Federal Register Vol. 83, No.196,

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50803-51300
FR Document

83_FR_196
Current View
Page and SubjectPDF
83 FR 51299 - German-American Day, 2018PDF
83 FR 50959 - Sunshine Act MeetingPDF
83 FR 50803 - National Manufacturing Day, 2018PDF
83 FR 50963 - Sunshine Act Meeting; National Science BoardPDF
83 FR 51042 - Sunshine Act Meetings; Unified Carrier Registration Plan Board of DirectorsPDF
83 FR 50966 - Sunshine Act MeetingsPDF
83 FR 50956 - Public Land Order No. 7869; Partial Revocation of Withdrawal Established by Secretarial Orders, Klamath River Project, CaliforniaPDF
83 FR 50957 - Notice To Reopen Comment Period on Withdrawal Application and of Public Meeting in Methow Valley, WAPDF
83 FR 50957 - Notice of Proposed Filing of Plats of Survey: MontanaPDF
83 FR 50955 - Notice of Realty Action: Classification for Lease and/or Conveyance for Recreation and Public Purposes of Public Lands for an Elementary School in the Southwest Portion of the Las Vegas Valley, Clark County, NevadaPDF
83 FR 50903 - Privacy Act of 1974; Matching ProgramPDF
83 FR 50901 - Defense Innovation Board; Notice of Federal Advisory Committee MeetingPDF
83 FR 50864 - Availability of Additional Guidance Under Section 965PDF
83 FR 50805 - Margin and Capital Requirements for Covered Swap Entities; Final RulePDF
83 FR 50936 - Children's Bureau; Proposed Information Collection Activity; Comment RequestPDF
83 FR 51042 - Hazardous Materials: Notice of Applications for Special PermitsPDF
83 FR 51045 - Hazardous Materials: Notice of Applications for Special PermitsPDF
83 FR 51044 - Hazardous Materials: Notice of Applications for Special PermitsPDF
83 FR 50971 - Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2PDF
83 FR 50921 - Pesticide Program Dialogue Committee; Notice of Public MeetingPDF
83 FR 50823 - OrganizationPDF
83 FR 50867 - Air Plan Approval; Oregon; Removal of Obsolete RegulationsPDF
83 FR 50934 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
83 FR 50933 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
83 FR 50905 - Energy Conservation Program: Extension of Waiver to Apple Inc. From the Department of Energy External Power Supply Test ProcedurePDF
83 FR 50907 - Energy Conservation Program: Extension of Waiver to Panasonic Appliances Refrigeration Systems Corporation of America (PAPRSA) From the Department of Energy Consumer Refrigerator and Refrigerator-Freezer Test ProceduresPDF
83 FR 50909 - Request for Public Comment on the U.S. Department of Energy Interpretation of High-Level Radioactive WastePDF
83 FR 51045 - National Advisory Committee on Travel and Tourism Infrastructure; Notice of Public MeetingPDF
83 FR 51041 - Norfolk Southern Railway Company-Abandonment Exemption-in the City of Detroit, Mich.PDF
83 FR 51046 - National Advisory Committee on Travel and Tourism Infrastructure; Notice of Public MeetingPDF
83 FR 51068 - Proposed Collection; Comment Request for Form 8908PDF
83 FR 50961 - Records Schedules; Availability and Request for CommentsPDF
83 FR 50962 - Agency Information Collection Activities: Proposed Collection; Comment Request; Credit Union Service Organizations (CUSOs)PDF
83 FR 50970 - Information Collection: NRC Form 398, “Personal Qualification Statement-Licensee.”PDF
83 FR 50926 - FDIC Advisory Committee on Economic Inclusion (ComE-IN); Notice of MeetingPDF
83 FR 50857 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna FisheriesPDF
83 FR 50902 - Meeting of the United States Naval Academy Board of VisitorsPDF
83 FR 50969 - Information Collection: Submission for the Office of Management and Budget (OMB) Review; Comment RequestPDF
83 FR 50891 - Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2016PDF
83 FR 50900 - Pacific Fishery Management Council; Public MeetingPDF
83 FR 50888 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017PDF
83 FR 50896 - Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2016PDF
83 FR 50894 - Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Final Results of Changed Circumstances ReviewPDF
83 FR 50900 - New England Fishery Management Council; Public MeetingPDF
83 FR 50886 - Foreign-Trade Zone (FTZ) 230-Greensboro, North Carolina, Authorization of Production Activity, Patheon Softgels (Pharmaceutical Products), High Point, North CarolinaPDF
83 FR 50892 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017PDF
83 FR 50926 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
83 FR 50899 - Fisheries of the Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public MeetingPDF
83 FR 50963 - Information Collection: NRC Form 396, “Certification of Medical Examination by Facility Licensee”PDF
83 FR 51040 - Reporting and Recordkeeping Requirements Under OMB ReviewPDF
83 FR 50965 - Dry Storage and Transportation of High Burnup Spent Nuclear FuelPDF
83 FR 50927 - Senior Executive Service Performance Review BoardPDF
83 FR 50826 - Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt Collection RegulationsPDF
83 FR 50951 - U.S. Endangered Species; Recovery Permit ApplicationsPDF
83 FR 50956 - Filing of Plats of Survey: Alaska; correctionPDF
83 FR 50903 - Notice of Intent To Grant an Exclusive License; Aviation Devices and Electronic Components, L.L.C.PDF
83 FR 50903 - Notice of Intent To Grant Exclusive License; CHEMEON Surface Technology, LLCPDF
83 FR 50923 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
83 FR 50942 - Assessing Adhesion With Transdermal and Topical Delivery Systems for Abbreviated New Drug Applications; Revised Draft Guidance for Industry; AvailabilityPDF
83 FR 50945 - Assessing the Irritation and Sensitization Potential of Transdermal and Topical Delivery Systems for Abbreviated New Drug Applications; Draft Guidance for Industry; AvailabilityPDF
83 FR 50943 - Product-Specific Guidances; Draft and Revised Draft Guidances for Industry; AvailabilityPDF
83 FR 51068 - Notice of OFAC Sanctions ActionsPDF
83 FR 51047 - Notice of OFAC Sanctions ActionsPDF
83 FR 50938 - International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; ADB-FUBINACA; ADB-CHMINACA; Cyclopropyl Fentanyl; Methoxyacetyl Fentanyl; para-Fluoro Butyrfentanyl; Tramadol; Pregabalin; Cannabis Plant and Resin; and Eight Additional Substances; Request for CommentsPDF
83 FR 51026 - Fixed Income Market Structure Advisory CommitteePDF
83 FR 50865 - Approval and Promulgation of State Implementation Plans; North Dakota; Revisions to Infrastructure Requirements for All National Ambient Air Quality Standards; Carbon Monoxide (CO); Lead (Pb); Nitrogen Dioxide (NO2PDF
83 FR 50927 - VenPath, Inc.; Analysis To Aid Public CommentPDF
83 FR 50928 - SmartStart Employment Screening, Inc.; Analysis To Aid Public CommentPDF
83 FR 50932 - mResource LLC; Analysis To Aid Public CommentPDF
83 FR 50930 - IDmission LLC; Analysis To Aid Public CommentPDF
83 FR 50958 - Sodium Hexametaphosphate From China; Scheduling of an Expedited Five-Year ReviewPDF
83 FR 50916 - Notice of Complaint: Tipmont Rural Electric Member Cooperative v. Wabash Valley Power AuthorityPDF
83 FR 50901 - Defense Policy Board; Notice of Federal Advisory Committee MeetingPDF
83 FR 50913 - Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Sweetwater Solar, LLCPDF
83 FR 50911 - Combined Notice of Filings #1PDF
83 FR 50914 - Notice of Petition for Declaratory Order: NorthWestern CorporationPDF
83 FR 50916 - Mankato Energy Center II, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
83 FR 50920 - Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Flanders Energy LLCPDF
83 FR 50921 - Records Governing Off-the-Record Communications; Public NoticePDF
83 FR 50917 - Combined Notice of FilingsPDF
83 FR 50914 - Combined Notice of Filings #2PDF
83 FR 50915 - Combined Notice of Filings #1PDF
83 FR 50949 - Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as AmendedPDF
83 FR 50885 - Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment AssistancePDF
83 FR 50947 - Commonwealth of the Northern Mariana Islands; Major Disaster and Related DeterminationsPDF
83 FR 50884 - Availability of an Environmental Assessment for Field Testing of a Swine Influenza Vaccine, DNAPDF
83 FR 50949 - Guam; Major Disaster and Related DeterminationsPDF
83 FR 50885 - Oral Rabies Vaccine Trial; Availability of a Supplement to an Environmental Assessment and Finding of No Significant ImpactPDF
83 FR 50948 - New York; Major Disaster and Related DeterminationsPDF
83 FR 51022 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing of a Proposed Rule Change To Amend the Fee Schedule Regarding Connectivity Fees for Members and Non-Members; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove the Proposed Rule ChangePDF
83 FR 50976 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing of a Proposed Rule Change To Amend the Fee Schedule Regarding Connectivity Fees for Members and Non-Members; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove the Proposed Rule ChangePDF
83 FR 50897 - Request for Information Regarding Measurement Science Needs for Water Use Efficiency and Water Quality in Premise Plumbing SystemsPDF
83 FR 50872 - Pilot Program for Collaborative Research on Motor Vehicles With High or Full Driving AutomationPDF
83 FR 50975 - Submission for Review: Reinstatement of a Previously Approved Information Collection Without Change, Standard Form 2812, 2812-A, and OPM Form 1523PDF
83 FR 50948 - North Carolina; Amendment No. 2 to Notice of a Major Disaster DeclarationPDF
83 FR 50949 - California; Amendment No. 3 to Notice of a Major Disaster DeclarationPDF
83 FR 50947 - Hawaii; Amendment No. 4 to Notice of a Major Disaster DeclarationPDF
83 FR 50966 - NorthStar Group Services, Inc. on Behalf of Entergy Nuclear Vermont Yankee, LLC; Vermont Yankee Nuclear Power StationPDF
83 FR 50964 - NexEra Energy Duane Arnold, LLC; Duane Arnold Energy CenterPDF
83 FR 51020 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.14, Clearance and SettlementPDF
83 FR 50980 - Self-Regulatory Organizations; New York Stock Exchange LLC; Order Approving a Proposed Rule Change To Provide for the Listing of Exchange Traded Products With No Component NMS Stock Listed on the Exchange, Delete Obsolete Listing Rules for Exchange Traded Products and Amend Rules Regarding Unlisted Trading PrivilegesPDF
83 FR 50905 - High Energy Physics Advisory PanelPDF
83 FR 50999 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend, Reorganize and Enhance Membership, Registration and Qualification Rules, and To Make Conforming Changes to Certain Other RulesPDF
83 FR 51030 - Self-Regulatory Organizations; NYSE National, Inc.; Notice of Filing and Immediate Effectiveness of Amendments to Rules Regarding Qualification, Registration and Continuing Education Applicable to Equity Trading Permit HoldersPDF
83 FR 50981 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend, Reorganize and Enhance Membership, Registration and Qualification Rules and To Make Conforming Changes to Certain Other RulesPDF
83 FR 51027 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of Proposed Rule Change, as Modified by Amendment Nos. 4 and 6, To List and Trade Shares of the Amplify BlackSwan Growth & Treasury Core ETF Under Commentary .02 to NYSE Arca Rule 5.2-E(j)(3)PDF
83 FR 51015 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Align Existing Investigatory and Disciplinary Processes and Related Rules With the Investigatory and Disciplinary Processes and Related Rules of Nasdaq PHLX LLCPDF
83 FR 50936 - Privacy Act of 1974; System of RecordsPDF
83 FR 50946 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 50958 - Minor Boundary Revision at Harpers Ferry National Historical ParkPDF
83 FR 50912 - Andeavor Field Services LLC; Notice of Request for Temporary WaiverPDF
83 FR 50916 - Red Lake Falls Community Hybrid, LLC; Notice of Petition for EnforcementPDF
83 FR 50913 - Notice of Commission Staff AttendancePDF
83 FR 50919 - Commission Information Collection Activities (FERC-576); Comment Request; ExtensionPDF
83 FR 50922 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
83 FR 50823 - Amendment of Class D and Class E Airspace; Pensacola, FL, and Establishment of Class E Airspace; Milton, FLPDF
83 FR 50869 - Michigan: Proposed Authorization of State Hazardous Waste Management Program RevisionPDF
83 FR 50854 - Air Plan Approval; Illinois; Permit-by-Rule ProvisionsPDF
83 FR 50849 - Air Plan Approval; Minnesota; Infrastructure SIP Requirements for the 2012 PM2.5PDF
83 FR 50816 - Airworthiness Directives; GEVEN S.p.A. Seat Assemblies, Type D1-02 and D1-03PDF
83 FR 50838 - Significant New Use Rules on Certain Chemical SubstancesPDF
83 FR 50872 - Significant New Use Rules on Certain Chemical SubstancesPDF
83 FR 50814 - Airworthiness Directives; General Electric Company Turbofan EnginesPDF
83 FR 50886 - Certain Lined Paper Products From India: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017PDF
83 FR 50862 - Airworthiness Directives; Pratt & Whitney Division (PW) Turbofan EnginesPDF
83 FR 50860 - Airworthiness Directives; Pratt & Whitney Turbofan EnginesPDF
83 FR 50851 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Interstate Transport Requirements for the 2012 Fine Particulate Matter StandardPDF
83 FR 50818 - Airworthiness Directives; CFM International S.A. Turbofan EnginesPDF
83 FR 50821 - Airworthiness Directives; Hoffmann GmbH & Co. KG PropellersPDF
83 FR 51114 - Inadmissibility on Public Charge GroundsPDF
83 FR 51072 - Guidance Related to Section 951A (Global Intangible Low-Taxed Income)PDF

Issue

83 196 Wednesday, October 10, 2018 Contents Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments; Availability, etc.: Field Testing of a Swine Influenza Vaccine, DNA, 50884-50885 2018-21926 Oral Rabies Vaccine Trial, 50885 2018-21924 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50933-50936 2018-22007 2018-22008 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Privacy Act; Systems of Records, 50936 2018-21899 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50936-50938 2018-22020 Commerce Commerce Department See

Economic Development Administration

See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

Comptroller Comptroller of the Currency RULES Margin and Capital Requirements for Covered Swap Entities, 50805-50813 2018-22021 Defense Department Defense Department See

Navy Department

NOTICES Meetings: Defense Innovation Board, 50901-50902 2018-22023 Defense Policy Board, 50901 2018-21941
Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Petitions, 50885-50886 2018-21929 Education Department Education Department NOTICES Privacy Act; Matching Programs, 50903-50905 2018-22024 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Energy Conservation Program: Extension of Waiver to Apple, Inc. From Department of Energy External Power Supply Test Procedure, 50905-50907 2018-22004 Extension of Waiver to Panasonic Appliances Refrigeration Systems Corp. of America From Department of Energy Consumer Refrigerator and Refrigerator-Freezer Test Procedures, 50907-50909 2018-22003 Meetings: High Energy Physics Advisory Panel, 50905 2018-21905 Requests for Comments: Interpretation of High-Level Radioactive Waste, 50909-50911 2018-22002
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Illinois; Permit-by-Rule Provisions, 50854-50857 2018-21876 Minnesota; Infrastructure SIP Requirements for 2012 PM2.5 NAAQS; Multistate Transport, 50849-50851 2018-21875 Pennsylvania; Interstate Transport Requirements for 2012 Fine Particulate Matter Standard, 50851-50854 2018-21665 Significant New Use Rules on Certain Chemical Substances, 50838-50849 2018-21871 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: North Dakota; Revisions to Infrastructure Requirements for All National Ambient Air Quality Standards; Carbon Monoxide ; Lead; Nitrogen Dioxide; Ozone; Particle Pollution; Sulfur Dioxide; Recodification, 50865-50867 2018-21948 Oregon; Removal of Obsolete Regulations, 50867-50868 2018-22010 Significant New Use Rules on Certain Chemical Substances, 50872 2018-21870 State Hazardous Waste Management Program: Michigan, 50869-50872 2018-21883 NOTICES Meetings: Pesticide Program Dialogue Committee, 50921-50922 2018-22015 Farm Credit Farm Credit Administration RULES Margin and Capital Requirements for Covered Swap Entities, 50805-50813 2018-22021 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: CFM International S.A. Turbofan Engines, 50818-50820 2018-21508 General Electric Company Turbofan Engines, 50814-50816 2018-21863 GEVEN S.p.A. Seat Assemblies, Type D1-02 and D1-03, 50816-50818 2018-21872 Hoffmann GmbH and Co. KG Propellers, 50821-50822 2018-21507 Amendment of Class D and Class E Airspace; and Establishment of Class E Airspace: Pensacola, FL; and Milton, FL, 50823 2018-21884 PROPOSED RULES Airworthiness Directives: Pratt and Whitney Division (PW) Turbofan Engines, 50862-50864 2018-21694 Pratt and Whitney Turbofan Engines, 50860-50862 2018-21693 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50922-50926 2018-21889 2018-21960 Federal Deposit Federal Deposit Insurance Corporation RULES Margin and Capital Requirements for Covered Swap Entities, 50805-50813 2018-22021 NOTICES Meetings: Advisory Committee on Economic Inclusion, 50926 2018-21992 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster and Related Determinations: Commonwealth of Northern Mariana Islands, 50947 2018-21927 Guam, 50949 2018-21925 New York, 50948 2018-21923 Major Disaster Declarations: California; Amendment No. 3, 50949 2018-21916 Hawaii; Amendment No. 4, 50947-50948 2018-21915 North Carolina; Amendment No. 2, 50948-50949 2018-21917 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50919-50920 2018-21890 Combined Filings, 50911-50912, 50914-50919 2018-21931 2018-21932 2018-21933 2018-21934 2018-21939 Complaints: Tipmont Rural Electric Member Coop. v. Wabash Valley Power Authority, 50916-50917 2018-21942 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Flanders Energy, LLC, 50920-50921 2018-21936 Mankato Energy Center II, LLC, 50916 2018-21937 Sweetwater Solar, LLC, 50913 2018-21940 Petitions for Declaratory Orders: NorthWestern Corp., 50914 2018-21938 Petitions for Enforcement: Red Lake Falls Community Hybrid, LLC, 50916 2018-21892 Records Governing Off-the-Record Communications, 50921 2018-21935 Requests for Waivers: Andeavor Field Services, LLC, 50912-50913 2018-21893 Staff Attendances, 50913-50914 2018-21891 Federal Housing Finance Agency Federal Housing Finance Agency RULES Margin and Capital Requirements for Covered Swap Entities, 50805-50813 2018-22021 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 51042 2018-22117 2018-22123 Federal Reserve Federal Reserve System RULES Margin and Capital Requirements for Covered Swap Entities, 50805-50813 2018-22021 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 50926-50927 2018-21978 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Senior Executive Service Performance Review Board, 50927 2018-21970 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: IDmission, LLC, 50930-50932 2018-21944 mResource, LLC, 50932-50933 2018-21945 SmartStart Employment Screening, Inc., 50928-50930 2018-21946 VenPath, Inc., 50927-50928 2018-21947 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Recovery Permit Applications, 50951-50955 2018-21968 Food and Drug Food and Drug Administration NOTICES Guidance: Assessing Adhesion With Transdermal and Topical Delivery Systems for Abbreviated New Drug Applications, 50942-50943 2018-21959 Assessing the Irritation and Sensitization Potential of Transdermal and Topical Delivery Systems for Abbreviated New Drug Applications, 50945-50946 2018-21958 Product-Specific Guidances, 50943-50945 2018-21957 International Drug Scheduling: Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; ADB-FUBINACA; ADB-CHMINACA; Cyclopropyl Fentanyl; Methoxyacetyl Fentanyl; para-Fluoro Butyrfentanyl; Tramadol; Pregabalin; Cannabis Plant and Resin; and Eight Additional Substances, 50938-50942 2018-21954 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 51047-51068 2018-21955 2018-21956 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Patheon Softgels; Foreign-Trade Zone 230; Greensboro, NC, 50886 2018-21981 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

Homeland Homeland Security Department See

Federal Emergency Management Agency

PROPOSED RULES Inadmissibility on Public Charge Grounds, 51114-51296 2018-21106 NOTICES Determinations: Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 50949-50951 2018-21930
Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

Internal Revenue Internal Revenue Service PROPOSED RULES Availability of Additional Guidance Under Section 965, 50864 2018-22022 Guidance: Global Intangible Low-Taxed Income, 51072-51111 2018-20304 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51068-51069 2018-21997 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Lined Paper Products From India, 50886-50888, 50896-50897 2018-21850 2018-21984 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico, 50888-50891 2018-21985 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Republic of Korea, 50892-50894 2018-21980 Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China, 50891-50892 2018-21987 Stainless Steel Butt-Weld Pipe Fittings From the Philippines, 50894-50896 2018-21983 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Sodium Hexametaphosphate From China, 50958-50959 2018-21943 Land Land Management Bureau NOTICES Plats of Surveys: Alaska; Correction, 50956-50957 2018-21964 Montana, 50957-50958 2018-22027 Public Land Orders: Partial Revocation of Withdrawal Established by Secretarial Orders, Klamath River Project, CA, 50956 2018-22032 Realty Actions: Classification for Lease and/or Conveyance for Recreation and Public Purposes of Public Lands for Elementary School in Southwest Portion of Las Vegas Valley, Clark County, NV, 50955 2018-22026 Reopen Comment Period on Withdrawal Application and of Public Meeting in Methow Valley, WA, 50957 2018-22031 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 50959-50961 2018-22190 National Archives National Archives and Records Administration NOTICES Records Schedules, 50961-50962 2018-21996 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Credit Union Service Organizations, 50962-50963 2018-21994 National Highway National Highway Traffic Safety Administration PROPOSED RULES Pilot Program for Collaborative Research on Motor Vehicles with High or Full Driving Automation, 50872-50883 2018-21919 National Institute National Institute of Standards and Technology NOTICES Requests for Information: Measurement Science Needs for Water Use Efficiency and Water Quality in Premise Plumbing Systems, 50897-50899 2018-21920 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 50946-50947 2018-21898 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 50857-50859 2018-21991 NOTICES Meetings: Fisheries of the Caribbean; Southeast Data, Assessment, and Review, 50899-50900 2018-21977 New England Fishery Management Council, 50900-50901 2018-21982 Pacific Fishery Management Council, 50900 2018-21986 National Park National Park Service NOTICES Minor Boundary Revision at Harpers Ferry National Historical Park, 50958 2018-21896 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 50963 2018-22135 Navy Navy Department NOTICES Exclusive Patent Licenses; Approvals: Aviation Devices and Electronic Components, LLC, 50903 2018-21962 CHEMEON Surface Technology, LLC, 50903 2018-21961 Meetings: Naval Academy Board of Visitors, 50902-50903 2018-21990 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50969-50970 2018-21988 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Medical Examination by Facility Licensee, 50963-50964 2018-21976 Personal Qualification Statement—Licensee, 50970-50971 2018-21993 Dry Storage and Transportation of High Burnup Spent Nuclear Fuel, 50965-50966 2018-21974 Environmental Assessments; Availability, etc.: NorthStar Group Services, Inc. on behalf of Entergy Nuclear Vermont Yankee, LLC; Vermont Yankee Nuclear Power Station, 50966-50969 2018-21914 License Applications; Amendments: NexEra Energy Duane Arnold, LLC; Duane Arnold Energy Center, 50964-50965 2018-21913 Vistra Operations Co., LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2, 50971-50975 2018-22016 Meetings; Sunshine Act, 50966 2018-22066 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50975 2018-21918 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permit Applications: Hazardous Materials, 51042-51045 2018-22017 2018-22018 2018-22019 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: German-American Day (Proc. 9799), 51297-51300 2018-22232 National Manufacturing Day (Proc. 9798), 50803-50804 2018-22186 Presidio Presidio Trust RULES Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt Collection Regulations, 50826-50838 2018-21969 Securities Securities and Exchange Commission NOTICES Meetings: Fixed Income Market Structure Advisory Committee, 51026-51027 2018-21953 Self-Regulatory Organizations; Proposed Rule Changes: Miami International Securities Exchange, LLC, 50976-50980 2018-21921 MIAX PEARL, LLC, 51022-51026 2018-21922 Nasdaq BX, Inc., 50999-51015 2018-21904 Nasdaq PHLX, LLC, 50981-50999 2018-21902 Nasdaq Stock Market, LLC, 51015-51020 2018-21900 New York Stock Exchange, LLC, 50980-50981, 51020-51022 2018-21907 2018-21909 NYSE Arca, Inc., 51027-51030 2018-21901 NYSE National, Inc., 51030-51040 2018-21903 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51040-51041 2018-21975 State Department State Department RULES Organization, 50823-50826 2018-22011 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Norfolk Southern Railway Co., Detroit, MI, 51041-51042 2018-21999 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

National Highway Traffic Safety Administration

See

Pipeline and Hazardous Materials Safety Administration

NOTICES Meetings: National Advisory Committee on Travel and Tourism Infrastructure, 51045-51047 2018-21998 2018-22001
Treasury Treasury Department See

Comptroller of the Currency

See

Foreign Assets Control Office

See

Internal Revenue Service

Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 51072-51111 2018-20304 Part III Homeland Security Department, 51114-51296 2018-21106 Part IV Presidential Documents, 51297-51300 2018-22232 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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83 196 Wednesday, October 10, 2018 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 45 [Docket No. OCC-2018-0003] RIN 1557-AE29 FEDERAL RESERVE SYSTEM 12 CFR Part 237 [Docket No. R-1596] RIN 7100-AE96 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 349 RIN 3064-AE70 FARM CREDIT ADMINISTRATION 12 CFR Part 624 RIN 3052-AD28 FEDERAL HOUSING FINANCE AGENCY 12 CFR Part 1221 RIN 2590-AA92 Margin and Capital Requirements for Covered Swap Entities; Final Rule AGENCY:

Office of the Comptroller of the Currency, Treasury (OCC); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); Farm Credit Administration (FCA); and the Federal Housing Finance Agency (FHFA).

ACTION:

Final rule.

SUMMARY:

The Board, OCC, FDIC, FCA, and FHFA (each an Agency and, collectively, the Agencies) are adopting amendments to their rules establishing minimum margin requirements for registered swap dealers, major swap participants, security-based swap dealers, and major security-based swap participants (Swap Margin Rule). These amendments conform the Swap Margin Rule to rules recently adopted by the Board, the OCC, and the FDIC that impose restrictions on certain qualified financial contracts, including certain non-cleared swaps subject to the Swap Margin Rule (the QFC Rules). Specifically, the final amendments to the Swap Margin Rule conform the definition of “Eligible Master Netting Agreement” to the definition of “Qualifying Master Netting Agreement” in the QFC Rules. The amendment to the Swap Margin Rule ensures that netting agreements of firms subject to the Swap Margin Rule are not excluded from the definition of “Eligible Master Netting Agreement” based solely on their compliance with the QFC Rules. The amendment also ensures that margin amounts required for non-cleared swaps covered by agreements that otherwise constitute Eligible Master Netting Agreements can continue to be calculated on a net portfolio basis, notwithstanding changes to those agreements that will be made in some instances by firms revising their netting agreements to achieve compliance with the QFC Rules. In addition, for any non-cleared swaps that were “entered into” before the compliance dates of the Swap Margin Rules—and which are accordingly grandfathered from application of the rule's margin requirements—the amendments state that any changes to netting agreements that are required to conform to the QFC Rules will not render grandfathered swaps covered by that netting agreement as “new” swaps subject to the Swap Margin Rule.

DATES:

The final rule is effective November 9, 2018.

FOR FURTHER INFORMATION CONTACT:

OCC: Allison Hester-Haddad, Counsel, Chief Counsel's Office, (202) 649-5490, for persons who are deaf or hearing impaired, TTY (202) 649-5597, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219.

Board: Peter Clifford, Manager, 202-785-6057, or Christopher Powell, Supervisory Financial Analyst, 202-452-3442, or Kelly Tomera, Financial Analyst, (202) 912-7861, Division of Supervision and Regulation; Patricia Yeh, Senior Counsel, (202) 452-3089, or Jason Shafer, Senior Attorney, (202) 728-5811, Legal Division, Board of Governors of the Federal Reserve System, 20th and C Streets NW, Washington, DC 20551.

FDIC: Irina Leonova, Senior Policy Analyst, Capital Markets Branch, Division of Risk Management Supervision, (202) 898-3843, [email protected]; Phillip E. Sloan, Counsel, Legal Division, [email protected], (703) 562-6137, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429.

FCA: J.C. Floyd, Associate Director, Finance & Capital Markets Team, Timothy T. Nerdahl, Senior Policy Analyst, Jeremy R. Edelstein, Senior Policy Analyst, Office of Regulatory Policy, (703) 883-4414, TTY (703) 883-4056, or Richard A. Katz, Senior Counsel, Office of General Counsel, (703) 883-4020, TTY (703) 883-4056, Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.

FHFA: Ron Sugarman, Principal Policy Analyst, Office of Policy Analysis and Research, (202) 649-3208, [email protected], or James Jordan, Assistant General Counsel, Office of General Counsel, (202) 649-3075, [email protected], Federal Housing Finance Agency, Constitution Center, 400 7th St. SW, Washington, DC 20219. The telephone number for the Telecommunications Device for the Hearing Impaired is (800) 877-8339.

I. Background A. The Swap Margin Rule

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) was enacted on July 21, 2010.1 Title VII of the Dodd-Frank Act established a comprehensive new regulatory framework for derivatives, which the Dodd-Frank Act generally characterizes as “swaps” (swap is defined in section 721 of the Dodd-Frank Act to include, among other things, an interest rate swap, commodity swap, equity swap, and credit default swap) and “security-based swaps” (security-based swap is defined in section 761 of the Dodd-Frank Act to include a swap based on a single security or loan or on a narrow-based security index).2 For the remainder of this preamble, the term “swaps” refers to swaps and security-based swaps unless the context requires otherwise.

1 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010).

2See 7 U.S.C. 1a(47); 15 U.S.C. 78c(a)(68).

Sections 731 and 764 of the Dodd-Frank Act required the Office of the Comptroller of the Currency (OCC); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); Farm Credit Administration (FCA); and the Federal Housing Finance Agency (FHFA) (collectively, the Agencies) to adopt rules jointly that establish capital and margin requirements for swap entities 3 that are prudentially regulated by one of the Agencies (covered swap entities),4 to offset the greater risk to the covered swap entity and the financial system arising from swaps that are not cleared by a registered derivatives clearing organization or a registered clearing agency (non-cleared swaps).5 On November 30, 2015, the Agencies published a joint final rule (Swap Margin Rule) to establish minimum margin and capital requirements for covered swap entities.6

3See 7 U.S.C. 6s; 15 U.S.C. 78o-10. Sections 731 and 764 of the Dodd-Frank Act added a new section 4s to the Commodity Exchange Act of 1936, as amended, and a new section, section 15F, to the Securities Exchange Act of 1934, as amended, respectively, which require registration with the Commodity Futures Trading Commission (CFTC) of swap dealers and major swap participants and the U.S. Securities and Exchange Commission (SEC) of security-based swap dealers and major security-based swap participants (each a swap entity and, collectively, swap entities). The CFTC is vested with primary responsibility for the oversight of the swaps market under Title VII of the Dodd-Frank Act. The SEC is vested with primary responsibility for the oversight of the security-based swaps market under Title VII of the Dodd-Frank Act. Section 712(d)(1) of the Dodd-Frank Act requires the CFTC and SEC to issue joint rules further defining the terms swap, security-based swap, swap dealer, major swap participant, security-based swap dealer, and major security-based swap participant. The CFTC and SEC issued final joint rulemakings with respect to these definitions in May 2012 and August 2012, respectively. See 77 FR 30596 (May 23, 2012); 77 FR 39626 (July 5, 2012) (correction of footnote in the Supplementary Information accompanying the rule); and 77 FR 48207 (August 13, 2012). 17 CFR part 1; 17 CFR parts 230, 240 and 241.

4 Section 1a(39) of the Commodity Exchange Act of 1936, as amended, defines the term “prudential regulator” for purposes of the margin requirements applicable to swap dealers, major swap participants, security-based swap dealers and major security-based swap participants. The Board is the prudential regulator for any swap entity that is (i) a state-chartered bank that is a member of the Federal Reserve System, (ii) a state-chartered branch or agency of a foreign bank, (iii) a foreign bank which does not operate an insured branch, (iv) an organization operating under section 25A of the Federal Reserve Act of 1913, as amended, or having an agreement with the Board under section 25 of the Federal Reserve Act, or (v) a bank holding company, a foreign bank that is treated as a bank holding company under section 8(a) of the International Banking Act of 1978, as amended, or a savings and loan holding company (on or after the transfer date established under section 311 of the Dodd-Frank Act), or a subsidiary of such a company or foreign bank (other than a subsidiary for which the OCC or the FDIC is the prudential regulator or that is required to be registered with the CFTC or SEC as a swap dealer or major swap participant or a security-based swap dealer or major security-based swap participant, respectively). The OCC is the prudential regulator for any swap entity that is (i) a national bank, (ii) a federally chartered branch or agency of a foreign bank, or (iii) a Federal savings association. The FDIC is the prudential regulator for any swap entity that is (i) a State-chartered bank that is not a member of the Federal Reserve System, or (ii) a State savings association. The FCA is the prudential regulator for any swap entity that is an institution chartered under the Farm Credit Act of 1971, as amended. The FHFA is the prudential regulator for any swap entity that is a “regulated entity” under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended (i.e., the Federal National Mortgage Association and its affiliates, the Federal Home Loan Mortgage Corporation and its affiliates, and the Federal Home Loan Banks). See 7 U.S.C. 1a(39).

5See 7 U.S.C. 6s(e)(3)(A); 15 U.S.C. 78o-10(e)(3)(A).

6 80 FR 74840 (November 30, 2015).

In the Swap Margin Rule, the Agencies adopted a risk-based approach for initial and variation margin requirements for covered swap entities.7 To implement the risk-based approach, the Agencies established requirements for a covered swap entity to collect and post initial margin for non-cleared swaps with a counterparty that is either: (1) A financial end user with material swaps exposure,8 or (2) a swap entity.9 A covered swap entity must collect and post variation margin for non-cleared swaps with all swap entities and financial end user counterparties, even if such financial end users do not have material swaps exposure.10 Other counterparties, including nonfinancial end users, are not subject to specific, numerical minimum requirements for initial and variation margin.11

7 80 FR 74843.

8 “Material swaps exposure” for an entity means that the entity and its affiliates have an average daily aggregate notional amount of non-cleared swaps, non-cleared security-based swaps, foreign exchange forwards, and foreign exchange swaps with all counterparties for June, July, and August of the previous calendar year that exceeds $8 billion, where such amount is calculated only for business days. See § __.2 of the Swap Margin Rule.

9See §§ __.3 and __.4 of the Swap Margin Rule.

10Id.

11Id.

The effective date for the Swap Margin Rule was April 1, 2016, but the Agencies established a phase-in compliance schedule for the initial margin and variation margin requirements.12 On or after March 1, 2017, all covered swap entities were required to comply with the variation margin requirements for non-cleared swaps with other swap entities and financial end user counterparties. By September 1, 2020, all covered swap entities will be required to comply with the initial margin requirements for non-cleared swaps with all financial end users with a material swaps exposure and all swap entities.

12 The applicable compliance date for a covered swap entity is based on the average daily aggregate notional amount of non-cleared swaps, foreign exchange forwards and foreign exchange swaps of the covered swap entity and its counterparty (accounting for their respective affiliates) for each business day in March, April and May of that year. The applicable compliance dates for initial margin requirements, and the corresponding average daily notional thresholds, are: September 1, 2016, $3 trillion; September 1, 2017, $2.25 trillion; September 1, 2018, $1.5 trillion; September 1, 2019, $0.75 trillion; and September 1, 2020, all swap entities and counterparties. See § __.1(e) of the Swap Margin Rule.

The Swap Margin Rule's requirements apply only to a non-cleared swap entered into on or after the applicable compliance date (covered swap); a non-cleared swap entered into prior to a covered swap entity's applicable compliance date (legacy swap) is generally not subject to the margin requirements in the Swap Margin Rule.13 However, the compliance date provisions of the Swap Margin Rule contain no safe harbor from the rule's application to a legacy swap that is later amended or novated on or after the applicable compliance date.14

13See § __.1(e) of the Swap Margin Rule.

14See 80 FR 74850-51 (discussing commenters' requests for addition of three safe-harbors to the Swap Margin Rule and the Agencies' rationale for rejecting those requests).

Whether a non-cleared swap is deemed to be a legacy swap or a covered swap also affects the treatment of a covered swap entity's netting portfolios. The Swap Margin Rule permits a covered swap entity to (1) calculate initial margin requirements for covered swaps under an eligible master netting agreement (EMNA) with a counterparty on a portfolio basis in certain circumstances, if it does so using an initial margin model; and (2) calculate variation margin on an aggregate net basis under an EMNA.15 In addition, the Swap Margin Rule permits swap counterparties to identify one or more separate netting portfolios under an EMNA, including netting sets of covered swaps and netting sets of non-cleared swaps that are not subject to margin requirements.16 Specifically, a netting portfolio that contains only legacy swaps is not subject to the margin requirements set out in the Swap Margin Rule.17 However, if a netting portfolio contains any covered swaps, the entire netting portfolio is subject to the margin requirements of the Swap Margin Rule.18

15See §§ _.2 and _.5 of the Swap Margin Rule.

16 Typically, this is accomplished by using a separate Credit Support Annex for each netting set, subject to the terms of a single master netting agreement.

17See §§ __.2 and __.5 of the Swap Margin Rule.

18Id.

B. The QFC Rules

As part of the broader regulatory reform effort following the financial crisis to increase the resolvability and resiliency of U.S. global systemically important banking institutions 19 (U.S. GSIBs) and the U.S. operations of foreign GSIBs (together, GSIBs),20 the Board, the OCC, and the FDIC adopted final rules that establish restrictions on and requirements for certain non-cleared swaps and other financial contracts (collectively, Covered QFCs) of GSIBs and their subsidiaries (the QFC Rules).21

19See 12 CFR 217.402 (defining global systemically important banking institution). The eight firms currently identified as U.S. GSIBs are Bank of America Corporation, The Bank of New York Mellon Corporation, Citigroup Inc., Goldman Sachs Group, Inc., JP Morgan Chase & Co., Morgan Stanley Inc., State Street Corporation, and Wells Fargo & Company.

20 The U.S. operations of 21 foreign GSIBs are currently subject to the Board's QFC Rule.

21 The QFC Rules are codified as follows: 12 CFR part 47 (OCC's QFC Rule); 12 CFR part 252, subpart I (Board's QFC Rule); 12 CFR part 382 (FDIC's QFC Rule). The QFC Rules include a phased-in conformance period for a Covered QFC Entity that varies depending upon the counterparty type of the Covered QFC Entity. The first conformance date is January 1, 2019, and applies to Covered QFCs with GSIBs. The QFC Rules provide Covered QFC Entities an additional six months or one year to conform its Covered QFCs with other types of counterparties.

The Board's QFC Rule applies to U.S. GSIBs and their subsidiaries, as well as other U.S. operations of foreign GSIBs, with the exception of banks regulated by the FDIC or OCC, Federal branches, or Federal agencies. The FDIC's QFC Rule applies to GSIB subsidiaries that are state savings associations and state-chartered banks that are not members of the Federal Reserve System. The OCC's QFC Rule applies to national bank subsidiaries and Federal savings association subsidiaries of GSIBs, and Federal branches and agencies of foreign GSIBs.

Subject to certain exemptions, the QFC Rules require U.S. GSIBs, together with their subsidiaries, and the U.S. operations of foreign GSIBs (each a Covered QFC Entity and, collectively, Covered QFC Entities) to conform Covered QFCs to the requirements of the rules.22 The QFC Rules generally require the Covered QFCs of Covered QFC Entities to contain contractual provisions that opt into the “temporary stay-and-transfer treatment” of the Federal Deposit Insurance Act (FDI Act) 23 and title II of the Dodd-Frank Act, thereby reducing the risk that the stay-and-transfer treatment would be challenged by a Covered QFC Entity's counterparty or a court in a foreign jurisdiction.24 The temporary stay-and-transfer treatment is part of the special resolution framework for failed financial firms created by the FDI Act and title II of the Dodd-Frank Act. The stay-and-transfer treatment provides that the rights of a failed insured depository institution's or financial company's counterparties to terminate, liquidate, or net certain qualified financial contracts on account of the appointment of the FDIC as receiver for the entity (or the insolvency or financial condition of the entity for which the FDIC has been appointed receiver) are temporarily stayed when the entity enters a resolution proceeding to allow for the transfer of the failed firm's Covered QFCs to a solvent party.25 The QFC Rules also generally prohibit Covered QFCs from allowing the exercise of default rights related, directly or indirectly, to the entry into resolution of an affiliate of the Covered QFC Entity (cross-default rights).26

22 To the extent a U.S. GSIB, any of its subsidiaries, or the U.S. operations of a foreign GSIB include a swap entity for which one of the Agencies is a prudential regulator, a Covered QFC Entity may be a covered swap entity.

23 12 U.S.C. 1811 et seq.

24 12 CFR part 47; 12 CFR part 252, subpart I; 12 CFR part 382.

25 12 U.S.C. 1821(e)(10)(B), 5390(c)(10)(B). Title II of the Dodd-Frank Act also provides the FDIC with the power to enforce Covered QFCs (and other contracts) of subsidiaries and affiliates of the financial company for which the FDIC has been appointed receiver. 12 U.S.C. 5390(c)(16); 12 CFR 380.12.

26See supra note 24.

C. The Definitions of Qualifying Master Netting Agreement

As part of the QFC Rules, the Federal banking agencies amended the definition of qualifying master netting agreement (QMNA) in their capital and liquidity rules to prevent the QFC Rules from having disruptive effects on the treatment of netting sets of Board-regulated firms, OCC-regulated firms, and FDIC-regulated firms.27 The FCA plans to propose several technical and clarifying amendments to its capital regulations, including a revision to the definition of QMNA so it continues to be identical to both the definition in the regulations of the Federal banking agencies' regulatory capital and liquidity rules, and the amended definition of EMNA in this rulemaking.28

27 82 FR 42882, 42915; 82 FR 50228, 50258; 82 FR 56630, 56659.

28See FCA's Fall 2018 Unified Agenda (www.RegInfo.gov). The FCA's Tier 1/Tier 2 Capital Framework's existing definition of QMNA is identical to the previous definition of QMNA used in the Federal banking agencies' capital and liquidity rules.

The amendments to the Federal banking agencies' capital and liquidity rules were necessary because the previous QMNA definition did not recognize some of the new close-out restrictions on Covered QFCs imposed by the QFC Rules.29 Pursuant to the previous definition of QMNA, a banking organization's rights under a QMNA generally could not be stayed or avoided in the event of its counterparty's default. However, the definition of QMNA permitted certain exceptions to this general prohibition to accommodate certain restrictions on the exercise of default rights that are important to the prudent resolution of a banking organization, including a limited stay under a special resolution regime, such as title II of the Dodd-Frank Act, the FDI Act, and comparable foreign resolution regimes. The previous QMNA definition did not explicitly recognize all the restrictions on the exercise of cross-default rights.30 Therefore, a master netting agreement that complies with the QFC Rules by limiting the rights of a Covered QFC Entity's counterparty to close out against the Covered QFC Entity would not meet the previous QMNA definition. A failure to meet the definition of QMNA would result in a banking organization subject to one of the Federal banking agencies' capital and liquidity rules losing the ability to net offsetting exposures under its applicable capital and liquidity requirements when its counterparty is a Covered QFC Entity. If netting were not permitted, the banking organization would be required to calculate its capital and liquidity requirements relating to certain Covered QFCs on a gross basis rather than on a net basis, which would typically result in higher capital and liquidity requirements. The Federal banking agencies do not believe that such an outcome would accurately reflect the risks posed by the affected Covered QFCs.

29 12 CFR 3.2 (2017); 12 CFR 50.3 (2017); 12 CFR 217.2 (2017); 12 CFR 249.3 (2017); 12 CFR 324.2; 12 CFR 329.3.

30See, e.g., 12 CFR 252.84(b)(1).

The amendments to the QMNA definition maintain the netting treatment for these contracts under the Federal banking agencies' capital and liquidity rules. The amendments permit a master netting agreement to meet the definition of QMNA even if it limits the banking organization's right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default of a counterparty that is a Covered QFC Entity to the extent necessary for the Covered QFC Entity to comply fully with the QFC Rules. The amended definition of QMNA continues to recognize that default rights may be stayed if the defaulting counterparty is in resolution under the Dodd-Frank Act, the FDI Act, a substantially similar law applicable to government-sponsored enterprises, or a substantially similar foreign law, or where the agreement is subject by its terms to, or incorporates, any of those laws. By recognizing these required restrictions on the ability of a banking organization to exercise close-out rights when its counterparty is a Covered QFC Entity, the amended definition allows a master netting agreement that includes such restrictions to continue to meet the definition of QMNA under the Federal banking agencies' capital and liquidity rules.

II. Discussion of the Final Rule

On February 21, 2018, the Agencies published a request for comment on a proposed rule to amend the definition of EMNA in the Swap Margin Rule and to clarify the impact of the amendment on legacy swaps.31 The Agencies are adopting the proposed rule as final without change. The final amendment clarifies that a master netting agreement meets the definition of EMNA under the Swap Margin Rule when the agreement limits the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default of the counterparty to the extent necessary for the counterparty to comply with the requirements of the QFC Rules. This final rule text is identical to the corresponding text used in the amended definition of QMNA in the Federal banking agencies' capital and liquidity rules.

31 83 FR 7413 (February 21, 2018).

In addition, the Agencies are adopting as proposed the amendment to the Swap Margin Rule that provides that amendments made to an EMNA that a firm enters into solely to comply with the QFC Rules will not be taken into account for purposes of determining the date on which swaps subject to that agreement were entered into. This amendment establishes that a legacy swap will not be deemed a covered swap under the Swap Margin Rule if it is amended solely to comply with one of the QFC Rules. For example, to comply with the restrictions on Covered QFCs, a Covered QFC Entity may directly amend the contractual provisions of its Covered QFCs or, alternatively, cause its Covered QFCs to be subject to the International Swaps and Derivatives Association 2015 Resolution Stay Protocol (Universal Protocol) or the U.S. Protocol, as defined in the QFC Rules. The Swap Margin Rule amendment will provide certainty to a covered swap entity and its counterparties about the treatment of legacy swaps and any applicable netting arrangements in light of the QFC Rules.

The Agencies received five substantive comments on the proposal. All five substantive comments generally supported the proposed amendment clarifying the treatment of legacy swaps, while two of the comments also specifically expressed support for the proposed amendment to the definition of EMNA. Two comments raised issues unrelated to the proposal.32

32 A comment urging a change to the inter-affiliate provisions of the Swap Margin Rule and a comment requesting that the Agencies clarify that a legacy swap that is amended or novated not be subject to margin requirements if it is entered into by special purpose vehicles for purposes of a certain securitization transaction are outside the scope of the proposal.

As described below, three of the comments also recommended alternative approaches to clarify the treatment of legacy swaps. One comment stated that it supported the proposed amendment on the treatment of a legacy swap after it is amended to comply with a QFC Rule because such an amendment does not change the economic nature of the original transaction and therefore would not require such legacy swap to become subject to margin requirements.

The three comments that recommended alternatives to the proposed amendment on the treatment of legacy swaps urged the Agencies to issue guidance that clarifies certain “non-material” amendments will not result in a legacy swap becoming subject to margin requirements rather than adopting the proposed amendment. Specifically, a comment requested that the Agencies, in consultation with global authorities, issue guidance that provides clarity on the circumstances under which a legacy swap is considered a new swap. This comment also recommended that such guidance should make clear that non-material amendments (i.e., administrative amendments, contract-intrinsic events, risk-reducing amendments, and amendments required by regulation or legislation) would not cause a legacy swap to be treated as a new swap subject to the Swap Margin Rule. This same commenter also recommended that in the near term the Agencies should clarify the effect of amendments to legacy swaps related to: (i) Ring fencing of derivative transactions into non-bank entities; (ii) interest rate benchmark reform, such as the movement away from LIBOR; and (iii) novations or other amendments necessitated by the United Kingdom leaving the European Union. Another comment recommended that, instead of adopting the proposal as a final rule, the Agencies issue principles-based guidance that clarifies that certain amendments to legacy swaps, including risk-reducing amendments and amendments made to satisfy other regulatory requirements, do not require such legacy swap to become a covered swap, and therefore, subject to margin requirements. This comment requested that, if the Agencies decide to adopt the proposed amendments to the Swap Margin Rule, the amendment should be described as a “safe harbor” that is intended to provide clarity to the industry and, thus, should not imply that other immaterial amendments would cause a legacy swap to become subject to margin requirements.

The Agencies are adopting the amendment to the Swap Margin Rule as proposed. Under the final rule, revisions to a master netting agreement that comply with the QFC Rules will not cause the agreement to fall out of the Swap Margin Rule's EMNA definition. The Agencies' approach provides clarity and certainty to swap market participants as to the effect of changes required by the QFC Rules. Further changes requested by the commenters are not within the scope of the Agencies' proposal, so the Agencies are not making revisions to address those comments. As explained in the preamble to the Swap Margin Rule, the Agencies declined to include language requested by commenters in the rule that would classify certain new swap transactions as being “entered into prior to the compliance date.” The Agencies noted that doing so could create significant incentives to engage in amendments and novations for the purpose of evading the margin requirement. The Agencies further explained that limiting the extension to “material” amendments or “legitimate” novations would be difficult to effect within the final rule because the specific motivation for an amendment or novation is generally not observable, and such classifications would make the process of identifying those swaps to which the rule applies overly complex and non-transparent.33

33See 80 FR 78450-51.

As the Agencies continue to assess industry developments such as interest rate benchmark reform, the Agencies will take into account any associated implementation ramifications surrounding the treatment of legacy swaps under the Swap Margin Rule.

III. Regulatory Analysis A. Paperwork Reduction Act

OCC: In accordance with 44 U.S.C. 3512, the OCC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC reviewed the final rule and concluded that it contains no requirements subject to the PRA.

Board: In accordance with section 3512 of the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521), the Board may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The Board reviewed the final rule under the authority delegated to it by OMB. The rule contained no requirements subject to the PRA, and the Board received no comments on its PRA analysis in the proposed rule. The final rule adopts the proposed rule as proposed, and contains no requirements subject to the PRA.

FDIC: In accordance with the requirements of the PRA, the FDIC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The FDIC reviewed the final rule and concludes that it contains no requirements subject to the PRA. Therefore, no submission will be made to OMB for review.

FCA: The FCA has determined that the final rule does not involve a collection of information pursuant to the Paperwork Reduction Act for Farm Credit System institutions because Farm Credit System institutions are Federally chartered instrumentalities of the United States and instrumentalities of the United States are specifically excepted from the definition of “collection of information” contained in 44 U.S.C. 3502(3).

FHFA: The final rule amendments do not contain any collections of information pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Therefore, FHFA has not submitted any information to the Office of Management and Budget for review.

B. Final Regulatory Flexibility Analysis

OCC: In general, the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) requires that in connection with a rulemaking, an agency prepare and make available for public comment a regulatory flexibility analysis that describes the impact of the rule on small entities. Under section 605(b) of the RFA, this analysis is not required if an agency certifies that the rule will not have a significant economic impact on a substantial number of small entities and publishes its certification and a brief explanatory statement in the Federal Register along with its rule.

The OCC currently supervises approximately 886 small entities.34 Among these 886 small entities, 61 might be affected by the final rule if the small entities are a party to a QFC that falls within the scope of the QFC Rules and must be amended to comply with those rules. Because the OCC assumes that the standards set forth in the final rule will be implemented by OCC-supervised small entities before any of them are required to comply with the QFC Rules, the OCC believes that the final rule will not result in savings—or more than de minimis costs—for OCC-supervised entities. Therefore, the OCC certifies that the final rule will not have a significant economic impact on a substantial number of small OCC-regulated entities.

34 The OCC bases its estimate of the number of small entities on the SBA's size thresholds for commercial banks and savings institutions, and trust companies, which are $550 million and $38.5 million, respectively. Consistent with the General Principles of Affiliation 13 CFR 121.103(a), the OCC counts the assets of affiliated financial institutions when determining if we should classify an OCC-supervised institution as a small entity. The OCC uses December 31, 2017, to determine size because a “financial institution's assets are determined by averaging the assets reported on its four quarterly financial statements for the preceding year.” See footnote 8 of the U.S. Small Business Administration's Table of Size Standards.

Board: The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (the “RFA”), generally requires that an agency prepare and make available for public comment an initial regulatory flexibility analysis in connection with a notice of proposed rulemaking.35 The Board solicited public comment on this rule in a notice of proposed rulemaking 36 and has since considered the potential impact of this final rule on small entities in accordance with section 604 of the RFA. Based on the Board's analysis, and for the reasons stated below, the Board certifies that the final rule will not have a significant economic impact on a substantial number of small entities.

35See 5 U.S.C. 603(a).

36See 83 FR 7413 (February 21, 2018).

1. Statement of the need for, and objectives of, the final rule. As described above, the final rule amends the definition of Eligible Master Netting Agreement in the Swap Margin Rule so that it remains harmonized with the amended definition of “Qualifying Master Netting Agreement” in the Federal banking agencies' regulatory capital and liquidity rules. The final rule also makes clear that a legacy swap (i.e., a non-cleared swap entered into before the applicable compliance date) that is not subject to the requirements of the Swap Margin Rule will not be deemed a covered swap under the Swap Margin Rule if it is amended solely to conform to the QFC Rules.

2. Summary of the significant issues raised by public comment on the Board's initial analysis, the Board's assessment of such issues, and a statement of any changes made as a result of such comments. Commenters did not raise any issues in response to the initial RFA analysis. The Chief Counsel for the Advocacy of the Small Business Administration (“SBA”) did not file any comments in response to the proposed rule.

3. Description and estimate of number of small entities to which the final rule will apply. This final rule applies to financial institutions that are covered swap entities (CSEs) that are subject to the requirements of the Swap Margin Rule. Under SBA regulations, the finance and insurance sector includes commercial banking, savings institutions, credit unions, other depository credit intermediation and credit card issuing entities (financial institutions). With respect to financial institutions that are CSEs under the Swap Margin Rule, a financial institution generally is considered small if it has assets of $550 million or less.37 CSEs would be considered financial institutions for purposes of the RFA in accordance with SBA regulations. The Board does not expect that any CSE is likely to be a small financial institution, because a small financial institution is unlikely to engage in the level of swap activity that would require it to register as a swap dealer or a major swap participant with the CFTC or a security-based swap dealer or security-based major swap participant with the SEC.38 None of the current Board-regulated CSEs are small entities.

37See 13 CFR 121.201 (effective December 2, 2014); see also 13 CFR 121.103(a)(6) (noting factors that the SBA considers in determining whether an entity qualifies as a small business, including receipts, employees, and other measures of its domestic and foreign affiliates).

38 The CFTC has published a list of provisionally registered swap dealers as of October 17, 2017 that does not include any small financial institutions. See http://www.cftc.gov/LawRegulation/DoddFrankAct/registerswapdealer. The SEC has not yet imposed a registration requirement on entities that meet the definition of security-based swap dealer or major security-based swap participant.

4. Description of the projected reporting, recordkeeping and other compliance requirements of the final rule. The Board does not believe the final rule will result in any new reporting, recordkeeping or other compliance requirements.

5. Significant alternatives to the final rule. In light of the foregoing, the Board does not believe that this final rule would have a significant economic impact on a substantial number of small entities and therefore there are no significant alternatives to the final rule that would reduce the impact on small entities.

FDIC: The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., requires an agency to provide a final regulatory flexibility analysis with a final rule, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities (defined by the Small Business Administration for purposes of the RFA to include banking entities with total assets of $550 million or less).

According to data from recent Consolidated Reports of Income and Condition (CALL Report),39 the FDIC supervised 3,603 institutions. Of those, 2,885 are considered “small,” according to the terms of the Regulatory Flexibility Act. This final rule directly applies to covered swap entities (which includes persons registered with the CFTC as swap dealers or major swap participants pursuant to the Commodity Exchange Act of 1936 and persons registered with the SEC as security-based swap dealers and major security-based swap participants under the Securities Exchange Act of 1934) that are subject to the requirements of the Swap Margin Rule. The FDIC has identified 101 swap dealers and major swap participants that, as of May 17, 2018, have registered as swap entities.40 None of these institutions are supervised by the FDIC.

39 FDIC CALL Reports, March 31, 2018.

40 While the SEC had adopted a regulation that would require registration of security-based swap dealers and major security-based swap participants, as of June 18, 2018, there was no date established as the compliance date and no SEC-published list of any such entities that so registered. Accordingly, no security-based swap dealers and major security-based swap participants have been identified as swap entities by the FDIC. In identifying the 101 institutions referred to in the text, the FDIC used the list of swap dealers set forth, on June 18, 2018 (providing data as of May 17, 2018) at https://www.cftc.gov/LawRegulation/DoddFrankAct/registerswapdealer.html. Major swap participants, among others, are required to apply for registration through a filing with the National Futures Association. Accordingly, the FDIC reviewed the National Futures Association https://www.nfa.futures.org/members/sd/index.html to determine whether there were registered major swap participants. As of June 18, 2018, there were no Major Swaps Participants listed on this link.

As discussed previously, the final rule clarifies that a master netting agreement meets the definition of EMNA under the Swap Margin Rule when the agreement limits the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default of the counterparty to the extent necessary for the counterparty to comply with the requirements of the QFC Rules. Without adoption of the final rule, covered entities would be required to calculate capital and liquidity requirements relating to certain Covered QFCs on a gross basis rather than on a net basis, which would typically result in higher capital and liquidity requirements. Therefore, this rule is expected to benefit any potential covered swap entity.

The Swap Margin Rule implements sections 731 and 764 of the Dodd-Frank Act, as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015 (“TRIPRA”). TRIPRA excludes non-cleared swaps entered into for hedging purposes by a financial institution with total assets of $10 billion or less from the requirements of the Swap Margin Rule. Given this exclusion, a non-cleared swap between a covered swap entity and a small FDIC-supervised entity that is used to hedge a commercial risk of the small entity will not be subject to the Swap Margin Rule. The FDIC believes that it is unlikely that any small entity it supervises will engage in non-cleared swaps for purposes other than hedging.

Given that no FDIC-supervised small entities are covered swap entities, that the potential effects are expected to be beneficial to covered swap entities, and that it is unlikely that FDIC-supervised small entities enter into non-cleared swaps for purposes other than hedging, this final rule is not expected to have a significant economic impact on a substantial number of small entities supervised by the FDIC. For these reasons, the FDIC certifies that the final rule will not have a significant economic impact on a substantial number of small entities, within the meaning of those terms as used in the RFA. Accordingly, a regulatory flexibility analysis is not required.

FCA: Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), FCA hereby certifies that the final rule will not have a significant economic impact on a substantial number of small entities. Each of the banks in the Farm Credit System, considered together with its affiliated associations, has assets and annual income in excess of the amounts that would qualify them as small entities; nor does the Federal Agricultural Mortgage Corporation meet the definition of “small entity.” Therefore, Farm Credit System institutions are not “small entities” as defined in the Regulatory Flexibility Act.

FHFA: The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that a regulation that has a significant economic impact on a substantial number of small entities, small businesses, or small organizations must include an initial regulatory flexibility analysis describing the regulation's impact on small entities. FHFA need not undertake such an analysis if the agency has certified the regulation will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 605(b). FHFA has considered the impact of the final rule under the Regulatory Flexibility Act, and certifies that the final rule does not have a significant economic impact on a substantial number of small entities because the final rule is applicable only to FHFA's regulated entities, which are not small entities for purposes of the Regulatory Flexibility Act.

C. Use of Plain Language

Section 722 of the Gramm-Leach-Bliley Act requires the U.S. banking agencies to use plain language in proposed and final rulemakings.41 The Agencies received no comment on these matters and believe that the final rule is written plainly and clearly.

41 12 U.S.C. 4809(a).

D. OCC Unfunded Mandates Reform Act of 1995 Determination

Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act) (2 U.S.C. 1532) requires that the OCC prepare a budgetary impact statement before promulgating a rule that includes any Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires the OCC to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. The OCC has determined that the proposed rule does not impose any new mandates and will not result in expenditures by State, local, and Tribal governments, or by the private sector of $100 million or more in any one year. Accordingly, the OCC has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered.

E. Riegle Community Development and Regulatory Improvement Act of 1994

The Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA) requires that each Federal banking agency, in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosure, or other requirements on insured depository institutions, consider, consistent with principles of safety and soundness and the public interest, any administrative burdens that such regulations would place on depository institutions, including small depository institutions, and customers of depository institutions, as well as the benefits of such regulations. In addition, new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on insured depository institutions generally must take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form.42 Each Federal banking agency has determined that the final rule would not impose additional reporting, disclosure, or other requirements; therefore the requirements of the RCDRIA do not apply.

42 12 U.S.C. 4802.

List of Subjects 12 CFR Part 45

Administrative practice and procedure, Capital, Margin Requirements, National banks, Federal savings associations, Reporting and recordkeeping requirements, Risk.

12 CFR Part 237

Administrative practice and procedure, Banks and banking, Capital, Foreign banking, Holding companies, Margin requirements, Reporting and recordkeeping requirements, Risk.

12 CFR Part 349

Administrative practice and procedure, Banks, Holding companies, Margin Requirements, Capital, Reporting and recordkeeping requirements, Savings associations, Risk.

12 CFR Part 624

Accounting, Agriculture, Banks, Banking, Capital, Cooperatives, Credit, Margin requirements, Reporting and recordkeeping requirements, Risk, Rural areas, Swaps.

12 CFR Part 1221

Government-sponsored enterprises, Mortgages, Securities.

DEPARTMENT OF THE TREASURY OFFICE OF THE COMPTROLLER OF THE CURRENCY 12 CFR Chapter I Authority and Issuance

For the reasons stated in the preamble, the Office of the Comptroller of the Currency amends part 45 of chapter I of title 12, Code of Federal Regulations, as follows:

PART 45—MARGIN AND CAPITAL REQUIREMENTS FOR COVERED SWAP ENTITIES 1. The authority citation for part 45 continues to read as follows: Authority:

7 U.S.C. 6s(e), 12 U.S.C. 1 et seq., 12 U.S.C. 93a, 161, 481, 1818, 3907, 3909, 5412(b)(2)(B), and 15 U.S.C. 78o-10(e).

2. Section 45.1 is amended by adding paragraph (e)(7) to read as follows:
§ 45.1 Authority, purpose, scope, exemptions and compliance dates.

(e) * * *

(7) For purposes of determining the date on which a non-cleared swap or a non-cleared security-based swap was entered into, a Covered Swap Entity will not take into account amendments to the non-cleared swap or the non-cleared security-based swap that were entered into solely to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable.

3. Section 45.2 is amended by revising paragraph (2) of the definition of Eligible master netting agreement to read as follows:
§ 45.2 Definitions.

Eligible master netting agreement * * *

(2) The agreement provides the covered swap entity the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default, including upon an event of receivership, conservatorship, insolvency, liquidation, or similar proceeding, of the counterparty, provided that, in any such case:

(i) Any exercise of rights under the agreement will not be stayed or avoided under applicable law in the relevant jurisdictions, other than:

(A) In receivership, conservatorship, or resolution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended (12 U.S.C. 4617), or the Farm Credit Act of 1971, as amended (12 U.S.C. 2183 and 2279cc), or laws of foreign jurisdictions that are substantially similar to the U.S. laws referenced in this paragraph (2)(i)(A) in order to facilitate the orderly resolution of the defaulting counterparty; or

(B) Where the agreement is subject by its terms to, or incorporates, any of the laws referenced in paragraph (2)(i)(A) of this definition; and

(ii) The agreement may limit the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default of the counterparty to the extent necessary for the counterparty to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable;

BOARD OF GOVENORS OF THE FEDERAL RESERVE SYSTEM 12 CFR Chapter II Authority and Issuance

For the reasons set forth in the preamble, the Board of Governors of the Federal Reserve System amends 12 CFR part 237 to read as follows:

PART 237—SWAPS MARGIN AND SWAPS PUSH-OUT 4. The authority citation for part 237 continues to read as follows: Authority:

7 U.S.C. 6s(e), 15 U.S.C. 78o-10(e), 15 U.S.C. 8305, 12 U.S.C. 221 et seq., 12 U.S.C. 343-350, 12 U.S.C. 1818, 12 U.S.C. 1841 et seq., 12 U.S.C. 3101 et seq., and 12 U.S.C. 1461 et seq.

Subpart A—Margin and Capital Requirements for Covered Swap Entities (Regulation KK) 5. Section 237.1 paragraph (e)(7) is added to read as follows:
§ 237.1 Authority, purpose, scope, exemptions and compliance dates.

(e) * * *

(7) For purposes of determining the date on which a non-cleared swap or a non-cleared security-based swap was entered into, a Covered Swap Entity will not take into account amendments to the non-cleared swap or the non-cleared security-based swap that were entered into solely to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable.

6. Section 237.2 is amended by revising paragraph (2) of the definition of Eligible master netting agreement to read as follows:
§ 237.2 Definitions

Eligible master netting agreement * * *

(2) The agreement provides the covered swap entity the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default, including upon an event of receivership, conservatorship, insolvency, liquidation, or similar proceeding, of the counterparty, provided that, in any such case,

(i) Any exercise of rights under the agreement will not be stayed or avoided under applicable law in the relevant jurisdictions, other than:

(A) In receivership, conservatorship, or resolution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended (12 U.S.C. 4617), or the Farm Credit Act of 1971, as amended (12 U.S.C. 2183 and 2279cc), or laws of foreign jurisdictions that are substantially similar to the U.S. laws referenced in this paragraph (2)(i)(A) in order to facilitate the orderly resolution of the defaulting counterparty; or

(B) Where the agreement is subject by its terms to, or incorporates, any of the laws referenced in paragraph (2)(i)(A) of this definition; and

(ii) The agreement may limit the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default of the counterparty to the extent necessary for the counterparty to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable;

FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Chapter III Authority and Issuance

For the reasons set forth in the preamble, the Federal Deposit Insurance Corporation amends 12 CFR part 349 as follows:

PART 349—DERIVATIVES Subpart A—Margin and Capital Requirements for Covered Swap Entities 7. The authority citation for subpart A continues to read as follows: Authority:

7 U.S.C. 6s(e), 15 U.S.C. 78o-10(e) and 12 U.S.C. 1818 and 12 U.S.C. 1819(a)(Tenth), 12 U.S.C. 1813(q), 1818, 1819, and 3108.

8. Section 349.1 is amended by adding paragraph (e)(7) as follows:
§ 349.1 Authority, purpose, scope, exemptions and compliance dates.

(e) * * *

(7) For purposes of determining the date on which a non-cleared swap or a non-cleared security-based swap was entered into, a Covered Swap Entity will not take into account amendments to the non-cleared swap or the non-cleared security-based swap that were entered into solely to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable.

9. Section 349.2 is amended by revising of the definition of Eligible master netting agreement to read as follows:
§ 349.2 Definitions.

Eligible master netting agreement means a written, legally enforceable agreement provided that:

(1) The agreement creates a single legal obligation for all individual transactions covered by the agreement upon an event of default following any stay permitted by paragraph (2) of this definition, including upon an event of receivership, conservatorship, insolvency, liquidation, or similar proceeding, of the counterparty;

(2) The agreement provides the covered swap entity the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default, including upon an event of receivership, conservatorship, insolvency, liquidation, or similar proceeding, of the counterparty, provided that, in any such case,

(i) Any exercise of rights under the agreement will not be stayed or avoided under applicable law in the relevant jurisdictions, other than:

(A) In receivership, conservatorship, or resolution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended (12 U.S.C. 4617), or the Farm Credit Act of 1971, as amended (12 U.S.C. 2183 and 2279cc), or laws of foreign jurisdictions that are substantially similar to the U.S. laws referenced in this paragraph (2)(i)(A) in order to facilitate the orderly resolution of the defaulting counterparty; or

(B) Where the agreement is subject by its terms to, or incorporates, any of the laws referenced in paragraph (2)(i)(A) of this definition; and

(ii) The agreement may limit the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default of the counterparty to the extent necessary for the counterparty to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable;

(3) The agreement does not contain a walkaway clause (that is, a provision that permits a non-defaulting counterparty to make a lower payment than it otherwise would make under the agreement, or no payment at all, to a defaulter or the estate of a defaulter, even if the defaulter or the estate of the defaulter is a net creditor under the agreement); and

(4) A covered swap entity that relies on the agreement for purposes of calculating the margin required by this part must:

(i) Conduct sufficient legal review to conclude with a well-founded basis (and maintain sufficient written documentation of that legal review) that:

(A) The agreement meets the requirements of paragraph (2) of this definition; and

(B) In the event of a legal challenge (including one resulting from default or from receivership, conservatorship, insolvency, liquidation, or similar proceeding), the relevant court and administrative authorities would find the agreement to be legal, valid, binding, and enforceable under the law of the relevant jurisdictions; and

(ii) Establish and maintain written procedures to monitor possible changes in relevant law and to ensure that the agreement continues to satisfy the requirements of this definition.

FARM CREDIT ADMINISTRATION Authority and Issuance

For the reasons set forth in the preamble, the Farm Credit Administration amends chapter VI of title 12, Code of Federal Regulations, as follows:

PART 624—MARGIN AND CAPITAL REQUIREMENTS FOR COVERED SWAP ENTITIES 10. The authority citation for part 624 continues to read as follows: Authority:

7 U.S.C 6s(e), 15 U.S.C. 78o-10(e), 12 U.S.C. 2154, 12 U.S.C. 2243, 12 U.S.C. 2252, 12 U.S.C. 2279bb-1.

11. Section 624.1 is amended by adding paragraph (e)(7) to read as follow:
§ 624.1 Authority, purpose, scope, exemptions and compliance dates.

(e) * * *

(7) For purposes of determining the date on which a non-cleared swap or a non-cleared security-based swap was entered into, a Covered Swap Entity will not take into account amendments to the non-cleared swap or the non-cleared security-based swap that were entered into solely to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable.

12. Section 624.2 is amended by revising paragraph (2) of the definition of Eligible master netting agreement to read as follows:.
§ 624.2 Definitions.

Eligible master netting agreement * * *

(2) The agreement provides the covered swap entity the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default, including upon an event of receivership, conservatorship, insolvency, liquidation, or similar proceeding, of the counterparty, provided that, in any such case,

(i) Any exercise of rights under the agreement will not be stayed or avoided under applicable law in the relevant jurisdictions, other than:

(A) In receivership, conservatorship, or resolution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended (12 U.S.C. 4617), or the Farm Credit Act of 1971, as amended (12 U.S.C. 2183 and 2279cc), or laws of foreign jurisdictions that are substantially similar to the U.S. laws referenced in this paragraph (2)(i)(A) in order to facilitate the orderly resolution of the defaulting counterparty; or

(B) Where the agreement is subject by its terms to, or incorporates, any of the laws referenced in paragraph (2)(i)(A) of this definition; and

(ii) The agreement may limit the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default of the counterparty to the extent necessary for the counterparty to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable;

FEDERAL HOUSING FINANCE AGENCY Authority and Issuance

For the reasons set forth in the preamble, the Federal Housing Finance Agency amends chapter XII of title 12, Code of Federal Regulations, as follows:

PART 1221—MARGIN AND CAPITAL REQUIREMENTS FOR COVERED SWAP ENTITIES 13. The authority citation for part 1221 continues to read as follows: Authority:

7 U.S.C. 6s(e), 15 U.S.C. 78o-10(e), 12 U.S.C. 4513, and 12 U.S.C. 4526(a).

14. Section 1221.1 is amended by adding paragraph (e)(7) to read as follows:
§ 1221.1 Authority, purpose, scope, exemptions and compliance dates.

(e) * * *

(7) For purposes of determining the date on which a non-cleared swap or a non-cleared security-based swap was entered into, a Covered Swap Entity will not take into account amendments to the non-cleared swap or the non-cleared security-based swap that were entered into solely to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable.

15. Section 1221.2 is amended by revising paragraph (2) of the definition of Eligible master netting agreement to read as follows:
§ 1221.2 Definitions.

Eligible master netting agreement * * *

(2) The agreement provides the covered swap entity the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default, including upon an event of receivership, conservatorship, insolvency, liquidation, or similar proceeding, of the counterparty, provided that, in any such case,

(i) Any exercise of rights under the agreement will not be stayed or avoided under applicable law in the relevant jurisdictions, other than:

(A) In receivership, conservatorship, or resolution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended (12 U.S.C. 4617), or the Farm Credit Act of 1971, as amended (12 U.S.C. 2183 and 2279cc), or laws of foreign jurisdictions that are substantially similar to the U.S. laws referenced in this paragraph (2)(i)(A) in order to facilitate the orderly resolution of the defaulting counterparty; or

(B) Where the agreement is subject by its terms to, or incorporates, any of the laws referenced in paragraph (2)(i)(A) of this definition; and

(ii) The agreement may limit the right to accelerate, terminate, and close-out on a net basis all transactions under the agreement and to liquidate or set-off collateral promptly upon an event of default of the counterparty to the extent necessary for the counterparty to comply with the requirements of part 47, Subpart I of part 252 or part 382 of Title 12, as applicable;

Dated: September 18, 2018. Joseph M. Otting, Comptroller of the Currency. By order of the Board of Governors of the Federal Reserve System, September 19, 2018. Ann E. Misback, Secretary of the Board. Dated at Washington, DC, on September 19, 2018. Federal Deposit Insurance Corporation. Valerie Jean Best, Assistant Executive Secretary. Dated: September 11, 2018. Melvin L. Watt, Director, Federal Housing Finance Agency. Dated: September 17, 2018. Dale L. Aultman, Secretary, Farm Credit Administration Board.
[FR Doc. 2018-22021 Filed 10-9-18; 8:45 am] BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P; 8070-01--P; 6705-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0863; Product Identifier 2018-NE-30-AD; Amendment 39-19423; AD 2018-19-22] RIN 2120-AA64 Airworthiness Directives; General Electric Company Turbofan Engines AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all General Electric Company (GE) CF34-10A16, CF34-10E2A1, CF34-10E5, CF34-10E5A1, CF34-10E6, CF34-10E6A1, CF34-10E7, and CF34-10E7-B turbofan engines with certain high-pressure turbine (HPT) front rotating air seals. This AD requires replacement of the affected HPT front rotating air seal. This AD was prompted by cracks found in the HPT front rotating air seal. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective October 25, 2018.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 25, 2018.

We must receive comments on this AD by November 26, 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 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this final rule, contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215; telephone 513-552-3272; email: [email protected] You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0863.

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-2018-0863; 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 street address for the Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Michael Richardson-Bach, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7747; fax: 781-238-7199; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We received a report that multiple cracks were found in the HPT front rotating air seal during a scheduled shop visit. After further investigation, GE determined that a rabbet surface on certain parts was not shot-peened after machining during the original manufacturing. The lack of shot-peening caused the parts to be more susceptible to crack initiation. This condition, if not addressed, could result in uncontained HPT front rotating air seal release, damage to the engine, and damage to the airplane. We are issuing this AD to address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

We reviewed GE CF34-10E Service Bulletin (SB) 72-0347 R00, dated August 3, 2018. The SB describes procedures for inspection and repair or replacement of the affected HPT front rotating air seals. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

FAA's Determination

We are 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 the same type design.

AD Requirements

This AD requires replacement of the affected HPT front rotating air seal.

Differences Between the AD and the Service Information

GE CF34-10E SB 72-0347 R00, dated August 3, 2018, recommends inspecting affected HPT front rotating air seal and repairing parts that do not have linear indications. This AD does not require inspecting or repairing the affected HPT front rotating air seal but allows installation of parts that have been inspected and repaired.

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 compliance time for the required action is shorter than the time necessary for the public to comment and for us to publish the final rule. The highest risk HPT front rotating air seals must be removed within approximately one month to ensure that they are replaced before cracks develop that could result in the failure of these seals. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons 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 was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2018-0863 and Product Identifier 2018-NE-30-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. We will consider all comments received by the closing date and may amend this final rule 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 final rule.

Costs of Compliance

We estimate that this AD affects three engines installed on 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
  • Replace the HPT front rotating air seal 2 work-hours × $85 per hour = $170 $243,700 $243,870 $731,610
    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 engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation 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): 2018-19-22 General Electric Company: Amendment 39-19423; Docket No. FAA-2018-0863; Product Identifier 2018-NE-30-AD. (a) Effective Date

    This AD is effective October 25, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all General Electric Company (GE) CF34-10A16, CF34-10E2A1, CF34-10E5, CF34-10E5A1, CF34-10E6, CF34-10E6A1, CF34-10E7, and CF34-10E7-B turbofan engines with high-pressure turbine (HPT) front rotating air seals listed in Appendices A and B, of GE CF34-10E Service Bulletin (SB) 72-0347 R00, dated August 3, 2018, that were not inspected and repaired using GE CF34-10E SB 72-0347 R00, dated August 3, 2018.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine Engine Turbine Section.

    (e) Unsafe Condition

    This AD was prompted by cracks found in the HPT front rotating air seal. We are issuing this AD to prevent failure of the HPT front rotating air seal. The unsafe condition, if not addressed, could result in an uncontained release of the HPT front rotating air seal, damage to the engine, and damage to the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) Remove the HPT front rotating air seal listed in Appendix A, of GE CF34-10E SB 72-0347 R00, dated August 3, 2018, and replace with a part eligible for installation within the following cycles:

    (i) If the HPT front rotating air seal has 17,499 cycles since new (CSN) or more on the effective date of this AD, remove within 250 cycles in service (CIS).

    (ii) If the HPT front rotating air seal has 16,500 to 17,498 CSN on the effective date of this AD, remove within 500 CIS but not to exceed 17,750 CSN.

    (iii) If the HPT front rotating air seal has 15,500 to 16,499 CSN on the effective date of this AD, remove within 750 CIS but not to exceed 17,000 CSN.

    (iv) If the HPT front rotating air seal has 14,500 to 15,499 on the effective date of this AD, remove within 1,000 CIS but not to exceed 16,250 CSN.

    (v) If the HPT front rotating air seal has 12,800 to 14,499 on the effective date of this AD, remove within 1,500 CIS but not to exceed 15,500 CSN.

    (vi) If the HPT front rotating air seal has 10,800 to 12,799 CSN on the effective date of this AD, remove within 2,000 CIS but not to exceed 14,300 CSN.

    (vii) If the HPT front rotating air seal has 8,450 to 10,799 CSN on the effective date of this AD, remove within 2,500 CIS but not to exceed 12,800 CSN.

    (viii) If the HPT front rotating air seal has fewer than 8,450 CSN on the effective date of this AD, remove at next piece-part exposure or before accumulating 10,950 CSN, whichever comes first.

    (2) Remove the HPT front rotating air seal, listed in Appendix B, of GE CF34-10E SB 72-0347 R00, dated August 3, 2018, from service and replace with a part eligible for installation before exceeding the CSN listed in Appendix B, of GE CF34-10E SB 72-0347 R00, dated August 3, 2018.

    (h) Definitions

    (1) For the purpose of this AD, a part that is “eligible for installation” is defined as:

    (i) An HPT front rotating air seal with a part number (P/N) and serial number (S/N) that is not listed in Appendix A or B, of GE CF34-10E SB 72-0347 R00, dated August 3, 2018; or,

    (ii) an HPT front rotating air seal with a P/N and S/N listed in Appendix A or B, of GE CF34-10E SB 72-0347 R00, dated August 3, 2018, that was inspected and repaired using GE SB CF34-10E SB 72-0347 R00, dated August 3, 2018.

    (2) For the purpose of this AD, “piece-part exposure” is defined as the separation of the HPT front rotating air seal from the disk.

    (i) Special Flight Permit

    A special flight permit will not be issued.

    (j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 (k) of this AD. You may email your request 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.

    (k) Related Information

    For more information about this AD, contact Michael Richardson-Bach, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7747; fax: 781-238-7199; email: [email protected]

    (l) Material Incorporated by Reference

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

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

    (i) General Electric Company CF34-10E Service Bulletin 72-0347 R00, dated August 3, 2018.

    (ii) Reserved.

    (3) For service information identified in this AD, contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215; telephone 513-552-3272; email: [email protected]

    (4) You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    (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 Burlington, Massachusetts, on September 28, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-21863 Filed 10-9-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0504; Product Identifier 2017-NE-12-AD; Amendment 39-19415; AD 2018-19-15] RIN 2120-AA64 Airworthiness Directives; GEVEN S.p.A. Seat Assemblies, Type D1-02 and D1-03 AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain GEVEN S.p.A. (Geven) Type D1-02 and D1-03 seat assemblies. This AD was prompted by a report that seat belt attachment bolts were found detached or partially detached from the seat. This AD requires inspection, torque verification, and modification of certain model seats. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective November 14, 2018.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 14, 2018.

    ADDRESSES:

    For service information identified in this final rule, contact Geven Technical Assistance Department, Via Boscofangone, Zona Industriale Nola-Marigliano, 80035 Nola (NA), Italy; phone: +39 081 31 21 396; fax: +39 081 31 21 321; email: [email protected] You may view this service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0504.

    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-2017-0504; 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 mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is 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:

    Neil Doh, Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7757; fax: 781-238-7199; 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 Geven, Type D1-02 and D1-03 seat assemblies. The NPRM published in the Federal Register on July 14, 2017 (82 FR 32494). The NPRM was prompted by a report that seat belt attachment bolts were found detached or partially detached from the seat. The NPRM proposed to require inspection, torque verification, and modification of certain model seats. We are issuing this AD to address the unsafe condition on these products.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2014-0187, dated August 20, 2014 (referred to after this as “the MCAI”), to address the unsafe condition on these products. The MCAI states:

    An operator reported that seat belt attachment bolts were found detached or partially detached from the seat. A further check on several aeroplanes revealed that on a large number of seats of the same model, the seat belt attachment bolts were not properly torqued and secured as defined. This condition, if not detected and corrected, could lead to failure of the seats to perform their intended function, possibly resulting in injury to occupants in case of an emergency landing. To address this potential unsafe condition, Geven published SB No. D103-25-004 to provide inspection instructions to verify if the seat belt attachment bolts are properly torqued and secured, and correction of any deficiencies. In addition, for certain D1-03 seats, the SB provides instructions to modify the seat belt attachment assembly. For the reasons described above, this EASA AD requires a one-time inspection of all safety belt attachment bolts and, depending on findings, accomplishment of the applicable corrective action(s). This EASA AD also requires modification of the seat belt attachment assembly on certain D1-03 seats.

    You may obtain further information by examining the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0504.

    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.

    Clarification to the Number of Affected Airplanes

    Since we issued the NPRM, we determined that we needed to identify the specific number of affected Avions de transport regional (ATR) 42 and ATR 72 airplanes rather than list the overall number of airplanes that are affected. The estimated costs have not changed.

    Clarification to Required Actions

    We also determined that the compliance in the NPRM was not clear as to which Geven seats required modification and which required bushing replacement. We have clarified the Required Actions in this AD. Additionally, all Geven Type D1-02 and D1-03 safety belt assemblies are torque checked, but, only Geven Type D1-03 seat belt attachment assemblies on the aisle side spreader must be modified.

    Clarification of Service Information Reporting Requirements

    We also determined that Geven Service Bulletin (SB) No. D103-25-004, Revision 4, dated March 15, 2016, specifies to submit certain information to the manufacturer. This AD does not include that requirement.

    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

    We reviewed Geven SB No. D103-25-004, Revision 4, dated March 15, 2016. The SB describes procedures for inspection, torque verification, and modification of certain model seats known to be installed on ATR 42 and ATR 72 airplanes. 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 an unknown number of seat assemblies installed on, but not limited to, 25 ATR 42 airplanes and 13 ATR 72 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
  • Seat modification—ATR 42 1.5 work-hours × $85 per hour = $127.50 $302 $429.50 $10,737.50 Torque check—ATR 42 0.8 work-hours × $85 per hour = $68.00 0 68.00 1,700.00 Seat modification—ATR 72 2.3 work-hours × $85 per hour = $195.50 368 563.50 7,325.50 Seat remove and replace—ATR 72 1.2 work-hours × $85 per hour = $102.00 0 102.00 1,326.00

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

    Authority for This Rulemaking

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

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

    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 engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation 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 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): 2018-19-15 GEVEN S.p.A.: Amendment 39-19415; Docket No. FAA-2017-0504; Product Identifier 2017-NE-12-AD. (a) Effective Date

    This AD is effective November 14, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    (1) This AD applies to certain GEVEN S.p.A. (Geven) Type D1-02 (also known as “Lightweight AFT facing seats”) and D1-03 (also known as “Lightweight” Classic and Prestige) in-arm table, standard, and last row seats, with part numbers (P/Ns) and Effectivity Codes listed in Table 1.1.1 of Geven Service Bulletin (SB) No. D103-25-004, Revision 4, dated March 15, 2016.

    (2) These appliances are installed on, but not limited to, Avions de transport regional (ATR) 42 and ATR 72 airplanes of U.S. registry.

    (d) Subject

    Joint Aircraft System Component (JASC) 2500 Code, Cabin Equipment/Furnishings.

    (e) Unsafe Condition

    This AD was prompted by a report that seat belt attachment bolts were found detached or partially detached from the seat. We are issuing this AD to prevent failure of the seats to perform their intended function, which, if not detected and corrected, could possibly result in injury to occupants in case of an emergency landing.

    (f) Compliance

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

    (g) Required Actions

    (1) Within six months after the effective date of this AD, in accordance with Geven SB No. D103-25-004, Revision 4, dated March 15, 2016, for all Geven Type D1-03 (also known as “Lightweight” Classic and Prestige) in-arm table, standard, and last row seats, P/N D1-03-()()()-()()(), modify the safety belt attachment assemblies on the aisle side spreader, and torque check the safety belt attachment assemblies on the central and fuselage side spreaders to 71 in-lbs. (8 nm).

    (2) Within six months after the effective date of this AD, in accordance with Geven SB No. D103-25-004, Revision 4, dated March 15, 2016, for all Geven Type D1-02 (also known as “Lightweight aft facing seats”) in-arm table, standard, and last row seats, P/N D1-02-()()()-()()(), perform the following:

    (i) Torque check the seat belt attachment assemblies on the aisle side, central, and fuselage side spreaders to 71 in-lbs., and verify that the safety belt attachment is free to rotate.

    (ii) If the safety belt attachment is not free to rotate following paragraph (g)(2)(i), replace the bushing in accordance with paragraph 3.3.1 of Geven SB No. D103-25-004, Revision 4, dated March 15, 2016, or block each affected seat until the bushing replacement is accomplished.

    (h) No Reporting Requirement

    Although the service information identified in paragraph (g) of this AD specifies to submit certain information to the manufacturer, this AD does not include that reporting requirement.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston 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 Boston ACO Branch, send it to the attention of the person identified in paragraph (j)(1) of this AD.

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

    (j) Related Information

    (1) For more information about this AD, contact Neil Doh, Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7757; fax: 781-238-7199; email: [email protected]

    (2) Refer to European Aviation Safety Agency (EASA) AD 2014-0187, dated August 20, 2014, for more information. You may examine the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0504.

    (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) GEVEN S.p.A. Service Bulletin No. D103-25-004, Revision 4, dated March 15, 2016.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Geven Technical Assistance Department, Via Boscofangone, Zona Industriale Nola-Marigliano, 80035 Nola (NA), Italy; phone: +39 081 31 21 396; fax: +39 081 31 21 321; email: [email protected]

    (4) You may view this service information at FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    (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 Burlington, Massachusetts, on September 27, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-21872 Filed 10-9-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0855; Product Identifier 2018-NE-31-AD; Amendment 39-19416; AD 2018-19-16] RIN 2120-AA64 Airworthiness Directives; CFM International S.A. Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for all CFM International S.A. (CFM) LEAP-1A23, -1A24, -1A24E1, -1A26, -1A26E1, -1A26CJ, -1A29, -1A29CJ, -1A30, -1A32, -1A33, -1A33B2, and -1A35A turbofan engines with certain full authority digital engine control (FADEC) and prognostic health monitoring (PHM) software installed. This AD requires removing certain FADEC and PHM software and installing versions eligible for installation. This AD was prompted by aborted takeoffs after engines did not advance to the desired takeoff fan speed due to icing in the pressure sensor line. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective October 25, 2018.

    We must receive comments on this AD by November 26, 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 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this final rule, contact CFM International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room 285, Cincinnati, OH 45125; phone: 877-432-3272; fax: 877-432-3329; email: [email protected] You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0855.

    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-2018-0855; 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 street address for the Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Christopher McGuire, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7120; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We received reports of six aborted takeoffs that occurred after engines did not advance to the desired takeoff fan speed. The aborted takeoffs happened on the first takeoff of the day after the airplane was exposed to sub-freezing temperatures for more than six hours. After further investigation, the operator found water and ice in the pressure sensor lines, which prevented the pressure sensor from accurately measuring the pressure. As a result, CFM improved the FADEC and PHM software to detect and accommodate pressure sensor line freezing. This condition, if not addressed, could result in icing in the pressure sensor lines and inaccurate pressure sensor readings, failure of one or more engines, loss of thrust control, and loss of the airplane. We are issuing this AD to address the unsafe condition on these products.

    Related Service Information

    We reviewed CFM Service Bulletin (SB) LEAP-1A-73-00-0027-01A-930A-D, Issue 001, dated July 30, 2018. The SB introduces new FADEC and PHM software and describes procedures for replacing the software.

    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 the same type design.

    AD Requirements

    This AD requires removing certain FADEC and PHM software and installing software that is eligible for installation.

    Differences Between the AD and the Service Information

    CFM SB LEAP-1A-73-00-0027-01A-930A-D, Issue 001, dated July 30, 2018, recommends that you install the new FADEC and PHM software. This AD requires that you install the new FADEC and PHM software, and prohibits the use of earlier FADEC and PHM software versions.

    Interim Action

    We consider this AD interim action. CFM is 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.

    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 compliance time for the required action is shorter than the time necessary for the public to comment and for us to publish the final rule. The software must be removed and replaced within 90 days to ensure that icing does not develop in the pressure sensor lines on the affected engines. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons 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 was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2018-0855 and Product Identifier 2018-NE-31-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. We will consider all comments received by the closing date and may amend this final rule 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 final rule.

    Costs of Compliance

    We estimate that this AD affects 82 engines installed on 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
    Software installation 1 work-hour × $85 per hour = $85 $0 $85 $6,970
    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 engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation 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): 2018-19-16 CFM International S.A.: Amendment 39-19416; Docket No. FAA-2018-0855; Product Identifier 2018-NE-31-AD. (a) Effective Date

    This AD is effective October 25, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all CFM LEAP-1A23, -1A24, -1A24E1, -1A26, -1A26E1, -1A26CJ, -1A29, -1A29CJ, -1A30, -1A32, -1A33, -1A33B2, and -1A35A turbofan engines with full authority digital engine control (FADEC) software, part number (P/N) 2590M00P07, version L1A0510, or earlier, installed; and prognostic health monitoring (PHM) software, P/N 2784M64P01, version PL1A0510, or earlier, installed.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine Controls.

    (e) Unsafe Condition

    This AD was prompted by aborted takeoffs after engines did not advance to the desired takeoff fan speed due to icing in the pressure sensor line. We are issuing this AD to prevent icing in the pressure sensor lines and inaccurate pressure sensor readings. The unsafe condition, if not addressed, could result failure of one or more engines, loss of thrust control, and loss of the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) Within 90 days after the effective date of this AD, remove FADEC software, P/N 2590M00P07, version L1A0510, or earlier; and PHM software, P/N 2784M64P01, version PL1A0510, or earlier, from the engine.

    (2) Before further flight after the removal of the FADEC and PHM software required by paragraph (g)(1), install FADEC and PHM software that is eligible for installation.

    (h) Installation Prohibition

    After 90 days from the effective date of this AD, do not operate any engine with FADEC software, P/N 2590M00P07, version L1A0510, or earlier, installed; and PHM software, P/N 2784M64P01, version PL1A0510, or earlier, installed.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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. You may email your request 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.

    (j) Related Information

    For more information about this AD, contact Christopher McGuire, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7120; fax: 781-238-7199; email: [email protected]

    (k) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on September 27, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-21508 Filed 10-9-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0281; Product Identifier 2018-NE-06-AD; Amendment 39-19437; AD 2018-20-03] RIN 2120-AA64 Airworthiness Directives; Hoffmann GmbH & Co. KG Propellers AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Hoffmann GmbH & Co. KG model HO-V 62 propellers. This AD was prompted by the failure of the propeller blade lag screws. This AD requires removal of the affected propeller blades and installation of modified propeller blades marked with change letter “A” or “B.” We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective November 14, 2018.

    ADDRESSES:

    For service information identified in this final rule, contact Hoffmann Propeller GmbH & Co. KG, Sales and Service, Küpferlingstrasse 9, 83022 Rosenheim, Germany; phone: +49 (0) 8031 1878 0; fax: +49 (0) 8031 1878 78; email: [email protected] You may view this service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0281.

    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-2018-0281; 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 mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is 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:

    Maureen Maisttison, Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Ave, Burlington, MA 01803; phone: 781-238-7076; fax: 781-238-7151; 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 Hoffmann GmbH & Co. KG model HO-V 62 propellers. The NPRM published in the Federal Register on July 12, 2018 (83 FR 32219). The NPRM was prompted by the failure of the propeller blade lag screws. The NPRM proposed to require removal of the affected propeller blades and installation of modified propeller blades marked with change letter “A” or “B.” We are issuing this AD to address the unsafe condition on these products.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2017-0220, dated November 10, 2017 (referred to after this as “the MCAI”), to address the unsafe condition on these products. The MCAI states:

    In 1983, occurrences were reported of fatigue failure of propeller blade lag screws, at rotation speeds between 2950 and 3250 revolutions per minute (RPM) in flight.

    This condition, if not detected and corrected, could lead to in-flight propeller blade detachment, possibly resulting in damage to the powered sailplane and/or injury to persons on the ground.

    To address this potential unsafe condition, Hoffmann issued Service Bulletin (SB) 4, providing the necessary instructions. Consequently, LBA Germany issued AD 83-150 (later revised), which applied only to HO-V 62 propellers with R/L 160T blades, when in combination with a Limbach L 2000 engine, to require a limitation of continuous operation to 2 900 RPM, to prohibit aerobatic flights, calibrate the tachometer, install a placard, and inspection of the propeller blades. LBA AD 83-150/4 also required overhaul and replacement of the affected propeller blades with modified blades, either having 5 lag screws with 12 mm diameter, or 6 screws, and required implementing a time between overhaul (TBO) of 600 flight hours (FH).

    Since that [LBA] AD was issued, based on a stress analysis of lag screws on blades with continuous operating speed above 2 900 RPM, it was determined that the 6-screws configuration or the 5 screws configuration with increased strength is necessary to ensure safe propeller operation. In addition, since the LBA AD applied only to a limited population (Limbach engine only), many propellers have not been modified as described in Hoffmann SB 4C. Consequently, Hoffmann issued SB E34 Revision B, to provide blade replacement instructions

    You may obtain further information by examining the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0281.

    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.

    Revised the Name of the Type Certificate Holder

    We determined that the name of the type certificate (TC) design holder that we used in the NPRM does not match the name used in the type certificate data sheet. We have revised references in this AD from “Hoffmann Propeller GmbH & Co. KG” to “Hoffmann GmbH & Co. KG” when we are referring to the name of the TC design holder.

    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

    We reviewed Hoffmann Propeller GmbH & Co. KG Service Bulletin (SB) E34 Rev. B, dated September 18, 2017. The SB describes the instructions for the removal and installation of the propeller blades.

    Costs of Compliance

    We estimate that this AD affects 50 propellers installed on 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
  • Replace blades between overhaul 3 work-hours × $85 per hour = $255 $3,150 $3,405 $85,125 Replace blades at overhaul 0 work-hours × $85 per hour = $0 3,150 3,150 78,750
    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 engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation 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 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): 2018-20-03 Hoffmann GmbH & Co. KG: Amendment 39-19437; Docket No. FAA-2018-0281; Product Identifier 2018-NE-06-AD. (a) Effective Date

    This AD is effective November 14, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Hoffmann GmbH & Co. KG model HO-V 62 propellers without modified blades marked with change letter “A” or “B” suffix to the serial number (S/N).

    (d) Subject

    Joint Aircraft System Component (JASC) Code 6110, Propeller Assembly.

    (e) Unsafe Condition

    This AD was prompted by the failure of the propeller blade lag screws. We are issuing the AD to prevent failure of the propeller. The unsafe condition, if not addressed, could result in the release of the propeller blade, damage to the aircraft, and injury and/or loss of life.

    (f) Compliance

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

    (g) Required Actions

    Within 30 days of the effective date of this AD, remove the applicable propeller blades and install modified propeller blades marked with a change letter “A” or “B” suffix to the S/N marked on the blade.

    (h) Installation Prohibition

    After the effective date of this AD, do not install a propeller blade if it is not marked with a change letter “A” or “B” suffix to the S/N marked on the blade.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston 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 Boston ACO Branch, send it to the attention of the person identified in paragraph (j)(1) of this AD.

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

    (j) Related Information

    (1) For more information about this AD, contact Maureen Maisttison, Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Ave, Burlington, MA, 01803; phone: 781-238-7076; fax: 781-238-7151; email: [email protected]

    (2) Refer to European Aviation Safety Agency AD 2017-0220, dated November 10, 2017, for more information. You may examine the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0281.

    Issued in Burlington, Massachusetts, on September 27, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-21507 Filed 10-9-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2018-0062; Airspace Docket No. 18-ASO-3] RIN 2120-AA66 Amendment of Class D and Class E Airspace; Pensacola, FL, and Establishment of Class E Airspace; Milton, FL AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule, correction.

    SUMMARY:

    This action corrects a final rule published in the Federal Register on August 29, 2018, amending Class D airspace and Class E airspace extending upward from 700 feet above the surface, and establishing Class E surface airspace at Choctaw Naval Outlying Field (NOLF), Milton, FL. Additional text was inadvertently omitted from the NOTAM information of Class D airspace and Class E surface airspace for Choctaw NOLF.

    DATES:

    Effective 0901 UTC, January 3, 2019. 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.

    FOR FURTHER INFORMATION, CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION:

    History

    The FAA published a final rule in the Federal Register (83 FR 43968, August 29, 2018) for Doc. No. FAA-2018-0062, amending Class D airspace and Class E airspace extending upward from 700 feet or more above the surface, and establishing Class E surface airspace at Choctaw Naval Outlying Field (NOLF), Milton, FL. Subsequent to publication, the FAA found that the NOTAM information listed in the legal description of the airport in Class D airspace and Class E surface airspace omitted text. This action corrects the error.

    Class D airspace and Class E airspace designations are published in paragraphs 5000 and 6002, respectively, of FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017, which was incorporated by reference in 14 CFR part 71.1. The Class D and 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.

    Correction to Final Rule Accordingly, pursuant to the authority delegated to me, in the Federal Register of August 29, 2018 (83 FR 43968) FR Doc. 2018-18644, the amendment of Class D Airspace and Class E Airspace; Pensacola, FL, and Establishment of Class E Airspace; Milton, FL is corrected as follows:
    § 71.1 [Amended] ASO FL D Milton, FL [Corrected]
    On page 43970, column 1, line 10, insert the words “in advance” after the word “established”. ASO FL E2 Milton, FL [Corrected] On page 43970, column 1 line 30, insert the words “in advance” after the word “established”. Issued in College Park, Georgia, on October 2, 2018. Kenneth Brissenden, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2018-21884 Filed 10-9-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF STATE 22 CFR Part 5 [Public Notice 10513] RIN 1400-AE18 Organization AGENCY:

    State Department.

    ACTION:

    Final rule.

    SUMMARY:

    The Department of State (the Department) updates and revises the rules that set forth its organization, rules of procedure, place at which the public may obtain forms, and its substantive rules of general applicability.

    DATES:

    This rule is effective on November 9, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Alice Kottmyer, Attorney Adviser, Office of Management, Office of the Legal Adviser, (202) 647-2318, [email protected]

    SUPPLEMENTARY INFORMATION: Why is the Department promulgating this rule?

    The Freedom of Information Act (5 U.S.C. 552(a)(1) requires that agencies publish in the Federal Register certain information.1 The Department provides this information in Part 5 of Title 22, Code of Federal Regulations. The Department last amended Part 5 in 1968; it is, therefore, obsolete. This rulemaking provides the necessary updates.

    1 (A) Descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) Each amendment, revision, or repeal of the foregoing.

    What are the substantive changes from the current Part 5?

    The Authorities section and §§ 5.1 and 5.2 are updated to reflect current authorities. Section 5.2 contains a new provision that refers to the Department's practice of publishing certain delegations of authority in the Federal Register. Section 5.2 also contains a reference to the new § 5.5, which describes the Foreign Affairs Manual and Foreign Affairs Handbook.

    Section 5.3, containing the bureau names, contact addresses, and websites of Department offices, is totally revised from the last amendment of this rule in 1968.

    Section 5.4 provides a list of substantive rules of general applicability, and where the public can find them in 22 CFR. Provisions that were not listed in 1968 include: Part 22 (Schedule of Fees for Consular Services); Part 103 (Chemical Weapons Convention Regulations); Part 104 (International Trafficking in Persons); Part 141 et seq. (Civil Rights); Part 171 (Availability of Information and Records to the Public); Part 172 (Service of Process); Part 173 (Availability of Public Diplomacy Material in the United States); and Part 181 (Coordination, Reporting, and Publication of International Agreements).

    Section 5.5 is new. It describes the Foreign Affairs Manual and the Foreign Affairs Handbook, which is a collection of directives that provide procedures and policies on matters relating to Department management and personnel.

    Regulatory Findings Administrative Procedure Act

    This rule is a rule of agency organization, procedure, or practice. The Department publishes it as a final rule in accordance with 5 U.S.C. 553(b)(A).

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    The Department certifies that this rule will not have a significant economic impact on a substantial number of small entities.

    Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804. The Department is aware of no monetary effect on the economy that would result from this rulemaking, nor will there be any increase in costs or prices; or any effect on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and import markets.

    Executive Order 12866

    The Department of State does not consider this rule to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review. The Department of State has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866. This rule deals with Department organization and procedures and will not impose any costs on the public. The Department has determined that the benefits of this regulation, i.e., ensuring compliance with FOIA and providing information and transparency to the public, outweigh any costs.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. The rule will not have federalism implications warranting the application of Executive Orders 12372 and 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulation in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Executive Order 13563: Improving Regulation and Regulatory Review

    The Department has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein.

    Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs

    This rule is not expected to be an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866.

    Paperwork Reduction Act

    This rule does not impose new or revised information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. chapter 35.

    List of Subjects in 22 CFR Part 5

    Organization and functions (Government agencies).

    For the reasons set forth in the preamble, the Department of State revises 22 CFR part 5 to read as follows:

    PART 5—ORGANIZATION Sec. 5.1 Introduction. 5.2 Central and field organization. 5.3 Rules of procedure, description of forms available, or the places at which forms may be obtained. 5.4 Substantive rules of general applicability adopted as authorized by law. 5.5 The Foreign Affairs Manual and the Foreign Affairs Handbook. Authority:

    22 U.S.C. 2651a; 5 U.S.C. 552.

    § 5.1 Introduction.

    This part provides information to the public as required by the Freedom of Information Act, 5 U.S.C. 552(a)(1).

    § 5.2 Central and field organization.

    (a) The central organization of the Department of State is prescribed by the State Department Basic Authorities Act of 1956, as amended (Pub. L. 84-885), codified at 22 U.S.C. 2651 et seq. and the Foreign Affairs Manual (see § 5.5).

    (b) As used in this part, the term “Department of State” includes all offices within the Department in Washington, its domestic field offices in the United States, all U.S. diplomatic and consular posts throughout the world, and U.S. missions to international organizations unless otherwise specified.

    (c) Any person desiring information concerning a matter handled by the Department of State, or any person desiring to make a submittal or request in connection with such a matter, should communicate either orally or in writing with the appropriate office. If the office receiving the communication does not have jurisdiction to handle the matter, the communication, if written, will be forwarded to the proper office, or, if oral, the person will be advised how to proceed. When the submittal or request from a member of the public consists of a formal application for one of the documents, privileges, or other benefits provided for in the laws administered by the Department of State, or in the regulations implementing these laws, the member of the public should follow the instructions on the form as to preparation and place of submission.

    (d) From time to time, the Secretary of State will, to the extent authorized by law, delegate statutory or other authorities to subordinate officers, as authorized by 22 U.S.C. 2651a(a)(4). The Department will generally publish such delegations of authority in the Federal Register.

    § 5.3 Rules of procedure, description of forms available, or the places at which forms may be obtained.

    Rules of procedure regarding the following listed matters may be consulted under the corresponding regulations referenced in § 5.4, or obtained upon application to the offices listed below. Forms pertaining to the following listed matters, and instructions relating thereto may also be obtained at the offices indicated in the following table 1 to § 5.3:

    Table 1 to § 5.3 Subject matter Office Address Access to Information and Records Bureau of Administration Office of Information Programs and Services (IPS), U.S. Department of State, State Annex 2 (SA-2), 515 22nd Street NW, Washington, DC, Suite 8100, 20522-0208, Fax: (202) 261-8579, URL: FOIA.state.gov.
  • For passport records and records of the Office of the Inspector General, please see 22 CFR 171.4(a).
  • Appointment of Foreign Service Officers Board of Examiners for the Foreign Service Board of Examiners for the Foreign Service, Department of State, SA-1, H-518, 2401 E Street NW. Washington, DC 20522. Authentications Office of Authentications U.S. Department of State, 600 19th Street NW, Washington, DC 20006. Civil Rights Office of Civil Rights Office of Civil Rights (S/OCR), 2201 C Street NW, Suite 7428, Washington, DC 20520. Forms https://eforms.state.gov. International educational and cultural exchange programs Bureau of Educational and Cultural Affairs For ECA-funded programs, Department of State, 2200 C Street NW, Washington, DC 20522-0500, ECA.state.gov; phone (202) 632-6445.
  • For the Exchange Visitor Program, Department of State, SA-4E, Room E-B001—2201 C Street NW, Washington, DC 20520. [email protected]; phone (202) 632-6445.
  • International Traffic in Arms Regulations Directorate of Defense Trade Controls U.S. Department of State, Directorate of Defense Trade Controls, 2401 E Street NW, SA-1, Room H1200, Washington, DC 20037. U.S. Passports Passport Services https://travel.state.gov/, National Passport Information Center, 877-487-2778, 888-874-7793 (TDD/TTY), 8:00 am to 10:00 pm ET Monday-Friday, 10:00 am to 3:00 pm ET Saturday (excluding federal holidays), [email protected]. Organizational chart https://www.state.gov/r/pa/ei/rls/dos/99484.htm. Procurements and assistance, domestic/international acquisition and federal assistance policy Office of the Procurement Executive U.S. Department of State, A/OPE (SA-15, Suite 1060), Washington, DC 20522, FAX 703-875-6155. Protection and welfare of U.S. citizens, intercountry adoption, international child abduction, and other consular services abroad Overseas Citizen Services https://travel.state.gov/, 888-407-4747 (from U.S. and Canada), +1 202-501-4444 (from Overseas). Treaties and international agreements Office of the Assistant Legal Adviser for Treaty Affairs https://www.state.gov/s/l/treaty/. Visa issuance Office of Visa Services https://travel.state.gov/, National Visa Center—Public Inquiries, 603-334-0700 (immigrant visas only), 603-334-0888 (nonimmigrant visas only), 7:00 a.m.—12:00 a.m. ET Monday-Friday (excluding federal holidays), https://secureforms.travel.state.gov/ask-nvc.php.
    § 5.4 Substantive rules of general applicability adopted as authorized by law.

    (a) The regulations of the Department of State required to be published under the provisions of the Administrative Procedure Act are found in the Code of Federal Regulations (generally in title 22) and in the Federal Register. Any person desiring information with respect to a particular procedure should examine the pertinent regulation cited in paragraph (b) of this section.

    (b) The following paragraphs (b)(1) through (18) are citations to regulations within the scope of this section:

    (1) Appointment of Foreign Service Officers. 22 CFR part 11 et seq.

    (2) Schedule of Fees for Consular Services. 22 CFR part 22.

    (3) Claims and Stolen Property. 22 CFR part 31 et seq.

    (4) Issuance of Visas. 22 CFR parts 41-42 et seq.

    (5) Nationality and Passports. 22 CFR part 50 et seq.

    (6) International Educational and Cultural Exchanges. 22 CFR part 62 et seq.

    (7) Protection and Welfare of Americans Abroad. 22 CFR part 71 et seq.

    (8) Other Consular Services Abroad. 22 CFR part 92 et seq.

    (9) Chemical Weapons Convention Regulations. 22 CFR part 103.

    (10) International Trafficking in Persons. 22 CFR part 104.

    (11) International Traffic in Arms Regulations. 22 CFR part 121 et seq.

    (12) Certificates of Authentication. 22 CFR part 131 et seq.

    (13) Civil Rights, including implementation of Sections 504 and 508 of the Rehabilitation Act of 1973. 22 CFR part 141 et seq.

    (14) Department of State Acquisition Regulation. 48 CFR chapter 6.

    (15) Availability of Information and Records to the Public. 22 CFR part 171.

    (16) Service of Process. 22 CFR part 172.

    (17) Availability of Public Diplomacy Program Material in the United States. 22 CFR part 173.

    (18) Coordination, Reporting, and Publication of International Agreements. 22 CFR part 181.

    (c) The regulations listed in paragraph (b) of this section are supplemented from time to time by amendments appearing initially in the Federal Register.

    § 5.5. The Foreign Affairs Manual and the Foreign Affairs Handbook.

    The Department articulates official guidance, including procedures and policies, on matters relating to Department management and personnel in the Foreign Affairs Manual (FAM) and the Foreign Affairs Handbook (FAH) series. Some of these directives are promulgated pursuant to statute, such as the Secretary of State's authority to prescribe regulations for the Foreign Service as provided in Section 206 of the Foreign Service Act of 1980, as amended, 22 U.S.C. 3926. The FAMs and FAHs that are publicly available are located on the Department's public website, at https://fam.state.gov/.

    Dated: September 26, 2018. Alicia A. Frechette, Executive Director, Office of the Legal Adviser and Bureau of Legislative Affairs, Department of State.
    [FR Doc. 2018-22011 Filed 10-9-18; 8:45 am] BILLING CODE 4710-10-P
    PRESIDIO TRUST 36 CFR Parts 1007, 1008, 1009 and 1011 RIN 3212-AA08; 3212-AA09; 3212-AA10; 3212-AA11 Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt Collection Regulations AGENCY:

    Presidio Trust.

    ACTION:

    Final rule.

    SUMMARY:

    This final rule revises Presidio Trust (Trust) regulations addressing requests under the Freedom of Information Act (FOIA), requests under the Privacy Act, administrative claims under the Federal Tort Claims Act (FTCA), and Debt Collection. The Trust is revising these regulations to update, clarify and streamline the language of several procedural provisions, and to incorporate amendments pursuant to the OPEN Government Act of 2007, the FOIA Improvement Act of 2016, and the Digital Accountability and Transparency Act of 2014.

    DATES:

    These final rules are effective November 15, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Steve Carp, Legal Analyst, (415) 561-5300, [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    Section 104(j) of the Presidio Trust Act (16 U.S.C. 460bb appendix) authorizes the Trust to prescribe regulations governing the manner in which it conducts its business and exercises its powers. This final rule revises the Trust's administrative regulations at 36 CFR part 1007 (FOIA), part 1008 (Privacy Act), part 1009 (FTCA), and part 1011 (Debt Collection), as described below. In addition, the Trust has made minor ministerial changes and corrected typographical errors to these parts of its regulations.

    Revisions to 36 CFR Part 1007 (Requests Under the FOIA)

    The Trust adopted FOIA regulations effective January 29, 1999. The OPEN Government Act of 2007 (OPEN Act), among other things, provided a statutory definition of a “representative of the news media” on September 14, 2007. The FOIA Improvement Act of 2016 (FOIA Act) amended the FOIA on June 30, 2016. The Trust's final rule conforms its regulations to the definition of a “representative of the news media” in the OPEN Act and conforms its regulations to the FOIA Act, as well as to the Department of Justice's revised FOIA regulations. Specifically, this rule revises § 1007.1 (Purpose and scope) by adding references to the text of FOIA and the Trust's Privacy Act regulations; § 1007.2 (Records available) by adopting a policy of presumption of openness and the “foreseeable harm” standard; § 1007.3 (Requests for records) by providing a requester an opportunity to consult with the Trust's FOIA Officer to perfect a request and adding procedures to verify the requester's identity; § 1007.4 (Preliminary processing of requests) by specifying the date used for searching, adding consultation and referral procedures for requests of records of other departments and agencies, clarifying that consultation with submitters of commercial or financial information includes consultation with entities that are not individuals, and adding procedures to notify submitters and requesters of actions taken with respect to requests containing commercial or financial information; § 1007.5 (Action on initial requests) by specifying decisions that constitute adverse determinations of requests, adding procedures for notifying requesters of dispute resolution services, and adding types of requests that would qualify for expedited processing; § 1007.6 (Time limits for processing initial requests) by adding procedures for a requester to modify a request when an extension of time is necessary to respond to a request, and adding procedures for notifying requesters of dispute resolution services; § 1007.7 (Appeals) by changing the time period for requesters to file an administrative appeal from 20 working days to 90 calendar days and requiring an appeal of an adverse determination before seeking a court order; § 1007.8 (Action on appeals) by adding procedures for notifying requesters of dispute resolution services; and § 1007.9 (Fees) by adding definitions for the terms “direct costs” and “review” and modifying the definition for “representative of the news media.”

    This rule also revises § 1007.9 to update the fees charged by the Trust for processing FOIA requests. The Trust previously published its fees on December 2, 1998 in its Interim Compendium. Under this final rule, the Trust's Executive Director will set fees for processing these requests and will publish the fees on the Trust's website instead of the Interim Compendium. With these changes, the fees previously listed in § 1007.9 of the Interim Compendium will no longer be effective.

    Revisions to 36 CFR Part 1008 (Requests Under the Privacy Act)

    The Trust adopted Privacy Act regulations effective January 29, 1999. There has been little statutory change to the Privacy Act of 1974 since the Trust adopted its Privacy Act regulations. However, this rule conforms its regulations to guidance issued by the Department of Justice and the Office of Management and Budget. Specifically, this rule revises § 1008.2 (Definitions) by changing the definition of “individual”; § 1008.9 (Disclosure of records) by adding procedures for notice of court-ordered and emergency disclosures; and §§ 1008.11 (Request for notification of existence of records: Submission), 1008.14 (Requests for access to records: Submission), and 1008.19 (Petitions for amendment: Submission and form) by adding procedures to verify the requester's identity.

    This rule also revises § 1008.15 (Requests for access to records: Initial decision) to update the fees charged by the Trust for processing Privacy Act requests. The Trust previously published its fees on December 2, 1998 in its Interim Compendium. Under this final rule, the Trust's Executive Director will set fees for processing these requests and will publish the fees on the Trust's website instead of the Interim Compendium. With these changes, the fees previously listed in § 1008.15 of the Interim Compendium will no longer be effective.

    Revisions to 36 CFR Part 1009 (Administrative Claims Under the FTCA)

    The Trust adopted FTCA regulations effective January 29, 1999. This final rule revises § 1009.4 (Payment of claims) by adding procedures the Trust uses to pay FTCA claims from its proceeds or revenues.

    Revisions to 36 CFR Part 1011 (Debt Collection)

    The Trust adopted debt collection regulations effective January 12, 2006. The Digital Accountability and Transparency Act of 2014 amended federal debt collection law to require federal agencies to refer eligible delinquent debts to the Department of the Treasury for administrative offset after 120 days, rather than 180 days. This final rule makes minor revisions to §§ 1011.4 (What notice will the Presidio Trust send to a debtor when collecting a debt?), 1011.9 (When will the Presidio Trust transfer a debt to the Financial Management Service for collection?), and 1011.10 (How will the Presidio Trust use administrative offset (offset of non-tax federal payments) to collect a debt?) to reflect this requirement.

    Response to Comments

    On March 6, 2018, the Trust published a proposed rulemaking in the Federal Register (83 FR 9459) and requested comments over a 49-day period ending on April 24, 2018. The Trust received three comment submissions, and these submissions were considered in drafting this final rule, as follows:

    1. One comment suggested changing the word “must” to “should” in § 1007.3(b)(1) when invoking the FOIA in a request for records. The Trust has made this revision.

    2. One comment suggested replacing the phrase “To expedite processing” with “To facilitate handling” in § 1007.3(b)(5) and § 1007.7(c)(3) to avoid confusion with the term of art “expedited processing” in § 1007.5(g). The Trust has made these revisions.

    3. One comment suggested that for purposes of consulting with submitters of commercial or financial information, “person” in § 1007.4(c) should incorporate a wider range of entities, including corporations, states, and Native American tribes or nations. The Trust has revised this section to approximate the Department of Justice's template for agency FOIA regulations.

    4. One comment suggested striking “[i]f neither a statute nor an Executive order requires withholding” from § 1007.5(f)(iii) addressing adverse determinations of document requests. The commenter wrote that the language could be read to indicate that there are reasons other than the exemptions identified in the FOIA statute itself for withholding, and that it is the FOIA exemption itself, not a statute or executive order standing alone, that provides the basis for withholding a document. The Trust has made this revision.

    5. One comment suggested adding in the Trust's notice to requesters under § 1007.6(d) the availability of dispute resolution services offered by the Office of Government Information Services in the event unusual circumstances necessitate the extension of the time limit for processing initial requests beyond ten additional working days. The Trust has revised this section to approximate the Department of Justice's template for agency FOIA regulations.

    6. One comment suggested modifying §§ 1007.8(c)(3) and 1007.8(d)(1) with broader language to indicate that requesters may file a FOIA-related lawsuit against the Trust in venues other than the United States District Court for the Northern District of California. The Trust declines to make this revision. Section 104(h) of the Presidio Trust Act provides that “[t]he District Court for the Northern District of California shall have exclusive jurisdiction over any suit filed against the Trust.”

    7. One comment suggested adding in the Trust's notice to appellants under § 1007.8(c)(4) the availability of dispute resolution services offered by the Office of Government Information Services when the Trust cannot reach a determination on an appeal within the applicable time limit. The Trust has made this revision.

    8. One comment suggested adding in § 1007.8(d)(1) language that if the Trust agrees to participate in the dispute resolution services offered by the Office of Government Information Services, the Trust will actively engage in the process in an attempt to resolve the dispute. The Trust has revised this section to approximate the Department of Justice's template for agency FOIA regulations.

    9. Two comments suggested revising the definition of “representative of the news media” in § 1007.9(a)(5)(vi) to make it consistent with the OPEN Act. The Trust has revised this section to approximate the Department of Justice's template for agency FOIA regulations.

    Compliance With Laws and Executive Orders Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. This rule:

    (1) Will not have an effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

    (2) Will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The rule only affects administrative procedures of the Trust;

    (3) Does not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; and

    (4) Does not raise novel legal or policy issues.

    This final rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the ORIA has not reviewed this regulation. Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The Executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. The Trust has developed this rule in a manner consistent with these requirements.

    Reducing Regulation and Controlling Regulatory Costs (Executive Order 13771)

    Executive Order 13771 requires an agency, unless prohibited by law, to identify at least two existing regulations to be repealed when the agency publicly proposes for notice and comment or otherwise promulgates a new rege:ulation. In furtherance of this requirement, section 2(c) of the Executive order requires that the new incremental costs associated with new regulations must, to the extent permitted by law, be offset by the elimination of existing costs associated with at least two prior regulations. The OMB's interim guidance issued on February 2, 2017 explains that the above requirements only apply to each new “significant regulatory action that imposes costs.” Further, see OMB's Memorandum M-17-21 titled “Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs'” (April 5, 2017). As this rule only relates to the Trust's administrative procedures, many of the revisions are statutorily required, and the rule is not a “significant regulatory action,” this final rule is exempt from the requirements of Executive Order 13771.

    Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    This rule will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act.

    Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

    This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more; (b) will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and (c) does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.

    This rule relates to internal administrative procedures and management of government function. It does not regulate external entities, impose any costs on them, or eliminate any procedures or functions that would result in a loss of employment or income on the part of the private sector.

    Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

    This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. This rule does not have a significant or unique effect on State, local or tribal governments, or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act is not required. This rule produces no costs outside of the Federal government and does not create an additional burden on State, local, or tribal governments, or the private sector.

    Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise have taking implications under Executive Order 12630. A takings implication assessment is not required.

    Federalism (Executive Order 13132)

    This rule does not have sufficient federalism implications, as defined by section 1 of Executive Order 13132, to warrant the preparation of a federalism summary impact statement. This rule only affects use of Trust administered lands. It has no outside effects on other areas. A federalism summary impact statement is not required.

    Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards.

    Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required.

    Consultation With Indian Tribes (Executive Order 13175)

    This rule has no tribal implications or imposes substantial direct compliance costs on federally recognized Indian tribes. A tribal summary impact statement is not required.

    Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This rule does not contain new collections of information that require approval by the OMB under the Paperwork Reduction Act. The rule does not impose new recordkeeping or reporting requirements on State, tribal, or local governments; individuals; businesses; or organizations.

    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

    This rule does not constitute a major Federal action significantly affecting the quality of the human environment under the National Environmental Policy Act (NEPA) and the Trust's NEPA regulations at 36 CFR 1010.16. It is a modification of existing Trust regulations in order to make them clearer, more complete, and consistent with current Federal statutory law. Moreover, a detailed statement under the NEPA is not required because the rule is covered by a categorical exclusion. The Trust has determined that the rule is categorically excluded under 36 CFR 1010.7(a)(10)(i) as it is a revision of Trust regulations that does not increase public use to the extent of compromising the nature and character of the Presidio Area B or of causing significant physical damage to it. Further, the rule will not result in the introduction of non-compatible uses, which might compromise the nature and characteristics of the Presidio Area B or cause significant physical damage to it. Finally, the rule will not conflict with adjacent ownerships or land uses or cause a significant nuisance to adjacent owners or occupants. The Trust has also determined that the rule does not involve any of the extraordinary circumstances listed in 36 CFR 1010.7(b) that would require further analysis under the NEPA.

    Clarity of the Regulations

    The Trust is required by Executive Orders 12866 (section 1(b)(12)), 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule the Trust publishes must: (a) Be logically organized; (b) use the active voice to address readers directly; (c) use common, everyday words and clear language rather than jargon; (d) be divided into short sections and sentences; and (e) use lists and tables wherever possible.

    List of Subjects 36 CFR Part 1007

    Administrative practice and procedure, Archives and records, Freedom of information, National parks, Natural resources, Public lands, Records, Recreation and recreation areas.

    36 CFR Part 1008

    Administrative practice and procedure, National parks, Natural resources, Personally identifiable information, Privacy, Public lands, Recreation and recreation areas.

    36 CFR Part 1009

    Administrative practice and procedure, Claims, National parks, Natural resources, Public lands, Recreation and recreation areas, Tort claims.

    36 CFR Part 1011

    Administrative practice and procedure, Claims, Credit, Debt collection, Government employees, National parks, Natural resources, Public lands, Recreation and recreation areas, Reporting and recordkeeping requirements, Wages.

    For the reasons set forth in the preamble, the Presidio Trust amends Chapter X of title 36 of the Code of Federal Regulations as follows:

    PART 1007—REQUESTS UNDER THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 1007 continues to read as follows: Authority:

    Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552; E.O. 12,600, 52 FR 23781, 3 CFR 1988 Comp., p. 235.

    2. Revise § 1007.1 to read as follows:
    § 1007.1 Purpose and scope.

    (a) This part contains the procedures for submission to and consideration by the Presidio Trust of requests for records under the FOIA. As used in this part, the term “FOIA” means the Freedom of Information Act, 5 U.S.C. 552. The regulations in this part should be read in conjunction with the text of the FOIA. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed in accordance with the Presidio Trust's Privacy Act regulations as well as under this subpart.

    (b) Before invoking the formal procedures set out below, persons seeking records from the Presidio Trust may find it useful to consult with the Presidio Trust's FOIA Officer, who can be reached at The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, Telephone: (415) 561-5300. As used in this part, the term “FOIA Officer” means the employee designated by the Executive Director to process FOIA requests and otherwise supervise the Presidio Trust's compliance with the FOIA, or the alternate employee so designated to perform these duties in the absence of the FOIA Officer.

    (c) The procedures in this part do not apply to:

    (1) Records published in the Federal Register, the Bylaws of the Presidio Trust, statements of policy and interpretations, and other materials that have been published by the Presidio Trust on its internet website (http://www.presidiotrust.gov) or are routinely made available for inspection and copying at the requester's expense.

    (2) Records or information compiled for law enforcement purposes and covered by the disclosure exemption described in § 1007.2(c)(7) if:

    (i) The investigation or proceeding involves a possible violation of criminal law; and

    (ii) There is reason to believe that:

    (A) The subject of the investigation or proceeding is not aware of its pendency; and

    (B) Disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings.

    (3) Informant records maintained by the United States Park Police under an informant's name or personal identifier, if requested by a third party according to the informant's name or personal identifier, unless the informant's status as an informant has been officially confirmed.

    3. Revise § 1007.2 to read as follows:
    § 1007.2 Records available.

    (a) Policy. It is the policy of the Presidio Trust to make its records available to the public to the greatest extent possible consistent with the purposes of the Presidio Trust Act and the FOIA. The Presidio Trust administers the FOIA with a presumption of openness. As a matter of policy, the Presidio Trust may make discretionary disclosures of records or information exempt from disclosure under the FOIA whenever disclosure would not foreseeably harm an interest protected by a FOIA exemption. This policy does not create any right enforceable in court.

    (b) Statutory disclosure requirement. The FOIA requires that the Presidio Trust, on a request from a member of the public submitted in accordance with the procedures in this part, make requested records available for inspection and copying.

    (c) Statutory exemptions. Exempted from the FOIA's statutory disclosure requirement are matters that are:

    (1)(i) Specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; and

    (ii) Are in fact properly classified pursuant to such Executive order.

    (2) Related solely to the internal personnel rules and practices of an agency;

    (3) Specifically exempted from disclosure by statute (other than the Privacy Act), provided that such statute:

    (i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or

    (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld.

    (4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

    (5) Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

    (6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

    (7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:

    (i) Could reasonably be expected to interfere with enforcement proceedings;

    (ii) Would deprive a person of a right to a fair or an impartial adjudication;

    (iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;

    (iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source;

    (v) Would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or

    (vi) Could reasonably be expected to endanger the life or physical safety of any individual.

    (8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

    (9) Geological and geophysical information and data, including maps, concerning wells.

    (d) Decisions on requests. It is the policy of the Presidio Trust to withhold information falling within an exemption only if:

    (1) Disclosure is prohibited by statute or Executive order; or

    (2) Sound grounds exist for invocation of the exemption.

    (e) Disclosure of reasonably segregable nonexempt material. If a requested record contains material covered by an exemption and material that is not exempt, and it is determined under the procedures in this part to withhold the exempt material, any reasonably segregable nonexempt material shall be separated from the exempt material and released. In such circumstances, the records disclosed in part shall be marked or annotated to show both the amount and the location of the information deleted wherever practicable.

    4. Revise § 1007.3 to read as follows:
    § 1007.3 Requests for records.

    (a) Submission of requests. A request to inspect or copy records shall be submitted to the Presidio Trust's FOIA Officer at P.O. Box 29052, San Francisco, CA 94129-0052.

    (b) Form of perfected requests. (1) Requests under this part shall be in writing and should specifically invoke the FOIA.

    (2) A request must reasonably describe the records requested. A request reasonably describes the records requested if it will enable an employee of the Presidio Trust familiar with the subject area of the request to locate the record with a reasonable amount of effort. If such information is available, the request should identify the subject matter of the record, the date when it was made, the place where it was made, the person or office that made it, the present custodian of the record, and any other information that will assist in locating the requested record. If the request involves a matter known by the requester to be in litigation, the request should also state the case name and court hearing the case. If after receiving a request the FOIA Officer determines that the request does not reasonably describe the records sought, the FOIA Officer will inform the requester what additional information is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with the FOIA Officer. If a request does not reasonably describe the records sought, the Presidio Trust's response to the request may be delayed or an adverse determination under § 1007.5(e).

    (3)(i) A perfected request shall:

    (A) Specify the fee category (commercial use, educational institution, noncommercial scientific institution, news media, or other, as defined in § 1007.9) in which the requester claims the request falls and the basis of this claim;

    (B) State the maximum amount of fees that the requester is willing to pay or include a request for a fee waiver; and

    (C) Provide contact information for the requester, such as phone number, email address and/or mailing address, to assist the Presidio Trust in communicating with them and providing released records.

    (ii) Requesters who make requests for records about themselves must verify their identity.

    (iii) Where a request for records pertains to another individual, a requester may receive greater access by submitting either a notarized authorization signed by that individual or a declaration made in compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of the records to the requester, or by submitting proof that the individual is deceased (e.g., a copy of a death certificate or an obituary). As an exercise of administrative discretion, the Presidio Trust may require a requester to supply additional information if necessary in order to verify that a particular individual has consented to disclosure.

    (iv) Requesters are advised that, under § 1007.9 (f), (g) and (h), the time for responding to requests may be delayed:

    (A) If a requester has not sufficiently identified the fee category applicable to the request;

    (B) If a requester has not stated a willingness to pay fees as high as anticipated by the Presidio Trust; or

    (C) If a fee waiver request is denied and the requester has not included an alternative statement of willingness to pay fees as high as anticipated by the Presidio Trust.

    (4) A request seeking a fee waiver shall, to the extent possible, address why the requester believes that the criteria for fee waivers set out in § 1007.10 are met.

    (5) To facilitate handling, both the envelope containing a request and the face of the request should bear the legend “FREEDOM OF INFORMATION REQUEST.”

    (c) Creation of records. A request may seek only records that are in existence at the time the request is received. A request may not seek records that come into existence after the date on which it is received and may not require that new records be created in response to the request by, for example, combining or compiling selected items from manual files, preparing a new computer program, or calculating proportions, percentages, frequency distributions, trends or comparisons. In those instances where the Presidio Trust determines that creating a new record will be less burdensome than disclosing large volumes of unassembled material, the Presidio Trust may, in its discretion, agree to creation of a new record as an alternative to disclosing existing records.

    5. Revise § 1007.4 to read as follows:
    § 1007.4 Preliminary processing of requests.

    (a) Scope of requests. Unless a request clearly specifies otherwise, requests to the Presidio Trust may be presumed to seek only records of the Presidio Trust in possession of the Presidio Trust at the time the Presidio Trust begins its search. If any other date is used, the Presidio Trust will inform the requester of that date. A record that is excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c) is not considered responsive to a request.

    (b) Records of other departments and agencies. (1) When reviewing records in response to a request, the Presidio Trust will determine whether another Federal department or agency is better able to determine whether the record is exempt from disclosure under the FOIA. As to any such record, the Presidio Trust will proceed in one of the following ways:

    (i) Consultation. When records originating with the Presidio Trust, but contain within them information of interest to another Federal department or agency, the Presidio Trust will consult with that other entity prior to making a release determination; or

    (ii) Referral. (A) When the Presidio Trust believes that another department or agency is best able to determine whether to disclose the record, the Presidio Trust will refer the responsibility for responding to the request regarding the record to that department or agency. Ordinarily, the department or agency that originated the record is presumed to be the best entity to make the disclosure determination. However, if the Presidio Trust and the originating department or agency jointly agree that the Presidio Trust is in the best position to respond to the request, then the record may be handled as a consultation.

    (B) If the Presidio Trust refers any part of the responsibility for responding to a request to another department or agency, the Presidio Trust will document the referral, maintain a copy of the record that it refers, and notify the requester of the referral, informing the requester of the name(s) of the department or agency to which the record was referred, including that entity's FOIA contact information.

    (2) Timing of responses to consultations and referrals. All consultations and referrals received by the Presidio Trust will be handled according to the date that the Presidio Trust received the perfected FOIA request.

    (3) A request for documents that were classified by another agency shall be referred to that agency.

    (c) Consultation with submitters of commercial and financial information. (1) If a request seeks a record containing trade secrets or commercial or financial information submitted by any person or entity, including a corporation, State, Native American tribe or nation, or foreign government, but not including another Federal Government entity, the Presidio Trust shall provide the submitter with notice of the request whenever:

    (i) The submitter has made a good faith designation of the information as commercially or financially sensitive; or

    (ii) The Presidio Trust has reason to believe that disclosure of the information may result in commercial or financial injury to the submitter.

    (2) Where notification of a voluminous number of submitters is required, such notification may be accomplished by posting or publishing the notice in a place reasonably calculated to accomplish notification.

    (3) The notice to the submitter shall afford the submitter a reasonable period within which to provide a detailed statement of any objection to disclosure. The submitter's statement shall explain the basis on which the information is claimed to be exempt under the FOIA, including a specification of any claim of competitive or other business harm that would result from disclosure. The statement shall also include a certification that the information is confidential, has not been disclosed to the public by the submitter, and is not routinely available to the public from other sources.

    (4) A submitter who fails to respond within the time period specified in the notice will be deemed to have no objection to disclosure of the information. The Presidio Trust shall not be required to consider any information received from the submitter after the date of any disclosure decision. Any information provided by a submitter under this subpart may itself be subject to disclosure under the FOIA.

    (5) The Presidio Trust will notify the requester whenever it provides the submitter with notice and an opportunity to object to disclosure; whenever it notifies the submitter of its intent to disclose the requested information; and whenever a submitter files a lawsuit to prevent the disclosure of the information.

    (6) If a submitter's statement cannot be obtained within the time limit for processing the request under § 1007.6, the requester shall be notified of the delay as provided in § 1007.6(f).

    (7) Notification to a submitter is not required if:

    (i) The Presidio Trust determines, prior to giving notice, that the request for the record should be denied;

    (ii) The information has previously been lawfully published or officially made available to the public;

    (iii) Disclosure is required by a statute (other than the FOIA) or regulation (other than this part);

    (iv) Disclosure is clearly prohibited by a statute, as described in § 1007.2(c)(3);

    (v) The information was not designated by the submitter as confidential when it was submitted, or a reasonable time thereafter, if the submitter was specifically afforded an opportunity to make such a designation; however, a submitter will be notified of a request for information that was not designated as confidential at the time of submission, or a reasonable time thereafter, if there is substantial reason to believe that disclosure of the information would result in competitive harm;

    (vi) The designation of confidentiality made by the submitter is obviously frivolous; or

    (vii) The information was submitted to the Presidio Trust more than ten years prior to the date of the request, unless the Presidio Trust has reason to believe that it continues to be confidential.

    (8) If a requester brings suit to compel disclosure of information, the submitter of the information will be promptly notified.

    6. Revise § 1007.5 to read as follows:
    § 1007.5 Action on initial requests.

    (a) Authority. (1) Requests shall be decided by the FOIA Officer.

    (2) A decision to withhold a requested record, to release a record that is exempt from disclosure, or to deny a fee waiver shall be made only after consultation with the General Counsel.

    (b) Acknowledgement of requests. (1) The Presidio Trust shall send the requester a written acknowledgement of the receipt of the request, provide the requester with an individualized tracking number, and provide the requester with contact information for the FOIA Officer.

    (2) Requesters must include the individualized tracking number in all communications with the Presidio Trust regarding the request.

    (c) Estimated dates of completion and interim responses. Upon request, the Presidio Trust will provide an estimated date by which the Presidio Trust expects to provide a response to the requester. If a request involves a voluminous amount of material, or searches in multiple locations, the Presidio Trust may provide interim responses, releasing records on a rolling basis.

    (d) Form of grant. (1) When a requested record has been determined to be available, the FOIA Officer shall notify the requester as to when and where the record is available for inspection or, as the case may be, when and how copies will be provided. If fees are due, the FOIA Officer shall state the amount of fees due and the procedures for payment, as described in § 1007.9.

    (2) The FOIA Officer shall honor a requester's specified preference of form or format of disclosure (e.g., paper, microform, audiovisual materials, or electronic records) if the record is readily available to the Presidio Trust in the requested form or format or if the record is reproducible by the Presidio Trust with reasonable efforts in the requested form or format.

    (3) If a requested record (or portion thereof) is being made available over the objections of a submitter made in accordance with § 1007.4(c), both the requester and the submitter shall be notified of the decision. The notice to the submitter (a copy of which shall be made available to the requester) shall be forwarded a reasonable number of days prior to the date on which disclosure is to be made and shall include:

    (i) A statement of the reasons why the submitter's objections were not sustained;

    (ii) A specification of the portions of the record to be disclosed, if the submitter's objections were sustained in part; and

    (iii) A specified disclosure date.

    (4) If a claim of confidentiality has been found frivolous in accordance with § 1007.4(c)(7)(vi) and a determination is made to release the information without consultation with the submitter, the submitter of the information shall be notified of the decision and the reasons therefor a reasonable number of days prior to the date on which disclosure is to be made.

    (e) Adverse determinations of requests. Adverse determinations, or denials of requests, include decisions that:

    (1) The requester has not submitted a perfected request;

    (2) The requested record is exempt, in whole or in part;

    (3) The request does not reasonably describe the records sought;

    (4) The information is not a record subject to the FOIA;

    (5) The requested record does not exist, cannot be located, or has been destroyed; or

    (6) The requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waivers or denials of requests for expedited processing.

    (f) Form of denial. (1) A decision withholding a requested record shall be in writing and shall include:

    (i) A list of the names and titles or positions of each person responsible for the denial;

    (ii) A reference to the specific exemption or exemptions authorizing the withholding;

    (iii) An estimate of the volume of records or information withheld, in number of pages or in some other reasonable form of estimation. This estimate does not need to be provided if the volume is otherwise indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption;

    (iv) A statement that the denial may be appealed and a reference to the procedures in § 1007.7 for appeal; and

    (v) A statement notifying the requester of the dispute resolution services offered by the Office of Government Information Services.

    (2) A decision denying a request for failure to reasonably describe requested records or for other procedural deficiency or because requested records cannot be located shall be in writing and shall include:

    (i) A description of the basis of the decision;

    (ii) A list of the names and titles or positions of each person responsible;

    (iii) A statement that the matter may be appealed and a reference to the procedures in § 1007.7 for appeal; and

    (iv) A statement notifying the requester of the dispute resolution services offered by the Office of Government Information Services.

    (g) Expedited processing. (1) Requests and appeals will be taken out of order and given expedited treatment whenever it is determined by the FOIA Officer that they involve:

    (i) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;

    (ii) An urgency to inform the public about an actual or alleged Federal government activity, if made by a person primarily engaged in disseminating information;

    (iii) The loss of substantial due process rights; or

    (iv) A matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity that affect public confidence.

    (2) A request for expedited processing may be made at the time of the initial request for records or at any later time.

    (3) A requester who seeks expedited processing must submit a statement, certified to be true and correct to the best of that person's knowledge and belief, explaining in detail the basis for requesting expedited processing.

    (4) Within ten calendar days of receiving of a request for expedited processing, the FOIA Officer shall decide whether to grant the request for expedited processing and shall notify the requester of the decision. If a request for expedited processing is granted, the underlying FOIA request shall be given priority and shall be processed as soon as practicable. If a request for expedited processing is denied, any appeal of that decision shall be acted on expeditiously.

    7. Revise § 1007.6 to read as follows:
    § 1007.6 Time limits for processing initial requests.

    (a) Basic limit. Requests for records shall be processed promptly. A determination whether to grant or deny a request shall be made within 20 working days after receipt of a request. This determination shall be communicated immediately to the requester.

    (b) Running of basic time limit. (1) The 20 working day time limit begins to run when a perfected request meeting the requirements of § 1007.3(b) is received at the Presidio Trust.

    (2) The running of the basic time limit may be delayed or tolled as explained in § 1007.9(f), (g) and (h) if a requester:

    (i) Has not stated a willingness to pay fees as high as are anticipated and has not sought and been granted a full fee waiver; or

    (ii) Has not made a required advance payment.

    (c) Extensions of time. In the following unusual circumstances, the time limit for acting on an initial request may be extended to the extent reasonably necessary to the proper processing of the request, but in no case may the time limit be extended by more than 20 working days:

    (1) The need to search for and collect the requested records from facilities or other establishments that are separate from the main office of the Presidio Trust;

    (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records demanded in a single request; or

    (3) The need for consultation, which shall be conducted with all practicable speed, with another department or agency having a substantial interest in the determination of the request.

    (d) Notice of extension. A requester shall be notified in writing of an extension under paragraph (c) of this section. The notice shall state the reason for the extension and the date on which a determination on the request is expected to be made. When the extension exceeds ten working days, the requester shall be provided with an opportunity to modify the request or arrange an alternative time period for processing the original or modified request. The requester shall also be notified of the dispute resolution services offered by the Office of Government Information Services.

    (e) Treatment of delay as denial. If no determination has been reached at the end of the 20 working day period for deciding an initial request, or an extension thereof under paragraph (c) of this section, the requester may deem the request denied and may exercise a right of appeal in accordance with § 1007.7.

    (f) Notice of delay. When a determination cannot be reached within the time limit, or extension thereof, the requester shall be notified of the reason for the delay, of the date on which a determination may be expected, and of the right to treat the delay as a denial for purposes of appeal, including a reference to the procedures for filing an appeal in § 1007.7.

    8. Revise § 1007.7 to read as follows:
    § 1007.7 Appeals.

    (a) Right of appeal. A requester may appeal to the Executive Director when:

    (1) Records have been withheld;

    (2) A request has been denied for failure to describe requested records or for other procedural deficiency or because requested records cannot be located;

    (3) A fee waiver has been denied;

    (4) A request has not been decided within the time limits provided in § 1007.6; or

    (5) A request for expedited processing under § 1007.5(g) has been denied.

    (b) Time for appeal. An appeal must be received at the office of the Presidio Trust no later than 90 calendar days after the date of the initial denial, in the case of a denial of an entire request, or 90 calendar days after records have been made available, in the case of a partial denial.

    (c) Form of appeal. (1) An appeal shall be initiated by filing a written notice of appeal. The notice shall be accompanied by copies of the original request and the initial denial and should, in order to expedite the appellate process and give the requester an opportunity to present his or her arguments, contain a brief statement of the reasons why the requester believes the initial denial to have been in error.

    (2) The appeal shall be addressed to the Executive Director, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.

    (3) To facilitate handling, both the envelope containing a notice of appeal and the face of the notice should bear the legend “FREEDOM OF INFORMATION APPEAL.”

    (d) Appeal required. Before seeking review by a court of an adverse determination by the Presidio Trust, a requester must first submit a timely administrative appeal.

    9. Revise § 1007.8 to read as follows:
    § 1007.8 Action on appeals.

    (a) Authority. Appeals shall be decided by the Executive Director after consultation with the FOIA Officer and the General Counsel.

    (b) Time limit. A final determination shall be made within 20 working days after receipt of an appeal meeting the requirements of § 1007.7(c).

    (c) Extensions of time. (1) If the time limit for responding to the initial request for a record was not extended under the provisions of § 1007.6(c) or was extended for fewer than ten working days, the time for processing of the appeal may be extended to the extent reasonably necessary to the proper processing of the appeal, but in no event may the extension, when taken together with any extension made during processing of the initial request, result in an aggregate extension with respect to any one request of more than ten working days. The time for processing of an appeal may be extended only if one or more of the unusual circumstances listed in § 1007.6(c) requires an extension.

    (2) The appellant shall be advised in writing of the reasons for the extension and the date on which a final determination on the appeal is expected to be dispatched.

    (3) If no determination on the appeal has been reached at the end of the 20 working day period, or the extension thereof, the requester is deemed to have exhausted administrative remedies, giving rise to a right of review in the United States District Court for the Northern District of California, as specified in 5 U.S.C. 552(a)(4).

    (4) When no determination can be reached within the applicable time limit, the appeal will nevertheless continue to be processed. On expiration of the time limit, the requester shall be informed of the reason for the delay, of the date on which a determination may be reached to be dispatched, of the dispute resolution services offered by the Office of Government Information Services, and of the right to seek judicial review.

    (5) An appeal ordinarily will not be adjudicated if the request becomes a matter of FOIA litigation.

    (d) Form of decision. (1) The final determination on an appeal shall be in writing and shall state the basis for the determination. If the determination is to release the requested records or portions thereof, the FOIA Officer shall immediately make the records available. If the determination upholds in whole or part the initial denial of a request for records, the determination shall advise the requester of the right to obtain judicial review in the U.S. District Court for the Northern District of California and shall set forth the names and titles or positions of each person responsible for the denial. The determination shall also inform the requester of the dispute resolution services offered by the Office of Government Information Services. Dispute resolution is a voluntary process. If the Presidio Trust agrees to participate in the dispute resolution services offered by the Office of Government Information Services, it will actively engage as a partner to the process in an attempt to resolve the dispute.

    (2) If a requested record (or portion thereof) is being made available over the objections of a submitter made in accordance with § 1007.4(c), the submitter shall be provided notice as described in § 1007.5(b)(3).

    10. Revise § 1007.9 to read as follows:
    § 1007.9 Fees.

    (a) Policy. (1) Unless waived pursuant to the provisions of § 1007.10, fees for responding to FOIA requests shall be charged in accordance with the provisions of this section and the current schedule of charges determined by the Executive Director and published on the Presidio Trust's website. Such charges shall be set at the level necessary to recoup the full allowable direct costs to the Presidio Trust.

    (2) Fees shall not be charged if the total amount chargeable does not exceed the costs of routine collection and processing of the fee. The Presidio Trust shall periodically determine the cost of routine collection and processing of a fee and publish such amount on its website.

    (3) Where there is a reasonable basis to conclude that a requester or group of requesters acting in concert has divided a request into a series of requests on a single subject or related subjects to avoid assessment of fees, the requests may be aggregated and fees charged accordingly.

    (4) Fees shall be charged to recover the full costs of providing such services as certifying that records are true copies or sending records by a method other than regular mail, when the Presidio Trust elects to provide such services.

    (5) The following definitions shall apply to this part:

    (i) A commercial use request is a request from or on behalf of a person who seeks information for a use or purpose that furthers the commercial, trade or profit interests of the requester or the person on whose behalf the request is made, which can include furthering those interest through litigation. The intended use of records may be determined on the basis of information submitted by a requester and from reasonable inferences based on the identity of the requester and any other available information.

    (ii) The term direct costs refers to those expenses the Presidio Trust incurs in searching for and duplicating (and, in the case of commercial use requests, reviewing) records in order to respond to a FOIA request. For example, direct costs include the salary of the employee performing the work (i.e., the basic rate of pay for the employee, plus 16 percent of that rate to cover benefits) and the cost of operating computers and other electronic equipment, such as photocopiers and scanners. Direct costs do not include overhead expenses such as the costs of space, and of heating or lighting a facility.

    (iii) The term duplication refers to the process of making a copy of a record necessary to respond to a FOIA request. Such copies can take the form of paper copy, microform, audio-visual materials, or machine-readable documentation (e.g., magnetic tape or disk), among others. The copy provided shall be in a form that is reasonably usable by requesters.

    (iv) An educational institution is a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research.

    (v) A noncommercial scientific institution is an institution that is not operated for commerce, trade or profit and that is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry.

    (vi) A representative of the news media is any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term “news” means information that is about current events or that would be of current interest to the public. Non-exhaustive examples of news media entities include television or radio stations that broadcast “news” to the public at large and publishers of periodicals that disseminate “news” and make their products available through a variety of means to the general public, including news organizations that disseminate solely on the internet. A request for records supporting the news-dissemination function of the requester will not be considered to be for a commercial use. “Freelance” journalists who demonstrate a solid basis for expecting publication through a news media entity will be considered as a representative of the news media. A publishing contract would provide the clearest evidence that publication is expected; however, the Presidio Trust can also consider a requester's past publication record in making this determination. The Presidio Trust will advise requesters of their placement in this category.

    (vii) The term review refers to the examination of a record located in response to a request in order to determine whether any portion of it is exempt from disclosure. Review time includes processing any record for disclosure, such as doing all that is necessary to prepare the record for disclosure, including the process of redacting the record and marking the appropriate exemptions. Review costs are properly charged even if a record ultimately is not disclosed. Review time also includes time spent both obtaining and considering any formal objection to disclosure under § 1007.4(c) made by a submitter of confidential commercial information, but it does not include time spent resolving general legal or policy issues regarding the application of exemptions.

    (viii) The term search includes all time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material within documents, databases and information in other electronic records. Searches shall be undertaken in the most efficient and least expensive manner possible, consistent with the Presidio Trust's obligations under the FOIA and other applicable laws.

    (b) Commercial use requests. (1) A requester seeking records for commercial use shall be charged fees for direct costs incurred in document search and review (even if the search and review fails to locate records that are not exempt from disclosure) and duplication.

    (2) A commercial use requester may not be charged fees for time spent resolving legal and policy issues affecting access to requested records.

    (c) Educational and noncommercial scientific institution requests. (1) A requester seeking records under the auspices of an educational institution in furtherance of scholarly research or a noncommercial scientific institution in furtherance of scientific research shall be charged for document duplication, except that the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge.

    (2) Such requesters may not be charged fees for costs incurred in:

    (i) Searching for requested records;

    (ii) Examining requested records to determine whether they are exempt from mandatory disclosure;

    (iii) Deleting reasonably segregable exempt matter;

    (iv) Monitoring the requester's inspection of agency records; or

    (v) Resolving legal and policy issues affecting access to requested records.

    (d) News media requests. (1) A representative of the news media shall be charged for document duplication, except that the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge.

    (2) Representatives of the news media may not be charged fees for costs incurred in:

    (i) Searching for requested records;

    (ii) Examining requested records to determine whether they are exempt from mandatory disclosure;

    (iii) Deleting reasonably segregable exempt matter;

    (iv) Monitoring the requester's inspection of agency records; or

    (v) Resolving legal and policy issues affecting access to requested records.

    (e) Other requests. (1) A requester not covered by paragraphs (b), (c), or (d) of this section shall be charged fees for the direct costs for document search (even if the search fails to locate records that are not exempt from disclosure) and duplication, except that the first two hours of search time and the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge.

    (2) Such requesters may not be charged for costs incurred in:

    (i) Examining requested records to determine whether they are exempt from disclosure;

    (ii) Deleting reasonably segregable exempt matter;

    (iii) Monitoring the requester's inspection of agency records; or

    (iv) Resolving legal and policy issues affecting access to requested records.

    (f) Requests for clarification. Where a request does not provide sufficient information to determine whether it is covered by paragraph (b), (c), (d), or (e) of this section, the requester should be asked to provide additional clarification. If it is necessary to seek such clarification, the request may be deemed to have not been received for purposes of the time limits established in § 1007.6 until the clarification is received. Requests to requesters for clarification shall be made promptly.

    (g) Notice of anticipated fees. Where a request does not state a willingness to pay fees as high as anticipated by the Presidio Trust, and the requester has not sought and been granted a full waiver of fees under § 1007.10, the request may be deemed to have not been received for purposes of the time limits established in § 1007.6 until the requester has been notified of and agrees to pay the anticipated fee. Advice to requesters with respect to anticipated fees shall be provided promptly.

    (h) Advance payment. (1) Where it is anticipated that allowable fees are likely to exceed $250.00, the requester may be required to make an advance payment of the entire fee before processing of his or her request.

    (2) Where a requester has previously failed to pay a fee within 30 days of the date of billing, processing of any request from that requester shall ordinarily be suspended until the requester pays any amount still owed, including applicable interest, and makes advance payment of allowable fees anticipated in connection with the request.

    (3) Advance payment of fees may not be required except as described in paragraphs (h) (1) and (2) of this section.

    (4) Issuance of a notice requiring payment of overdue fees or advance payment shall toll the time limit in § 1007.6 until receipt of payment.

    (i) Form of payment. Payment of fees should be made by check or money order payable to the Presidio Trust. Where appropriate, the official responsible for handling a request may require that payment by check be made in the form of a certified check.

    (j) Billing procedures. A bill for collection shall be prepared for each request that requires collection of fees.

    (k) Collection of fees. The bill for collection or an accompanying letter to the requester shall include a statement that interest will be charged in accordance with the Debt Collection Act of 1982, 31 U.S.C. 3717, and implementing regulations, 4 CFR 102.13, if the fees are not paid within 30 days of the date of the bill for collection is mailed or hand-delivered to the requester. This requirement does not apply if the requester is a unit of State or local government. Other authorities of the Debt Collection Act of 1982 shall be used, as appropriate, to collect the fees.

    PART 1008—REQUESTS UNDER THE PRIVACY ACT 11. The authority citation for part 1008 continues to read as follows: Authority:

    Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

    12. Amend § 1008.2 to revise the definition of individual to read as follows:
    § 1008.2 Definitions.

    Individual means a citizen of the United States or an alien who is currently lawfully admitted for permanent residence.

    13. Revise § 1008.9 to read as follows:
    § 1008.9 Disclosure of records.

    (a) Prohibition of disclosure. No record contained in a system of records may be disclosed by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.

    (b) General exceptions. The prohibition contained in paragraph (a) of this section does not apply where disclosure of the record would be:

    (1) To those officers or employees of the Presidio Trust who have a need for the record in the performance of their duties; or

    (2) Required by the Freedom of Information Act, 5 U.S.C. 552.

    (c) Specific exceptions. The prohibition contained in paragraph (a) of this section does not apply where disclosure of the record would be:

    (1) For a routine use which has been described in a system notice published in the Federal Register;

    (2) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of Title 13, U.S. Code;

    (3) To a recipient who has provided the system manager responsible for the system in which the record is maintained with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

    (4) To the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value;

    (5) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Presidio Trust specifying the particular portion desired and the law enforcement activity for which the record is sought;

    (6) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

    (7) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;

    (8) To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office;

    (9) Pursuant to the order of a court of competent jurisdiction; or

    (10) To a consumer reporting agency in accordance with section 3(d) of the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711(e)).

    (d) Reviewing records prior to disclosure. (1) Prior to any disclosure of a record about an individual, unless disclosure is required by the Freedom of Information Act, reasonable efforts shall be made to ensure that the records are accurate, complete, timely and relevant for agency purposes.

    (2) When a record is disclosed in connection with a Freedom of Information Act request made under this part and it is appropriate and administratively feasible to do so, the requester shall be informed of any information known to the Presidio Trust indicating that the record may not be fully accurate, complete, or timely.

    (e) Notice of court-ordered and emergency disclosures. (1) Court-ordered disclosures. When a record pertaining to an individual is required to be disclosed by a court order, the Presidio Trust will make reasonable efforts to provide notice of this to the individual. Notice will be given within a reasonable time after the Presidio Trust's receipt of the order—except that in a case in which the order is not a matter of public record, the notice will be given only after the order becomes public. This notice will be mailed to the individual's last known address and will contain a copy of the order and a description of the information disclosed. Notice will not be given if disclosure is made from a criminal law enforcement system of records that has been exempted from the notice requirement.

    (2) Emergency disclosures. Upon disclosing a record pertaining to an individual made under compelling circumstances affecting health or safety, the Presidio Trust will notify that individual of the disclosure. This notice will be mailed to the individual's last known address and will state the nature of the information disclosed, the person, organization or agency to which it was disclosed, the date of the disclosure, and the compelling circumstances justifying the disclosure.

    14. Revise § 1008.10 to read as follows:
    § 1008.10 Accounting for disclosures.

    (a) Maintenance of an accounting. (1) Where a record is disclosed to any person, or to another agency, under any of the specific exceptions provided by § 1008.9(c), an accounting shall be made.

    (2) The accounting shall record:

    (i) The date, nature, and purpose of each disclosure of a record to any person or to another agency; and

    (ii) The name and address of the person or agency to whom the disclosure was made.

    (3) Accountings prepared under this section shall be maintained for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made.

    (b) Access to accountings. (1) Except for accountings of disclosures made under § 1008.9(b) or 1008.9(c)(5), accountings of all disclosures of a record shall be made available to the individual to whom the record relates at the individual's request.

    (2) An individual desiring access to an accounting of disclosures of a record pertaining to the individual shall submit a request by following the procedures of § 1008.13.

    (c) Notification of disclosure. When a record is disclosed pursuant to § 1008.9(c)(9) as the result of the order of a court of competent jurisdiction, reasonable efforts shall be made to notify the individual to whom the record pertains as soon as the order becomes a matter of public record.

    15. Revise § 1008.11 to read as follows:
    § 1008.11 Request for notification of existence of records: Submission.

    (a) Submission of requests. (1) Individuals desiring to determine under the Privacy Act whether a system of records contains records pertaining to them shall address inquiries to the Privacy Act Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, unless the system notice describing the system prescribes or permits submission to some other official or officials.

    (2) Individuals desiring to determine whether records pertaining to them are maintained in two or more systems shall make a separate inquiry concerning each system.

    (b) Form of request. (1) An inquiry to determine whether a system of records contains records pertaining to an individual shall be in writing.

    (2) To expedite processing, both the envelope containing a request and the face of the request should bear the legend “PRIVACY ACT INQUIRY.”

    (3) The request shall state that the individual is seeking information concerning records pertaining to him or herself and shall supply such additional identifying information, if any, as is called for in the system notice describing the system.

    (4) The request must include verification of the requester's identity, including the requester's full name, current address, and date and place of birth. The request must be signed by the requester, and the signature must be notarized or submitted under 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization.

    (5) If the request is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the requester must establish:

    (i) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at the requester's option, the Social Security number of the individual;

    (ii) The requester's identity, as required in paragraph 4 above of this section;

    (iii) That the requester is the parent or guardian of that individual, which the requester may prove by providing a copy of the individual's birth certificate showing the requester's parentage or by providing a court order establishing the requester's guardianship; and

    (iv) That the requester is acting on behalf of that individual in making the request.

    (6) Individuals who have reason to believe that information pertaining to them may be filed under a name other than the name they are currently using (e.g., maiden name), shall include such information in the request.

    16. Revise § 1008.14 to read as follows:
    § 1008.14 Requests for access to records: Submission.

    (a) Submission of requests. (1) Requests for access to records shall be submitted to the Privacy Act Officer unless the system notice describing the system prescribes or permits submission to some other official or officials.

    (2) Individuals desiring access to records maintained in two or more separate systems shall submit a separate request for access to the records in each system.

    (b) Form of request. (1) A request for access to records subject to the Privacy Act shall be in writing and addressed to Privacy Act Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.

    (2) To expedite processing, both the envelope containing a request and the face of the request should bear the legend “PRIVACY ACT REQUEST FOR ACCESS.”

    (3) Requesters shall specify whether they seek all of the records contained in the system which relate to them or only some portion thereof. If only a portion of the records which relate to the individual are sought, the request shall reasonably describe the specific record or records sought.

    (4) If the requester seeks to have copies of the requested records made, the request shall state the maximum amount of copying fees which the requester is willing to pay. A request which does not state the amount of fees the requester is willing to pay will be treated as a request to inspect the requested records. Requesters are further notified that under § 1008.15(d) the failure to state willingness to pay fees as high as are anticipated by the Presidio Trust will delay processing of a request.

    (5) The request shall supply such identifying information, if any, as is called for in the system notice describing the system.

    (6) The request must include verification of the requester's identity, including the requester's full name, current address, and date and place of birth. The request must be signed by the requester, and the signature must be notarized or submitted under 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization.

    (7) If the request is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the requester must establish:

    (i) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at the requester's option, the Social Security number of the individual;

    (ii) The requester's identity, as required in paragraph 6 above of this section;

    (iii) That the requester is the parent or guardian of that individual, which the requester may prove by providing a copy of the individual's birth certificate showing the requester's parentage or by providing a court order establishing the requester's guardianship; and

    (iv) That the requester is acting on behalf of that individual in making the request.

    (8) Requests failing to meet the requirements of this paragraph shall be returned to the requester with a written notice advising the requester of the deficiency in the request.

    17. Revise § 1008.15 to read as follows:
    § 1008.15 Requests for access to records: Initial decision.

    (a) Acknowledgements of requests. Upon receipt of a request, the Presidio Trust ordinarily will send an acknowledgement letter to the requester which will confirm the requester's agreement to pay fees and will provide an assigned request number for further reference.

    (b) Decisions on requests. A request made under this part for access to a record shall be granted promptly unless the record:

    (1) Was compiled in reasonable anticipation of a civil action or proceeding; or

    (2) Is contained in a system of records which has been excepted from the access provisions of the Privacy Act by rulemaking.

    (c) Authority to deny requests. A decision to deny a request for access under this part shall be made by the Privacy Act Officer in consultation with the General Counsel.

    (d) Form of decision. (1) No particular form is required for a decision granting access to a record. The decision shall, however, advise the individual requesting the record as to where and when the record is available for inspection or, as the case may be, where and when copies will be available. If fees are due under § 1008.15(e), the individual requesting the record shall also be notified of the amount of fees due or, if the exact amount has not been determined, the approximate amount of fees due.

    (2) A decision denying a request for access, in whole or part, shall be in writing and shall:

    (i) State the basis for denial of the request;

    (ii) Contain a statement that the denial may be appealed to the Executive Director pursuant to § 1008.16 by writing to the Executive Director, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052; and

    (iii) State that the appeal must be received by the foregoing official within 20 working days of the date of the decision.

    (3) If the decision denying a request for access involves records which fall under the jurisdiction of another agency, the individual shall be informed in a written response which shall:

    (i) State the reasons for the denial;

    (ii) Include the name, position title, and address of the official responsible for the denial; and

    (iii) Advise the individual that an appeal of the declination may be made only to the appropriate official of the relevant agency, and include that official's name, position title, and address.

    (4) Copies of decisions denying requests for access made pursuant to paragraphs (d)(2) and (d)(3) of this section will be provided to the Privacy Act Officer.

    (e) Fees. (1) No fees may be charged for the cost of searching for or reviewing a record in response to a request made under § 1008.14.

    (2) Unless the Privacy Act Officer determines that reduction or waiver of fees is appropriate, fees for copying a record in response to a request made under § 1008.14 shall be charged in accordance with the provisions of this section and the current schedule of charges determined by the Executive Director and published on the Trust's website. Such charges shall be set at the level necessary to recoup the full allowable direct costs to the Trust.

    (3) Where it is anticipated that fees chargeable in connection with a request will exceed the amount the person submitting the request has indicated a willingness to pay, the Privacy Act Officer shall notify the requester and shall not complete processing of the request until the requester has agreed, in writing, to pay fees as high as are anticipated.

    18. Revise § 1008.18 to read as follows:
    § 1008.18 Amendment of records.

    The Privacy Act permits individuals to request amendment of records pertaining to them contained in a system of records if they believe the records are not accurate, relevant, timely or complete. 5 U.S.C. 552a(d)(2). A request for amendment of a record shall be submitted in accordance with the procedures in this part.

    19. Revise § 1008.19 to read as follows:
    § 1008.19 Petitions for amendment: Submission and form.

    (a) Submission of petitions for amendment. (1) A request for amendment of a record shall be submitted to the Privacy Act Officer unless the system notice describing the system prescribes or permits submission to a different official or officials. If an individual wishes to request amendment of records located in more than one system, a separate petition must be submitted with respect to each system.

    (2) A petition for amendment of a record may be submitted only if the individual submitting the petition has previously requested and been granted access to the record and has inspected or been given a copy of the record.

    (b) Form of petition. (1) A petition for amendment shall be in writing, shall specifically identify the record for which amendment is sought, and shall be addressed to the Privacy Act Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.

    (2) To expedite processing, both the envelope containing a petition and the face of the petition should bear the legend “PRIVACY ACT PETITION FOR AMENDMENT.”

    (3) The petition shall state, in detail, the reasons why the petitioner believes the record, or the objectionable portion thereof, is not accurate, relevant, timely or complete. Copies of documents or evidence relied upon in support of these reasons shall be submitted with the petition.

    (4) The petition shall state, specifically and in detail, the changes sought in the record. If the changes involve rewriting the record or portions thereof or involve adding new language to the record, the petition shall propose specific language to implement the changes.

    (5) The petition must include verification of the petitioner's identity, including the petitioner's full name, current address, and date and place of birth. The petition must be signed by the petitioner, and the signature must be notarized or submitted under 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization.

    (6) If the petition is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the petitioner must establish:

    (i) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at the petitioner's option, the Social Security number of the individual;

    (ii) The petitioner's identity, as required in paragraph 5 above of this section;

    (iii) That the petitioner is the parent or guardian of that individual, which the petitioner may prove by providing a copy of the individual's birth certificate showing the petitioner's parentage or by providing a court order establishing the petitioner's guardianship; and

    (iv) That the petitioner is acting on behalf of that individual in making the request.

    (7) Petitions failing to meet the requirements of this paragraph shall be returned to the petitioner with a written notice advising the petitioner of the deficiency in the petition.

    PART 1009—ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT 20. The authority citation for part 1009 continues to read as follows: Authority:

    Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 28 U.S.C. 2672.

    21. Revise § 1009.1 to read as follows:
    § 1009.1 Purpose.

    The purpose of this part is to establish procedures for the filing and settlement of claims under the Federal Tort Claims Act (in part, 28 U.S.C. secs. 2401(b), 2671-2680, as amended). The officers to whom authority is delegated to settle tort claims shall follow and be guided by the regulations issued by the Attorney General prescribing standards and procedures for settlement of tort claims (28 CFR part 14).

    22. Revise § 1009.4 to read as follows:
    § 1009.4 Payment of claims.

    (a) In making an award from proceeds or revenues of the Presidio Trust, the Presidio Trust will process payment using an agreement signed by the claimant and the Executive Director, or his or her designee. In making an award from proceeds or revenues not provided for by the Presidio Trust, the Presidio Trust will process payment as prescribed by 28 CFR 14.10.

    (b) Prior to payment, appropriate releases shall be obtained as provided in 28 CFR 14.10.

    (c) Any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his or her designee.

    PART 1011—DEBT COLLECTION 23. The authority citation for part 1011 continues to read as follows: Authority:

    16 U.S.C. 460bb appendix, as amended.

    24. Revise § 1011.4(a)(7) to read as follows:
    § 1011.4 What notice will the Presidio Trust send to a debtor when collecting a debt?

    (a) * * *

    (7) The following timelines for the referral of a delinquent debt to the FMS:

    (i) That debts over 120 days delinquent and eligible for the centralized administrative offset collection actions described in paragraph (a)(6)(i) of this section must be referred to the FMS for collection (see §§ 1011.10 through 1011.12);

    (ii) That debts over 180 days delinquent not previously referred to the FMS under paragraph (a)(7)(i) of this section must be referred to the FMS for cross servicing debt collection (see § 1011.9).

    25. Revise § 1011.9(a) to read as follows:
    § 1011.9 When will the Presidio Trust transfer a debt to the Financial Management Service for collection?

    (a) Cross-servicing. Unless a delinquent debt has previously been transferred to the FMS for administrative offset in accordance with § 1011.10, the Presidio Trust will transfer any eligible debt that is more than 180 days delinquent to the FMS for debt collection services, a process known as “cross-servicing.” The Presidio Trust may transfer debts delinquent 180 days or less to the FMS in accordance with the procedures described in 31 CFR 285.12. The FMS takes appropriate action to collect or compromise the transferred debt, or to suspend or terminate collection action thereon, in accordance with the statutory and regulatory requirements and authorities applicable to the debt and the collection action to be taken. Appropriate action includes, without limitation, contact with the debtor, referral of the debt to the Treasury Offset Program, private collection agencies or the Department of Justice, reporting of the debt to credit bureaus, and administrative wage garnishment.

    26. Revise § 1011.10(a)(1) to read as follows:
    § 1011.10 How will the Presidio Trust use administrative offset (offset of non-tax federal payments) to collect a debt?

    (a) Centralized administrative offset through the Treasury Offset Program. (1) The Presidio Trust will refer any eligible debt over 120 days delinquent to the Treasury Offset Program for collection by centralized administrative offset. The Presidio Trust may refer any eligible debt less than 120 days delinquent to the Treasury Offset Program for offset.

    Dated: October 3, 2018. Nancy J. Koch, General Counsel.
    [FR Doc. 2018-21969 Filed 10-9-18; 8:45 am] BILLING CODE 4310-4R-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA-HQ-OPPT-2018-0649; FRL-9984-65] RIN 2070-AB27 Significant New Use Rules on Certain Chemical Substances AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 28 chemical substances which were the subject of premanufacture notices (PMNs). The chemical substances are subject to Orders issued by EPA pursuant to section 5(e) of TSCA. This action requires persons who intend to manufacture (defined by statute to include import) or process any of these 28 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination.

    DATES:

    This rule is effective on December 10, 2018. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on October 24, 2018.

    Written adverse comments on one or more of these SNURs must be received on or before November 9, 2018 (see Unit VI. of the SUPPLEMENTARY INFORMATION). If EPA receives written adverse comments, on one or more of these SNURs before November 9, 2018, EPA will withdraw the relevant sections of this direct final rule before its effective date.

    For additional information on related reporting requirement dates, see Units I.A., VI., and VII. of the SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2018-0649, by one of the following methods:

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

    Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

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

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

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-9232; email address: [email protected]

    For general information contact: The TSCA—Hotline, ABVI-Goodwill, 422 South Clinton Ave. Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA—[email protected]

    SUPPLEMENTARY INFORMATION:

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

    You may be potentially affected by this action if you manufacture, process, or use the chemical substances contained in this rule. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Manufacturers or processors of one or more subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries.

    This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import certification

    requirements promulgated at 19 CFR 12.118 through 12.127 and 19 CFR 127.28. Chemical importers must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA. Importers of chemicals subject to these SNURs must certify their compliance with the SNUR requirements. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, any persons who export or intend to export a chemical substance that is the subject of this rule on or after November 9, 2018 are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see § 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D. B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. Background A. What action is the agency taking?

    1. Direct Final Rule. EPA is promulgating these SNURs using direct final rule procedures. These SNURs will require persons to notify EPA at least 90 days before commencing the manufacture or processing of a chemical substance for any activity designated by these SNURs as a significant new use. Receipt of such notices obligates EPA to assess risks that may be associated with the significant new uses under the conditions of use and, if appropriate, to regulate the proposed uses before they occur.

    2. Proposed Rule. In addition to this Direct Final Rule, elsewhere in this issue of the Federal Register, EPA is issuing a Notice of Proposed Rulemaking for this rule. If EPA receives no adverse comment, the Agency will not take further action on the proposed rule and the direct final rule will become effective as provided in this action. If EPA receives adverse comment on one or more of SNURs in this action by October 25, 2018 (see Unit VI. of the SUPPLEMENTARY INFORMATION), the Agency will publish in the Federal Register a timely withdrawal of the specific SNURs that the adverse comments pertain to, informing the public that the actions will not take effect. EPA would then address all adverse public comments in a response to comments document in a subsequent final rule, based on the proposed rule.

    B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to determine that a use of a chemical substance is a “significant new use.” EPA must make this determination by rule after considering all relevant factors, including the four bulleted TSCA section 5(a)(2) factors listed in Unit III. Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture or process the chemical substance for that use (15 U.S.C. 2604(a)(1)(B)(i)). TSCA furthermore prohibits such manufacturing or processing from commencing until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination (15 U.S.C. 2604(a)(1)(B)(ii)). As described in Unit V., the general SNUR provisions are found at 40 CFR part 721, subpart A.

    C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A. These provisions describe persons subject to the rule, recordkeeping requirements, exemptions to reporting requirements, and applicability of the rule to uses occurring before the effective date of the rule. Provisions relating to user fees appear at 40 CFR part 700. According to § 721.1(c), persons subject to these SNURs must comply with the same SNUN requirements and EPA regulatory procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these requirements include the information submission requirements of TSCA section 5(b) and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA must either determine that the significant new use is not likely to present an unreasonable risk of injury or take such regulatory action as is associated with an alternative determination before the manufacture or processing for the significant new use can commence. If EPA determines that the significant new use is not likely to present an unreasonable risk, EPA is required under TSCA section 5(g) to make public, and submit for publication in the Federal Register, a statement of EPA's findings.

    III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use of a chemical substance is a significant new use must be made after consideration of all relevant factors, including:

    • The projected volume of manufacturing and processing of a chemical substance.

    • The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance.

    • The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance.

    • The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.

    In addition to these factors enumerated in TSCA section 5(a)(2), the statute authorizes EPA to consider any other relevant factors.

    To determine what would constitute a significant new use for the 28 chemical substances that are the subject of these SNURs, EPA considered relevant information about the toxicity of the chemical substances, likely human exposures and environmental releases associated with possible uses, and the four bulleted TSCA section 5(a)(2) factors listed in this unit.

    IV. Substances Subject to This Rule

    EPA is establishing significant new use and recordkeeping requirements for 28 chemical substances in 40 CFR part 721, subpart E. In this unit, EPA provides the following information for each chemical substance:

    • PMN number.

    • Chemical name (generic name, if the specific name is claimed as CBI).

    • Chemical Abstracts Service (CAS) Registry number (if assigned for non-confidential chemical identities).

    • Basis for the TSCA section 5(e) Order.

    • Information identified by EPA that would help characterize the potential health and/or environmental effects of the chemical substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use designated by the SNUR.

    This information may include testing required in a TSCA section 5(e) Order to be conducted by the PMN submitter, as well as testing not required to be conducted but which would also help characterize the potential health and/or environmental effects of the PMN substance. Any recommendation for information identified by EPA was made based on EPA's consideration of available screening-level data, if any, as well as other available information on appropriate testing for the chemical substance. Further, any such testing identified by EPA that includes testing on vertebrates was made after consideration of available toxicity information, computational toxicology and bioinformatics, and high-throughput screening methods and their prediction models. EPA also recognizes that whether testing/further information is needed will depend on the specific exposure and use scenario in the SNUN. EPA encourages all SNUN submitters to contact EPA to discuss any potential future testing. See Unit VIII. for more information.

    • CFR citation assigned in the regulatory text section of this rule.

    The regulatory text section of these rules specifies the activities designated as significant new uses. Certain new uses, including exceedance of production volume limits (i.e., limits on manufacture volume) and other uses designated in this rule, may be claimed as CBI. Unit IX. discusses a procedure companies may use to ascertain whether a proposed use constitutes a significant new use.

    These rules include 28 PMN substances that are subject to Orders under TSCA section 5(e)(1)(A). Each Order is based on one or more of the findings in TSCA section 5(a)(3)(B): there is insufficient information to permit a reasoned evaluation; in the absence of sufficient information to permit a reasoned evaluation, the activities associated with the PMN substances may present unreasonable risk to human health or the environment; the substance is or will be produced in substantial quantities, and enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant (substantial) human exposure to the substance. Those Orders require protective measures to limit exposures or otherwise mitigate the potential unreasonable risk. The SNURs identify as significant new uses any manufacturing, processing, use, distribution in commerce, or disposal that does not conform to the restrictions imposed by the underlying Orders, consistent with TSCA section 5(f)(4).

    Where EPA determined that the PMN substance may present an unreasonable risk of injury to human health via inhalation exposure, the underlying TSCA section 5(e) Order required, among other things, that potentially exposed employees wear specified respirators unless actual measurements of the workplace air show that air-borne concentrations of the PMN substance are below a New Chemical Exposure Limit (NCEL) that is established by EPA to provide adequate protection to human health. In addition to the actual NCEL concentration, the comprehensive NCELs provisions in TSCA section 5(e) Orders, which are modeled after Occupational Safety and Health Administration (OSHA) Permissible Exposure Limits (PELs) provisions, include requirements addressing performance criteria for sampling and analytical methods, periodic monitoring, respiratory protection, and recordkeeping. However, no comparable NCEL provisions currently exist in 40 CFR part 721, subpart B, for SNURs. Therefore, for these cases, the individual SNURs in 40 CFR part 721, subpart E, will state that persons subject to the SNUR who wish to pursue NCELs as an alternative to the § 721.63 respirator requirements may request to do so under § 721.30. EPA expects that persons whose § 721.30 requests to use the NCELs approach for SNURs that are approved by EPA will be required to comply with NCELs provisions that are comparable to those contained in the corresponding TSCA section 5(e) Order for the same chemical substance.

    PMN Numbers: P-15-442, P-15-443, P-15-444, P-15-445, P-15-446, P-15-447, P-15-525, P-15-526, P-15-527, and P-15-528.

    Chemical names: Rare earth doped zirconium oxide (generic).

    CAS numbers: Not available.

    Effective date of TSCA section 5(e) Order: January 25, 2018.

    Basis for TSCA section 5(e) Order: The PMNs state that the generic (non-confidential) use of the substances will be as catalysts. EPA identified concern for lung toxicity and oncogenicity based on analogy to respirable poorly soluble particulates and the crystalline structure of the substances. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the absence of sufficient information to permit a reasoned evaluation, the substances may present an unreasonable risk of injury to human health and the environment. The order was also issued under TSCA sections 5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on a finding that the substances will be produced in substantial quantities and that the substances either enter or may reasonably be anticipated to enter the environment in substantial quantities, or there is or may be significant (or substantial) human exposure to the substances. To protect against these risks, the Order requires:

    1. Submit to EPA certain toxicity testing for both P-15-443 and P-15-445 within the 18 and 60-month time limits specified on the Order.

    2. Use of a National Institute of Occupational Safety and Health (NIOSH)-certified respirator with an assigned protection factor (APF) of at least 1,000 where there is a potential for inhalation exposure or compliance with a NCEL of 0.07 mg/m3 as an 8-hour time-weighted average to prevent inhalation exposure;

    3. Establishment and use of a hazard communication program, including human health precautionary statements on each label and in the safety data sheet (SDS).

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about the health effects of the PMN substances may be potentially useful to characterize the effects of the PMN substances in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. The submitter has agreed not to exceed the time limits in the Order without performing specific pulmonary toxicity testing and carcinogenicity testing on PMN substances P-15-443 and P-15-445.

    CFR citation: 40 CFR 721.11173.

    PMN Numbers: P-16-194, P-16-195, P-16-196, P-16-197, P-16-198, P-16-199, P-16-460, P-16-461, P-16-462, P-16-463, and P-16-464.

    Chemical names: Silane-treated aluminosilicate (generic).

    CAS numbers: Not available.

    Effective date of TSCA section 5(e) Order: January 22, 2018.

    Basis for TSCA section 5(e) Order: The PMNs state that the generic (non-confidential) use of the substances will be as process aids. Based on analysis of test data on the PMN substances, EPA identified human health concerns for cancer and non-cancer chronic toxicity effects associated with the metal impurities found in the PMN substances. Environmental effects were identified for the metal constituents in the PMN substances. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the absence of sufficient information to permit a reasoned evaluation, the substances may present an unreasonable risk of injury to human health and the environment. To protect against these risks, the Order requires:

    1. Submit to EPA metals content analysis of the material used to manufacture the PMN substances.

    2. Provide personal protective equipment to its workers to prevent dermal exposure where there is potential for dermal exposure.

    3. Use of a NIOSH-certified respirator with an APF of at least 50 where there is a potential for inhalation exposures.

    4. Establishment and use of a hazard communication program, including human health precautionary statements on each label and in the SDS.

    5. Not manufacture or process the PMN substances other than at facilities equipped with pollution controls, such as a bag house, that remove particulates from the air at 99% or greater efficiency.

    6. Not use the PMN substances other than as described in the PMN.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about the health effects of the PMN substances may be potentially useful to characterize the effects of the PMN substances in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. The submitter has agreed not to exceed the time limits in the Order without sampling and analyzing the immediate precursor used to manufacture the PMN substances via EPA Method 6010B for the following elements: arsenic, barium, beryllium, cadmium, chromium, cobalt, copper, lead, manganese, mercury, nickel, selenium, silver, vanadium, and zinc.

    CFR citations: 40 CFR 721.11174.

    PMN Number: P-16-307

    Chemical Name: Heteropolycycliccarboxylic acid, 1,3-dihydro-disubstituted-, polymer with 1,1'-methylenebis, reaction products with silica (generic).

    CAS Number: Not available.

    Effective date of TSCA section 5(e) Order: January 5, 2018.

    Basis for TSCA section 5(e) Order: The PMN states that the generic (non-confidential) use of the substance will be an open, non-dispersive use. Based on physical/chemical properties of the PMN substance and structure activity relationship (SAR) analysis of test data on analogous poorly, soluble respirable particles and isocyanates, EPA identified concerns for lung effects and dermal and respiratory sensitization. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I) of TSCA, based on a finding that in the absence of sufficient information to permit a reasoned evaluation, the substance may present an unreasonable risk of injury to human health. To protect against these risks, the Order requires:

    1. Manufacture of the PMN substance to contain no more than 0.1% residual of free isocyanate by weight;

    2. Use of personal protective equipment where there is a potential for dermal exposure;

    3. No manufacturing, processing, or use of the PMN substance in any manner that generates a vapor, dust, mist, or aerosol;

    4. Refraining from manufacture, processing or use for consumer use or in commercial use where there is use in a consumer setting;

    5. Manufacture, process, or use the PMN substance only in liquid formulation; and

    6. Establishment and use of a hazard communication program, including human health precautionary statements on each label and in the SDS.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about health effects of the PMN substance may be potentially useful to characterize the effects of the PMN substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. EPA has also determined that the results of acute toxicity testing and specific target organ toxicity testing would help characterize the potential human effects of the PMN substance. Although the Order does not require these tests, the Order's restrictions remain in effect until the Order is modified or revoked by EPA based on submission of this or relevant information.

    CFR citation: 40 CFR 721.11175.

    PMN Number: P-17-176

    Chemical name: Carbonic acid, alkyl carbomonocyclic ester (generic).

    CAS number: Not available.

    Effective date of TSCA section 5(e) Order: February 21, 2018.

    Basis for TSCA section 5(e) Order: The PMNs state that the generic (non-confidential) use of the substance will be as a battery ingredient. Based on toxicology data from an analogue, EPA has identified possible human health concerns for developmental toxicity and effects on the ovaries, adrenals and liver. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the absence of sufficient information to permit a reasoned evaluation, the substance may present an unreasonable risk of injury to human health. To protect against these risk, the Order requires:

    1. Submit to EPA certain toxicity testing within 3 years of the notice of commencement of manufacturing (including import) of the PMN substance;

    2. Use of personal protective equipment to its workers to prevent dermal exposure where there is a potential for dermal exposure;

    3. Establishment and use of a hazard communication program, including human health precautionary statements on each label and in the SDS.

    4. Refraining from domestic manufacture in the United States (i.e., import only); and

    5. No release of the PMN substance into waters of the United States exceeding 45 parts per billion.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about the environmental and health effects of the PMN substance may be potentially useful to characterize the effects of the PMN substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. The submitter has agreed not to manufacture the PMN substance without performing specific reproductive/developmental toxicity testing 3 years from the notice of commencement. EPA has also determined that the results of specific chronic aquatic toxicity testing would help characterize the potential environmental effects of the PMN substance. Although the Order does not require these tests, the Order's restrictions remain in effect until the Order is modified or revoked by EPA based on submission of this or relevant information.

    CFR citation: 40 CFR 721.11176.

    PMN Number: P-17-183.

    Chemical name: 1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer with 2-(chloromethyl)oxirane, reaction products with polyethylene-polypropylene glycol 2-aminopropyl Me ether.

    CAS number: 1627528-04-4.

    Effective date of TSCA section 5(e) Order: February 28, 2018.

    Basis for TSCA section 5(e) Order: The PMNs state that the generic (non-confidential) use of the substance will be as a pigment wetting and dispersing additive. Based on the surfactant potential of the PMN compound, EPA has identified concerns for lung effects to workers if respirable particulates or droplets are inhaled. The Order was issued under TSCA sections 5(a)(3)(B)(i) and 5(e)(1)(A)(i), based on a finding that the available information is insufficient to permit a reasoned evaluation of the human health effects of the PMN substance. To protect against these risks, the Order requires:

    1. Establishment and use of a hazard communication program, including human health precautionary statements on each label and in the SDS;

    2. Refraining from domestic manufacture in the United States (i.e., import only);

    3. No manufacturing, processing, or using the PMN substance in any manner that results in inhalation exposure to vapors, mists, aerosols or dusts;

    4. No use of the PMN substance other than the confidential uses allowed by the Order; and

    5. No use of the PMN substance in consumer products.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about the health effects of the PMN substance may be potentially useful to characterize the effects of the PMN substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. EPA has determined that the results of specific physical-chemical properties and acute and chronic pulmonary toxicity testing would help characterize the potential health effects of the PMN substance. Although the Order does not require these tests, the Order's restrictions remain in effect until the Order is modified or revoked by EPA based on submission of this or relevant information.

    CFR citation: 40 CFR 721.11177.

    PMN Number: P-17-232.

    Chemical name: Copolyamide of an aromatic dicarboxylic acid and a mixture of diamines (generic).

    CAS number: Not available.

    Effective date of TSCA section 5(e) Order: March 5, 2018.

    Basis for TSCA section 5(e) Order: The PMN states that the generic (non-confidential) use of the substance is as an engineering thermoplastic. Based on SAR analysis on structurally similar poorly soluble particles, EPA identified concerns for lung effects to workers if respirable particles are present. The Order was issued under TSCA section 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the absence of sufficient information to permit a reasoned evaluation, the substance may present an unreasonable risk of injury to human health. To protect against these risk, the Order requires:

    Manufacture the PMN substance with a particle size of greater than 10 microns.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about the health effects of the PMN substance may be potentially useful to characterize the effects of the PMN substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. EPA has also determined that the results of pulmonary toxicity testing would help characterize the potential human effects of the PMN substance. Although the Order does not require this testing, the Order's restrictions remain in effect until the Order is modified or revoked by EPA based on submission of this or relevant information.

    CFR citation: 40 CFR 721.11178.

    PMN Number: P-17-257.

    Chemical name: Single-walled carbon nanotubes.

    CAS number: Not available.

    Effective date of TSCA section 5(e) Order: January 17, 2018.

    Basis for TSCA section 5(e) Order: The PMN states that the generic (non-confidential) use of the substance will be as an additive in composite materials for mechanical, thermal, and conductivity improvements. Based on analysis of analogous carbon nanotubes, EPA identified concerns for pulmonary toxicity. Based on analogous carbon nanotubes, EPA also identified potential toxicity to aquatic organisms if the PMN substance is released to water. The order was issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based on a finding that in the absence of sufficient information to permit a reasoned evaluation, the PMN substance may present an unreasonable risk of injury to human health and the environment. To protect against these risks, the Order requires:

    1. Submit to EPA certain toxicity testing before manufacturing (including import) by the times specified in the Order.

    2. Provide personal protective equipment to its workers to prevent dermal exposure where there is a potential for dermal exposure.

    3. Provide NIOSH certified respirators with an APF of at least 50 to its workers to prevent inhalation exposure.

    4. No use of the PMN substance in application methods that generate a dust, vapor, mist or aerosol.

    5. Use the PMN substance for industrial uses only.

    6. Use the PMN substance only for the confidential uses allowed in the Order.

    7. No release of the PMN substance to water.

    8. Disposal of the PMN substance only via landfill or incineration.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about the environmental and health effects of the PMN substance may be potentially useful to characterize the effects of the PMN substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. The submitter has agreed not to manufacture the PMN substance without performing specific physical property and pulmonary toxicity testing. EPA has also determined that the results of specific chronic aquatic toxicity testing would help characterize the potential environmental effects of the PMN substance. Although the Order does not require these tests, the Order's restrictions remain in effect until the Order is modified or revoked by EPA based on submission of this or relevant information.

    CFR citation: 40 CFR 721.11179.

    PMN Number: P-17-283.

    Chemical name: Arenesulfonic acid, alkyl derivatives, metal salts (generic).

    CAS number: Not available.

    Effective date of TSCA section 5(e) Order: February 6, 2018.

    Basis for TSCA section 5(e) Order: The PMN states that the generic (non-confidential) use of the substance will be as a lubricating oil additive for automotive engine oils. Based on analysis of test data on the PMN substance, EPA identified concern for corrosion to skin, eyes, mucous membranes, and lungs. There is also concern for surfactant effects on the lung based on surfactant properties of the compounds. There is also concern for acute toxicity, mutagenicity, irritation, and sensitization based on submitted analogue test data. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the absence of sufficient information to permit a reasoned evaluation, the substance may present an unreasonable risk of injury to human health and the environment. The Order was also issued under TSCA sections 5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on a finding that the substance is or will be produced in substantial quantities and that the substance wither enters or may reasonably be anticipated to enter the environment in substantial quantities, or there is or may be significant (or substantial) human exposure to the substance. To protect against these risks, the Order requires:

    1. Submit to EPA certain toxicity testing within six months of filing a notice of commencement (NOC) to EPA;

    2. Use of personal protective equipment where there is a potential for dermal exposure;

    3. Establishment and use of a hazard communication program, including human health precautionary statements on each label and in the SDS; and

    4. Refrain from manufacturing, processing, or using the PMN substance in any manner that produces vapor, mist, spray or aerosol.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about the health effects of the PMN substance may be potentially useful to characterize the effects of the PMN substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. The submitter has agreed not to manufacture the PMN substance without performing sensitization testing. EPA has also determined that the results of specific physical-chemical properties and acute and chronic pulmonary toxicity testing would help characterize the potential health effects of the PMN substance. Although the Order does not require these tests, the Order's restrictions remain in effect until the Order is modified or revoked by EPA based on submission of this or relevant information.

    CFR citation: 40 CFR 721.11180.

    PMN Number: P-17-353.

    Chemical name: Heteromonocycle, 2-[(bicarbomonocycle-2-substituted)alkyl]- (generic).

    CAS number: Not available.

    Effective date of TSCA section 5(e) Order: February 26, 2018.

    Basis for TSCA section 5(e) Order: The PMN states that the generic (non-confidential) use of the substance will be as an additive in resin manufacture. Based on information on analogous substances, EPA has identified concerns for irritation to the eye, lung, and mucous membranes, skin and lung sensitization, oncogenicity, developmental toxicity, male reproductive toxicity, liver toxicity, and kidney toxicity. Ecotoxicity hazard concerns were high based on EcoSAR analysis of analogous chemical. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the absence of sufficient information to permit a reasoned evaluation, the PMN substance may present an unreasonable risk of injury to human health and the environment. To protect against these risks, the Order requires:

    1. Refraining from domestic manufacture in the United States (i.e., import only);

    2. Use of the PMN substance only for the confidential use allowed in the Order;

    3. No processing and use of the PMN substance using methods that may generate a spray, mist or aerosol.

    4. Use of personal protective equipment where there is a potential for dermal exposure.

    5. Establishment and use of a hazard communication program, including human health precautionary statements on each label and in the SDS.

    6. No release of the PMN substance into the waters of the United States.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Potentially useful information: EPA has determined that certain information about the environmental and health effects of the PMN substance may be potentially useful to characterize the effects of the PMN substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this SNUR. EPA has also determined that the results of specific acute and chronic aquatic toxicity testing, skin sensitization testing, carcinogenicity testing, and specific target organ testing would help characterize the potential human effects of the PMN substance. Although the Order does not require these tests, the Order's restrictions remain in effect until the Order is modified or revoked by EPA based on submission of this or relevant information.

    CFR citation: 40 CFR 721.11181.

    V. Rationale and Objectives of the Rule A. Rationale

    During review of the PMNs submitted for the chemical substances that are subject to these SNURs, EPA concluded that for all 28 chemical substances, regulation was warranted under TSCA section 5(e), pending the development of information sufficient to make reasoned evaluations of the health or environmental effects of the chemical substances. The basis for such findings is outlined in Unit IV. Based on these findings, TSCA section 5(e) Orders requiring the use of appropriate exposure controls were negotiated with the PMN submitters.

    The SNURs identify as significant new uses any manufacturing, processing, use, distribution in commerce, or disposal that does not conform to the restrictions imposed by the underlying Orders, consistent with TSCA section 5(f)(4).

    B. Objectives

    EPA is issuing these SNURs for specific chemical substances which have undergone premanufacture review because the Agency wants to achieve the following objectives with regard to the significant new uses designated in this rule:

    • EPA will receive notice of any person's intent to manufacture or process a listed chemical substance for the described significant new use before that activity begins.

    • EPA will have an opportunity to review and evaluate data submitted in a SNUN before the notice submitter begins manufacturing or processing a listed chemical substance for the described significant new use.

    • EPA will be able to either determine that the prospective manufacture or processing is not likely to present an unreasonable risk, or to take necessary regulatory action associated with any other determination, before the described significant new use of the chemical substance occurs.

    • EPA will identify as significant new uses any manufacturing, processing, use, distribution in commerce, use, or disposal that does not conform to the restrictions imposed by the underlying Orders, consistent with TSCA section 5(f)(4).

    Issuance of a SNUR for a chemical substance does not signify that the chemical substance is listed on the TSCA Chemical Substance Inventory (TSCA Inventory). Guidance on how to determine if a chemical substance is on the TSCA Inventory is available on the internet at http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

    VI. Direct Final Procedures

    EPA is issuing these SNURs as a direct final rule. The effective date of this rule is December 10, 2018without further notice, unless EPA receives written adverse comments before November 9, 2018.

    If EPA receives written adverse comments on one or more of these SNURs before November 9, 2018, EPA will withdraw the relevant sections of this direct final rule before its effective date.

    This rule establishes SNURs for a number of chemical substances. Any person who submits adverse comments must identify the chemical substance and the new use to which it applies. EPA will not withdraw a SNUR for a chemical substance not identified in the comment.

    VII. Applicability of the Significant New Use Designation

    To establish a significant new use, EPA must determine that the use is not ongoing. The chemical substances subject to this rule have undergone premanufacture review. In cases where EPA has not received an NOC and the chemical substance has not been added to the TSCA Inventory, no person may commence such activities without first submitting a PMN. Therefore, for chemical substances for which an NOC has not been submitted EPA concludes that the designated significant new uses are not ongoing.

    When chemical substances identified in this rule are added to the TSCA Inventory, EPA recognizes that, before the rule is effective, other persons might engage in a use that has been identified as a significant new use. However, TSCA section 5(e) Orders have been issued for all of the chemical substances, and the PMN submitters are prohibited by the TSCA section 5(e) Orders from undertaking activities which will be designated as significant new uses. The identities of 26 of the 28 chemical substances subject to this rule have been claimed as confidential and EPA has received no post-PMN bona fide submissions (per §§ 720.25 and 721.11) for a chemical substance covered by this action. Based on this, the Agency believes that it is highly unlikely that any of the significant new uses described in the regulatory text of this rule are ongoing.

    Therefore, EPA designates October 10, 2018 as the cutoff date for determining whether the new use is ongoing. The objective of EPA's approach has been to ensure that a person could not defeat a SNUR by initiating a significant new use before the effective date of the direct final rule.

    Persons who begin commercial manufacture or processing of the chemical substances for a significant new use identified as of that date will have to cease any such activity upon the effective date of the final rule. To resume their activities, these persons will have to first comply with all applicable SNUR notification requirements and wait until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination.

    VIII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require developing any particular new information (e.g., generating test data) before submission of a SNUN. There is an exception: Development of test data is required where the chemical substance subject to the SNUR is also subject to a rule, order or consent agreement under TSCA section 4 (see TSCA section 5(b)(1)).

    In the absence of a TSCA section 4 test rule covering the chemical substance, persons are required only to submit information in their possession or control and to describe any other information known to or reasonably ascertainable by them (see 40 CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the authority to require appropriate testing. Unit IV. lists potentially useful information for all of the listed SNURs. Descriptions of the information are provided for informational purposes. EPA strongly encourages persons, before performing any testing, to consult with the Agency pertaining to protocol selection. Furthermore, pursuant to TSCA section 4(h), which pertains to reduction of testing in vertebrate animals, EPA encourages consultation with the Agency on the use of alternative test methods and strategies (also called New Approach Methodologies, or NAMs), if available, to generate the recommended test data. EPA encourages dialog with Agency representatives to help determine how best the submitter can meet both the data needs and the objective of TSCA section 4(h).

    In certain of the TSCA section 5(e) Orders for the chemical substances regulated under this rule, EPA has established production volume or time limits in view of the lack of data on the potential health and environmental risks that may be posed by the significant new uses or increased exposure to the chemical substances. These limits cannot be exceeded unless the PMN submitter first submits the results of toxicity tests that would permit a reasoned evaluation of the potential risks posed by these chemical substances. Listings of the information required in the TSCA section 5(e) Orders are included in Unit IV. The SNURs contain the same production volume limits as the TSCA section 5(e) Orders. Exceeding these production limits is defined as a significant new use. Persons who intend to exceed the production limit must notify the Agency by submitting a SNUN at least 90 days in advance of commencement of non-exempt commercial manufacture or processing.

    Any request by EPA for the triggered and pended testing described in the Orders was made based on EPA's consideration of available screening-level data, if any, as well as other available information on appropriate testing for the PMN substances. Further, any such testing request on the part of EPA that includes testing on vertebrates was made after consideration of available toxicity information, computational toxicology and bioinformatics, and high-throughput screening methods and their prediction models.

    Potentially useful information identified in Unit IV. may not be the only means of addressing the potential risks of the chemical substance. However, submitting a SNUN without any test data may increase the likelihood that EPA will take action under TSCA section 5(e), particularly if satisfactory test results have not been obtained from a prior PMN or SNUN submitter. EPA recommends that potential SNUN submitters contact EPA early enough so that they will be able to conduct the appropriate tests.

    SNUN submitters should be aware that EPA will be better able to evaluate SNUNs which provide detailed information on the following:

    • Human exposure and environmental release that may result from the significant new use of the chemical substances.

    • Information on risks posed by the chemical substances compared to risks posed by potential substitutes.

    IX. Procedural Determinations

    By this rule, EPA is establishing certain significant new uses which have been claimed as CBI subject to Agency confidentiality regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a final determination or other disposition of the confidentiality claim under 40 CFR part 2 procedures, EPA is required to keep this information confidential. EPA promulgated a procedure to deal with the situation where a specific significant new use is CBI, at § 721.1725(b)(1).

    Under these procedures a manufacturer or processor may request EPA to determine whether a proposed use would be a significant new use under the rule. The manufacturer or processor must show that it has a bona fide intent to manufacture or process the chemical substance and must identify the specific use for which it intends to manufacture or process the chemical substance. If EPA concludes that the person has shown a bona fide intent to manufacture or process the chemical substance, EPA will tell the person whether the use identified in the bona fide submission would be a significant new use under the rule. Since most of the chemical identities of the chemical substances subject to these SNURs are also CBI, manufacturers and processors can combine the bona fide submission under the procedure in § 721.1725(b)(1) with that under § 721.11 into a single step.

    If EPA determines that the use identified in the bona fide submission would not be a significant new use, i.e., the use does not meet the criteria specified in the rule for a significant new use, that person can manufacture or process the chemical substance so long as the significant new use trigger is not met. In the case of a production volume trigger, this means that the aggregate annual production volume does not exceed that identified in the bona fide submission to EPA. Because of confidentiality concerns, EPA does not typically disclose the actual production volume that constitutes the use trigger. Thus, if the person later intends to exceed that volume, a new bona fide submission would be necessary to determine whether that higher volume would be a significant new use.

    X. SNUN Submissions

    According to § 721.1(c), persons submitting a SNUN must comply with the same notification requirements and EPA regulatory procedures as persons submitting a PMN, including submission of test data on health and environmental effects as described in 40 CFR 720.50. SNUNs must be submitted on EPA Form No. 7710-25, generated using e-PMN software, and submitted to the Agency in accordance with the procedures set forth in 40 CFR 720.40 and 721.25. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.

    XI. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN requirements for potential manufacturers and processors of the chemical substances subject to this rule. EPA's complete economic analysis is available in the docket under docket ID number EPA-HQ-OPPT-2018-0649.

    XII. Statutory and Executive Order Reviews A. Executive Order 12866

    This action establishes SNURs for several new chemical substances that were the subject of PMNs, or TSCA section 5(e) Orders. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993).

    B. Paperwork Reduction Act (PRA)

    According to PRA (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to a collection of information that requires OMB approval under PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable. EPA is amending the table in 40 CFR part 9 to list the OMB approval number for the information collection requirements contained in this action. This listing of the OMB control numbers and their subsequent codification in the CFR satisfies the display requirements of PRA and OMB's implementing regulations at 5 CFR part 1320. This Information Collection Request (ICR) was previously subject to public notice and comment prior to OMB approval, and given the technical nature of the table, EPA finds that further notice and comment to amend it is unnecessary. As a result, EPA finds that there is “good cause” under section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) to amend this table without further notice and comment.

    The information collection requirements related to this action have already been approved by OMB pursuant to PRA under OMB control number 2070-0012 (EPA ICR No. 574). This action does not impose any burden requiring additional OMB approval. If an entity were to submit a SNUN to the Agency, the annual burden is estimated to average between 30 and 170 hours per response. This burden estimate includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete, review, and submit the required SNUN.

    Send any comments about the accuracy of the burden estimate, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Collection Strategies Division, Office of Environmental Information (2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. Please remember to include the OMB control number in any correspondence, but do not submit any completed forms to this address.

    C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b) (5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a significant economic impact on a substantial number of small entities where the following are true:

    1. A significant number of SNUNs would not be submitted by small entities in response to the SNUR.

    2. The SNUR submitted by any small entity would not cost significantly more than $8,300. A copy of that certification is available in the docket for this action.

    This action is within the scope of the February 18, 2012 certification. Based on the Economic Analysis discussed in Unit XI. and EPA's experience promulgating SNURs (discussed in the certification), EPA believes that the following are true:

    • A significant number of SNUNs would not be submitted by small entities in response to the SNUR.

    • Submission of the SNUN would not cost any small entity significantly more than $8,300.

    Therefore, the promulgation of the SNUR would not have a significant economic impact on a substantial number of small entities.

    D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to believe that any State, local, or Tribal government will be impacted by this action. As such, EPA has determined that this action does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

    E. Executive Order 13132

    This action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999).

    F. Executive Order 13175

    This action does not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This action does not significantly nor uniquely affect the communities of Indian Tribal governments, nor does it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), do not apply to this action.

    G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children.

    H. Executive Order 13211

    This action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use and because this action is not a significant regulatory action under Executive Order 12866.

    I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this action does not involve any technical standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to this action.

    J. Executive Order 12898

    This action does not entail special considerations of environmental justice related issues as delineated by Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    XIII. Congressional Review Act

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

    List of Subjects 40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements.

    Dated: October 1, 2018. Jeffery T. Morris, Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

    PART 9—[AMENDED] 1. The authority citation for part 9 continues to read as follows: Authority:

    7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

    2. In § 9.1, add the following sections in numerical order under the undesignated center heading “Significant New Uses of Chemical Substances” to read as follows:
    § 9.1 OMB approvals under the Paperwork Reduction Act. 40 CFR citation OMB control No. *    *    *    *    * Significant New Uses of Chemical Substances *    *    *    *    * 721.11173 2070-0012 721.11174 2070-0012 721.11175 2070-0012 721.11176 2070-0012 721.11177 2070-0012 721.11178 2070-0012 721.11179 2070-0012 721.11180 2070-0012 721.11181 2070-0012 *    *    *    *    *
    PART 721—[AMENDED] 3. The authority citation for part 721 continues to read as follows: Authority:

    15 U.S.C. 2604, 2607, and 2625(c).

    4. Add § 721.11173 to subpart E to read as follows:
    § 721.11173 Rare earth doped zirconium oxide (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substances identified generically as rare earth doped zirconium oxide (P-15-442, P-15-443, P-15-444, P-15-445, P-15-446, P-15-447, P-15-525, P-15-526, P-15-527, and P-15-528) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the substance after they have been reacted (cured).

    (2) The significant new uses are:

    (i) Protection in the workplace. Requirements as specified in § 721.63(a)(4), (when determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible), (a)(5) (respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor of at least 1000), (a)(6) (particulate), (b) (concentration set at 1.0%), and (c).

    (A) As an alternative to the respirator requirements in paragraph (a)(2)(i) of this section, a manufacturer or processor may choose to follow the new chemical exposure limit (NCEL) provision listed in the TSCA section 5(e) Order for this substance. The NCEL is 0.07 mg/m3 as an 8-hour time weighted average. Persons who wish to pursue NCELs as an alternative to § 721.63 respirator requirements may request to do so under § 721.30. Persons whose § 721.30 requests to use the NCELs approach are approved by EPA will be required to follow NCELs provisions comparable to those contained in the corresponding TSCA section 5(e) Order.

    (B) [Reserved]

    (ii) Hazard communication. Requirements as specified in § 721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(ii), (g)(2)(ii), (iii), (iv)(use respiratory protection or maintain workplace airborne concentrations at or below an 8-hour time-weighted average of 0.07 mg/m3), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used.

    (iii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(p) (18 months).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (d) and (f) through (i) are applicable to manufacturers and processors of the substances.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    5. Add § 721.11174 to subpart E to read as follows:
    § 721.11174 Silane-treated aluminosilicate (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substances identified generically as silane-treated aluminosilicate (PMNs P-16-194, P-16-195, P-16-196, P-16-197, P-16-198, P-16-199, P-16-460, P-16-461, P-16-462, P-16-463, and P-16-464) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the substances after they have been completely incorporated into a polymer matrix.

    (2) The significant new uses are:

    (i) Protection in the workplace. Requirements as specified in § 721.63(a)(4), (when determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g. enclosure or confinement of operation, general and local ventilation) or administrative control measures (e.g. workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible), (a)(5) (respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of at least 50), (a)(6) (particulate), (b) (concentration set at 0.1%), and (c).

    (ii) Hazard communication. Requirements as specified in § 721.72(a) through (e) (concentration set at 0.1%), (f), (g)(1)(ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (g)(2)(i), (ii), (iii), (iv), (v), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used.

    (iii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80. It is a significant new use to manufacture the substances without sampling and analyzing the immediate precursor used to manufacture the substances according to the terms specified in the 5(e) Order for the following elements: Arsenic, barium, beryllium, cadmium, chromium, cobalt, copper, lead, manganese, mercury, nickel, selenium, silver, vanadium, and zinc. It is a significant new use to manufacture the substances at facilities other than those equipped with pollution controls, such as a bag house, that remove particulates from the air at 99% or greater efficiency. It is a significant new use to process the substances other than in an enclosed system that does not allow for the release of particulates or at facilities equipped with pollution controls, such as a bag house, that remove particulates from the air at 99% or greater efficiency.

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (d), (f), (g), (h), and (i) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(iii) of this section.

    6. Add § 721.11175 to subpart E to read as follows:
    § 721.11175 Heteropolycycliccarboxylic acid, 1,3-dihydro-disubstituted-, polymer with 1,1'-methylenebis, reaction products with silica (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance generically identified as heteropolycycliccarboxylic acid, 1,3-dihydro-disubstituted-, polymer with 1,1'-methylenebis, reaction products with silica (P-16-307) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the substance after they have been reacted (cured).

    (2) The significant new uses are:

    (i) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (ii), (iii), (a)(3), (a)(6) (particulate), (when determining which persons are reasonably likely to be exposed as required for § 721.63(a)(1), engineering control measures (e.g. enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g. workplace policies and procedures) shall be considered and implemented to prevent exposures, where feasible), (b) (concentration set at 1.0%), and (c).

    (ii) Hazard communication. Requirements as specified in § 721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i), (ii), (g)(2)(i), (ii), (iii), (v), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used.

    (iii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80. It is a significant new use to manufacture, process, or use the substance for consumer use or for commercial uses that could introduce the substance into a consumer setting. It is a significant new use to manufacture, process, or use the substance other than in a liquid formulation. It is a significant new use to manufacture the PMN substance to contain more than 0.1% residual isocyanate by weight. It is a significant new use to manufacture, process, or use the substance in any manner that results in generation of a vapor, dust, mist or aerosol.

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (i) are applicable to manufacturers, importers, and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    7. Add § 721.11176 to subpart E to read as follows:
    § 721.11176 Carbonic acid, alkyl carbomonocyclic ester (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as carbonic acid, alkyl carbomonocyclic ester (PMN P-17-176) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2), (a)(2)(i), (iv), (a)(3), (a)(6) (particulate), (a)(6)(v), (vi), (when determining which persons are reasonable likely to be exposed as required for § 721.63(a)(1), engineering control measures (e.g. enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g. workplace policies and procedures) shall be considered and implemented to prevent exposures, where feasible), (b)(concentration set at 1.0%), and (c).

    (ii) Hazard communication. Requirements as specified in § 721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(iv), (v), (vi), (ix), (g)(2)(i), (v), (g)(3)(i), (ii), (g)(4) (do not release to water above 45 parts per billion), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used.

    (iii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(f) and (p)(3 years).

    (iv) Release to water. Release to water requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) where N = 45 ppb.

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (i), (k).

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    8. Add § 721.11177 to subpart E to read as follows:
    § 721.11177 1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer with 2-(chloromethyl)oxirane, reaction products with polyethylene-polypropylene glycol 2-aminopropyl Me ether.

    (a) Chemical substance and significant new used subject to reporting. (1) The chemical substance identified as 1,3-propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer with 2-(chloromethyl)oxirane, reaction products with polyethylene-polypropylene glycol 2-aminopropyl Me ether (PMN P-17-183, CAS No 1627528-04-4) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the substance after they have been reacted (cured).

    (2) The significant new uses are:

    (i) Hazard communication. Requirements as specified in § 721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii), (g)(2)(ii), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used.

    (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(f), (k), (o). It is a significant new use to process or use the substance in any manner way that results in generation of a vapor, dust, mist or aerosol.

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), (f) through (i) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    9. Add § 721.11178 to subpart E to read as follows:
    § 721.11178 Copolyamide of an aromatic dicarboxylic acid and a mixture of diamines (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as copolyamide of an aromatic dicarboxylic acid and a mixture of diamines (PMN P-17-232) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80. It is a significant new use to manufacture the substance with a particle size less than 10 microns.

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (c) and (i).

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    10. Add § 721.11179 to subpart E to read as follows:
    § 721.11179 Single-walled carbon nanotubes.

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as single-walled carbon nanotubes (PMN P-17-257) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the substances that have been:

    (i) Embedded or incorporated into a polymer matrix that itself has been reacted (cured);

    (ii) Embedded in a permanent solid polymer form that is not intended to undergo further processing, except mechanical processing; or

    (iii) Incorporated into an article as defined at 40 CFR 720.3(c).

    (2) The significant new uses are:

    (i) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (when determining which persons are reasonable likely to be exposed as required for § 721.63(a)(1), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measure (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible), (a)(5)(respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of at least 50), (a)(6) (particulate), and (c).

    (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(f), (k), (p) (6 months), (y)(1), and (y)(2). (It is a significant new use to process or use the substance for non-industrial use except for the confidential non-industrial use described in the 5(e) Order).

    (iii) Disposal. Requirements as specified in § 721.85(a)(1), (a)(2), (b)(1), (b)(2), (c)(1), (c)(2).

    (iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), (c)(1).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (e), (j), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(iii) of this section.

    11. Add § 721.11180 to subpart E to read as follows:
    § 721.11180 Arenesulfonic acid, alkyl derivatives, metal salts (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as arenesulfonic acid, alkyl derivatives, metal salts (PMN P-17-283) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (iii), (a)(3), (when determining which persons are reasonably likely to be exposed as required for § 721.63(a)(1), engineering control measures (e.g. enclosure or confinement of operation, general and local ventilation) or administrative control measures (e.g. workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible), (b) (concentration set at 1.0%), and (c).

    (ii) Hazard communication. Requirements as specified in § 721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(skin sensitization), (eye irritation), (lung effects), (skin corrosion), (g)(2)(i), (iii), (v), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used.

    (iii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(p) (6 months). It is a significant new use to manufacture, process or use the substance in any manner way that results in generation of a vapor, mist, spray, or aerosol.

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (i).

    (2) Limitations or revocation of certain notification requirements. The provision of § 721.185 apply to this section.

    12. Add § 721.11181 to subpart E to read as follows:
    § 721.11181 Heteromonocycle, 2-[(bicarbomonocycle-2-substituted)alkyl]- (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as heteromonocycle, 2-[(bicarbomonocycle-2-substituted)alkyl]- (PMN P-17-353) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the substance after they have been reacted (cured).

    (2) The significant new uses are:

    (i) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (ii), (iii), (iv), (a)(3), (when determining which persons are reasonably likely to be exposed as required for § 721.63(a)(1), engineering control measures (e.g. enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g. workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible), (b) (concentration set at 0.1%), and (c).

    (ii) Hazard communication. Requirements as specified in § 721.72(a) through (e) (concentration set at 0.1%), (f), (g)(1), (g)(1)(iv), (vi), (vii), (ix), (mutagenicity), (eye, skin, lung, and mucous membrane irritation), (skin and lung sensitization), (g)(2)(i), (ii), (iii), (v), (avoid workplace airborne concentrations), (g)(3)(i), (ii), (g)(4)(iii), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used.

    (iii) Industrial, commercial, and consumer activities: Requirements as specified in § 721.80(f) and (k). It is a significant new use to process or use the substance in any manner that generates a vapor, spray, mist, or aerosol.

    (iv) Release to water. Requirements as specified in § 721.90(b)(1) and (c)(1).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (i) and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(iii) of this section.

    [FR Doc. 2018-21871 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0060; FRL-9985-12-Region 5] Air Plan Approval; Minnesota; Infrastructure SIP Requirements for the 2012 PM2.5 NAAQS; Multistate Transport AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving elements of the State Implementation Plan (SIP) submission from Minnesota regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action pertains specifically to infrastructure requirements concerning interstate transport provisions.

    DATES:

    This final rule is effective on November 9, 2018.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2017-0060. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Anthony Maietta, Environmental Protection Specialist, at (312) 353-8777 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Anthony Maietta, Environmental Protection Specialist, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    I. What is being addressed by this document? II. What comments did we receive on the proposed action? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is being addressed by this document?

    On January 23, 2017, the Minnesota Pollution Control Agency (MPCA) submitted a request for EPA to approve its infrastructure SIP for the 2012 annual PM2.5 NAAQS. On August 13, 2018, EPA proposed to approve the portion of the submission dealing with requirements one and two (otherwise known as “prongs” one and two) of the provision for interstate pollution transport under Clean Air Act Section 110(a)(2)(D)(i), also known as the “good neighbor” provision.1

    1 There are four prongs to the Section 110(a)(2)(D)(i) “good neighbor” provision, which are: Prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state (prong one); prohibit any source or other type of emissions activity in one state from interfering with maintenance of the NAAQS in another state (prong two); prohibit any source or other type of emissions activity in one state from interfering with measures required to prevent significant deterioration (PSD) of air quality in another state (prong three); and protect visibility in another state (prong four).

    The January 23, 2017 MPCA submittal included a demonstration that Minnesota's SIP contains sufficient major programs related to the interstate transport of pollution. Minnesota's submittal also included a technical analysis of its interstate transport of pollution relative to the 2012 PM2.5 NAAQS that demonstrates that current controls are adequate for Minnesota to show that it meets prongs one and two of the “good neighbor” provision. After review, EPA proposed to approve Minnesota's request relating to prongs one and two of the “good neighbor” provision.

    II. What comments did we receive on the proposed action?

    Our August 13, 2018 proposed rule provided a 30-day review and comment period. The comment period closed on September 12, 2018. EPA did not receive any comments on the proposed action.

    III. What action is EPA taking?

    EPA is approving the portion of Minnesota's January 23, 2017 submission certifying that the current Minnesota SIP is sufficient to meet the required infrastructure requirements under CAA section 110(a)(2)(D)(i)(I), specifically prongs one and two, as set forth above.

    IV. Statutory and Executive Order Reviews

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

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

    • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 10, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

    Dated: September 25, 2018. James Payne, Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    2. In § 52.1220, the table in paragraph (e) is amended by revising the entry for “Section 110(a)(2) Infrastructure Requirements for the 2012 fine particulate matter (PM2.5) NAAQS” to read as follows:
    § 52.1220 Identification of plan.

    (e) * * *

    EPA-Approved Minnesota Nonregulatory Provisions Name of nonregulatory SIP provision Applicable
  • geographic or
  • nonattainment
  • area
  • State
  • submittal
  • date/
  • effective
  • date
  • EPA approved date Comments
    *         *         *         *         *         *         * Section 110(a)(2) Infrastructure Requirements for the 2012 fine particulate matter (PM2.5) NAAQS Statewide 6/12/2014, 5/26/2016 and 1/23/2017 10/10/2018, [Insert Federal Register citation] Fully approved for all CAA elements except the visibility protection requirements of (D)(i)(II). *         *         *         *         *         *         *
    [FR Doc. 2018-21875 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2018-0054; FRL-9984-99-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the infrastructure requirement for interstate transport of pollution with respect to the 2012 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

    DATES:

    This final rule is effective on November 9, 2018.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2018-0054. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Schulingkamp, (215) 814-2021, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    On June 14, 2018 (83 FR 27732), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA proposed approval of the Pennsylvania SIP revision addressing the interstate transport requirements for the 2012 PM2.5 NAAQS in CAA section 110(a)(2)(D)(i)(I) submitted on October 11, 2017. For more information on particulate pollution, EPA's infrastructure requirements, and interstate transport requirements, see Section I of the NPR.

    II. Summary of SIP Revision and EPA Analysis

    Pennsylvania's October 11, 2017 SIP submittal includes a summary of statewide annual emissions of PM2.5, coarse particulate matter (PM10), and precursors of PM2.5 including oxides of nitrogen (NOX), sulfur dioxide (SO2), ammonia, and volatile organic compounds (VOCs). Pennsylvania also included statewide SO2 and NOX emissions specifically from the electric generating units (EGU) sector as EGUs are the largest contributor to the point source emissions. The emissions summary shows that, for the years 2011 through 2015, emissions of all pollutants presented have been steadily decreasing or remained nearly steady for sources that potentially contribute to nonattainment in, or interfere with maintenance of the 2012 PM2.5 NAAQS in any other state. The submittal also included currently available air quality monitoring data for PM2.5.

    Pennsylvania also discussed EPA's March 17, 2016 memorandum (2016 PM2.5 Memorandum) and the fact that EPA's analysis showed that only one monitor in the eastern United States had projected PM2.5 data above the 12.0 micrograms per cubic meter (µg/m3) NAAQS value (Allegheny County, PA).1 Pennsylvania also generally discussed prevailing wind directions and several existing SIP-approved measures and other federally enforceable source-specific measures, pursuant to permitting requirements under the CAA, that apply to sources of PM2.5 and its precursors within the Commonwealth. Pennsylvania alleges that with these measures, emissions reductions, ambient monitored PM2.5 data, and meteorological data, the Commonwealth does not significantly contribute to, or interfere with the maintenance of, another state for the 2012 PM2.5 NAAQS.

    1 “Information on the Interstate Transport “Good Neighbor” Provision for the 2012 Fine Particulate Matter National Ambient Air Quality Standards under Clean Air Act section 110(a)(2)(D)(i)(I),” memorandum from Stephan D. Page, Director, EPA Office of Air Quality Planning and Standards.

    EPA used the information in the 2016 PM2.5 Memorandum and additional information for the evaluation and came to the same conclusion as Pennsylvania. EPA identified the potential downwind nonattainment and maintenance receptors identified in the 2016 PM2.5 Memorandum, and then determined that Pennsylvania's emissions will not contribute to these receptors, and thus will not contribute to nonattainment and maintenance problems, in 2021—the attainment year for moderate PM2.5 nonattainment areas for the 2012 PM2.5 NAAQS.

    A detailed summary of Pennsylvania's submittal and the rationale for EPA's proposed action are explained in the NPR and accompanying technical support document (TSD) and will not be restated here.

    III. Response to Comments

    EPA received a total of four sets of comments on the June 14, 2018 NPR. Three of those did not concern any of the specific issues raised in the NPR, nor did they address EPA's rationale for the proposed approval of Pennsylvania's submittal. Therefore, EPA is not responding to those comments. EPA did receive one relevant set of comments; those comments, and EPA's response is discussed below. All of the comments received are included in the docket for this action.

    Comment: The commenter first identifies that Pennsylvania submitted a SIP revision on July 15, 2014 and that all elements were approved except those under CAA sections 110(a)(2)(D)(i)(I) and 110(a)(2)(D)(i)(II). The commenter notes that EPA is required to act on a SIP revision within 12 months of finding the submittal complete and asks why EPA has not performed its statutory duty of acting on CAA section 110(a)(2)(D)(i)(II) within the prescribed time frame. The commenter continues, asking what was done between 2014 and the present to ensure that visibility protection was federally enforceable as required “by this prong 4” in terms of protecting human health and the environment.

    Response: As stated in the NPR, Pennsylvania's July 15, 2014 SIP submittal did not include provisions addressing CAA section 110(a)(2)(D)(i)(I), and therefore that particular element of CAA section 110(a)(2)(D) (prohibiting emissions that contribute significantly to nonattainment, or interfere with maintenance of the NAAQS in any other state) was not before EPA for approval. See 83 FR 27733 (June 14, 2018). EPA's prior action on the July 15, 2014 SIP submittal approved the portion of the submittal which addressed the CAA section 110(a)(2)(D)(i)(II) element related to prevention of significant deterioration as it was addressed in the July 15, 2014 SIP submission, except EPA did not approve the portion of the July 15, 2014 submittal addressing CAA section 110(a)(2)(D)(i)(II) related to the visibility prong, that is, “prong 4.” See 80 FR 26461 (May 8, 2015). EPA did not take action on prong 4 because the U.S. Court of Appeals for the Third Circuit had vacated and remanded EPA's limited approval of Pennsylvania's regional haze SIP (as it related to certain best available retrofit technology (BART) requirements). See Nat'l Parks Conservation Ass'n v. United States EPA, 803 F.3d 151 (3rd Cir. 2015). EPA had also previously done a limited disapproval of the Pennsylvania regional haze SIP for relying on the Clean Air Interstate Rule (CAIR) 2 to satisfy the BART requirement for emissions of SO2 and NOX from Pennsylvania's BART-eligible electric generating units (EGUs). See 77 FR 33642 (June 7, 2012). In that same action, EPA imposed a federal implementation plan (FIP) that replaced Pennsylvania's reliance on CAIR with reliance on the Cross-State Air Pollution Rule (CSAPR) 3 for certain BART requirements for EGUs. Thus, due to the Third Circuit's remand of the limited approval on the Pennsylvania regional haze SIP for certain BARTs and due to the partial regional haze FIP applicable to certain EGU BARTs, EPA was not able to approve at that time that portion of Pennsylvania's July 15, 2014 SIP submittal addressing whether the Pennsylvania SIP had adequate provisions to prevent interference with other states' efforts to protect visibility (prong 4, CAA section 110(a)(2)(D)(i)(I)). As indicated in EPA's final action on the July 15, 2014 SIP submittal, EPA stated the Agency would take later separate action on the portion of the July 15, 2014 submittal addressing prong 4. See 80 FR 26461.

    2 CAIR required certain states, including Pennsylvania, to reduce emissions of SO2 and NOX that significantly contribute to downwind nonattainment of the 1997 NAAQS for ozone and fine particulate matter (PM2.5). 70 FR 25162 (May 12, 2005).

    3 EPA promulgated CSAPR (76 FR 48208, August 8, 2011) as a replacement to CAIR in response to the United States Court of Appeals for the District of Columbia Circuit's decision in North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008).

    Regarding commenter's concern about what was done between July 2014 and the present to ensure that visibility was protected, EPA notes that the partial regional haze FIP has been in place since July 2012 providing visibility protection as the partial FIP addresses NOX and SO2 BART from EGUs in Pennsylvania which are some of the largest emitters of visibility impairing pollutants in the Commonwealth. Pennsylvania is currently preparing a revised regional haze SIP submission to respond to the September 2015 decision from the Third Circuit.

    Furthermore, as EPA stated in the NPR, “EPA's previous approval on that July 15, 2014 submittal is not at issue in this proposed rulemaking action and is mentioned herein for background; EPA is not at this time taking action on the remaining section of PADEP's July 15, 2014 submittal relating to visibility protection for the 2012 PM2.5 NAAQS.” The NPR noted that EPA will take later, separate action on the July 15, 2014 submittal as it relates to visibility protection under CAA section 110(a)(2)(D)(i)(II). This rulemaking action relates only to CAA section 110(a)(2)(D)(i)(I), which Pennsylvania addressed in its October 11, 2017 SIP submission. The October 11, 2017 submittal was determined complete on October 26, 2017, therefore the statutory deadline for EPA's final action is October 26, 2018. EPA's final rulemaking herein meets that statutory deadline.

    Comment: The commenter asks why, if Pennsylvania had not submitted a SIP revision addressing CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS, EPA did not issue a finding of failure to submit as required by statute and then remedy the deficiency with a FIP.

    Response: CAA section 110(a)(1) requires that states adopt and submit to EPA “within 3 years (or such shorter period as the Administrator may provide) after the promulgation of” a new or revised NAAQS a plan providing for the implementation, maintenance, and enforcement of the NAAQS. The revised 2012 PM2.5 NAAQS was published on January 15, 2013 and became final on March 18, 2013. See 78 FR 3086. Thus, Pennsylvania was not required to submit a SIP to EPA until March 18, 2016. Therefore, a finding of failure to submit for CAA section 110(a)(2)(D)(i)(I) or any FIP would have been premature when EPA acted on the July 15, 2014 SIP submittal addressing section 110(a)(2) requirements for the 2012 PM2.5 NAAQS on May 8, 2015. In the May 8, 2015 rulemaking, EPA stated it would take action on the remaining elements of CAA section 110(a)(2)(D)(i)(II) for visibility protection at a later date. Our final action herein addresses the CAA section 110(a)(2)(D)(i)(I) requirements for Pennsylvania with our approval of Pennsylvania's October 11, 2017 submittal.

    Comment: The commenter requests that EPA explain and quantify how delayed action on PADEP's SIP revisions with regard to CAA sections 110(a)(2)(D)(i)(I) and (II) for PM2.5 affected any changes in respiratory ailments in Pennsylvania residents.

    Response: First, EPA reiterates that the visibility protections under CAA section 110(a)(2)(D)(i)(II) are not at issue in this rulemaking as EPA has stated in the NPR and in our prior action on the July 15, 2014 SIP submittal that we will take later rulemaking action on Pennsylvania's obligations relating to visibility protection in CAA section 110(a)(2)(D)(i)(II). Second, EPA has not delayed action on PADEP's SIP revision addressing CAA section 110(a)(2)(D)(i)(I). Pennsylvania submitted the SIP revision on October 11, 2017 and EPA determined it complete on October 26, 2017; therefore, EPA's statutory deadline is October 26, 2018. Because EPA has not delayed action, the commenter's supposition that EPA's delay affected respiratory ailments in Pennsylvania residents is based on a faulty premise and thus is incorrect. In any event, consideration of respiratory ailments is not required by the statutory language in CAA section 110(a)(2)(D)(i)(I).

    Comment: The commenter asks why the regulatory community is devoting so much time devising analyses and justification for “elements that have no meaning in actual emission reductions or improvement in air quality.” The commenter continues by asking EPA to explain what has been accomplished in terms of ensuring the well-being of human health and the environment through this requirement.

    Response: CAA section 110(a)(1) requires all states to submit a SIP addressing the elements of CAA section 110(a)(2), including section 110(a)(2)(D)(i)(I), within three years of EPA promulgating a new or revised NAAQS. Therefore, the submission of a SIP addressing CAA section 110(a)(2)(D) is required by law and must be addressed by the states. In addition, the requirement for a new infrastructure SIP submission provides an opportunity for the air agency, the public, and EPA to review the basics of the air quality management program in light of each new or revised NAAQS. In the case of CAA section 110(a)(2)(D)(i)(I), this review is focused on whether a state's SIP prevents interference with attainment or maintenance of the NAAQS in a nearby state. For CAA section 110(a)(2)(D)(i)(II), this review focuses on whether the state's SIP addresses requirements for prevention of significant deterioration and visibility protection. Thus, SIP measures addressing CAA section 110(a)(2) are evaluated for a new or revised NAAQS and therefore do protect human health or the environment.

    IV. Final Action

    EPA is approving the October 11, 2017 SIP revision addressing the interstate transport requirements for the 2012 PM2.5 NAAQS to the Pennsylvania SIP because the submittal adequately addresses CAA section 110(a)(2)(D)(i)(I).

    V. Statutory and Executive Order Reviews A. General Requirements

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

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

    • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted 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 rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

    B. Submission to Congress and the Comptroller General

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

    C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 10, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action addressing Pennsylvania's interstate transport requirements for the 2012 PM2.5 NAAQS, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Particulate matter.

    Dated: September 24, 2018. Cosmo Servidio, Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart NN—Pennsylvania 2. In § 52.2020, the table in paragraph (e)(1) is amended by adding a second entry for “Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS” after the first entry entitled the same to read as follows:
    § 52.2020 Identification of plan.

    (e) * * *

    (1) * * *

    Name of non-regulatory SIP revision Applicable
  • geographic
  • area
  • State
  • submittal
  • date
  • EPA approval date Additional explanation
    *         *         *         *         *         *         * Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS Statewide 10/11/17 10/10/18, [insert Federal Register citation] Docket No. 2018-0054. This action addresses the infrastructure element of CAA section 110(a)(2)(D)(i)(I). *         *         *         *         *         *         *
    [FR Doc. 2018-21665 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0276; FRL-9985-11-Region 5] Air Plan Approval; Illinois; Permit-by-Rule Provisions AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving revisions to the Illinois State Implementation Plan (SIP) to establish a general framework for permits-by-rule (PBR) and specifically provide a PBR for small boilers. In addition, EPA is approving other state provisions that are affected by the addition of the PBR regulations, as well as minor changes in nomenclature. EPA proposed to approve these revisions on July 18, 2018.

    DATES:

    This final rule is effective on November 9, 2018.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2017-0276. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Danny Marcus, Environmental Engineer, at (312) 353-8781 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Danny Marcus, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8781, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    I. Background II. What comments did we receive on the proposed action? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background

    On May 2, 2017, the Illinois Environmental Protection Agency (IEPA) submitted a SIP revision to establish a general framework for a PBR program. PBR programs establish a streamlined process that allows an individual applicant to notify the reviewing authority that it meets the eligibility criteria for the permit and the permit conditions rather than going through a reviewing authority review and approval process.

    Specifically, the SIP revision consists of: (1) IEPA revisions to 35 IAC Part 201 to add a new Subpart M (35 IAC 201.500 through 201.540), which establishes general provisions for a PBR program; (2) IEPA revisions to Part 201 to add Subpart N to 35 IAC Part 201 (35 IAC 201.600 through 201.635), which establishes PBR requirements for boilers burning certain types of fuel and with heat input capacities of less than or equal to 100 Million British Thermal Units per Hour (MMBtu/hr); (3) IEPA revisions to 35 IAC 201.103 and 35 IAC 211.4720 to change and add certain abbreviations and definitions related to the new PBR rules; (4) IEPA revisions to 35 IAC 201.104, incorporation by reference, to reference regulations contained in the PBR program; and (5) IEPA revisions to 35 IAC 201.146 to change the abbreviation of “mmbtu/hr” to “MMBtu/hr.”

    II. What comments did we receive on the proposed action?

    Our July 18, 2018 proposed rule (83 FR 33894) provided a 30-day review and comment period. The comment period closed on August 17, 2018. EPA received one unrelated comment. This comment is outside the scope of this rulemaking and does not provide information that would alter EPA's evaluation of the proposed rule, which is based on applicable statutory criteria.

    III. What action is EPA taking?

    EPA is approving Illinois' general PBR program contained in Subpart M, the PBR for boilers less than or equal to 100 MMBtu/hr contained in Subpart N, changes to other SIP rules affected by the PBR regulations, and minor changes in nomenclature because they meet all applicable requirements under the CAA. Specifically, EPA is approving into the Illinois SIP IAC Sections 201.103(a) and (b); 201.104(a), (c), (d), and (e); 201.146(c), (d), (h), (i), and (fff); 201.500; 201.505; 201.510; 201.515; 201.520; 201.525; 201.530; 201.535; 201.540; 201.600; 201.605; 201.610; 201.615; 201.620; 201.625; 201.630; 201.635; and 211.4720. EPA is not acting on the revisions to IAC Section 201.146(mmm) for the reasons discussed in the proposal (at 83 FR 33897).

    IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Illinois Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA Region 5 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.1

    1 62 FR 27968 (May 22, 1997).

    V. Statutory and Executive Order Reviews

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

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

    • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted 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 Clean Air Act; and

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

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

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

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 10, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

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

    Dated: September 25, 2018. James Payne, Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    2. In § 52.720, the table in paragraph (c) is amended by: a. Under “201: Permits and General Provisions”: i. Revising the entries for 201.103 and 201.104 under “Subpart A: Definitions”. ii. Revising the entry for 201.146 under “Subpart C: Prohibitions”. iii. Adding headings after the entry for 201.408 titled “Subpart M: Permit By Rule (PBR)—General Provisions” with entries for 201.500 through 201.540 and “Subpart N: Permit By Rule (PBR)—Boilers Less Than Or Equal To 100 MMBtu/hr” with entries for 201.600 through 201.635. b. Revising the entry for 211.4720 under “Part 211: Definitions and General Provisions”, “Subpart B: Definitions”.

    The revisions and additions read as follows:

    § 52.720 Identification of plan.

    (c) * * *

    EPA-Approved Illinois Regulations and Statutes Illinois citation Title/subject State effective date EPA approval date Comments *         *         *         *         *         *         * Part 201: Permits and General Provisions Subpart A: Definitions *         *         *         *         *         *         * 201.103 Abbreviations and Units 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.104 Incorporations by Reference 3/24/2017 10/10/2018, [Insert Federal Register citation] Except (b). *         *         *         *         *         *         * Subpart C: Prohibitions *         *         *         *         *         *         * 201.146 Exemptions From State Permit Requirements 3/24/2017 10/10/2018, [Insert Federal Register citation] Except (mmm). *         *         *         *         *         *         * Subpart M: Permit By Rule (PBR)—General Provisions 201.500 Purpose 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.505 Applicability 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.510 Notice of Intent to Be Covered By a PBR (Notification) 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.515 Commencing Construction or Modification 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.520 Modification or Change in Status of an Emission Unit Covered by a PBR 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.525 Standard Conditions for PBR 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.530 Recordkeeping and Reporting 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.535 Authority to Operate 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.540 Enforcement Authority 3/24/2017 10/10/2018, [Insert Federal Register citation] Subpart N: Permit By Rule (PBR)—Boilers Less Than Or Equal To 100 MMBtu/hr 201.600 Applicability 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.605 Boiler Notice of Intent to Be Covered by a PBR (Notification) 201.610 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.615 Opacity Requirements 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.620 Requirements for Use of Diesel Fuel and Refinery Fuel Gas 201.625 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.625 Carbon Monoxide (CO) Requirements 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.630 Nitrogen Oxide (NOX) Requirements 3/24/2017 10/10/2018, [Insert Federal Register citation] 201.635 PBR Boiler Reporting Requirements 3/24/2017 10/10/2018, [Insert Federal Register citation] *         *         *         *         *         *         * Part 211: Definitions and General Provisions *         *         *         *         *         *         * Subpart B: Definitions *         *         *         *         *         *         * 211.4720 Pipeline Natural Gas 3/24/2017 10/10/2018, [Insert Federal Register citation] *         *         *         *         *         *         *
    [FR Doc. 2018-21876 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XG534 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY:

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

    ACTION:

    Temporary rule; General category October-November fishery for 2018; inseason bluefin tuna quota transfer and closure.

    SUMMARY:

    NMFS transfers 55 metric tons (mt) of Atlantic bluefin tuna (BFT) quota to the General category October through November 2018 subquota period (40 mt from the Harpoon category and 15 mt from the Reserve category) and closes the General category fishery for large medium and giant BFT until the General category reopens on December 1, 2018. The quota transfer is intended to provide additional fishing opportunities based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category (commercial) permitted vessels and Atlantic Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT. Given that the adjusted quota is projected to be caught quickly, the closure is to prevent overharvest of the adjusted General category October through November 2018 BFT subquota.

    DATES:

    The quota transfer is effective October 4, 2018, through November 30, 2018. The closure is effective 11:30 p.m., local time, October 5, 2018, through November 30, 2018.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    The current baseline General and Reserve category quotas are 466.7 mt and 24.8 mt, respectively. See § 635.27(a). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a “subquota” or portion of the annual General category quota. Although it is called the “January” subquota, the regulations allow the General category fishery under this quota to continue until the subquota is reached or March 31, whichever comes first. The subquotas for each time period are as follows: 24.7 mt for January; 233.3 mt for June through August; 123.7 mt for September; 60.7 mt for October through November; and 24.3 mt for December. Any unused General category quota rolls forward within the fishing year, which coincides with the calendar year, from one time period to the next, and is available for use in subsequent time periods. To date for 2018, NMFS has published four actions that have adjusted the available 2018 Reserve category quota, leaving 18.5 mt currently available (83 FR 9232, March 5, 2018; 83 FR 17110, April 18, 2018; 83 FR 38664, August 7, 2018; and 83 FR 47843, September 21, 2018). In the Harpoon category, the base annual subquota was 38.6 mt but was adjusted to 68.6 mt with a transfer of 30 mt from the Reserve category in August 2018 (83 FR 38664, August 7, 2018). The category has had no landings since the August transfer.

    Although NMFS has published a proposed rule (83 FR 31517, July 6, 2018) that would increase the baseline U.S. bluefin tuna quota from 1,058.79 mt to 1,247.86 mt and accordingly increase the subquotas for 2018 (including an expected increase in the General category October through November time period subquota from 60.7 mt to 72.2 mt, consistent with the annual bluefin tuna quota calculation process established in § 635.27(a)), the final rule (the “quota rule”) has not yet filed for public inspection with the Office of the Federal Register and is not yet effective.

    Transfer of 55 mt to the General Category

    Under § 635.27(a)(9), NMFS has the authority to transfer quota among fishing categories or subcategories, after considering regulatory determination criteria provided under § 635.27(a)(8). NMFS has considered all of the relevant determination criteria and their applicability to this inseason quota transfer. These considerations include, but are not limited to, the following:

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

    NMFS also considered the catches of the General category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made (§ 635.27(a)(8)(ii) and (ix)). NMFS anticipates that the current October through November subquota of 60.7 mt (72.2 mt if the ICCAT quota rule is finalized as proposed) could be reached in a few days given the high daily landings rates during the end of the September fishery and that commercial-sized bluefin tuna remain available in the areas where General category permitted vessels operate at this time of year. Without a quota transfer, NMFS would have to close the General category fishery for the remainder of the October through November subquota period even earlier, while unused quota remains in the Harpoon and Reserve categories. Given the lag time between initiation of an inseason action and its implementation, however, this notification also closes the fishery, as NMFS anticipates the transferred quota will be caught quickly. Transferring 55 mt of quota (40 mt from the Harpoon category and 15 mt from the Reserve category) would result in 115.7 mt being available for the October through November 2018 subquota period (127.2 mt if the ICCAT quota rule is finalized as proposed), thus effectively providing limited additional opportunities to harvest the U.S. bluefin tuna quota while avoiding exceeding it.

    Regarding the projected ability of the vessels fishing under the particular category quota (here, the General category) to harvest the additional amount of BFT before the end of the fishing year (§ 635.27(a)(8)(iii)), NMFS anticipates that all of the additional 55 mt of quota will be used by October 5, based on landings rates in the September 2018 fishery (as well as in the October through November fisheries in recent years), but this is also subject to weather conditions and bluefin tuna availability. In the unlikely event that any of this quota is unused by November 30, such quota will roll forward to the next subperiod within the calendar year (i.e., the October through November period), and NMFS anticipates that it would be used before the end of the fishing year.

    NMFS also considered the estimated amounts by which quotas for other gear categories of the fishery might be exceeded (§ 635.27(a)(8)(iv)) and the ability to account for all 2018 landings and dead discards. In the last several years, total U.S. BFT landings have been below the available U.S. quota such that the United States has carried forward the maximum amount of underharvest allowed by ICCAT from one year to the next. There have been no landings in the Harpoon category since July 31, 2018, and in 2017, only 2.8 mt were landed in the Harpoon category after August 31 until the Harpoon category season ended November 15. Transferring 40 mt at this time to the Reserve category, leaves 2.5 mt (9.9 mt if the quota rule is finalized as proposed) a reasonable amount of quota for the small amount of activity we anticipate continuing for the remainder of the Harpoon category season, based on historic Harpoon category landings.

    NMFS will need to account for 2018 landings and dead discards within the adjusted U.S. quota, consistent with ICCAT recommendations, and anticipates having sufficient quota to do that, even with this transfer from the Harpoon and Reserve categories. Given the upcoming expected increases in available 2018 quota from the carryover of 2017 underharvest, the ICCAT quota rule increase, and the resulting recalculation of 2018 available Purse Seine category quota and transfer to the Reserve category, NMFS anticipates that General category participants in all areas and time periods will have opportunities to harvest the General category quota in 2018, including the December time period.

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

    Based on the considerations above, NMFS is transferring 40 mt of Harpoon category quota and 15 mt of Reserve category quota to the General category for the October through November subquota period, resulting in a subquota of 115.7 mt for the General category October through November 2018 subquota period, 28.6 mt for the 2018 Harpoon category, and 3.5 mt for the Reserve category. (These amounts would be 127.2 mt for the General category October through November 2018 subquota period, 36 mt for the Harpoon category, and 142.9 mt for the Reserve category if the ICCAT quota rule is finalized as proposed.)

    Closure of the October Through November 2018 General Category Fishery

    Based on landings rates in the September 2018 fishery and the October through November fisheries in recent years and anticipated fishing conditions, NMFS projects that the General category October through November subquota of 115.7 mt, as adjusted in this action, will be reached by October 5, 2018, and that the fishery should be closed to avoid exceedance of the adjusted quota. Through this action, NMFS is closing the General category bluefin tuna fishery effective 11:30 p.m., October 5, 2018, through November 30, 2018. Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the General and HMS Charter/Headboat categories must cease at 11:30 p.m. local time on October 5, 2018. This action applies to those vessels permitted in the General category, as well as to those HMS Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT. For information regarding the HMS Charter/Headboat commercial sale endorsement, see the final rule that created a separate permit endorsement provision for the commercial sale of Atlantic HMS by HMS Charter/Headboat permit holders (82 FR 57543, December 6, 2017). The intent of this closure is to prevent overharvest of the available General category October through November BFT subquota.

    The General category will reopen automatically on December 1, 2018, for the December 2018 subquota period at the default retention limit level of one fish. Currently, the adjusted General category subquota for the December 2018 period is 10 mt (see 82 FR 60680, December 22, 2017), and this amount would be 14.6 mt if the quota rule is finalized as proposed.

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

    Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS' ability to timely implement actions such as quota and retention limit adjustment, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, General and HMS Charter/Headboat category vessel owners are required to report the catch of all BFT retained or discarded dead within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling (888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).

    Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustments are necessary to ensure available subquotas are not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments.

    Classification

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

    The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason quota transfers and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. These fisheries are currently underway and the adjusted subquota for the General category is projected to be reached shortly. Affording prior notice and opportunity for public comment to implement the quota transfer is impracticable and contrary to the public interest as such a delay would likely result in exceedance of the General category October through November fishery subquota or earlier closure of the fishery while fish are available on the fishing grounds. Subquota exceedance may result in the need to reduce quota for the General category later in the year and thus could affect later fishing opportunities. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there also is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

    This action is being taken under §§ 635.27(a)(9) and 635.28(a)(1), and is exempt from review under Executive Order 12866.

    Authority:

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

    Dated: October 4, 2018. Margo Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-21991 Filed 10-4-18; 4:15 pm] BILLING CODE 3510-22-P
    83 196 Wednesday, October 10, 2018 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0624; Product Identifier 2013-NE-24-AD] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2017-11-06, which applies to all Pratt & Whitney (PW) PW2037, PW2037D, PW2037M, PW2040, PW2040D, PW2043, PW2143, PW2643, and F117-PW-100 turbofan engine models. AD 2017-11-06 requires initial and repetitive on-wing eddy current inspections (ECIs) of affected engines with certain diffuser and high-pressure turbine (HPT) cases installed. AD 2017-11-06 also requires a fluorescent-penetrant inspection (FPI) of the diffuser case rear flange and the HPT case front flange. Since we issued AD 2017-11-06, we learned of designated engineering representative (DER)-approved diffuser case M-flange replacement repairs. This proposed AD would require an on-wing ECI of all diffuser case M-flange replacement repairs. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by November 26, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact Pratt & Whitney, 400 Main St., East Hartford, CT 06118; phone: 860-565-0140; fax: 860-565-5442; email: [email protected]; internet: http://fleetcare.pw.utc.com. You may view this service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    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-2018-0624; 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 NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Kevin M. Clark, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7088; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0624; Product Identifier 2013-NE-24-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

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

    Discussion

    We issued AD 2017-11-06, Amendment 39-18905 (82 FR 26979, June 13, 2017), (“AD 2017-11-06”), for all PW PW2037, PW2037D, PW2037M, PW2040, PW2040D, PW2043, PW2143, PW2643, and F117-PW-100 turbofan engine models. AD 2017-11-06 requires initial and repetitive on-wing ECIs of affected engines with certain diffuser and HPT cases installed. AD 2017-11-06 also requires an FPI of the diffuser case rear flange and the HPT case front flange. AD 2017-11-06 resulted from the manufacturer determining through analysis that the inspections required by AD 2014-05-32, which was prompted by a rupture of the diffuser case M-flange, were not adequate to maintain safety for diffuser cases that incorporate a wrought diffuser case M-flange. Also, repaired wrought flanges cannot be distinguished from other wrought flanges or from non-repaired flanges on diffuser cases installed on the affected engines. We issued AD 2017-11-06 to add additional repetitive, on-wing ECIs.

    Actions Since AD 2017-11-06 Was Issued

    Since we issued AD 2017-11-06, we learned of DER-approved diffuser case M-flange replacement repairs. The language in AD 2017-11-06 requires additional on-wing ECIs for PW repairs; however, it does not address DER-approved diffuser case M-flange replacement repairs. The DER-approved diffuser case M-flange replacement repairs use the same wrought material as PWs and therefore require the same additional on-wing ECIs.

    Related Service Information Under 1 CFR Part 51

    We reviewed PW Service Bulletin (SB) No. PW2000 72-763, Revision No. 1, dated August 30, 2013. The SB describes procedures for a one-time ECI inspection of the engine diffuser case. We also reviewed PW Alert Service Bulletin (ASB) No. PW2000 A72-765, Revision No. 4, dated January 25, 2018. The ASB describes procedures for repetitive on-wing ECIs of the engine diffuser case assembly. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 2017-11-06. This proposed AD would also require an on-wing ECI of all diffuser case M-flange replacement repairs.

    Costs of Compliance

    We estimate that this proposed AD affects 910 engines installed on airplanes of U.S. registry.

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

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators On-wing/module ECI Inspection 8 work-hours × $85 per hour = $680 $0 $680 $230,520 per inspection cycle. FPI Inspection 3 work-hours × $85 per hour = $255 20 $275 per inspection cycle $250,250 per inspection cycle. 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 engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation Division.

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2017-11-06, Amendment 39-18905 (82 FR 26979, June 13, 2017), and adding the following new AD: Pratt & Whitney Division: Docket No. FAA-2018-0624; Product Identifier 2013-NE-24-AD. (a) Comments Due Date

    The FAA must receive comments on this AD action by November 26, 2018.

    (b) Affected ADs

    This AD replaces AD 2017-11-06, Amendment 39-18905 (82 FR 26979, June 13, 2017).

    (c) Applicability

    This AD applies to all Pratt & Whitney (PW) PW2037, PW2037D, PW2037M, PW2040, PW2040D, PW2043, PW2143, PW2643, and F117-PW-100 turbofan engines.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Turbine/Turboprop Engine.

    (e) Unsafe Condition

    This AD was prompted by a rupture of the diffuser-to-high-pressure turbine (HPT) case flange. We are issuing this AD to prevent failure of the diffuser-to-HPT case flange. The unsafe condition, if not addressed, could result in uncontained diffuser-to-HPT case flange release, damage to the engine, and damage to the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) For diffuser case, part number (P/N) 1B7461, serial numbers (S/Ns) DGGUAK1306 and DGGUAK1308, and HPT case, P/N 1B2440, S/N DKLBCS1032:

    (i) Within 100 flight cycles after the effective date of this AD, perform an eddy current inspection (ECI) of the diffuser case and the HPT case M-flange in accordance with PW Service Bulletin (SB) No. PW2000 72-763, Revision No. 1, dated August 30, 2013.

    (ii) Reserved.

    (2) For all diffuser and HPT cases, at the next piece-part opportunity after the effective date of this AD and every piece-part opportunity thereafter, perform a high sensitivity fluorescent-penetrant inspection (FPI) of the entire diffuser case rear flange (M-flange) and boltholes, and the entire HPT case forward flange (M-flange) and boltholes.

    (3) For all diffuser cases installed on any affected engine model except for F117-PW-100 turbofan engines, that have not incorporated PW SB PW2000-72-364, have incorporated PW SB PW2000-72-700, or have had an M-flange replacement, perform initial and repetitive ECIs of the diffuser case M-flange as follows:

    (i) Perform an initial ECI in accordance with the “Last Shop Visit Activity” column and before exceeding the maximum cycles since the last shop visit activity in the “Initial Inspection” column of Table 1 of PW Alert Service Bulletin (ASB) No. PW2000 A72-765, Revision No. 4, dated January 25, 2018, or within 1,000 cycles from the effective date of this AD, whichever occurs later.

    (ii) Evaluate the inspection results and perform re-inspections as necessary in accordance with Accomplishment Instructions, “For Engines Installed on the Aircraft,” paragraph 5, or the Accomplishment Instructions, “For Engines Removed from the Aircraft,” paragraph 4, of PW ASB No. PW2000 A72-765, Revision No. 4, dated January 25, 2018, as applicable. If given a cycle range, perform the subsequent inspections before exceeding the maximum number of cycles.

    (iii) Inspect the diffuser case M-flange using, as applicable, either the Accomplishment Instructions, “For Engines Installed on the Aircraft,” paragraphs 3.I. through 3.J., or the Accomplishment Instructions, “For Engines Removed from the Aircraft,” paragraphs 3.D. through 3.E., of PW ASB No. PW2000 A72-765, Revision No. 4, dated January 25, 2018.

    (h) Definition

    For the purpose of this AD, a “piece-part opportunity” is defined as when the part is completely disassembled.

    (i) Credit for Previous Actions

    (1) You may take credit for the diffuser case and HPT case inspections required by paragraphs (g)(1) and (3) of this AD if you performed:

    (i) an ECI of the diffuser case and the HPT case M-flange using the Accomplishment Instructions of PW SB No. PW2000 72-763, Original Issue, dated March 22, 2013, or

    (ii) a high sensitivity FPI of the diffuser case and the HPT case at a piece-part opportunity after January 1, 2010.

    (2) You may take credit for only the diffuser case inspections required by paragraphs (g)(1) and (3) of this AD if you performed an ECI of the diffuser case M-flange using the Accomplishment Instructions of PW ASB No. PW2000 A72-765, Revision No. 3, dated December 19, 2017, or an earlier version.

    (j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 (k)(1) of this AD. You may email your request 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) AMOCs approved for AD 2017-11-06 (82 FR 26979, June 13, 2017) are approved as AMOCs for the corresponding provisions of this AD.

    (k) Related Information

    (1) For more information about this AD, contact Kevin M. Clark, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7088; fax: 781-238-7199; email: [email protected]

    (2) For service information identified in this AD, contact Pratt & Whitney, 400 Main St., East Hartford, CT, 06118; phone: 860-565-0140; fax: 860-565-5442; email: [email protected]; internet: http://fleetcare.pw.utc.com. You may view this referenced service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    Issued in Burlington, Massachusetts, on September 28, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-21693 Filed 10-9-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0826; Product Identifier 2018-NE-27-AD] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney Division (PW) Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Pratt & Whitney Division (PW) PW4074, PW4074D, PW4077, PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines. This proposed AD was prompted by an in-flight failure of a 1st stage low-pressure compressor (LPC) blade. This proposed AD would require initial and repetitive thermal acoustic imaging (TAI) inspections for cracks in certain 1st stage LPC blades and removal of those blades that fail inspection. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by November 26, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-565-0140; fax: 860-565-5442. You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    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-2018-0826; 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 NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Jo-Ann Theriault, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7105; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0826; Product Identifier 2018-NE-27-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

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

    Discussion

    We learned of an uncontained 1st stage LPC blade failure and inlet separation on a PW4000-112 series turbofan engine that occurred during a revenue flight. The fracture in the blade initiated from a low cycle fatigue crack in the airfoil. This blade failure was contained by the engine case, but there was subsequent uncontained forward release of the inlet cowl, causing damage to the aircraft and prompting an emergency descent. This condition, if not addressed, could result in an uncontained failure of a 1st stage LPC blade, damage to the engine, and damage to the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed PW Alert Service Bulletin (ASB) PW4G-112-A72-268, Revision No. 7, dated September 6, 2018. This PW ASB describes procedures for performing 1st stage LPC blade TAI inspections. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require initial and repetitive TAI inspections of 1st stage LPC blades and removal of blades that fail inspection.

    Costs of Compliance

    We estimate that this proposed AD affects 120 engines installed on airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection 22 work-hours × $85 per hour = $1,870 $0 $1,870 $224,400

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replace 1st stage LPC blade 0 work-hours × $85 per hour = $0 $125,000 $125,000
    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 engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation Division.

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Pratt & Whitney Division: Docket No. FAA-2018-0826; Product Identifier 2018-NE-27-AD. (a) Comments Due Date

    We must receive comments by November 26, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Pratt & Whitney Division (PW) PW4074, PW4074D, PW4077, PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines, with 1st stage low-pressure compressor (LPC) blade, part numbers 52A241, 55A801, 55A801-001, 55A901, 55A901-001, 56A201, 56A201-001, or 56A221, installed.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by an uncontained 1st stage LPC blade failure. We are issuing this AD to prevent failure of the 1st stage LPC blade. The unsafe condition, if not addressed, could result in uncontained blade release, damage to the engine, and damage to the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) After the effective date of this AD, perform an initial Thermal Acoustic Imaging (TAI) inspection of the 1st stage LPC blades as follows:

    (i) For 1st stage LPC blades that have accumulated fewer than 6,500 cycles since new (CSN), perform a TAI inspection the next time the engine is separated at the M-flange, or prior to the 1st stage LPC blade accumulating 7,000 CSN, whichever occurs first.

    (ii) For 1st stage LPC blades that have accumulated 6,500 or more CSN, or if the cycles since the blade was new cannot be determined, or if the cycles since the blade was last TAI inspected cannot be determined, perform a TAI inspection within 500 flight cycles or 180 days from the effective date of this AD, whichever occurs first.

    (2) Thereafter, perform a TAI inspection of 1st stage LPC blades every time the engine is separated at the M-flange and the blades have accumulated 1,000 or more flight cycles since the last TAI inspection, not to exceed 6,500 flight cycles since the last TAI inspection.

    (3) If any 1st stage LPC blade fails the inspection required by paragraph (g)(1) or (2) of this AD, remove the blade from service and replace with a part eligible for installation before further flight.

    (4) The TAI inspection and disposition required for compliance with this AD must be accomplished by a method approved by the FAA. You can find a vendor that has an FAA-approved TAI inspection listed in the Vendor Services Section of PW Alert Service Bulletin (ASB) PW4G-112-A72-268, Revision No. 7, dated September 6, 2018.

    (h) Credit for Previous Actions

    You may take credit for the initial TAI inspection required by paragraph (g)(1) of this AD if you performed the TAI inspection before the effective date of this AD using PW ASB PW4G-112-A72-268, Revision No. 6, dated August 5, 2014.

    (i) Installation Prohibition

    Do not install any 1st stage LPC blade that has accumulated 1,000 or more flight cycles into any engine unless it has passed the inspection required by paragraph (g)(1) of this AD.

    (j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 (k) of this AD. You may email your request 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.

    (k) Related Information

    (1) For more information about this AD, contact Jo-Ann Theriault, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; phone: 781-238-7105; fax: 781-238-7199; email: [email protected]

    (2) For service information identified in this AD, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-565-0140; fax: 860-565-5442. You may view this referenced service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA, 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    Issued in Burlington, Massachusetts, on September 28, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-21694 Filed 10-9-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-104226-18] RIN 1545-BO51 Availability of Additional Guidance Under Section 965 AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice of Proposed Rulemaking; notice of availability.

    SUMMARY:

    This document announces the availability of additional guidance regarding the transition tax under section 965 issued as Notice 2018-78.

    DATES:

    Notice 2018-78 was made available on the Internal Revenue Service (IRS) website on October 1, 2018, and will be published in the Internal Revenue Bulletin on October 15, 2018.

    ADDRESSES:

    Notice 2018-78 is available on the IRS website at https://www.irs.gov/pub/irs-drop/n-18-78.pdf and at the Federal eRulemaking Portal at http://www.regulations.gov (under REG-104226-18).

    FOR FURTHER INFORMATION CONTACT:

    Leni C. Perkins at (202) 317-6934.

    SUPPLEMENTARY INFORMATION:

    On August 9, 2018, the Department of the Treasury (“Treasury Department”) and the IRS published in the Federal Register (83 FR 39514) a notice of proposed rulemaking (REG-104226-18), which contained proposed §§ 1.962-1 and 1.962-2, 1.965-1 through 1.965-9, and 1.986(c)-1 (the “proposed regulations”). The proposed regulations relate to section 965 of the Internal Revenue Code. On October 1, 2018, the Treasury Department and the IRS issued Notice 2018-78, which contained additional guidance relating to section 965 and the proposed regulations. The notice was issued in advance of final regulations under section 965 due to the imminent filing deadlines that could otherwise apply to the forms and elections described therein.

    Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).
    [FR Doc. 2018-22022 Filed 10-9-18; 8:45 am] BILLING CODE 4830-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2018-0616; FRL-9984-79-Region 8] Approval and Promulgation of State Implementation Plans; North Dakota; Revisions to Infrastructure Requirements for All National Ambient Air Quality Standards; Carbon Monoxide (CO); Lead (Pb); Nitrogen Dioxide (NO2); Ozone (O3); Particle Pollution (PM2.5, PM10); Sulfur Dioxide (SO2); Recodification AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve revisions to the North Dakota State Implementation Plan (SIP) for all National Ambient Air Quality Standards (NAAQS) for the purposes of transferring authority from the North Dakota Department of Health (NDDH) to the North Dakota Department of Environmental Quality (NDDEQ). We are also proposing to approve the related recodification of the portions of North Dakota's Air Pollution Rules that have been previously approved into the SIP. The EPA is taking this action pursuant to section 110 of the Clean Air Act (CAA).

    DATES:

    Written comments must be received on or before November 9, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R08-OAR-2018-0616, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.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.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Kate Gregory, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    I. Background

    The North Dakota state legislature created a new NDDEQ in 2017.1 The NDDEQ will assume all the duties and responsibilities of the NDDH's Environmental Health Section. To accommodate the new NDDEQ, the North Dakota Air Pollution Control Law was recodified in the North Dakota Century Code (NDCC) as NDCC 23.1-06 and the Air Pollution Rules were recodified in the North Dakota Administrative Code (NDAC) as NDAC 33.1-15.

    1 North Dakota Senate Bill 2327.

    Among the duties of the new NDDEQ is the implementation and enforcement of North Dakota's SIP. The basic requirements for a state agency with respect to its authority and ability to implement and enforce a SIP are provided in the “infrastructure” elements of CAA section 110(a)(2). After the promulgation of a new or revised NAAQS, states must submit an “infrastructure” SIP to address the relevant elements of section 110(a)(2). The EPA has issued guidance to states on how to meet these elements in their infrastructure SIP submissions, and the guidance specifically identifies elements for which states should show they have the proper authority.2

    2 Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), September 2013. For additional details on the EPA's general interpretation of the requirements under sections 110(a)(1) and 110(a)(2) and approach to review of infrastructure SIPs, please see 82 FR 29457, 29458-59 (June 29, 2017).

    Prior to the creation of NDDEQ, the NDDH submitted several infrastructure SIP revisions to address the promulgation and revision of various NAAQS. The EPA approved these in several actions and by approving these actions, we determined that NDDH met, among other things, the relevant requirements in section 110(a)(2) with respect to NDDH's authority and ability to implement and enforce North Dakota's SIP.3

    3 See, for example, 82 FR 46681 (October 6, 2017), 80 FR 60540 (October 7, 2015), 78 FR 45866 (July 30, 2013).

    On August 6, 2018, the state submitted a revision to their prior infrastructure SIPs to address the transfer of authority from the NDDH Environmental Health Section to the NDDEQ. The state also submitted the recodified Air Pollution Rules that had been previously adopted into the SIP. The state held a public hearing regarding the transfer of authority on June 5, 2018.4 No comments were received during both the public hearing and the public comment period regarding the proposed changes.

    4 ND iSIP Revision Submission, p.17.

    II. The EPA's Evaluation

    North Dakota's SIP submittal addresses the transfer of authority as follows. First, the submittal identifies the citations to the NDCC and NDAC contained in previous infrastructure SIP submittals that the EPA has approved. The submittal provides a crosswalk with references to the recodified NDCC and NDAC to show the new location of these authorities.5 The submittal also quotes a specific provision of Senate Bill 2327 that provides, among other things, that all “orders, determinations, and permits” made by NDDH before the transfer of authority remain in effect. Finally, the submittal notes that NDDEQ will be funded and staffed at the same level as the Environmental Health Division in NDDH previously was.

    5 A version of this crosswalk created by the EPA is also provided in the docket for this rulemaking.

    For purposes of the transfer of authority, we note the following elements of section 110(a)(2) as particularly relevant:

    110(a)(2)(B): Authority to operate an ambient air quality monitoring network;

    110(a)(2)(C): Authority to enforce the SIP;

    110(a)(2)(C): Authority to regulate the modification and construction of stationary sources to assure the NAAQS are achieved (known as minor new source review);

    110(a)(2)(C): Authority to implement a permit program as required in part C of title I of the Act (known as prevention of significant deterioration);

    110(a)(2)(E)(i): Adequate personnel, funding, and authority to carry out the implementation plan;

    110(a)(2)(F): Authority to require installation, maintenance, and replacement of monitoring equipment by stationary sources; to require periodic reporting on emissions from such sources; and to correlate such reports with emission limitations;

    110(a)(2)(G): Authority comparable to that in CAA section 303 (emergency authority to restrain pollution presenting an imminent and substantial endangerment);

    110(a)(2)(H): Authority to revise the SIP as necessary;

    110(a)(2)(J): Authority to provide public notification as required under CAA section 127;

    110(a)(2)(K): Authority to require such air quality modeling as prescribed by the Administrator and to submit modeling data on request to the Administrator; and

    110(a)(2)(L): Authority to require permitting fees.

    These elements are described in detail in the 2013 guidance cited above. As the recodification of the NDCC and NDAC leave the substance of the relevant provisions cited in the submittal unmodified, the reasons that we have previously approved NDDH as having sufficient legal authority to address each of these and other infrastructure elements continue to apply. Please see the previous approval notices for details of those reasons, which we propose to adopt in this action.

    With respect to enforcement and implementation of permits and enforcement orders that were previously issued under the SIP by NDDH, we propose that the language in Senate Bill 3727 quoted in the SIP submittal adequately addresses the authority of NDDEQ to continue to enforce and implement those permits and enforcement orders. Finally, as we have previously approved the state's infrastructure SIP as containing the necessary assurances that NDDH had adequate personnel and funding, and NDDEQ will continue at the same levels of personnel and funding, we propose that the requirements in 110(a)(2)(E)(i) regarding personnel and funding are met.

    As part of the SIP submittal, in Section VI, the state provided an opinion from the North Dakota Attorney General. The opinion addresses the fundamental SIP legal authorities enumerated in 40 CFR 51.230, which consists of authority to:

    • Adopt emission standards, limitations, and other control measures as necessary for attainment and maintenance of the NAAQS;

    • Enforce SIP provisions, including seeking injunctive relief;

    • Abate emission on an emergency basis to prevent substantial endangerment;

    • Prevent construction, modification, or operation of a facility that may result in emissions that prevent attainment and maintenance of the NAAQS;

    • Obtain information necessary to determine compliance with the SIP, including authority to require recordkeeping, make inspections, and conduct tests; and

    • Require owners or operators of stationary sources to install, maintain, and operate monitoring devices and make periodic reports to the state on emissions from the sources.

    The Attorney General's opinion cites the specific provisions of state law that provide these fundamental authorities. Based on this opinion, and the revisions to the state's infrastructure SIP discussed above, the EPA proposes to approve the transfer of authority embodied in the state's submittal.

    Finally, Section IV of the submittal contains the recodified Air Pollution Rules that have been previously approved into North Dakota's SIP.6 North Dakota's submittal indicates that the state is not resubmitting the entire SIP. Instead, the state is only updating the numbering of the provisions that have previously been approved into the SIP, as well as replacing the obsolete references to the NDDH with references to the NDDEQ. In this case, our review is limited to the renumbering and name change, and not the substance of the rules.7 We therefore propose to approve the recodification and change in name as appropriate and consistent with the transfer of authority. Our proposed approval is limited to the recodification and change in name and does not re-approve the substantive rules in North Dakota's SIP.

    6 For purposes of cross-referencing a recodified provision with its previous version, we note that the recodification followed a consistent scheme: All rules previously codified as 33-15-xx-xx are now codified as 33.1-15-xx-xx.

    7 See “Review of State Regulation Recodification,” Memorandum from Johnnie L. Pearson to Air Branch Chiefs, Regions I-X, Feb. 12, 1990.

    All revisions to the North Dakota SIP would be federally enforceable as of the effective date of the EPA's approval of this submission. The state plans to rely on the date when the EPA signs the final notice for purposes of notifying the state legislature that the EPA has approved these revisions, which will provide for the transfer authority from NDDH to NDDEQ to be effective under state law. Prior to the effective date of this approval, the state intends to take the necessary additional steps as specified in S.L. 2017, ch. 199, Section 1, to ensure that NDDEQ rules and the NDDEQ would become federally enforceable on the effective date of the EPA's approval. Unless and until the NDDEQ rules and agency become fully effective under federal law, for purposes of federal law the EPA recognizes the state's program as currently approved under the NDDH.

    III. Proposed Action

    We are proposing to approve the August 18, 2018 revisions to the North Dakota infrastructure SIP, for all NAAQS, for the purposes of the transfer of authority from NDDH to the NDDEQ. We are also proposing to approve the corresponding recodification of the entire SIP.

    IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text in an EPA final rule that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the NDDEQ rules discussed in section II of this preamble. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 8 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

    V. Statutory and Executive Order Reviews

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

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

    • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52

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

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: October 3, 2018. Douglas Benevento, Regional Administrator, EPA Region 8.
    [FR Doc. 2018-21948 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2018-0022; FRL-9985-25-Region 10] Air Plan Approval; Oregon; Removal of Obsolete Regulations AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing removal of the outdated rules in the Code of Federal Regulations (CFR) for the State of Oregon because they are duplicative or obsolete. Removal of such material from the air program subparts is designed to improve cost effectiveness and usability of the CFR. The EPA is also proposing to make non-substantive revisions to reflect updated citations and correct a typographical error. This proposed action makes no substantive changes to the Oregon State Implementation Plan and imposes no new requirements.

    DATES:

    Written comments must be received on or before November 9, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R10-OAR-2018-0022 at https://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:

    Christi Duboiski, EPA Region 10, at (360) 753-9081, or [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document, wherever “we”, “us” or “our” is used, it is intended to refer to the EPA.

    I. Introduction

    This action is being taken pursuant to Executive Order 13563—Improving Regulation and Regulatory Review. It is intended to reduce the number of pages in the Code of Federal Regulations (CFR) by identifying those rules in 40 CFR part 52, subpart MM, for the State of Oregon that are duplicative or obsolete. One aspect of the EPA's proposed action removes historical information found in the “Approval of plans” section in 40 CFR 52.1973, “Original Identification of plan” section in 40 CFR 52.1974, “Content of approved State submitted implementation plan” section in 40 CFR 52.1977, and “Control Strategy: Ozone” section in 40 CFR 52.1982. These rules no longer have any use or legal effect because they have been superseded by subsequently approved state implementation plan (SIP) revisions or they are no longer necessary because the EPA previously promulgated administrative rule actions to replace these sections with summary tables in 40 CFR 52.1970 (78 FR 74012, December 10, 2013). These summary tables describe the regulations, source-specific actions, and non-regulatory requirements that comprise the SIP.

    II. Removal of Duplicative or Obsolete Rules and Non-Substantive Changes to Certain Rules

    The EPA reviewed the following regulations and found that they should be removed or revised for the reasons set forth as follows:

    A. Section 52.1973 Approval of Plans

    As discussed above, this section is no longer necessary because the EPA replaced the historical information contained in this section with summary tables in § 52.1970 (78 FR 74012, December 10, 2013). The EPA reviewed § 52.1973 to verify that all relevant historical information in this section is contained in § 52.1970. The EPA is therefore proposing to remove § 52.1973.

    B. Section 52.1974 Original Identification of Plan Section

    Sections 52.1974(b) and (c) of this section, originally designated as 40 CFR 52.1970(b) and (c), contain historical information about the EPA's approval actions for the Oregon SIP which occurred from January 25, 1972, until September 1, 2013. On December 10, 2013 (78 FR 74012), the EPA reorganized the Identification of plan section (§ 52.1970) for subpart MM by listing and summarizing Oregon's currently approved SIP requirements in § 52.1970(a) through (e). EPA is proposing to remove § 52.1974(b) and (c) because the EPA has determined it is no longer necessary to codify the information found in these paragraphs. Section 52.1974(a) is being amended to state that this historical information will continue to be made available in the CFR annual editions, Title 40 part 52 (years 1996 through 2013). These annual editions are available on line at the following url address: https://www.thefederalregister.org/fdsys/browse/collectionCfr.action?collectionCode=CFR.

    C. Section 52.1977 Content of Approved State Submitted Implementation Plan

    As previously discussed, the EPA reorganized the Identification of Plan section (§ 52.1970) for subpart MM by listing and summarizing Oregon's currently approved SIP requirements in § 52.1970(a) through (e) (78 FR 74012, December 10, 2013). Section 52.1977, last revised January 22, 2003 (68 FR 2904), is out of date and no longer correct. Therefore, EPA is proposing to remove this section.

    D. Section 52.1982 Control Strategy: Ozone

    This section, last updated on January 22, 2003 (68 FR 2909), is out of date. Current attainment and maintenance plan status for the Salem/Portland and Medford/Ashland areas can be found in the summary tables in § 52.1970. The EPA reviewed § 52.1982 to verify that all relevant historical information in this section is contained in § 52.1970. The outdated text of § 52.1982(a) contains two clarifications regarding implementation of the attainment plans. The EPA and Oregon subsequently resolved both issues. The EPA recently approved a revised version of Oregon Administrative Rule 340-232-0160(6) (82 FR 47122, October 11, 2017), which incorporates the requirement of § 52.1982(a)(i). In the same October 11, 2017 action, the EPA also approved a revised version of Oregon Administrative Rule 340-232-0060(1), which no longer contains the language, “in most cases.” The EPA is therefore proposing to remove § 52.1982.

    E. Section 52.1988 Air Contaminant Discharge Permits

    This paragraph contains an incorrect rule citation cross reference. The EPA is proposing to correct a typographical error and correct the two citations from OAR 340-226-0040 to the correct citation, OAR 340-226-0400.

    III. Proposed Action

    This proposed action is a “housekeeping” exercise that merely recommends removal of duplicative or obsolete CFR provisions and corrects a non-substantive typographical error. This proposed action makes no substantive changes to the SIP. The EPA is proposing that the above referenced rules should be removed and the typographical error corrected, and that these changes be accurately reflected in 40 CFR part 52, subpart MM for the State of Oregon. The EPA proposes removing the duplicative or obsolete rules because they have been revised or superseded by subsequently approved SIP revisions.

    IV. Statutory and Executive Order Reviews

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

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

    • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted 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 it does not involve technical standards; and

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

    The proposed SIP would not be approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52

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

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: September 27, 2018. Chris Hladick, Regional Administrator, Region 10.
    [FR Doc. 2018-22010 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R05-RCRA-2017-0381; FRL-9985-15-Region 5] Michigan: Proposed Authorization of State Hazardous Waste Management Program Revision AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    Michigan has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Michigan's application, and we have determined that these changes satisfy all requirements needed to quality for final authorization, and we are proposing to authorize the State's changes. The EPA seeks public comment prior to taking final action.

    DATES:

    Comments on this proposed rule must be received by November 9, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R5-RCRA-2017-0381 at www.regulations.gov. Follow the on-line instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit comments 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:

    Judith Greenberg, Region 5, RCRA/TSCA Programs Section, RCRA Branch, Land and Chemicals Division, U.S. Environmental Protection Agency, 77 West Jackson Boulevard, LR-8J, Chicago, Illinois 60604, phone number: (312) 886-4179, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA Section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the federal program. As the federal program changes, states must change their programs and request EPA to authorize the changes. Changes to state programs may be necessary when federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279.

    B. What decisions have we made in this rule?

    We have made a tentative decision that Michigan's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we propose to grant Michigan's final authorization to operate its hazardous waste program with the changes described in the authorization application. Michigan will have responsibility for permitting treatment, storage, and disposal facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its program revision application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New federal requirements and prohibitions imposed by federal regulations that EPA promulgates under the authority of HSWA take effect in authorized states before they are authorized for the requirements. Thus, EPA will implement those requirements and prohibitions in Michigan, including issuing permits, until the State is granted authorization to do so.

    C. What will be the effect if Michigan is authorized for these changes?

    If Michigan is authorized for these changes as described in Michigan's authorization revision application, these changes will become a part of the authorized state hazardous waste program, and therefore will be federally enforceable. Michigan will continue to have primary enforcement authority and responsibility for its state hazardous waste program. EPA would retain its authorities under RCRA sections 3007, 3008, 3013, and 7003, including its authority to:

    • Conduct inspections which may include but are not limited to requiring monitoring, tests, analyses and/or reports;

    • Enforce RCRA requirements which may include, but are not limited to, suspending, terminating, modifying and/or revoking permits; and

    • Take enforcement actions regardless of whether the State has taken its own actions.

    This action, if approved, will not impose additional requirements on the regulated community because the regulations for which Michigan is requesting authorization are already effective under state law, and will not be changed by the act of authorization.

    D. What happens if EPA receives adverse comments on this action?

    If EPA receives adverse comments on this authorization, we will address all public comments in a later Federal Register. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time.

    E. What has Michigan previously been authorized for?

    Michigan initially received final authorization on October 16, 1986, effective October 30, 1986 (51 FR 36804-36805), to implement the RCRA hazardous waste management program. We granted authorization for changes to Michigan's program on November 24, 1989, effective January 23, 1990 (54 FR 48608); on January 24, 1991, effective June 24, 1991 (56 FR 18517); on October 1, 1993, effective November 30, 1993 (58 FR 51244); on January 13, 1995, effective January 13, 1995 (60 FR 3095); on February 8, 1996, effective April 8, 1996 (61 FR 4742); on November 14, 1997, effective November 14, 1997 (62 FR 61775); on March 2, 1999, effective June 1, 1999 (64 FR 10111); on July 31, 2002, effective July 31, 2002 (67 FR 49617); on March 9, 2006, effective March 9, 2006 (71 FR 12141); on January 7, 2008 (73 FR 1077), effective January 7, 2008; on March 2, 2010, effective March 2, 2010 (75 FR 9345); and on August 28, 2015 (80 FR 52194).

    F. What changes are we proposing with today's action?

    On March 2, 2018, Michigan submitted a final program revision application, seeking authorization of changes in accordance with 40 CFR 271.21. EPA proposes to make a final determination that Michigan's hazardous waste program revisions are equivalent to, consistent with, and no less stringent than the federal program, and therefore satisfy all of the requirements necessary to qualify for final authorization. Therefore, we are proposing to authorize, subject to receipt of written comments that oppose this action, the following program changes:

    Michigan's Analogs to the Federal Requirements Description of federal requirement Federal Register date and page Analogous state authority
  • (MAC R 299.* * *, effective April 5, 2017,
  • unless otherwise specified)
  • Conditional Exclusions for Solvent Contaminated Wipes, Checklist 229 July 13, 2013, 78 FR 46448 9105(bb), 9107(y), 9109(pp), and 9204(1)(z) and (2)(q). Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geologic Sequestration Activities, Checklist 230 January 3, 2014, 79 FR 350 9201(b), effective September 22, 1998, and 9204(13). Hazardous Waste Electronic Manifest Rule, Checklist 231 February 7, 2014, 79 FR 7518 9103(a), (b), (o), and (ff), 9304(1)(c), (2), and (6), 9409(1) and (5); 9601(2)(c), effective December 16, 2004, 9608, 9608(1), (6), (7), and (9), and (12), and 11003(1)(l), (m) and (o). Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule, Checklist 232 June 26, 2014, 79 FR 26220 9102(y), 9231(1)(f) and (7), and 11003(1)(i) and (j). Revisions to the Definition of Solid Waste Checklist 233A January 13, 2015, 80 FR 1694 9202(7), (8), and (9), and 11003(1)(i). Revisions to the Definition of Solid Waste Checklist 233B January 13, 2015, 80 FR 1694 9102(r), 9104(d), 9232, 9232(1), and 9202. Revisions to the Definition of Solid Waste Checklist 233C January 13, 2015, 80 FR 1694 9107(bb). Revisions to the Definition of Solid Waste Checklist 233D2 January 13, 2015, 80 FR 1694 9103(e), (s), and (aa), 9104, 9105(b), 9107(b), 9108(h), 9202(1)(b) and (aa), 9204, 9204(1)(aa) and (bb), 9202(6), (7), and (9), 9234(1) and (2), 9519((5)(a)(ix) and (x), and 11003(1)(i) and (j). Revisions to the Definition of Solid Waste Checklist 233E January 13, 2015, 80 FR 1694 9107(i), 9202(1)(b)(iii) and (1)(cc), 9233(1), (2), (3), and (4), and 11003(1)(j). Response to Vacaturs of the Comparable Fuels Rule and the Gasification Rule, Checklist 234 April 8, 2015, 80 FR 18777 9104(a), 9204(1)(l) and (w), and 9230. Disposal of Coal Combustion Residuals from Electric Utilities, Checklist 235 April 17, 2015, 80 FR 21302 9204(2)(c), (d), and (e).
    Table 2—Equivalent State-Initiated Changes State citation
  • MAC R 299.* * *
  • Effective
  • date(s) of
  • state-initiated
  • modification
  • Description of modification
    9204(2)(h)(vii) and (x) April 5, 2017 A. The phrase “including waste scrap leather from automotive seat design activities” has been added to paragraph (vii) to clarify that such materials are included in the waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries category. A. Paragraph (x) has been added to include boiler chemical cleaning waste from electric utility boiler maintenance using water and tetra ammonium ethylene diamine tetra acetic aced (a.k.a. ammoniated EDTA) among the specific wastes that, if they meet the standards in subdivision (h), are not hazardous wastes for the purposes for Part 111, Hazardous Waste Management, of Michigan's Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, and its rules. 9206(3)(q) 4/5/2017 The items considered textiles have been modified to reflect the new federal term “wipes” that the U.S. Environmental Protection Agency defined as part of the Solvent-Contaminated Wipes Rule. 9225 4/5/2017 Table 205b has been modified to remove duplicate entry for nitrobenzene and add back in 1,3-Pentadiene, which is part of the Part 111 rules, but was inadvertently deleted from the printed copies of the rules. 9226 4/5/2017 Certain state “U” wastes have been deleted from Table 205c. 9506, 9621, and 11001 4/5/2017 These rules have been revised to reflect updates to the ASTM standards. 9608(1) 4/5/2017 This subrule has been revised to clarify that if a facility receives a hazardous waste shipment from a conditionally exempt small quantity generator that is accompanied by a manifest, the facility is not required to submit a copy of that manifest to the director or his or her designee.
    G. Which revised state rules are different from the federal rules?

    Michigan has excluded the non-delegable federal requirements at 40 CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to implement those requirements.

    Michigan has proposed additions to its Universal Wastes that will add Antifreeze, Aerosol cans and Paint Wastes that are not already regulated as hazardous waste. As such they are not regulated under the RCRA subtitle C program by U.S. EPA, though Michigan plans to regulate them under State law if those State additions go into effect.

    Michigan's program is broader in scope than the federal program in its adoption of 40 CFR 260.43 (2015) and 40 CFR 261.4(a)(24) (2015) at MAC R 299.9232 and R 299.9204(1)(bb). Both of these regulations include provisions from the 2015 Definition of Solid Waste (DSW) Rule that have been vacated and replaced with the less stringent requirements of 40 CFR 260.43 (2008) and 40 CFR 261.4(a)(24) and (25) (2008) from the 2008 DSW Rule.”

    H. Who handles permits after the final authorization takes effect?

    Michigan will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which EPA issues prior to the effective date of the proposed authorization until they expire or are terminated. We will not issue any more new permits or new portions of permits for the provisions listed in the Table above after the effective date of the authorization. EPA will continue to implement and issue permits for HSWA requirements for which Michigan is not yet authorized.

    I. How does today's action affect Indian Country (18 U.S.C. 1151) in Michigan?

    Michigan is not authorized to carry out its hazardous waste program in Indian Country within the State, as defined in 18 U.S.C. 1151. This includes:

    1. All lands within the exterior boundaries of Indian reservations within the State of Michigan;

    2. Any land held in trust by the U.S. for an Indian tribe; and

    3. Any other land, whether on or off an Indian reservation that qualifies as Indian Country.

    Therefore, authorizing Michigan for these revisions would not affect Indian Country in Michigan. EPA would continue to implement and administer the RCRA program in Indian Country. It is EPA's long-standing position that the term “Indian lands” used in past Michigan hazardous waste approvals is synonymous with the term “Indian Country.” Washington Dep't of Ecology v. U.S. EPA, 752 F.2d 1465, 1467, n.1 (9th Cir. 1985). See 40 CFR 144.3 and 258.2.

    J. What is codification and is EPA codifying Michigan's hazardous waste program as authorized in this rule?

    Codification is the process of placing a state's statutes and regulations that comprise a state's authorized hazardous waste program into the Code of Federal Regulations. We do this by referencing the authorized state rules in 40 CFR part 272. Michigan's rules, up to and including those revised October 19, 1991, have previously been codified through incorporation-by-reference effective April 24, 1989 (54 FR 7421, February 21, 1989); as amended effective March 31, 1992 (57 FR 3724, January 31, 1992). We reserve the amendment of 40 CFR part 272, subpart X, for the codification of Michigan's program changes until a later date.

    K. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements pursuant to RCRA 3006 and imposes no requirements other than those imposed by state law (see SUPPLEMENTARY INFORMATION, Section A. Why are Revisions to State Programs Necessary?). Therefore, this rule complies with applicable executive orders and statutory provisions as follows:

    1. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget has exempted this rule from its review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 21, 2011).

    2. Paperwork Reduction Act

    This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    3. Regulatory Flexibility Act

    This proposed rule authorizes state requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those required by state law. Accordingly, I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

    4. Unfunded Mandates Reform Act

    Because this proposed rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538).

    5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply to this proposed rule because it will not have federalism implications (i.e., substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government).

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

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not apply to this proposed rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, or 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).

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

    This proposed rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant as defined in Executive Order 12866 and because the EPA does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.

    8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action as defined in Executive Order 12866.

    9. National Technology Transfer Advancement Act

    EPA approves state programs as long as they meet criteria required by RCRA, so it would be inconsistent with applicable law for EPA, in its review of a state program, to require the use of any particular voluntary consensus standard in place of another standard that meets the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply to this proposed rule.

    10. Executive Order 12988

    As required by Section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct.

    11. Executive Order 12630: Evaluation of Risk and Avoidance of Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 1988) by examining the takings implications of this action in accordance with the Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order.

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

    Because this rulemaking proposes authorization of pre-existing state rules and imposes no additional requirements beyond those imposed by state law and there are no anticipated significant adverse human health or environmental effects, the proposed rule is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994).

    13. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because actions such as today's final authorization of Michigan's revised hazardous waste management program under RCRA are exempted under Executive Order 12866.

    List of Subjects in 40 CFR Part 271

    Environmental Protection; Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.

    Authority:

    42 U.S.C. 6905, 6912(a), 6926, and 6939g.

    Dated: September 18, 2018. Cathy Stepp, Regional Administrator, Region 5.
    [FR Doc. 2018-21883 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA-HQ-OPPT-2018-0649; FRL-9984-67] RIN 2070-AB27 Significant New Use Rules on Certain Chemical Substances AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 28 chemical substances which were the subject of premanufacture notices (PMNs). The chemical substances are subject to Orders issued by EPA pursuant to section 5(e) of TSCA. This action would require persons who intend to manufacture (defined by statute to include import) or process any of these 28 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination. In addition to this Notice of Proposed Rulemaking, EPA is issuing the action as a direct final rule elsewhere in this issue of the Federal Register.

    DATES:

    Comments must be received on or before November 9, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2018-0649, by one of the following methods:

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

    Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

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

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

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-9232; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave. Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    In addition to this Notice of Proposed Rulemaking, EPA is issuing the action as a direct final rule elsewhere in this issue of the Federal Register. For further information about the proposed significant new use rules, please see the information provided in the direct final action, with the same title, that is located in the “Rules and Regulations” section of this issue of the Federal Register.

    List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements.

    Dated: October 1, 2018. Jeffery T. Morris, Director, Office of Pollution Prevention and Toxics.
    [FR Doc. 2018-21870 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 555, 571 and 591 [Docket No. NHTSA-2018-0092] RIN 2127-AL99 Pilot Program for Collaborative Research on Motor Vehicles With High or Full Driving Automation AGENCY:

    National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).

    ACTION:

    Advance notice of proposed rulemaking (ANPRM).

    SUMMARY:

    NHTSA is seeking public comment on matters related to the near-term and long-term challenges of Automated Driving Systems (ADS) testing, development and eventual deployment. ADS testing and development are already underway in several areas of the United States. As technology evolves and in anticipation of requests to test and further develop high and full ADS, including those in vehicles without traditional controls necessary for a human driver, NHTSA is issuing this ANPRM to obtain public comments on the factors and structure that are appropriate for the Agency to consider in designing a national pilot program that will enable it to facilitate, monitor and learn from the testing and development of the emerging advanced vehicle safety technologies and to assure the safety of those activities.

    The Agency seeks these comments from interested stakeholders, including State and local authorities, companies, researchers, safety advocates and other experts interested in, engaged in or planning to become engaged in the design, development, testing, and deployment of motor vehicles with high and full driving automation. The Agency also seeks comments from road users, including vehicle drivers and passengers, cyclists and pedestrians.

    More specifically, NHTSA requests comments on the following topics related to ADS safety research. First, NHTSA seeks comments on potential factors that should be considered in designing a pilot program for the safe on-road testing and deployment of vehicles with high and full driving automation and associated equipment. Second, the Agency seeks comments on the use of existing statutory provisions and regulations to allow for the implementation of such a pilot program. Third, the Agency seeks comment on any additional elements of regulatory relief (e.g., exceptions, exemptions, or other potential measures) that might be needed to facilitate the efforts to participate in the pilot program and conduct on-road research and testing involving these vehicles, especially those that lack controls for human drivers and thus may not comply with all existing safety standards. Fourth, with respect to the granting of exemptions to enable companies to participate in such a program, the Agency seeks comments on the nature of the safety and any other analyses that it should perform in assessing the merits of individual exemption petitions and on the types of terms and conditions it should consider attaching to exemptions to protect public safety and facilitate the Agency's monitoring and learning from the testing and deployment, while preserving the freedom to innovate.

    By developing a robust record of the answers to these important questions, NHTSA expects to learn more about the progress of ADS and the ways in which the Agency can facilitate safe and efficient ADS testing and deployment for the benefit of individual consumers and the traveling public as a whole.

    DATES:

    Comments on this document are due no later than November 26, 2018.

    ADDRESSES:

    Comments must be identified by Docket Number NHTSA-2018-0092 and may be submitted using any of the following methods:

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

    Mail: Docket Management Facility, U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001.

    Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays.

    Fax: 1-202-493-2251.

    Regardless of how you submit your comments, you must include the docket number identified in the heading of this document. Note that all comments received, including any personal information provided, will be posted without change to http://www.regulations.gov. Please see the “Privacy Act” heading below.

    You may call the Docket Management Facility at 202-366-9826.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or the street address listed above. We will continue to file relevant information in the Docket as it becomes available.

    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL-14 FDMS, accessible through www.dot.gov/privacy. In order to facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions.

    FOR FURTHER INFORMATION CONTACT:

    For research and pilot program issues: Dee Williams, Office of Vehicle Safety Research, (202) 366-8537, [email protected], National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

    For legal issues: Stephen Wood, Assistant Chief Counsel, Vehicle Rulemaking and Harmonization, Office of Chief Counsel, 202-366-2992, email [email protected], National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Background and Overview II. NHTSA's Safety Mission, Authority and Programmatic Needs With Respect to ADS A. NHTSA Has Authority Over All Aspects of ADS B. NHTSA's Flexibility To Develop and Implement Non-Traditional Standards for ADS C. Research Is Needed To Generate Data on ADS D. Regulatory Relief May Be Needed To Facilitate Research Involving Vehicles With High and Full Driving Automation E. A Pilot Program Could Provide Relief and Promote Research on Ads III. Pilot Program for the Safe Testing and Deploying of Vehicles With High and Full Driving Automation A. Considerations in Designing a Pilot Program 1. Vehicle Design for Safe Operation 2. Vehicle Design for Risk Mitigation 3. Vehicle Design Safety Elements 4. Data and Reporting 5. Additional Considerations in Pilot Program Design 6. Issues Relating To Establishing a Pilot Program i. Applications for Participation and Potential Terms of Participation ii. Potential Categories of Data To Be Provided by Program Participants B. Use of Exemptions To Provide Regulatory Relief for Pilot Program Participants 1. Exemptions From Prohibitions Concerning Noncompliant Vehicles Under Section 30113 2. Exemptions From Prohibitions Concerning Noncompliant Vehicles Under Section 30114 3. Exemption From Rendering Inoperative Prohibition 4. Other Potential Obstacles IV. Confidentiality of Information Provided by Program Participants V. Next Steps VI. Regulatory Notices VII. Public Comment I. Background and Overview

    As the Federal agency charged with improving motor vehicle safety through reducing crashes, and preventing deaths and injuries from crashes, NHTSA is encouraged by the new ADS vehicle technologies being developed and implemented by automobile manufacturers and other innovators. NHTSA anticipates that automation can serve a vital safety role on our Nation's roads, particularly since human error and choice are currently the critical factors behind the occurrence of a large number of crashes. ADS vehicle technologies possess the potential to save thousands of lives, as well as reduce congestion, enhance mobility, and improve productivity.

    To aid in determining how best to foster the safe development and implementation of ADS vehicle technologies on our Nation's roadways, NHTSA believes it is prudent to facilitate the conducting of research and gathering of data about these new and developing technologies in their various iterations and configurations. Thus, NHTSA is seeking comment on creating a national ADS vehicle pilot program for the testing of vehicles and associated equipment and to gather data from such testing, including data generated in real-world scenarios. NHTSA anticipates that this data will provide information needed to help realize the promises and meet the challenges of ADS vehicle development and deployment.

    The purpose of this ANPRM is to obtain public views and suggestions for steps that NHTSA can take to facilitate, monitor and learn from on-road research through the safe testing and eventual deployment of high and full automated vehicles, i.e., Level 4 and 5 1 ADS vehicles, primarily through a pilot program.

    1 See table below for explanations of these terms.

    To explain these levels of automation and put them in context with the other levels defined by SAE (Society of Automotive Engineers) International in Table 1 of SAE J3016,2 the Agency provides the following simplified description of the full array of levels:

    2 SAE J3016_201806 Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles.

    Level of automation What does the vehicle do, what does the human driver/occupant do, and when and where do they do it? Level 0 No Automation of driving task: While the vehicle may provide warnings (e.g., forward collision warning and blind-spot warning), the human driver must in all conditions and at all times perform all aspects of the driving task like monitoring the driving environment, steering, braking and accelerating. Level 1 Driver Assistance: The vehicle may have some features that can automatically assist the human driver with either steering (e.g., lane keeping assist) or braking/accelerating (e.g., adaptive cruise control), but not with both simultaneously. The human driver performs all other aspects of the driving task like monitoring the driving environment, steering, braking and accelerating. Level 2 Partial Driving Automation: The vehicle has combined automated functions, like speed control and steering simultaneously, but the driver must remain engaged with the driving task by controlling the other elements of driving, monitoring the driving environment at all times, and being ready to take over immediately if conditions exceed the capabilities of the vehicle's automated functions. Level 3 Conditional Driving Automation: The vehicle can perform most aspects of the driving task, including monitoring the driving environment and making decisions, under some conditions (e.g., speeds under a set threshold). The presence of a human driver is still a necessity, but is not required to monitor the driving environment when the ADS is engaged and operating in those conditions. The driver must always be ready to intervene and take control of the vehicle when the ADS gives the driver notice to do so or the vehicle experiences a driving-task-related failure. Level 4 High Driving Automation: The vehicle can perform most aspects of the driving task under certain conditions without the involvement of or oversight by a human driver. Outside of those conditions, the vehicle will enter a safe fallback mode if a human occupant does not resume control. The vehicle may or may not be designed to allow a human occupant to assume control. Level 5 Full Driving Automation: The vehicle can perform all aspects of the driving task at all times and under all conditions. While the human occupants need to set the trip destination and start the ADS, they need never be involved in any aspects of the driving task. The vehicle may or may not be designed to allow a human occupant to assume control.

    This ANPRM is the latest effort by DOT and NHTSA to address issues relating to the testing and deployment of vehicles with high and full driving automation. Automated Driving Systems 2.0: A Vision for Safety (“A Vision for Safety”), issued by DOT in September 2017, included guidance to manufacturers and other entities seeking to document for themselves how they are addressing safety. It further outlined a summary document that they could use to disclose their voluntary safety self-assessments to the public in order to describe to the public, to stakeholders, and to Federal, State and local governments the manufacturers' approach to assuring safe testing and development.

    In a separate notice published in January 2018,3 the Agency took the next step by publishing a request for public comments to identify any regulatory barriers in the existing Federal motor vehicle safety standards (FMVSS) to the testing, compliance certification and compliance verification of automated motor vehicles. In that notice, NHTSA focused primarily, but not exclusively, on vehicles with certain unconventional interior designs, such as those that lack controls for a human driver; e.g., steering wheel, brake pedal or accelerator pedal. The absence of manual driving controls, and thus of a human driver, poses potential barriers to testing, compliance certification and compliance verification. Further, the compliance test procedures of some FMVSS depend on the presence of such things as a human test driver who can follow test instructions or a steering wheel that can be used by an automated steering mechanism. In addressing all of these issues, the Agency's focus will be on ensuring the maintenance of currently required levels of safety performance.

    3 83 FR 2607, January 18, 2018.

    This ANPRM focuses on the related question of how the Agency can best encourage and facilitate the necessary research to allow for the development and establishment, as needed, of standards for ADS vehicles, including vehicles that have unconventional designs, can operate in “dual modes” (one of which may involve unconventional designs), and can comply with the existing FMVSS.

    NHTSA believes that in order to anticipate, identify and address potential safety concerns and realize the full promise of ADS, it is vital that the developers of vehicles with high and full driving automation have broad opportunities to gain practical, real world experience, in locations of their choosing, with different approaches to, and combinations of, hardware and software in order to learn which approaches and combinations offer the greatest levels of safety and reliability. Simulated testing, or testing in laboratory or other controlled settings is very beneficial, but NHTSA also recognizes the importance of preparing for a world in which ADS vehicles operate on a broad scale on our Nation's roads under a vast array of complex and changing road, traffic and weather conditions. ADS must be able to operate in and adapt to such conditions, just as human drivers must when driving their vehicles today. On-the-road testing and evaluation of ADS vehicles will be critical to the successful development and integration of these vehicles into the roads and highways throughout the country.

    Based on the foregoing, NHTSA is considering the establishment of a national pilot research program. The Agency emphasizes that it has not made any decisions whether to establish a pilot program or how to structure one. For this reason, it cannot currently estimate the timing, cost or duration of a pilot program. After analyzing the public comments on this ANPRM and other available information, NHTSA will further assess the prospects for implementing a viable and effective program and identify the best approach to structuring one.

    I. NHTSA's Safety Mission, Authority, and Programmatic Needs With Respect to ADS

    NHTSA, an operating administration within DOT, was established, as a successor to the National Highway Safety Bureau, by the Highway Safety Act of 1970 to carry out safety programs under the National Traffic and Motor Vehicle Safety Act of 1966 (“the Act”) and the Highway Safety Act of 1966. The Act directs the Department of Transportation “(1) to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; and (2) to carry out needed safety research and development.” 4

    4 49 U.S.C. 30101.

    Its vehicle safety mission is to save lives and prevent injuries due to road traffic crashes through a variety of means. More specifically, the Agency carries out its vehicle safety mission by:

    • Collecting real world data on the safety of motor vehicles and items of motor vehicle equipment;

    • Conducting safety research;

    • Setting FMVSS for new motor vehicles and motor vehicle equipment (to which manufacturers must certify compliance before sale or introduction into interstate commerce).

    • Enforcing compliance with the standards;

    • Investigating and overseeing the recall and remedy of noncompliant products and products containing safety-related defects;

    • Communicating with and educating the public about motor vehicle safety issues through comparative performance ratings and other means; and

    • Issuing guidance for vehicle and equipment manufacturers to follow on important issues affecting safety.

    In addition, NHTSA works with State highway safety agencies and other partners under the Highway Safety Act to encourage the safe behavior of drivers, occupants, cyclists, and pedestrians across the country.

    A. NHTSA Has Authority Over All Aspects of ADS Design

    NHTSA's authority over ADS is broad and clear. The Act obligates NHTSA to regulate the safety of motor vehicles and motor vehicle equipment.5 “Motor vehicle equipment” is defined broadly enough to include both tangible components, e.g., hardware, and intangible components, e.g., software, of modern electronic motor vehicle systems.6 Both types of components, working in combination, are indispensable to the functioning of modern vehicle electronic systems and critical to the future safety of the motor vehicle occupants, cyclists and pedestrians.7 Indeed, without their software components, these electronic systems would not be systems; instead, they would be nonfunctional assemblages of hardware components. Hardware and software components are also at the heart of each building block technology for vehicle automation and are indispensable to the combining of the technologies in ADS vehicles.

    5 49 U.S.C. 30111(a).

    6 49 U.S.C. 30102(a)(6) and (7).

    7 Transportation Research Board Special Report 308, The Safety Promise and Challenge of Automotive Electronics: Insights from Unintended Acceleration, 2012. The Board is part of the National Research Council which is, in turn, part of the National Academies. This report describes the challenges presented by electronic systems and what the report terms their “hardware components” and “software components.” (P. 87). It is available on a number of online sites, including http://onlinepubs.trb.org/onlinepubs/sr/sr308.pdf and https://www.nap.edu/catalog/13342/trb-special-report-308-the-safety-challenge-and-promise-of-automotive-electronics and http://www.omg.org/hot-topics/documents/Safety-Promise-and-Challenge-of-Automotive-Electronics-TRB-2012.pdf.

    As technology has evolved, NHTSA has responded to Congressional mandates to use its authority to specify how and when the hardware components of electronic systems such as air bags, anti-lock braking systems and electronic stability control systems must activate and perform. This approach gives manufacturers freedom to develop the software components needed to control the performance of each system's hardware components. NHTSA has also repeatedly exercised its authority under the Act when the software and/or hardware components of computerized electronics have been the subject of safety defect recall and remedy campaigns. Software updates have been the remedy for software found to contain a safety defect.8

    8 To find vehicle safety recalls involving software, search for “software” in the monthly NHTSA recalls reports on the following web page, Monthly Reports: Recalls and Investigations, available at https://www-odi.nhtsa.dot.gov/recalls/monthlyreports.cfm. See also May 2016 report by J.D. Power that it had conducted an analysis of recalls under the Act showing that “(t)o date, 189 separate software recalls have been issued in the past 5 years, affecting more than 13 million vehicles. According to manufacturer analyses, 141 presented a risk of crashing; 44 could have resulted in injury.” The results of this analysis may be found at http://www.jdpower.com/cars/articles/safety-and-mpg/record-numbers-software-complaints-and-recalls-threaten-trust.

    NHTSA is also authorized to regulate certain other software, specifically, software that has functionality similar to that of the software in either a vehicle manufacturer's key fob/smart key or even some of the systems integrated into some current vehicles.9 Some of this software, e.g., that for remotely starting a vehicle's engine, affects motor vehicle systems only when the vehicles are parked, i.e., in circumstances called “nonoperational” safety. Other software, e.g., forward crash warning and remote automated parking systems, affects motor vehicles when they are moving, i.e., “operational” safety. The Act's definition of “motor vehicle safety” encompasses both aspects of safety.10

    9 49 U.S.C. 30102(a)(8).

    10 49 U.S.C. 30102(a)(9).

    B. NHTSA's Flexibility To Develop and Implement Non-Traditional Standards for ADS

    NHTSA's primary exercise of its regulatory authority involves the development and establishment of the FMVSS.11 Under the Act, NHTSA's FMVSS must meet a variety of requirements.12 They must be performance-oriented. They must be practicable, both technologically and economically. They must be objective, meaning that they must be capable of producing identical results when tests are conducted in identical conditions and compliance must be based on scientific measurements, not subjective opinion. Finally, they must meet the need for safety.

    11 It is important to note that, even in the absence of standards, ADS-equipped vehicles must still be free from unreasonable risks to safety; if such risks do exist, the vehicle, component, or accessory would be subject to NHTSA's defect authority. See NHTSA Enforcement Guidance Bulletin 2016-02: Safety-Related Defects and Automated Safety Technologies, 81 FR 65705, September 23, 2016.

    12 49 U.S.C. 30102(a)(10), 30111(a).

    The FMVSS can address all aspects and phases of ensuring that new motor vehicles are designed and perform safely. NHTSA can establish crash avoidance standards to reduce the chance that a vehicle will become involved in a crash or cause another vehicle to become involved in crash or reduce the severity of crashes that cannot be avoided. Likewise, NHTSA can issue crashworthiness standards requiring that a vehicle be designed so that its occupants are less likely to be seriously injured in a crash and so that it is less likely to cause injury to the occupants of other vehicles or other roadway users such as pedestrians and cyclists. In addition, NHTSA can issue standards for post-crash safety, such as minimizing the risk of electrical fires.

    NHTSA believes that the FMVSS structure has the necessary flexibility to regulate the design and performance of ADS appropriately. Although the existing FMVSS rely on physical tests and measurements to evaluate safety performance, there is no requirement in the Act that they rely exclusively or even at all on such tests and measurements so long as they are objective and meet the other statutory requirements. In the future, other approaches such as simulation and requirements expressed in terms of mathematical functions might be considered.13

    13 NHTSA notes that its Corporate Average Fuel Economy Standards are required to be stated in terms of a mathematical function. 49 U.S.C. 32902(b)(3)(A).

    In addition, because the software environment is likely to evolve and change at a rapid rate, NHTSA recognizes that it will need a new approach to the development and drafting of FMVSS, especially any FMVSS that might be established for ADS. The accelerating pace of technological change is incompatible with lengthy rulemaking proceedings that last at least 6-8 years from initiating rulemaking to conducting research to translating the research results into regulatory text to conducting and completing a notice and comment rulemaking. Further, the FMVSS of the future will need to be reconceptualized, developed and drafted so that they are nimbler, more performance-oriented and thus more accommodating of anticipated and continued rapid technological change than has generally been the case for the FMVSS to date.

    Similarly, although existing FMVSS generally address specific predictable events (e.g., stopping and turning safely on low friction surfaces, specific types of crashes), it may be desirable, even necessary, to meet the need for safety, for future FMVSS focused on ADS technologies to also address the common, yet unpredictable, events that occur in real-world driving, e.g., the one person among crowds of people standing on two or more corners of an intersection who suddenly decides to cross the street, the approaching vehicle that suddenly turns left, the parked vehicle that suddenly leaves its parking place, and the vehicle that suddenly emerges from a blind alley or other obscured location. Test procedures could replicate those events, including their unpredictability. A degree of unpredictability might be accomplished by varying the location of standardized surrogate vehicles, cyclists and pedestrians on a test course and the sequence in which they are encountered during testing. A sufficient degree of randomization could help avoid the risks that using a completely predictable test procedure might create, i.e., that a test vehicle could be programmed to anticipate the predictable encounters with surrogate objects and avoid a collision with them by being pre-programmed to do so, not by relying on its sensors and decision-making algorithms.

    Further, future FMVSS could test the ability of ADS vehicles to monitor not only simple scenarios involving a single surrogate pedestrian or vehicle, but also more complex and realistic scenarios involving multiple surrogate pedestrians and vehicles and their ability to identify and respond appropriately to all surrogate pedestrians and vehicles without the ADS vehicles' knowing in advance precisely which pedestrian or vehicle would move and when into their path.

    Finally, future FMVSS could be drafted in more technology-neutral performance terms than many of the existing technology-specific FMVSS. This approach may allow for the development and deployment of cutting-edge technology, as long as FMVSS performance mandates are satisfied. This approach could allow for testing and deployment of critical safety equipment without requiring time-consuming regulatory amendments to respond to changes in technology.

    C. Research Is Needed To Generate Data on ADS

    In order to establish standards that ensure safety without jeopardizing innovation, NHTSA must conduct significant research, as well as leverage research conducted by outside entities, including industry and universities. When the Act was enacted, Congress recognized the importance of research, development, testing, and evaluation, and provided “broad authority to initiate and conduct” those activities.14 Additionally, Congress recognized that safety standards “cannot be set in a vacuum. They must be based on reliable information and research.” 15

    14 S. Rep. No. 89-1301, at 9 (June 23, 1966).

    15 H.R. Rep. No. 89-1776, at 11 (July 28, 1966); see also S. Rep. No. 89-1301, at 9.

    In the Moving Ahead for Progress in the 21st Century Act,16 Congress reiterated and strengthened NHTSA's role in conducting research, particularly in areas of innovative technology, and directed that “[t]he Secretary of Transportation shall conduct research, development, and testing on any area or aspect of motor vehicle safety necessary to carry out this chapter.” 17 In carrying out this directive, Congress instructed the Secretary to “[c]onduct motor vehicle safety research, development, and testing programs and activities, including activities related to new and emerging technologies that impact or may impact motor vehicle safety” and to “[c]ollect and analyze all types of motor vehicle and highway safety data” relating to motor vehicle performance and crashes.18 Further, the Secretary was given broad authority to “enter into cooperative agreements, collaborative research, or contracts with Federal agencies, interstate authorities, State and local governments, other public entities, private organizations and persons,” and other appropriate institutions.19

    16 Public Law 112-141.

    17 49 U.S.C. 30181.

    18 49 U.S.C. 30182(a) (emphasis added).

    19 Id. at § 30182(b)(5).

    To aid in determining how best to foster the safe introduction of vehicles with high and full driving automation onto our Nation's roadways, NHTSA seeks to facilitate research and data gathering involving these new and developing technologies in their various iterations and configurations. The Agency wants the entities involved in this research to gain practical, real world experience to determine the best approaches to enhancing safety. This research is expected to generate the data needed to assist in developing methods of validating the safety performance of vehicles with high and full driving automation. NHTSA recognizes both the safety potential of ADS and the need to ensure that all testing and operation of vehicles with high and full driving automation are conducted in a manner that ensures the appropriate levels of safety for everyone involved—and most importantly, all roadway users.

    D. Regulatory Relief May Be Needed To Facilitate Research Involving Vehicles With High and Full Driving Automation

    In the separate notice on barriers mentioned above, NHTSA stated that it believes that vehicles with traditional interior designs, e.g., ones including steering wheels and foot pedals, that meet the existing FMVSS would still comply with the FMVSS even if those vehicles were designed to be operated as vehicles with high and full driving automation. However, vehicles with high and full driving automation that do not have traditional designs might not meet the existing FMVSS and would, therefore, require an exemption. NHTSA's statutes provide two separate avenues under sections 30113 and 30114 20 for an exemption of vehicles that do not comply with the standards and another process designed for vehicles that would initially comply with the standard, but also may need exemptions if they operate in “dual modes,” one of which could run afoul of NHTSA's “make inoperative” prohibition.21 Under both types of exemptions, NHTSA may set terms by which the exempted entity must abide.

    20 49 U.S.C. 30113 and 30114. These two sections, including relevant statutory text, are discussed below in parts III.B.1 and III.B.2 of this ANPRM.

    21 Certain ADS vehicles that do not comply with existing standards are currently allowed to be introduced into interstate commerce if they meet the requirements in section 30112(b)(10). The section excepts motor vehicles from the prohibition in section 30112(a)(1) against introducing a noncompliant motor vehicle into commerce, but, among other constraints, only if the vehicle is introduced by a manufacturer solely for the purpose of its being tested and evaluated on public roads, only for vehicle manufacturers that manufactured and distributed compliant vehicles in the United States before December 4, 2015, and only if those vehicles are not sold after the conclusion of testing. Importantly, then, this exception is limited in both which manufacturers can take advantage of it and what can be done while using it.

    In this document, NHTSA announces that it is contemplating creating an ADS vehicle pilot research program for the testing of vehicles and associated equipment and gathering of data from such testing, including in real-world scenarios, which the Agency would consider as setting the terms of the exemptions. NHTSA anticipates that these data will provide needed information that will better enable the public and private sectors to realize the promises and overcome the challenges of vehicles with high and full driving automation.

    E. A Pilot Program Can Provide Relief and Promote Research on ADS

    To summarize, NHTSA's authority covers all relevant aspects of ADS design, including vehicles with high and full driving automation. NHTSA, therefore, has an affirmative duty to establish the measures necessary to ensure the safe design and operation of these types of vehicles. However, to do so in a way that actually achieves those safety goals and does not unnecessarily impede innovation requires significant research on these cutting-edge issues. Due to the complexity of real-world driving, this research cannot simply be done in laboratories or other highly controlled testing environments and, instead, part of it must be done on public roads with real driving conditions. To help ensure that this testing is being done safely and with an eye towards developing the data necessary to support such future standards as may be needed, NHTSA is considering establishing a pilot program for vehicles with high and full driving automation for entities wishing to engage in the testing or, in some cases, deployment of vehicles with high and full driving automation that would require some type of an exemption from NHTSA's existing standards. The Agency believes that such a program could aid developers of vehicles with high and full driving automation in testing and deploying their vehicles across the country in a wide variety of scenarios, e.g., different climates, weather patterns, topographical features, road systems, population and traffic densities, etc.

    III. Pilot Program for the Safe Testing and Deployment of Vehicles With High and Full Driving Automation

    Technological innovations in automotive transportation are diverse and evolving quickly in the United States and abroad. The potential safety benefits that could result from deploying vehicles with high and full driving automation justify a considered approach at the Federal, State and local levels to the design and implementation of pilot programs for the safe testing, learning and eventual deploying of these vehicles, including on public roadways.

    Safety is a primary concern and is the primary mission of NHTSA. The issuance of this ANPRM on pilot program design is intended to stimulate public discussion of both safety aspects of new technology testing and development, as well as approaches to learning from pilot programs for technological improvement and eventual deployment. NHTSA acknowledges that there are also mobility, efficiency and accessibility opportunities associated with ADS and that infrastructure could play a key role in the broader operational availability of these technologies. Numerous companies, researchers, safety advocates, State and local governments, and other stakeholders are engaged in, planning to become engaged in or otherwise interested in the design, development, testing, and deployment of vehicles with high and full driving automation. NHTSA recognizes that it is restricted in its ability to apply requirements to certain manufacturers testing vehicles on public highways if the manufacturers agree not to offer for sale or sell those vehicles.22 Discussion of pilot program design and implementation does not assume that such regulatory and statutory limits are either appropriate or necessary, but rather that pilot programs might require NHTSA to address certain barriers.

    22 49 U.S.C. 30112(b)(10).

    Further, pilot programs should anticipate the need to coordinate Federal, State and local governments' responsibilities and efforts and should recognize other Federal agencies, and State and local governments are effective sources of information needed for risk management as ADS technology approaches deployment. State and local governments have traditionally played important roles in motor vehicle and road safety, through enforcement, traffic management and planning, research, and much more. It is critical to NHTSA to partner effectively with State and local governments to permit them to continue these important functions while the Agency works collaboratively to facilitate the safe and efficient deployment of ADS technology.

    Finally, at this stage, NHTSA is only considering a pilot program for light-duty vehicles; to the extent the Agency will consider establishing future pilot projects for other motor vehicles, such as truck tractors or buses, it will do so in coordination with the other relevant operating administrations within the Department.

    Questions.

    In furtherance of the goals of this ANPRM, NHTSA requests interested persons to answer a variety of questions about the structure of a national pilot program and about the types of regulatory relief that may be needed to make such a program successful. The views and information provided in response to those that will aid the Agency in deciding whether to create a national program and, if so, how to do so.

    Guidance on answering questions.

    In responding to each question, please provide data, analyses, research reports or other justification to support your response. In addition, please respond to the questions and requests in the same sequence in which they appear below and include the number of each question and request.

    Question 1. What potential factors should be considered in designing the structure of a pilot program that would enable the Agency to facilitate, monitor and learn from on-road research through the safe testing and eventual deployment of vehicles with high and full driving automation and associated equipment?

    Question 2. If NHTSA were to create a pilot program, how long would there be a need for such a program? What number of vehicles should be involved? Should NHTSA encourage the conducting of research projects in multiple locations with different weather conditions, topographical features, traffic densities, etc.?

    Question 3. What specific difficulties should be addressed in designing a national vehicle pilot program for vehicles with high and full driving automation either through the exemption request process relevant for FMVSS or more broadly related to other areas of NHTSA and/or other authorities.

    Question 4. How can existing statutory provisions and regulations be more effectively used in implementing such a pilot program?

    Question 5. Are there any additional elements of regulatory relief (e.g., exceptions, exemptions, or other potential measures) that might be needed to facilitate the efforts to participate in the pilot program and conduct on-road research and testing involving these vehicles, especially those that lack controls for human drivers and thus may not comply with all existing FMVSS?

    A. Considerations in Designing the Pilot Program

    NHTSA believes that a safe and effective pilot program for vehicles with high and full driving automation would necessarily address each of the following critical areas: (1) Vehicle design for safe operation; (2) vehicle design for risk mitigation in the event of an unplanned event; (3) vehicle design for intended operating conditions; and (4) data reporting and information sharing to identify and mitigate risks identified during the pilot program.

    1. Vehicle Design for Safe Operation

    As described above, NHTSA has long assessed vehicle attributes for safe operation under reasonably anticipated conditions. Such an assessment has historically included detailed elements of structural integrity and design, as well as hardware, software and telecommunications elements that contribute to either operational or nonoperational vehicle safety.

    NHTSA believes that vehicles with high and full driving automation participating in pilot programs for testing and evaluation and eventual deployment should continue to meet most FMVSS for the protection of vehicle occupants, pedestrians, and other vulnerable road users. However, in the case of certain elements, safety might be enhanced through approaches different than those contained in the current FMVSS, given that they were developed for vehicles designed only for human operation.

    As noted above, NHTSA has issued a Request for Comment regarding those provisions in the FMVSS that may pose barriers for the design, testing and deployment of some safe vehicles with high and full driving automation.

    Question 6. What vehicle design elements might replace existing required safety equipment and/or otherwise enhance vehicle safety under reasonably anticipated operating conditions?

    2. Vehicle Design for Risk Mitigation

    As described in section I (overview) above, the primary difference between lower level driving automation systems and high and full driving automation systems is the reliance in the latter systems on the vehicle to perform all driving functions in at least certain circumstances. It is anticipated that vehicles with high and full driving automation will accomplish this through the combination of highly sophisticated detection systems, systems for digital interpretation of detected objects, data retention and processing, communication protocols, and highly sophisticated decision-making software. Together, this combination of functions is intended to replace and improve upon the ability of human drivers to detect, interpret, communicate and react to vehicle operational needs and conditions.

    Some vehicles with high driving automation will require an additional design consideration to address human-machine interface when operating outside of their Operational Design Domain.23 Specifically, given the reliance of those vehicles on vehicle, and not human, systems, the design of those vehicles should account for both the vehicle and human elements of any transition from one type of driver (human or vehicle) to another type of driver (vehicle or human).

    23 The Operational Design Domain describes the specific conditions under which a given ADS or feature is intended to function. More specifically, it defines where (such as what roadway types and speeds) and when (under what conditions, such as day/night, weather limits, etc.) an ADS is designed to operate.

    In A Vision for Safety, the Department of Transportation described a voluntary safety self-disclosure approach recommended to innovators seeking to test and deploy vehicles with high and full driving automation on public roadways.

    NHTSA's existing authorities under the Act, e.g., provisions concerning research, standard setting and consumer information, are adequate for NHTSA to evaluate and recommend protocols to ensure the safety of vehicle design for risk mitigation. In fact, NHTSA has already developed and adopted protocols for a wide variety of technologies for use in either the FMVSS or the New Car Assessment Program. Examples include anti-lock braking systems, electronic stability control, automatic emergency braking, and lane departure warning.

    Furthermore, NHTSA's authorities supporting the current FMVSS program are adequate and appropriate for developing very broadly drafted safety performance standards that might be necessary for the eventual safe widespread deployment on public roadways of vehicles with high and full driving automation. Such performance standards should allow for unencumbered innovation where such innovation provides equivalent or improved safety for future transportation designs when compared to the safety of human drivers. For example, future performance-based standards might include standards and testing for safe lane change performance on highways, hazard detection and avoidance in urban environments, or collision avoidance on rural highways.

    Question 7. What types of performance measures should be considered to ensure safety while allowing for innovation of emerging technology in vehicles with high and full driving automation participating in a pilot program?

    3. Vehicle Design Safety Elements

    A Vision for Safety seeks to help designers of ADS to analyze, identify, and resolve safety considerations prior to deployment by using their own, industry, and other best practices. It outlines 12 safety elements, which the Agency believes represent the consensus across the industry, that are generally considered to be the most salient design aspects to consider and address when developing, testing, and deploying ADS on public roadways. Within each safety design element, entities are encouraged to consider and document for themselves their use of industry standards, best practices, company policies, or other methods they have employed to provide for increased system safety in real-world conditions.

    For example, vehicles with high and full driving automation are currently tested and deployed in carefully risk-managed phases to allow for safe operation during development of increasingly complex systems. As described in A Vision for Safety, the circumstances in which the automated operation of a vehicle is enabled are set forth in the vehicle's Operational Design Domain.

    NHTSA believes that any pilot program for the testing of vehicles with high and full driving automation should include defined Operational Design Domains as a component of safe automated vehicle operation. Examples of an Operational Design Domain include, but are not limited to, geographic, environmental or other conditions in which the vehicle is designed to operate, detect and respond safely to a variety of normal and unexpected objects and events, and to fall back to a minimal risk condition in the event that the ADS fails or that the ADS encounters conditions outside the Operational Design Domain.

    NHTSA has historically regulated the enabling conditions for safety systems, such as air bags, anti-lock brakes and electronic stability control, that are designed to intervene when certain conditions, and only those conditions, exist. NHTSA believes that the critical relationship between the safety of a vehicle's design and the vehicle's decision-making system similarly makes it necessary to evaluate the safety of automated vehicle performance in light of appropriate and well-defined Operational Design Domains. For example, if a vehicle is capable of safely operating automatically only at speeds below 30 mph, NHTSA might consider whether it would be appropriate to require that the vehicle be designed so that it cannot operate automatically at speeds of 30 mph or more unless and until it acquires the capability (e.g., through software updates) of safely operating automatically above that speed. Similarly, if a vehicle would become incapable of operating safely if one or more of its sensors became non-functional, NHTSA might consider whether it would be appropriate to require that the vehicle be designed so that it cannot operate automatically in those circumstances.

    State and local authorities also have a role to play. Through establishing and enforcing their rules of the road, these authorities have traditionally controlled such operational matters as the speed at which vehicles may be driven and the condition of certain types of safety equipment such as head and tail lights. In the future, it is reasonable to expect that these authorities may establish new rules of the road to address ADS vehicles specifically. While NHTSA might require the manufacturers of these vehicles to design them so that their vehicles know the State and locality in which they are operating and what the rules of the road are for that location and so that they observe those rules, the States and localities would enforce those rules if broken.

    Question 8. How should the Operational Design Domains of individual vehicle models be defined and reinforced and how should Federal, State and local authorities work together to ensure that they are observed?

    4. Data and Reporting

    The purpose of a pilot program is to allow for safe on-road testing and on-road learning in order to provide feedback for further safe development. An important element of any pilot program is the creation, sharing and appropriate use of performance data to allow constant improvement to the test technology and improved risk management.

    NHTSA believes that the novel challenge of assessing the safety of the emerging technologies in vehicles with high and full driving automation requires a commitment to timely and accurate data reporting and analysis.

    Question 9. What type and amount of data should participants be expected to share with NHTSA and/or with the public for the safe testing of vehicles with high and full driving automation and how frequently should the sharing occur?

    Question 10. In the design of a pilot program, how should NHTSA address the following issues—

    a. confidential business information?

    b. privacy?

    c. data storage and transmission?

    d. data retention and reporting?

    e. other elements necessary for testing and deployment?

    5. Additional Considerations in Pilot Program Design

    NHTSA seeks comments on whether there are additional critical areas to consider in the design of a safe pilot program for the testing and deployment of vehicles with high and full driving automation.

    Question 11. In the design of a pilot program, what role should be played by—

    a. The 12 safety elements listed in A Vision for Safety?

    b. The elements listed below,

    i. Failure risk analysis and reduction during design process (functional safety)?

    ii. Objective performance criteria, testable scenarios and test procedures for evaluating crash avoidance performance of vehicles with high and full driving automation?

    iii. Third party evaluation?

    A. Failure risk reduction?

    B. Crash avoidance performance of vehicles with high and full driving automation?

    iv. Occupant/non-occupant protection from injury in the event of a crash (crashworthiness)?

    v. Assuring safety of software updates?

    vi. Consumer education?

    vii. Post deployment Agency monitoring?

    viii. Post-deployment ADS updating, maintenance and recalibration?

    c. Are there any other elements that should be considered?

    Question 12. Are there any additional critical areas to consider in the design of a safe pilot program for the testing and deployment of vehicles with high and full driving automation?

    6. Issues Relating To Establishing a Pilot Program

    In addition to the general issues identified above, NHTSA requests comment on the following questions related to the development of the potential pilot program.

    i. Applications for Participation and Potential Terms of Participation

    Question 13. Which of the following matters should NHTSA consider requiring parties that wish to participate in the pilot program to address in their applications?

    a. “Safety case” for vehicles to be used in the pilot program (e.g., system safety analysis (including functional safety analysis), demonstration of safety capability based on objective performance criteria, testable scenarios and test procedures, adherence to NHTSA's existing voluntary guidance, including the submission of a voluntary safety self-assessment, and third party review of those materials).

    i. What methodology should the Agency use in assessing whether an exempted ADS vehicle would offer a level of safety equivalent to that of a nonexempted vehicle? For example, what methodology should the Agency use in assessing whether an ADS vehicle steers and brakes at least as effectively, appropriately and timely as an average human driver?

    b. Description of research goals, methods, objectives, and expected results.

    c. Test design (e.g., route complexity, weather and related road surface conditions, illumination and institutional review board assessment).

    d. Considerations for other road users (e.g., impacts on vulnerable road users and proximity of such persons to the vehicle).

    e. Reporting of data, e.g., reporting of crashes/incidents to NHTSA within 24 hours of their occurrence.

    f. Recognition that participation does not negate the Agency's investigative or enforcement authority, e.g., independent of any exemptions that the Agency might issue to program participants and independent of any terms that the Agency might establish on those exemptions, the Agency could conduct defect investigations and order recalls of any defective vehicles involved in the pilot program. Further, the Agency could investigate the causes of crashes of vehicles involved in the program.

    g. Adherence to recognized practices for standardizing the gathering and reporting of certain types of data in order to make possible the combining of data from different sources and the making of statistically stronger findings.

    h. For which types of data would standardization be necessary in order to make such findings and why?

    i. To what extent would standardization be necessary for those types?

    j. Occupant/non-occupant protection from injury in the event of a crash (crashworthiness).

    k. Assuring safety of software updates.

    l. Consumer education.

    m. Post-deployment monitoring.

    n. Post-deployment maintenance and calibration considerations.

    Question 14. What types of terms and conditions should NHTSA consider attaching to exemptions to enhance public safety and facilitate the Agency's monitoring and learning from the testing and deployment, while preserving the freedom to innovate, including terms and conditions for each of the subjects listed in question 13? What other subjects should be considered, and why?

    ii. Potential Categories of Data To Be Provided by Program Participants

    Question 15. What value would there be in NHTSA's obtaining one or more of the following potential categories of data from the participants in the pilot program? Are there other categories of data that should be considered? How should these categories of data be defined?

    a. Statistics on use (e.g., for each functional class of roads, the number of miles, speed, hours of operation, climate/weather and related road surface conditions).

    b. Statistics and other information on outcome (e.g., type, number and cause of crashes or near misses, injuries, fatalities, disengagements, and transitions to fallback mechanisms, if appropriate).

    c. Vehicle/scene/injury/roadway/traffic data and description for each crash or near miss (e.g., system status, pre-crash information, injury outcomes).

    d. Sensor data from each crash or near miss (e.g., raw sensor data, perception system output, and control action).

    e. Mobility performance impacts of vehicles with high and full driving automation, including string stability of multiple consecutive ADS vehicles and the effects of ADS on vehicle spacing, which could ultimately impact flow safety, and public acceptance.

    f. Difficult scenarios (e.g., scenarios in which the system gave control back to an operator or transitioned to its safe state by, for example, disabling itself to a slow speed or stopped position).

    g. Software updates (e.g., reasons for updates, extent to which updates are made to each vehicle for which the updates are intended, effects of updates).

    h. Metrics that the manufacturer is tracking to identify and respond to progress (e.g., miles without a crash and software updates that increase the operating domain).

    i. Information related to community, driver and pedestrian awareness, behavior, concerns and acceptance related to vehicles with high and full driving automation operation. For example, if vehicles with high and full driving automation operated only in limited defined geographic areas, might that affect the routing choices of vehicles without high and full driving automation? For another example, if vehicles with high and full driving automation are programmed to cede right of way to avoid collision with other vehicles and with pedestrians and cyclists, might some drivers of vehicles without such automation, pedestrians and cyclists take advantage of this fact and force vehicles with high and full driving automation to yield to them?

    j. Metrics or information concerning the durability of the ADS equipment and calibration, and need for maintenance of the ADS.

    k. Data from “control groups” that could serve as a useful baseline against which to compare the outcomes of the vehicle participating in the pilot program.

    l. If there are other categories of data that should be considered, please identify them and the purposes for which they would be useful to the Agency in carrying out its responsibilities under the Act.

    m. Given estimates that vehicles with high and full driving automation would generate terabytes of data per vehicle per day, how should the need for data be appropriately balanced with the burden on manufacturers of providing it and the ability of the Agency to absorb and use it effectively?

    n. How would submission of a safety assurance letter help to promote public safety and build public confidence and acceptance?

    o. For all of the above categories of information, how should the Agency handle any concerns about confidential business information and privacy?

    B. Use of Exemptions To Provide Regulatory Relief for Pilot Program Participants

    As discussed above, NHTSA has several means to provide regulatory relief for vehicles with high and full driving automation whose innovative designs make compliance with existing regulations impracticable or impossible. In this document, the Agency has outlined and requested comment on a potential pilot program for these vehicles, to encourage and facilitate the necessary research and data to ensure their safe deployment and allow NHTSA to determine how to appropriately evaluate and regulate these vehicles.

    As part of this pilot program, NHTSA is considering what effect participation in the pilot program could have on the exemption process and vice versa.

    Question 16. How should the Agency analyze safety in deciding whether to grant such exemptions under each of the separate bases for exemptions in section 30113? Can the exemption process be used to facilitate safe and effective ADS development in an appropriate manner?

    Question 17. Could a single pilot program make use of multiple statutory sources of exemptions or would different pilot programs be needed, one program for each source of exemption?

    Question 18. To what extent would NHTSA need to implement the program via new regulation or changes to existing regulation? Conversely, could NHTSA implement the program through a non-regulatory process? Would the answer to that question change based upon which statutory exemption provision the agency based the program on?

    1. Exemptions From Prohibitions Concerning Noncompliant Vehicles Under Section 30113

    Section 30112, except as otherwise provided, e.g., under sections 30113 and 30114, prohibits any person from manufacturing for sale, selling, offering for sale, introducing or delivering for introduction in interstate commerce, or importing into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable FMVSS takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 of the Act.24 Under section 30113, upon application by a vehicle manufacturer, NHTSA may exempt, on a temporary basis, motor vehicles from a FMVSS, on terms the Agency considers appropriate, if it finds that—

    24 49 U.S.C. 30112(a)(1).

    (a) an exemption is consistent with the public interest and this chapter or chapter 325 of this title (as applicable); and either

    (b)

    (i) compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith;

    (ii) the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard;

    (iii) the exemption would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle; or

    (iv) compliance with the standard would prevent the manufacturer from selling a motor vehicle with an overall safety level at least equal to the overall safety level of nonexempt vehicles.25

    25 49 U.S.C. 30113.

    A manufacturer is eligible for an economic hardship exemption only if the manufacturer's total motor vehicle production in the most recent year of production is not more than 10,000. An economic hardship exemption can be granted for not more than 3 years, although it can be renewed. Any manufacturer, regardless of its total production, is eligible for an exemption on the other three bases listed in the paragraph immediately above, but only if the exemption is for not more than 2,500 vehicles to be sold in the United States in any 12-month period. Exemptions on these three bases may be granted for not more than 2 years and can be renewed.

    Over the years, NHTSA has granted numerous exemptions under the “substantial economic hardship” criteria, but relatively few under the other three bases. This proportion may change in the future. The use of the other three bases for granting petitions for the exemption of vehicles with high and full driving automation may become increasingly important prior to the development of ADS-specific standards.

    Since the Act does not contain any prohibitions regarding the use of a motor vehicle, whether compliant or noncompliant, once a manufacturer receives an exemption from the prohibitions of section 30112(a)(1), the use of those vehicles is controlled only to the extent that NHTSA sets terms on the exemption. Its authority to set terms is broad. Since the terms would be the primary means of ensuring the safe operation of those vehicles, the Agency would consider carefully what types of terms to establish. The manufacturer would need to agree to abide by the terms set for that exemption in order to begin and continue producing vehicles pursuant to that exemption. Thus, if NHTSA were to establish the collaborative pilot research program for such vehicles discussed in this document, it could establish, for example, reporting terms to ensure a continuing flow of information to the Agency during and after the period of exemption to meet the Agency's, as well as the manufacturer's, research needs. Since only a very small portion of the total mileage that the exempted vehicles could be expected to travel during their useful life would have been driven by the end of the exemption period, it might be desirable for the data to be reported over a longer period of time to enable the Agency to make sufficiently reliable judgements. Such judgments might include a retrospective review of the judgments that the Agency made, at the time of granting the petition, about the anticipated safety effects of the exemption. Regardless of the period specified for reporting, NHTSA could also establish terms to specify what the consequences would be if the flow of information were to cease or become inadequate during or after the exemption period. NHTSA's regulations in 49 CFR part 555 provide that the Agency can revoke an exemption if a manufacturer fails to satisfy the terms of the exemption.

    Question 19. How could the exemption process in section 30113 be used to facilitate a pilot program? For vehicles with high and full driving automation that lack means of manual control, how should NHTSA consider their participation, including their continued participation, in the pilot program in determining whether a vehicle would meet the statutory criteria for an exemption under section 30113? More specifically:

    a. Would participation assist a manufacturer in showing that an exemption from a FMVSS would facilitate the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the FMVSS, as required to obtain an exemption under section 30113(b)(ii)? If so, please explain how.

    b. Would participation assist a manufacturer in showing that compliance with the FMVSS would prevent the manufacturer from selling a motor vehicle with an overall safety level at least equal to the overall safety level of nonexempt vehicles, as required to obtain an exemption under section 30113(b)(iv)? If so, please explain how.

    c. The Agency requests comment on what role a pilot program could play in determining when to grant an exemption from the “make inoperative” prohibition under section 30122 for certain “dual mode” vehicles. Relatedly, what tools does NHTSA have to incentivize vehicles with high and full driving automation that have means of manual control and thus do not need an exemption to participate in the pilot program?

    2. Exemptions From Prohibitions Concerning Noncompliant Vehicles Under Section 30114

    Next, under section 30114, the “Secretary of Transportation may exempt a motor vehicle or item of motor vehicle equipment from section 30112(a) of this title, on terms the Secretary decides are necessary, for research, investigations, demonstrations, training, competitive racing events, show, or display.” 26 NHTSA has historically focused these types of exemptions on the noncompliant vehicles made outside the U.S. However, NHTSA is examining whether the language of section 30114 gives NHTSA the discretion to create a level playing field by expanding the coverage of exemption under that section to any vehicle, regardless of whether it is domestic or foreign, that meets the criteria of that section, particularly vehicles with high and full driving automation that do not meet existing standards and whose manufacturers are or seek to become engaged in research and demonstrations involving those vehicles. If so, NHTSA would be able to establish the terms with which a participant would need to comply in order to receive and continue to enjoy the benefits of an exemption. Such terms could include a wide variety of matters, including participation in a pilot program.

    26 49 U.S.C. 30114.

    Question 20. What role could exemptions under section 30114 play in the pilot program? Could participation in the pilot program assist a manufacturer in qualifying for an exemption under section 30114? Could participation be considered part of the terms the Secretary determines are necessary to be granted an exemption under section 30114 for vehicles that are engaged in “research, investigations, demonstrations, training, competitive racing events, show, or display”?

    3. Exemption From Rendering Inoperative Prohibition

    Finally, NHTSA has related exemption authority with regard to the “make inoperative” provision in its statute. Manufacturers, distributors, dealers, and motor vehicle repair businesses are prohibited from knowingly making inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable FMVSS unless they reasonably believe the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative.27

    27 49 U.S.C. 30122(b).

    However, NHTSA may prescribe regulations to exempt a person or a class of persons from this prohibition if the Agency decides the exemption is consistent with motor vehicle safety and the purposes of the Act. For example, pursuant to that authority, NHTSA has exempted from the “make inoperative” prohibition,28 as a class, all motor vehicle repair businesses that modify a motor vehicle to enable a person with a disability to operate, or ride as a passenger in, the motor vehicle to the extent that those modifications affect the motor vehicle's compliance with the FMVSS or portions thereof specified in paragraph (c) of 49 CFR part 595. Such an exemption may be warranted for certain “dual-mode” vehicles, i.e., those that may be operated with or without a human driver and are designed to have mandated and/or regulated components, such as brake pedals, retract under specified conditions. Comments are invited on this issue.

    28 49 U.S.C. 30122.

    Question 21. What role could a pilot program play in determining when to grant an exemption from the “make inoperative” prohibition under section 30122 for certain “dual mode” vehicles? Relatedly, what tools does NHTSA have to incentivize vehicles with high and full driving automation that have means of manual control and thus do not need an exemption to participate in the pilot program?

    4. Other Potential Obstacles

    The Agency also wishes to better understand any other potential obstacles either to the development of the pilot program or vehicles with high and full driving automation more generally.

    Question 22. If there are any obstacles other than the FMVSS to the testing and development of vehicles with high and full driving automation, please explain what those are and what could be done to relieve or lessen their burdens. To the extent any tension exists between a Federal pilot program and State or local law, how can NHTSA better partner with State and local authorities to advance our common interests in the safe and effective testing and deployment of ADS technology?

    IV. Confidentiality of Information Provided by Program Participants

    NHTSA recognizes that companies may be reluctant to share certain data or information with the Agency in connection with an exception, an exemption, or a pilot program because the data or information is proprietary. The Agency notes that 49 CFR part 512 sets forth the procedures and standards by which it will consider claims that information submitted to the Agency is entitled to confidential treatment under 5 U.S.C. 552(b), most often because the information constitutes confidential business information as described in 5 U.S.C. 552(b)(4). Part 512 also addresses the treatment of information determined to be entitled to confidential treatment. Commercial or financial information is considered confidential if it is voluntarily submitted to the Agency and is the type of information that is customarily not released to the general public. The Agency is seeking information from interested parties on how it might further protect non-public information that the Agency might need in connection with an exemption or pilot program.

    V. Next Steps

    The Agency wishes to re-emphasize that it has not made any decisions whether to establish a pilot program or how to structure such a program. After analyzing the public comments on this ANPRM and other available information, NHTSA will further assess the prospects for implementing a viable and effective program and identify the best approach to structuring one. Once it has done so, it will issue a notice, either an NPRM, if regulatory changes are determined to be necessary or a request for comment, if no regulatory changes are required, describing that approach and any promising alternative approaches and again seek public comment. After considering that second round of comments, the Agency will make a final decision about such a program in a final rule, if needed, or through another notice.

    VI. Regulatory Notices

    This action has been determined to be significant under Executive Order 12866, as amended by Executive Order 13563, and the Department of Transportation's Regulatory Policies and Procedures. It has been reviewed by the Office of Management and Budget under that Order. Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) require agencies to regulate in the “most cost-effective manner,” to make a “reasoned determination that the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.” Additionally, Executive Orders 12866 and 13563 require agencies to provide a meaningful opportunity for public participation. Accordingly, we have asked commenters to answer a variety of questions to elicit practical information about alternative approaches and relevant technical data. These comments will help the Department evaluate whether a proposed rulemaking is needed and appropriate. This action is not subject to the requirements of E.O. 13771 (82 FR 9339, February 3, 2017) because it is an advance notice of proposed rulemaking.

    VII. Public Comment How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your comments are filed in the correct docket, please include the docket number of this document in your comments.

    Your comments must not be more than 15 pages long (49 CFR 553.21). NHTSA established this limit to encourage you to write your primary arguments in a concise fashion so that the Agency and the public can more readily identify the more significant aspects of your comments. However, you may provide additional supporting arguments and relevant data by attaching necessary additional documents to your comments. There is no limit on the number or length of the attachments.

    Please submit one copy (two copies if submitting by mail or hand delivery) of your comments, including the attachments, to the docket following the instructions given above under ADDRESSES. Please note, if you are submitting comments electronically as a PDF (Adobe) file, we ask that the documents submitted be scanned using an Optical Character Recognition (OCR) process, thus allowing NHTSA to search and copy certain portions of your submissions.

    How do I submit confidential business information?

    If you wish to submit any information under a claim of confidentiality, you must submit three copies of your complete submission, including the information you claim to be confidential business information, to the Office of the Chief Counsel, NHTSA, at the address given above under FOR FURTHER INFORMATION CONTACT.

    In addition, you may submit a copy (two copies if submitting by mail or hand delivery) from which you have deleted the claimed confidential business information, to the docket by one of the methods given above under ADDRESSES. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in NHTSA's confidential business information regulation (49 CFR part 512).

    Will NHTSA consider late comments?

    NHTSA will consider all comments received before the close of business on the comment closing date indicated above under DATES. To the extent possible, NHTSA will also consider comments received after that date.

    How can I read the comments submitted by other people?

    You may read the comments received at the address given above under Comments. The hours of the docket are indicated above in the same location. You may also read the comments on the internet, identified by the docket number at the heading of this document, at http://www.regulations.gov.

    Please note that, even after the comment closing date, NHTSA will continue to file relevant information in the docket as it becomes available. Further, some people may submit late comments. Accordingly, NHTSA recommends that you periodically check the docket for new material.

    Authority:

    49 U.S.C. 30101 et seq., 49 U.S.C. 30182.

    Issued in Washington, DC, on October 3, 2018, under authority delegated in 49 CFR part 1.95. Heidi Renate King, Deputy Administrator.
    [FR Doc. 2018-21919 Filed 10-9-18; 8:45 am] BILLING CODE 4910-59-P
    83 196 Wednesday, October 10, 2018 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2018-0042] Availability of an Environmental Assessment for Field Testing of a Swine Influenza Vaccine, DNA AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice of availability.

    SUMMARY:

    We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Swine Influenza Vaccine, DNA. Based on the environmental assessment, risk analysis, and other relevant data, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment. We are making the documents available to the public for review and comment.

    DATES:

    We will consider all comments that we receive on or before November 9, 2018.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0042.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2018-0042, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0042 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Donna Malloy, Operational Support Section, Center for Veterinary Biologics, Policy, Evaluation, and Licensing, VS, APHIS, 4700 River Road, Unit 148, Riverdale, MD 20737-1231; phone (301) 851-3426, fax (301) 734-4314.

    For information regarding the environmental assessment or the risk analysis, or to request a copy of the environmental assessment (as well as the risk analysis with confidential business information redacted), contact Dr. Patricia L. Foley, Risk Manager, Center for Veterinary Biologics, Policy, Evaluation, and Licensing, VS, APHIS, 1920 Dayton Avenue, P.O. Box 844, Ames, IA 50010; phone (515) 337-6100, fax (515) 337-6120.

    SUPPLEMENTARY INFORMATION:

    Under the Virus-Serum-Toxin Act (21 U.S.C. 151 et seq.), the Animal and Plant Health Inspection Service (APHIS) is authorized to promulgate regulations designed to ensure that veterinary biological products are pure, safe, potent, and efficacious before a veterinary biological product license may be issued. Veterinary biological products include viruses, serums, toxins, and analogous products of natural or synthetic origin, such as vaccines, antitoxins, or the immunizing components of microorganisms intended for the diagnosis, treatment, or prevention of diseases in domestic animals.

    APHIS issues licenses to qualified establishments that produce veterinary biological products and issues permits to importers of such products. APHIS also enforces requirements concerning production, packaging, labeling, and shipping of these products and sets standards for the testing of these products. Regulations concerning veterinary biological products are contained in 9 CFR parts 101 to 124.

    A field test is generally necessary to satisfy prelicensing requirements for veterinary biological products. Prior to conducting a field test on an unlicensed product, an applicant must obtain approval from the Animal and Plant Health Inspection Service (APHIS), as well as obtain APHIS' authorization to ship the product for field testing.

    To determine whether to authorize shipment and grant approval for the field testing of the unlicensed product referenced in this notice, APHIS considers the potential effects of this product on the safety of animals, public health, and the environment. Based upon a risk analysis and other relevant data, APHIS has prepared an environmental assessment (EA) concerning the field testing of the following unlicensed veterinary biological product:

    Requester: Antelope Valley Bios, Inc.

    Product: Swine Influenza Vaccine, DNA.

    Possible Field Test Locations: Minnesota, North Carolina, and Oklahoma.

    The above-mentioned product is a DNA vaccine containing a hemagglutinin gene from swine influenza virus, subtype H3. The vaccine is intended for use in healthy swine 3 weeks of age or older, administered by intramuscular inoculation, as an aid in the prevention of disease due to swine influenza virus, subtype H3.

    The EA has been prepared in accordance with: (1) The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR part 372).

    We are publishing this notice to inform the public that we will accept written comments regarding the EA from interested or affected persons for a period of 30 days from the date of this notice. Unless substantial issues with adverse environmental impacts are raised in response to this notice, APHIS intends to issue a finding of no significant impact (FONSI) based on the EA and authorize shipment of the above product for the initiation of field tests following the close of the comment period for this notice.

    Because the issues raised by field testing and by issuance of a license are identical, APHIS has concluded that the EA that is generated for field testing would also be applicable to the proposed licensing action. Provided that the field test data support the conclusions of the original EA and the issuance of a FONSI, APHIS does not intend to issue a separate EA and FONSI to support the issuance of the associated product license, and would determine that an environmental impact statement need not be prepared. APHIS intends to issue a veterinary biological product license for this vaccine following satisfactory completion of the field test provided no adverse impacts on the human environment are identified and provided the product meets all other requirements for licensing.

    Authority:

    21 U.S.C. 151-159.

    Done in Washington, DC, this 3rd day of October 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2018-21926 Filed 10-9-18; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2018-0033] Oral Rabies Vaccine Trial; Availability of a Supplement to an Environmental Assessment and Finding of No Significant Impact AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    We are advising the public that the Animal and Plant Health Inspection Service has prepared a supplement to an environmental assessment and finding of no significant impact relative to an oral rabies vaccination field trial in New Hampshire, New York, Ohio, Vermont, and West Virginia. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Richard Chipman, Rabies Program Coordinator, Wildlife Services, APHIS, 59 Chennell Drive, Suite 7, Concord, NH 03301; (603) 223-9623. To obtain copies of the supplement to the environmental assessment and the finding of no significant impact, contact Ms. Beth Kabert, Environmental Coordinator, Wildlife Services, 140-C Locust Grove Road, Pittstown, NJ 08867; (908) 735-5654, fax (908) 735-0821, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Wildlife Services (WS) program in the Animal and Plant Health Inspection Service (APHIS) cooperates with Federal agencies, State and local governments, and private individuals to research and implement the best methods of managing conflicts between wildlife and human health and safety, agriculture, property, and natural resources. Wildlife-borne diseases that can affect domestic animals and humans are among the types of conflicts that APHIS-WS addresses. Wildlife is the dominant reservoir of rabies in the United States.

    On July 3, 2018, we published in the Federal Register (83 FR 31117-31118, Docket No. APHIS-2018-0033) a notice 1 in which we announced the availability, for public review and comment, of a supplement to an environmental assessment (EA) that examined the potential environmental impacts associated with the proposed field trial to test the safety and efficacy of an experimental oral rabies vaccine (ORV) for wildlife in New Hampshire, New York, Ohio, Vermont, and West Virginia. In addition, the supplement analyzed the potential impacts of expanding the geographic range of the field trial zone to two additional counties in Ohio and four additional counties in West Virginia.

    1 To view the notice, the EA, and the FONSI, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0033.

    We solicited comments on the EA for 30 days ending August 2, 2018. We did not receive any comments.

    In this document, we are advising the public of our finding of no significant impact (FONSI) relative to the ORV field trial in New Hampshire, New York, Ohio, Vermont, and West Virginia. The finding, which is based on the EA and the 2013, 2015, and 2017 supplements to the EA, reflects our determination that the distribution of this experimental wildlife rabies vaccine will not have a significant impact on the quality of the human environment.

    The 2018 supplement to the EA and the FONSI may be viewed on the APHIS website at http://www.aphis.usda.gov/wildlifedamage/nepa and on the Regulations.gov website (see footnote 1). Copies of the 2018 supplement to the EA and the FONSI are also available for public inspection at USDA, Room 1141, South Building, 14th Street and Independence Avenue SW, Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on (202) 799-7039 to facilitate entry into the reading room. In addition, copies may be obtained as described under FOR FURTHER INFORMATION CONTACT.

    The 2018 supplement to the EA and the FONSI have been prepared in accordance with: (1) The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.); (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508); (3) USDA regulations implementing NEPA (7 CFR part 1b); and (4) APHIS' NEPA Implementing Procedures (7 CFR part 372).

    Done in Washington, DC, this 3rd day of October 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2018-21924 Filed 10-9-18; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance AGENCY:

    Economic Development Administration, U.S. Department of Commerce.

    ACTION:

    Notice and opportunity for public comment.

    SUMMARY:

    The Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of the firms contributed importantly to the total or partial separation of the firms' workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.

    SUPPLEMENTARY INFORMATION:

    List of Petitions Received by EDA for Certification of Eligibility To Apply for Trade Adjustment Assistance [9/18/2018 through 10/1/2018] Firm name Firm address Date
  • accepted for
  • investigation
  • Product(s)
    Belta-4 Manufacturing, LLC 4300 Garland Drive, Haltom City, TX 76117 9/19/2018 The firm manufactures metal parts and assemblies, including seat racks, manifolds, short rods with threads, base plates, and sleeves. Tempel Steel Company, Inc 5500 North Wolcott Avenue, Chicago, IL 60640 9/21/2018 The firm manufactures flat-rolled silicon electrical steel for the automotive, motor, generator, transformer, and lighting industries. US Felt Company, Inc 61 Industrial Avenue, Sanford, ME 04073 9/21/2018 The firm manufactures non-woven fabrics, felt, and composite materials. Garage Graphics & Visuals, Inc.
  •  d/b/a Elemoose
  • 2503 North Neergard Avenue, Springfield, MO 65803 9/24/2018 The firm manufactures custom signs, exhibits, sculptures, stage sets, and architectural elements.
    Environmental Advisors and Engineers, Inc 19211 West 64th Terrace, Shawnee, KS 66218 9/25/2018 The firm provides consulting services, including engineering and construction monitoring services.

    Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended.

    Please follow the requirements set forth in EDA's regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms.

    Irette Patterson, Program Analyst.
    [FR Doc. 2018-21929 Filed 10-9-18; 8:45 am] BILLING CODE 3510-WH-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-34-2018] Foreign-Trade Zone (FTZ) 230—Greensboro, North Carolina, Authorization of Production Activity, Patheon Softgels (Pharmaceutical Products), High Point, North Carolina

    On May 31, 2018, The Piedmont Triad Partnership, grantee of FTZ 230, submitted a notification of proposed production activity to the FTZ Board on behalf of Patheon Softgels, within Subzone 230C, in High Point, North Carolina.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (83 FR 26947, June 11, 2018). On September 28, 2018, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.

    Dated: October 1, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-21981 Filed 10-9-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-533-843] Certain Lined Paper Products From India: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that sales of certain lined paper products were not made at less than normal value during the September 1, 2016, through August 31, 2017, period of review (POR). We invite interested parties to comment on these preliminary results.

    DATES:

    Applicable October 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Cindy Robinson or Joy Zhang, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC 20230; telephone (202) 482-3797 or (202) 482-1168, respectively.

    Background

    On September 28, 2006, Commerce published the CLPP from India Order in the Federal Register.1 On November 13, 2017, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an administrative review of the antidumping duty order on certain lined paper products from India.2 On January 23, 2018, Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018.3 On May 10, 2018, we extended the deadline for the preliminary results to October 3, 2018.4

    1See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People's Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People's Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006) (CLPP from India Order).

    2See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017) (Initiation Notice).

    3See memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days.

    4See Memorandum, “Certain Lined Paper Products from India: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review; 2016-2017,” dated May 10, 2018.

    Commerce initiated this administrative review covering the following twelve companies: Goldenpalm Manufacturers PVT Limited (Goldenpalm), Kokuyo Riddhi Paper Products Pvt. Ltd. (Kokuyo), Lodha Offset Limited (Lodha), Lotus Global Private Limited (Lotus Global), Magic International Pvt. Ltd. (Magic), Marisa International (Marisa), Navneet Education Ltd. (Navneet), Pioneer Stationery Pvt. Ltd. (Pioneer), PP Bafna Ventures Private Limited (PP Bafna), SAB International, SGM Paper Products, and Super Impex.5 On August 16, 2018, we rescinded the administrative review with respect to Goldenpalm, Super Impex, SAB International, Lotus Global, and PP Bafna.6 This review covers two mandatory respondents, Navneet and Kokuyo. The following five companies were not selected for individual examination and remain subject to this administrative review: Lodha, Magic International Pvt. Ltd., Marisa, Pioneer Stationery Pvt. Ltd., and SGM Paper Products.

    5See Initiation Notice, 82 FR at 52269.

    6See Certain Lined Paper Products from India: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2016-2017, 83 FR 40750 (August 16, 2018).

    Scope of the Order

    The merchandise covered by the CLPP from India Order is certain lined paper products. The merchandise subject to this order is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. A full description of the scope of the CLPP from India Order is contained in the Preliminary Decision Memorandum.7

    7 See the “Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Lined Paper Products from India; 2016-2017,” dated concurrently and hereby adopted by this notice (Preliminary Decision Memorandum).

    Preliminary Determination of No Shipments

    On December 11 and 18, 2017, in their respective responses to Commerce's quantity and value questionnaire, Lodha and Marisa reported that they had no exports or sales of subject merchandise into the United States during the POR. To confirm Lodha's and Marisa's no-shipment claims, Commerce issued a no-shipment inquiry to U.S. Customs and Border Protection (CBP) requesting that it review Lodha's and Marisa's no-shipment claims. CBP did not report that it had any information to contradict these claims of no shipments during the POR.

    Given that Lodha and Marisa reported that they made no shipments of subject merchandise to the United States during the POR, and there is no information calling their claims into question, we preliminarily determine that Lodha and Marisa made no shipments of subject merchandise during the POR. Consistent with Commerce's practice, we will not rescind the review with respect to Lodha and Marisa but, rather, will complete the review and issue instructions to CBP based on the final results.8

    8See, e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).

    Methodology

    Commerce is conducting this review in accordance with section 751(a)(2) of the the Act. Export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary results, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records Unit, Room B-8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Preliminary Results of the Review

    As a result of this review, we preliminarily calculated a dumping margin of 0.33 percent (de minimis) for Navneet and zero percent for Kokuyo. We are applying to the non-selected companies the rates calculated for the mandatory respondents in these preliminary results, as referenced below.9

    9See Albemarle Corp. & Subsidiaries v. United States, 821 F.3d 1345 (Fed. Cir. 2016) (Albemarle).

    Producer/exporter Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Kokuyo Riddhi Paper Products Pvt. Ltd 0.00 Navneet Education Ltd 0.33
  • (de minimis)
  • Magic International Pvt. Ltd. 0.00 Pioneer Stationery Pvt. Ltd. 0.00 SGM Paper Products 0.00
    Assessment Rate

    Upon issuance of the final results, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. If the weighted-average dumping margin for Kokuyo or Navneet is not zero or de minimis (i.e., less than 0.5 percent), we will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).10 If the weighted-average dumping margin for Kokuyo or Navneet is zero or de minimis in the final results, or an importer-specific assessment rate is zero or de minimis in the final results, we will instruct CBP not to assess antidumping duties on any of their entries in accordance with the Final Modification for Reviews. 11

    10 In these preliminary results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). (Final Modification for Reviews).

    11Id. at 8102.

    In accordance with Commerce's assessment practice, for entries of subject merchandise during the POR produced by each respondent for which it did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.

    We intend to issue instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for respondents noted above will be the rates established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 3.91 percent, the all-others rate established in the investigation as modified by the section 129 determination.12 These cash deposit requirements, when imposed, shall remain in effect until further notice.

    12See Implementation of the Findings of the WTO Panel in US—Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).

    Disclosure

    We intend to disclose the calculations performed in these preliminary results to parties in this proceeding within five days of the date of publication of this notice.13

    13See 19 CFR 351.224(b).

    Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.14 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.15 All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the established deadline.

    14See 19 CFR 351.309(d).

    15See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    We intend to issue the final results of this administrative review, including the results of our analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act.

    Notification to Importers

    This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and increase the subsequent assessment of the antidumping duties.

    Notification to Interested Parties

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).

    Dated: October 3, 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 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Discussion of Methodology A. Comparisons to Normal Value 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Date of Sale D. Export Price E. Normal Value 1. Home Market Viability 2. Cost of Production Analysis a. Calculation of COP b. Test of Comparison Market Prices and COP c. Results of COP Test F. Level of Trade G. Calculation of Normal Value Based on Comparison Market Prices H. Margin for Companies Not Selected for Individual Examination I. Currency Conversions VI. Recommendation
    [FR Doc. 2018-21850 Filed 10-9-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-201-847] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that sales of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from Mexico have been made below normal value. Additionally, Commerce preliminarily determines that a company for which we initiated a review had no shipments during the period of review (POR). We invite interested parties to comment on these preliminary results.

    DATES:

    Applicable October 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Blaine Wiltse or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-3693, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    Commerce is conducting an administrative review of the antidumping duty order on HWR pipes and tubes from Mexico. The notice of initiation of this administrative review was published on November 13, 2017.1 This review covers 11 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados d Monterrey S.A. de C.V. (Prolamsa). The POR is March 1, 2016, through August 31, 2017.

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017).

    In May 2018, Commerce extended the preliminary results of this review to no later than October 3, 2018.2

    2See Memorandum, “Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated May 10, 2018. In this memorandum, we noted that Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. See Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018. As a result, the revised deadline for the preliminary results became October 3, 2018.

    Scope of the Order

    The merchandise subject to the order is certain heavy walled rectangular welded steel pipes and tubes of rectangular (including square) cross section, having a nominal wall thickness of not less than 4 mm.3 The merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A-500, grade B specifications, or comparable domestic or foreign specifications. Included products are those in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements below exceeds the quantity, by weight, respectively indicated:

    3 For a complete description of the scope of the Order, see Memorandum, “Decision Memorandum for the Preliminary Results of the 2016-2017 Administrative Review of the Antidumping Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    • 2.50 percent of manganese, or

    • 3.30 percent of silicon, or

    • 1.50 percent of copper, or

    • 1.50 percent of aluminum, or

    • 1.25 percent of chromium, or

    • 0.30 percent of cobalt, or

    • 0.40 percent of lead, or

    • 2.0 percent of nickel, or

    • 0.30 percent of tungsten, or

    • 0.80 percent of molybdenum, or

    • 0.10 percent of niobium (also called columbium), or

    • 0.30 percent of vanadium, or

    • 0.30 percent of zirconium.

    The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item number 7306.61.1000. Subject merchandise may also be classified under 7306.61.3000. Although the HTSUS numbers and ASTM specification are provided for convenience and for customs purposes, the written product description remains dispositive.

    Methodology

    Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act.

    For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Preliminary Determination of No Shipments

    One of the companies under review, Tuberia Nacional S.A. de C.V. (TUNA), properly filed a statement reporting that it made no shipments of subject merchandise to the United States during the POR. Based on the certification submitted by TUNA and our analysis of U.S. Customs and Border Protection (CBP) information, we preliminarily determine that TUNA had no shipments during the POR.4 Commerce finds that it is not appropriate to preliminarily rescind the review with respect to this company, but rather, to complete the review with respect to it and issue appropriate instructions to CBP based on the final results of this review.

    4See TUNA's Letter re: Heavy Walled Rectangular Welded Carbon Pipes and Tubes from Mexico: Notice of No Sales, dated November 15, 2017. See also Memorandum, “Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico,” dated September 27, 2018.

    Preliminary Results of the Review

    As a result of this review, we preliminarily determine that weighted-average dumping margins exist for the respondents for the period March 1, 2016, through August 31, 2017, as follows:

    Exporter/producer Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Maquilacero S.A. de C.V 0.00 Productos Laminados d Monterrey S.A. de C.V 6.34

    Review-Specific Average Rate Applicable to the Following Companies: 5

    5 This rate is based on the rates for the respondents that were selected for individual review, excluding rates that are zero, de minimis or based entirely on facts available. See section 735(c)(5)(A) of the Act.

    Exporter/producer Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Arco Metal S.A. de C.V 6.34 Forza Steel S.A. de C.V 6.34 Industrias Monterrey, S.A. de C.V 6.34 Perfiles y Herrajes LM S.A. de C.V 6.34 PYTCO S.A. de C.V 6.34 Regiomontana de Perfiles y Tubos S.A. de C.V 6.34 Ternium S.A. de C.V 6.34 Tuberia Nacional S.A. de C.V * Tuberia Procarsa S.A. de C.V 6.34 * No shipments or sales subject to this review.
    Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice. 6 Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.7 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.8 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.9 Case and rebuttal briefs should be filed using ACCESS.10

    6See 19 CFR 351.224(b).

    7See 19 CFR 351.309(c).

    8See 19 CFR 351.309(d).

    9See 19 CFR 351.309(c)(2) and (d)(2).

    10See 19 CFR 351.303.

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.11 Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.12

    11See 19 CFR 351.310(c).

    12See 19 CFR 351.310(d).

    Commerce intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later than 120 days after the publication date of this notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise extended.13

    13See Section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries.

    Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa reported the entered value for their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the respondents did not report entered value, we calculated the entered value in order to calculate the assessment rate. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. We intend to instruct CBP to take into account the “provisional measures deposit cap,” in accordance with 19 CFR 351.212(d).

    For the companies which were not selected for individual review, we will assign an assessment rate based on the average 14 of the cash deposit rates calculated for Maquilacero and Prolamsa, excluding any which are de minimis or determined entirely on adverse facts available. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.

    14 This rate will be calculated as discussed in footnote 4, above.

    Commerce's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know that the merchandise they sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.15

    15 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

    We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the exporters listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.91 percent, the all-others rate made effective by the LTFV investigation.16 These deposit requirements, when imposed, shall remain in effect until further notice.

    16See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, Mexico, and the Republic of Turkey: Antidumping Duty Orders, 81 FR 62865, 62867 (September 13, 2016).

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: October 3, 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 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology a. Determination of the Comparison Method b. Results of the Differential Pricing Analysis c. Product Comparisons d. Export Price/Constructed Export Price e. Normal Value i. Home Market Viability ii. Affiliated-Party Transactions and Arm's-Length Test iii. Level of Trade iv. Cost of Production Analysis 1. Cost Averaging Methodology 2. Calculation of COP 3. Test of Comparison Market Sales Prices 4. Results of the COP Test v. Calculation of Normal Value Based on Comparison Market Prices vi. Calculation of Normal Value Based on Constructed Value V. Currency Conversion VI. Recommendation
    [FR Doc. 2018-21985 Filed 10-9-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-953] Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies have been provided to producers and exporters of narrow woven ribbons with woven selvedge from the People's Republic of China (China). The period of review (POR) is January 1, 2016, through December 31, 2016. Interested parties are invited to comment on these preliminary results.

    DATES:

    Applicable October 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Terre Keaton Stefanova or Maria Tatarska, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1280 or (202) 482-1562.

    SUPPLEMENTARY INFORMATION: Background

    Commerce published the notice of initiation of this administrative review on November 13, 2017.1 On April 30, 2018, Commerce postponed the preliminary results of this administrative review and the revised deadline is now October 3, 2018.2 For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.3

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017).

    2See Memorandum, “Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China: Extension of Deadline for Preliminary Results of 2016 Countervailing Duty Administrative Review,” dated April 30, 2018. In this memorandum, we noted that Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. See Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018. As a result, the revised deadline for the preliminary results became October 3, 2018.

    3See Memorandum, “Decision Memorandum for the Preliminary Results of 2016 Countervailing Duty Administrative Review: Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Order

    The products covered by the order are narrow woven ribbons with woven selvedge from China. For a complete description of the scope of this administrative review, see the Preliminary Decision Memorandum.4

    4Id.

    Methodology

    Commerce is conducting this countervailing duty (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, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific.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 The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content.

    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 at the Appendix to this notice.

    Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the following estimated countervailable subsidy rate exists:

    Company Subsidy rate Yama Ribbons and Bows Co., Ltd 23.70 percent. Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue assessment instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount indicated above. For all non-reviewed firms, we will instruct CBP to collect cash deposits of estimated countervailing duties 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.

    Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations and analysis performed in connection with this preliminary results within five days of publication of this notice in the Federal Register.7 Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after publication of the preliminary results.8 Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline for filing case briefs.9 Parties who submit case briefs or rebuttal briefs in this administrative review are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.10

    7See 19 CFR 351.224(b).

    8See 19 CFR 351.309(c)(l)(ii).

    9See 19 CFR 351.309(d).

    10See 19 CFR 351.309(c)(2) and (d)(2).

    Interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, 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.11 Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, 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 date to be determined.12 Parties should confirm by telephone the date, time, and location of the hearing.

    11See 19 CFR 351.310(c).

    12See 19 CFR 351.310.

    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.

    Notification to Interested Parties

    These preliminary results are issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: October 2, 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—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Application of the Countervailing Duty Law to Imports from China V. Diversification of China's Economy VI. Use of Facts Otherwise Available and Adverse Inferences VII. Subsidies Valuation VIII. Interest Rate Benchmarks, Discount Rates, Input and Electricity IX. Analysis of Programs X. Conclusion
    [FR Doc. 2018-21987 Filed 10-9-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-580-880] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that sales of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Korea (Korea) have been made below normal value. Additionally, Commerce preliminarily determines that a company for which we initiated a review had no shipments during the period of review (POR). We invite interested parties to comment on these preliminary results.

    DATES:

    Applicable October 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Alice Maldonado or Whitley Herndon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202) 482-6274, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    Commerce is conducting an administrative review of the antidumping duty order on HWR pipes and tubes from Korea. The notice of initiation of this administrative review was published on November 13, 2017.1 This review covers 14 producers and exporters of the subject merchandise. The period of review is March 1, 2016 through August 31, 2017. Commerce selected two mandatory respondents for individual examination: Dong-A Steel Company (DOSCO) and HiSteel Co., Ltd (HiSteel). In May 2018, Commerce extended the preliminary results of this review to no later than October 3, 2018.2

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017).

    2See Memorandum, “Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated May 10, 2018. In this memorandum, we noted that Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. See Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018. As a result, the revised deadline for the preliminary results became October 3, 2018.

    Scope of the Order

    The merchandise subject to the order is certain heavy walled rectangular welded steel pipes and tubes of rectangular (including square) cross section, having a nominal wall thickness of not less than 4 mm.3 The merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A-500, grade B specifications, or comparable domestic or foreign specifications. Included products are those in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements below exceeds the quantity, by weight, respectively indicated:

    3 For a complete description of the scope of the Order, see Memorandum, “Decision Memorandum for the Preliminary Results of the 2016-2017 Administrative Review of the Antidumping Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Korea,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    • 2.50 percent of manganese, or

    • 3.30 percent of silicon, or

    • 1.50 percent of copper, or

    • 1.50 percent of aluminum, or

    • 1.25 percent of chromium, or

    • 0.30 percent of cobalt, or

    • 0.40 percent of lead, or

    • 2.0 percent of nickel, or

    • 0.30 percent of tungsten, or

    • 0.80 percent of molybdenum, or

    • 0.10 percent of niobium (also called columbium), or

    • 0.30 percent of vanadium, or

    • 0.30 percent of zirconium.

    The product is currently classified under following Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7306.61.1000. Subject merchandise may also be classified under 7306.61.3000. Although the HTSUS numbers and ASTM specification are provided for convenience and for customs purposes, the written product description remains dispositive.

    Methodology

    Commerce is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act.

    For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Preliminary Determination of No Shipments

    Among the companies under review, one company, SeAH Steel Corporation (SeAH), properly filed a statement reporting that it made no shipments of subject merchandise to the United States during the POR. Based on the certification submitted by SeAH and our analysis of U.S. Customs and Border Protection (CBP) information, we preliminarily determine that SeAH had no shipments during the POR.4 Consistent with its practice, Commerce finds that it is not appropriate to preliminarily rescind the review with respect to this company but, rather, to complete the review with respect to it and issue appropriate instructions to CBP based on the final results of this review.

    4See SeAH's Letter re: Administrative Review of the Antidumping Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea for the 2016-17 Review Period—No Shipments Letter, dated December 13, 2017.

    Preliminary Results of the Review

    As a result of this review, we preliminarily determine that weighted-average dumping margins exist for the respondents for the period March 1, 2016, through August 31, 2017, as follows:

    Exporter/producer Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Dong-A Steel Company 30.61 HiSteel Co., Ltd 5.64

    Review-Specific Average Rate Applicable to the Following Companies: 5

    5 This rate is based on the rates for the respondents that were selected for individual review, excluding rates that are zero, de minimis or based entirely on facts available. See section 735(c)(5)(A) of the Act.

    Exporter/Producer Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Ahshin Pipe & Tube Company 18.86 Bookook Steel Co., Ltd 18.86 Dongbu Steel Co., Ltd 18.86 Husteel Co., Ltd 18.86 Hyundai Steel Pipe Company 18.86 Hyundai Steel Co 18.86 Miju Steel Manufacturing Co., Ltd 18.86 NEXTEEL Co., Ltd 18.86 Sam Kang Industries Co., Ltd 18.86 SeAH Steel Corporation * Kukje Steel Co., Ltd 18.86 Yujin Steel Industry Co. Ltd 18.86 * No shipments or sales subject to this review.
    Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.6 Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.7 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.8 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.9 Case and rebuttal briefs should be filed using ACCESS.10

    6See 19 CFR 351.224(b).

    7See 19 CFR 351.309(c).

    8See 19 CFR 351.309(d).

    9See 19 CFR 351.309(c)(2) and (d)(2).

    10See 19 CFR 351.303.

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.11 Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.12

    11See 19 CFR 351.310(c).

    12See 19 CFR 351.310(d).

    Commerce intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later than 120 days after the publication date of this notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise extended.13

    13See Section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries.

    Pursuant to 19 CFR 351.212(b)(1), where DOSCO and HiSteel reported the entered value of their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the respondents did not report entered value, we calculated the entered value in order to calculate the assessment rate. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. We intend to instruct CBP to take into account the “provisional measures deposit cap,” in accordance with 19 CFR 351.212(d).

    For the companies which were not selected for individual review, we will assign an assessment rate based on the average 14 of the cash deposit rates calculated for DOSCO and HiSteel, excluding any which are de minimis or determined entirely based on adverse facts available. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.

    14 This rate was calculated as discussed in footnote 4, above.

    Commerce's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know that the merchandise they sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.15

    15 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

    We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the exporters listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.24 percent, the all-others rate made effective by the LTFV investigation.16 These deposit requirements, when imposed, shall remain in effect until further notice.

    16See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, Mexico, and the Republic of Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13, 2016).

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: October 3, 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—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Companies Not Selected for Individual Examination V. Discussion of the Methodology a. Date of Sale b. Determination of Comparison Method c. Results of Differential Pricing Analysis d. Product Comparisons e. Export Price/Constructed Export Price f. Normal Value i. Particular Market Situation ii. Home Market Viability and Comparison Market iii. Level of Trade iv. Affiliated-Party Transactions and Arm's-Length Test v. Cost of Production Analysis 1. Cost Averaging Methodology a. Significant of Cost Changes b. Linkage Between Sales and Cost Information 2. Calculation of COP 3. Test of Comparison Market Sales Prices 4. Results of the COP Test vi. Calculation of Normal Value Based on Comparison Market Prices vii. Calculation of Normal Value Based on Constructed Value VI. Currency Conversion VII. Recommendation
    [FR Doc. 2018-21980 Filed 10-9-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-565-801] Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Final Results of Changed Circumstances Review AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) finds that Enlin Steel Corporation (Enlin), Vinox Corporation (aka Vinoc Corporation) (Vinox) and E N Corporation should be treated as a single entity for purposes of cash deposit and liquidation rates.

    DATES:

    Applicable October 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Julie Geiger or Fred Baker, 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) 482-2057 or (202) 482-2924, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On February 23, 2001, Commerce published the antidumping duty (AD) order on stainless steel butt-weld pipe fittings (pipe fittings) from the Philippines.1 On May 24, 2018, Core Pipe Products, Inc., Shaw Alloy Piping Products, Inc., and Taylor Forge Stainless, Inc. (collectively, the petitioners) requested that Commerce conduct a CCR pursuant to 751(b) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b).2

    1See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 (February 23, 2001) (the Order).

    2See Petitioners' Letter, “Stainless Steel Butt-Weld Pipe Fittings from the Philippines—Petitioners' Request for Initiation of Changed Circumstances Review,” dated May 24, 2018 (Review Request).

    The petitioners alleged in their request that Enlin had been shipping subject merchandise to the United States at the “all-others” antidumping duty cash deposit rate in effect for Enlin's affiliates Vinox and E N Corporation, rather than at the company-specific rate of 33.81 percent established for Enlin in the less-than-fair-value (LTFV) investigation. The petitioners also alleged that Vinox and E N Corporation were, and are currently, the same business entity as Enlin. The petitioners, therefore, requested that Commerce conduct a CCR to determine that Enlin, Vinox, and E N Corporation are affiliated companies that should be treated as a single entity. They also requested that Commerce notify U.S. Customs and Border Protection (CBP) that it should impose and collect antidumping duty deposits on all unliquidated entries made by Vinox and E N Corporation at Enlin's 33.81 percent rate. The petitioners submitted a supplement to their request on May 31, 2018.3 Enlin filed a letter objecting to the petitioners' request for a CCR on June 26, 2018.4 The petitioners filed a response to Enlin's letter on June 26, 2018.5 On July 5, 2018, we extended the deadline for initiating the CCR,6 and published the initiation of this CCR on August 14, 2018.7

    3See Petitioners' Letter, “Stainless Steel Butt-Weld Pipe Fittings from the Philippines—Petitioners' Supplement to Changed Circumstances Review Request,” dated May 31, 2018 (Request Supplement).

    4See Enlin's Letter, dated June 26, 2018.

    5See Petitioners' Letter, “Antidumping Duty Order on Stainless Steel Butt-Weld Pipe Fittings from the Philippines—Petitioners' Rebuttal to Respondents' Opposition to Changed Circumstances Review Request,” dated June 26, 2018.

    6See Commerce's Letter, “Stainless Steel Butt-Weld Pipe Fittings from the Philippines: Extension of Time for Changed Circumstances Review Initiation Decision,” dated July 5, 2018.

    7See Stainless Steel Butt-Weld Pipe Fittings from the Philippines: Initiation of Antidumping Duty Changed Circumstances Review, 83 FR 40227 (August 14, 2018) (Initiation Notice).

    On August 20, 2018, we issued a questionnaire to Enlin, requesting further information about its relationship with Vinox and E N Corporation.8 On September 3, 2018, Enlin filed a response,9 stating that it agreed with the petitioners' requests that: (1) Enlin, Vinox, and E N Corporation should be treated as the same entity pursuant to 19 CFR 351.401(f); and (2) Commerce should instruct CBP to “impose and collect antidumping duty deposits on all unliquidated entries made by Vinox and E N Corp{oration}” of pipe fittings at the 33.81 percent cash deposit rate “previously established for Enlin on their shipments of subject merchandise from the Philippines.” 10 Due to the complexities of this proceeding, we extended the deadline for issuing the final results of this changed circumstances review by an additional eleven days, until October 1, 2018, and later by an additional eight days, until October 9, 2018.11 On September 24, 2018, the petitioners filed a response to Enlin's questionnaire response, urging Commerce to apply the 33.81 percent cash deposit rate retroactively to all unliquidated entries made by Vinox and E N Corporation.12

    8See Commerce's Letter, “Stainless Steel Butt-Weld Pipe Fittings from the Philippines: Antidumping Duty Changed Circumstances Review Questionnaire,” dated August 20, 2018.

    9See Enlin's Letter, “Stainless Steel Butt-Weld Pipe Fittings from the Philippines: Questionnaire Response,” dated September 3, 2018 (Questionnaire Response).

    10See Review Request at 2 and 5; see also Request Supplement at 1, 2, and 4.

    11See Memorandum, “Stainless Steel Butt-Weld Pipe Fittings from the Philippines: Extension of Deadline for Final Results of Antidumping Duty Changed Circumstances Review,” dated September 20, 2018, and Memorandum “Stainless Steel Butt-Weld Pipe Fittings from the Philippines: Extension of Deadline for Final Results of Antidumping Duty Changed Circumstances Review,” dated October 1, 2018.

    12See Petitioners' Letter, “Stainless Steel Butt-Weld Pine Fittings from the Philippines: Petitioners' Response to Enlin's Questionnaire Response,” dated September 24, 2018.

    Scope of the Order

    The products covered by the Order are certain stainless steel butt-weld pipe fittings. Certain stainless steel butt-weld pipe fittings are under 14 inches in outside diameter (based on nominal pipe size), whether finished or unfinished. The products encompass all grades of stainless steel and “commodity” and “specialty” fittings. Specifically excluded from the definition are threaded, grooved, and bolted fittings, and fittings made from any material other than stainless steel.

    The fittings subject to the Order are generally designated under specification ASTM A403/A403M, the standard specification for Wrought Austenitic Stainless Steel Piping Fittings, or its foreign equivalents (e.g., DIN or JIS specifications). This specification covers two general classes of fittings, WP and CR, of wrought austenitic stainless steel fittings of seamless and welded construction covered by the latest revision of ANSI B16.9, ANSI B16.11, and ANSI B16.28. Pipe fittings manufactured to specification ASTM A774, or its foreign equivalents, are also covered by the Order.

    The Order does not apply to cast fittings. Cast austenitic stainless steel pipe fittings are covered by specifications A351/A351M, A743/743M, and A744/A744M.

    The stainless steel butt-weld pipe fittings subject to the Order are currently classifiable under subheading 7307.23.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive.

    Final Results of the Changed Circumstances Review

    Based on evidence on the record,13 and Enlin's assertion that it should be considered a single entity with Vinox and E N Corporation,14 we find that Enlin, Vinox, and E N Corporation are affiliated parties which should be treated as a single entity. While, historically, Commerce has not applied 19 CFR 351.401(f) in the context of CCRs, we find that for purposes of this particular segment of the proceeding, the criteria in the regulation are relevant to ensure that the administration and effect of the underlying Order are not undermined.

    13See Review Request at Attachments 1-7; see also Request Supplement at Attachments 1-4.

    14See Questionnaire Response.

    The petitioners claim that Enlin, Vinox, and E N Corporation are affiliated, pursuant to section 771(33) of the Act and 19 CFR 351.102(b), based on Enlin's direct statement of affiliation with Vinox in its Section A questionnaire response of the initial investigation, evidence of control over Vinox and E N Corporation by the same individuals or family members, similar or identical company addresses, and a common Canadian trademark.15

    15See Review Request; see also Request Supplement.

    Pursuant to 19 CFR 351.401(f), Commerce will collapse affiliated entities when there is: (1) Evidence that the entities have production facilities for similar or identical products that would not require substantial retooling of either facility in order to restructure manufacturing priorities; and (2) a significant potential for the manipulation of price or production, such as through common ownership, overlap of directors and managers, and intertwined operations. There is evidence on the record to support that these criteria have been met.16 Specifically, record evidence demonstrates that: (1) Enlin, Vinox, and E N Corporation are affiliated parties that each produce or have produced the subject merchandise and have shipped it to the same or similar importers in the United States, and (2) there is a “significant potential for the manipulation of price or production,” if we do not collapse the companies due to the level of common direction or control.17

    16Id.

    17Id.

    Accordingly, given the evidence provided by the petitioners,18 along with Enlin's acknowledgement that the three companies should be treated as a single entity and that CBP should collect antidumping duty cash deposits on all unliquidated entries made by Vinox and E N Corporation at the rate assigned to Enlin,19 we find that: (1) There were sufficient changed circumstances in the trading patterns and activities of Enlin, Vinox, and E N Corporation that the petitioners allege resulted in a possible evasion of the Order; (2) Enlin, Vinox, and E N Corporation should be collapsed as a single entity; (3) the collapsed entity is subject to the cash deposit rate assigned to Enlin in the LTFV investigation; 20 and (4) the results of this CCR are applied retroactively from the publication date of the Order. 21

    18Id.

    19See Questionnaire Response, where Enlin stated that it agreed with the petitioners' request (in the Review Request at 2 and 5, and Request Supplement at 1, 2, and 4).

    20See the Order, 66 FR 11257.

    21See, e.g., Large Power Transformers from the Republic of Korea: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 83 FR 45094 (September 5, 2018), and accompanying Issues and Decision Memorandum at 5-6.

    Instructions to U.S. Customs and Border Protection

    As a result of this determination, we find that both Vinox and E N Corporation are subject to the cash deposit rate currently assigned to Enlin (i.e., 33.81 percent).22 Therefore, Commerce will instruct CBP to continue suspension of liquidation and to collect estimated antidumping duties for all unliquidated entries and shipments of subject merchandise produced and exported by Enlin, Vinox, and/or E N Corporation at the cash deposit rate of 33.81 percent currently assigned to Enlin, from the date of the publication of the Order. 23 This cash deposit requirement shall remain in effect until further notice. We will also instruct CBP to liquidate any unliquidated entries and shipments of subject merchandise produced and exported by Vinox and/or E N Corporation made during periods for which Commerce has completed an administrative review or for which no administrative review was requested (i.e., through and including January 31, 2018) at the 33.81 percent rate currently assigned to Enlin.

    22See the Order, 66 FR 11257.

    23Id.

    Notification to Parties

    This notice is the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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.

    Commerce is issuing and publishing these results in accordance with sections 751(b)(1) and (4) and 777(i) of the Act, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i).

    Dated: October 3, 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. 2018-21983 Filed 10-9-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-533-844] Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that Goldenpalm Manufacturers PVT Ltd. (Goldenpalm), a producer/exporter of lined paper products (lined paper) from India, received countervailable subsidies during the period of review (POR) January 1, 2016, through December 31, 2016. We invite interested parties to comment on these preliminary results.

    DATES:

    Applicable October 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    John Conniff, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1009.

    SUPPLEMENTARY INFORMATION: Background

    On September 28, 2006, Commerce issued the countervailing duty (CVD) order on lined paper from India.1 Goldenpalm requested that Commerce conduct an administrative review of the Lined Paper Order with respect to the company, and on November 13, 2017, Commerce published in the Federal Register a notice of initiation of an administrative review of the CVD order for Goldenpalm for the POR.2 On January 23, 2018, Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018.3 On May 31, 2018, Commerce extended the time period for issuing these preliminary results by 120 days, until October 3,2018, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).4

    1See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People's Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People's Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006) (Lined Paper Order).

    2See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017) (Initiation Notice).

    3See memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days.

    4See Memorandum, “Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,” dated May 31, 2018.

    Scope of the Order

    The product covered by the Lined Paper Order is certain lined paper products from India. For a full description of the scope of this order, see the Preliminary Decision Memorandum.5

    5See “Decision Memorandum for Preliminary Results of 2016 Countervailing Duty Administrative Review: Certain Lined Paper Products from India,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    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.6 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. A list of topics included in the Preliminary Decision Memorandum is included as an Appendix to this notice.

    6See 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.

    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 to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content.

    Preliminary Results of Review

    As a result of this review, we preliminarily determine the net countervailable subsidy rate to be:

    Manufacturer/exporter Net subsidy rate Goldenpalm Manufacturers PVT Ltd 188.70 percent ad valorem Public Comment

    Interested parties may submit case briefs within 30 days of publication of this notice.7 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.8 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.9

    7See 19 CFR 351.309(c)(l)(ii).

    8See 19 CFR 351.309(c)(l)(ii) and 351.309(d).

    9See 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.10 Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. 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.11 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.12 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.

    10See 19 CFR 351.310(c).

    11Id.

    12See 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 the subsidy rate in the amount shown above for the producer/exporter 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.

    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 amount shown above for the company 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: October 3, 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 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Application of Adverse Inferences V. Discussion and Analysis of Programs VI. Recommendation
    [FR Doc. 2018-21984 Filed 10-9-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number: 180904815-8815-01] Request for Information Regarding Measurement Science Needs for Water Use Efficiency and Water Quality in Premise Plumbing Systems AGENCY:

    National Institute of Standards and Technology, Department of Commerce.

    ACTION:

    Request for Information (RFI).

    SUMMARY:

    Premise plumbing systems are key to the built environment, given that our ability to live and thrive in buildings is highly dependent on efficient and sustainable access to potable water. The design of premise plumbing systems in the U.S. is based in part on decades-old data embodied in building codes, much of which was developed at the National Institute of Standards and Technology (NIST). However, many important factors affecting these systems have changed considerably in recent years. Per capita water demand has declined, new materials have been introduced into plumbing systems, and there are growing concerns regarding human exposure to opportunistic pathogens in plumbing systems and other water quality issues. New information is needed to ensure that premise plumbing systems are designed, installed, and operated such that the goals of water efficiency, water quality, and energy efficiency are considered in an integrated manner. NIST requests information from the public regarding measurement science needs that must be addressed to inform future code revisions, green building standards, and guidance documents in ways that enable safe, reliable and efficient plumbing systems in buildings. Responses to this RFI will assist NIST in its execution of a project to investigate approaches that can reduce water and energy consumption and reduce or prevent water quality problems by informing improvements in plumbing system design, codes and standards.

    DATES:

    Comments must be received by 5:00 p.m. Eastern time on November 9, 2018. Written comments in response to the RFI should be submitted according to the instructions in the ADDRESSES and SUPPLEMENTARY INFORMATION sections below. Submissions received after that date may not be considered.

    ADDRESSES:

    Responses to this RFI can be submitted by either of the following methods:

    Agency Website: [https://www.nist.gov/el/energy-and-environment-division-73200/rfi-response]. Follow the instructions for sending comments on the agency website.

    Email: [email protected] Include “RFI Response: Regarding Measurement Science Needs for Water Use Efficiency and Water Quality in Premise Plumbing Systems” in the subject line of the message.

    FOR FURTHER INFORMATION CONTACT:

    Dr. David Yashar, Deputy Chief, Energy and Environment Division, Engineering Laboratory, National Institute of Standards and Technology, 100 Bureau Drive, MS 2201, Gaithersburg, MD 20899, 301-975-5868, or by email to [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Premise plumbing systems are key to the built environment, given that our ability to live and thrive in buildings is highly dependent on efficient and sustainable access to potable water. The design of premise plumbing systems in the U.S. is based in part on decades-old data embodied in building codes, much of which was developed at NIST. However, as described below, many important factors affecting these systems have changed considerably in recent years. Per capita water demand has declined and concerns exist regarding human exposure to opportunistic pathogens in plumbing systems and other water quality issues. New technical information is needed to ensure that premise plumbing systems are designed, installed, and operated such that the goals of water efficiency, water quality, and energy efficiency are considered in an integrated manner, based in part on the following considerations:

    • Population growth and concerns over the scarcity of water and the ability to deliver potable water through an aging treatment and distribution infrastructure have led Americans to implement measures that reduced indoor household water use by 22% since the late 1990's.1 As a result, new premise plumbing systems are being designed and installed with water flow rates that are significantly lower than those corresponding to the design data in building codes and other guidance.

    1 Water Research Foundation, Residential End Uses of Water, 2016. http://www.waterrf.org/PublicReportLibrary/4309A.pdf.

    • Many existing plumbing systems are being operated at lower flow rates than those for which they were designed to operate. These low flow rates create situations where water remains in distribution and building plumbing systems for longer periods of time, potentially rendering water treatment practices less effective and leading to conditions that can promote the growth of opportunistic waterborne pathogens.

    • Materials used in piping networks and fixtures have changed, and there is insufficient information about their performance and impacts over time.

    • Water stressed areas are considering on-site reuse for non-potable uses. However, there is some uncertainty regarding design criteria to implement these systems in a healthy and sustainable manner.

    • The distribution and consumption of water inside a building has significant influence on the amount of energy that a building consumes. Efforts to advance energy efficiency may affect how water moves in a building as well as its resulting water quality.

    • The need to use water more efficiently to supply a growing population and economy will not diminish as water shortages, most notably in the western U.S., become more frequent and/or severe. The U.S. Government Accountability Office predicts that water shortages in non-drought conditions will be experienced in 40 of the 50 states by 2024.2

    2 U.S. Government Accountability Office, Freshwater: Supply Concerns Continue, and Uncertainties Complicate Planning, May 22, 2014. http://www.gao.gov/products/GAO-14-430.

    Based on these factors and trends, it is clear that research is needed to advance the state of knowledge that supports the design of new premise plumbing systems and the operation and retrofit of existing systems to conserve water resources, protect public health, and support community resilience.

    The input received through this RFI may be incorporated into a long-term research agenda to develop the codes, standards, and guidance to advance building water use efficiency and water quality which will be accessible to multiple public and private sector organizations. This research agenda will target the following core issues:

    • Updated data and models to support the codes, standards, and guidance necessary for the design of new premise plumbing systems based on the lower water flow rates, the use of new materials, and the increased awareness of opportunistic pathogens and other water quality issues.

    • Information to inform codes, standards, and guidance for the operation and potential retrofit of existing plumbing systems that are subject to lower water flow rates than those for which they were designed and which may be affected by degradation in system materials over time.

    • Codes, standards, and guidance for future plumbing systems based on increasing demands for water efficiency and water quality, employing technologies such as onsite reuse, and different scales of delivery and treatment.

    • Codes, standards, and guidance for human factors related to water use as well as system operation and maintenance.

    For the purposes of this RFI, premise plumbing is defined as all potable and non-potable, piping and appurtenances (e.g., water heaters, chillers) within a property line, and includes reuse, collection system, and onsite storage within a residential or commercial facility. NIST is interested in issues related to the following aspects and features of premise plumbing systems:

    • All premise plumbing systems in residential, commercial and industrial buildings, per the above definition, including but not limited to irrigation systems, fire suppression systems, cooling towers, water features and data centers • Materials used in plumbing systems, their resistance to corrosion, their ability to maintain structural integrity, and their interaction with contaminants and treatment chemicals • System operation and maintenance, and occupant water use • Water quality conditions at point of entry into the building • Data needed for design and operation, including water demand assumptions • Models for designing new systems and evaluating existing systems II. Request for Information

    NIST requests information from the public regarding measurement science needs that must be addressed to inform future code revisions, green building standards, and guidance documents in ways that enable safe, reliable and efficient plumbing systems in buildings. Responses to this RFI will assist NIST in its execution of a project to investigate approaches that can reduce water and energy consumption and reduce or prevent water quality problems by informing improvements in plumbing system design, codes and standards.

    Respondents are encouraged—but are not required—to respond to each question and to present their answers after each question. The following questions cover the major areas about which NIST seeks comment. Respondents may organize their submissions in response to this RFI in any manner, and all responses that comply with the requirements listed in the DATES and ADDRESSES sections of this RFI will be considered.

    Attachments will be accepted in plain text, Microsoft Word, or Adobe PDF formats. Comments sent by any method other than those specified in this notice, to any address or individual other than those specified in this notice, or received after the end of the comment period, may not be considered. Comments containing references, studies, research, and other empirical data that are not widely published should include copies or electronic links of the referenced materials.

    All submissions, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. NIST reserves the right to publish comments publicly, unedited and in their entirety. Sensitive personal information, such as account numbers or Social Security numbers, or names of other individuals, should not be included. Submissions will not be edited to remove any identifying or contact information. Do not submit confidential business information, or otherwise sensitive or protected information. Comments that contain profanity, vulgarity, threats, or other inappropriate language or content will not be considered.

    NIST is interested in receiving information from the stakeholder community to answer the following questions:

    (1) What are the most important issues to design and operate safe, healthy, reliable, and efficient plumbing systems?;

    (2) In the context of the core issues listed above or any other issues identified in this notice, what are the research needs that should be considered in developing this research agenda?;

    (3) Is there any other information respondents want to provide regarding this effort?

    Authority:

    15 U.S.C. 272(b)(10).

    Kevin A. Kimball, Chief of Staff.
    [FR Doc. 2018-21920 Filed 10-9-18; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG525 Fisheries of the Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public Meeting AGENCY:

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

    ACTION:

    Notice of SEDAR 57 Assessment Webinar II for Caribbean spiny lobster.

    SUMMARY:

    The SEDAR 57 stock assessment process for Caribbean spiny lobster will consist of a Data Workshop, a series of data and assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

    DATES:

    The SEDAR 57 Assessment Webinar II will be held October 24, 2018, from 1 p.m. to 3 p.m. Eastern Time.

    ADDRESSES:

    Meeting address: The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie A. Neer at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar.

    SEDAR address: 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Julie A. Neer, SEDAR Coordinator; phone: (843) 571-4366; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a multi-step process including: (1) Data Workshop, (2) a series of assessment webinars, and (3) A Review Workshop. The product of the Data Workshop is a report that compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The assessment webinars produce a report that describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The product of the Review Workshop is an Assessment Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO's; International experts; and staff of Councils, Commissions, and state and federal agencies.

    1. Using datasets and initial assessment analysis recommended from the Data Webinar, panelists will employ assessment models to evaluate stock status, estimate population benchmarks and management criteria, and project future conditions.

    2. Participants will recommend the most appropriate methods and configurations for determining stock status and estimating population parameters.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified 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 intent to take final action to address the emergency.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES) at least 5 business days prior to each workshop.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 4, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-21977 Filed 10-9-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG541 Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting (webinar).

    SUMMARY:

    The Pacific Fishery Management Council's (Council) Ad Hoc Ecosystem Workgroup (EWG) will hold a meeting, which is open to the public.

    DATES:

    The webinar meeting will be held on Thursday, October 25, 2018, from 1:30 p.m. to 5:30 p.m. (Pacific Daylight Time) or until business for the day has been completed.

    ADDRESSES:

    The meeting will be held via webinar. A public listening station is available at the Pacific Council office (address below). To attend the webinar (1) join by visiting this link http://www.gotomeeting.com/online/webinar/join-webinar, (2) enter the Webinar ID: 632-761-819, and (3) enter your name and email address (required). After logging in to the webinar, please (1) dial this TOLL number +1 (415) 655-0052 (not a toll-free number), (2) enter the attendee phone audio access code 911-302-407, and (3) then enter your audio phone pin (shown after joining the webinar). Note: We have disabled Mic/Speakers as an option and require all participants to use a telephone or cell phone to participate. Technical Information and system requirements: PC-based attendees are required to use Windows® 7, Vista, or XP; Mac®-based attendees are required to use Mac OS® X 10.5 or newer; Mobile attendees are required to use iPhone®, iPad®, AndroidTM phone or Android tablet (See https://www.gotomeeting.com/webinar/ipad-iphone-android-webinar-apps). You may send an email to Mr. Kris Kleinschmidt at [email protected] or contact him at 503-820-2280, extension 411 for technical assistance.

    Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Kit Dahl, Pacific Council; telephone: (503) 820-2422.

    SUPPLEMENTARY INFORMATION:

    The EWG will discuss the contents of its report to the Council in response to preliminary recommendations from the Council's Ad Hoc Climate Scenarios Investigation Committee. The EWG will also plan tasks and work product in connection with the Fishery Ecosystem Plan five-year review and the Climate and Communities Initiative.

    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

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt, (503) 820-2411, at least 10 business days prior to the meeting date.

    Dated: October 4, 2018. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-21986 Filed 10-9-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG538 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Wednesday, October 24, 2018 at 9 a.m.

    ADDRESSES:

    The meeting will be held at the Hilton Garden Inn, 100 Boardman Street, Boston, MA 02128; phone: (617) 567-6789.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    Agenda

    The Scallop Committee will review Framework (FW) 30 alternatives and analyses. The primary focus of this meeting will be to provide input on the range of specification alternatives. FW 30 will set specifications including ABC/ACLs, days-at-sea, access area allocations, total allowable catch for the Northern Gulf of Maine (NGOM) management area, targets for General Category incidental catch, and set-asides for the observer and research programs for fishing year 2019 and default specifications for fishing year 2020. Management measures in FW 30 include: Standard default measures. They also plan to review progress toward 2018 work items, make recommendations on 2019 scallop work priorities, and consider approaches for moving priorities forward. Other business may be discussed as necessary.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. 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 Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    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, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 4, 2018. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-21982 Filed 10-9-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Office of the Secretary Defense Policy Board; Notice of Federal Advisory Committee Meeting AGENCY:

    Under Secretary of Defense for Policy, Department of Defense.

    ACTION:

    Notice of federal advisory committee meeting.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Policy Board (DPB) will take place.

    DATES:

    Closed to the Public Tuesday, October 9, 2018 from 8:00 a.m. to 5:45 p.m.

    ADDRESSES:

    The closed meeting will be held at The Pentagon, 2000 Defense Pentagon, Washington, DC 20301-2000.

    FOR FURTHER INFORMATION CONTACT:

    Marcus Bonds, (703) 571-0854 (Voice), 703-697-8606 (Facsimile), [email protected] (Email). Mailing address is 2000 Defense Pentagon, Washington, DC 20301-2000.

    SUPPLEMENTARY INFORMATION:

    Due to circumstances beyond the control of the Department of Defense (DoD) and the Designated Federal Officer, the Defense Policy Board was unable to provide public notification required by 41 CFR 102-3.150(a) concerning the meeting on October 9, 2018 of the Defense Policy Board. Accordingly, the Advisory Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement.

    This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) (5 U.S.C., Appendix), the Government in the Sunshine Act (5 U.S.C. 552b), and 41 CFR 102-3.140 and 102-3.150.

    Purpose of the Meeting: To obtain, review and evaluate classified information related to the DPB's mission to advise on: (a) Issues central to strategic DoD planning; (b) policy implications of U.S. force structure and force modernization and on DoD's ability to execute U.S. defense strategy; (c) U.S. regional defense policies; and (d) other research and analysis of topics raised by the Secretary of Defense, the Deputy Secretary of Defense, or the Under Secretary of Defense for Policy.

    Agenda: On October 9, the DPB will have Secret level or higher discussions on national security issues regarding the Space Force and Innovation and the Industrial Base. Topics and Speakers are (1) Annual Assessment of Threats to Cleared Industry, Stephanie Andrews, Defense Security Service; (2) Deliberation on Subgroup Report on Space; (3) DoD Technical Transfers, Beth M. McCormick, OSD Chair and Senior Advisor to the Commandant, National Defense University; (4) Committee on Foreign Investment in the United States, Thomas Feddo, Deputy Assistant Secretary Department of Treasury; (5) DoD Acquisition and Programs, Eric Chewing, Deputy Assistant Secretary of Defense for Industrial Policy, Under Secretary of Defense for Acquisition and Sustainment; and James A. Faist, Director of Defense Research and Engineering for Advanced Capabilities, Under Secretary of Defense Research and Engineering; (6) Discussion and out brief Secretary of Defense.

    Meeting Accessibility: Pursuant to the Government in the Sunshine Act, the FACA, and the FACA Final Rule (41 CFR 102-3.155), the DoD has determined that this meeting shall be closed to the public. The Under Secretary of Defense (Policy), in consultation with the DoD FACA Attorney, has determined in writing that this meeting be closed to the public because the discussions fall under the purview of Section 552b(c)(1) of the Sunshine Act and are so inextricably intertwined with unclassified material that they cannot reasonably be segregated into separate discussions without disclosing secret or higher classified material.

    Written Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140(c) and section 10(a)(3) of the FACA, the public or interested organizations may submit written statements to the membership of the DPB at any time regarding its mission or in response to the stated agenda of a planned meeting. Written statements should be submitted to the DPB's Designated Federal Officer (DFO); the DFO's contact information is listed in this notice or it can be obtained from the GSA's FACA Database—http://www.facadatabase.gov/. Written statements that do not pertain to a scheduled meeting of the DPB may be submitted at any time. The DFO will review all submitted written statements and provide copies to all members.

    Dated: October 3, 2018. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-21941 Filed 10-9-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Defense Innovation Board; Notice of Federal Advisory Committee Meeting AGENCY:

    Under Secretary of Defense for Research and Engineering, Defense Innovation Board, Department of Defense, DoD.

    ACTION:

    Notice of federal advisory committee meeting.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that the following federal advisory committee meeting of the Defense Innovation Board (DIB) will take place.

    DATES:

    Closed to the public Wednesday, October 10, 2018 from 10:00 a.m. to 12:00 p.m. Open to the public Wednesday, October 10, 2018 from 2:30 p.m. to 5:00 p.m.

    ADDRESSES:

    The closed portion of the meeting will be held at the Pentagon, Arlington, Virginia. The open portion of the meeting will be held at the Johns Hopkins University, School of Advanced International Studies, Kenney Auditorium, 1740 Massachusetts Avenue NW, Washington, DC 20036. The public meeting will be live streamed for those who are unable to physically attend the meeting.

    FOR FURTHER INFORMATION CONTACT:

    Michael L. Gable, (571) 372-0933 (Voice), [email protected] (Email) or [email protected]. Mailing address is Defense Innovation Board, ATTN: Designated Federal Officer, 3030 Defense Pentagon, Room 5E572, Washington, DC 20301-3030. Website: http://innovation.defense.gov. The most up-to-date changes to the meeting agenda can be found on the website.

    SUPPLEMENTARY INFORMATION:

    Due to circumstances beyond the control of the Department of Defense (DoD) and the Designated Federal Officer, the Defense Innovation Board was unable to provide public notification required by 41 CFR 102-3.150(a) concerning the meeting on October 10, 2018 of the Defense Innovation Board. Accordingly, the Advisory Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement. This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) (5 U.S.C., Appendix), the Government in the Sunshine Act (5 U.S.C. 552b) (“the Sunshine Act”), and 41 CFR 102-3.140 and 102-3.150.

    Purpose of the Meeting: The mission of the DIB is to examine and provide the Secretary of Defense and the Deputy Secretary of Defense independent advice and recommendations on innovative means to address future challenges in terms of integrated change to organizational structure and processes, business and functional concepts, and technology applications. The DIB focuses on (a) technology and capabilities, (b) practices and operations, and (c) people and culture.

    Agenda: During the closed portion of the meeting, the Board will discuss the National Defense Strategy with the Secretary of Defense, especially as it relates to artificial intelligence (AI) and software capabilities. The board will also meet with the Chief Information Officer to discuss AI principles and the Joint AI Center (JAIC). During the open portion of the meeting, the DIB will hear expert presentations on AI. Experts include Dr. Heather Roff, Sr. Research Analyst, John Hopkins University Applied Physics Lab, and Dr. Andrew Lohn, Engineer, RAND Corporation. The DIB will deliberate on artificial intelligence principles for defense and data as a strategic asset, as well as receive an update on progress on the Software Acquisition and Practices (SWAP) study directed in the National Defense Authorization Act for Fiscal Year 2018 (“the FY18 NDAA”). The DIB will hear from experts regarding SWAP study activities within DoD. Experts include Mr. Jeff Boleng, Office of the Under Secretary of Defense for Acquisition and Sustainment; Mr. Leo Garciga, Defense Threat Reduction Agency; Dr. Amy Henninger, Office of the Chief Management Officer; Ms. Philomena Zimmerman, Office of the Undersecretary of Defense for Research and Engineering; Ms. Jane Rathbun, Deputy Assistant Secretary of the Navy for Command, Control, Computers, Intelligence, Information Operations and Space; Major Justin Ellsworth, U.S. Air Force, Congressional Research Service. Additionally, Mr. Joshua Marcuse, in his role as the Innovation Advisor to the Chief Management Officer, will brief the DIB on DoD's latest implementation activities related to DIB recommendations. Members of the public will have an opportunity to provide oral comments to the DIB regarding its deliberations and potential recommendations. See below for additional information on how to sign up to provide public comments.

    Meeting Accessibility: Pursuant to 5 U.S.C. 552b(c)(1), the DoD has determined that the portion of the meeting from 10:00 a.m. to 12:00 p.m. shall be closed to the public. The USD(R&E), in consultation with the Office of the DoD General Counsel, has determined in writing that this portion of the DIB's meeting will be closed as the discussions will involve classified matters of national security. Such classified material is so inextricably intertwined with the unclassified material that it cannot reasonably be segregated into separate discussions without disclosing matters that are classified SECRET or higher. Pursuant to Federal statutes and regulations (the FACA, the Sunshine Act, and 41 CFR 102-3.140 through 102-3.165) and the availability of space, the meeting is open to the public from 2:30 p.m. to 5:00 p.m. Seating is on a first-come basis. Members of the public wishing to attend the meeting or wanting to receive a link to the live stream webcast should register on the DIB website, http://innovation.defense.gov, no later than October 9, 2018. Members of the media should RSVP to Lieutenant Colonel Michelle Baldanza, U.S. Army, Office of the Secretary of Defense Public Affairs, at [email protected]

    Special Accommodations: Individuals requiring special accommodations to access the public meeting should contact the Designated Federal Officer (DFO), see For Further Information Contact section for contact information, no later than October 8, 2018, so that appropriate arrangements can be made.

    Written Statements: Pursuant to section 10(a)(3) of the FACA and 41 CFR 102-3.140, the public or interested organizations may submit written comments to the DIB about its approved agenda pertaining to this meeting or at any time regarding the DIB's mission. Individuals submitting a written statement must submit their statement to the DFO (see For Further Information Contact section for contact information). Written comments that do not pertain to a scheduled meeting may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at the planned meeting, then such comments must be received in writing not later than October 9, 2018. The DFO will compile all written submissions and provide them to DIB members for consideration.

    Oral Presentations: Individuals wishing to make an oral statement to the DIB at the public meeting may be permitted to speak for up to two minutes. Anyone wishing to speak to the DIB should submit a request by email at [email protected] not later than October 9, 2018 for planning. Requests for oral comments should include a copy or summary of planned remarks for archival purposes. Individuals may also be permitted to submit a comment request at the public meeting; however, depending on the number of individuals requesting to speak, the schedule may limit participation. Webcast attendees will be provided instructions with the live stream link if they wish to submit comments during the open meeting.

    Dated: October 4, 2018. Shelly E. Finke, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-22023 Filed 10-9-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Navy Meeting of the United States Naval Academy Board of Visitors AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice of partially closed meeting.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the United States Naval Academy Board of Visitors will take place.

    DATES:

    The open session of the meeting will be held on December 3, 2018, from 9:00 a.m. to 11:15 a.m. The executive session held from 11:15 a.m. to 12:00 p.m. will be the closed portion of the meeting.

    ADDRESSES:

    The meeting will be held at the United States Naval Academy in Annapolis, Maryland. The meeting will be handicap accessible.

    FOR FURTHER INFORMATION CONTACT:

    LCDR Lawrence Heyworth IV, USN, 410-293-1500 (Voice), 410-293-2303 (Facsimile), [email protected] (Email). Mailing address is U.S. Naval Academy, 121 Blake Road, Annapolis, MD 21402. Website: https://www.usna.edu/PAO/Superintendent/bov.php. The most up-to-date changes to the meeting agenda can be found on the website.

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.140 and 102-3.150.

    Purpose of the Meeting: The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary, into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy.

    Agenda: 0830-0900—Assemble/Coffee (OPEN to public); 0900—Call to Order (OPEN to public); 0900-1100—Business Session (OPEN to public); 1100-1115—Break (OPEN to public); 1115-1200—Executive Session (CLOSED to public).

    Meeting Accessibility: The meeting will be handicap accessible.

    Authority:

    5 U.S.C. 552b.

    Dated: October 3, 2018. Meredith Steingold Werner, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-21990 Filed 10-9-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF DEFENSE Department of Navy Notice of Intent To Grant an Exclusive License; Aviation Devices and Electronic Components, L.L.C. AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Navy hereby gives notice of its intent to grant to Aviation Devices and Electronic Components, L.L.C., located at 3215 West Loop 820 South, Fort Worth, TX 76116, a revocable, nonassignable, exclusive license throughout all the contracting states of the European Patent Convention (EP), Mexico (MX), Canada (CA), and the Republic of Korea (KR) in all fields of use to practice the Government-Owned invention described in Patent Cooperation Treaty (PCT) Application Number PCT/US17/63346 filed November 28, 2017 entitled “Synergistic Metal Polycarboxylate Corrosion Inhibitors,” Navy Case Number PAX236.

    DATES:

    Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than October 25, 2018.

    ADDRESSES:

    Written objections are to be filed with the Naval Air Warfare Center Aircraft Division, Technology Transfer Office, Attention Michelle Miedzinski, Code 5.0H, 22347 Cedar Point Road, Building 2185, Box 62, Room 2160, Patuxent River, Maryland 20670. File an electronic copy of objection with [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Michelle Miedzinski, 301-342-1133, Naval Air Warfare Center Aircraft Division, 22347 Cedar Point Road, Building 2185, Box 62, Room 2160, Patuxent River, Maryland 20670, [email protected]

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: October 3, 2018. Meredith Steingold Werner, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-21962 Filed 10-9-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF DEFENSE Department of Navy Notice of Intent To Grant Exclusive License; CHEMEON Surface Technology, LLC AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Navy hereby gives notice of its intent to grant to CHEMEON Surface Technology, LLC located at 2241 Park Place, Suite B, Minden, NV 89423, a revocable, nonassignable, exclusive license throughout the Republic of China (CN), Japan (JP), India (IA) and Brazil (BR) in all fields of use to practice the Government-Owned invention described in Patent Cooperation Treaty (PCT) Application Number PCT/US17/63346 filed November 28, 2017 entitled “Synergistic Metal Polycarboxylate Corrosion Inhibitors,” Navy Case Number PAX236.

    DATES:

    Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than October 25, 2018.

    ADDRESSES:

    Written objections are to be filed with the Naval Air Warfare Center Aircraft Division, Technology Transfer Office, Attention Michelle Miedzinski, Code 5.0H, 22347 Cedar Point Road, Building 2185, Box 62, Room 2160, Patuxent River, Maryland 20670. File an electronic copy of objection with [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Michelle Miedzinski, 301-342-1133, Naval Air Warfare Center Aircraft Division, 22347 Cedar Point Road, Building 2185, Box 62, Room 2160, Patuxent River, Maryland 20670, [email protected]

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: October 3, 2018. Meredith Steingold Werner, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-21961 Filed 10-9-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION [Docket ID ED-2018-FSA-0065] Privacy Act of 1974; Matching Program AGENCY:

    Department of Education.

    ACTION:

    Notice of a new matching program.

    SUMMARY:

    This provides notice of the re-establishment of the matching program between the U.S. Department of Education (Department) and the Department of Veterans Affairs (VA), which sets forth the terms, safeguards, and procedures under which the VA will disclose data to the Department regarding Veterans whom VA has designated as (1) having a service-connected disability rating that is 100 percent disabling, or (2) being totally disabled based on an individual unemployability rating.

    DATES:

    Submit your comments on the proposed matching program on or before November 9, 2018.

    The matching program will go into effect 30 days after the publication of this notice, on November 9, 2018, unless comments have been received from interested members of the public requiring modification and republication of the notice. The matching program will continue for 18 months after it becomes effective and may be extended for an additional 12 months, if the respective Data Integrity Boards (DIBs) of the Department and VA determine that the conditions specified in 5 U.S.C. 552a(o)(2)(D) have been met.

    ADDRESSES:

    Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments.

    Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under the “help” tab.

    Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about the matching program, address them to the Project Manager, Federal Student Aid, U.S. Department of Education, 830 First Street NE, Washington, DC 20202-5320.

    Privacy Note:

    The Department's policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available.

    FOR FURTHER INFORMATION CONTACT:

    Pam Eliadis, Service Director, System Operations & Aid Delivery Management, Federal Student Aid, U.S. Department of Education, 830 First Street NE, Washington, DC 20202-5320.

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), you may call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    We provide this notice in accordance with Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a); Office of Management and Budget (OMB) Final Guidance Interpreting the Provisions of Public Law 100-503, the Computer Matching and Privacy Protection Act of 1988, 54 FR 25818 (June 19, 1989); and OMB Circular No. A-108.

    Participating Agencies: The U.S. Department of Education and the U.S Department of Veterans Affairs.

    Authority for Conducting the Matching Program: The Department's legal authority to enter into this matching program is provided in sections 420N(c), 437(a), and 455(a)(1) of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1070g-2(c), 1087(a), and 1087e(a)(1)), and the regulations promulgated pursuant to those HEA sections (34 CFR 682.402(c), 685.213, and 686.42(b)), and subsection (a)(8) of the Privacy Act (5 U.S.C. 552a(a)(8)).

    VA's legal authority to enter into this matching program and to disclose information as part of this matching program is described in subsection (a)(8) of the Privacy Act, 5 U.S.C. 552a(a)(8) and is in accordance with 5 U.S.C. 552a(b)(3).

    Purpose(s): The matching program will assist the Department in its obligation to ensure that borrowers of loans under title IV of the HEA and individuals with Teacher Education Assistance for College and Higher Education (TEACH) Grant service obligations more efficiently and effectively apply for Total and Permanent Disability (TPD) discharge of their loans under title IV of the HEA and TEACH Grant service obligations. The Department will proactively send notices to inform individuals that they may be eligible for a TPD discharge, provided that the VA has designated them as having a service-connected disability rating that is 100 percent disabling, or being totally disabled based on an individual unemployability rating, as described in 38 CFR 3.4(b) and 38 CFR 3.340. Additionally, these individuals are eligible for a TPD discharge only where: (1) They owe a balance on any loans disbursed under the authority of title IV of the HEA, (2) they have had any loans under title IV of the HEA written off due to default, or (3) they are responsible for completing a service obligation in exchange for having received a TEACH Grant under the TEACH Grant Program. The Department's notices also will inform these individuals that the Department will accept VA data matched information in lieu of their submission of a VA Statement with their TPD loan discharge application, thereby making it easier for them to submit a TPD loan discharge application to the Department.

    Categories of Individuals: The VA will disclose to the Department information in VA's records about Veterans who are in receipt of VA disability compensation benefits with a VA determination that they have a 100 percent disabling service-connected disability rating or that they are totally disabled based on an individual unemployability rating.

    The Department will match this information on Veterans with its records on borrowers of loans under title IV of the HEA who owe balances on any loans or have had any loans written off due to default as well as on individuals who are responsible for completing a service obligation in exchange for having received a TEACH Grant under the TEACH Grant Program.

    Categories of Records: The records to be used in the matching program are described as follows: VA will disclose to the Department, on a quarterly basis, the name (first, middle and last), date of birth (DOB), and Social Security number (SSN) of all Veterans who are in receipt of VA disability compensation benefits with a VA determination that they have a 100 percent disabling service-connected disability rating or that they are totally disabled based on an individual unemployability rating, along with the VA disability determination date for each Veteran.

    The Department will match the data elements of name, DOB, and SSN received from VA with the Department's records on borrowers of loans under title IV of the HEA who owe balances on any loans or have had any loans written off due to default, as well as individuals who are responsible for completing a service obligation in exchange for having received a TEACH Grant under the TEACH Grant Program.

    System(s) of Records: VA will use the system of records identified as “BIRLS—VA” (38VA21), first published at 49 FR 38095 (August 26, 1975), routine use 21, as added by 66 FR 30049 (June 4, 2001), which is the published system notice that added routine use 21 to this system of records notice. VA has determined that this system of records contains appropriate routine use disclosure authority and that the use is compatible with the purpose for which the information is collected.

    The Department will match information on these Veterans with records in its system of records entitled “National Student Loan Data System (NSLDS)” (18-11-06), as last published in the Federal Register in full on June 28, 2013 (78 FR 38963) and last updated on April 2, 2014 (79 FR 18534).

    Accessible Format: Individuals with disabilities can obtain this document in an accessible format (such as, braille, large print, audiotape, or compact disc) on request to Lisa Tessitore, Program Operations Specialist, Federal Student Aid, U.S. Department of Education, 830 First Street NE, Washington, DC 20202-5320. Telephone: (202) 377-3249.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: October 4, 2018. James F. Manning, Acting Chief Operating Officer, Federal Student Aid.
    [FR Doc. 2018-22024 Filed 10-9-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY High Energy Physics Advisory Panel AGENCY:

    Office of Science, Department of Energy.

    ACTION:

    Notice of Open Meeting.

    SUMMARY:

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

    DATES:

    Thursday, November 29, 2018, 8:30 a.m. to 6:00 p.m. and Friday, November 30, 2018, 8:30 a.m. to 4:00 p.m.

    ADDRESSES:

    Gaithersburg Marriott Washingtonian Center, 9751 Washingtonian Boulevard, Gaithersburg, Maryland 20878.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

    Tentative Agenda: Agenda will include discussions of the following:

    November 29-30, 2018

    • Discussion of Department of Energy High Energy Physics Program • Discussion of National Science Foundation Elementary Particle Physics Program • Reports on and Discussions of Topics of General Interest in High Energy Physics • Public Comment (10-minute rule)

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

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

    Signed in Washington, DC, on October 3, 2018. LaTanya Butler, Deputy Committee Management Officer.
    [FR Doc. 2018-21905 Filed 10-9-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY [Case Number 2018-005, EERE-2017-BT-WAV-0043] Energy Conservation Program: Extension of Waiver to Apple Inc. From the Department of Energy External Power Supply Test Procedure AGENCY:

    Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Notice of extension of waiver.

    SUMMARY:

    The U.S. Department of Energy (“DOE”) is granting a waiver extension (Case No. 2018-005) to Apple Inc. (“Apple”) to waive certain requirements of the DOE external power supply test procedure for determining the energy efficiency of the Apple brand external power supply basic model A1882. Under this extension, Apple is required to test and rate this basic model in accordance with the applicable DOE test procedure, with the exception that the Nameplate Output Current shall be 2A when testing at the lowest achievable output voltage.

    DATES:

    The Extension of Waiver is applicable as of October 10, 2018. The Extension of Waiver will terminate upon the compliance date of any future amendment to the test procedure for external power supplies located in 10 CFR part 430, subpart B, appendix Z that addresses the issues presented in this waiver. At such time, Apple must use the relevant test procedure for this product for any testing to demonstrate compliance with standards, and any other representations of energy use.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: [email protected]

    Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(g)), DOE gives notice of the issuance of an Extension of Waiver as set forth below. The Extension of Waiver extends the Decision and Order granted to Apple on March 16, 2018 (83 FR 11738; “March 2018 Decision and Order”) to include Apple basic model A1882, as requested by Apple on May 17, 2018.1 Apple must test and rate the specifically identified external power supply basic model in accordance with the alternate test procedure specified in the March 2018 Decision and Order. Apple's representations concerning the energy efficiency of the specified basic model must be based on testing according to the provisions and restrictions in the alternate test procedure set forth in the March 2018 Decision and Order, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same requirements when making representations regarding the energy efficiency of this product. (42 U.S.C. 6293(c)).

    1 Apple's request is available at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043.

    DOE makes decisions on waiver extensions for only those basic models specifically set out in the request, not future models that may be manufactured by the petitioner. Apple may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of EPSs. Alternatively, if appropriate, Apple may request that DOE extend the scope of a waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g).

    Signed in Washington, DC, on October 2, 2018. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Case Number 2018-005 Extension of Waiver I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended (“EPCA”) 1 (42 U.S.C. 6291-6317), among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and industrial equipment. Title III, Part B 2 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include external power supplies (“EPSs”), the focus of this extension. (42 U.S.C. 6291(36); 42 U.S.C. 6295(u)).

    1 All references to EPCA in this document refer to the statute as amended through the EPS Improvement Act of 2017, Public Law 115-115 (January 12, 2018).

    2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A.

    Under EPCA, DOE's energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the authority to require information and reports from manufacturers. (42 U.S.C. 6296).

    The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of those products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the product complies with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)).

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE is required to follow when prescribing or amending test procedures for covered products. EPCA requires that test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect the energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for external power supplies is contained in 10 CFR part 430, subpart B, appendix Z, Uniform Test Method for Measuring the Energy Consumption of External Power Supplies (“appendix Z”).

    Under 10 CFR 430.27, any interested person may submit a petition for waiver from DOE's test procedure requirements. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy or water consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. Id.

    A petitioner may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition. 10 CFR 430.27(g). DOE will publish any such extension in the Federal Register. Id.

    II. Request for an Extension of Waiver: Assertions and Determinations

    DOE issued a Decision and Order in Case Number EPS-001 (March 2018 Decision and Order), granting Apple a waiver to test its Apple brand basic models A1718, A1719, and A1540 using an alternate test procedure. 83 FR 11738 (March 16, 2018). In its petition for waiver, Apple had stated that the specified basic models meet the provisions of the International Electrotechincal Commission's “Universal serial bus interfaces for data and power—Part 1-2: Common components—USB Power Delivery” (“IEC 62680-1-2:2017”) specification. The IEC specification describes the particular architecture, protocols, power supply behavior, connectors, and cabling necessary for managing power delivery over a universal serial bus (“USB”) connection at power levels of up to 100 watts (“W”). The purpose behind this specification is to help provide a standardized approach for power supply and peripheral developers to ensure backward compatibility while retaining product design and marketing flexibility. See generally, IEC 62680-1-2:2017 (Abstract) (describing the standard's general provisions and purpose).

    In Apple's view, applying the DOE test procedure to the adaptive EPS basic models identified in its petitions would yield results that would be unrepresentative of the active-mode efficiency of those products. The DOE test procedure requires that the average active-mode efficiency for adaptive EPSs 3 be measured by testing the unit twice—once at the highest achievable output voltage (“V”) and once at the lowest. The test procedure requires that active-mode efficiency be measured at four loading conditions relative to the nameplate output current of the EPS. See generally 10 CFR 430.23(bb) and Appendix Z. The lowest achievable output voltage supported by the IEC 62680-1-2:2017 specification is 5V and the nameplate current at this voltage output is 3 amps (“A”), resulting in a power output of 15W. Apple contended that while the IEC 62680-1-2:2017 specification requires the tested EPS to support this power output, the 15W at 5V condition will be rarely used and only for brief periods of time. Accordingly, Apple asserted that the DOE test procedure's measurement of efficiency at this power level is unrepresentative of the true energy consumption of the EPSs subject to the initial waiver request.

    3 An adaptive EPS is an EPS that can alter its output voltage during active-mode based on an established digital communication protocol with the end-use application without user-generated action. 10 CFR 430.2.

    Based on the information provided by Apple, DOE determined that the current test procedure at Appendix Z would evaluate the adaptive EPS basic models specified in the March 2018 Decision and Order in a manner so unrepresentative of their true energy consumption characteristics as to provide materially inaccurate comparative data. 83 FR 11739. The March 2018 Decision and Order specifies that Apple test and rate the subject basic models such that the 100% nameplate loading condition when testing at the lowest achievable output voltage is 2A (which corresponds to an output power of 10 watts). 83 FR 11740. The 75%, 50%, and 25% loading conditions shall be scaled accordingly and the nameplate output power of such an EPS, at the lowest output voltage, shall be equal to 10 watts. Id.

    On May 17, 2018, Apple requested to extend the scope of the waiver it received in Case Number 2018-001, to the Apple brand basic model A1882. Apple stated that this basic model employs the same technology as the models covered by the existing waiver.

    DOE has reviewed Apple's waiver extension request and determined that the adaptive EPS basic model identified in Apple's request incorporates the same design characteristics as those basic models covered under Apple's existing waiver such that the test procedure evaluates that basic model in a manner that is unrepresentative of its use when charging a product that is sold or intended to be used with the EPS. DOE also determined that the alternate procedure specified in Case Number EPS-001 will allow for the accurate measurement of the energy use of the basic model identified by Apple in its waiver extension request.

    III. Order

    After careful consideration of all the material submitted by Apple in this matter, it is Ordered that:

    (1) Apple must test and rate the EPS of Apple brand basic model A1882, as of the date of publication of this Extension of Waiver in the Federal Register, as set forth in paragraph (2).

    (2) The alternate test procedure for the basic model listed in paragraph (1) of this section is the test procedure for EPSs prescribed by DOE at 10 CFR part 430, subpart B, appendix Z, except that under section 4(a)(i)(E) and Table 1 of Appendix Z, the adaptive EPSs must be tested such that when testing at the lowest achievable output voltage (i.e., 5V), the Nameplate Output Current shall be 2A (which corresponds to an output power of 10W at the 100% loading condition). The 75%, 50%, and 25% loading conditions shall be scaled accordingly and the nameplate output power of such an EPS, at the lowest output voltage, shall be equal to 10W.

    (3) Representations. Apple may not make representations about the energy efficiency of the adaptive external power supply basic model identified in paragraph (1) for compliance, marketing, or other purposes unless the basic model has been tested in accordance with the provisions set forth above and such representations fairly disclose the results of such testing.

    (4) This Extension of Waiver shall remain in effect consistent with the provisions of 10 CFR 430.27.

    (5) This Extension of Waiver is issued on the condition that the statements, representations, and documents provided by Apple are valid. If Apple makes any modifications to the controls or configurations of this basic model, the waiver will no longer be valid and Apple will either be required to use the current Federal test method or submit a new application for a test procedure waiver. DOE may rescind or modify this Extension of Waiver at any time if it determines the factual basis underlying the petition for Extension of Waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic model's true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, Apple may request that DOE rescind or modify the Extension of Waiver if the petitioner discovers an error in the information provided to DOE as part of its petition, determines that the Extension of Waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2)

    (6) Granting of this extension does not release Apple from the certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on October 2, 2018.

    Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2018-22004 Filed 10-9-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY [Case Number 2018-008, EERE-2017-BT-WAV-0038] Energy Conservation Program: Extension of Waiver to Panasonic Appliances Refrigeration Systems Corporation of America (PAPRSA) From the Department of Energy Consumer Refrigerator and Refrigerator-Freezer Test Procedures AGENCY:

    Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Notice of extension of waiver.

    SUMMARY:

    The U.S. Department of Energy (“DOE”) is granting a waiver extension (Case Number 2018-008) to Panasonic Appliances Refrigeration Systems Corporation of America (“PAPRSA”) to waive the requirements of the DOE refrigerator and refrigerator-freezer test procedures for determining the energy consumption of combination cooler-refrigerator basic model PR5181JKBC. PAPRSA is required to test and rate this basic model in accordance with the applicable DOE test procedure, with the exception that it must calculate the specified basic model's energy consumption using a correction factor (“K-factor”) of 0.85, as specified in the Extension of Waiver.

    DATES:

    This Extension of Waiver is effective October 10, 2018. The Extension of Waiver will terminate on October 28, 2019, in conjunction with the compliance date that applies to the published standards for miscellaneous refrigeration products (“MREFs”). See 81 FR 75194 (Oct. 28, 2016).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: [email protected]

    Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(g)), DOE gives notice of the issuance of an Extension of Waiver as set forth below. The Extension of Waiver extends the Decision and Order granted to PAPRSA on May 5, 2017 (82 FR 21209, “May 2017 Decision and Order”) to include PAPRSA combination cooler-refrigerator basic model PR5181JKBC, as requested by PAPRSA on June 26, 2018.1 PAPRSA must test and rate the specifically identified combination cooler-refrigerator basic model in accordance with the alternate test procedure described in the May 2017 Decision and Order. PAPRSA's representations concerning the energy consumption of the specified basic model must be based on testing according to the provisions and restrictions in the alternate test procedure set forth in the May 2017 Decision and Order, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same requirements when making representations regarding the energy consumption of this product. (42 U.S.C. 6293(c))

    1 PAPRSA's request is available at http://regulations.gov in docket ID EERE-2017-BT-WAV-0038.

    DOE makes decisions on waiver extensions for only those basic models specifically set out in the request, not future models that may be manufactured by the petitioner. PAPRSA may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of combination cooler-refrigerators. Alternatively, if appropriate, PAPRSA may request that DOE extend the scope of a waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g).

    Signed in Washington, DC, on October 2, 2018. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Case Number 2018-008—Extension of Waiver I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended (“EPCA”),1 (42 U.S.C. 6291-6317), among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and industrial equipment. Title III, Part B 2 EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include consumer refrigerators and refrigerator-freezers, the focus of this extension. (42 U.S.C. 6292(a)(1)).

    1 All references to EPCA in this document refer to the statute as amended through the EPS Improvement Act of 2017, Public Law 115-115 (January 12, 2018).

    2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

    Under EPCA, DOE's energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the authority to require information and reports from manufacturers. (42 U.S.C. 6296).

    The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of these products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)).

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE is required to follow when prescribing or amending test procedures for covered products. EPCA requires that test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect the energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3) The test procedure for refrigerators and refrigerator-freezers is contained in 10 CFR part 430, subpart B, appendix A, Uniform Test Method for Measuring the Energy Consumption of Refrigerators, Refrigerator-Freezers, and Miscellaneous Refrigeration Products (“appendix A”).

    Under 10 CFR 430.27, any interested person may submit a petition for waiver from DOE's test procedure requirements. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy or water consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. Id.

    A petitioner may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition. 10 CFR 430.27(g). DOE will publish any such extension in the Federal Register. Id.

    II. Request for an Extension of Waiver: Assertions and Determinations

    DOE issued a Decision and Order in Case Number RF-043 granting PAPRSA a waiver to test its basic models PR6180WBC, KBCS24RSBS, SR6180BC, SR5180JBC, and PR5180JKBC using an alternate test procedure. 82 FR 21209 (May 5, 2017) (“May 2017 Decision and Order”). PAPRSA requested that it be permitted to use a modified version of the test procedure that would specify a higher standardized temperature for testing wine chiller compartments as opposed to the standardized compartment temperature of 39 degrees Fahrenheit (°F) for refrigerators, and use of a correction factor of 0.85 when calculating energy consumption. PAPRSA stated that it designed these models to provide an average temperature of 55 to 57 °F, which it determined is a commonly recommended temperature for wine storage, suggesting that this temperature is presumed to be representative of expected consumer use. 81 FR 4270, 4271 (February 25, 2016).

    Based on its review of the information provided by PAPRSA, DOE determined that appendix A addresses the temperature issue identified by PAPRSA based on the amendments incorporated from the miscellaneous refrigeration products (“MREF”) test procedure final rule. See 81 FR 46768 (July 18, 2016) (MREF test procedure final rule) and 81 FR 49868 (July 29, 2016) (MREF test procedure final rule correction notice). As specified in the May 5, 2017 Decision and Order, DOE also identified the formulas in appendix A that, for purposes of the waiver, should incorporate a 0.85 correction factor (the correction factor accounts for the thermal load from loading warm items and from door openings). 82 FR at 21210. On August 4, 2017, in response to a request from PAPRSA, DOE issued a Decision and Order (Case Number RF-047) extending the waiver to include basic model PR5181WBC. 82 FR 36386.

    On June 26, 2018, PAPRSA submitted a request under 10 CFR 430.27(g) to extend the scope of the waiver in Case Number RF-043 to a new basic model, PR5181JKBC. PAPRSA stated that the new basic model employs the same technology as the basic models set forth in the original petition for waiver. Specifically, PAPRSA stated that basic model PR5181JKBC employs the same wine compartment—beverage compartment technology and design characteristics as the basic models for which the original waiver was granted and that the basic model uses a heater that prevents the wine-chiller compartment temperature from falling below 42 °F.

    DOE has reviewed PAPRSA's waiver extension request in Case Number RF-043. Based on this review, DOE has determined that the basic model specified in PAPRSA's current waiver extension request incorporates the same design characteristics as those basic models covered under the waiver in Case Number RF-043 such that the DOE test procedure evaluates that basic model in a manner that is unrepresentative of its actual energy use. DOE also determined that applying the alternate procedure specified in Case Number RF-043 will allow for the accurate measurement of the energy use of the consumer refrigerator basic model identified by PAPRSA in its waiver extension request.

    III. Order

    After careful consideration of all the material submitted by PAPRSA in this matter, it is Ordered that:

    (1) PAPRSA must, as of the date of publication of this Extension of Waiver in the Federal Register, test and rate the combination cooler-refrigerator basic model PR5181JKBC as set forth in paragraph (2).

    (2) The alternate test procedure for the basic model listed in paragraph (1) is the test procedure in 10 CFR part 430, subpart B, appendix A, with the exception that PAPRSA must calculate energy consumption using a correction factor (“K-factor”) of 0.85, as follows.

    The energy consumption is defined by:

    If compartment temperatures are below their respective standardized temperatures for both test settings (according to 10 CFR part 430, subpart B, appendix A, sec. 6.2.4.1):

    E = (ET1 × 0.85) + IET.

    If compartment temperatures are not below their respective standardized temperatures for both test settings, the higher of the two values calculated by the following two formulas (according to 10 CFR part 430, subpart B, appendix A, sec. 6.2.4.2):

    Energy consumption of the “cooler compartment”:

    ECooler Compartment = (ET1 + [(ET2−ET1) × (55 °F−TW1)/(TW2−TW1)]) × 0.85 + IET

    Energy consumption of the “fresh food compartment”:

    EFreshFood Compartment = (ET1 + [(ET2−ET1) × (39 °F−TBC1)/(TBC2−TBC1)]) × 0.85 + IET.

    (3) Representations. PAPRSA may not make representations about the energy consumption of the combination cooler-refrigerator identified in paragraph (1) of this section for compliance, marketing, or other purposes unless that basic model has been tested in accordance with the provisions set forth above and such representations fairly disclose the results of such testing.

    (4) This Extension of Waiver shall remain in effect consistent with the provisions of 10 CFR 430.27. This Order will terminate on October 28, 2019, in conjunction with the compliance date that applies to the standards published on October 28, 2016 for miscellaneous refrigeration products (“MREFs”). See 81 FR 75194 (Oct. 28, 2016). Testing to demonstrate compliance with those standards must be performed in accordance with the MREF test procedure final rule. See 81 FR 46768 (July 18, 2016) (MREF test procedure final rule) and 81 FR 49868 (July 29, 2016) (MREF test procedure final rule correction notice).

    (5) This Extension of Waiver is issued on the condition that the statements, representations, and documents provided by PAPRSA are valid. If PAPRSA makes any modifications to the controls or configurations of these basic models, the waiver will no longer be valid and PAPRSA will either be required to use the current Federal test method or submit a new application for a test procedure waiver. DOE may rescind or modify this Extension of Waiver at any time if it determines the factual basis underlying the petition for extension of waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, PAPRSA may request that DOE rescind or modify the Extension of Waiver if the petitioner discovers an error in the information provided to DOE as part of its petition, determines that the Extension of Waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).

    (6) Granting of this Extension of Waiver does not release PAPRSA from the certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on October 2, 2018. Kathleen B. Hogan,

    Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.

    [FR Doc. 2018-22003 Filed 10-9-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Request for Public Comment on the U.S. Department of Energy Interpretation of High-Level Radioactive Waste AGENCY:

    Office of Environmental Management, U.S. Department of Energy.

    ACTION:

    Notice of public comment period.

    SUMMARY:

    The U.S. Department of Energy (DOE or the Department) provides this Notice and request for public comment on its interpretation of the definition of the statutory term “high-level radioactive waste” (HLW) as set forth in the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982. This statutory term indicates that not all wastes from the reprocessing of spent nuclear fuel (“reprocessing wastes”) are HLW, and DOE interprets the statutory term such that some reprocessing wastes may be classified as not HLW (non-HLW) and may be disposed of in accordance with their radiological characteristics.

    DATES:

    DOE invites stakeholders to submit written comments on its interpretation. The 60-day public comment period begins on October 10, 2018 and ends on December 10, 2018. Only comments received through one of the methods described below will be accepted. DOE will consider all comments received or postmarked by December 10, 2018.

    ADDRESSES:

    Please direct comments to:

    (a) Email: Send comments to [email protected] Please submit comments in MicrosoftTM Word, or PDF file format, and avoid the use of encryption.

    (b) Mail: Send to the following address: Theresa Kliczewski, U.S. Department of Energy, Office of Environmental Management, Office of Waste and Materials Management (EM-4.2), 1000 Independence Avenue SW, Washington, DC 20585.

    FOR FURTHER INFORMATION CONTACT:

    Theresa Kliczewski at [email protected] or at U.S. Department of Energy, Office of Environmental Management, Office of Waste and Materials Management (EM-4.2), 1000 Independence Avenue SW, Washington, DC 20585. Telephone: (202) 586-3301.

    SUPPLEMENTARY INFORMATION:

    A. Background

    DOE manages large inventories of legacy waste resulting from spent nuclear fuel (SNF) reprocessing activities from atomic energy defense programs, e.g., nuclear weapons production. DOE also manages a small quantity of vitrified waste from a demonstration of commercial SNF reprocessing. Reprocessing generally refers to the dissolution of irradiated SNF in acid, generating liquid or viscous wastes, and the chemical processing to separate the fission products or transuranic elements of the SNF from the desired elements of plutonium and uranium, which are recovered for reuse. Liquid reprocessing wastes have been or are currently stored in large underground tanks at three DOE sites: Savannah River Site (SRS) (South Carolina), Idaho National Laboratory (INL) (Idaho), and the Office of River Protection at the Hanford Site (Washington). Solid reprocessing wastes are liquid wastes that have been immobilized in solid form and are currently stored at SRS, INL, and the West Valley Demonstration Project (New York).

    DOE's interpretation of HLW is that reprocessing waste is non-HLW if the waste:

    I. Does not exceed concentration limits for Class C low-level radioactive waste as set out in section 61.55 of title 10, Code of Federal Regulations; or II. Does not require disposal in a deep geologic repository and meets the performance objectives of a disposal facility as demonstrated through a performance assessment conducted in accordance with applicable regulatory requirements.

    Under DOE's interpretation, waste meeting either of these criteria is non-HLW and may be classified and disposed of in accordance with its radiological characteristics.

    At this time, DOE is not making—and has not made—any decisions on the disposal of any particular waste stream. Disposal decisions, when made, will be based on the consideration of public comments in response to this Notice and prior input and consultation with appropriate state and local regulators and stakeholders. DOE will continue its current practice of managing all its reprocessing wastes as if they were HLW unless and until a specific waste is determined to be another category of waste based on detailed technical assessments of its characteristics and an evaluation of potential disposal pathways.

    B. High-Level Waste Interpretation

    DOE interprets the term “high-level radioactive waste”, as stated in the Atomic Energy Act of 1954 as amended (AEA),1 and the Nuclear Waste Policy Act of 1982 as amended (NWPA) 2 in a manner that defines DOE reprocessing wastes to be classified as either HLW or non-HLW based on the radiological characteristics of the waste and their ability to meet appropriate disposal facility requirements. The basis for DOE's interpretation comes from the AEA and NWPA definition of HLW:

    1 42 U.S.C. 2011 et seq. This definition of HLW was first enacted in the Nuclear Waste Policy Act of 1982, as amended, and incorporated into the AEA in 1988.

    2 42 U.S.C. 10101 et seq.

    (A) the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and

    (B) other highly radioactive material that the Commission, consistent with existing law, determines by rule requires permanent isolation.3

    3 42 U.S.C. 10101(12)(A), (B).

    In paragraph A, Congress limited HLW to those materials that are both “highly radioactive” and “resulting from the reprocessing of spent nuclear fuel.” Reprocessing generates liquid wastes, with the first cycle of reprocessing operations containing the majority of the fission products and transuranic elements removed from the SNF. Thus, in paragraph A, Congress distinguished HLW with regard to its form as both “liquid waste produced directly in reprocessing” and “any solid material derived from such liquid waste that contains fission products in sufficient concentrations.”

    In paragraph B, Congress defined HLW also to include “other highly radioactive material” that the Nuclear Regulatory Commission (NRC) determines by rule “requires permanent isolation.” HLW under paragraph B includes highly radioactive material regardless of whether the waste is from reprocessing or some other activity. Further, under paragraph B, classification of material as HLW is based on its radiological characteristics and whether the material requires permanent isolation.

    The common element of these statutory paragraphs defining HLW is the requirement and recognition that the waste be “highly radioactive.” Additionally, both paragraphs reflect a primary purpose of the NWPA, which is to define those materials for which disposal in a deep geologic repository is the only method that would provide reasonable assurance that the public and the environment will be adequately protected from the radiological hazards the materials pose.

    The terms “highly radioactive,” and “sufficient concentrations” are not defined in the AEA or the NWPA. By providing in paragraph A that liquid reprocessing waste is HLW only if it is “highly radioactive,” and that solid waste derived from liquid reprocessing waste is HLW only if it is “highly radioactive” and contains fission products in “sufficient concentrations” without further defining these standards, Congress left it to DOE to determine when these standards are met. Given Congress' intent that not all reprocessing waste is HLW, it is appropriate for DOE to use its expertise to interpret the definition of HLW, consistent with proper statutory construction, to distinguish waste that is non-HLW from waste that is HLW.

    The DOE interpretation is informed by the radiological characteristics of reprocessing waste and whether the waste can be disposed of safely in a facility other than a deep geologic repository. This interpretation is based upon the principles of the NRC's regulatory structure for the disposal of low-level radioactive wastes. 4

    4 NRC licensing requirements for the land disposal of LLW, originally promulgated in 1962, are codified in Part 61 of the Code of Federal Regulations, 10 CFR part 61.

    In its regulations, NRC has identified four classes of low-level radioactive waste (LLW)—Class A, B or C—for which near-surface disposal is safe for public health and the environment, and greater-than-Class C LLW for which near-surface disposal may be safe for public health and the environment. This waste classification regime is based on the concentration levels of a combination of specified short-lived and long-lived radionuclides in a waste stream, with Class C LLW having the highest concentration levels. Waste that exceeds the Class C levels is evaluated on a case-specific basis to determine whether it requires disposal in a deep geologic repository, or whether an alternative disposal facility can be demonstrated to provide safe disposal. The need for disposal in a deep geologic repository results from a combination of two radiological characteristics of the waste: High activity radionuclides, including fission products, which generate high levels of radiation; and long-lived radionuclides which, if not properly disposed of, would present a risk to human health and the environment for hundreds of thousands of years.

    Because the NRC has long-standing regulations that set concentration limits for radionuclides in waste that is acceptable for near-surface disposal, it is reasonable to interpret “highly radioactive” to mean, at a minimum, radionuclide concentrations greater than the Class C limits. Reprocessing waste that does not exceed the Class C limits is non-HLW.

    DOE interprets “sufficient concentrations” in the statutory context in which the definition was enacted, which, as discussed above, is focused on protecting the public and the environment from the hazards posed by nuclear waste. In addition to the characteristics of the waste itself, the risk that reprocessing waste poses to human health and the environment depends on the physical characteristics of the disposal facility and that facility's ability to safely isolate the waste from the human environment. Relevant characteristics of a disposal facility may include the depth of disposal, use of engineered barriers, and geologic, hydrologic, and geochemical features of the site. Taking these considerations into account, it is reasonable to interpret “sufficient concentrations” to mean concentrations of fission products in combination with long-lived radionuclides that would require disposal in a deep geologic repository.

    Accordingly, under DOE's interpretation, solid waste that exceeds the NRC's Class C limits would be subject to detailed characterization and technical analysis of the radiological characteristics of the waste. This, combined with the physical characteristics of a specific disposal facility and the method of disposal, would determine whether the facility could meet its performance objectives, and if the waste can be disposed of safely. This approach would be governed by the waste characterization and analysis process and performance objectives for the disposal facility established by the applicable regulator, and thereby protective of human health and the environment.

    The DOE interpretation does not require the removal of key radionuclides to the maximum extent that is technically and economically practical before DOE can define waste as non-HLW. Nothing in the statutory text of the AEA or the NWPA requires that radionuclides be removed to the maximum extent technically and economically practical prior to determining whether waste is HLW. DOE has determined that the removal of radionuclides from waste that already meets existing legal and technical requirements for safe transportation and disposal is unnecessary and inefficient, and does not benefit human health or the environment. To the contrary, it potentially presents a greater risk to human health and the environment because it prolongs the temporary storage of waste.

    Therefore, under DOE's interpretation, waste resulting from the reprocessing of SNF is non-HLW if the waste:

    I. Does not exceed concentration limits for Class C low-level radioactive waste as set out in section 61.55 of title 10, Code of Federal Regulations; or II. Does not require disposal in a deep geologic repository and meets the performance objectives of a disposal facility as demonstrated through a performance assessment conducted in accordance with applicable regulatory requirements.

    Reprocessing waste meeting either I or II of the above is non-HLW, and may be classified and disposed in accordance with its radiological characteristics in an appropriate facility provided all applicable requirements of the disposal facility are met.

    C. Request for Comments

    The Department specifically requests comments on its interpretation that reprocessing waste meeting either of the two criterion stated above is non-HLW. This Notice is intended to solicit public feedback on the DOE interpretation to better understand stakeholder perspectives prior to appropriate input and consultation with affected state and local regulators and any waste disposal classification decisions.

    The Department will consider all comments received during the public comment period, and modify its proposed approach, as appropriate, based on public comment.

    Signed at Washington, DC, on October 4, 2018. Anne Marie White, Assistant Secretary for Environmental Management.
    [FR Doc. 2018-22002 Filed 10-9-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC19-2-000.

    Applicants: AL Sandersville, LLC, Effingham County Power, LLC, MPC Generating, LLC, Walton County Power, LLC, Washington County Power, LLC.

    Description: Joint Application for Authorization Under Section 203 of the Federal Power Act, et al. of AL Sandersville, LLC, et. al.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5078.

    Comments Due: 5 p.m. ET 10/24/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1521-004; ER10-1520-004;ER10-1522-003.

    Applicants: Occidental Power Marketing, L.P., Occidental Power Services, Inc., Occidental Chemical Corporation.

    Description: Second Supplement to June 29, 2018 Updated Market Power Analysis for the Central Region of the Occidental MBRA Entities.

    Filed Date: 9/28/18.

    Accession Number: 20180928-5171.

    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER17-2515-004.

    Applicants: Chambers Cogeneration, Limited Partnership.

    Description: Compliance filing: Settlement Compliance Filing to be effective 11/1/2017.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5150.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER18-1424-001.

    Applicants: Rio Bravo Fresno, A California Joint Venture.

    Description: Report Filing: refund report 2018 to be effective N/A.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5171.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER18-1427-001.

    Applicants: Rio Bravo Rocklin, A California Joint Venture.

    Description: Report Filing: refund report 2018 to be effective N/A.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5174.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER18-2175-001.

    Applicants: Mid-Atlantic Interstate Transmission, LLC, West Penn Power Company, The Potomac Edison Company, Monongahela Power Company, Trans-Allegheny Interstate Line Company, American Transmission Systems, Incorporated, PJM Interconnection, L.L.C.

    Description: Tariff Amendment: MAIT et al submit Supplement in ER18-2175-000 re: IAs, SA Nos 2149 and 3743 to be effective 10/5/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5013.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER18-2426-001.

    Applicants: The Potomac Edison Company, PJM Interconnection, L.L.C.

    Description: Tariff Amendment: Potomac submits Supplemental Filing in ER18-2426-000 re: IA SA No. 4452 to be effective 11/13/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5007.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-29-001.

    Applicants: NorthWestern Corporation.

    Description: Tariff Amendment: New Baseline—Service Agreements under Montana OATT (Part 1) to be effective 10/8/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5008.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-29-002.

    Applicants: NorthWestern Corporation.

    Description: Tariff Amendment: New Baseline—Service Agreements under Montana OATT (Part 2) to be effective 10/8/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5012.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-29-003.

    Applicants: NorthWestern Corporation.

    Description: Tariff Amendment: New Baseline—Service Agreements under Montana OATT (Part 3 of 3) to be effective 10/8/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5014.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-33-001.

    Applicants: NorthWestern Corporation.

    Description: Tariff Amendment: New Baseline—Other Rate Schedules (Montana) to be effective 10/8/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5183.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-34-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2018-10-02_MISO Pseudo-Tie Congestion Overlap Phase 2 Filing to be effective 3/1/2019.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5155.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-35-000.

    Applicants: CPV Biomass Holdings, LLC.

    Description: Tariff Cancellation: Notice of Cancellation of Market-Based Rate Tariff to be effective 10/3/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5156.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-36-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA No. 4910; Queue No. AC2-161 to be effective 11/5/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5157.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-37-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2018-10-02_SA 3176 NSP-NSP GIA (J460) to be effective 9/28/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5184.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-38-000.

    Applicants: Dominion Energy Fairless, LLC.

    Description: Baseline eTariff Filing: Informational Reort—Rate Schedule No. 2 to be effective 12/7/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5185.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-39-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Eldorado Substation Additional Facilities and Interconnection Agreement to be effective 12/3/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5002.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-40-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 1628R13 Western Farmers Electric Cooperative NITSA to be effective 12/1/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5011.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-41-000.

    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: MAIT submits IA SA No. 4577 to be effective 12/3/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5018.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-42-000.

    Applicants: NorthWestern Corporation.

    Description: Tariff Cancellation: Cancellation of NWE Montana OATT under Tariff ID 28 to be effective 10/8/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5075.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-43-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA No. 3389; Queue No. X3-081 to be effective 10/17/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5076.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-44-000.

    Applicants: Idaho Power Company.

    Description: Tariff Cancellation: Notice of Cancellation of Rate Schedule 163—Comm Agree—LaGrande-Pocatello to be effective 12/3/2018.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5080.

    Comments Due: 5 p.m. ET 10/24/18.

    Docket Numbers: ER19-45-000.

    Applicants: Citizens Sunrise Transmission LLC.

    Description: § 205(d) Rate Filing: Annual TRBAA Filing October 2018 to be effective 1/1/2019.

    Filed Date: 10/3/18.

    Accession Number: 20181003-5086.

    Comments Due: 5 p.m. ET 10/24/18.

    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: October 3, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21939 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR18-39-000] Andeavor Field Services LLC; Notice of Request for Temporary Waiver

    Take notice that on September 28, 2018, pursuant to Rules 202 and 203 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.202 and 203, Andeavor Field Services LLC (Andeavor) filed a petition seeking a temporary waiver of the tariff filing and reporting requirements applicable to interstate oil pipelines under sections 6 and 20 of the Interstate Commerce Act and parts 341 and 357 of the Commission's regulations. This request pertains to certain natural gas liquids pipeline facilities that will be owned and operated by Andeavor within the State of North Dakota, all as more fully explained in the petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the 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 p.m. Eastern time on October 29, 2018.

    Dated: October 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-21893 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-8-000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Sweetwater Solar, LLC

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

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

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is October 22, 2018.

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

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

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the 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.

    Dated: October 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21940 Filed 10-9-18; 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 Business Issues Committee Meeting October 10, 2018, 10 a.m.-4 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=2018-10-10

    NYISO Operating Committee Meeting October 11, 2018, 10 a.m.-4 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=2018-10-11

    NYISO Electric System Planning Working Group Meeting October 24, 2018, 10 a.m.-4 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=2018-10-24

    NYISO Management Committee Meeting October 31, 2018, 10 a.m.-2 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=2018-10-31

    The discussions at the meetings described above may address matters at issue in the following proceedings:

    New York Independent System Operator, Inc., Docket No. 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: October 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-21891 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL19-3-000] Notice of Petition for Declaratory Order: NorthWestern Corporation

    Take notice that on October 2, 2018, pursuant to Rule 207 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207(2018), NorthWestern Corporation (Petitioner) filed a petition for declaratory order (petition) requesting the Commission issue a declaratory order determining that (1) in periods when NorthWestern Corporation has excess generation and cannot back down its generation, the avoided cost for energy to Qualifying Facilities should be zero; and (2) nothing in Public Utility Regulatory Policies Act of 1978, including the rule against non-discrimination in pricing of avoided cost, permits the establishment of a rate in excess of the utility's avoided cost, all as more fully explained in the petition.

    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 November 1, 2018.

    Dated: October 3, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21938 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER19-26-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2018-10-01 Congestion Revenue Rights Auction Efficiency Track 1B Modification to be effective 1/1/2019.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5001.

    Comments Due: 5 p.m. ET 10/12/18.

    Docket Numbers: ER19-28-000.

    Applicants: Flanders Energy LLC.

    Description: Baseline eTariff Filing: Market-Based Rate Tariff Application to be effective 10/3/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5059.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-29-000.

    Applicants: NorthWestern Corporation.

    Description: Baseline eTariff Filing: New Baseline—Montana OATT to be effective 10/8/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5072.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-30-000.

    Applicants: R-WS Antelope Valley Gen-Tie, LLC.

    Description: Baseline eTariff Filing: Certificates of Concurrence for Shared Facilities Agreements to be effective 10/14/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5073.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-31-000.

    Applicants: Oregon Clean Energy, LLC.

    Description: Baseline eTariff Filing: Reactive Power Tariff Application to be effective 12/1/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5112.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-32-000.

    Applicants: Benson Power, LLC.

    Description: Tariff Cancellation: Notice of Cancellation of Market-Based Rate Tariff to be effective 10/3/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5133.

    Comments Due: 5 p.m. ET 10/23/18.

    Docket Numbers: ER19-33-000.

    Applicants: NorthWestern Corporation.

    Description: Baseline eTariff Filing: New Baseline—Other Rate Schedules (South Dakota) to be effective 10/8/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5134.

    Comments Due: 5 p.m. ET 10/23/18.

    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: October 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21932 Filed 10-9-18; 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 exempt wholesale generator filings:

    Docket Numbers: EG19-1-000.

    Applicants: King Mountain Upton Wind, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of King Mountain Upton Wind, LLC.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5370.

    Comments Due: 5 p.m. ET 10/22/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-936-004; ER13-342-014; ER13-343-010; ER15-960-004; ER16-700-003; ER16-701-003; ER17-1531-002; ER10-1514-004.

    Applicants: Benson Power, LLC, CPV Biomass Holdings, LLC, CPV Fairview, LLC, CPV Keenan II Renewable Energy Company, LLC, CPV Maryland, LLC, CPV Shore, LLC, CPV Towantic, LLC, CPV Valley, LLC.

    Description: Notice of Change in Status of Benson Power, LLC, et. al.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5394.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-9-001.

    Applicants: Mankato Energy Center II, LLC.

    Description: Tariff Amendment: Amendment to MBR Authority Application and Initial Baseline Tariff Filing to be effective 12/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5298.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-15-000.

    Applicants: Wolverine Power Supply Cooperative, Inc.

    Description: § 205(d) Rate Filing: New Executed Agreements between Wolverine and MPPA to be effective 9/17/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5278.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-16-000.

    Applicants: NorthWestern Corporation.

    Description: Tariff Cancellation: Cancellation of NWE SD OATT under Tariff ID 28 to be effective 10/2/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5286.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-17-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 2041R8 Kansas City Board of Public Utilities PTP Agreement to be effective 9/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5288.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-18-000.

    Applicants: Atlantic City Electric Company, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Atlantic City Electric submits revisions to OATT, Att. H-1A re: FAS 109 Recovery to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5300.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-19-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Financial Transmission Rights Default Disposition Filing to be effective 12/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5309.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-20-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2018-10-01_SA 3168 MPPA-MPPA GIA (J540) to be effective 9/17/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5310.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-21-000.

    Applicants: Alcoa Power Generating Inc.

    Description: § 205(d) Rate Filing: Third Supplemental Transmission Services Agreement to be effective 10/2/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5313.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-22-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA No. 4941; Queue No. AC2-162 to be effective 11/7/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5325.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-23-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Default Allocation Assessment Clarifying Revisions to be effective 12/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5334.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-24-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Financial Transmission Rights ? Bilateral Transaction to be effective 12/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5343.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-25-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: FTRs ? Conditional Extension of Time—Limited Revisions to Liquidation Provision to be effective 12/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5346.

    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: ER19-27-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Request for Waiver of Midcontinent Independent System Operator, Inc.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5372.

    Comments Due: 5 p.m. ET 10/22/18.

    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: October 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21931 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-9-000] Mankato Energy Center II, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

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

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

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is October 22, 2018.

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

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

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the 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.

    Dated: October 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21937 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL18-206-000, QF16-557-001] Red Lake Falls Community Hybrid, LLC; Notice of Petition for Enforcement

    Take notice that on September 26, 2018, pursuant to section 210(h) of the Public Utility Regulatory Policies Act of 1978 (PURPA), Red Lake Falls Community Hybrid, LLC (Petitioner) filed a Petition for Enforcement, requesting that the Federal Energy Regulatory Commission (Commission) initiate an enforcement action against Minnesota Public Utilities Commission to remedy their alleged improper implementation of PURPA, all as more fully explained in their petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Petitioners.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the 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 17, 2018.

    Dated: October 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-21892 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL19-2-000] Notice of Complaint: Tipmont Rural Electric Member Cooperative v. Wabash Valley Power Authority

    Take notice that on October 1, 2018, pursuant to sections 206 and 306 of the Federal Power Act, 16 U.S.C. 824e and 825e and Rule 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206, Tipmont Rural Electric Member Cooperative (Complainant) filed a formal complaint against Wabash Valley Power Authority (Respondent) requesting that the Commission find that the Complainant may terminate services early under its wholesale requirements power sales agreements with the Respondent, subject to the Complaint paying any stranded cost that Respondent may incur as a result of such early termination, all as more fully explained in the complaint.

    The Complainant certifies that copies of the complaint were served on the contacts for Respondent, as listed on the Commission's list of Corporate Officials, to the extent such officials remain at Wabash Valley.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the 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 22, 2018.

    Dated: October 3, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-21942 Filed 10-9-18; 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: RP18-369-002.

    Applicants: Sea Robin Pipeline Company, LLC.

    Description: Compliance filing Quality Compliance to be effective 8/1/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5033.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-27-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: STEP Project Non-Conforming Interim Agreements to be effective 10/1/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5000.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-29-000.

    Applicants: Tennessee Gas Pipeline Company, L.L.C.

    Description: § 4(d) Rate Filing: Volume No. 2—Neg Rate Agmt—NextEra Energy Marketing, LLC SP338828 to be effective 10/1/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5042.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-31-000.

    Applicants: Dauphin Island Gathering Partners.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing 10-2-2018 to be effective 11/1/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5088.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-32-000.

    Applicants: Dominion Energy Transmission, Inc.

    Description: § 4(d) Rate Filing: DETI—October 2, 2018 Nonconforming Service Agreements to be effective 11/1/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5110.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-33-000.

    Applicants: Caledonia Energy Partners, L.L.C.

    Description: § 4(d) Rate Filing: Updates to Caledonia Energy Partners, LLC FERC Gas Tariff to be effective 11/1/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5113.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-34-000.

    Applicants: Freebird Gas Storage, L.L.C.

    Description: § 4(d) Rate Filing: Updates to Freebird Gas Storage, LLC FERC Gas Tariff to be effective 11/1/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5114.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-35-000.

    Applicants: Cimarron River Pipeline, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rates 2018-10-03 to be effective 10/3/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5158.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-36-000.

    Applicants: Dominion Energy Questar Pipeline, LLC.

    Description: § 4(d) Rate Filing: Statement of Negotiated Rates Version 8.0.0—Highpoint Operating Corp. to be effective 10/2/2018.

    Filed Date: 10/2/18.

    Accession Number: 20181002-5173.

    Comments Due: 5 p.m. ET 10/15/18.

    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: October 3, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21933 Filed 10-9-18; 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: RP18-806-001.

    Applicants: ENGIE Gas & LNG LLC, Exelon Generation Company, LLC.

    Description: Joint Petition to Amend Temporary Waivers of Capacity Release Regulations and Policies, et al.

    Filed Date: 9/28/18.

    Accession Number: 20180928-5188.

    Comments Due: 5 p.m. ET 10/5/18.

    Docket Numbers: RP17-913-003.

    Applicants: Natural Gas Pipeline Company of America.

    Description: Compliance filing Filing Settlement Rates Phase II November 1 2018 to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5321.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-1-000.

    Applicants: DBM Pipeline, LLC.

    Description: Compliance filing Cost and Revenue Study under Docket No. CP15-104-000.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5075.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-2-000.

    Applicants: Guardian Pipeline, L.L.C.

    Description: § 4(d) Rate Filing: EPCR Semi-Annual Adjustment—Fall 2018 to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5086.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-3-000.

    Applicants: Cimarron River Pipeline, LLC.

    Description: § 4(d) Rate Filing: Fuel Tracker 2018—Winter Season Rates to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5092.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-4-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 100118 Negotiated Rates—Mercuria Energy America, Inc. R-7540-02 to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5095.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-5-000.

    Applicants: Equitrans, L.P.

    Description: § 4(d) Rate Filing: Negotiated Capacity Release Agreements—10/1/2018 to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5107.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-6-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: § 4(d) Rate Filing: Tenaska Marketing Ventures Amendment to NRA to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5118.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-7-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: 2018 Fuel Tracker Filing to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5121.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-8-000.

    Applicants: Rover Pipeline LLC.

    Description: § 4(d) Rate Filing: Summary of Negotiated Rate Capacity Release Agreements on 10-1-18 to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5154.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-9-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: 2018 LNG Fuel Tracker Filing to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5155.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-10-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Amendment—Kinzer to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5157.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-11-000.

    Applicants: Nautilus Pipeline Company, L.L.C.

    Description: § 4(d) Rate Filing: Negotiated Rate—BP Exploration—contract 630154 to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5163.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-12-000.

    Applicants: High Point Gas Transmission, LLC.

    Description: Compliance filing Compliance Tariff Filing to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5178.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-13-000.

    Applicants: Florida Gas Transmission Company, LLC.

    Description: Compliance filing Compliance with CP17-8-000 East-West Project to be effective 12/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5197.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-14-000.

    Applicants: WBI Energy Transmission, Inc.

    Description: § 4(d) Rate Filing: 2018 Add Line Section 31 for VEP to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5208.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-15-000.

    Applicants: WBI Energy Transmission, Inc.

    Description: § 4(d) Rate Filing: 2018 Non-Conforming Service Agreements FT-1468 & FT-1469 to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5218.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-16-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: STEP Project Negotiated Rate Interim Agreements to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5233.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-17-000.

    Applicants: WBI Energy Transmission, Inc.

    Description: Compliance filing 2018 Compliance Filing for VEP to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5234.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-18-000.

    Applicants: Southern Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Fairburn Negotiated Rate to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5275.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-19-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Negotiated Rates—Sequent 911362 to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5277.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-20-000.

    Applicants: Alliance Pipeline L.P.

    Description: § 4(d) Rate Filing: APL 2018 Fuel Filing to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5280.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-21-000.

    Applicants: Colorado Interstate Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Update to Fuel Exemption Paths Filing to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5296.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-22-000.

    Applicants: Enable Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing—October 2018— Newfield 1011022 to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5297.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-23-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Non-Conforming Negotiated Rate Agreement (Saavi) to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5320.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-24-000.

    Applicants: Guardian Pipeline, L.L.C.

    Description: § 4(d) Rate Filing: Transporter Use Gas Annual Adjustment—Fall 2018 to be effective 11/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5322.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-25-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmt (JERA 37469 to EDR Trading No Amer 37422) to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5344.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-26-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: NCF Agreements—Constellation—511057 & 511058 to be effective 10/1/2018.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5345.

    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-28-000.

    Applicants: WBI Energy Transmission, Inc.

    Description: Annual Penalty Credit Revenue Report of WBI Energy Transmission, Inc.

    Filed Date: 10/1/18.

    Accession Number: 20181001-5378.

    Comments Due: 5 p.m. ET 10/15/18.

    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: October 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21934 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC18-17-000] Commission Information Collection Activities (FERC-576); Comment Request; Extension AGENCY:

    Federal Energy Regulatory Commission, DOE.

    ACTION:

    Notice of information collection and request for comments.

    SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection FERC-576 (Report of Service Interruptions) and submitting the information collection to the Office of Management and Budget (OMB) for review. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. On July 23, 2018, the Commission published a Notice in the Federal Register in Docket No. IC18-17-000 requesting public comments. The Commission received no comments.

    DATES:

    Comments on the collection of information are due November 9, 2018.

    ADDRESSES:

    Comments filed with OMB, identified by OMB Control No. 1902-0004, should be sent via email to the Office of Information and Regulatory Affairs: [email protected] Attention: Federal Energy Regulatory Commission Desk Officer.

    A copy of the comments should also be sent to the Commission, in Docket No. IC18-17-000, by either of the following methods:

    eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.

    Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.

    Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

    Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Brown may be reached by email at [email protected], telephone at (202) 502-8663, and fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    Title: FERC-576, Report of Service Interruptions.

    OMB Control No.: 1902-0004.

    Type of Request: Three-year extension of the FERC-576 information collection requirements with no changes to the current reporting requirements.

    Abstract: A natural gas company must obtain Commission authorization to engage in the transportation, sale, or exchange of natural gas in interstate commerce under the Natural Gas Act (NGA).1 The NGA also empowers the Commission to oversee continuity of service in the transportation of natural gas in interstate commerce. The information collected under FERC-576 notifies the Commission of: (1) Damage to jurisdictional natural gas facilities as a result of a hurricane, earthquake, or other natural disaster, or terrorist activity, (2) serious interruptions to service, and (3) damage to jurisdictional natural gas facilities due to natural disaster or terrorist activity, that creates the potential for serious delivery problems on the pipeline's own system or the pipeline grid.

    1 Public Law 75 688; 15 U.S.C. 717-717w.

    Filings (in accordance with the provisions of section 4(d) of the NGA) 2 must contain information necessary to advise the Commission when a change in service has occurred. Section 7(d) of the NGA 3 authorizes the Commission to issue a temporary certificate in cases of emergency to assure maintenance of adequate service or to serve particular customers, without notice or hearing.

    2 15 U.S.C. 717c.

    3 15 U.S.C. 717f.

    Respondents to the FERC-576 are encouraged to submit the reports by email to [email protected] but also have the option of faxing the reports to the Director of the Division of Pipeline Certificates. 18 CFR 260.9(b) requires that a report of service interruption or damage to natural gas facilities state: (1) The location of the service interruption or damage to natural gas pipeline or storage facilities; (2) The nature of any damage to pipeline or storage facilities; (3) Specific identification of the facilities damaged; (4) The time the service interruption or damage to the facilities occurred; (5) The customers affected by the service interruption or damage to the facilities; (6) Emergency actions taken to maintain service; and (7) Company contact and telephone number. The Commission may contact pipelines reporting damage or other pipelines to determine availability of supply, and if necessary, authorize transportation or construction of facilities to alleviate constraints in response to these reports.

    A report required by 18 CFR 260.9(a)(1)(i) of damage to natural gas facilities resulting in loss of pipeline throughput or storage deliverability shall be reported to the Director of the Commission's Division of Pipeline Certificates at the earliest feasible time when pipeline throughput or storage deliverability has been restored.

    In any instance in which an incident or damage report involving jurisdictional natural gas facilities is required by Department of Transportation (DOT) reporting requirements under the Natural Gas Pipeline Safety Act of 1968, a copy of such report shall be submitted to the Director of the Commission's Division of Pipeline Certificates, within 30 days of the reportable incident.4

    4 18 CFR 260.9(d).

    If the Commission failed to collect these data, it would lose the ability to monitor and evaluate transactions, operations, and reliability of interstate pipelines and perform its regulatory functions. These reports are kept by the Commission Staff as non-public information and are not made part of the public record.

    Type of Respondents: Natural gas companies.

    Estimate of Annual Burden:5 The Commission estimates the average annual burden and cost 6 for this information collection as follows.

    5 Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. Refer to 5 CFR 1320.3 for additional information.

    6 Costs (for wages and benefits) are based on wage figures from the Bureau of Labor Statistics (BLS) for May 2016 (at https://www.bls.gov/oes/current/naics2_22.htm) and benefits information (for December 2017, issued March 20, 2018, at https://www.bls.gov/news.release/ecec.nr0.htm). Commission staff estimates that 20% of the work is performed by a manager, and 80% is performed by legal staff members. The hourly costs for wages plus benefits are: $94.28 for management services (code 11-0000), and $143.68 for legal services (code 23-0000). Therefore, the weighted hourly cost (for wages plus benefits) is $133.80 [or (0.80 * $143.68) + (0.20 * $94.28)].

    FERC-576, Report of Service Interruptions Number of
  • respondents
  • Annual
  • number of
  • responses per
  • respondent
  • Total number of responses Average burden hours and cost ($) per response Total annual burden hours and total
  • annual cost
  • Cost per
  • respondent 7
  • ($)
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) Submittal of Original Email/Fax 21 3 63 1 hr.; $133.80 63 hrs.; $8,429.40 $401.40 Submittal of Damage Report 21 3 63 0.25 hrs.; $33.45 15.75 hrs.; $2,107.35 100.35 Submittal of DOT Incident Report 21 1 21 0.25 hrs.; $33.45 5.25 hrs.; $702.45 33.45 Total 84 hrs.; $11,239.20

    Comments: Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    7 In the 60-day Notice published July 23, 2018, the figures in this column for “Submittal of Original Email/Fax” and “Submittal of Damage Report” inadvertently showed “cost per response” rather than “cost per respondent.” Those figures are corrected in this notice to show “cost per respondent.”

    Dated: October 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-21890 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-28-000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Flanders Energy LLC

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

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

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is October 22, 2018.

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

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

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the 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.

    Dated: October 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21936 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-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 Prohibited 1. EL16-49-000, ER18-1314-000, ER18-1314-001, EL18-178-000 9-21-2018 Natural Gas Supply Association. 2. CP15-554-002 9-27-2018 Pipeliners Union 798. 3. CP15-88-000 9-28-2018 Brea College, President Lyle D. Roelofs. Exempt 1. ER18-2208-000 9-18-2018 U.S. Congress.1 2. EL15-95-000 9-19-2018 State of New Jersey Assemblyman Ron Dancer. 3. CP15-115-000, CP15-115-001 9-21-2018 Duffield Camp & Retreat Center Inc. 4. CP15-88-000 9-21-2018 Lexington-Fayette Urban County Government Office of the Mayor. 5. P-10808-000 9-25-2018 U.S. Senator Debbie Stabenow. 6. CP14-96-000 9-25-2018 U.S. Congresswoman Nita M. Lowey. 7. ER18-2208-000 9-26-2018 U.S. Senate.2 8. P-2413-000 9-26-2018 U.S. Congressman Jody Hice. 9. CP17-495-000 9-27-2018 FERC Staff.3 10. CP16-9-000 9-27-2018 U.S. Congressman Stephen F. Lynch. 1 Congressmen Joseph P. Kennedy III, Frank Pallone, Jr., Bobby L. Rush, Fred Upton, Richard E. Neal, Peter Welch, Niki Tsongas, James P. McGovern, Katherine Clark, Seth Moulton, Michael E. Capuano, and David N. Cicilline. 2 Senators Richard Blumenthal, Sheldon Whitehouse, Jack Reed, Edward J. Markey, Elizabeth Warren, and Jeanne Shaheen. 3 Memorandum dated September 27, 2018 forwarding letter from the Oregon State Historic Preservation Office. Dated: October 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-21935 Filed 10-9-18; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2018-0057; FRL-9983-04] Pesticide Program Dialogue Committee; Notice of Public Meeting AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, the Environmental Protection Agency's (EPA's) Office of Pesticide Programs is announcing a public meeting of the Pesticide Program Dialogue Committee (PPDC) on October 31, 2018. This meeting is intended to provide advice and recommendations to the EPA Administrator on issues associated with pesticide regulatory development and reform initiatives, evolving public policy and program implementation issues, and science issues associated with evaluating and reducing risks from use of pesticides.

    DATES:

    The PPDC meeting will be held on Wednesday, October 31, 2018, from 8:30 a.m. to 5 p.m. on Thursday, November 1, 2018, from 8:30 a.m. to 12 p.m. there will be an informational seminar on biotechnology-pesticide issues held for stakeholders.

    Agenda: A draft agenda will be posted on or before October 19, 2018.

    Accommodations requests: To request accommodation of a disability, please contact the person listed under FOR FURTHER INFORMATION CONTACT, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

    ADDRESSES:

    The PPDC Meeting and informational seminar will be held at 1 Potomac Yard South, 2777 S. Crystal Dr., Arlington, VA, in the lobby-level Conference Center.

    EPA's Potomac Yard South Bldg. is approximately 1 mile from the Crystal City Metro Station.

    FOR FURTHER INFORMATION CONTACT:

    Shannon Jewell, Office of Pesticide Programs, Environmental Protection Agency, 2777 Crystal Drive, Arlington, VA 22206; telephone number: (703) 347-0109; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    You may be potentially affected by this action if you work in an agricultural setting or if you are concerned about implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Federal Food, Drug, and Cosmetic Act (FFDCA); and the amendments to both of these major pesticide laws by the Food Quality Protection Act (FQPA) of 1996; the Pesticide Registration Improvement Act, and the Endangered Species Act. Potentially affected entities may include, but are not limited to: Agricultural workers and farmers; pesticide industry and trade associations; environmental, consumer, and farm worker groups; pesticide users and growers; animal rights groups; pest consultants; State, local, and tribal governments; academia; public health organizations; and the public. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2018-0057, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    II. Background

    The PPDC is a federal advisory committee chartered under the Federal Advisory Committee Act (FACA), Public Law 92-463. EPA established the PPDC in September 1995 to provide advice and recommendations to the EPA Administrator on issues associated with pesticide regulatory development and reform initiatives, evolving public policy and program implementation issues, and science issues associated with evaluating and reducing risks from use of pesticides. The following sectors are represented on the current PPDC: Environmental/public interest and animal rights groups; farm worker organizations; pesticide industry and trade associations; pesticide user, grower, and commodity groups; Federal and State/local/tribal governments; the general public; academia; and public health organizations.

    III. How can I request to participate in this meeting?

    PPDC meetings are free, open to the public, and no advance registration is required. Public comments may be made during the public comment session on October 31st or in writing to the person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: September 5, 2018. Richard P. Keigwin, Jr., Director, Office of Pesticide Programs.
    [FR Doc. 2018-22015 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0748] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written PRA comments should be submitted on or before December 10, 2018. If you anticipate that you will be submitting comments but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email to [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0748.

    Title: Section 64.1504, 64.1509, 64.1510 Pay-Per-Call and Other Information Services.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities.

    Number of Respondents and Responses: 5,125 respondents; 5,175 responses.

    Estimated Time per Response: 2 to 260 hours.

    Frequency of Response: Annual and on occasion reporting and recordkeeping requirements; Third party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority(s) for the information collection is found at 47 U.S.C. 228(c)(7)-(10); Public Law 192-556, 106 stat. 4181 (1992), codified at 47 U.S.C. 228 (The Telephone Disclosure and Dispute Resolution Act of 1992).

    Total Annual Burden: 47,750 hours.

    Total Annual Cost: None.

    Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because this information collection does not require the collection of personally identifiable information from individuals.

    Privacy Impact Assessment: No impact(s).

    Needs and Uses: 47 CFR 64.1504 of the Commission's rules incorporates the requirements of Sections 228(c)(7)-(10) of the Communications Act restricting the manner in which toll-free numbers may be used to charge telephone subscribers for information services. Common carriers may not charge a calling party for information conveyed on a toll-free number call, unless the calling party: (1) Has executed a written agreement that specifies the material terms and conditions under which the information is provided, or (2) pays for the information by means of a prepaid account, credit, debit, charge, or calling card and the information service provider gives the calling party an introductory message disclosing the cost and other terms and conditions for the service. The disclosure requirements are intended to ensure that consumers know when charges will be levied for calls to toll-free numbers and are able to obtain information necessary to make informed choices about whether to purchase toll-free information services.

    47 CFR 64.1509 of the Commission rules incorporates the requirements of 47 U.S.C. (c)(2) and 228 (d)(2)-(3) of the Communications Act. Common carriers that assign telephone numbers to pay-per-call services must disclose to all interested parties, upon request, a list of all assigned pay-per-call numbers. For each assigned number, carriers must also make available: (1) A description of the pay-per-call services; (2) the total cost per minute or other fees associated with the service; and (3) the service provider's name, business address, and telephone number. In addition, carriers handling pay-per-call services must establish a toll-free number that consumers may call to receive information about pay-per-call services. Finally, the Commission requires carriers to provide statements of pay-per-call rights and responsibilities to new telephone subscribers at the time service is established and, although not required by statute, to all subscribers annually.

    Under 47 CFR 64.1510 of the Commission's rules, telephone bills containing charges for interstate pay-per-call and other information services must include information detailing consumers' rights and responsibilities with respect to these charges. Specifically, telephone bills carrying pay-per-call charges must include a consumer notification stating that: (1) The charges are for non-communication services; (2) local and long distance telephone services may not be disconnected for failure to pay per-call charges; (3) pay-per-call (900 number) blocking is available upon request; and (4) access to pay-per-call services may be involuntarily blocked for failure to pay per-call charges. In addition, each call billed must show the type of services, the amount of the charge, and the date, time, and duration of the call. Finally, the bill must display a toll-free number which subscribers may call to obtain information about pay-per-call services. Similar billing disclosure requirements apply to charges for information services either billed to subscribers on a collect basis or accessed by subscribers through a toll-free number. The billing disclosure requirements are intended to ensure that telephone subscribers billed for pay-per-call or other information services can understand the charges levied and are informed of their rights and responsibilities with respect to payment of such charges.

    Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2018-21889 Filed 10-9-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0057] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before December 10, 2018. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicole Ongele, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0057.

    Title: Application for Equipment Authorization, FCC Form 731.

    Form Number: FCC Form 731.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for-profit.

    Number of Respondents and Responses: 11,291 respondents; 24,851 responses.

    Estimated Time per Response: 8.11 hours (rounded up).

    Frequency of Response: On occasion reporting requirement and third-party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in the 47 U.S.C. 154(i), 301, 302, 303(e), 303(f) and 303(r).

    Total Annual Burden: 201,450 hours.

    Total Annual Costs: $50,110,000.

    Privacy Act Impact Assessment: The personally identifiable information (PII) in this information collection is covered by a Privacy Impact Assessment (PIA), Equipment Authorizations Records and Files Information System. It is posted at: https://www.fcc.gov/general/privacy-act-information#pia.

    Nature and Extent of Confidentiality: Minimal exemption from the Freedom of Information Act (FOIA) under 5 U.S.C. 552(b)(4) and FCC rules under 47 CFR 0.457(d) is granted for trade secrets which may be submitted as attachments to the application FCC Form 731. No other assurances of confidentiality are provided to respondents.

    Needs and Uses: The Commission will submit this revised information collection to the Office of Management and Budget (OMB) after this 60-day comment period to obtain the three-year clearance. There is an increase in respondents/burden cost estimates to reflect the increased complexity of devices subject to the Commission rules and costs associated with testing by third-party test firms and review by Telecommunications Certification Bodies. At the same time the changes in system and consolidation of different information collection projects a reduction of burden hours.

    The Commission is seeking a revision of the Equipment Authorization information collection because of a redesign of the electronic system that collects the information (Equipment Authorization System) that streamlines the processes for filing the information associated with applications for equipment Certification pursuant to subpart J of part 2 of the Commission rules. The new electronic system also allows the Commission to consolidate and combine information that is currently authorized separately.1 The system is designed to process all data collection electronically and will eliminate repetitive information collection within applications and will permit parties to reference previously submitted information at the time of equipment authorization application. The justification has been revised to represent the updated information collected from different parties, to note that previously submitted information can be referenced in individual applications and to project the updated costs associated with testing the more complex devices that predominate the current environment.

    1 The revised collection will include the information collection previously authorized under OMB 3060-0398 (Secs. 2.948, 2.949 except for Section 15.117(g)(2)).

    The Commission rules require manufacturers of certain radio frequency (RF) equipment 2 to obtain equipment authorization approval prior to marketing their equipment. Manufacturers may then market their RF equipment based on a showing of compliance with the applicable technical standards. The Commission typically adopts or modifies its technical standards in response to new technologies and in conjunction with changes to spectrum allocations. Under the equipment authorization rules there are two types of authorization processes: Certification and Suppliers Declaration of Conformity. The technical rules for the services in which the equipment is proposed to operate will specify which type of equipment authorization must be obtained before the equipment can be marketed. This information collection is specific for equipment subject to Certification. Appendix A of this statement provides the current list of rules that require Certification. Applications for Certification are submitted on FCC Form 731.3

    2See Section 2.803 (47 CFR 2.803). The kinds of equipment that are being marketed include devices such as cellular telephones, tablets, remote control devices and scanning devices. However, the types of equipment that are manufactured may change in response to changing technologies and new spectrum allocations made by the Commission.

    3 The information collection for Suppliers Declaration for conformity is authorized under OMB 3060-0636.

    Accordingly, this information collection applies to RF equipment that:

    (a) Is currently manufactured, or may be manufactured in the future, and

    (b) operates under varying technical standards.

    A party (e.g., an RF equipment manufacturer) seeking device Certification pursuant to § 2.911 must first obtain a grantee code. This is a one-time application, as the party may use the same grantee code in all of its subsequent equipment authorization applications. The party provides its contact information and the FCC Registration Number (FRN) to obtain the grantee code on the Grantee Code Application web page of FCC Form 731.4 A grantee code is assigned pursuant to § 2.926(c) of the Commission rules, and any information changes (as described in § 2.929) must be updated on the electronic system.

    4 Information collection for FCC Registration Number is authorized under OMB 3060-0917.

    A party seeking device Certification is required to submit its application to an FCC-recognized Telecommunications Certification Body (TCB). The FCC recognizes TCBs pursuant to §§ 2.960 and 2.962. TCBs must be designated by appropriate designating authorities in the United States or through a mutual recognition agreement (MRA) for foreign countries where an MRA is in place, pursuant to § 2.960. A TCB's designation is only recognized when it is supported by an accrediting organization meeting the requirements specified in § 2.960(c). Information about the TCBs including their scope of responsibilities pursuant to § 2.962, the TCB accrediting body (TCBA) and the TCB designating authority (TDA) is submitted by the parties on the specific web pages of FCC Form 731. The information about a TCB, TCBA or TDA is only collected when a new entity is added or there is a change in the scope of the entity responsibilities. The information is used for verification and validation when a TCB submits information indicating approval of the application for grant of Certification.

    TCBs have flexibility in the format they use to collect information for application for equipment Certification—e.g. they may require applicants to submit the required information in a format that mirrors FCC Form 731, or they may opt to use a customized format. In all cases, the information required is governed by the procedural rules in Part 2 and a showing of compliance with the FCC technical standards for the specific type of equipment that is the subject of the application.

    TCBs process application as follows:

    (i) The TCB receives and reviews the information submitted by the party seeking Certification of an RF device.

    (ii) The TCB enters the information on the appropriate FCC Form 731 web page. The TCB submits the final recommendation on the disposal of the application. If the recommendation is to authorize the grant, a grant of certification is published through the system. If the recommendation is not to approve, this decision is noted in the system.

    All applications for Certification require the product to be tested for rules compliance by measurement test firms (TF) accredited by test firm accreditation bodies (TFAB) that have been recognized by the FCC (see §§ 2.948 and 2.949, respectively). TF and TFAB information is submitted through FCC Form 731 web pages for such information for verification and validation when the TCB reviews the application. The information collection for TF and TFAB is currently approved under OMB 3060-0398, but is being included in this revision.

    An application for Certification must contain the following data, as is specified in § 2.1033:

    • Information about the Grantee or their agents submitting the application on the Grantee's behalf.

    • Information specific to the equipment including FCC Identifier, equipment class, technical specifications, etc.

    • Attachments that demonstrate compliance with FCC rules may include any combination of the following based on the applicable FCC rule parts for the equipment for which authorization is requested:

    ○ Identification of equipment (§ 2.925);

    ○ Attestation statements that may be required for specific equipment;

    ○ External photos;

    ○ Block diagram of the device;

    ○ Schematics;

    ○ Test Report;

    ○ Test Setup Photos;

    ○ User's Manual;

    ○ Internal Photos;

    ○ Parts List/Tune Up Information;

    ○ RF Exposure Information;

    ○ Operational Description;

    ○ Cover Letters;

    ○ Software Defined Radio/Cognitive Radio Files;

    ○ Pre-approval guidance correspondence with TCB; and

    ○ Pre-approval inquiry correspondence with applicant

    Applications for devices subject to multiple rule parts or to different requirements within the same rule part can be included in a single submission that provides whatever additional relevant information is necessary to show compliance with additional requirements. Applications subject to pre-approval guidance pursuant to § 2.964 must include the guidance correspondence.

    Applications for devices operating under certain service rules (as specified in § 2.1033) must also include information specified in the rule parts.5 This documentation, as well as any other information that demonstrates conformance with FCC Rules, may range from 100 to 1,000 pages, and is essential to control potential interference to radio communications. The FCC may use this information to investigate complaints of harmful interference.

    5 See 47 CFR Sections 2.1033(b)(9)-(14), 2.1033(c)(13)-(21) and 2.1033(d).

    The decision on the grant of application is made on the Equipment Authorization System electronically pursuant to §§ 2.915, 2.917 or 2.919. A Certification is subject to the limitations under § 2.927 and the grantee is responsible for ongoing compliance including record retention pursuant to §§ 2.931, 2.937 and 2.938.

    The grantee is responsible to ensure that the device continues to comply with the rules. Device changes will require a new application for Certification pursuant to §§ 2.932 and 2.933, unless they can be classified as permissive changes under the rules for Class II or III permissive changes, as specified in § 2.1043(b). For a permissive change, the grantee is required to file supplementary information explaining the changes and must provide updated test information to a TCB for review. The TCB will then submit the data on the FCC Form 731 web pages for permissive changes. The only data required is that which supports the compliance of the changed functions. For changes which are considered Class I under §§ 2.1043(b) or 2.924 no further submissions are necessary although the applicant is responsible for keeping records of the changes.

    Information on the procedures for equipment authorization applications can be obtained from the internet at: https://www.fcc.gov/engineering-technology/laboratory-division/general/equipment-authorization.

    Appendix A Rule Parts Referencing Equipment Certification Rule sections
  • (47 CFR)
  • Reference
    2.911, 2.1033 Applications. 11.34 EAS Equipment acceptability for filing. 15.201 Equipment Authorization Requirements. 18.203 Equipment Authorization. 20.19(b) HAC Requirements. 20.21(e)(2) Signal Boosters. 22.377 Certification of transmitters. 24.51 Equipment Authorization (including 24.52 RF Hazards). 25.129 Equipment Authorization for portable earth-station transceivers. 27.51 Equipment Authorization (including 27.52 RF Safety). 30.201 Equipment Authorization (30.201(c) refers to verification). 74.451 Certification of equipment—remote pickup. 74.750 Low Power TV (type notified). 74.851 Certification of equipment—LPAS. 80.203 Authorization of transmitters—maritime services (special manual or other type approval requirements). 87.147 Authorization of equipment—Aviation. 90.203 Certification required—Private land mobile radio. 95.335 Operation of non-certified transmitters prohibited—Personal Radio Service. 95.361 Transmitter Certification—Personal Radio Service. 95.561 FRS transmitter certification. 95.761 RCRS transmitter certification. 95.961 CBRS transmitter certification. 95.1761 GMRS transmitter certification. 95.1951 Certification—200 MHz. 95.2161 LPRS transmitter certification. 95.2361 WMTS transmitter certification. 95.2561 MedRadio transmitter certification. 95.2761 MURS transmitter certification. 95.2961 PLB and MSLD transmitter certification. 95.3161 OBU transmitter certification. 95.3361 Certification—76-81GHz Radar service. 96.49 Equipment Authorization CBRS. 97.315 Certification of external RF power amplifiers—Amateur Radio.
    Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2018-21960 Filed 10-9-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION FDIC Advisory Committee on Economic Inclusion (ComE-IN); Notice of Meeting AGENCY:

    Federal Deposit Insurance Corporation (FDIC).

    ACTION:

    Notice of Open Meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, notice is hereby given of a meeting of the FDIC Advisory Committee on Economic Inclusion (ComE-IN), which will be held in Washington, DC. The Advisory Committee will provide advice and recommendations on initiatives to expand access to banking services by underserved populations.

    DATES:

    Wednesday, October 24, 2018, from 9:00 a.m. to 4:00 p.m.

    ADDRESSES:

    The meeting will be held in the FDIC Board Room on the sixth floor of the FDIC Building located at 550 17th Street NW, Washington, DC.

    FOR FURTHER INFORMATION CONTACT:

    Requests for further information concerning the meeting may be directed to Mr. Robert E. Feldman, Committee Management Officer of the FDIC, at (202) 898-7043.

    SUPPLEMENTARY INFORMATION:

    Agenda: The agenda will be focused on the presentation and review of the FDIC's 2017 National Survey of Unbanked and Underbanked Households, a review of the UK-Financial Conduct Authority (FCA) Mobile Study, and youth employment programs and deposit accounts. The agenda is subject to change. Any changes to the agenda will be announced at the beginning of the meeting.

    Type of Meeting: The meeting will be open to the public, limited only by the space available on a first-come, first-served basis. For security reasons, members of the public will be subject to security screening procedures and must present a valid photo identification to enter the building. The FDIC will provide attendees with auxiliary aids (e.g., sign language interpretation) required for this meeting. Those attendees needing such assistance should call (703) 562-6067 (Voice or TTY) at least two days before the meeting to make necessary arrangements. Written statements may be filed with the committee before or after the meeting. This ComE-IN meeting will be Webcast live via the internet http://fdic.windrosemedia.com. Questions or troubleshooting help can be found at the same link. For optimal viewing, a high speed internet connection is recommended. The ComE-IN meeting videos are made available on-demand approximately two weeks after the event.

    Dated: October 4, 2018. Federal Deposit Insurance Corporation Valerie Best, Assistant Executive Secretary.
    [FR Doc. 2018-21992 Filed 10-9-18; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 6, 2018.

    A. Federal Reserve Bank of Minneapolis (Mark A. Rauzi, Vice President), 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Kimberly Leasing Corporation, Augusta, Wisconsin; to merge with Augusta Financial Corporation, Augusta, Wisconsin and thereby indirectly acquire, Unity Bank, of Augusta Wisconsin.

    2. Kimberly Leasing Corporation, Augusta, Wisconsin; to merge with Caprice Corporation, Augusta, Wisconsin, and thereby indirectly acquire, Unity Bank North, Red Lake Falls, Wisconsin.

    B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President), 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. Equitable Financial Corp., Grand Island, Nebraska; to become a bank holding company by acquiring 100 percent of the voting shares of Equitable Bank, Grand Island, Nebraska.

    C. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President), 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Adam Bank Group, Inc., College Station, Texas; to acquire voting shares of Andrews Holding Company, and thereby indirectly acquire Commercial State Bank, both of Andrews, Texas.

    Board of Governors of the Federal Reserve System, October 4, 2018. Ann Misback, Secretary of the Board.
    [FR Doc. 2018-21978 Filed 10-9-18; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Senior Executive Service Performance Review Board AGENCY:

    Federal Retirement Thrift Investment Board.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the appointment of the members of the Senior Executive Service Performance Review Board for the Federal Retirement Thrift Investment Board. The purpose of the Performance Review Board is to make written recommendations on each executive's annual summary ratings, performance-based pay adjustment, and performance awards to the appointing authority.

    DATES:

    This notice is applicable on October 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Kelly Powell, HR Specialist, at 202-942-1681.

    SUPPLEMENTARY INFORMATION:

    Title 5, U.S. Code, 4314(c)(4), requires that the appointment of Performance Review Board members be published in the Federal Register before Board service commences. The following persons will serve on the Federal Retirement Thrift Investment Board's Performance Review Board which will review initial summary ratings to ensure the ratings are consistent with established performance requirements, reflect meaningful distinctions among senior executives based on their relative performance and organizational results and provide recommendations for ratings, awards, and pay adjustments in a fair and equitable manner: Jim Courtney, Vijay Desai, Sean McCaffrey, and Tee Ramos.

    Dharmesh Vashee, Deputy General Counsel, Federal Retirement Thrift Investment Board.
    [FR Doc. 2018-21970 Filed 10-9-18; 8:45 am] BILLING CODE 6760-01-P
    FEDERAL TRADE COMMISSION [File No. 182 3144] VenPath, Inc.; Analysis To Aid Public Comment AGENCY:

    Federal Trade Commission.

    ACTION:

    Proposed consent agreement.

    SUMMARY:

    The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations.

    DATES:

    Comments must be received on or before October 29, 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: “VenPath, Inc.” on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/venpathconsent/ by following the instructions on the web-based form. If you prefer to file your comment on paper, write “VenPath, Inc.; File No. 1823144” 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 D), Washington, DC 20580; or deliver your comment to: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Ruth Yodaiken (202-326-2127), Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.

    SUPPLEMENTARY INFORMATION:

    Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for September 27, 2018), on the World Wide Web, at https://www.ftc.gov/news-events/commission-actions.

    You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 29, 2018. Write “VenPath, Inc.; File No. 1823144” 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 Commission 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/venpathconsent/ by following the instructions on the web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that website.

    If you prefer to file your comment on paper, write “VenPath, Inc.; File No. 1823144” 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 D), 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 (Annex D), Washington, DC 20024. If possible, 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 http://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 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 at http://www.ftc.gov to read this Notice 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 October 29, 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.

    Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (“FTC” or “Commission”) has accepted, subject to final approval, a consent agreement applicable to VenPath, Inc. (“VenPath” or “the company”).

    The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement's proposed order.

    This matter concerns alleged false or misleading representations that VenPath made to consumers concerning its participation in the Privacy Shield framework agreed upon by the U.S. and the European Union (“EU”). The Privacy Shield framework allows U.S. companies to transfer data outside the EU consistent with EU law. To join the EU-U.S. Privacy Shield framework, a company must self-certify to the U.S. Department of Commerce (“Commerce”) that it complies with a set of principles and related requirements that have been deemed by the European Commission as providing “adequate” privacy protection. The principles include notice; choice; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, enforcement, and liability. The related requirements include, for example, securing an independent recourse mechanism to handle any disputes about how the company handles information about EU citizens. Commerce reviews these applications for self-certification and maintains a public website, https://www.privacyshield.gov/list, where it posts the names of companies that have self-certified to the EU-U.S. Privacy Shield framework and completed the requirements for certification. The listing of companies indicates whether their self-certification is current. Companies are required to re-certify every year in order to retain their status as current members of the EU-U.S. Privacy Shield framework.

    VenPath offers data analytics services related to mobile apps. According to the Commission's complaint, the company has set forth on its website, https://www.venpath.net, privacy policies and statements about its practices, including statements related to the status of its participation in the EU-U.S. Privacy Shield framework.

    The Commission's complaint alleges that VenPath deceptively represented that it was a current participant in the EU-U.S. Privacy Shield framework when, in fact, it was not. The complaint also alleges that the company deceptively represented that it would abide by the EU-U.S. Privacy Shield framework principles, but did not do so. The principles include a requirement that if a company ceases to participate in the EU-U.S. Privacy Shield framework, it must affirm to Commerce that it will continue to apply the principles to personal information that it received during the time it participated in the program, but according to the complaint, VenPath did not make such an affirmation.

    Part I of the proposed order prohibits the company from making misrepresentations about its membership in any privacy or security program sponsored by the government or any other self-regulatory or standard-setting organization, including, but not limited to, the EU-U.S. Privacy Shield framework and the Swiss-U.S. Privacy Shield framework. Because the company had a certification that had lapsed, Part II requires the company to comply with the Privacy Shield requirement to continue to protect, on a going forward basis, personal information it had received while in the program, or return or delete the information.

    Parts III through VII of the proposed order are reporting and compliance provisions. Part III requires acknowledgement of the order and dissemination of the order now and in the future to persons with responsibilities relating to the subject matter of the order. Part IV ensures notification to the FTC of changes in corporate status and mandates that the company submit an initial compliance report to the FTC. Part V requires the company to retain documents relating to its compliance with the order for a five-year period.

    Part VI mandates that the company make available to the FTC information or subsequent compliance reports, as requested. Part VII is a provision “sunsetting” the order after twenty (20) years, with certain exceptions.

    The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed complaint or order or to modify the order's terms in any way.

    By direction of the Commission, Commissioner Wilson not participating.

    Donald S. Clark, Secretary.
    [FR Doc. 2018-21947 Filed 10-9-18; 8:45 am] BILLING CODE 6750-01-P
    FEDERAL TRADE COMMISSION [File No. 182 3154] SmartStart Employment Screening, Inc.; Analysis To Aid Public Comment AGENCY:

    Federal Trade Commission.

    ACTION:

    Proposed consent agreement.

    SUMMARY:

    The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations.

    DATES:

    Comments must be received on or before October 29, 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: “SmartStart Employment Screening, Inc.” on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/smartstartconsent/ by following the instructions on the web-based form. If you prefer to file your comment on paper, write “SmartStart Employment Screening, Inc.; File No. 1823154” 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 D), Washington, DC 20580; or deliver your comment to: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Ruth Yodaiken (202-326-2127), Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.

    SUPPLEMENTARY INFORMATION:

    Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for September 27, 2018), on the World Wide Web, at https://www.ftc.gov/news-events/commission-actions.

    You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 29, 2018. Write “SmartStart Employment Screening, Inc.; File No. 1823154” 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 Commission 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/smartstartconsent/ by following the instructions on the web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that website.

    If you prefer to file your comment on paper, write “SmartStart Employment Screening, Inc.; File No. 1823154” 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 D), 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 (Annex D), Washington, DC 20024. If possible, 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 http://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 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 at http://www.ftc.gov to read this Notice 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 October 29, 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.

    Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (“FTC” or “Commission”) has accepted, subject to final approval, a consent agreement applicable to SmartStart Employment Screening, Inc. (“SmartStart” or “the company”).

    The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement's proposed order.

    This matter concerns alleged false or misleading representations that SmartStart made to consumers concerning its participation in the Privacy Shield framework agreed upon by the U.S. and the European Union (“EU”). The Privacy Shield framework allows U.S. companies to transfer data outside the EU consistent with EU law. To join the EU-U.S. Privacy Shield framework, a company must self-certify to the U.S. Department of Commerce (“Commerce”) that it complies with a set of principles and related requirements that have been deemed by the European Commission as providing “adequate” privacy protection. The principles include notice; choice; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, enforcement, and liability. The related requirements include, for example, securing an independent recourse mechanism to handle any disputes about how the company handles information about EU citizens. Commerce reviews these applications for self-certification and maintains a public website, https://www.privacyshield.gov/list, where it posts the names of companies that have self-certified to the EU-U.S. Privacy Shield framework and completed the requirements for certification. The listing of companies indicates whether their self-certification is current. Companies are required to re-certify every year in order to retain their status as current members of the EU-U.S. Privacy Shield framework.

    SmartStart offers background and employment screening services. According to the Commission's complaint, the company has set forth on its website, http://www.smartstartemploymentscreeninginc.com, privacy policies and statements about its practices, including statements related to the status of its participation in the EU-U.S. Privacy Shield framework.

    The Commission's complaint alleges that SmartStart deceptively represented that it was a current participant in the EU-U.S. Privacy Shield framework when, in fact, it was not. The complaint also alleges that the company deceptively represented that it would abide by the EU-U.S. Privacy Shield framework principles, but did not do so. The principles include a requirement that if a company ceases to participate in the EU-U.S. Privacy Shield framework, it must affirm to Commerce that it will continue to apply the principles to personal information that it received during the time it participated in the program, but according to the complaint, SmartStart did not make such an affirmation.

    Part I of the proposed order prohibits the company from making misrepresentations about its membership in any privacy or security program sponsored by the government or any other self-regulatory or standard-setting organization, including, but not limited to, the EU-U.S. Privacy Shield framework and the Swiss-U.S. Privacy Shield framework. Because the company had a certification that had lapsed, Part II requires the company to comply with the Privacy Shield requirement to continue to protect, on a going forward basis, personal information it had received while in the program, or return or delete the information.

    Parts III through VII of the proposed order are reporting and compliance provisions. Part III requires acknowledgement of the order and dissemination of the order now and in the future to persons with responsibilities relating to the subject matter of the order. Part IV ensures notification to the FTC of changes in corporate status and mandates that the company submit an initial compliance report to the FTC. Part V requires the company to retain documents relating to its compliance with the order for a five-year period.

    Part VI mandates that the company make available to the FTC information or subsequent compliance reports, as requested. Part VII is a provision “sunsetting” the order after twenty (20) years, with certain exceptions.

    The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed complaint or order or to modify the order's terms in any way.

    By direction of the Commission, Commissioner Wilson not participating.

    Donald S. Clark, Secretary.
    [FR Doc. 2018-21946 Filed 10-9-18; 8:45 am] BILLING CODE 6750-01-P
    FEDERAL TRADE COMMISSION [File No. 182 3150] IDmission LLC; Analysis To Aid Public Comment AGENCY:

    Federal Trade Commission.

    ACTION:

    Proposed consent agreement.

    SUMMARY:

    The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations.

    DATES:

    Comments must be received on or before October 29, 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: “IDmission LLC” on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/idmissionconsent/ by following the instructions on the web-based form. If you prefer to file your comment on paper, write “IDmission LLC; File No. 1823150” 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 D), Washington, DC 20580; or deliver your comment to: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Ruth Yodaiken (202-326-2127), Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.

    SUPPLEMENTARY INFORMATION:

    Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for September 27, 2018), on the World Wide Web, at https://www.ftc.gov/news-events/commission-actions.

    You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 29, 2018. Write “IDmission LLC; File No. 1823150” 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 Commission 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/idmissionconsent/ by following the instructions on the web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that website.

    If you prefer to file your comment on paper, write “IDmission LLC; File No. 1823150” 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 D), 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 (Annex D), Washington, DC 20024. If possible, 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 http://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 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 at http://www.ftc.gov to read this Notice 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 October 29, 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.

    Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (“FTC” or “Commission”) has accepted, subject to final approval, a consent a