susanne Miller, Faunal Analysis & CRM Services, and completed in 2017. The human remains are extremely fragmentary and are evidence of extensive looting that occurred at the site. Boise National Forest records dating to the 1950s reference the “churned” nature of the site, which the 1989 excavation confirmed. Stratigraphic mixing of chronologically sensitive point types, the presence of historic artifacts (such as tobacco tins and modern trash), and the results of sediment and radiocarbon analyses document an extremely disturbed site.

    The human remains primarily consist of bones from the upper and lower torso areas—scapula, ribs, and vertebrae. A patella, a few elements of the hand and foot, and two teeth were identified. The general “adult” estimation of age is based on the degree of epiphyseal fusion of some of the surviving elements, specifically the scapula, proximal ribs, and features of the vertebral centra. No known individuals were identified. The 662 associated funerary objects are: Two abraders; 18 bone awls and awl fragments; seven bone and shell beads; eight bone tubes; 34 modified bones (including incised, polished, and shaped specimens); 13 biface and biface fragments; 20 cores; four drills, 59 hammerstones, seven pestles; 11 knives; 21 modified flakes; one pipe fragment, one polished bobcat canine, 82 pottery sherds; 361 projectile points and point fragments; 11 scrapers; and two unifaces.

    The radiocarbon dates and projectile point chronology established at 10-EL-01 indicate that Native Americans occupied the site, probably on an intermittent and seasonal basis, over a long period of time beginning in the late Early Archaic Period (8,000-5,000 B.P.) and continuing through the Protohistoric Period (A.D. 1700-1805) and possibly even into the Contact Period (1805-1870). Most of the radiocarbon dates and point types date to the Late Archaic Period (2,000-150 B.P.). The historic inhabitants of southern Idaho include the Northern Shoshone and Northern Paiute, which are distinguished primarily on the basis of language (Murphy and Murphy 1986:284). Economic lifeways and socio-political organization were similar for the Shoshone (including the Boise, Bruneau, and Weiser subgroups) and the Northern Paiute, both of which occupied southwestern Idaho at the time of historic contact (Murphy and Murphy 1960, 1986; Steward 1938). The Northern Paiute comprised the Payette, Weiser, and Bannock subgroups, with the latter defining a group of mounted hunters who moved eastward to the Fort Hall area of Idaho during the eighteenth century (Liljeblad 1957:81). The primary ethnographic sources for southern Idaho are Murphy and Murphy (1960), Steward (1938, 1941), and Steward and Wheeler-Voegelin (1974).

    The cultural assemblage from 10-EL-01, when viewed in the context of the geographical, archeological, historical, and ethnographic records for southern Idaho, reasonably points to a shared group identity with the Northern Shoshone and Northern Paiute peoples who occupied the Snake River Plain. The preponderance of the evidence indicates that the human remains and associated funerary objects from 10-EL-01 are culturally affiliated with present-day Shoshone-Bannock Tribes of the Fort Hall Reservation and Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada.

    Determinations Made by the USDA Forest Service, Boise National Forest

    Officials of the USDA Forest Service, Boise National Forest have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the 662 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Cecilia Romero Seesholtz, Boise National Forest, 1249 South Vinnell Way, Suite 200, Boise, ID 83709, telephone (208) 373-4102, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada may proceed.

    The Boise National Forest is responsible for notifying the Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada that this notice has been published.

    Dated: August 20, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19528 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026098; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: San Diego Museum of Man, San Diego, CA AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The San Diego Museum of Man has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the San Diego Museum of Man. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the San Diego Museum of Man at the address in this notice by October 10, 2018.

    ADDRESSES:

    Ben Garcia, Deputy Director, San Diego Museum of Man, 1350 El Prado, Balboa Park, San Diego, CA 32101, telephone (619) 239-2001 ext. 17, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the San Diego Museum of Man, San Diego, CA. The human remains were removed from the Mission San Diego de Alcala and the vicinity of the intersection of 40th Street and Meade Avenue, San Diego, CA.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d) (3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the San Diego Museum of Man professional staff in consultation with representatives of the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California; Capitan Grande Band of Diegueno Mission Indians of California (Barona Group of Capitan Grande Band of Mission Indians of the Barona Reservation, California; Viejas (Baron Long) Group of Capitan Grande Band of Mission Indians of the Viejas Reservation, California); Ewiiaapaayp Band of Kumeyaay Indians, California; Iipay Nation of Santa Ysabel, California (previously listed as the Santa Ysabel Band of Diegueno Mission Indians of the Santa Ysabel Reservation); Inaja Band of Diegueno Indians of the Inaja and Cosmit Reservation, California; Jamul Indian Village of California; La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation, California; Manzanita Band of Diegueno Mission Indians of the Manzanita Reservation, California; Mesa Grande Band of Diegueno Mission Indians of the Mesa Grande Indian Reservation, California; San Pasqual Band of Diegueno Mission Indians of California; and Sycuan Band of the Kumeyaay Nation (hereafter referred to as “The Tribes”).

    History and Description of the Remains

    In 1959, human remains representing, at minimum, one individual were removed from the vicinity of the intersection of 40th Street and Meade Avenue in San Diego, CA, by a San Diego road crew. The human remains were initially received by the San Diego County Coroner's Office. On October 9, 1959 the human remains were transferred to the San Diego Natural History Museum and then gifted to the San Diego Museum of Man sometime between October and December of 1959. No known individuals were identified. No associated funerary objects are present.

    The area of 40th Street and Meade Avenue is located within territory traditionally occupied by the Kumeyaay Nation, which is today represented by The Tribes. Based on collection research, geographic location, ethnographic information, and oral history evidence, these human remains have been identified as Kumeyaay.

    In 1989, human remains representing, at minimum, four individuals were removed from an unknown site in the vicinity of Mission San Diego de Alcala, San Diego, CA. The human remains were likely excavated by Rose Tyson, a former Curator at the Museum of Man. These human remains lack specific information on the dates of collection/donation, excavation or documentation beyond a handwritten 3x5 card, reading; “San Diego Missions burials exc. By R. Tyson 1989,” and a label reading; “San Diego Mission Leftovers.” No known individuals were identified. No associated funerary objects are present.

    Mission San Diego de Alcala, San Diego, CA, is located within territory traditionally occupied by the Kumeyaay Nation, which is today represented by The Tribes. Based on geographic location, ethnographic information, and oral history evidence, these human remains have been identified as Kumeyaay.

    Determinations Made by the San Diego Museum of Man

    Officials of the San Diego Museum of Man have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of five individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and The Tribes.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Ben Garcia, Deputy Director, San Diego Museum of Man, 1350 El Prado, Balboa Park, San Diego, CA 32101, telephone (619) 239-2001 ext. 17, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Tribes may proceed.

    The San Diego Museum of Man is responsible for notifying The Tribes that this notice has been published.

    Dated: July 25, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19522 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026101; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Haffenreffer Museum of Anthropology, Brown University, Bristol, RI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Haffenreffer Museum of Anthropology, Brown University, has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Haffenreffer Museum of Anthropology, Brown University. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Haffenreffer Museum of Anthropology, Brown University at the address in this notice by October 10, 2018.

    ADDRESSES:

    Thierry Gentis, NAGPRA Coordinator c/o. Haffenreffer Museum of Anthropology, Brown University, 300 Tower Street, Bristol, RI 02809, telephone (401) 863-5700, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Haffenreffer Museum of Anthropology, Brown University, Bristol, RI. The human remains and associated funerary objects were removed from: Prudence Island in Bristol County, RI; East Greenwich in Kent County, RI; Block Island in Newport County, RI; Rumford in Providence County, RI; and Charleston in Washington County, RI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains and associated funerary objects was made by the professional staff of the Haffenreffer Museum of Anthropology, Brown University, in consultation with representatives of the Narragansett Indian Tribe.

    History and Description of the Remains

    At an unknown time, human remains representing, at minimum, one individual were removed by an unknown individual from Little Narrows Farm, Prudence Island in Bristol County, RI. The human remains, consisting of a cranium of a female of undetermined age, were donated by Stella Paine to the Haffenreffer Museum in 1957. They were said to have been removed from the “slave burial ground” cemetery for Little's Narrow Farm and “neighbors.” No known individuals were identified. No associated funerary objects are present.

    Osteological characteristics indicate that the individual is Native American. The interment most likely dates to the late Woodland period or later (A.D. 1000-1650). Oral tradition and historical documentation indicate that Little Narrows Farm, Prudence Island in Bristol County, RI, is located within the aboriginal and historic homeland of the Narragansett Indian Tribe. Oral history provided during consultation with the Narragansett Indian Tribe confirms that the individual is Narragansett.

    In 1964, human remains representing, at minimum, six individuals were removed from Green's Corner, East Greenwich in Kent County, RI, by William S. Simmons, and were donated to the Haffenreffer Museum by Mrs. Roderick Cruden. A letter from William S. Simmons to Mrs. Roderick Cruden dated September 13, 1964 states, “The skeletons have been examined and one skull reconstructed. Four and perhaps even more Indians were uncovered in your foundation . . .” The human remains include most of a male post-cranial skeleton (excluding ribs); miscellaneous post-cranial elements of an individual of indeterminate sex; miscellaneous post-cranial elements of a female; assorted post-cranial bones of at least two individuals (cranial, mandibular fragments, and teeth), and cranial, mandibular fragments, and teeth of one individual. No known individuals were identified. The 18 associated funerary objects are one clay pipe stem, one chipped pebble of English flint, one cylindrical shell bead, eight metal fragments, one square copper plate with rivet holes, one cylindrical bead of blue glass, four cylindrical beads of deep red glass, and one unfinished purple shell bead.

    Osteological characteristics indicate that the six individuals are Native American. The interment most likely dates to the late Woodland period or later (A.D. 1000-1676). The associated funerary objects date the burial to the 17th century. Oral tradition and historical documentation indicate that Green's Corner, East Greenwich in Kent County, RI, is located within the aboriginal and historic homeland of the Narragansett Indian Tribe. Oral history provided during consultation with the Narragansett Indian Tribe confirms that the six individuals are Narragansett.

    In 1920, human remains representing, at minimum, one individual were removed from Block Island in Newport County, RI. The nearly complete male skeleton was removed by Simon Ball. Charles F. Perry, MD donated these remains to Rudolf F. Haffenreffer in October of 1929, through an attorney named John T. Coughlin. No known individuals were identified. No associated funerary objects are present.

    Osteological characteristics indicate that the individual is Native American. The interment most likely dates to the late Woodland period or later (A.D. 1000-1650). Oral tradition and historical documentation indicate that Block Island in Newport County, RI, is located within the aboriginal and historic homeland of the Narragansett Indian Tribe. Oral history provided during consultation with the Narragansett Indian Tribe confirms that the individual is Narragansett.

    In 1927, human remains representing, at minimum, one individual were removed from Rumford in Providence County, RI, by an unknown individual while digging a cesspool, and were donated to Rudolf F. Haffenreffer. The human remains consist of cranial and post-cranial the remains of an adult male. No known individuals were identified. The one associated funerary object is a flat bone object, possibly a whale rib, cut transversely and broken in two pieces.

    Osteological characteristics indicate that the individual is Native American. Based on the associated funerary object, the interment most likely dates to the late Woodland period or later (A.D. 1000-1650). Oral tradition and historical documentation indicate that Rumford in Providence County, RI, is located within the aboriginal and historic homeland of the Narragansett Indian Tribe. Oral history provided during consultation with the Narragansett Indian Tribe confirms that the individual is Narragansett.

    In 1953, human remains representing, at minimum, one individual were removed from Charleston in Washington County, RI, by an unknown individual, and were donated to Rudolf F. Haffenreffer. The human remains comprise a nearly complete female skeleton. No known individuals were identified. The five associated funerary objects are one quartz flake, one quahog shell and three copper sheet fragments.

    Osteological characteristics indicate that the individual is Native American. Based on the associated funerary objects, the interment most likely dates to the Historic Contact period (post -A.D. 1500). The three copper sheet fragments confirm a post-contact date. Oral tradition and historical documentation indicate that Charleston in Washington County, RI, is located within the aboriginal and historic homeland of the Narragansett Indian Tribe. Oral history provided during consultation with the Narragansett Indian Tribe confirms that the individual is Narragansett.

    Determinations Made by the Haffenreffer Museum of Anthropology, Brown University

    Officials of the Haffenreffer Museum of Anthropology, Brown University have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 10 individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the 24 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Narragansett Indian Tribe.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Thierry Gentis, NAGPRA Coordinator c/o. Haffenreffer Museum of Anthropology, Brown University, 300 Tower Street, Bristol, RI 02809, telephone (401) 863-5700, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Narragansett Indian Tribe may proceed.

    The Haffenreffer Museum of Anthropology, Brown University, is responsible for notifying the Narragansett Indian Tribe that this notice has been published.

    Dated: July 25, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19527 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026289; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: University of Michigan, Ann Arbor, MI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Michigan has completed an inventory of human remains and an associated funerary object, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary object and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary object should submit a written request to the University of Michigan. If no additional requestors come forward, transfer of control of the human remains and associated funerary object to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary object should submit a written request with information in support of the request to the University of Michigan at the address in this notice by October 10, 2018.

    ADDRESSES:

    Dr. Ben Secunda, NAGPRA Project Manager, University of Michigan, Office of Research, 4080 Fleming Building, 503 Thompson Street, Ann Arbor, MI 48109-1340, telephone (734) 647-9085, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary object under the control of the University of Michigan, Ann Arbor, MI. The human remains and associated funerary object were removed from the Riverside Cemetery site (20ME1), Menominee County, MI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary object. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the University of Michigan Museum of Anthropological Archeology (UMMAA) professional staff in consultation with representatives of the Hannahville Indian Community, Michigan; Keweenaw Bay Indian Community, Michigan; Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan; Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan; Menominee Indian Tribe of Wisconsin; Nottawaseppi Huron Band of the Potawatomi, Michigan (previously listed as the Huron Potawatomi, Inc.); and Pokagon Band of Potawatomi Indians, Michigan and Indiana (hereafter referred to as “The Consulted Tribes”).

    Requests for consultation were also sent to the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Chippewa Cree Indians of the Rocky Boy's Reservation, Montana (previously listed as the Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana); Citizen Potawatomi Nation, Oklahoma; Forest County Potawatomi Community, Wisconsin; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Minnesota Chippewa Tribe, Minnesota (Six component reservations: Bois Forte Band (Nett Lake); Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band); Prairie Band Potawatomi Nation (previously listed as the Prairie Band of Potawatomi Nation, Kansas); Quechan Tribe of the Fort Yuma Indian Reservation, California & Arizona; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Sokaogon Chippewa Community, Wisconsin; St. Croix Chippewa Indians of Wisconsin; Turtle Mountain Band of Chippewa Indians of North Dakota; and Winnebago Tribe of Nebraska (hereafter referred to as “The Tribes Invited to Consult”).

    History and Description of the Remains

    In 1956-57, human remains representing, at minimum, one individual were removed from the Riverside Cemetery site (20ME1), in Menominee County, MI, during excavations conducted by UMMAA archeologist, A.C. Spaulding. Riverside Cemetery is a multi-component site that has evidence of occupation dating from the Late Archaic (2550-300 B.C.) and Late Woodland Periods (A.D. 500-1100). Carbon 14 analysis of a burial feature excavated from the site produced a date of A.D. 650 +/−200 years for these human remains. The burial included one adult of indeterminate sex. No known individuals were identified. The one associated funerary object is a copper fragment of irregular shape.

    The human remains have been determined to be Native American based on dental traits. A relationship of shared group identity can be reasonably traced between the Native American human remains from this site and the Menominee Indian Tribe of Wisconsin, based on the site's location within the lands traditionally occupied by the Menominee. Moreover, the Menominee were most likely the predominant tribe in the vicinity of the site during the date range for this burial, according to oral tradition and historical accounts.

    Determinations Made by the University of Michigan

    Officials of the University of Michigan have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the one object described in this notice is reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary object and the Menominee Indian Tribe of Wisconsin.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary object should submit a written request with information in support of the request to Dr. Ben Secunda, NAGPRA Project Manager, University of Michigan, Office of Research, 4080 Fleming Building, 503 Thompson Street, Ann Arbor, MI 48109-1340, telephone (734) 647-9085, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary object to the Menominee Indian Tribe of Wisconsin may proceed.

    The University of Michigan is responsible for notifying The Consulted Tribes and The Tribes Invited to Consult that this notice has been published.

    Dated: August 20, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19544 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026234; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: State Historical Society of North Dakota, Bismarck, ND AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The State Historical Society of North Dakota has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the State Historical Society of North Dakota. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the State Historical Society of North Dakota at the address in this notice by October 10, 2018.

    ADDRESSES:

    Wendi Field Murray, State Historical Society of North Dakota, 612 East Boulevard Avenue, Bismarck, ND 58505, telephone (701) 328-3506, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the State Historical Society of North Dakota, Bismarck, ND. The human remains and associated funerary objects were removed from an unknown location in western North Dakota.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains and associated funerary objects was made by the State Historical Society of North Dakota professional staff in consultation with representatives of the Crow Tribe of Montana; Lower Sioux Indian Community in the State of Minnesota; Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota; Spirit Lake Tribe, North Dakota; Standing Rock Sioux Tribe of North & South Dakota; Three Affiliated Tribes of the Fort Berthold Indian Reservation, North Dakota; Turtle Mountain Band of Chippewa Indians of North Dakota; and Upper Sioux Community, Minnesota. The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana was invited to consult but did not participate. Hereafter all tribes listed in this section are referred to as “The Consulted and Notified Tribes.”

    History and Description of the Remains

    Sometime before 1931, human remains representing, at minimum, one individual were removed from the ground surface in an unknown location in western North Dakota. According to museum records, the human remains were collected by Dr. James Grassick of North Dakota, and were donated to the museum in October 1931. No known individuals were identified. The one associated funerary object is one metal projectile point, which was embedded in the human remains.

    Determinations Made by the State Historical Society of North Dakota

    Officials of the State Historical Society of North Dakota have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on the donor's collecting history.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the one object described in this notice is reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony and was embedded in the human remains either before or after the individual's death.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and associated funerary objects and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders, indicate that the land from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Lower Sioux Indian Community in the State of Minnesota; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota; Spirit Lake Tribe, North Dakota; Standing Rock Sioux Tribe of North & South Dakota; Three Affiliated Tribes of the Fort Berthold Indian Reservation, North Dakota; Turtle Mountain Band of Chippewa Indians of North Dakota; and the Upper Sioux Community, Minnesota.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains and associated funerary objects may be to of the Lower Sioux Indian Community in the State of Minnesota; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota; Spirit Lake Tribe, North Dakota; Standing Rock Sioux Tribe of North & South Dakota; Three Affiliated Tribes of the Fort Berthold Indian Reservation, North Dakota; Turtle Mountain Band of Chippewa Indians of North Dakota; and the Upper Sioux Community, Minnesota.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Wendi Field Murray, State Historical Society of North Dakota, 612 East Boulevard Avenue, Bismarck, ND 58505, telephone (701) 325-3506, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Lower Sioux Indian Community in the State of Minnesota; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota; Spirit Lake Tribe, North Dakota; Standing Rock Sioux Tribe of North & South Dakota; Three Affiliated Tribes of the Fort Berthold Indian Reservation, North Dakota; Turtle Mountain Band of Chippewa Indians of North Dakota; and the Upper Sioux Community, Minnesota may proceed.

    The State Historical Society of North Dakota is responsible for notifying The Consulted and Notified Tribes that this notice has been published.

    Dated: August 9, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19543 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026188; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, OR AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Oregon Museum of Natural and Cultural History has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the University of Oregon Museum of Natural and Cultural History. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the University of Oregon Museum of Natural and Cultural History, at the address in this notice by October 10, 2018.

    ADDRESSES:

    Dr. Pamela Endzweig, Director of Collections, University of Oregon Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the University of Oregon Museum of Natural and Cultural History, Eugene, OR. The human remains and associated funerary objects were removed from Lake County, OR.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains and associated funerary objects was made by University of Oregon Museum of Natural and Cultural History professional staff in consultation with representatives of the Burns Paiute Tribe (previously listed as the Burns Paiute Tribe of the Burns Paiute Indian Colony of Oregon); Confederated Tribes of the Warm Springs Reservation of Oregon; and Klamath Tribes (hereafter referred to as “The Tribes”).

    History and Description of the Remains

    At an unknown date, human remains representing, at minimum, one individual were removed from a location near Chewaucan Marsh, in Lake County, OR, during excavations for irrigation ditches. In 1969, the human remains were donated to the University of Oregon Museum of Natural and Cultural History by a private party. The human remains consist of an adult male (museum catalog #11-518). No known individual was identified. No associated funerary objects are present.

    At an unknown date, human remains representing, at minimum, two individuals were removed from an unknown site probably located near the Chewaucan River, in Lake County, OR, as noted on the box in which they were stored, and were donated to the University of Oregon Museum of Natural and Cultural History by a private party. The human remains consist of two adults of indeterminate sex (no museum catalog number assigned). No known individuals were identified. No associated funerary objects are present.

    At an unknown date, human remains representing, at minimum, one individual were removed from an unknown site, possibly from the vicinity of Paisley, in Lake County, OR, according to the University of Oregon Museum of Natural and Cultural History record book. The human remains were donated to the University of Oregon Museum of Natural and Cultural History by a private party. The human remains consist of an adult male (museum catalog #11-424). No known individual was identified. No associated funerary objects are present.

    In November 1932, human remains representing, at minimum, three individuals were removed from an unknown site near Abert Rim, in Lake County, OR. The human remains were encountered during highway construction by the Oregon State Highway Commission. Subsequently, the human remains were transferred to the University of Oregon Museum of Natural and Cultural History. The human remains consist of one adult female, an adult of indeterminate sex (both under museum catalog #11-7), and an adult male (museum catalog #11-8). No known individuals were identified. No associated funerary objects are present.

    In June 1934, human remains representing, at minimum, three individuals were removed from sites near Abert and Summer Lakes, in Lake County, OR. The human remains were possibly removed by University of Oregon archeologists, and consist of two adult males (museum catalog #s 11-33 and 11-35) and an adolescent of indeterminate sex (museum catalog #11-34). No known individuals were identified. No associated funerary objects are present.

    In 1936, human remains representing, at minimum, one individual were removed from a location probably near Paisley, in Lake County, OR, during highway construction by the Oregon State Highway Commission. Subsequently, the human remains were transferred to at the University of Oregon Museum of Natural and Cultural History. Although a camel skull was also included in the accession (acc. # 200F), no information exists to associate it with the human remains. The human remains consist of an adult female (museum catalog #11-49). No known individual was identified. No associated funerary objects are present.

    In 1938, human remains representing, at minimum, three individuals were removed from a site located near Highway 31 and Summer Lake, in Lake County, OR, during road construction. The human remains were then donated to the University of Oregon Museum of Natural and Cultural History by a private party. The human remains consist of one adult female and two adult males (recorded together under museum catalog #11-86). No known individuals were identified. No associated funerary objects are present.

    In 1939, human remains representing, at minimum, four individuals were removed from sites on ZX Ranch, in Lake County, OR, during legally authorized excavations by University of Oregon archeologists. According to field notes on file, three of the individuals were recovered from looters' back-dirt. These three sets of human remains consist of one adult female and two adult males (museum catalog #s 11-102 and 11-103). A fourth set of human remains was found beside a road to 5-Mile-Butte according to the field catalog. These human remains consist of a single adult female (museum catalog #11-101). No known individuals were identified. No associated funerary objects are present.

    At an unknown date, human remains representing, at minimum, one individual were removed from near Silver Lake, in Lake County, OR. The human remains were subsequently donated to the University of Oregon Museum of Natural and Cultural History by a private party in 1940. The human remains consist of a single adult of indeterminate sex (museum catalog #11-136). No known individual was identified. The four associated funerary objects are four fossilized animal bones.

    In 1947, human remains representing, at minimum, one individual were removed from a site located near the mouth of Silver Creek at Silver Lake, in Lake County, OR, during legally authorized excavations by University of Oregon archeologists. The human remains were partially exposed at the time of removal according to field records. The human remains consist of a single adult male (museum catalog #11-213). No known individual was identified. No associated funerary objects are present.

    Historical documents, ethnographic sources, and oral history indicate that Northern Paiute people have occupied the south-central Oregon area since pre-contact times. The human remains from the above-mentioned locations are determined to be Native American based on archeological context and/or skeletal evidence and Northern Paiute based on provenience. The Northern Paiute are represented today by The Tribes.

    Determinations Made by the University of Oregon Museum of Natural and Cultural History

    Officials of the University of Oregon Museum of Natural and Cultural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 20 individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the four objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and The Tribes.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Dr. Pamela Endzweig, Director of Collections, University of Oregon Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to The Tribes may proceed.

    The University of Oregon Museum of Natural and Cultural History is responsible for notifying The Tribes that this notice has been published.

    Dated: August 6, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19539 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026189; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Children's Museum of Oak Ridge, Oak Ridge, TN AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Children's Museum of Oak Ridge (CMOR) has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the CMOR. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the CMOR at the address in this notice by October 10, 2018.

    ADDRESSES:

    Beth Shea, Children's Museum of Oak Ridge, 461 West Outer Drive, Oak Ridge, TN 37830, telephone (865) 482-1074, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Children's Museum of Oak Ridge, Oak Ridge, TN. The human remains were removed from an unidentified site with the place-name Tellico-Loudoun, TN.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the CMOR professional staff in consultation with representatives of the Cherokee Nation, Eastern Band of Cherokee Indians, and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    History and Description of the Remains

    On an unknown date in 1974 or earlier, human remains representing, at minimum, two individuals were removed from Tellico-Loudoun in TN. CMOR's records indicate that the skull, the mandible, and the loose teeth were collected by the same individual at the same general location in Tellico-Loudoun. The human remains were donated to CMOR by Mr. Jack Rich in 1974, and consist of one mandible with teeth, including loose teeth; and one skull with a notation of “basal flattening by as—infant being carried on a board.” No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Children's Museum of Oak Ridge

    Officials of the CMOR have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on basal flattening of the skull/evidence of cradle boarding.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders, indicate that the land from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and United Keetoowah Band of Cherokee Indians in Oklahoma.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to the Cherokee Nation; Eastern Band of Cherokee Indians; and United Keetoowah Band of Cherokee Indians in Oklahoma.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Beth Shea, Children's Museum of Oak Ridge, 461 West Outer Drive, Oak Ridge, TN 37830, telephone (865) 482-1074, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Cherokee Nation, Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma may proceed.

    The CMOR is responsible for notifying the Cherokee Nation, Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma that this notice has been published.

    Dated: August 6, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19533 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026171; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: The American Museum of Natural History, New York, NY AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The American Museum of Natural History has completed an inventory of human remains and associated funerary objects in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the American Museum of Natural History. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the American Museum of Natural History at the address in this notice by October 10, 2018.

    ADDRESSES:

    Nell Murphy, Director of Cultural Resources, American Museum of Natural History, Central Park West at 79th Street, New York, NY 10024, telephone (212) 769-5837, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the American Museum of Natural History, New York, NY. The human remains and associated funerary objects were removed from unknown locales in Georgia and Tennessee; Ballard and Bell Counties, KY; and Hickman, Knox, Roane, and Williamson Counties, TN.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the American Museum of Natural History professional staff in consultation with representatives of the Cherokee Nation; Eastern Band of Cherokee Indians; Shawnee Tribe; The Chickasaw Nation; The Muscogee (Creek) Nation; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    The Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Coushatta Tribe of Louisiana; Eastern Shawnee Tribe of Oklahoma; Kialegee Tribal Town; Poarch Band of Creeks (previously listed as the Poarch Band of Creek Indians of Alabama); Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); The Seminole Nation of Oklahoma; and Thlopthlocco Tribal Town were invited to consult but chose not to participate. Hereafter, all tribes listed in this section are referred to as “The Consulted and Notified Tribes.”

    History and Description of the Remains

    In an unknown year, human remains representing, at minimum, one individual were removed from a mound in Georgia by E.G. Squier. In 1875, the American Museum of Natural History purchased the human remains. No known individual was identified. The one associated funerary object is a copper disc.

    The land in the state of Georgia from which the Native American human remains were removed is the aboriginal land of the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of Louisiana; Eastern Band of Cherokee Indians; Kialegee Tribal Town; Poarch Band of Creeks (previously listed as the Poarch Band of Creek Indians of Alabama); Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    In an unknown year, human remains representing, at minimum, one individual were removed from Wickliffe Mounds, Ballard County, KY, by Col. Fain White-King or Blanche Busey King. In 1947, Lawrence Parker gifted these remains to the American Museum of Natural History. No known individual was identified. No associated funerary objects are present.

    The land in Ballard County, KY, from which the Native American human remains were removed, is the aboriginal land of The Chickasaw Nation.

    In August 1955, human remains representing, at minimum, five individuals were removed from near a highway cut near Pineville, Bell County, KY, by Dr. James S. Golden, Jr. In 1959, these adult human remains were gifted to the American Museum of Natural History. No known individuals were identified. The associated funerary objects consist of one lot of fragmentary animal bones.

    The land in Bell County, KY, from which the Native American human remains were removed, is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    In an unknown year, human remains representing, at minimum, two individuals were removed from Tennessee by an unknown collector (possibly J.P. Jones). In an unknown year, the American Museum of Natural History acquired these remains from an unknown donor. No known individuals were identified. No associated funerary objects are present.

    The land in the state of Tennessee from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; The Chickasaw Nation; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    In 1879, human remains representing, at minimum, one individual were removed from the bank of the Duck River, Hickman County, TN, by James Terry. In 1891, the American Museum of Natural History purchased these human remains from James Terry. No known individual was identified. No associated funerary objects are present.

    The land in Hickman County, TN, from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; The Chickasaw Nation; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    In an unknown year, human remains representing, at minimum, one individual were removed from the Knoxville vicinity, Knox County, TN, by an unknown collector. In 1877, the American Museum of Natural History acquired these human remains as a gift or purchase from C.C. Jones. No known individual was identified. No associated funerary objects are present.

    The land in Knox County, TN, from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    In 1932, human remains representing, at minimum, one individual were removed from Wilson Mound, 5 miles east of Rockwood, Roane County, TN, by Carl Clausen and Dr. Nels C. Nelson. In 1932, Carl Clausen and Dr. Nels C. Nelson gifted these human remains to the American Museum of Natural History. No known individual was identified. No associated funerary objects are present.

    The land in Roane County, TN, from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    In 1932, human remains representing, at minimum, three individuals were removed from Bowman Mound, 6 miles east of Rockwood, Hoods Ferry, Roane County, TN, by Carl Clausen and Dr. Nels C. Nelson. In 1932, Carl Clausen and Dr. Nels C. Nelson gifted these human remains to the American Museum of Natural History. No known individuals were identified. No associated funerary objects are present.

    The land in Roane County, TN, from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    In 1879, human remains representing, at minimum, seven individuals were removed from Brentwood, Williamson County, TN, by James Terry. In 1891, the American Museum of Natural History purchased these human remains from James Terry. No known individuals were identified. No associated funerary objects are present.

    The land in Williamson County, TN, from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    Determinations Made by the American Museum of Natural History

    Officials of the American Museum of Natural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based primarily on the donor's collecting history and archeological context.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 22 individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the two objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, Treaties, Acts of Congress, or Executive Orders, the land in Georgia from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of Louisiana; Eastern Band of Cherokee Indians; Kialegee Tribal Town; Poarch Band of Creeks (previously listed as the Poarch Band of Creek Indians of Alabama); Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains from Georgia may be to the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of Louisiana; Eastern Band of Cherokee Indians; Kialegee Tribal Town; Poarch Band of Creeks (previously listed as the Poarch Band of Creek Indians of Alabama); Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, treaties, Acts of Congress, or Executive Orders, the land in Ballard County, KY, from which the Native American human remains and associated funerary objects were removed is the aboriginal land of The Chickasaw Nation.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains from Ballard County, KY, may be to the aboriginal land of The Chickasaw Nation.

    • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, treaties, Acts of Congress, or Executive Orders, the land in Georgia from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; The Chickasaw Nation; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains from Tennessee may be to the Cherokee Nation; Eastern Band of Cherokee Indians; The Chickasaw Nation; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, treaties, Acts of Congress, or Executive Orders, the land in Hickman County, TN, from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; The Chickasaw Nation; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains from Hickman County, TN, may be to the Cherokee Nation; Eastern Band of Cherokee Indians; The Chickasaw Nation; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, treaties, Acts of Congress, or Executive Orders, the land in Bell County, KY, and Knox, Roane, and Williamson Counties, TN, from which the Native American human remains were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains from Bell County, KY, and Knox, Roane, and Williamson Counties, TN, may be to the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Nell Murphy, Director of Cultural Resources, American Museum of Natural History, Central Park West at 79th Street, NY, NY 10024, telephone 212-769-5837, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of Louisiana; Eastern Band of Cherokee Indians; Kialegee Tribal Town; Poarch Band of Creeks (previously listed as the Poarch Band of Creek Indians of Alabama); Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); The Chickasaw Nation; The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; and the United Keetoowah Band of Cherokee Indians in Oklahoma may proceed.

    The American Museum of Natural History is responsible for notifying The Consulted and Notified Tribes that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19532 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026176; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, OR AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Oregon Museum of Natural and Cultural History has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the University of Oregon Museum of Natural and Cultural History. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the University of Oregon Museum of Natural and Cultural History at the address in this notice by October 10, 2018.

    ADDRESSES:

    Dr. Pamela Endzweig, Director of Collections, Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the University of Oregon Museum of Natural and Cultural History, Eugene, OR. The human remains were removed from a location northwest of Nixon, Washoe County, NV.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the University of Oregon Museum of Natural and Cultural History professional staff in consultation with representatives of the Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada.

    History and Description of the Remains

    In 1950, human remains representing one individual were removed from an eroding area along Route 33, about one mile south of the extreme end of Pyramid Lake, Washoe County, NV. In 1950 the human remains were donated to the museum by the private party who initially recovered them. The human remains (cat. #11-257) represent a single adult male. No known individuals were identified. No associated funerary objects are present.

    Historical documents, ethnographic sources, and oral history indicate that the Northern Paiute have occupied the Pyramid Lake region since precontact times. Based on skeletal evidence, the remains were determined to be of Native American ancestry and Northern Paiute. The Northern Paiute are represented today by the Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada.

    Determinations Made by the University of Oregon Museum of Natural and Cultural History

    Officials of the University of Oregon Museum of Natural and Cultural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Dr. Pamela Endzweig, Director of Collections, Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada, may proceed.

    The University of Oregon Museum of Natural and Cultural History is responsible for notifying the Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada, that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19526 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026187; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, OR AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Oregon Museum of Natural and Cultural History has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the University of Oregon Museum of Natural and Cultural History. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the University of Oregon Museum of Natural and Cultural History at the address in this notice by October 10, 2018.

    ADDRESSES:

    Dr. Pamela Endzweig, Director of Collections, University of Oregon Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the University of Oregon Museum of Natural and Cultural History, Eugene, OR. The human remains were removed from Lake County, OR.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by University of Oregon Museum of Natural and Cultural History professional staff in consultation with representatives of the Burns Paiute Tribe (previously listed as the Burns Paiute Tribe of the Burns Paiute Indian Colony of Oregon); Confederated Tribes of the Warm Springs Reservation of Oregon; Fort Bidwell Indian Community of the Fort Bidwell Reservation of California; and Klamath Tribes (hereafter referred to as “The Tribes”).

    History and Description of the Remains

    At an unknown date, human remains representing one individual were removed from an unknown location and donated to the University of Oregon Museum of Natural and Cultural History by a private donor in 1934. While museum records do not identify exact provenience for the human remains, the donor was a resident of Lakeview, in Lake County, OR, and it is reasonably believed that the human remains were removed from that vicinity. The human remains consist of an adult male (museum cat. #11-6). No known individual was identified. No associated funerary objects are present.

    At an unknown date, human remains representing, at minimum, one individual were removed from a location in agricultural fields “approximately nine miles due west of Lakeview and one half mile south of the Klamath Falls-Lakeview Highway,” in Lake County, OR. The human remains were initially encountered during plowing, and were donated to the University of Oregon Museum of Natural and Cultural History in 1949. The human remains consist of an adult male (museum cat. #11-219). No known individual was identified. No associated funerary objects are present.

    At an unknown date, human remains representing, at minimum, one individual were donated to the Oregon Museum of Natural and Cultural History by an unknown individual. Museum documentation indicates that the human remains were likely removed from “N. Lakeview,” located in Lake County, OR. The human remains consist of an adult of indeterminate sex (no museum catalog number assigned). No known individual was identified. No associated funerary objects are present.

    The human remains from the above locations are determined to be Native American based on burial context and/or skeletal evidence. Historical documents, ethnographic sources, and oral history indicate that The Tribes have occupied the area of Lakeview, OR, area since pre-contact times. Based on museum records, the human remains are reasonably believed to be culturally affiliated with The Tribes.

    Determinations Made by the University of Oregon Museum of Natural and Cultural History

    Officials of the University of Oregon Museum of Natural and Cultural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of three individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and The Tribes.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Dr. Pamela Endzweig, Director of Collections, University of Oregon Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Tribes may proceed.

    The University of Oregon Museum of Natural and Cultural History is responsible for notifying The Tribes that this notice has been published.

    Dated: August 6, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19538 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026100; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Federal Bureau of Investigation, Washington, DC AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Federal Bureau of Investigation (FBI) has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the FBI. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the FBI at the address in this notice by October 10, 2018.

    ADDRESSES:

    Federal Bureau of Investigation, FBI Headquarters, Attn: Supervisory Special Agent (SSA) Timothy S. Carpenter, Art Theft Program, 935 Pennsylvania Avenue NW, Washington, DC 20535, telephone (202) 324-5525, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Federal Bureau of Investigation, Washington, DC. The human remains were removed from Potter County, SD.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the FBI professional staff in consultation with representatives of Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota; Standing Rock Sioux Tribe of North & South Dakota; and Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota.

    History and Description of the Remains

    At an unknown date, human remains representing one individual were removed from or near the Rosa Site (39PO3) in Potter County, SD. The Rosa Site is on the Missouri River midway between the mouth of the Moreau and Cheyenne Rivers. The closest modern town to the Rosa Site is Gettysburg, which serves as the county seat. Archeological records from the Rosa Site, along with oral history from local tribal nations, indicates that this area was historically inhabited by several populations. Archeologists believe that Siouan-speaking people ancestral to the Mandan lived in this locale from at least A.D. 800 until they were displaced by Caddoan-speaking ancestors of the Arikara. Ancestral Arikara remained in the area until the mid-to-late 1800s, when they moved upstream to join the Mandan and Hidatsa as part of the Three Affiliated tribes.

    Excavations were conducted by Wesley Hurt and colleagues at Rosa and other middle Missouri River valley sites in advance of the river's damming and the creation of Lake Oahe by the Army Corps of Engineers in the 1960s. In 1958, Wesley Hurt and Todd Willy produced a report on their salvage excavation at the site. (Report of the Investigation of the Rosa Site 39Po3, Potter County, SD. Archeological Studies Circular No. 9, South Dakota Archaeological Commission, Pierre, South Dakota.)

    In 1963, Hoffman speculated that the occupants of Rosa belonged to the Chouteau Aspect of Middle Missouri archaeological culture, which is characterized as a “late prehistoric coalescence of indigenous Middle Missouri and intrusive Central Plains cultures.” A later, protohistoric affiliation is supported by Weakly's 1971 study of tree rings from sites along the Missouri River in South Dakota. His analysis places Rosa's occupation in the mid-to-late 18th century, with one juniper tree specimen providing a date of A.D. 1766. Based on this evidence and a larger regional analysis conducted by Donald Lehmer and published in 1971, Rosa is now widely regarded as a Post-Contact Coalescent village for the ancestors of modern-day Arikara. More recently, Johnson has hypothesized that the Rosa village spawned from the 17th Extended Coalescent occupation at the Sully (39Sl4) site, located downstream in Sully County and below the mouth of the Cheyenne River. Meanwhile, Collison describes the LeBeau and Stanley Ware ceramics from Rosa as characteristic of the A.D. 1700 to 1750 timeframe. In sum, Rosa was an 18th century ancestral Arikara village that existed shortly before the Arikara emigration northward along the Missouri River.

    Following their removal, the human remains (a single cranium) were transported to Indiana, where they remained as part of a private collection of Native American antiquities and cultural heritage. In April 2014, the human remains were seized by the FBI as part of a criminal investigation.

    The human remains (also known as Individual 144) represent one young-to-middle adult female that, according to the osteology report, “likely died between 30 and 45 years of age.” No known individuals were identified. There were no associated funerary objects. A tag recovered by the FBI with Individual 144 states “Rosa Site- Cache Burial Female-Age 35.” Individual 144 is represented by a well-preserved cranium, mandible and partial dentition with ante- and post-mortem tooth loss. According to the osteology report, bone preservation is very good, and there is no evidence for substantial weathering or taphonomic processes, suggesting that Individual 144 is derived from a late prehistoric, protohistoric or historic burial context.

    Based upon the historical record, site analysis, evidence obtained through criminal investigation, osteological analysis, and tribal consultation, the FBI believes that there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota.

    Determinations Made by the Federal Bureau of Investigation

    Officials of the FBI have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Federal Bureau of Investigation, FBI Headquarters, Attn: Supervisory Special Agent (SSA) Timothy S. Carpenter, Art Theft Program, 935 Pennsylvania Avenue NW, Washington, DC 20535, telephone (202) 324-5525, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota may proceed.

    The FBI is responsible for notifying the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota; Standing Rock Sioux Tribe of North & South Dakota; and Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota that this notice has been published.

    Dated: July 25, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19541 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026291; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of Agriculture, Forest Service, Kootenai National Forest, Lincoln County, MT AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Department of Agriculture, Forest Service, Kootenai National Forest, with assistance from the Army Corps of Engineer's Mandatory Center of Expertise for the Curation and Management of Archeological Collections (ACOE), has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Kootenai National Forest. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Kootenai National Forest at the address in this notice by October 10, 2018.

    ADDRESSES:

    Chris Savage, Supervisor, Kootenai National Forest, 31374 US Hwy 2, Libby, MT 59923-3022, telephone (406) 293-6211 or email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the U.S. Department of Agriculture, Forest Service, Kootenai National Forest. The human remains were removed from Lincoln County, MT.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Army Corps of Engineer's Mandatory Center of Expertise for the Curation and Management of Archeological Collections professional staff for the Kootenai National Forest in consultations with representatives of the Confederated Salish and Kootenai Tribes of the Flathead Reservation.

    History and Description of the Remains

    In 1982, human remains representing, at minimum, one sub-adult were removed from Dorr Skeels in Lincoln County, MT. Two teeth were located during an excavation of site 24LN00073. The right and left first mandibular molar crowns belonged to an approximately 2 year +/− 8 month individual.

    Determinations Made by the Army Corps of Engineer's Mandatory Center of Expertise for the Curation and Management of Archeological Collections and Kootenai National Forest

    Officials of the Army Corps of Engineer's Mandatory Center of Expertise for the Curation and Management of Archeological Collections and Kootenai National Forest have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the human remains and the Confederated Salish and Kootenai Tribes of the Flathead Reservation.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Chris Savage, Supervisor, Kootenai National Forest, 31374 US Hwy. 2, Libby, MT 59923-3022, telephone (406) 293-6211 or email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Confederated Salish and Kootenai Tribes of the Flathead Reservation may proceed.

    The Kootenai National Forest is responsible for notifying the Confederated Salish and Kootenai Tribes of the Flathead Reservation that this notice has been published.

    Dated: August 20, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19530 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026178; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Office of the State Archeologist, University of Iowa, Iowa City, IA, and Coe College, Cedar Rapids, IA AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Iowa, Office of the State Archeologist Bioarcheology Program (OSA), acting as the agent for Coe College, has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the OSA. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the OSA at the address in this notice by October 10, 2018.

    ADDRESSES:

    Lara Noldner, Office of the State Archeologist Bioarcheology Program, University of Iowa, 700 S Clinton Street, Iowa City, IA 52242, telephone (319) 384-0740, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the University of Iowa, Office of the State Archeologist Bioarcheology Program, Iowa City, IA. The human remains and associated funerary objects were removed from an unknown location in Hawaii.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the OSA professional staff, acting on behalf of Coe College, in consultation with representatives of the Office of Hawaiian Affairs (OHA).

    History and Description of the Remains

    At an unknown date, human remains representing, at minimum, three individuals were removed from an unknown burial cave in Hawaii. In 1917, a professor at Coe College, in Cedar Rapids, Linn County, IA, donated the human remains and associated funerary object to the college museum. Coe College subsequently sent the human remains and associated funerary object to the OSA for analysis and assessment. The human remains represent two adults of unknown age and sex, and one juvenile, approximately 12 to 18 years old (Burial Project 1934). No known individuals were identified. The one associated funerary object is a woven grass lauhala mat. In addition to being used for lining the floors of dwellings and sleeping areas, these mats were often used in Hawaiian burial caves.

    Determinations Made by the Office of the State Archeologist Bioarcheology Program

    Officials of the Office of the State Archeologist Bioarcheology Program, acting on behalf of Coe College, have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of three individuals of Native Hawaiian ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the one object described in this notice is reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native Hawaiian human remains and associated funerary object and the Office of Hawaiian Affairs.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary object should submit a written request with information in support of the request to Lara Noldner, Office of the State Archeologist Bioarcheology Program, University of Iowa, 700 S Clinton Street, Iowa City, IA 52242, telephone (319) 384-0740, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary object to the Office of Hawaiian Affairs may proceed.

    The University of Iowa, Office of the State Archeologist Bioarcheology Program is responsible for notifying the Office of Hawaiian Affairs that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19531 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026099; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Heard Museum, Phoenix, AZ AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Heard Museum has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Heard Museum. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Heard Museum at the address in this notice by October 10, 2018.

    ADDRESSES:

    David Roche, Director/CEO, Heard Museum, 2301 North Central Avenue, Phoenix, AZ 85004, telephone (602) 252-8840, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Heard Museum, Phoenix, AZ. The human remains and associated funerary objects were removed from the vicinity of Gila Bend, Maricopa County, AZ.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Heard Museum professional staff in consultation with representatives of Ak-Chin Indian Community (previously listed as the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona); Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico.

    History and Description of the Remains

    Prior to 1953, human remains representing, at minimum, one individual were removed from the vicinity of Gila Bend in Maricopa County, AZ, by Russell Cross and then acquired by the Heard Museum. In 1953, the museum assigned the human remains and associated funerary objects catalog number NA-SW-HH-A4-2. The human remains belong to a middle-aged adult of unknown gender. No known individuals were identified. The two associated funerary objects are one jar and one animal bone.

    The jar is identified as Hohokam Sacaton Red-on-Buff with a low Gila Shoulder, and was made between approximately A.D. 900 and 1100. In 1990, the Ak-Chin Indian Community, Gila River Indian Community, Salt River Pima-Maricopa Community, and Tohono O'odham Nation adopted a joint policy statement stating that a cultural affiliation existed between themselves and the ancestors they described as “Hohokam.” Subsequently, the Hopi Tribe (in 1994) and Pueblo of Zuni (in 1995) asserted their own cultural affiliation with the Hohokam.

    Determinations Made by the Heard Museum

    Officials of the Heard Museum have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the two objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Ak-Chin Indian Community (previously listed as the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona); Cocopah Tribe of Arizona; Colorado River Indian Tribes of the Colorado River Indian Reservation, Arizona and California; Fort Mojave Indian Tribe of Arizona, California & Nevada; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Quechan Tribe of the Fort Yuma Indian Reservation, California & Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico (hereafter referred to as “The Tribes”).

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to David Roche, Director/CEO, Heard Museum, 2301 North Central Avenue, Phoenix, AZ 85004, telephone (602) 252-8840, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to The Tribes may proceed.

    The Heard Museum is responsible for notifying The Tribes that this notice has been published.

    Dated: July 25, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19523 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026129; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Heard Museum, Phoenix, AZ AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Heard Museum has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Heard Museum. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Heard Museum at the address in this notice by October 10, 2018.

    ADDRESSES:

    David Roche, Director/CEO, Heard Museum, 2301 North Central Avenue, Phoenix, AZ 85004, telephone (602) 252-8840, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Heard Museum, Phoenix, AZ. The human remains and associated funerary objects were removed from near Camp Verde, Yavapai County, AZ.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Heard Museum professional staff in consultation with representatives of Ak-Chin Indian Community (previously listed as the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona); Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; Yavapai-Prescott Indian Tribe (previously listed as the Yavapai-Prescott Tribe of the Yavapai Reservation, Arizona); and Zuni Tribe of the Zuni Reservation, New Mexico.

    History and Description of the Remains

    In 1972, human remains representing, at minimum, one individual were removed from near Camp Verde in Yavapai County, AZ by Tim Bailey. The human remains are of a child of unknown gender. They were donated to the Heard Museum in 1973, at which time they were assigned the catalog numbers NA-SW-SG-A2-1 and NA-SW-SG-K-2. No known individuals were identified. The 19 associated funerary objects are: One bowl, one pottery sherd, one bead, three fragments of an obsidian tool, two quartzite flakes, 10 animal bones, and one corn cob.

    The bowl was identified as Flagstaff Black-on-white. The vessel was re-attributed as Puebloan based on Wood's classification of this type as an Anasazi type (Wood 1987:98). The cultural affiliation of the human remains was changed to Hohokam based on the presence of cremated bone and obsidian lithics. The bowl is a Puebloan pottery type. Possibly, it was a trade item. Alternatively, it is associated with the burial of a Hohokam person outside of his/her culture area whose religious convictions were respected upon death (see Wilcox 1987:135). Based on the cremated bone and pottery type of the cremation vessel, the human remains are not likely to be Sinagua.

    The Hohokam lived in central and southern Arizona from about A.D. 1 to 1450. The style of pottery known as Flagstaff Black-on-white was made by Ancestral Puebloans and dates from A.D. 1130 to 1230. In 1990, the Ak-Chin Indian Community, Gila River Indian Community, Salt River Pima-Maricopa Community, and Tohono O'odham Nation adopted a joint statement asserting their cultural affiliation to ancestors described as “Hohokam.” In 1994, the Hopi Tribe asserted its cultural affiliation to Hohokam and Hisatsinom (Puebloan). In 1995, the Pueblo of Zuni asserted its cultural affiliation to Hohokam and Puebloan. In 1995, the Yavapai-Prescott Tribe asserted its cultural affiliation to human remains found near the area of Montezuma Well (near Camp Verde).

    Determinations Made by the Heard Museum

    Officials of the Heard Museum have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the 19 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and Ak-Chin Indian Community (previously listed as the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona); Fort McDowell Yavapai Nation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Havasupai Tribe of the Havasupai Reservation, Arizona; Hopi Tribe of Arizona; Hualapai Indian Tribe of the Hualapai Indian Reservation, Arizona; Pueblo of Acoma, New Mexico; Pueblo of Laguna, New Mexico; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; Yavapai-Apache Nation of the Camp Verde Indian Reservation, Arizona; Yavapai-Prescott Indian Tribe (previously listed as the Yavapai-Prescott Tribe of the Yavapai Reservation, Arizona); and Zuni Tribe of the Zuni Reservation, New Mexico (hereafter referred to as “The Tribes”).

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to David Roche, Director/CEO, Heard Museum, 2301 North Central Avenue, Phoenix, AZ 85004, telephone (602) 252-8840, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to The Tribes may proceed.

    The Heard Museum is responsible for notifying The Tribes that this notice has been published.

    Dated: July 25, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19542 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026173; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: The University of Oregon Museum of Natural and Cultural History, Eugene, OR AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The University of Oregon Museum of Natural and Cultural History has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the University of Oregon Museum of Natural and Cultural History. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the University of Oregon Museum of Natural and Cultural History at the address in this notice by October 10, 2018.

    ADDRESSES:

    Dr. Pamela Endzweig, Director of Collections, Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the University of Oregon Museum of Natural and Cultural History, Eugene, OR. The human remains and associated funerary objects were removed from Phoenix, Maricopa County, AZ.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the University of Oregon Museum of Natural and Cultural History professional staff in consultation with representatives of the Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona.

    History and Description of the Remains

    In 1925, human remains representing, at minimum, two individuals were removed from a location in Phoenix in Maricopa, AZ. In 1984 the human remains were donated to the museum by a private party and accessioned into the collection (museum cat. #11-571). The human remains consist of two individuals, an adult and a child. No known individuals were identified. According to the accession records, the 28 associated funerary objects were contained in a ceramic jug. The associated funerary objects include: One ceramic jug, one bone bead, two bone bead fragments, one bone effigy, two bone awls, two drilled pieces of animal bone, one piece of deer bone, 17 disc beads with cloth, and one projectile point.

    Historical documents, ethnographic sources, and oral history indicate that the Pima-Maricopa people have occupied the Phoenix area since precontact times. Based on archeological context, the two individuals above were determined to be of Native American ancestry and Pima-Maricopa. The Pima-Maricopa are represented today by the Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona.

    Determinations Made by the University of Oregon Museum of Natural and Cultural History

    Officials of the University of Oregon Museum of Natural and Cultural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the 28 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Dr. Pamela Endzweig, Director of Collections, Museum of Natural and Cultural History, 1224 University of Oregon, Eugene, OR 97403-1224, telephone (541) 346-5120, email [email protected], by October 10, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona, may proceed.

    The University of Oregon Museum of Natural and Cultural History is responsible for notifying the Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona, that this notice has been published.

    Dated: August 3, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-19535 Filed 9-7-18; 8:45 am] BILLING CODE 4312-52-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1016 (Modification Proceeding)] Certain Access Control Systems and Components Thereof; Notice of Institution of Modification Proceeding AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the above-captioned investigation.

    FOR FURTHER INFORMATION CONTACT:

    Carl P. Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-2382. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission instituted this investigation on August 3, 2016, based on a Complaint filed by the Chamberlain Group (“Complainant” or “Chamberlain”) of Elmhurst, Illinois. 81 FR 52713 (Aug. 9, 2016). The Complaint alleged that Respondents were violating Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“Section 337”), by importing, selling for importation, or selling in the United States after importation garage door opener products (“GDOs”) that infringe certain claims of U.S. Patent No. 7,161,319 (“the '319 patent”), U.S. Patent No. 7,196,611 (“the '611 patent”), and U.S. Patent No. 7,339,336 (“the '336 patent”). The '319 patent is the only patent at issue for purposes of the present petition for a modification proceeding. The asserted claims of the '611 and certain claims of the '336 patent were previously terminated. Notice (Mar. 20, 2017) (see Order No. 18); Notice (May 31, 2017) (see Order No. 28). The remaining claims of the '336 patent were found to be not infringed. 83 FR 13517, 13519 (March 29, 2018).

    The Commission's Notice of Investigation named Techtronic Industries Co., Techtronic Industries North America, Inc., One World Technologies, Inc., and OWT Industries, Inc., and ET Technology (Wuxi) Co. (collectively “Respondents” or “Techtronic”) among the Respondents. Ryobi Technologies, Inc. was initially named as a Respondent, but was later terminated from this investigation on an unopposed motion. Notice (Nov. 7, 2016) (see Order No. 6). The Office of Unfair Import Investigations is not a party to the investigation.

    On July 12-13, 2017, the ALJ held an evidentiary hearing on infringement, invalidity, domestic industry, and remedy with respect to the remaining '319 patent. On October 23, 2017, the ALJ issued his final initial determination (“ID”), in which he found the '319 patent claims were not obvious and were infringed by Respondents' accused GDOs. 83 FR at 13518 (discussing ID at 130-41, 144, 151-212). The Commission determined not to review the ALJ's infringement determination but limited its review to obviousness. 82 FR 61792 (Dec. 29, 2017). The Commission ultimately affirmed the ALJ's findings that the '319 patent claims were not obvious and Respondents were violating Section 337 by way of infringement, and entered limited exclusion order (“LEO”) and cease-and-desist orders (“CDOs”) with certification provisions. 83 FR at 13517, 13519; Commission Opinion at 1-2, 13-31, 35-36 (Mar. 23, 2018). The President did not disapprove of the Commission's remedial orders. The Commission's final determination is presently on appeal to the Federal Circuit.

    On August 2, 2018, Respondents filed a petition with the Commission to institute a modification proceeding to determine whether their allegedly redesigned garage door opener products infringe the '319 patent that is the subject of the remedial orders issued in this investigation and for modification of those remedial orders to specify the status of those redesigned products. On August 13, 2018, Complainant filed its opposition to this Petition. On August 22, 2018, Respondents filed a reply in support of their petition with an accompanying motion for leave to file a reply. On August 30, 2018, Respondents filed a motion for leave to file a second supplement to their petition for a modification proceeding.

    The Commission has determined that Respondents' petition complies with the requirements for institution of a modification proceeding pursuant to Commission Rule 210.76. Accordingly, the Commission has determined to institute a modification proceeding and has delegated the proceeding to the Chief Administrative Law Judge to designate a presiding Administrative Law Judge. The presiding ALJ shall submit a recommended determination within six (6) months after publication of notice of this Order in the Federal Register. Chamberlain and Techtronic are named as parties to this proceeding. The Commission has further determined to deny Respondents' motion for leave to file a reply and Respondents' motion for leave to file a second supplement to their original petition.

    The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: September 4, 2018. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2018-19498 Filed 9-7-18; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-18-042] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting:

    United States International Trade Commission.

    TIME AND DATE:

    September 18, 2018 at 9:30 a.m.

    PLACE:

    Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote on Inv. Nos. 701-TA-586 and 731-TA-1384 (Final)(Stainless Steel Flanges from India). The Commission is currently scheduled to complete and file its determinations and views of the Commission by September 28, 2018. 5. Outstanding action jackets: None.

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    By order of the Commission.

    Issued: September 5, 2018. William Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2018-19704 Filed 9-6-18; 4:15 pm] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Strength-Training Systems and Components Thereof, DN 3338; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000.

    General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Hoist Fitness Systems, Inc. on September 4, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain strength-training systems and components thereof. The complaint names as respondents: TuffStuff Fitness International, Inc., of Chino, CA; and Shandong Relax Health Industry Co. Ltd. of China. The complainant requests that the Commi