Federal Register Vol. 83, No.211,

Title: The Whole Enchilada Trail: Conditions, User Experience & Comment Survey 2019.

OMB Number: 0596-New.

Expiration Date of Approval: N/A.

Type of Request: New.

Abstract: The Moab Ranger District of the Manti-La Sal National Forest, in southeastern Utah (Region 4) is looking to amend a 2013 Needs Assessment for Recreation Special Uses. In order to increase commercial use on the Whole Enchilada trail, the 2013 Needs Assessment requires the Moab Ranger District to conduct a recreational carrying capacity study, of which the Whole Enchilada: Conditions, User Experience & Comment Survey 2019, is an integral part of that study. Furthermore, the requested information collection will provide baseline data of use and public perception that will help with future management on this increasingly popular trail. The Forest and Rangeland Renewable Resources Planning Act of 1974 (Pub. L. 93-278 Sec. 3), et al., authorizes the collection.

The Whole Enchilada is a multi-trail system that spans over 30 miles, descends more than 7000' in elevation, and traverses diverse ecosystems which are managed by two separate, yet cooperating governmental agencies—U.S. Department of Agriculture, Forest Service, and the U.S. Department of Interior, Bureau of Land Management (BLM). The popularity and subsequent use of this trail has dramatically increased on all sections of the trail. Thus, natural resource protection and maintaining positive user experiences needs to be, not only assessed, but become a priority management objective, especially for the Moab Ranger District of the Manti-La Sal National Forest.

The data will be collected via traditional paper survey to be conducted at certain trail heads and exit points along the Whole Enchilada trail system. The survey is designed to be completed on site. However, there will be a mail-in option available for those willing but unable to complete the survey on site. The survey consists of 5 pages with 20 questions. There will be tables and chairs set up at trailheads and exits to aid in survey completion. The surveys will be administered by the survey author, Zachary Lowe, by other USFS employees, and volunteers. The survey is scheduled to take place during the peak season of use on the trail system which is mid-September to mid-October of 2019. This survey is intended for use only in 2019 and not for subsequent years nor on any other trails on National Forest System (NFS) or BLM lands.

The survey seeks public input, specifically trial users, about the Whole Enchilada trail on NFS lands. The 20 questions have several formats such as multiple choice, binary (yes/no), open-ended, and likert scales (i.e.,1-5 satisfaction scale). The survey is intended for any user of the group willing to take the survey. The targeted user groups include: Individuals, commercially-guided individuals, special use permittees (i.e., outfitters and guides, shuttle companies), non-governmental entities (i.e., trail work organizations, user-group organizations, and/or environmental groups), and other non-Forest Service and Bureau of Land Management (BLM) affiliated individuals or groups (i.e., other stakeholders and partners).

The survey asks for user type (hiker, biker, et al.), user experience levels (beginner, intermediate, et al.), user age and user sex. Access information—specific trailhead, mode of transport to trail heads, access road conditions, quantity of access—is also asked. Survey takers are asked to describe conditions of Forest Service trails and facilities as well as describe their experience and satisfaction on the Whole Enchilada. These questions ask users to rate the acceptability of the trail, facilities, overall use and management of trails, other user groups, user encounters and/or conflicts, perceptions of crowding. Several questions ask about acceptance of potential Forest Service actions to protect resources and provide the best user experience such as additional fees, increased Forest Service presence/patrols, increased trail work, restricted commercial use, increased commercial use, limitations on user type, and other use related issues.

The data and information will be complied and analyzed by the author of the survey. All collected data will be run through different statistical analyses by the author and volunteer statisticians to acquire useful and beneficial information about the trail. This data will be used in and presented as part of a recreational carrying capacity study for the Whole Enchilada trail system. The survey will help gauge the public's perception of conditions of trails, facilities, usage and Forest Service managerial actions. The data collected from the public, in concert with the carrying capacity study, will help determine future management objectives and actions related to the Whole Enchilada trail system.

If the survey were not to occur, vital stakeholder information would be absent from the recreation carrying capacity study and would be incomplete for all intents and purposes. Without the survey, the subsequent carrying capacity study would be incomplete and lacking baseline data including public perceptions about use and conditions. The aforementioned 2013 Needs Assessment that requires the Manti-La Sal National Forest to conduct a carrying capacity study, and by proxy, a public survey, would be unmet and the Forest Service could not potentially increase commercial use on the Whole Enchilada trail system. This trail has seen increased use and popularity in the last decade and current management standards may be inadequate for natural resource protection and public demand/access to this trail system.

Estimate of Annual Burden: Each survey will take anywhere from 15-20 minutes to complete fully.

Type of Respondents: Public individuals: Trail users (hikers, bikers, etc.), outfitter and guides (commercially using the trail), and local business owners (whom use the trail).

Estimated Annual Number of Respondents: 1,000 Maximum for one year in 2019.

Estimated Annual Number of Responses per Respondent: 1.

Estimated Total Annual Burden on Respondents: 20,000 minutes.

Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency's estimate of the burden 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 to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the request for Office of Management and Budget approval.

The Granite Meadows Project area totals approximately 83,000 acres, and includes approximately 70,000 acres of National Forest System (NFS) lands within the New Meadows and McCall Ranger Districts on the Payette National Forest. Additionally, the project area includes approximately 7,000 acres of state land and 6,000 acres of private land, where proposed treatments would be covered under the Wyden Authority (Wyden Amendment, Section 323(A) of the Department of Interior and Related Agencies Appropriations Act, 1999 as included in Pub. L. 105-277, Div. A, Section 101(e) as amended by Pub. L. 111-11, Section 3001). Actions proposed for use under the Wyden Authority would meet the intent and requirements of state and federal laws for actions on private and/or state lands. The project is located in the Hard Creek, Hartsell Creek-North Fork Payette River, Elk Creek-Little Salmon River, Lower Meadows Valley-Little Salmon River, Round Valley Creek-Little Salmon River, Sixmile Creek-Little Salmon River, Box Creek-North Fork Payette River, Fisher Creek, and Payette Lake subwatersheds with the Little Salmon and North Fork of the Payette subbasins.

The Granite Meadows project is a landscape-scale effort to improve conditions across multiple resource areas. The need for the project is based on the difference between the existing and desired conditions. The desired conditions for this project are based upon the Payette Forest Plan (USDA Forest Service 2003), and the Watershed Condition Framework (USDA Forest Service 2011).

There is a need to increase the diversity and resilience of the landscape with an emphasis on promoting early seral and fire resistent species (e.g., ponderosa pine and western larch), and improving watershed function and integrity. There is also a need to reduce the threat of unnaturally high wildfire intensity, especially in areas adjacent to communities. Additionally, there is a need to address the potential for user conflict and improve forest user safety, and effectively manage areas experiencing detrimental impacts from dispersed or unauthorized recreation. There is also a need for economic stimulation for the communities adjacent to and within the project area.

The purpose of the Granite Meadows Project is to:

A. Move vegetation toward desired conditions defined in the Forest Plan with an emphasis on improving wildlife habitat; reducing the risk of uncharacteristic and undesirable wildland fire; returning fire to the ecosystem; promoting the development of large tree forest structures mixed with a mosaic of size classes; improving growth, maintaining and promoting seral species composition (e.g., quaking aspen, whitebark pine, western larch, ponderosa pine, and Douglas-fir), and increasing resiliency to insects, disease, and fire.

B. Support the development of fire-adapted rural communities.

C. Provide for a safe, sustainable and efficient NFS transportation network for administration, utilization, and protection of NFS lands, and reduce road-related negative effects to resources.

D. Move subwatersheds within the project area toward the desired conditions for soil, water, riparian, and aquatic resources.

E. Implement site-specific streambank and wetland restoration activities where stream channels, wetlands, or riparian areas are in a degraded condition.

F. Manage recreation use by improving trails, addressing unauthorized trails, improving other recreation infrastructure, and thus improve soil and water conditions while also minmizing the potential for conflicts between users, and addressing the risk to forest users.

G. Contribute to the economic vitality of the communities adjacent to the Payette National Forest through improvements to recreational opportunities, timber sales, and other removals of forest products, which also fosters a resilient, adaptive ecosystem to mitigate wildfire risk and strengthen communities.

The Proposed Action for the Granite Meadows project includes vegetative treatments (commerical, non-commerical, prescribed burning, and associated actions); watershed improvement and restoration treatments; and recreation improvements. Additionally, coordination with existing permittees on grazing programs would occur within the project area to meet the purpose and need of reducing the risk of uncharacteristic and undesirable wildland fire.

The Forest Service proposes a combination of commercial treatments, non-commerical treatments (NCT) and prescribed burning across the project area. Treatments would be designed to improve wildlife habitat conditions, increase growth rates and tree vigor, improve stand resiliency to natural disturbance, reduce density-related competition, reduce the likelihood of extreme fire behavior in thinned tree stands, and increase potential for firefighter and public safety through reduced fire intensity, if a wildfire should occur. Treatments could occur within the outer portions of some riparian conservation areas (RCAs) where necessary to meet the purpose and need. Treatments would incorporate mitigation measures to address potential effects to soil, water, riparian and aquatic resources. Recurrent application of the necessary treatments (primarily prescribed fire) every 5 to 20 years would maintain the desired condition.

Commercial Vegetative Treatments: Treatments would occur on approximately 25,000 acres and would a incorporate a variety of silvicultural systems, including both intermediate and regneration treatments, depending on stand conditions and species composition. The primary target for commercial treatments are accessible stands where removal of commercial sized trees would aid in achieving one or more of the following: Maintaining or restoring the desired vegetative conditions at the landscape scale; meeting wildland urban interface (WUI) objectives (e.g., supports the development of fire-adapted rural communities and/or reduces the risk of uncharacteristic and undesirable wildland fire); and/or meeting recreation objectives, such as improving skier experience and safety at Brundage Ski Resort.

Non-Commercial Treatments: Non-commercial thinning (NCT) would occur on approximately 75,000 acres and would be completed in areas of commercial harvest as well as outside of commercial harvest. This would consist of trees generally less than ten inches diameter at breast height (DBH). Primary target acres for NCT consist of stands within 1/2 mile of structures; plantations; high-use recreation areas where vegetation management would maintain or enhance recreation objectives; areas with forest health concerns due to insect and disease; areas with with undesirable competition to early seral species; areas where density related stress/mortality is undesirable; and/or roadside treatments to improve ingress and egress routes.

Prescribed Fire Treatments: Prescribed fire treatments would occur on approximately 83,000 acres. Nearly all of the project area (excluding the Bruin Mountain Reasearch Natural Area and additional areas deemed unsuited or critical) would be considered for prescribed fire over the next 20 years. Commercial activities would generally be completed prior to the application of fire, except where the application of fire prior to thinning does not affect commercial activities. Approximately 500 to 10,000 acres of prescribed fire would be applied annually.

Associated Actions: Activities associated with implementing the above vegetative treaments include road maintenance and use; temporary roads, road relocation, rock pits, brush disposal, site preparation, and planting.

Through agreements between the USDA Forest Service, willing private landowners, county governments, and Idaho Department of Lands (i.e., those identified within the project area boundary), treatments would seek to meet the purpose and need for the project and could include non-commercial thinning, prescribed fire, brush disposal, planting and seeding of native vegetation, watershed improvements (e.g., culvert replacements and stream stabilization), and road repair. Actions proposed as part of this project would comply with all laws applicable to management of state and private land. Agreements under the Wyden Authority would not restrict or preclude these land owners from managing or implementing other additional activities on their lands. Funding for activities outside the scope or purpose authorized under the Wyden Authority would have to be funded by other sources.

These activities would include NFS road treatments, unauthorized route treatments, streambank and wetland restoration activities, and fish passage improvements. Road management actions for this project would utilize the McCall and New Meadows Ranger District Travel Analysis recommendations (completed in 2014 and 2015, respectively). Unauthorized routes not needed for future management would also be evaluated for some level of restoration treatment as required by Forest Service Manual 7734.01. and 7734.02. Site-specific streambank and wetland restoration actions would occur in Sater Meadows, Mud Creek, or other areas across the project area where stream channels, wetlands, or riparian areas are in a degraded condition. Actions to improve stream channels, riparian habitat, and wetlands may include: Streambank stabilization, minor channel re-alignment, fence reconstruction, and planting native vegetation. These actions may also include placement of instream or streambank structures such as, but not limited to, rock, large woody debris, beaver dam analogs (BDAs), and barriers to prevent unauthorized motorized travel in sensitive areas. Road-crossing improvements have been identified in the project area to improve fish passage and hydrologic connectivity, including crossings in the Round Valley Creek Little Salmon River subwatershed, the Sixmile Creek Little Salmon River subwatershed, and in the Upper Goose Creek subwatershed.

To meet the purpose and need for the project, recreation improvements would include:

(A) Improving the existing trail system by establishing user-created (unauthorized) trails as system trails where appropriate, converting some roads to trails, and removing user-created trails that negetatively impact watershed and soil health;

(B) replacing or repairing existing facilities, including restrooms and lake amenities;

(C) addressing dispersed recreation issues by enhancing sites, hardening sites, closing some sites, and/or sign installation;

(D) managing roads (including relocation), posting signage and/or considering closure orders (temporary and/or permanent) to address public safety in areas where conflicting use occurs; and

(E) improving skier experience and safety through vegetative treatments within the Brundage Mountain Resort's ski area.

More detailed information on the purpose and need for the project as well as the Proposed Action can be found on the project page of the Payette National Forest website at: http://www.fs.usda.gov/project/?project=54029.

The Forest Supervisor of the Payette National Forest is the Responsible Official.

The Responsible Official will decide whether or not, and in what manner, lands within the Granite Meadows project area would be treated to best meet the purpose and need. The decision will be based on a consideration of the environmental effects of implementing the proposed action or alternatives. The Responsible Official may select the proposed action, any alternative analyzed in detail, a modified proposed action or alternative, or no action. If an action alternative is selected, the Responsible Official will determine what design features, mitigation measures and monitoring requirements are included in the decision.

This notice of intent initiates the scoping process, which helps guide the development of the environmental impact statement. It is important that reviewers provide their comments at such times and in such a manner that they are useful to the Agency's preparation of the environmental impact statement. Therefore, comments should be provided prior to the close of the comment period and should clearly articulate the reviewer's concerns and contentions.

Comments received in response to this solicitation, including names and addresses of those who comment, will be part of the public record for this project. Comments submitted anonymously however will also be accepted and considered; however, anonymous comments will not provide the Agency with the ability to provide the respondent with subsequent information concerning the project.

The Office of Management and Budget's (OMB) regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that the Agency is submitting to OMB for revision.

Comments are invited on (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumption used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques on other forms and information technology. Comments may be sent to Michele Brooks, Team Lead, Rural Development Innovation Center—Regulatory Team, USDA, 1400 Independence Ave. SW, STOP 1522, Room 5162 South Building, Washington, DC 20250-1522. Telephone: (202) 690-1078. Email: [email protected].

Title: 7 CFR Part 4280-E, Rural Business Development Grants.

OMB Control Number: 0570-0070.

Type of Request: Extension of currently approved package.

Abstract: The Agricultural Act of 2014, Public Law 113-79 (2014 Farm Bill) (7 U.S.C. 1932(c)), authorizes the Rural Business Development Grant (RBDG) program to facilitate the development of small and emerging private businesses, industries, and related employment as well as identifying and analyzing business opportunities, establishing business support centers, and providing training, technical assistance, and planning for improving the economy in rural communities.

Estimate of Burden: Public reporting burden for this collection of information is estimated to average 22.3 hours per responses.

Estimated Number of Respondents: 920.

Estimated Number of Total Annual Responses per Respondents: 20,517.

Estimated Total Annual Burden on Respondents: 64,773.

Copies of this information collection can be obtained from MaryPat Daskal, Rural Development Innovation Center—Regulatory Team, at (202) 720-7853. Email: [email protected].

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

The Office of Management and Budget's (OMB) regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that RUS is submitting to OMB for reinstatement.

Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to: Michele Brooks, Team Lead, Rural Development Innovation Center—Regulatory Team, U.S. Department of Agriculture, STOP 1522, 1400 Independence Ave. SW, Washington, DC 20250-1522. Telephone: (202) 690-1078. FAX: (202) 720-8435. Email: [email protected].

Title: Lien Accommodations and Subordinations, 7 CFR 1717, Subparts R & S.

OMB Control Number: 0572-0100.

Type of Request: Revision of a currently approved collection.

Abstract: The Rural Electrification (RE) Act of 1936, as amended (7 U.S.C. 901 et seq.), authorizes and empowers the Administrator of RUS to make loans in the several United States and Territories of the United States for rural Electrification and the furnishing of electric energy to persons in rural areas who are not receiving central station service. The RE Act also authorizes and empowers the Administrator of RUS to provide financial assistance to borrowers for purposes provided in the RE Act by accommodating or subordinating loans made by the national Rural Utilities Cooperative Finance Corporation, the Federal Financing Bank, and other lending agencies. Title 7 CFR part 1717, subparts R & S sets forth policy and procedures to facilitate and support borrowers' efforts to obtain private sector financing of their capital needs, to allow borrowers greater flexibility in the management of their business affairs without compromising RUS loan security, and to reduce the cost to borrowers, in terms of time, expenses and paperwork, of obtaining lien accommodations and subordinations. The information required to be submitted is limited to necessary information that would allow the Agency to make a determination on the borrower's request to subordinate and accommodate their lien with other lenders.

Estimate of Burden: Public Reporting burden for this collection of information is estimated to average 19 hours per response.

Respondents: Not-for-profit institutions; Business or other for profit.

Estimated Number of Respondents: 1.

Estimated Number of Responses per Respondent: 1.

Estimated Total Annual Burden on Respondents: 19.25 hours.

Copies of this information collection can be obtained from Kimble Brown, Regulations Team, Innovation Center, at (202) 692-0043 or email: [email protected].

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

Members of the public can listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-256-1007, conference ID: 4021474. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.

Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 230 S Dearborn Street, Suite 2120, Chicago, IL 60604. They may also be faxed to the Commission at (312) 353-8324 or emailed to David Barreras at [email protected]. Persons who desire additional information may contact the Midwestern Regional Office at (312) 353-8311.

Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Missouri Advisory Committee link (https://facadatabase.gov/committee/committee.aspx?cid=258&aid=17). Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address.

This meeting is available to the public through the following toll-free call-in number: 877-260-1479, conference ID number: 6060733. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-877-8339 and providing the Service with the conference call number and conference ID number.

Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S. Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012. They may be faxed to the Commission at (213) 894-0508, or emailed Ana Victoria Fortes at [email protected]. Persons who desire additional information may contact the Regional Programs Unit at (213) 894-3437.

Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at https://facadatabase.gov/committee/meetings.aspx?cid=276. Please click on the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission's website, https://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

Members of the public can listen to these discussions. These meetings are available to the public through the above call in numbers. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-877-8339 and providing the Service with the conference call number and conference ID number.

Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 230 S. Dearborn, Suite 2120, Chicago, IL 60604. They may also be faxed to the Commission at (312) 353-8324, or emailed to Corrine Sanders at [email protected]. Persons who desire additional information may contact the Regional Programs Unit at (312) 353-8311.

Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Arkansas Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

1. Background

The Office of Personnel Management (OPM) approved the Department of Commerce (DoC) demonstration project for an alternative personnel management system, and published the final plan in the Federal Register on Wednesday, December 24, 1997 (62 FR 67434). The demonstration project was designed to simplify current classification systems for greater flexibility in classifying work and paying employees; establish a performance management and rewards system for improving individual and organizational performance; and improve recruiting and examining to attract highly-qualified candidates. The purpose of the project was to strengthen the contribution of human resources management and test whether the same innovations conducted under the National Institute of Standards and Technology alternative personnel management system would produce similarly successful results in other DoC environments. The project was implemented on March 29, 1998. The project plan has been modified twelve times to clarify certain DoC Demonstration Project authorities, and to extend and expand the project: 64 FR 52810 (September 30, 1999); 68 FR 47948 (August 12, 2003); 68 FR 54505 (September 17, 2003); 70 FR 38732 (July 5, 2005); 71 FR 25615 (May 1, 2006); 71 FR 50950 (August 28, 2006); 74 FR 22728 (May 14, 2009); 80 FR 25 (January 2, 2015); 81 FR 20322 (April 7, 2016); 81 FR 40653 (June 22, 2016); 81 FR 54787 (August 17, 2016); and 82 FR 1688 (January 6, 2017). With the passage of the Consolidated Appropriations Act, 2008, Public Law 110-161, on December 26, 2007, the project was made permanent (extended indefinitely) and renamed the Commerce Alternative Personnel System (CAPS).

CAPS provides for modifications to be made as experience is gained, results are analyzed, and conclusions are reached on how the system is working. This notice announces that the DoC expands CAPS to include additional bargaining unit and non-bargaining unit employees in the OAR, located in the Earth Systems Research Laboratory (ESRL), the Great Lakes Environmental Research Laboratory (GLERL), and the Pacific Marine Environmental Research Laboratory (PMEL); and adds the Investigative Analysis Series, 1805 to the Administrative (ZA) career path.

The DoC will follow the CAPS plan as published in the Federal Register on December 24, 1997, and subsequent modifications as listed in the Background Section of this notice.

CAPS is designed to (1) improve hiring and allow DoC to compete more effectively for high-quality candidates through direct hiring, selective use of higher entry salaries, and selective use of recruitment incentives; (2) motivate and retain staff through higher pay potential, pay-for-performance, more responsive personnel systems, and selective use of retention incentives; (3) strengthen the manager's role in personnel management through delegation of personnel authorities; and (4) increase the efficiency of personnel systems through the installation of a simpler and more flexible classification system based on pay banding through reduction of guidelines, steps, and paperwork in classification, hiring, and other personnel systems, and through automation.

The current participating organizations include 1 office of the Deputy Secretary in the Office of the Secretary, 6 offices of the Chief Financial Officer/Assistant Secretary for Administration in the Office of the Secretary; the Bureau of Economic Analysis; 2 units of the National Telecommunications and Information Administration (NTIA): the Institute for Telecommunication Sciences and the First Responder Network Authority (an independent authority within NTIA); and 12 units of the National Oceanic and Atmospheric Administration: Office of Oceanic and Atmospheric Research, National Marine Fisheries Service, the National Environmental Satellite, Data, and Information Service, National Weather Service—Space Environment Center, National Ocean Service, Program Planning and Integration Office, Office of the Under Secretary, Marine and Aviation Operations, Office of the Chief Administrative Officer, Office of the Chief Financial Officer, the Workforce Management Office, and the Office of the Chief Information Officer.

This amendment modifies the December 24, 1997, Federal Register notice. Specifically, it expands DoC CAPS to include additional OAR bargaining unit and non-bargaining unit employees located in the ESRL, GLERL, and the PMEL; and adds the Investigative Analysis Series, 1805 to the Administrative (ZA) career path

CAPS is designed to provide supervisors/managers at the lowest organizational level the authority, control, and flexibility to recruit, retain, develop, recognize, and motivate its workforce, while ensuring adequate accountability and oversight.

OAR is the primary research and development organization within NOAA. OAR research results allow decision makers to make effective judgements in order to prevent the loss of human life and conserve and manage natural resources while maintaining a strong economy. OAR conducts research programs in coastal, marine, atmospheric, and space sciences through its own laboratories and offices, as well as through networks of university-based programs. The work consists of research, modeling, and environmental observations relating to weather and air quality, climate, and ocean and coastal resources. Since the inception of the demonstration project in 1997, and subsequent modification/expansion notices, units of OAR have participated in CAPS, with the exception of the GLERL, and the PMEL. In October 2005, the ESRL was formed, which absorbed the following former demonstration project covered units: Aeronomy Laboratory, Air Resources Laboratory—Surface Radiation Research Branch, Climate Diagnostics Center, Climate Monitoring and Diagnostics Laboratory, Environmental Technology Laboratory, and the Forecast Systems Laboratory. Subsequent reorganizations have occurred within OAR, resulting in the alignment of additional bargaining and non-bargaining unit General Schedule (GS) employees under ESRL. With the majority of ESRL employees being covered by an alternative personnel management system, a determination was made to have one uniform pay system and to convert the remaining GS ESRL workforce under CAPS.

The expansion of CAPS coverage to include the remaining OAR laboratories and the bargaining unit and non-bargaining unit GS employees of ESRL will allow OAR to continue to benefit from the flexibilities provided by CAPS and should improve the organization's ability to recruit and retain a high-quality workforce by offering one uniform pay system throughout OAR.

DoC's CAPS allows for modifications of procedures if no new waiver from law or regulation is added. Given that this expansion and modification is in accordance with existing law and regulation and CAPS is a permanent alternative personnel system, the DoC is authorized to make the changes described in this notice.

Employee notification of this expansion will be accomplished by providing a full set of briefings to employees and managers and providing them electronic access to all CAPS policies and procedures, including the twelve previous Federal Register Notices. A copy of this Federal Register notice will also be accessible electronically upon approval. Subsequent supervisor training and informational briefings for all employees will be accomplished prior to the implementation date of the expansion.

Labor organizations were notified about the CAPS expansion pertaining to their bargaining unit membership. Bargaining-unit employees are covered by AFGE Local 2186, Boulder, Colorado, and AFGE Local 3908, Ann Arbor, Michigan.

The CAPS at DoC, published in the Federal Register on December 24, 1997 (62 FR 67434), is amended as follows:

1. The following organization will be added to the project plan, Section II D—Participating Organizations

Within the National Oceanic and Atmospheric Administration (NOAA),

Office of Oceanic and Atmospheric Research, (OAR),

Great Lakes Environmental Research Laboratory (GLERL)

Pacific Marine Environmental Research Laboratory (PMEL)

Additional employees in the following:

Earth Science Research Laboratory (ESRL)

2. The following bargaining units are added to the project plan, Section II F—Labor Participation Table 4—Bargaining Unit Coverage.

3. The following series is added to the project plan, Section II E. Participating Employees—Table 2.—Occupational Series by Career Path

This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 25, 2018.1 On August 21, 2018, Commerce postponed the preliminary determination of this investigation and the revised deadline is now October 24, 2018.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://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 the electronic versions of the Preliminary Decision Memorandum are identical in content.

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

In accordance with the preamble to Commerce's regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice.

Commerce is conducting this investigation in accordance with section 731 of the Act. Export price was calculated in accordance with section 772(a) of the Act. Normal value (NV) was calculated in accordance with section 773 of the Act for Paras Intermediates Private Limited (Paras). Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences for Kumar Industries, India (Kumar). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.

Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.

In this investigation, Commerce preliminary assigned a rate based entirely on adverse facts available to Kumar. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Paras. Consequently, the rate calculated for Paras is also assigned as the rate for all-other producers and exporters.

Commerce preliminarily determines that the following estimated weighted-average dumping margins exist:

In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, adjusted for export subsidies, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins, adjusted for export subsidies, determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin, adjusted for export subsidies, established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin, adjusted for export subsidies.

Commerce normally adjusts the estimated weighted-average dumping margin by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. Any such adjusted rates may be found in the “Preliminary Determination” section above.

Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice.

Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

As provided in section 782(i) of the Act, Commerce intends to verify the information relied upon in making its final determination. Thus Commerce intends to verify the information provided by Paras. Furthermore, we are affording Kumar an opportunity to remedy deficiencies in its reporting for this preliminary determination. In the event we find Kumar's information to be satisfactory, then, as provided in section 782(i) of the Act, we intend to verify this information for our final determination.

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, 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.

Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce's regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.

On September 19, 2018, pursuant to 19 CFR 351.210(e), Paras requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.10 On September 21, 2018, Commerce received a like request from Kumar.11 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination.

In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.

This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

Background

This review covers one producer/exporter of the subject merchandise, Villares Metals S.A. (Villares). When the review was initiated, the period of review (POR) was February 1, 2017 through January 31, 2018. However, on October 3, 2018, as a result of a five-year (sunset) review, Commerce revoked the antidumping duty order on imports of stainless steel bar (SSB) from Brazil, effective August 9, 2017. As a result, the POR was revised to February 1, 2017, through August 8, 2017.1

The merchandise subject to the order is SSB. The SSB subject to the order is currently classifiable under subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2

Commerce is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed export price and export price were calculated in accordance with section 772 of the Act. Normal value was calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public 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 Commerce's Central Records Unit, located at Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached at the Appendix to this notice.

As a result of this review, we preliminarily determine that the following weighted-average dumping margin exists for Villares for the period February 1, 2017, through August 8, 2017.

We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary results.3

Pursuant to 19 CFR 351.309(c), 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 not later than five days after the date for filing case briefs.4 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.5

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance. All documents must be filed electronically using ACCESS, which is available to registered users at http://access.trade.gov. An electronically filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.6 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 those raised in the respective case briefs.

Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1) and (2).

Upon issuance of the final results, Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries covered by this revised POR. If Villares' weighted-average dumping margin continues to be above de minimis in the final results of this review, we will calculate importer-specific assessment rates based on the ratio of the total amount of antidumping duties calculated for each importers' examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1).7 If Villares' weighted-average dumping margin is zero or de minimis in the final results of this review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews. 8

For entries of subject merchandise during the POR produced by Villares for which it did not know 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 or companies involved in the transaction.

We intend to issue instructions to CBP 15 days after publication of the final results of this review.

In the Revocation Notice, Commerce stated that it intends to issue instructions to CBP to terminate the suspension of liquidation and to discontinue the collection of cash deposits on entries of subject merchandise, entered or withdrawn from warehouse, on or after August 9, 2017.9 Furthermore, because the antidumping duty order on SSB from Brazil has been revoked as a result of the Revocation Notice, Commerce will not issue cash deposit instructions at the conclusion of this administrative review.

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 prior to liquidation of the relevant entries during this period of review. Failure to comply with this requirement could result in the Secretary'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 351.213(h)(1) and 351.221(b)(4).

Background

This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 25, 2018.1 On August 21, 2018, Commerce postponed the preliminary determination of this investigation to October 24, 2018.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it 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 the electronic versions of the Preliminary Decision Memorandum are identical in content.

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

In accordance with the preamble to Commerce's regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice.

Commerce is conducting this investigation in accordance with section 731 of the Act. Constructed export price was calculated in accordance with section 772(b) of the Act. Normal value was calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.

In accordance with section 733(e) of the Act and 19 CFR 351.206, we preliminarily determine that critical circumstances do not exist with regard to imports of glycine from Thailand. For a full discussion, see the Preliminary Decision Memorandum.

For this preliminary determination, Commerce calculated a zero estimated weighted-average dumping margin for Newtrend Food Ingredient (Thailand) Co., Ltd. (Newtrend), the only mandatory respondent in this investigation.

Consistent with section 733(d) of the Act, Commerce has not calculated an estimated weighted-average dumping margin for all-other producers and exporters because it has not made an affirmative preliminary determination of sales at LTFV.

Because Commerce has made a negative preliminary determination of sales at LTFV with regard to subject merchandise, U.S. Customs and Border Protection will not be directed to suspend liquidation on entries of glycine from Thailand.

Commerce intends to disclose its calculations and analysis to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

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

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation, unless otherwise indicated. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.7 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, 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.

Section 735(a)(2)(B) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of a negative preliminary determination, a request for such postponement is made by the petitioners.8 On September 14, 2018, the petitioners requested that Commerce postpone the final determination.9 In accordance with section 735(a)(2)(B) of the Act, because the preliminary determination is negative, and the petitioners have requested the postponement of the final determination, Commerce is postponing the final determination. Accordingly, Commerce will make its final determination by no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.

In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine 75 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.

This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 25, 2018.1 On August 21, 2018, Commerce postponed the preliminary determination of this investigation and the revised deadline is now October 24, 2018.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://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 the electronic versions of the Preliminary Decision Memorandum are identical in content.

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

In accordance with the preamble to Commerce's regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice.

Commerce is conducting this investigation in accordance with section 731 of the Act. Export price was calculated in accordance with section 772(a) of the Act. Normal value (NV) was calculated in accordance with section 773 of the Act for Yuki Gosei Kogyo Co., Ltd. (Yuki Gosei). Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences for Showa Denko K.K. (Showa Denko). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.

Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.

In this investigation, Commerce preliminarily assigned a rate based entirely on adverse facts available to Showa Denko. We did not calculate a company-specific rate for Nagase & Co., Ltd. (Nagase).7 The cash deposit rate requirements for Nagase will be determined consistent with the Suspension of Liquidation section of this notice. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Yuki Gosei. Consequently, the rate calculated for Yuki Gosei is also assigned as the rate for all-other producers and exporters.

Commerce preliminarily determines that the following estimated weighted-average dumping margins exist:

In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin.

Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

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

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, 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.

Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce's regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.

On September 18, 2018, pursuant to 19 CFR 351.210(e), Yuki Gosei and Nagase requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.10 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination.

In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.

This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

Species Covered in This Notice

The proposed Enhancement of Survival Permit and Agreement are intended to promote the survival and recovery of endangered CCC Coho Salmon and threatened CCC Steelhead.

Enhancement of Survival Permits are issued in accordance with section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations governing ESA-listed fish and wildlife permits (50 CFR parts 222-227). NMFS issues permits based on findings that such permits: (1) Were applied for in good faith; (2) if granted and exercised would not operate to the disadvantage of the listed species that are the subject of the permit; and (3) are consistent with the purposes and policy set forth in section 2 of the ESA. The authority to take ESA-listed species is subject to conditions set forth in the permits.

Under a Safe Harbor Agreement, participating landowners voluntarily undertake management activities on their property to enhance, restore, or maintain habitat benefiting species listed under the ESA (16 U.S.C. 1531 et seq.). Safe Harbor Agreements, and the subsequent Enhancement of Survival Permits that are issued pursuant to section 10(a)(1)(A) of the ESA, encourage private and other non-Federal property owners to implement conservation efforts for listed species by assuring property owners that they will not be subjected to increased property-use restrictions as a result of their efforts to attract listed species to their property and increase the numbers or distribution of these species already on their property. Application requirements and issuance criteria for Enhancement of Survival Permits through Safe Harbor Agreements are found in 50 CFR 222.308(b), 222.308(c), and the Announcement of Final Safe Harbor Policy published on June 17, 1999 (64 FR 32717). These permits allow any necessary future incidental take of covered species above the mutually agreed-upon baseline conditions for those species in accordance with the terms and conditions of the permits and accompanying agreements.

An interested party may submit data, views, arguments, or a request for a hearing with respect to the action proposed in the application or related matters. Anyone requesting a hearing on a matter pursuant to this notice should set out the specific reasons why a hearing on that matter would be appropriate (see ADDRESSES). Such hearings are held at the discretion of the Assistant Administrator for Fisheries, NMFS.

E. & J. Gallo Winery, (Applicant) is requesting that NMFS issue it an Enhancement of Survival Permit and approve an associated proposed Agreement that it developed with NMFS. The Enhancement of Survival Permit will facilitate implementation of the Agreement that is expected to promote the recovery of CCC Coho Salmon and CCC Steelhead on non-Federal property within Porter Creek on the Applicant's MacMurray Ranch. Porter Creek is a tributary to the Russian River in Sonoma County, California. The proposed duration of the Agreement and the associated Enhancement of Survival Permit is three years. The proposed Enhancement of Survival Permit would authorize the incidental taking of CCC Coho Salmon and CCC Steelhead that may be associated with covered activities including beneficial management activities (i.e., reservoir releases) and the return of the enrolled property to baseline conditions at the end of the Agreement, as defined in the Agreement. The Agreement specifies the beneficial management activities to be carried out on the enrolled property and the schedule for implementing those activities.

The Agreement requires that the Applicant maintain baseline condition for the covered species habitat on the enrolled property. NMFS has reviewed the baseline condition for the enrolled property as it is defined in the Agreement. The Agreement also contains a monitoring component that requires the Applicant to ensure compliance with the terms and conditions of the Agreement, and that the baseline levels of habitat for the covered species occurs on the enrolled property. Results of the monitoring efforts will be provided to NMFS by the Applicant in an annual report for the duration of the three-year permit term.

Upon all parties' execution of this Agreement, and consistent with the NMFS' Safe Harbor Policy (64 FR 32717), NMFS will issue an Enhancement of Survival Permit to the Applicant. The Enhancement of Survival Permit will authorize the Applicant to take CCC Coho Salmon and CCC Steelhead incidental to the implementation of the covered activities specified in the Agreement, incidental to other lawful uses of the enrolled property, and to return to baseline conditions if desired at the end of the Agreement. In addition to meeting other criteria, actions to be performed under the Enhancement of Survival Permit must not jeopardize the existence of Federally listed species.

This notice is provided pursuant to section 10(c) of the ESA. NMFS will evaluate the application, associated documents, and comments submitted to determine whether the application meets the applicable requirements of section 10(a) of the ESA and Federal regulations. NMFS' decision on whether to issue the permit will not be made until after the end of the 30-day comment period.

NMFS will publish notice of its final action in the Federal Register.

The Board, which consists of a balanced representation from academia, industry, state government and citizens groups, was established in 1976 by Section 209 of the Sea Grant Improvement Act (Pub. L. 94-461, 33 U.S.C. 1128). The Board advises the Secretary of Commerce and the Director of the NSGCP with respect to operations under the Act, and such other matters as the Secretary refers to them for review and advice. Individuals Selected for Federal Advisory Committee Membership: Upon selection and agreement to serve on the National Sea Grant Advisory Board, you become a Special Government Employee (SGE) of the United States Government. According to 18 U.S.C. 202(a), an SGE is an officer or employee of an agency who is retained, designated, appointed, or employed to perform temporary duties, with or without compensation, not to exceed 130 days during any period of 365 consecutive days, either on a full time or intermittent basis. Please be aware that after the selection process is complete, applicants selected to serve on the Board must complete the following actions before they can be appointed as a Board member:

(a) Security Clearance (online Background Security Check process and fingerprinting), and other applicable forms, both conducted through NOAA Workforce Management; and (b) Confidential Financial Disclosure Report as an SGE, you are required to file a Confidential Financial Disclosure Report annually to avoid involvement in a real or apparent conflict of interest. You may find the Confidential Financial Disclosure Form at the following website. https://www2.oge.gov/web/oge.nsf/Confidential%20Financial%20Disclosure.

Matters to be Considered: Board members will discuss and provide advice on the National Sea Grant College Program (NSGCP) in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the agenda found on the NSGCP website at http://seagrant.noaa.gov/WhoWeAre/Leadership/NationalSeaGrantAdvisoryBoard/UpcomingAdvisoryBoardMeetings.aspx.

(2) This notice also responds to the Sea Grant Program Improvement Act of 1976, which requires the Secretary of Commerce to solicit nominations at least once a year for membership on the National Sea Grant Advisory Board. To apply for membership to the Board applicants should submit a current resume. A cover letter highlighting specific areas of expertise relevant to the purpose of the Board is helpful, but not required. Nominations will be accepted by email or U.S. mail (see Addresses or Contact Information sections). NOAA is an equal opportunity employer.

Status: The meeting will be open to public participation with a 15-minute public comment period on December 10th at 4:45-5:00 p.m. ET. (check agenda using link in the Matters to be Considered section to confirm time.) The Board expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of three (3) minutes. Written comments should be received by Ms. Donna Brown by Wednesday, December 5, 2018 to provide sufficient time for Board review. Written comments received after the deadline will be distributed to the Board, but may not be reviewed prior to the meeting date. Seats for the meeting will be available on a first-come, first-serve basis.

Special Accommodations: The Board meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Donna Brown by Friday, November 30, 2018.

Issuance of EFPs and related permits are necessary because HMS regulations (e.g., regarding fishing seasons, prohibited species, authorized gear, closed areas, and minimum sizes) may otherwise prohibit the collection of live animals and/or biological samples for data collection and public display purposes or may otherwise prohibit certain fishing activity that NMFS has an interest in permitting or acknowledging. Pursuant to 50 CFR parts 600 and 635, a NMFS Regional Administrator or Director may authorize, for limited testing, public display, data collection, exploratory fishing, compensation fishing, conservation engineering, health and safety surveys, environmental cleanup, and/or hazard removal purposes, the target or incidental harvest of species managed under an FMP or fishery regulations that would otherwise be prohibited. These permits exempt permit holders from the specific portions of the regulations that may otherwise prohibit the collection of HMS for public education, public display, or scientific research. Permit holders are not exempted from the regulations in their entirety. Collection of HMS under EFPs, SRPs, display, and shark research fishery permits represents a small portion of the overall fishing mortality for HMS, and this mortality is counted against the quota of the species harvested, as appropriate and applicable. The terms and conditions of individual permits are unique; however, all permits will include reporting requirements, limit the number and/or species of HMS to be collected, and only authorize collection in Federal waters of the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.

EFPs and related permits are issued under the authority of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and/or the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et seq.). Regulations at 50 CFR 600.745 and 635.32 govern scientific research activity, exempted fishing, and exempted public display and educational activities with respect to Atlantic HMS. Because the Magnuson-Stevens Act states that scientific research activity which is conducted on a scientific research vessel is not fishing, NMFS issues LOAs and not EFPs for bona fide research activities (e.g., scientific research being conducted from a research vessel and not a commercial or recreational fishing vessel) involving species that are only regulated under the Magnuson-Stevens Act (e.g., most species of sharks) and not under ATCA. NMFS generally does not consider recreational or commercial vessels to be bona fide research vessels. However, if the vessels have been contracted only to conduct research and not participate in any commercial or recreational fishing activities during that research, NMFS may consider those vessels as bona fide research platforms while conducting the specified research. For example, in the past, NMFS has determined that commercial pelagic longline vessels assisting with population surveys for sharks may be considered “bona fide research vessels” while engaged only in the specified research. For such activities, NMFS reviews scientific research plans and may issue an LOA acknowledging that the proposed activity is scientific research under the Magnuson-Stevens Act. Examples of research acknowledged by LOAs include tagging and releasing sharks during bottom longline surveys to understand the distribution and seasonal abundance of different shark species, and collecting and sampling sharks caught during trawl surveys for life history and bycatch studies.

While scientific research is not defined as “fishing” subject to the MSA, scientific research is not exempt from regulation under ATCA. Therefore, NMFS issues SRPs that authorize researchers to collect HMS from bona fide research vessels for collection of species managed under this statute (e.g., tunas, swordfish, and billfish). One example of research conducted under SRPs consists of scientific surveys of tunas, swordfish and billfish conducted from NOAA research vessels.

EFPs are issued for activities conducted from commercial or recreational fishing vessels. Examples of activities conducted under EFPs include collection of young-of-year bluefin tuna for genetic research; conducting billfish larval tows from private vessels to determine billfish habitat use, life history, and population structure, and tagging sharks caught on commercial or recreational fishing gear to determine post-release mortality rates.

NMFS is also seeking public comment on its intent to issue display permits for the collection of sharks and other HMS for public display in 2019. Collection of sharks and other HMS sought for public display in aquaria often involves collection when the commercial fishing seasons are closed, collection of otherwise prohibited species (e.g., sand tiger sharks), and collection of fish below the regulatory minimum size. Under Amendment 2 to the 2006 Consolidated Atlantic HMS Fishery Management Plan, NMFS determined that dusky sharks cannot be collected for public display.

The majority of EFPs and related permits described in this annual notice relate to scientific sampling and tagging of Atlantic HMS within existing quotas and the impacts of the activities to be conducted usually have been previously analyzed in various environmental assessments and environmental impact statements for Atlantic HMS management. In most such cases, NMFS intends to issue these permits without additional opportunity for public comment beyond what is provided in this notice. Occasionally, NMFS receives applications for research activities that were not anticipated, or for research that is outside the scope of general scientific sampling and tagging of Atlantic HMS, or rarely, for research that is particularly controversial. Should NMFS receive such applications, NMFS will provide additional opportunity for public comment, consistent with the regulations at 50 CFR 600.745.

On June 19, 2017, NMFS received an application for an EFP requesting an exemption from the regulations that prohibit the retention of bluefin tuna with unauthorized gear onboard. See 50 CFR 635.19(b). This application was submitted by the Cape Cod Commercial Fishermen's Alliance (CCCFA). The applicants suggested that with the use of electronic monitoring (EM) and through issuance of an EFP, there would be sufficient at-sea monitoring to verify the catch of bluefin tuna occurred with authorized gear (e.g., rod and reel and harpoon gear) and not on the unauthorized gear onboard the vessel (e.g., benthic longline, jigging machines, handgear, demersal gillnet, or otter trawl). An EFP was issued to the CCCFA on October 2, 2017 and exempted 5 vessels from 50 CFR 635.19(b). The permit was amended twice, to extend the expiration date to December 31, 2018 and add an additional vessel. To date no fishing has occurred under this permit. NMFS expects to receive an application to renew this EFP for 2019. Comments are invited specifically on these issues related to issuance of a similar permit to the CCCFA this year.

In addition, Amendment 2 to the 2006 Consolidated HMS Fishery Management Plan (FMP) implemented a shark research fishery. This research fishery is conducted under the auspices of the exempted fishing permit program. Shark research fishery permit holders assist NMFS in collecting valuable shark life history and other scientific data required in shark stock assessments. Since the shark research fishery was established in 2008, the research fishery has allowed for: The collection of fishery dependent data for current and future stock assessments; the operation of cooperative research to meet NMFS' ongoing research objectives; the collection of updated life-history information used in the sandbar shark (and other species) stock assessment; the collection of data on habitat preferences that might help reduce fishery interactions through bycatch mitigation; the evaluation of the utility of the mid-Atlantic closed area on the recovery of dusky sharks; the collection of hook-timer and pop-up satellite archival tag information to determine at-vessel and post-release mortality of dusky sharks; and the collection of sharks to update the weight conversion factor from dressed weight to whole weight. Fishermen who wish to participate must fill out an application for a shark research fishery permit under the exempted fishing program. Shark research fishery participants are subject to 100-percent observer coverage. All non-prohibited shark species brought back to the vessel dead must be retained and will count against the appropriate quotas of the shark research fishery participant. In recent years, all participants of the shark research fishery were limited to a very small number of dusky shark mortalities on a regional basis. Once the designated number of dusky shark mortalities occurs in a specific region certain terms and conditions are applied (e.g., soak time limits). If subsequent interactions occur in the region all shark research fishery activities must stop within that region. Participants would continue to be limited to two sets per trip, with one set limited to 150 hooks and the second set limited to 300 hooks. All participants are also limited to a maximum of 500 hooks onboard the vessel while on a shark research fishery trip. A Federal Register notice describing the specific objectives for the shark research fishery in 2019 and requesting applications from interested and eligible shark fishermen is expected to publish in the near future. NMFS requests public comment regarding NMFS' intent to issue shark research fishery permits in 2019 during the comment period of this notice.

The authorized number of specimens that have been authorized thus far under EFPs and other related permits for 2018, as well as the number of specimens collected in 2017, is summarized in Table 1. The number of specimens collected in 2018 will be available when all 2018 interim and annual reports are submitted to NMFS. In 2017, the number of specimens collected was less than the number of authorized specimens for all permit types, other than SRPs issued for shark research.

In all cases, mortalities associated with EFPs, SRPs, or display permits (except for larvae) are counted against the appropriate quota. NMFS issued a total of 33 EFPs, SRPs, display permits, and LOAs in 2017 for the collection of HMS and 5 shark research fishery permits. As of October 3, 2018, NMFS has issued a total of 39 EFPs, SRPs, display permits, and LOAs and 6 shark research fishery permits.

Final decisions on the issuance of any EFPs, SRPs, display permits, and shark research fishery permits will depend on the submission of all required information about the proposed activities, NMFS' review of public comments received on this notice, an applicant's reporting history on past permits, if vessels or applicants were issued any prior violations of marine resource laws administered by NOAA, consistency with relevant NEPA documents, and any consultations with appropriate Regional Fishery Management Councils, states, or Federal agencies. NMFS does not anticipate any significant environmental impacts from the issuance of these EFPs, consistent with the assessment of such activities within the environmental impacts analyses in existing HMS actions, including the 1999 FMP, the 2006 Consolidated HMS FMP and its amendments, the Environmental Assessment for the 2012 Swordfish Specifications, and the Environmental Assessment for the 2015 Final Bluefin Tuna Quota and Atlantic Tuna Fisheries Management Measures.

NMFS is also planning to hold a public webinar/conference call for potential applicants to the EFP program due to requests for additional information from some of the current applicants and a need to clarify some terms and conditions and agency expectations. NMFS will present a brief overview of the program, clarify a number of issues we have encountered from applicants when they are applying for these permits, and conduct a question and answer session. Requests for language interpretation or other auxiliary aids should be directed to Craig Cockrell at 301-427-8503, at least 7 days prior to the meeting. A NMFS representative will attempt to structure the meeting so that all attending members of the public will be able to comment if they so choose. If attendees do not respect the ground rules they will be asked to leave the public webinar/conference call.

Section 4314(c)(1) through (5) of Title 5, U.S.C., requires each agency to establish, in accordance with regulations, one or more Senior Executive Service performance review boards. The boards shall review and evaluate the initial appraisal of senior executives' performance by supervisors and make recommendations to the appointing authority or rating official relative to the performance of these executives.

The Department of the Army Performance Review Board will be composed of a subset of the following individuals:

The Board's charter is being renewed, pursuant to 10 U.S.C. 4355 and in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(a). The Board's charter and contact information for the Board's Designated Federal Officer (DFO) can be found at https://gsageo.force.com/FACA/apex/FACAPublicAgencyNavigation.

The Board provides the President of the United States independent advice and recommendations on morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and any other matters relating to the Academy (the Academy) that the Board decides to consider. Pursuant to 10 U.S.C. 4355(d) and (f), the Board shall visit the Academy annually. With the approval of the Secretary of the Army, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. The Board shall submit a written report to the President within 60 days after its annual visit to the Academy, to include the Board's views and recommendations pertaining to the Academy. Any report of a visit, other than the annual visit, shall, if approved by a majority of the members of the Board, be submitted to the President within 60 days after the approval.

The Board is composed of no more than 15 members: (a) The Chair of the Committee on Armed Services of the Senate, or designee; (b) three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate; (c) the Chair of the Committee on Armed Services of the House of Representatives, or designee; (d) four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the Committee on Appropriations of the House of Representatives; and e. six persons designated by the President. Except for reimbursement of official Board-related travel and per diem, Board members serve without compensation.

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

NDOT's stated Project purpose is to advance the Scribner to West Point segment of the Norfolk to Fremont Expressway, maximize utilization of existing transportation infrastructure and right-of-way, including connecting highways (N-9, N-32, and N-91), improve the safety and reliability of the roadway, provide a more efficient roadway that improves regional connectivity for the traveling public, including commercial traffic, in northeast Nebraska, and to fulfill the Nebraska Legislature mandates contained in Legislative Bill [LB] 632 and LB 84. The necessity for the expansion of this portion of US-275 arises from legislation, lack of connectivity between urban centers, and high average daily traffic use.

A public scoping meeting will be held Thursday, November 8, 2018 to describe why the Project is needed, preliminary alternatives, the NEPA compliance process, and to solicit input on the issues and alternatives to be evaluated and other related matters. Written comments will also be requested. The Corps has prepared handout materials and developed an EIS website to familiarize other agencies, the public, and interested organizations with the preliminary Project alternatives and potential environmental issues that may be involved. Copies of these handout materials will be available at the public scoping meeting or can be requested by mail. The EIS website can be found at http://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nebraska/.

The Corps has invited Natural Resources Conservation Service, U.S. Environmental Protection Agency, Federal Highway Administration, U.S. Fish and Wildlife Service, Nebraska Department of Environmental Quality, and Nebraska Game and Parks Commission to be cooperating agencies in the preparation of the EIS. Additionally, the Corps has invited the Nebraska State Historic Preservation Office and the Nebraska Department of Natural Resources to serve as commenting agencies during the preparation of the EIS.

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

Title of Collection: A Study of Reliability and Consequential Validity of a Mathematics Diagnostic Assessment System in Georgia.

OMB Control Number: 1850-NEW.

Type of Review: A new information collection.

Respondents/Affected Public: Individuals or Households.

Total Estimated Number of Annual Responses: 44.

Total Estimated Number of Annual Burden Hours: 606.

Abstract: Several school districts in Georgia (including Forsyth and Jefferson Counties) currently use the Individual Knowledge Assessment of Number (IKAN; New Zealand Ministry of Education, 2011) and the Global Strategy Stage (GloSS; New Zealand Ministry of Education, 2012) as part of a diagnostic assessment system within their multi-tiered systems of support. The IKAN and GloSS assessments were designed for use in Grades K-8 (GaDOE, 2015).

IKAN provides information on students' number knowledge (that is, magnitude comparisons, knowledge of base 10 system and meaning of decimals and fractions), and the GloSS provides information on strategies students use when solving mathematical problems. When used together, the IKAN and GloSS assessments furnish teachers with information on how students solve mathematics problems and students' understanding of whole and rational number concepts. Teachers can then use the information from the assessments to tailor their instruction to students' levels of understanding and address problems that underlie lack of success with grade-level curriculum.

The Georgia Department of Education (GaDOE) has received positive feedback through testimonials from district-level personnel and math coaches supporting the use of IKAN/GloSS. Yet, very limited psychometric data exists to support the use of these measures. GaDOE has not conducted reliability or validity studies using its student population. While many studies have been conducted in New Zealand by the Ministry of Education, participating Georgia school districts and the GaDOE are interested in psychometric data using teachers and students in their state in the context of their state system of standards, assessments, and accountability. Thus, through the Improving Mathematics Research Alliance, the GaDOE requested REL Southeast conduct a study to determine the reliability and validity of the IKAN/GloSS diagnostic assessments.

The three research questions guiding the project relate to the inter-assessor reliability of the GloSS and IKAN assessments when administered by two assessors within a one-week period and the consequential validity of using IKAN and GloSS diagnostic assessments (that is, teachers' perception of their instructional utility for providing intervention).

Student data from the IKAN and GloSS assessments administered by teachers and mathematics coaches will be used to answer the two research questions related to the inter-assessor reliability studies.

Under section 153(a)(1)(I) of the Education Sciences Reform Act of 2002, 20 U.S.C. 9543(a)(1)(I), which authorizes NCES to gather data on the financing and management of education, NCES collects data annually from SEAs through ED Form 2447. The report from SEAs includes attendance, revenue, and expenditure data from which NCES determines a State's “average per-pupil expenditure” (SPPE) for elementary and secondary education, as defined in section 8101(2) of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7801(2)).

In addition to using the SPPE data as general information on the financing of elementary and secondary education, the Secretary uses these data directly in calculating allocations for certain formula grant programs, including, but not limited to, title I, part A, of the ESEA, Impact Aid, and Indian Education programs. Other programs, such as the Education for Homeless Children and Youth program under title VII of the McKinney-Vento Homeless Assistance Act, and the Student Support and Academic Enrichment Grants under title IV, part A of the ESEA make use of SPPE data indirectly because their formulas are based, in whole or in part, on State title I, part A, allocations.

In January 2019, the Census Bureau, acting as the data collection agent for NCES, will email ED Form 2447 to SEAs, with instructions, and will request that SEAs commence submitting FY 2018 data to the Census Bureau on Thursday, January 31, 2019. SEAs are urged to submit accurate and complete data by Friday, March 29, 2019, to facilitate timely processing.

Submissions by SEAs to the Census Bureau will be analyzed for accuracy and returned to each SEA for verification. SEAs must submit all data, including any revisions to FY 2017 and FY 2018 data, to the Census Bureau no later than Thursday, August 15, 2019. Any resubmissions of FY 2017 or FY 2018 data by SEAs in response to requests for clarification or reconciliation or other inquiries by NCES or the Census Bureau must be completed by Tuesday, September 3, 2019. Between August 15, 2019, and September 3, 2019, SEAs may also, on their own initiative, resubmit data to resolve issues not addressed in their final submission of NPEFS data by August 15, 2019. All outstanding data issues must be reconciled or resolved by the SEAs, NCES, and the Census Bureau as soon as possible, but no later than September 3, 2019.

In order to facilitate timely submission of data, the Census Bureau will send reminder notices to SEAs in June and July of 2019.

Having accurate, consistent, and timely information is critical to an efficient and fair Department of Education (Department) allocation process and to the NCES statistical process. To ensure timely distribution of Federal education funds based on the best, most accurate data available, the Department establishes, for program funding allocation purposes, Thursday, August 15, 2019, as the final date by which the SEAs must submit data using either the interactive survey form on the NPEFS data collection website at: http://surveys.nces.ed.gov/ccdnpefs or ED Form 2447.

Any resubmissions of FY 2017 or FY 2018 data by SEAs in response to requests for clarification or reconciliation or other inquiries by NCES or the Census Bureau must be completed through the interactive survey form on the NPEFS data collection website or ED Form 2447 by Tuesday, September 3, 2019. If an SEA submits revised data after the final deadline that result in a lower SPPE figure, the SEA's allocations may be adjusted downward, or the Department may direct the SEA to return funds. SEAs should be aware that all of these data are subject to audit and that, if any inaccuracies are discovered in the audit process, the Department may seek recovery of overpayments for the applicable programs.

Purpose of the Committee: The Hydrogen and Fuel Cell Technical Advisory Committee (HTAC) was established under section 807 of the Energy Policy Act of 2005 (EPACT), Public Law 109-58; 119 Stat. 849, to provide advice and recommendations to the Secretary of Energy on the program authorized by Title VIII of EPACT.

Tentative Agenda: (updates will be posted on the web at: http://hydrogen.energy.gov/advisory_htac.html).

Public Participation: The meeting is open to the public. Individuals who would like to attend and/or to make oral statements during the public comment period must register no later than 5:00 p.m. on Monday, December 3, 2018, by email at [email protected]. Entry to the meeting room will be restricted to those who have confirmed their attendance in advance. Please provide your name, organization, citizenship, and contact information. Anyone attending the meeting will be required to present government-issued identification. Those wishing to make a public comment are required to register. The public comment period will take place between 8:30 a.m. and 9:00 a.m. on December 12, 2018. Time allotted per speaker will depend on the number who wish to speak but will not exceed five minutes. Those not able to attend the meeting or have insufficient time to address the committee are invited to send a written statement to [email protected].

Minutes: The minutes of the meeting will be available for public review at http://hydrogen.energy.gov/advisory_htac.html.

A. Purpose

DOE's Alternative Dispute Resolution Office is one of four entities required by the Technology Transfer Commercialization Act of 2000 to collect reports from technology partnership ombudsmen at each DOE national laboratory. These reports are intended to demonstrate the extent to which each national laboratory has incorporated alternative dispute resolution techniques into its respective technology transfer program.

DOE has previously collected reports from ombudsmen using a one-page form. DOE proposes replacing the existing form with a quarterly email concerning the number, nature, and resolution of disputes raised, in a format prescribed by DOE, from each technology partnership ombudsman. The following estimates of the annual reporting burden reflect a reduced burden on the public:

Respondents: 17.

Responses per Respondent: 4.

Annual Responses: 68.

Estimated Hours per Response: 0.25.

Estimated Annual Burden Hours: 17.

Estimated Cost per Hour: $50.

Estimated Startup and Maintenance Costs: $0.

Estimated Annual Reporting Cost Burden: $850.

Comments are particularly invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

Requesters may obtain a copy of the information collection document from Phillip Harmonick at the address listed in ADDRESSES.

FERC-545, Gas Pipeline Rates: Rate Change (Non-formal)

Title: FERC-545, Gas Pipeline Rates: Rate Change (Non-formal).

OMB Control No.: 1902-0154.

Type of Request: Three-year extension of the FERC-545 information collection requirements with no changes to the current reporting requirements.

Abstract: FERC-545 is required to implement sections 4, 5, and 16 of the Natural Gas Act (NGA), (15 U.S.C. 717c-717o, Pub. L. 75688, 52 Stat. 822 and 830). NGA sections 4, 5, and 16 authorize the Commission to inquire into rate structures and methodologies and to set rates at a just and reasonable level. Specifically, a natural gas company must obtain Commission authorization for all rates and charges made, demanded, or received in connection with the transportation or sale of natural gas in interstate commerce.

Under the NGA, a natural gas company's rates must be just and reasonable and not unduly discriminatory or preferential. The Commission may act under different sections of the NGA to effect a change in a natural gas company's rates. When the Commission reviews rate increases that a natural gas company has proposed, it is subject to the requirement of section 4(e) of the NGA. Under section 4(e), the natural gas company bears the burden of proving that its proposed rates are just and reasonable. On the other hand, when the Commission seeks to impose its own rate determination, it must do so in compliance with section 5(a) of the NGA. Under section 5, the Commission must first establish that its alternative rate proposal is both just and reasonable.

Section 16 of the NGA states that the Commission “shall have the power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regulations as it may find necessary or appropriate to carry out provisions of [the NGA].” In other words, section 16 of the NGA grants the Commission the power to define accounting, technical and trade terms, prescribe forms, statements, declarations or reports, and to prescribe rules and regulations.

Pipelines adjust their tariffs to meet market and customer needs. The Commission's review of these proposed changes is required to ensure rates remain just and reasonable and that services are not provided in an unduly or preferential manner. The Commission's regulations in 18 CFR part 154 specify what changes are allowed and the procedures for requesting Commission approval.

The Commission uses information in FERC-545 to examine rates, services, and tariff provisions related to natural gas transportation and storage services. The following filing categories are part of FERC-545: (1) Tariff Filings—filings regarding proposed changes to a pipeline's tariff (including Cost Recovery Mechanisms for Modernization of Natural Gas Facilities filings in Docket No. PL15-1) and any related compliance filings; (2) Rate Filings—rate-related filings under NGA sections 4 and 5 and any related compliance filings and settlements; (3) Informational Reports; (4) Negotiated Rate and Non-Conforming Agreement Filings; and (6) Market-Based Rates for Storage Filings (Part 284.501-505). One-time compliance filings mandated in Order No. 587-W (Docket Nos. RM96-1-038 and RM14-2-003) and Order No. 801 (Docket No. RM14-21-000) are excluded from this data collection renewal.

Type of Respondents: Natural gas pipelines under the jurisdiction of NGA.

Estimate of Annual Burden: 1 The Commission estimates the annual public reporting burden and cost for the information collection as:

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed either online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries Area Sources (40 CFR part 63, subpart ZZZZZ) apply to both new and existing iron and/or steel foundries that are an area source of hazardous air pollutants (HAP) emissions. There are different requirements for foundries based on size. Existing foundries with an annual metal melt production greater that 20,000 tons and new foundries with an annual melt capacity of 10,000 tons are classified as large foundries. Existing foundries with an annual metal melt capacity of 10,000 tons or less are classified as small foundries. Research and development facilities are not covered by the rule. New facilities include those that commenced construction, modification or reconstruction after the date of proposal. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 63, subpart ZZZZZ.

Form Numbers: None.

Respondents/affected entities: Iron and steel foundries.

Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart ZZZZZ).

Estimated number of respondents: 392 (total).

Frequency of response: Initially, occasionally, quarterly, semiannually, and annually.

Total estimated burden: 9,140 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $1,000,000 (rounded) (per year). No annualized capital and/or operation & maintenance costs are included.

Changes in the estimates: There is an adjustment increase in the total estimated respondent burden compared with the ICR currently approved by OMB. While the overall number of respondents has decreased from 427 to 392 since the previous ICR renewal to account for shutdown facilities, this renewal includes a burden estimate for each existing respondent to familiarize themselves with regulatory requirements each year. As a result, there is a net increase in the burden hours as compared to the previous ICR renewal.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

Abstract: The EPA promulgated the Air Emissions Reporting Requirements (AERR) (40 CFR part 51, subpart A) to coordinate emissions inventory reporting requirements with existing requirements of the Clean Air Act and 1990 Amendments. Under this reporting, 55 state and territorial air quality agencies, including the District of Columbia, as well as an estimated 20 local air quality agencies, must submit emissions data every 3 years for all point, non-point, on-road mobile, and non-road mobile sources of volatile organic compounds, oxides of nitrogen, carbon monoxide, sulfur dioxide, particulate matter less than or equal to 10 micrometers in diameter, particulate matter less than or equal to 2.5 micrometers in diameter, ammonia, and lead. In addition, the air quality agencies must submit annually emission data for point sources with the potential to emit at greater than specified levels of those pollutants.

The data supplied to the emission reporting requirement is needed so that the EPA can compile and make available a national inventory of air pollutant emissions. A comprehensive inventory updated at regular intervals is essential to allow the EPA to fulfill its mandate to monitor and plan for the attainment and maintenance of the national ambient air quality standards established for criteria pollutants.

Form Numbers: None.

Respondents/affected entities: State, territorial and local government air quality managements programs. Tribal governments are not affected unless they have sought and obtained treatment as state status under the Tribal Authority Rule and on that basis, are authorized to implement and enforce the AERR rule.

Respondent's obligation to respond: Mandatory under 23 U.S.C. 101; 42 U.S.C 7401-7671q, and the authority of the AERR.

Estimated number of respondents: 75 (total).

Frequency of response: Annual.

Total estimated burden: 47,248 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $4,513,390 (per year), includes $225,000 annualized capital or operation & maintenance costs.

Changes in the Estimates: Change in hours/cost is due to the reduction of the total estimated respondents from the ICR currently approved by OMB.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

Abstract: All contractors who have completed an EPA cost-reimbursement type contract will be required to submit EPA Form 1900-10. EPA Form 1900-10 summarizes all costs incurred in performance of the contract and sets forth the final indirect rates. This form is reviewed by the contracting officer to determine the final costs reimbursable to the contractor. The Federal Acquisition Regulation (FAR) 52.216-7 states that the Government will pay only the costs determined to be allowable by the contracting officer in accordance with FAR Subpart 31.2. Furthermore, FAR 52.216-7 states that indirect cost rates shall be established for each fiscal year at the close of a contractor's fiscal year. EPA Form 1900-10 summarizes this information for the entire contract period and provides a basis for cost review by contracting, finance, and audit personnel. In addition, FAR 4.804-5 mandates that the office administering the contract shall ensure that the costs and indirect cost rates are settled.

Form Numbers: EPA Form 1900-10.

Respondents/affected entities: All contractors who have completed an EPA cost-reimbursement type contract.

Respondent's obligation to respond: Mandatory (FAR 52.216-7).

Estimated number of respondents: 5 (total).

Frequency of response: Once, at the end of the contract.

Total estimated burden: 32 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $4,602 (per year), includes $0 annualized capital or operation & maintenance costs.

Changes in the Estimates: There is no change in the hours in the total estimated respondent burden compared with the ICR currently approved by OMB.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Inorganic Arsenic Emissions from Primary Copper Smelters (40 CFR part 61, subpart O) apply to existing facilities and new facilities where the total arsenic charging rate for the copper converter department averaged over a 1-year period is greater than 75 kg/hr (165 lb/hr), as determined under 40 CFR 61.174(f). New facilities include those that commenced construction or reconstruction after the date of proposal. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 61, subpart O.

Form Numbers: None.

Respondents/affected entities: Owners and operators of primary copper smelter facilities.

Respondent's obligation to respond: Mandatory.

Estimated number of respondents: 3 (total).

Frequency of response: Initially, quarterly, and annually.

Total estimated burden: 2,380 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $263,000 (per year), which includes $1,500 in annualized capital/setup and/or operation & maintenance costs.

Changes in the Estimates: This is a reinstatement of a previously approved collection. There is an adjustment decrease in the total estimated burden and cost previously identified in the OMB Inventory of Approved Burdens. This decrease is due to a decrease in the number of sources.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

Abstract: The New Source Performance Standards (NSPS) for Metal Coil Surface Coating (40 CFR part 60, subpart TT) apply to the following surface coating lines in the metal coil surface coating industry: Each prime coat operation; each finish coat operation; and each prime and finish coat operation cured simultaneously, where the finish coat is applied wet-on-wet over the prime coat. In general, all NSPS standards require initial notification reports, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 60, subpart TT.

Form Numbers: None.

Respondents/affected entities: Metal coil surface coating facilities.

Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart TT).

Estimated number of respondents: 158 (total).

Frequency of response: Initially, quarterly, occasionally, semiannually, and annually.

Total estimated burden: 16,200 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $1,950,000 (per year), which includes $170,000 in annualized capital/startup and/or operation & maintenance costs.

Changes in the Estimates: There is an increase in the respondent burden currently identified in the OMB Inventory of Approved Burdens. The increase is attributed to several adjustments: (1) This renewal allows time for each source to re-familiarize themselves with the rule requirements each year; (2) this renewal adjusted the frequency of recordkeeping requirements to match the requirements in the rule; and (3) this renewal assumed 10 percent of the sources would have excess emissions and would have to report quarterly instead of semi-annually.

There is a decrease in the capital and O&M costs currently identified in the OMB Inventory of Approved Burdens. The decrease is attributed to an adjustment. The previous renewal had estimated O&M costs related to temperature monitoring for all sources; however, only 80 percent of the sources are anticipated to comply with the rule using incineration.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov, or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Vinyl Chloride (40 CFR part 61, subpart F) apply to new and existing plants that produce: Ethylene dichloride (EDC) by reaction of oxygen and hydrogen chloride with ethylene; vinyl chloride (VC) by any process; and one or more polymers containing any fraction of polymerized VC. This Subpart does not apply to equipment used in research and development if the reactor used to polymerize the VC has a capacity of no more than 0.19 m3. New facilities include those that commenced construction or reconstruction after the date of proposal. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 61, subpart F.

Form Numbers: None.

Respondents/affected entities: Ethylene dichloride, polyvinyl chloride and vinyl chloride plants.

Respondent's obligation to respond: Mandatory (40 CFR part 61, subpart F).

Estimated number of respondents: 16 (total).

Frequency of response: Initially, quarterly and occasionally.

Total estimated burden: 6,540 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $1,410,000 (per year), which includes $720,000 in annualized capital/startup and/or operation & maintenance costs.

Changes in the Estimates: There is an adjustment decrease in the estimated respondent burden and costs as currently identified in the OMB Inventory of Approved Burdens. This is not due to any program changes. The change has occurred due to a decrease in the number of respondents complying with this rule. Based on the Agency's consultation with the Vinyl Institute, the number of sources has decreased from an average of 18 sources in the previous ICR to an average of 16 sources for the current ICR period.

Supporting documents, which explain in detail the information that the EPA, will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov, or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Wood Furniture Manufacturing Operations (40 CFR part 63, subpart JJ) apply to both existing and new wood furniture manufacturing operations that are major sources of hazardous air pollutants (HAPs). A “major source” is a stationary source or group of stationary sources that emit or have the potential to emit 10 tons per year (tpy) or more of a HAP or 25 tpy or more of a combination of HAPs. New facilities include those that commenced construction, modification, or reconstruction after the date of proposal. These standards also apply to existing and new incidental sources and to area sources. These sources are only required to maintain purchase or usage records demonstrating that they meet the definition for incidental or area sources. Incidental and area sources are not subject to any other provisions of these standards. An “incidental source,” as defined in these standards, is a major source that is primarily engaged in the manufacture of products other than wood furniture or wood furniture components, and that uses no more than 100 gallons per month of finishing material or adhesives in the manufacture of wood furniture or wood furniture components. An “area source” is any stationary source that is not a major source.”

In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 63, subpart JJ.

Form Numbers: None.

Respondents/affected entities: Wood furniture manufacturing facilities.

Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart JJ).

Estimated number of respondents: 856 (total).

Frequency of response: Initially, occasionally, quarterly, semiannually, and annually.

Total estimated burden: 70,800 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $7,780,000 (per year), which includes $24,600 in annualized capital/startup and/or operation & maintenance costs.

Changes in the estimates: The increase in burden hours and the number of responses from the most-recently approved ICR is due to several adjustments: (1) This ICR accounts for the time for each source to refamiliarize themselves with the regulatory requirements each year; and (2) this ICR added in one-time requirements for reconstructed and modified sources that were missing from the previous renewal and edited the frequency of records to better match regulatory requirements. Overall, these changes resulted in an increase of 4,565 hours.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov, or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

Abstract: The New Source Performance Standards (NSPS) for Hot Mix Asphalt Facilities (40 CFR part 60, subpart I) apply to hot mix asphalt facilities that commenced construction or modification after June 11, 1973. A hot mix asphalt facility is comprised only of any combination of the following: Dryers; systems for screening, handling, storing, and weighing hot aggregate; systems for loading, transferring, and storing mineral filler; systems for mixing hot mix asphalt; and the loading, transfer, and storage systems associated with emission control systems. In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 60, subpart I.

Form Numbers: None.

Respondents/affected entities: Hot mix asphalt facilities.

Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart I).

Estimated number of respondents: 4,955 (total).

Frequency of response: Initially.

Total estimated burden: 25,000 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $2,620,000 (per year), which includes $0 annualized capital/startup and/or operation & maintenance costs.

Changes in the estimates: There is an adjustment increase in the estimated burden and number of responses as currently identified in the OMB Inventory of Approved Burdens. The change in burden occurred because the number of respondents, subject to these standards, has increased since the last ICR renewal period. In addition, this ICR assumes all existing respondents will have to familiarize with the regulatory requirements each year.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

Abstract: The New Source Performance Standards (NSPS) for Lime Manufacturing (40 CFR part 60, subpart HH) apply to each existing and new rotary lime kiln used in the manufacturing of lime. These standards do not apply to facilities used in the manufacture of lime at kraft pulp mills. New facilities include those that commenced construction, modification or reconstruction after the date of proposal. In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 60, subpart HH.

Form Numbers: None.

Respondents/affected entities: Lime manufacturing plants.

Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart HH).

Estimated number of respondents: 41 (total).

Frequency of response: Initially and semiannually.

Total estimated burden: 3,820 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $463,000 (per year), which includes $61,500 in annualized capital/startup and/or operation & maintenance costs.

Changes in the estimates: There is an adjustment increase in the respondent labor hours and costs as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in the burden and cost estimates occurred due to a change in assumption. This ICR assumes all existing respondents will have to familiarize with the regulatory requirements each year.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Rubber Tire Manufacturing (40 CFR part 63, subpart XXXX) apply to existing and new facilities that are involved in rubber processing, tire production, tire cord production, and puncture sealant application. New facilities include those that commenced construction or reconstruction after the date of proposal. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 63, subpart XXXX.

Form Numbers: None.

Respondents/affected entities: Rubber tire manufacturers.

Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart XXXX).

Estimated number of respondents: 23 (total).

Frequency of response: Initially, occasionally, semiannually, and annually.

Total estimated burden: 6,520 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $910,000 (per year), which includes $0 annualized capital/startup and/or operation & maintenance costs.

Changes in the estimates: This ICR reflects the requirements for on-going compliance (existing facilities) with the rule. The number of sources presented in this ICR reflects current data obtained from industry, including information on the use of compliance alternatives used by the affected facilities. Based on consultations with the trade group, no facilities are using control devices to comply with the requirements.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

Abstract: Section 609 of the Clean Air Act Amendments of 1990 (Act) provides general guidelines for the servicing of motor vehicle air conditioners (MVACs). It states that “no person repairing or servicing motor vehicles for consideration may perform any service on a motor vehicle air conditioner involving the refrigerant for such air conditioner without properly using approved refrigerant recycling equipment and no such person may perform such service unless such person has been properly trained and certified.” In 1992, EPA developed regulations under section 609 that were published in 57 FR 31242, and codified at 40 CFR Subpart B (Section 82.30 et seq.). The information required to be collected under the section 609 regulations is: Approved refrigerant handling equipment; approved independent standards testing organizations; technician training and certification; and certification, reporting and recordkeeping.

Form Numbers: None.

Respondents/affected entities: The following is a list of NAICS codes for organizations potentially affected by the information requirements covered under this ICR. It is meant to include any establishment that may service or maintain motor vehicle air conditioners.

Respondent's obligation to respond: Mandatory (40 CFR 82.36, 82.38, 82.40, 82.42).

Estimated number of respondents: 45,902 (per year).

Frequency of response: On occasion, biennially, only once.

Total estimated burden: 4,130 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $218,009 (per year), includes $0 annualized capital or operation & maintenance costs.

Changes in estimates: There is a decrease of 33 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This decrease is due in part to a decrease in the number of new technician certifications and the time allotted for maintenance of the technician certification records. The time associated with the maintenance of these records has decreased, recognizing the move towards electronic recordkeeping which may be more efficient. Additionally, a decrease in the market for small containers of CFC-12 refrigerant has also decreased the burden.

Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

Abstract: This information collection request pertains to trade secrecy claims submitted under Section 322 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). EPCRA contains provisions requiring facilities to report to state and local authorities, and EPA, the presence of extremely hazardous substances (Section 302), inventory of hazardous chemicals (Sections 311 and 312) and manufacture, process and use of toxic chemicals (Section 313). Section 322 of EPCRA allows a facility to withhold the specific chemical identity from these EPCRA reports if the facility asserts a trade secret for that chemic claim for that chemical identity. The provisions in Section 322 establish the requirements and procedures that facilities must follow to request trade secret treatment of chemical identities, as well as the procedures for submitting public petitions to the Agency for review of the “sufficiency” of trade secret claims.

Trade secret protection is provided for specific chemical identities contained in reports submitted under each of the following sections of EPCRA: (1) Section 303 (d)(2)—Facility notification of changes that have or are about to occur; (2) Section 303 (d)(3)—Local Emergency Planning Committee (LEPC) requests for facility information to develop or implement emergency plans; (3) Section 311—Material Safety Data Sheets (MSDSs) submitted by facilities, or lists of those chemicals submitted in place of the MSDSs; (4) Section 312—Emergency and hazardous chemical inventory forms (Tier I and Tier II); and (5) Section 313 Toxic chemical release inventory form.

Form Numbers: EPA Form 9510-1.

Respondents/affected entities: Manufacturer and non-manufacturer facilities subject to reporting under sections 303, 311/312 or 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA).

Respondent's obligation to respond: Mandatory if a respondent decides to make a trace secret claim for the chemical identity for any of the chemicals in any of the reports the respondent is required to submit under EPCRA sections 303, 311/312 or 313.

Estimated number of respondents: 272 trade secret claims.

Frequency of response: Annual, with reports submitted under Sections 312 and 313.

Total estimated burden: 2,584 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $151,047 (per year). There are no capital or operation and maintenance costs associated with this ICR.

Changes in the estimates: This ICR renewal estimates a total respondent burden of 2,584 hours, which is reduced from the previous ICR. The previous approved burden was 3,154 hours. The burden decreased because the actual number of claims submitted is lower than what EPA estimated in the previous ICR.