Federal Register Vol. 83, No.211,

Federal Register Volume 83, Issue 211 (October 31, 2018)

Page Range54663-54860
FR Document

83_FR_211
Current View
Page and SubjectPDF
83 FR 54684 - List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS®; Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 6PDF
83 FR 54676 - Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling ProceduresPDF
83 FR 54683 - Hazardous Materials: Notification of the Pilot-in-Command and Response to Air Related Petitions for RulemakingPDF
83 FR 54853 - To Modify the List of Products Eligible for Duty- Free Treatment Under the Generalized System of PreferencesPDF
83 FR 54851 - Honoring the Victims of the Tragedy in Pittsburgh, PennsylvaniaPDF
83 FR 54845 - Establishment of the Camp Nelson National MonumentPDF
83 FR 54841 - Delegation of Authority Under Section 3132(d) of the National Defense Authorization Act for Fiscal Year 2019PDF
83 FR 54839 - Delegation of Authority Under Section 1069 of the National Defense Authorization Act for Fiscal Year 2019PDF
83 FR 54764 - Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Sudan, Nicaragua, Haiti, and El SalvadorPDF
83 FR 54753 - Agency Information Collection Activities: Submission for OMB Review; Comment Request (OMB No. 3064-0151)PDF
83 FR 54752 - Deletion of Item From Sunshine Act MeetingPDF
83 FR 54706 - Notice of Public Meeting of the Texas Advisory CommitteePDF
83 FR 54773 - Agency Information Collection Activities; Protection, Management, and Control of Wild Horses and BurrosPDF
83 FR 54704 - Information Collection Activity; Comment RequestPDF
83 FR 54730 - Submission of Data by State Educational Agencies; Submission Dates for State Revenue and Expenditure Reports for Fiscal Year 2018, Revisions to Those Reports, and Revisions to Prior Fiscal Year ReportsPDF
83 FR 54727 - Charter Renewal of Department of Defense Federal Advisory CommitteesPDF
83 FR 54707 - Commerce Alternative Personnel SystemPDF
83 FR 54722 - Submission for OMB Review; Comment RequestPDF
83 FR 54787 - Perma-Fix Northwest Richland, Inc.; CorrectionPDF
83 FR 54701 - Information Collection; Request for Comment; Whole Enchilada Trail: Conditions, User Experience & Comment Survey 2019PDF
83 FR 54702 - Payette National Forest; Idaho; Granite Meadows ProjectPDF
83 FR 54774 - Notice of Filing of Plat Survey; Eastern StatesPDF
83 FR 54772 - Agency Information Collection Activities; USA National Phenology Network-The Nature's Notebook Plant and Animal Observing ProgramPDF
83 FR 54771 - Otay River Estuary Restoration Project, South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge, California; Record of DecisionPDF
83 FR 54804 - Notice of Final Federal Agency Actions of Proposed Highway in CaliforniaPDF
83 FR 54762 - New Agency Information Collection Activity Under OMB Review: Law Enforcement Officers Safety Act and Retired Badge/CredentialPDF
83 FR 54763 - Extension of Agency Information Collection Activity Under OMB Review: Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP)PDF
83 FR 54761 - Extension of Agency Information Collection Activity Under OMB Review: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School EmployeesPDF
83 FR 54760 - Intent To Request Extension From OMB of One Current Public Collection of Information: Enhanced Security Procedures at Ronald Reagan Washington National AirportPDF
83 FR 54720 - Endangered and Threatened Species: Take of Anadromous FishPDF
83 FR 54732 - Hydrogen and Fuel Cell Technical Advisory Committee (HTAC)PDF
83 FR 54723 - National Sea Grant Advisory Board (NSGAB); Public Meeting of the National Sea Grant Advisory BoardPDF
83 FR 54732 - Agency Information Collection Reinstatement, With ChangePDF
83 FR 54754 - Patient Safety Organizations: Voluntary Relinquishment From Fides, LLCPDF
83 FR 54775 - Notice of Intent To Prepare an Environmental Impact Statement for a General Management Plan Amendment, Point Reyes National Seashore and North District of Golden Gate National Recreation Area, Marin County, CaliforniaPDF
83 FR 54726 - Performance Review Board MembershipPDF
83 FR 54805 - Agency Information Collection Activities: Revision of an Approved Information Collection; Comment Request; Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions With Total Consolidated Assets of $100 Billion or More Under the Dodd-Frank Wall Street Reform and Consumer Protection ActPDF
83 FR 54810 - Open Meeting of the Taxpayer Advocacy Panel Joint CommitteePDF
83 FR 54709 - Restricted Approval for Production Authority; Foreign-Trade Zone 186; Flemish Master Weavers (Machine-Woven Area Rugs); Waterville, MainePDF
83 FR 54712 - Foreign-Trade Zone (FTZ) 21-Charleston, South Carolina; Authorization of Production Activity; AGRU America Charleston, LLC; (Polyethylene Fittings and Floaters); North Charleston, South CarolinaPDF
83 FR 54710 - Foreign-Trade Zone (FTZ) 78-Nashville, Tennessee; Notification of Proposed Production Activity; Calsonic Kansei North America; (Automotive Parts); Shelbyville and Lewisburg, TennesseePDF
83 FR 54713 - Production Authority Not Approved; CSI Calendering, Inc., Foreign-Trade Zone 39, (Rubber Coated Textile Fabric), Arlington, TexasPDF
83 FR 54709 - Foreign-Trade Zone (FTZ) 244-Riverside County, California; Authorization of Production Activity; ModusLink Corporation (Camera and Accessories Kitting), Riverside, CaliforniaPDF
83 FR 54712 - Reorganization and Expansion of Foreign-Trade Zone 25 Under Alternative Site Framework, Broward County, FloridaPDF
83 FR 54710 - Reorganization and Expansion of Foreign-Trade Zone 198 Under Alternative Site Framework, Volusia and Flagler Counties, FloridaPDF
83 FR 54708 - Production Authority Not Approved; PBR, Inc. d/b/a SKAPS Industries; Foreign-Trade Zone 26; (Non-Woven Geotextiles); Athens, GeorgiaPDF
83 FR 54709 - Reorganization of Foreign-Trade Zone 29 Under Alternative Site Framework; Louisville, KentuckyPDF
83 FR 54711 - Expansion of Foreign-Trade Zone 15; Under Alternative Site Framework Kansas City, MissouriPDF
83 FR 54712 - Production Authority Not Approved; Kravet, Inc.; Subzone 38G; (Commercial Samples); Anderson, South CarolinaPDF
83 FR 54715 - Stainless Steel Bar From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018PDF
83 FR 54724 - Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of AcknowledgmentPDF
83 FR 54809 - Proposed Collection of Information: Application for Disposition of Retirement Plan and/or Individual Retirement Bonds Without Administration of Deceased Owner's EstatePDF
83 FR 54810 - Proposed Collection of Information: Collateral Security Resolution and Collateral Pledge and Security AgreementPDF
83 FR 54809 - Proposed Collection of Information: Voucher for Payment of AwardsPDF
83 FR 54808 - Proposed Collection of Information: States Where Licensed for SuretyPDF
83 FR 54806 - Proposed Collection of Information: Claims Against the United States for Amounts Due in the Case of a Deceased CreditorPDF
83 FR 54786 - Agency Information Collection Activities: Comment Request; Education and Human Resources Program Monitoring ClearancePDF
83 FR 54783 - Notice of Information CollectionPDF
83 FR 54787 - Honeywell, International, Inc.; Metropolis Works Uranium Conversion FacilityPDF
83 FR 54755 - Privacy Act of 1974; Matching ProgramPDF
83 FR 54780 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection: 2018-2020 Survey of State Criminal History Information Systems (SSCHIS)PDF
83 FR 54807 - Proposed Collection of Information: Notice of Reclamation-Electronic Funds Transfer, Federal Recurring PaymentPDF
83 FR 54757 - Agency Information Collection Request: 30-Day Public Comment RequestPDF
83 FR 54734 - Combined Notice of FilingsPDF
83 FR 54737 - Notice of Availability of Environmental Assessment; McMahan Hydroelectric, LLCPDF
83 FR 54735 - Notice of Intent To File License Application, Filing of Pre-Application Document, Approving Use of the Traditional Licensing Process; PE Hydro Generation, LLCPDF
83 FR 54737 - Commission Information Collection Activities (FERC-545 and FERC-549C); Consolidated Comment Request; ExtensionPDF
83 FR 54740 - Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene; Haights Creek Irrigation CompanyPDF
83 FR 54735 - Notice of Filing; Avista CorporationPDF
83 FR 54734 - Pace Renewable Energy 1 LLC: Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
83 FR 54733 - Combined Notice of Filings #1PDF
83 FR 54780 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability ActPDF
83 FR 54729 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; A Study of Reliability and Consequential Validity of a Mathematics Diagnostic Assessment System in GeorgiaPDF
83 FR 54769 - Draft City of Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan and Draft Environmental Assessment, City of Rancho Palos Verdes, Los Angeles County, CaliforniaPDF
83 FR 54777 - Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies; Notice of Request for Statements on the Public InterestPDF
83 FR 54784 - Records Schedules; Availability and Request for CommentsPDF
83 FR 54736 - Combined Notice of FilingsPDF
83 FR 54778 - Magnesium From Israel; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase InvestigationsPDF
83 FR 54741 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Iron and Steel Foundries Area Sources (Renewal)PDF
83 FR 54746 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Wood Furniture Manufacturing Operations (Renewal)PDF
83 FR 54744 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Inorganic Arsenic Emissions From Primary Copper Smelters (Reinstatement)PDF
83 FR 54748 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Rubber Tire Manufacturing (Reinstatement)PDF
83 FR 54744 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Metal Coil Surface Coating (Renewal)PDF
83 FR 54747 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Hot Mix Asphalt Facilities (Renewal)PDF
83 FR 54750 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Trade Secrets Claims for Community Right-to-Know and Emergency Planning (EPCRA Section 322) (Renewal)PDF
83 FR 54749 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Servicing of Motor Vehicle Air Conditioners (Renewal)PDF
83 FR 54740 - Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Gateway Energy Storage, LLCPDF
83 FR 54745 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Vinyl Chloride (Renewal)PDF
83 FR 54751 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Inorganic Arsenic Emissions From Glass Manufacturing Plants (Renewal)PDF
83 FR 54748 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Lime Manufacturing (Renewal)PDF
83 FR 54742 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Air Emissions Reporting Requirements (AERR) (Renewal)PDF
83 FR 54751 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Primary and Secondary Emissions From Basic Oxygen Furnaces (Renewal)PDF
83 FR 54743 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Contractor Cumulative Claim and Reconciliation (Renewal)PDF
83 FR 54756 - Science Advisory Board to the National Center for Toxicological Research Advisory Committee; Notice of MeetingPDF
83 FR 54736 - Combined Notice of Filings #1PDF
83 FR 54758 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 54759 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed MeetingsPDF
83 FR 54758 - National Institute on Minority Health and Health Disparities; Notice of Closed MeetingsPDF
83 FR 54758 - National Institute of Nursing Research; Notice To Close MeetingPDF
83 FR 54779 - Notice of Lodging of Proposed Stipulation Under the Clean Air Act, the Emergency Planning and Community Right-to-Know Act of 1986, and the Comprehensive Environmental Response, Compensation, and Liability ActPDF
83 FR 54781 - Notice of Lodging of Proposed Consent Decree Under The Clean Air Act, The Comprehensive Environmental Response, Compensation, and Liability Act, and The Emergency Planning and Community Right-To-Know ActPDF
83 FR 54796 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to List and Trade Options That Overlie the S&P Communication Services Select Sector IndexPDF
83 FR 54800 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE Arca Options Fee SchedulePDF
83 FR 54791 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchanges Schedule of Fees To Modify the Crossing Fee CapPDF
83 FR 54801 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Derivative Securities Traded Under Unlisted Trading PrivilegesPDF
83 FR 54793 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Regarding Certain Investments of the PGIM Ultra Short Bond ETFPDF
83 FR 54789 - Privacy Act of 1974; System of RecordsPDF
83 FR 54705 - Information Collection Activity; Comment RequestPDF
83 FR 54705 - Notice of Public Meeting of the Missouri Advisory Committee To Discuss Civil Rights Topics in the StatePDF
83 FR 54706 - Notice of Public Meetings of the Arkansas Advisory Committee to the U.S. Commission on Civil RightsPDF
83 FR 54665 - Termination of Listing of Color Additive Exempt From Certification; Lead AcetatePDF
83 FR 54781 - NASA Advisory Council; Regulatory and Policy Committee; MeetingPDF
83 FR 54782 - Notice of Information CollectionPDF
83 FR 54803 - Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Certification: Airmen Other Than Flight Crewmembers, Subpart C, Aircraft Dispatchers and App. A Aircraft DispatcherPDF
83 FR 54803 - Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Certification of Airmen for the Operation of Light-Sport AircraftPDF
83 FR 54718 - Glycine From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final DeterminationPDF
83 FR 54717 - Glycine From Thailand: Preliminary Determination of Sales at Not Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final DeterminationPDF
83 FR 54713 - Glycine From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional MeasuresPDF
83 FR 54729 - Notice of Public Hearing and Business MeetingPDF
83 FR 54754 - Vessel Sanitation Program: Annual Program Status Meeting; Request for CommentPDF
83 FR 54808 - Notice of Rate to Be Used for Federal Debt Collection, and Discount and Rebate EvaluationPDF
83 FR 54807 - Fee Schedule for the Transfer of U.S. Treasury Book-Entry Securities Held on the National Book-Entry SystemPDF
83 FR 54663 - Airworthiness Directives; Pratt & Whitney Division (PW) Turbofan EnginesPDF
83 FR 54759 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0108PDF
83 FR 54681 - Defense Federal Acquisition Regulation Supplement: Update of Clause on Section 8(a) Direct Award (DFARS Case 2018-D052)PDF
83 FR 54680 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Option for Supervision and Inspection Services” (DFARS Case 2018-D041)PDF
83 FR 54679 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision “Bonds or Other Security” (DFARS Case 2018-D036)PDF
83 FR 54676 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Acquisition Streamlining” (DFARS Case 2018-D033)PDF
83 FR 54698 - Defense Federal Acquisition Regulation Supplement: Amendments Related to General Solicitations (DFARS Case 2018-D021)PDF
83 FR 54696 - Defense Federal Acquisition Regulation Supplement: Brand Name or Equal (DFARS Case 2017-D040)PDF
83 FR 54677 - Defense Federal Acquisition Regulation Supplement: Mentor-Protege Program Modifications (DFARS Case 2017-D016)PDF
83 FR 54684 - Implementing the Freedom of Information ActPDF
83 FR 54691 - Indian Country: Air Quality Planning and Management; Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington; Redesignation to a PSD Class I AreaPDF
83 FR 54728 - Intent To Prepare an Environmental Impact Statement for Nebraska Department of Transportation U.S. Highway 275 West Point to Scribner ProjectPDF
83 FR 54674 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972PDF
83 FR 54812 - Small Business HUBZone Program; Government Contracting ProgramsPDF

Issue

83 211 Wednesday, October 31, 2018 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Voluntary Relinquishment from Fides, LLC, 54754 2018-23808 Agriculture Agriculture Department See

Forest Service

See

Rural Business-Cooperative Service

See

Rural Utilities Service

Army Army Department NOTICES Performance Review Board Membership, 54726-54727 2018-23806 Fiscal Bureau of the Fiscal Service NOTICES Fee Schedule for the Transfer of U.S. Treasury Book-Entry Securities Held on the National Book-Entry System, 54807-54808 2018-23713 Rate to Be Used for Federal Debt Collection, and Discount and Rebate Evaluation, 54808 2018-23714 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Vessel Sanitation Program; Annual Program Status, 54754-54755 2018-23715 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Privacy Act; Matching Programs, 54755-54756 2018-23780 Civil Rights Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 54706-54707 2018-23726 Missouri Advisory Committee, 54705-54706 2018-23727 Texas Advisory Committee, 54706 2018-23838 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54759-54760 2018-23711 Commerce Commerce Department See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

NOTICES Commerce Alternative Personnel System, 54707-54708 2018-23832
Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions with Total Consolidated Assets of $100 Billion or More under the Dodd-Frank Wall Street Reform and Consumer Protection Act, 54805-54806 2018-23805 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Mentor-Protege Program Modifications, 54677-54679 2018-23673 Repeal of DFARS Clause Acquisition Streamlining, 54676-54677 2018-23678 Repeal of DFARS Clause Option for Supervision and Inspection Services, 54680-54681 2018-23680 Repeal of DFARS Provision Bonds or Other Security, 54679-54680 2018-23679 Update of Clause on Section 8(a) Direct Award, 54681-54682 2018-23681 PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Amendments Related to General Solicitations, 54698-54700 2018-23677 Brand Name or Equal, 54696-54698 2018-23676 Defense Department Defense Department See

Army Department

See

Defense Acquisition Regulations System

See

Engineers Corps

See

Navy Department

NOTICES Charter Renewals: Federal Advisory Committees, 54727-54728 2018-23833
Delaware Delaware River Basin Commission NOTICES Hearings and Meetings, 54729 2018-23716 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study of Reliability and Consequential Validity of Mathematics Diagnostic Assessment System in Georgia, 54729-54730 2018-23763 Submission of Data by State Educational Agencies: Submission Dates for State Revenue and Expenditure Reports for Fiscal Year 2018, Revisions to Those Reports, and Revisions to Prior Fiscal Year Reports, 54730-54732 2018-23834 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54732-54733 2018-23809 Meetings: Hydrogen and Fuel Cell Technical Advisory Committee, 54732 2018-23811
Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Nebraska Department of Transportation U.S. Highway 275 West Point to Scribner Project, 54728-54729 2018-23451 Environmental Protection Environmental Protection Agency RULES Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants under the Safe Drinking Water Act; Analysis and Sampling Procedures, 54676 C1--2018--22162 PROPOSED RULES Air Quality Planning and Management: Indian Country: Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington; Redesignation to a PSD Class I Area, 54691-54696 2018-23474 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Emissions Reporting Requirements, 54742-54743 2018-23745 Contractor Cumulative Claim and Reconciliation, 54743-54744 2018-23743 National Emission Standards for Hazardous Air Pollutants for Inorganic Arsenic Emissions from Glass Manufacturing Plants, 54751 2018-23747 National Emission Standards for Hazardous Air Pollutants for Inorganic Arsenic Emissions from Primary Copper Smelters, 54744 2018-23755 National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources, 54741-54742 2018-23757 National Emission Standards for Hazardous Air Pollutants for Rubber Tire Manufacturing, 54748-54749 2018-23754 National Emission Standards for Hazardous Air Pollutants for Vinyl Chloride, 54745-54746 2018-23748 National Emission Standards for Hazardous Air Pollutants for Wood Furniture Manufacturing Operations, 54746-54747 2018-23756 New Source Performance Standards for Hot Mix Asphalt Facilities, 54747-54748 2018-23752 New Source Performance Standards for Lime Manufacturing, 54748 2018-23746 New Source Performance Standards for Metal Coil Surface Coating, 54744-54745 2018-23753 New Source Performance Standards for Primary and Secondary Emissions from Basic Oxygen Furnaces, 54751-54752 2018-23744 Servicing of Motor Vehicle Air Conditioners, 54749-54750 2018-23750 Trade Secrets Claims for Community Right-to-Know and Emergency Planning, 54750-54751 2018-23751 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Pratt and Whitney Division (PW) Turbofan Engines, 54663-54665 2018-23712 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Airmen for the Operation of Light-Sport Aircraft, 54803-54804 2018-23721 Certification: Airmen Other Than Flight Crewmembers, Subpart C, Aircraft Dispatchers and App. A Aircraft Dispatcher, 54803 2018-23722 Federal Communications Federal Communications Commission NOTICES Meetings; Sunshine Act, 54752-54753 2018-23854 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54753-54754 2018-23883 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54737-54740 2018-23770 Combined Filings, 54733-54737 2018-23741 2018-23759 2018-23766 2018-23774 Environmental Assessments; Availability, etc.: McMahan Hydroelectric, LLC, 54737 2018-23772 Filings: Avista Corporation, 54735 2018-23768 PE Hydro Generation, LLC, 54735-54736 2018-23771 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Gateway Energy Storage, LLC, 54740 2018-23749 Pace Renewable Energy 1, LLC, 54734 2018-23767 Preliminary Determinations of Qualifying Conduit Hydropower Facilities: Haights Creek Irrigation Company, 54740-54741 2018-23769 Federal Highway Federal Highway Administration NOTICES Federal Agency Actions: Proposed Highway in California, 54804-54805 2018-23819 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Disposition of Retirement Plan and/or Individual Retirement Bonds without Administration of Deceased Owner's Estate, 54809-54810 2018-23789 Claims Against the United States for Amounts Due in the Case of a Deceased Creditor, 54806-54807 2018-23785 Collateral Security Resolution and Collateral Pledge and Security Agreement, 54810 2018-23788 Notice of Reclamation—Electronic Funds Transfer, Federal Recurring Payment, 54807 2018-23778 States Where Licensed for Surety, 54808-54809 2018-23786 Voucher for Payment of Awards, 54809 2018-23787 Fee Schedule for the Transfer of U.S. Treasury Book-Entry Securities Held on the National Book-Entry System, 54807-54808 2018-23713 Rate to Be Used for Federal Debt Collection, and Discount and Rebate Evaluation, 54808 2018-23714 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Draft City of Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan, City of Rancho Palos Verdes, Los Angeles County, CA, 54769-54771 2018-23762 Records of Decision: Otay River Estuary Restoration Project, South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge, CA, 54771-54772 2018-23823 Food and Drug Food and Drug Administration RULES Termination of Listing of Color Additive Exempt From Certification; Lead Acetate, 54665-54674 2018-23725 NOTICES Meetings: Science Advisory Board to the National Center for Toxicological Research Advisory Committee, 54756-54757 2018-23742 Foreign Trade Foreign-Trade Zones Board NOTICES Disapproval of Production Authority: Kravet, Inc., Subzone 38G, Anderson, SC, 54712-54713 2018-23793 PBR, Inc. d/b/a SKAPS Industries, Foreign-Trade Zone 26, Athens, GA, 54708-54709 2018-23796 Expansions under Alternative Site Framework: Foreign-Trade Zone 15, Kansas City, MO, 54711-54712 2018-23794 Production Activities: AGRU America Charleston, LLC, Foreign-Trade Zone 21, Charleston, SC, 54712 2018-23802 Flemish Master Weavers, Foreign-Trade Zone 186, Waterville, ME, 54709 2018-23803 ModusLink Corp., Foreign-Trade Zone 244, Riverside County, CA, 54709 2018-23799 Production Authority Not Approved: CSI Calendering, Inc., Foreign-Trade Zone 39, Arlington, TX, 54713 2018-23800 Proposed Production Activities: Calsonic Kansei North America, Shelbyville and Lewisburg, TN, 54710-54711 2018-23801 Reorganizations and Expansions under Alternative Site Frameworks: Foreign-Trade Zone 198, Volusia and Flagler Counties, FL, 54710 2018-23797 Reorganizations under Alternative Site Frameworks: Foreign-Trade Zone 25, Broward County, FL, 54712 2018-23798 Foreign-Trade Zone 29, Louisville, KY, 54709-54710 2018-23795 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Whole Enchilada Trail: Conditions, User Experience and Comment Survey 2019, 54701-54702 2018-23827 Environmental Impact Statements; Availability, etc.: Granite Meadows Project, Payette National Forest, Idaho, 54702-54704 2018-23826 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: USA National Phenology Network—The Nature's Notebook Plant and Animal Observing Program, 54772-54773 2018-23824 Health and Human Health and Human Services Department See

Agency for Healthcare Research and Quality

See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54757-54758 2018-23777
Homeland Homeland Security Department See

Coast Guard

See

Transportation Security Administration

See

U.S. Citizenship and Immigration Services

Interior Interior Department See

Fish and Wildlife Service

See

Geological Survey

See

Land Management Bureau

See

National Park Service

Internal Revenue Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panel Joint Committee, 54810 2018-23804 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Stainless Steel Bar from Brazil, 54715-54717 2018-23792 Determinations of Sales at Less than Fair Value: Glycine from India, 54713-54715 2018-23718 Glycine from Japan, 54718-54720 2018-23720 Glycine from Thailand, 54717-54718 2018-23719 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies, 54777-54778 2018-23761 Magnesium from Israel, 54778-54779 2018-23758 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2018-2020 Survey of State Criminal History Information Systems, 54780-54781 2018-23779 Proposed Consent Decrees: CERCLA, 54780 2018-23765 Clean Air Act, et al., 54781 2018-23735 Proposed Stipulations: Clean Air Act, Emergency Planning and Community Right-to-Know Act, CERCLA, 54779 2018-23736 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Protection, Management, and Control of Wild Horses and Burros, 54773-54774 2018-23837 Filings of Plat Survey: Eastern States, 54774-54775 2018-23825 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54782-54784 2018-23723 2018-23783 Meetings: NASA Advisory Council; Regulatory and Policy Committee, 54781-54782 2018-23724 National Archives National Archives and Records Administration NOTICES Records Schedules, 54784-54786 2018-23760 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 54758 2018-23740 National Institute of Diabetes and Digestive and Kidney Diseases, 54759 2018-23739 National Institute of Nursing Research, 54758-54759 2018-23737 National Institute on Minority Health and Health Disparities, 54758 2018-23738 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54722-54723 2018-23829 2018-23830 Atlantic Highly Migratory Species: Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment, 54724-54726 2018-23791 Endangered and Threatened Species: Take of Anadromous Fish, 54720-54722 2018-23812 Meetings: National Sea Grant Advisory Board, 54723 2018-23810 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: General Management Plan Amendment, Point Reyes National Seashore and North District of Golden Gate National Recreation Area, Marin County, CA, 54775-54777 2018-23807 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Education and Human Resources Program Monitoring Clearance, 54786-54787 2018-23784 Navy Navy Department RULES Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 54674-54676 2018-23374 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 6, 54684 C1--2018--22913 NOTICES Environmental Assessments; Availability, etc.: Honeywell, International, Inc.; Metropolis Works Uranium Conversion Facility, 54787-54789 2018-23781 License Applications: Perma-Fix Northwest Richland, Inc.; Correction, 54787 2018-23828 Occupational Safety Health Rev Occupational Safety and Health Review Commission NOTICES Privacy Act; Systems of Records, 54789-54791 2018-23729 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Pilot-in-Command and Response to Air Related Petitions for Rulemaking, 54683 C1--2018--22114 Presidential Documents Presidential Documents PROCLAMATIONS Camp Nelson National Monument; Establishment (Proc. 9811), 54843-54849 2018-24027 Special Observances: Honoring the Victims of the Tragedy in Pittsburgh, PA (Proc. 9812), 54851 2018-24030 Trade: Generalized System of Preferences Duty-Free Treatment; Modifications (Proc. 9813), 54853-54860 2018-24032 ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2019; Delegation of Authority (Memorandum of October 26, 2018), 54837-54839, 54841 2018-23971 2018-23973 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54704-54705 2018-23835 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54705 2018-23728 Science Technology Science and Technology Policy Office PROPOSED RULES Implementing the Freedom of Information Act, 54684-54691 2018-23606 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 54796-54800 2018-23734 Nasdaq ISE, LLC, 54791-54793 2018-23732 NYSE Arca, Inc., 54793-54796, 54800-54801 2018-23730 2018-23733 The Nasdaq Stock Market, LLC, 54801-54803 2018-23731 Small Business Small Business Administration PROPOSED RULES Small Business HUBZone Program; Government Contracting Programs, 54812-54835 2018-23285 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Pipeline and Hazardous Materials Safety Administration

Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Department of Homeland Security Traveler Redress Inquiry Program, 54763-54764 2018-23816 Enhanced Security Procedures at Ronald Reagan Washington National Airport, 54760-54761 2018-23813 Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees, 54761-54762 2018-23815 Law Enforcement Officers Safety Act and Retired Badge/Credential, 54762-54763 2018-23818 Treasury Treasury Department See

Bureau of the Fiscal Service

See

Comptroller of the Currency

See

Fiscal Service

See

Internal Revenue Service

U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Sudan, Nicaragua, Haiti, and El Salvador, 54764-54769 2018-23892 Separate Parts In This Issue Part II Small Business Administration, 54812-54835 2018-23285 Part III Presidential Documents, 54837-54839, 54841 2018-23971 2018-23973 Part IV Presidential Documents, 54843-54849, 54851, 54853-54860 2018-24027 2018-24030 2018-24032 Reader Aids

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83 211 Wednesday, October 31, 2018 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0368; Product Identifier 2018-NE-12-AD; Amendment 39-19469; AD 2018-21-11] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney Division (PW) Turbofan Engines AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Pratt & Whitney Division (PW) PW4074D, PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines with a low-pressure compressor (LPC) fan hub, part number (P/N) 51B821 or P/N 52B521, installed. This AD was prompted by updated low-cycle fatigue analysis techniques that indicate certain LPC fan hubs could crack before their published life limit. This AD requires repetitive eddy current inspections (ECIs) and fluorescent penetrant inspections (FPIs) for cracks in certain LPC fan hubs and removal of LPC fan hubs from service that fail inspection. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective December 5, 2018.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 5, 2018.

ADDRESSES:

For service information identified in this final rule, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-565-0140; fax: 860-565-5442. You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0368.

Examining the AD Docket

You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0368; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Jo-Ann Theriault, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7105; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all PW PW4074D, PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines with an LPC fan hub, P/N 51B821 or P/N 52B521, installed. The NPRM published in the Federal Register on July 19, 2018 (83 FR 34070). The NPRM was prompted by updated low-cycle fatigue analysis techniques that indicate certain LPC fan hubs could crack before their published life limit. The NPRM proposed to require repetitive ECIs and FPIs of the LPC fan hub. We are issuing this AD to address the unsafe condition on these products.

Comments

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

Request To Add Maximum Allowable Life

The Air Line Pilots Association requested that we specify a maximum allowable life for the parts affected by this AD, in addition to the prescribed inspection interval, to ensure that the affected parts are not operated beyond a life limit in which it is likely that fatigue cracks will form.

We disagree. This AD intends to specify a new inspection interval to reduce the risk of a fan hub failure due to potential low-cycle fatigue cracking. We determined that repetitive inspections, in conjunction with existing life limits for the small population of affected parts, maintains an acceptable level of safety for the fleet. The life limits for the affected parts are given in the appropriate Engine Manual, Chapter 5, Airworthiness Limitations Section. Operators are responsible for complying with those life limits. We did not change this AD.

Request To Clarify FPI Instructions

All Nippon Airways requested clarification for performing the FPIs required by this AD. The instructions for performing ECIs are specified in PW Alert Service Bulletin (ASB) PW4G-112-A72-351, dated February 22, 2018, which is incorporated by reference by this AD; however, instructions for performing FPIs are not specified.

We disagree. FPI is an industry-standard inspection. Operators are permitted to use an FPI process that is equivalent to the FPI process conducted by the original equipment manufacturer. We are incorporating by reference the instructions for performing ECIs because ECI is not an industry standard practice. ECI requires procedures, tooling, acceptance, and rejection criteria that are specific to the part being inspected. We did not change this AD.

Request To Review Applicability

PW stated that this AD should apply to all PW PW4074D, PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines with LPC fan hub, P/N 51B821 or P/N 52B521, installed as of or after February 22, 2018.

We disagree. The unsafe condition is present for any LPC fan hub, P/N 51B521 or P/N 52B521, installed in PW PW4074D, PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines regardless of the installation date. This AD requires inspections of all applicable LPC fan hubs, P/N 51B521 or P/N 52B521, in service. We did not change this AD.

Clarification to Costs of Compliance

We determined that we were not clear that only one LPC fan hub might need replacing. We clarified this in our cost estimate.

Support for the AD

The Boeing Company expressed support for the NPRM as written.

Conclusion

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

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

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

Related Service Information Under 1 CFR Part 51

We reviewed PW ASB PW4G-112-A72-351, dated February 22, 2018. The PW ASB describes procedures for performing LPC fan hub ECIs and FPIs. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Other Related Service Information

We reviewed PW PW4000 Series 112 Inch Turbofan Engines Cleaning, Inspection and Repair (CIR) Manual, P/N 51A750, Chapter/Section 72-31-07, Inspection/Check-02, Revision No. 77, dated July 15, 2018. The CIR Manual contains additional information regarding FPI and ECI of the LPC fan hub.

Costs of Compliance

We estimate that this AD affects 32 engines installed on airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection 40 work-hours × $85 per hour = $3,400 $0 $3,400 $108,800

    We estimate the following costs to do any necessary replacements that would be required based on the results of the proposed inspection. We estimate that one engine will need this replacement and estimate the parts cost using a prorated formula that takes the early removal of the life-limited part into account.

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replace the LPC fan hub (prorated part cost) 0 work-hours × $85 per hour = $0 $288,000 $288,000
    Authority for This Rulemaking

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

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

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation Division.

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-21-11 Pratt & Whitney Division: Amendment 39-19469; Docket No. FAA-2018-0368; Product Identifier 2018-NE-12-AD. (a) Effective Date

    This AD is effective December 5, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Pratt & Whitney Division (PW) PW4074D, PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines with low-pressure compressor (LPC) fan hub, part number (P/N) 51B821 or P/N 52B521, installed.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine Compressor Section.

    (e) Unsafe Condition

    This AD was prompted by low-cycle fatigue analysis techniques, updated by the engine manufacturer, which indicated certain LPC fan hubs could crack before their published life limit. We are issuing this AD to prevent failure of the LPC fan hub. The unsafe condition, if not addressed, could result in uncontained hub release, damage to the engine, and damage to the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) After the effective date of this AD, perform a fluorescent penetrant inspection (FPI) and an eddy current inspection (ECI) of the LPC fan hub the next time the engine is separated at the M-flange and the LPC fan hub has accumulated 2,000 or more flight cycles since the last FPI and ECI.

    (2) Thereafter, perform an FPI and an ECI of the LPC fan hub every time the engine is separated at the M-flange and the LPC fan hub has accumulated 2,000 or more flight cycles since the last LPC fan hub ECI and FPI.

    (3) Use the Accomplishment Instructions, Step No. 11, in PW Alert Service Bulletin PW4G-112-A72-351, dated February 22, 2018, to do the ECI.

    (4) If a crack is found during the inspections required by paragraphs (g)(1) or (2) of this AD, remove the LPC fan hub from service before further flight and replace with a part eligible for installation.

    (h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local flight standards district office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (i) of this AD. You may email your request to: [email protected].

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

    (i) Related Information

    For more information about this AD, contact Jo-Ann Theriault, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7105; fax: 781-238-7199; email: [email protected].

    (j) Material Incorporated by Reference

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

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

    (i) Pratt & Whitney Division Alert Service Bulletin PW4G-112-A72-351, dated February 22, 2018.

    (ii) [Reserved.]

    (3) For service information identified in this AD, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-565-0140; fax: 860-565-5442.

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

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

    Issued in Burlington, Massachusetts, on October 25, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-23712 Filed 10-30-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 73 [Docket No. FDA-2017-C-1951] Termination of Listing of Color Additive Exempt From Certification; Lead Acetate AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Final rule.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is amending the color additive regulations to no longer provide for the use of lead acetate in cosmetics intended for coloring hair on the scalp because new data available since lead acetate was permanently listed demonstrate that there is no longer a reasonable certainty of no harm from the use of this color additive. This action is in response to a color additive petition filed by the Environmental Defense Fund, Earthjustice, Environmental Working Group, Center for Environmental Health, Healthy Homes Collaborative, Health Justice Project of Loyola University Chicago School of Law, Breast Cancer Fund, Improving Kids' Environment, Consumers Union, Natural Resources Defense Council, Consumer Federation of America, Learning Disabilities Association, Maricel Maffini, and Howard Mielke.

    DATES:

    This rule is effective December 3, 2018. See section XIII for further information on the filing of objections. Submit either electronic or written objections and requests for a hearing on the final rule by November 30, 2018.

    ADDRESSES:

    You may submit objections and requests for a hearing as follows. Please note that late, untimely filed objections will not be considered. Electronic objections must be submitted on or before November 30, 2018. The https://www.regulations.gov electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of November 30, 2018. Objections received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic objections in the following way:

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Objections submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your objection will be made public, you are solely responsible for ensuring that your objection does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your objection, that information will be posted on https://www.regulations.gov.

    • If you want to submit an objection with confidential information that you do not wish to be made available to the public, submit the objection as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper objections submitted to the Dockets Management Staff, FDA will post your objection, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2017-C-1951 for “Termination of Listing of Color Additive Exempt From Certification; Lead Acetate.” Received objections, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    Confidential Submissions—To submit an objection with confidential information that you do not wish to be made publicly available, submit your objections only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” We will review this copy, including the claimed confidential information, in our consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Molly A. Harry, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740-3835, 240-402-1075.

    SUPPLEMENTARY INFORMATION:

    I. Introduction

    In the Federal Register of April 4, 2017 (82 FR 16321), FDA announced that we filed a color additive petition (CAP 7C0309) (the petition) submitted by the Environmental Defense Fund, Earthjustice, Environmental Working Group, Center for Environmental Health, Healthy Homes Collaborative, Health Justice Project of Loyola University Chicago School of Law, Breast Cancer Fund, Improving Kids' Environment, Consumers Union, Natural Resources Defense Council, Consumer Federation of America, Learning Disabilities Association, Maricel Maffini, and Howard Mielke (petitioners), c/o Mr. Tom Neltner, 1875 Connecticut Ave. NW, Suite 600, Washington, DC 20009. The petition requested that we repeal the regulation at § 73.2396 (21 CFR 73.2396) to no longer provide for the safe use of lead acetate in cosmetics intended for coloring hair on the scalp. The notice of petition gave interested parties until June 5, 2017, to submit comments on the filed color additive petition.

    II. Background and Regulatory History of Lead Acetate as a Color Additive

    The color additive lead acetate (the trihydrate of lead (2+) salt of acetic acid; CAS No. 6080-56-4) has been in use in cosmetic hair dyes for many years. Under the provisions of the Color Additive Amendments of 1960 to the Federal Food, Drug, and Cosmetic Act (FD&C Act), FDA published a notice on December 10, 1963 (28 FR 13374), stating that metallic salts (including lead acetate) used as hair colorings are color additives within the meaning of the FD&C Act. Because metallic salts, including lead acetate, were in use as color components in hair dye prior to the Color Additive Amendments of 1960, they were provisionally listed for this use on an interim basis under the transitional provisions of the Color Additive Amendments (38 FR 7006, March 15, 1973). Subsequently, FDA gave interested persons until July 30, 1973, to submit petitions proposing appropriate permanent listings of any metallic salts as coloring components of hair dye not presently listed for such use (38 FR 2996, January 31, 1973). On May 18, 1973, FDA received a color additive petition (CAP 3C0107) from the Committee of the Progressive Hair Dye Industry requesting the permanent listing of lead acetate as a color additive in cosmetic hair dyes. FDA published a notice of filing of the petition in the Federal Register of June 29, 1973 (38 FR 17260). While the petition was under review, FDA added lead acetate to the codified provisional list for use as a color component in hair dye on March 13, 1974 (39 FR 9657), with a closing date of December 31, 1974. The closing date for the provisional listing of lead acetate was postponed periodically pending the performance, completion, and evaluation of toxicological and absorption studies. A final rule in the Federal Register of March 3, 1978 (43 FR 8790), details each postponement up to that time, and subsequent postponements of the closing date for the provisional listing of lead acetate were published in the Federal Register on January 2, 1979 (44 FR 45), March 6, 1979 (44 FR 12169), August 31, 1979 (44 FR 51216), February 22, 1980 (45 FR 11799), June 24, 1980 (45 FR 42255), and December 30, 1980 (45 FR 85725).

    In evaluating the scientific data submitted in CAP 3C0107, FDA determined that the following issues required resolution to enable FDA to evaluate the petition and determine the conditions of safe use of lead acetate: (1) Whether absorption and systemic distribution of lead acetate from hair dyes would occur, because the available scientific data did not establish conclusively that lead acetate from hair dyes was transdermally absorbed through the scalp; (2) whether lead acetate is carcinogenic in humans, because it had been established through animal feeding studies that lead is a carcinogen in rats and mice; (3) whether the human epidemiological data available are equivocal; and (4) which of the “Delaney” anticancer clauses in section 721(b)(5)(B) of the FD&C Act (21 U.S.C. 379e(b)(5)(B)) is applicable to this use of lead acetate (45 FR 72112, October 31, 1980).

    To resolve the issue of whether lead acetate would be transdermally absorbed through the scalp, FDA requested that the petitioner perform a definitive percutaneous absorption study (42 FR 62497 at 62499, December 13, 1977). Results from a 1978 radioactive tracer skin lead absorption study, using human volunteers, was submitted by the petitioner of CAP 3C0107 for FDA review and later published by Moore et al. (Ref. 1). The results of the percutaneous absorption study showed that lead acetate in hair dye is absorbed through human skin and that users who apply the hair dye as often as twice per week have an estimated average daily lead absorption of 0.3 microgram (µg). FDA considered the absorbed amount of lead acetate from hair dye to be “miniscule” when compared to the average person's blood lead level from background sources and concluded that the resulting increase in exposure would have no discernible increase on the steady-state blood lead level reported to be approximately 17 µg per deciliter (µg/dL) (45 FR 72112 at 72114).

    FDA also considered the applicability of the Delaney Clause (section 721(b)(5)(B) of the FD&C Act) in determining whether lead acetate could be permanently listed, considering the evidence that lead was shown to be a carcinogen in animal feeding studies. The Delaney Clause consists of two parts. The first part (section 721(b)(5)(B)(i) of the FD&C Act) pertains specifically to ingested color additives. The second part (section 721(b)(5)(B)(ii) of the FD&C Act) applies to non-ingested color additives. FDA explained in the 1980 final rule that because the first part of the Delaney Clause (section 721(b)(5)(B)(i) of the FD&C Act) is limited to uses that will or may result in ingestion, it does not apply to the use of lead acetate in hair dye applied on the scalp. FDA then considered the applicability of the non-ingestion clause, which states that a color additive shall be deemed unsafe, and shall not be listed, for any use that will not result in ingestion or any part of such additive, if evaluation of the safety of additives for such use or after other relevant exposure of man or animal to such additive, it is found by the Secretary of Health and Human Services (Secretary) to induce cancer in man or animal. After evaluation of the available relevant scientific evidence, FDA concluded that the available animal feeding studies were not relevant to the use of lead acetate in hair dye. FDA also concluded that the scientific data submitted were not sufficient to substantiate a direct correlation between dermal exposure to lead and human carcinogenicity. Additionally, FDA considered two carcinogenicity risk assessments based on the percutaneous absorption data submitted in the CAP, one prepared by Dr. Richard Wilson of Harvard University (on behalf of the petitioner of CAP 3C0107) and the other prepared by FDA personnel, which concluded a 1:18 million and 1:12 million chance of developing cancer, respectively, by using lead acetate containing hair dye. FDA determined that these assessments supported the conclusion that any carcinogenic risk likely to result from use of lead acetate-containing hair dye could not be considered significant in terms of public health protection (45 FR 72112 at 72116).

    Based on the evaluation of the available data, FDA concluded that lead acetate was safe for use in hair dyes intended for use on the scalp. On October 31, 1980, FDA approved the petition and permanently listed lead acetate in § 73.2396 as a color additive for the safe use in cosmetics for coloring hair on the scalp at levels up to 0.6 percent (weight to volume) lead, subject to certain restrictions and labeling requirements (45 FR 72112). As a condition of safe use, the regulation in § 73.2396 specifies that lead acetate hair dye must contain a cautionary statement.

    III. Regulation of Color Additives

    The FD&C Act provides a process through which any person who wishes to use a color additive in or on food, drugs, devices, or cosmetics, may submit a petition proposing the issuance of a color additive regulation listing such use with supporting information. A color additive petition also may be submitted to propose the amendment or repeal of any existing color additive regulation (see section 721(b)(5)(C) and (d) of the FD&C Act). In response to a color additive petition, FDA may issue a regulation listing a color additive for use in or on food, drugs, devices, or cosmetics only if it determines that the additive is suitable and safe for such use (see section 721(b)(2)(A) of the FD&C Act). FDA's determination that a color additive is safe means that there is convincing evidence that establishes with reasonable certainty that no harm will result from the intended condition of use of the color additive (21 CFR 170.3(i)). This is referred to as the “general safety clause” for color additives. In addition, the Delaney Clause, under section 721(b)(5)(B)(i) of the FD&C Act, states that a color additive shall be deemed unsafe for any use that will or may result in ingestion of all or part of such additive, if the additive is found by the Secretary to induce cancer when ingested by man or animal, or if it is found by the Secretary, after tests that are appropriate for the evaluation of the safety of additives for use in food, to induce cancer in man or animal. To determine whether a color additive is safe under the general safety clause, the FD&C Act requires FDA to consider, among other relevant factors: (1) Probable consumption of, or other relevant exposure from, the additive and of any substance formed in or on food, drugs or devices, or cosmetics because of the use of the additive; (2) cumulative effect, if any, of such additive “in the diet of man or animals,” taking into account the same or any chemically or pharmacologically related substance or substances in such diet; and (3) safety factors recognized by experts “as appropriate for the use of animal experimentation data” (see section 721(b)(5)(A) of the FD&C Act). For FDA to grant a petition that seeks repeal of a color additive regulation based upon new data concerning the safety of the color additive, such data must be adequate for FDA to conclude that there is no longer a reasonable certainty of no harm for the intended use of the color additive or that it must be deemed unsafe under the Delaney Clause.

    IV. Petitioners' Argument for Repeal of § 73.2396

    In accordance with the procedure in section 721(d) of the FD&C Act for the issuance, amendment or repeal of regulations, the current color additive petition (CAP 7C0309) requests that FDA repeal the regulation for lead acetate in § 73.2396. The petitioners assert the following in support of their proposal (the petition, at pages 5 through 15):

    1. “Toxicological evidence since 1980 shows there is no safe level of exposure to lead compounds,” and the “scientific evidence substantiating a direct correlation between lead exposure and human carcinogenicity is now sufficiently strong for FDA to conclude that lead acetate is unsafe pursuant to the Delaney Clause in 21 U.S.C. 379e(b)(5)(B).”

    2. “FDA's 1980 decision rested primarily on a single industry study” that had “serious flaws.”

    3. “Exposure evidence since 1980 shows that skin absorption of lead acetate may be more significant than FDA considered.”

    4. “Overall exposure to lead in the United States has dropped since 1980 so FDA's conclusion that the exposure was insignificant is no longer valid.”

    5. “Post-1980 evidence indicates that lead acetate is likely to be ingested from typical use.”

    6. “Canada and Europe found the use of lead acetate as a color additive to be unsafe.”

    Based on these arguments, the petitioners assert that the evidence available since lead acetate's permanent listing in 1980 demonstrates that there is no longer a reasonable certainty that no harm would result from the use of lead acetate in hair dyes, and, therefore, the regulation authorizing this use as a color additive should be repealed. The petitioners submitted in vitro and in vivo nonclinical and clinical peer-reviewed publications, monographs, and general reports from associations and government agencies to support their assertions.

    In section V that follows, FDA provides assessments of the petitioners' assertions and their supporting information. FDA's review, assessment, and evaluation of the petition are detailed in our two review memoranda (Refs. 2 and 3). In FDA's review of the petition, we considered relevant studies and publications on lead and lead compounds, including lead acetate.

    V. Review of the Petition A. Petitioners' Assertion No. 1

    “Toxicological evidence since 1980 shows there is no safe level of exposure to lead compounds,” and “scientific evidence substantiating a direct correlation between lead exposure and human carcinogenicity is now sufficiently strong for FDA to conclude that lead acetate is unsafe pursuant to the Delaney Clause in 21 U.S.C. 379e(b)(5)(B).” To support this assertion, the petition cites “evidence with respect to lead acetate as a carcinogen,” including that the National Toxicology Program (NTP) has designated lead and lead compounds to be “reasonably anticipated to be a human carcinogen” based on “limited evidence in humans, and sufficient evidence of carcinogenicity in experimental animals.” The petition also cites “evidence of health effects other than cancer,” specifically that lead (as elemental lead and lead compounds, including lead acetate) “has other adverse effects across multiple systems at low levels,” “is a potent neurotoxin with no safe level of exposure for children,” and “is particularly harmful to pregnant women.” The petition also provides toxicological monographs, profiles, and reports on lead and lead compounds available since 1980 to support their view that lead acetate applied to the scalp is not safe.

    The information provided in the petition to support their assertion that there is no safe level of exposure to lead and its compounds includes reports and publications by government agencies and professional organizations, including an NTP monograph on Health Effects of Low-Level Lead (2012), Centers for Disease Control and Prevention (CDC) reports on lead (2009, 2015), Agency for Toxic Substances and Disease Registry (ATSDR) toxicology profile for lead (2007), an article on the Prevention of Childhood Lead Toxicity from the American Academy of Pediatrics Council on Environmental Health (2016), Environmental Protection Agency's Integrated Risk Information System Chemical Assessment Summary on lead and lead compounds, and an abstract of the risk assessment of lead acetate conducted by Health Canada (2008). The petitioners also provide abstracts to published in vivo and in vitro animal and human studies, and links to the 2014 NTP report on carcinogenicity from exposure to lead and its compounds, including lead acetate.

    FDA Assessment: FDA reviewed the peer-reviewed publications and monographs provided in the petition and other relevant information in our evaluation of the safety of the use of lead acetate in hair dyes (Ref. 2) and agrees with the petitioners that there is no evidence available at this time to determine a safe level of exposure to lead or lead compounds intentionally used as a color additive in hair dyes.

    The toxicologic effects of lead exposure have been well-documented, and FDA has taken several actions to protect the public from exposure to lead in FDA regulated products, including prohibiting the use of tin-coated lead foil capsules on wine bottles (61 FR 4816, February 8, 1996 (now codified at 21 CFR 189.301)) and prohibiting the use of lead-soldering in food cans (60 FR 33106, June 27, 1995 (now codified at 21 CFR 189.240)) (see also 58 FR 33860 at 33864 through 33866, June 21, 1993 (discussing the health effects of adult exposure to lead); and see generally https://www.fda.gov/Food/FoodborneIllnessContaminants/Metals/ucm2006791.htm and https://www.fda.gov/Cosmetics/ProductsIngredients/PotentialContaminants/ucm388820.htm (identifying other actions by FDA's Center for Food Safety and Applied Nutrition concerning both childhood and adult exposure to lead in food, food containers, and cosmetics)).

    The risks of lead exposure are particularly high in utero, infancy, and in early childhood; CDC has stated that there is no safe blood lead level in children, and that even low levels of lead in blood have been shown to affect IQ, ability to pay attention, and academic achievement (Ref. 4). As part of its program to prevent childhood lead poisoning, CDC has recommended 5µg/dL as the reference blood lead level to identify children who have been exposed to lead and who require case management (Ref. 4).

    Lead exposure also poses significant health risks to adults (Refs. 5 and 6). These risks include hypertension, peripheral nerve dysfunction, and red blood cell protoporphyrin elevation (see 58 FR 33860 at 33864). A growing body of evidence indicates that adults, like children, may experience adverse health impacts from exposure to levels of lead lower than those previously believed to be harmful. For example, in 2012, the NTP provided evidence of adverse effects of exposure to low levels of lead (less than 10 µg/dL) in adult humans based on epidemiological evidence. The NTP concluded that there is sufficient evidence for decreased glomerular filtration rate (in the kidney) in adults and reduced fetal growth in pregnant women at blood lead levels less than 5 µg/dL; increased blood pressure, hypertension, and essential tremor in adults at blood lead levels less than 10 µg/dL; and adverse changes in sperm parameters in men, as well as increased time to achieve pregnancy, at blood lead levels greater than or equal to 15-20 µg/dL (Ref. 2). In 2011, the Joint Food and Agriculture/World Health Organization (FAO/WHO) Expert Committee on Food Additives (JECFA) withdrew the previously established Provisional Tolerable Weekly Intake (PTWI) for lead and concluded that it was not possible to establish a new PTWI that would be considered health protective (Ref. 7). Additionally, the U.S. Environmental Protection Agency has set the maximum contaminant level goal for lead in drinking water at zero (Ref. 8). Regarding the information provided in the petition on the carcinogenicity of lead, we discuss the relevance of this information to FDA's decision on this petition in section VII.

    B. Petitioners' Assertion No. 2

    “FDA's 1980 decision rested primarily on a single industry study” by Moore et al. (Ref. 1) that had “serious flaws.” The petitioners contended that results from test conditions with higher absorption values, e.g., scratched skin, were excluded in the final analysis, while those from test conditions that resulted in lower absorption values e.g., “wet” and “cream” applications, were all included. The petitioners also noted that Moore et al. excluded all the results of the 24-hour “whole body” count and relied only on the 12-hour data after deciding that the increased absorption from the 12 to 24 hours' measurements reflected “mechanical damage” from washing the test substance from the skin after 12 hours. The petitioners stated that the 24-hour “non-scratch” average absorption was two times greater than the 12-hour average. Additionally, the petitioners stated that Moore et al. may have only measured a proportion of the lead absorbed because in calculating the “whole-body” count they assumed that the transport and distribution of lead acetate through the skin is the same path as an intravenous solution of a known quantity of lead chloride used to establish the relationship between radioactivity in the calf region and the whole body, which the petitioners claim is an assumption that more recent studies call into question. The petitioners also questioned some assumptions made by Moore et al., claiming no references were cited to support these assumptions (e.g., that 6 milliliters (ml) of the lead acetate formulation is normally applied, of which 0.18 ml would reach the scalp, and 612 µg of lead would reach the scalp per hair dye application). The petitioners noted that instructions for use included in lead acetate hair dye packages do not typically specify amount to be applied to hair and that the amount applied would vary depending on the amount of hair.

    FDA Assessment: We considered the deficiencies claimed by the petitioners with the percutaneous absorption study conducted by Moore et al. and conducted our own re-evaluation of that study (details in Ref. 2). We agree with the petitioners that the study conducted by Moore et al. may not have fully accounted for all the lead that may have been absorbed and localized in extracellular fluid compartments, such as saliva and sweat. Although the approach of estimating whole body uptake of lead based on measured activity in the calf region may have partially captured lead in these extracellular fluids, newer data suggest that looking at blood lead levels alone underestimates exposure to lead that would have localized in other compartments (Ref. 2).

    Regarding the assertion that Moore et al. did not use the “worst-case scenario” by excluding in its final analysis results from whole-body monitoring collected from 12 to 24 hours, results from the 24-hour “non-scratch” whole-body monitoring data, and results from the scratched skin scenario, and including results from test conditions that resulted in lower absorption values (e.g., “wet” and “cream” applications), we agree that this may have resulted in limiting the average absorption values. Regarding the assertion that some assumptions made by Moore et al. are unsupported (e.g., that 6 ml of the lead acetate formulation is normally applied, of which 0.18 ml would reach the scalp, and 612 µg of lead would reach the scalp per hair dye application), we note that although these assumptions may not reflect a worst-case use scenario, there is a study that was submitted in support of the petition for permanently listing lead acetate (CAP 3C0107) that evaluated the amount of lead acetate that reached the scalp on human subjects from application of a known volume of the hair dye that was characterized in the study as a typical application volume. Results from that study showed that the average amount of lead acetate that reaches the scalp from application of 7 ml of hair dye is approximately 3 percent of the amount applied.

    As stated, we also conducted our own re-evaluation of the study by Moore et al. and identified the following deficiencies that we believe may have resulted in underestimation of lead exposure (Ref. 2):

    (1) The study was conducted with formulations containing 6 millimole per liter (mmol/L) or 9 mmol/L lead acetate (equivalent to 0.12 or 0.18 percent lead), respectively, which are three to five times lower than the approved maximum use level (0.6 percent lead) in hair dyes.

    (2) The ages of the eight male test subjects ranged from 20 to 35 years. FDA notes that most people who use lead acetate-containing hair dye products would typically be age 50 years or older. The subjects were therefore not considered representative of the targeted older population. This is important because the skin in older people is different from the skin in younger people.

    (3) The test formulation was applied to the skin on the forehead of subjects, whereas lead acetate-containing hair dye is intended to be applied to hair on the scalp. FDA notes that there are well documented differences in the composition and functionality of skin tissue from the scalp and skin tissue from other regions of the body, including the forehead (Ref. 2). For example, scalp skin tissue is thicker and carries more blood than other skin tissue. Thus, applying the test substance to the forehead and non-scalp skin, like the forehead, to assess percutaneous absorption, may not mimic absorption through the scalp.

    (4) The test formulation(s) were reportedly applied to a skin surface area of 8 to 10 square centimeters (cm2) on the forehead. FDA notes that lead acetate-containing hair dye is intended to be applied to the full scalp that has a skin surface area of approximately 580 cm2. Applying the test formulation to a surface area substantially less than 580 cm2 is not representative of the intended condition of use. Therefore, using a surface area of 8 to 10 cm2 likely yielded results that underestimated the percentage of lead acetate that was transdermally absorbed. Additionally, test results obtained from applying the formulation to a small surface area on the forehead would also affect the accuracy of extrapolation to account for the entire surface area of the scalp.

    (5) The test formulations applied to the forehead were removed by washing with soap 12 hours after application. FDA notes that the 12-hour application period in the Moore et al. study may be too short to assess the full extent of percutaneous absorption of lead acetate under the intended conditions of use, which in some cases could remain on the scalp for 24 hours or longer thereby increasing the amount of lead percutaneously absorbed.

    C. Petitioners' Assertion No. 3

    “Exposure evidence since 1980 shows that skin absorption of lead acetate may be more significant than FDA considered.” To support this assertion, the petitioners provide several peer-reviewed studies published since 1980, which they claim demonstrate that the capacity of the skin to absorb lead is more significant than FDA estimated in 1980. The studies included a wide-ranging collection of occupational exposures to in vivo (human and animal) and in vitro (using human or animal skin) testing.

    FDA Assessment: The petitioners did not provide data on dermal absorption of lead acetate generated under the intended use conditions for hair dye products and did not provide an updated estimated exposure that would result from typical chronic use of lead acetate-containing hair dyes. However, to support their assertion that skin absorption of lead acetate may be greater than FDA previously estimated, the petitioners provided information that raised valid scientific questions about the adequacy of the study that FDA relied on to support the listing of lead acetate in § 73.2396. The petition cited peer-reviewed publications describing nonclinical (in vitro and in vivo) and clinical studies to demonstrate dermal absorption of lead and lead compounds, including lead acetate. FDA reviewed these publications and other available pertinent publications and information on the dermal absorption of lead and lead acetate (Ref. 2). Following the review, FDA concluded that the submitted publications demonstrate that dermally applied lead acetate and other lead-containing compounds penetrate human and animal skin, and report absorption of dermally applied lead and lead compounds ranging from 0.018 to 29 percent (the latter being under conditions of occlusion). In addition, some of the studies show that dermally absorbed lead distributes to extracellular fluid compartments including sweat and saliva, which the petitioners argued may contribute to an increase in lead exposure that was not previously accounted for in the Moore et al. publication (Ref. 2). However, we note that not all studies evaluated lead acetate, and not all the study designs were adequate. For example, the number of test subjects used in some studies was not adequate to ensure sufficient statistical power of the study, while in many studies, the surface area, location of application of the test substance, and the amount applied did not appropriately reflect the intended conditions of use of lead acetate to color hair on the scalp. These limitations made interpretation of the combined results from these studies difficult, and FDA was unable to reconcile all the reported findings related to absorption percentages and the lead levels claimed to be present in sweat and saliva (Ref. 2).

    Given the deficiencies identified by FDA in the study by Moore et al. that may have resulted in underestimation of the amount of lead acetate that is transdermally absorbed, FDA chose to conduct further research on potential absorption from this use. FDA used in silico modeling (ConsExpo, Netherlands (Ref. 9)) to predict the percentage of dermal absorption of lead that may result from application of lead acetate hair dye to hair on the full human scalp based on empirically derived diffusion coefficients. Contrary to the 0 to 0.3 percent lead absorption reported by Moore et al. (Ref. 1), the results from our in silico modeling predicted higher levels of lead absorption from dermal application of lead acetate hair dyes containing 0.6 percent lead to the entire scalp under the intended conditions of use (Ref. 2).

    To calculate the maximum amount of lead that could be absorbed, FDA utilized its modeled percent absorption values and the estimated levels previously reported in CAP 3C0107 (0.18 ml of hair dye reaching the scalp), considering an application of 6 ml of hair dye containing the maximum permitted 0.6 percent lead to the surface area of the full human scalp (580 cm2)—rather than only the 10 cm2 area on the forehead—for 24 hours. Assuming that the hair dye would be applied two times per week, FDA estimated that the daily exposure to lead would be significantly higher than what was previously thought in 1980 (see details in Ref. 3).

    D. Petitioners' Assertion No. 4

    “Overall exposure to lead in the United States has dropped since 1980 so FDA's conclusion that the exposure was insignificant is no longer valid.” The petitioners argue that, since 1980, “both exposures and blood lead levels have dropped dramatically as a result of Congressional action to limit lead in consumer products and reduce exposure to the legacy of lead uses.” The petitioners provide information to demonstrate that the average blood lead level of an adult in the United States has decreased dramatically since 1980.

    FDA Assessment: In the 1980 final rule on lead acetate, FDA stated that the average U.S. adult steady-state blood lead level was approximately 17 µg/dL. This amount was retained from the initial 35 µg of lead that was absorbed and internalized per day following normal human daily lead intakes of 100 to 500 µg from all food and environmental sources (45 FR 72112 at 72113). Based on the National Health and Nutrition Examination Survey (NHANES) results for 2015-2016, the geometric mean and 50th percentile (median) blood lead levels for U.S. adults 20 years and older were reported to be 0.920 µg/dL (95 percent confidence interval of 0.862-0.982 µg/dL) and 0.880 µg/dL (95 percent confidence interval of 0.810-0.960 µg/dL), respectively (Ref. 10). Therefore, we agree with the petitioners that the average adult blood lead level in the United States has decreased significantly since 1980 and our conclusion in 1980 that exposure to lead from the listed use of lead acetate hair dye is insignificant is no longer valid.

    E. Petitioners' Assertion No. 5

    “Post-1980 evidence indicates that lead acetate is likely to be ingested from typical use.” The petitioners provide publications by Mielke et al. (1997) (Ref. 11) and Deeb et al. (2014) (Ref. 12) to support their assertion that lead acetate in hair dye is likely to be ingested from typical use of lead acetate-containing hair dye, by both users of the dye and non-users (including children), from hand-to-mouth activity after contacting objects such as a faucet and comb contaminated with the hair dye or from touching a user's hair.

    FDA Assessment: The study by Mielke et al. measured the lead content of hair dyes and lead residues on hands and on other surfaces, including combs, hair dye containers, hair drier handles, faucets, and telephone receivers, by users after applying lead acetate hair dye to their hair. Mielke et al. reported a wide range of residual lead levels on hands and surfaces touched by the hair dye user. FDA notes that the study results show a potential for lead from the lead acetate-containing hair dye product to transfer to other surfaces from the hands that have been in contact with the lead acetate-containing hair dye. However, the study by Mielke et al. did not evaluate ingestion of lead from these contaminated surfaces. Therefore, this study does not demonstrate that lead acetate is likely to be ingested from its use in hair dye. Deeb et al. reported on a case of a 52-year old male patient who presented with adverse effects attributed to repeated application of lead acetate-containing hair dye on his beard. We note that this is a report on one person that applied the hair dye to facial hair contrary to the required cautionary statement on the product. The color additive lead acetate is not approved for use in coloring facial hair and this would be considered a misuse of the product.

    Therefore, FDA concludes that the information provided by the petitioners is not sufficient to support their assertion that ingestion is likely to occur from the approved use of lead acetate in hair dye (Ref. 2). Furthermore, FDA has not identified any other relevant scientific publications that demonstrate ingestion resulting from the regulated use of lead acetate in cosmetics intended for coloring hair on the scalp.

    F. Petitioners' Assertion No. 6.

    “Canada and Europe found the use of lead acetate as a color additive to be unsafe.” The petitioners make this assertion based on the decision of Health Canada and the European Union (EU) Scientific Committee on Cosmetic Products and Non-Food Products (SCCNFP) to prohibit the use of lead acetate in cosmetic products sold in Canada and the EU, respectively.

    FDA Assessment: FDA has made its own determination on this petition based on our authority under the FD&C Act, independent of the actions taken by Canada and Europe regarding the use of lead acetate in hair dyes. However, we acknowledge that in 2004, the EU's SCCNFP evaluated and issued an opinion on the use of lead acetate as a cosmetic ingredient, concluding that lead acetate is classified as “toxic to reproduction,” “may cause harm to the unborn child,” and that lead acetate should not be intentionally added to cosmetic products marketed in the EU. Based on this opinion, the EU prohibited the use of lead acetate in cosmetic products in 2004 (Ref. 13).

    FDA also acknowledges that Health Canada found that lead exposure resulting from regular use of lead acetate hair dyes when combined with other sources of lead exposure would result in an increasing cumulative exposure for lead that would potentially have adverse effects, particularly in sensitive populations. In 2005, based on data indicating skin absorption and possible links to carcinogenicity and reproductive toxicity, Health Canada prohibited the use of lead acetate in cosmetic products. Lead acetate-containing hair dyes have not been sold in the Canadian market since 2008 (Ref. 2).

    VI. Updated Evaluation of Safety

    During FDA's review of the petition, we evaluated the information provided by the petitioners and other information that has become available since 1980 when we listed lead acetate for use in hair dye to determine if there is still a reasonable certainty of no harm from the use of this color additive. FDA's basis for listing lead acetate in 1980, as previously stated, was that the absorbed amount of lead from hair dye containing lead acetate was “miniscule” when compared to the average person's background blood lead level and that the resulting increase in exposure from lead acetate-containing hair dye would have no discernible effect on the steady-state blood lead level. Our most recent review of the published literature (Ref. 2), combined with the flaws identified in the Moore study (see section V.B.), suggest that exposure to lead from the use of lead acetate-containing hair dyes is likely to be higher than was estimated in 1980. Considering all the information currently available, the data do not support the safe use of lead acetate as a color additive in cosmetics intended for coloring hair on the scalp.

    In the 1980 final rule on lead acetate, FDA stated that the average person had a steady-state blood lead level of approximately 17 µg/dL (45 FR 72112 at 72113). This amount was retained from the initial 35 µg of lead that was absorbed and internalized per day following normal human lead intakes of 100 to 500 µg from all food and environmental sources. As discussed previously, the median blood lead level for U.S. adults 20 years and older based on 2015-2016 NHANES survey data was 0.88 µg/dL (Ref. 10). The NHANES data on blood lead levels indicates that lead exposure has decreased significantly in the U.S. general population. As a result, any increase in exposure to lead resulting from use of lead acetate-containing hair dye can no longer be considered insignificant in terms of public health.

    Considering: (1) The lack of evidence of a safe level of exposure for lead; (2) the reported adverse effects associated with low levels of lead exposure reported by NTP (discussed in section V.A.); (3) the statements and current recommendations by CDC and JECFA on lead exposure (discussed in section V.A.); (4) the deficiencies of the percutaneous absorption study by Moore et al. that may have resulted in an underestimate of exposure to lead from the use of lead-acetate containing hair dye (discussed in section V.B.); and (5) the significant reduction in median blood lead levels since 1980 (discussed in section V.D.), FDA concludes that the original basis for listing lead acetate is no longer valid and that there is no longer a reasonable certainty that no harm would result from the use of lead acetate as a color additive in cosmetics intended to color hair on the scalp.

    VII. Applicability of the Delaney Clause

    The Delaney Clause consists of two parts. The first part (section 721(b)(5)(B)(i) of the FD&C Act) pertains specifically to ingested color additives. The second part (section 721(b)(5)(B)(ii) of the FD&C Act) pertains to non-ingested color additives. In the 1980 final rule, FDA explained that because the first part of the Delaney Clause (section 721(b)(5)(B)(i) of the FD&C Act) is limited to uses that will or may result in ingestion, it does not apply to the use of lead acetate in hair dye used on the scalp (45 FR 72112 at 72115). In the final rule, FDA also determined, after evaluating scientific evidence relevant to the carcinogenic effects in experimental animals from feeding studies, that these studies are neither “appropriate” nor “relevant” to lead acetate used in hair dye, and therefore there was no basis to find the use of lead acetate in hair dye used on the scalp to be unsafe pursuant to the second part of the Delaney Clause (section 721(b)(5)(B)(ii) of the FD&C Act).

    The petitioners argue that the 2004 NTP report designating lead and lead compounds (including lead acetate) as “reasonably anticipated to be human carcinogens based on limited evidence of carcinogenicity from studies in humans and sufficient evidence of carcinogenicity from studies in experimental animals,” other published in vitro studies, and occupational exposure studies submitted in the petition are sufficient to make the conclusion that lead acetate is unsafe and that section 721(b)(5)(B) of the FD&C Act should apply (Ref. 2). The petitioners argue that the first part of the Delaney Clause should apply based on their assertion that lead acetate in hair dye is likely to be ingested from typical use of lead acetate-containing hair dye for both users of the dye and non-users (including children), from hand-to-mouth activity after contacting objects such as a faucet contaminated with the hair dye or a user's hair with the dye—in other words, that there is incidental ingestion resulting from the intended use of the lead acetate in hair dye. To support this assertion, the petitioners submit publications by Mielke et al. and Deeb et al. (discussed in section V.E.). FDA concluded that the petition does not provide sufficient scientific evidence to support the petitioners' assertion of incidental ingestion resulting from typical use of lead acetate-containing hair dye. Because FDA has determined that the petition does not provide sufficient scientific evidence to support the assertions of ingestion from the use of lead acetate-containing hair dye, FDA has not found it necessary as part of its petition response to determine whether the first part of the Delaney Clause would apply to incidental ingestion of lead acetate from its use in hair dye.

    The petitioner did not submit any information demonstrating carcinogenicity via dermal exposure, and FDA is not aware of any such information; FDA continues to find that the available animal feeding studies are not applicable or relevant to dermally applied lead acetate hair dyes under section 721(b)(5)(B)(ii) of the FD&C Act.

    VIII. Comments on the Notice of Petition

    We provided 60 days for comments on the notice of petition. A total of 220 individual comments were submitted to the docket after the notice of petition published. One group submitted a comment on behalf of 61 organizations, and another group submitted a comment supported by 26,198 signatures that they collected that were all in support of the petition. Overall, most of the comments did not contain any substantive new data or information that could inform FDA's evaluation of the petition. The overwhelming majority of the individual comments expressed support for granting the petition based on reported adverse health effects of lead and urged FDA to repeal the regulation.

    (Comment 1) One comment, submitted by Combe, Inc. (Combe) urged FDA to deny the petition. Combe states that, in the 1970s, it marketed a cream-based hair dye product containing 0.6 percent lead acetate trihydrate (0.34 percent lead) and a liquid formula containing 0.4 percent lead acetate trihydrate (0.23 percent lead). In 1998, Combe reformulated its liquid and foam lead acetate hair dye products to reduce the lead content. Combe states that the reformulated liquid product contains 0.28 percent lead acetate trihydrate (0.153 percent lead) and the foam product contains 0.25 percent lead acetate trihydrate (0.138 percent lead), thereby reducing the amount of lead absorbed daily to a level lower than the amount FDA considered to be safe in 1980. In its comment, Combe provides exposure estimates based on these reformulation levels.

    Combe funded the 1978 radioactive tracer skin lead absorption study that was required by FDA (published by Moore et al. in 1980 (Ref. 1)), and emphasized that this study remains the only human skin lead absorption study using a hair dye formulation. Combe maintains that the amount of lead resulting from the use of its lead acetate hair dyes is trivial and considers the exposure to be essentially zero. Combe considers the studies submitted by the petitioners to be either inadequate or not pertinent to evaluating the safety of lead acetate under the intended conditions of use of the hair dye.

    (Response) FDA agrees with Combe that some of the studies submitted in the petition had deficiencies in their designs, and the study results were inconsistent and difficult to interpret. FDA also agrees with Combe that the 1978 radioactive tracer skin lead absorption study (published in 1980 by Moore et al. (Ref. 1)) is applicable for studying human skin lead absorption. However, as discussed in section V, FDA identified several significant deficiencies in the Moore et al. study. In particular, Moore et al. applied the formulation to an 8 to 10 cm2 surface area on the forehead, which is not consistent with the intended conditions of use for the hair dye product, this may have resulted in lowering absorption and underestimating the exposure to lead.

    We acknowledge that the reformulation of Combe's hair dye products likely reduces exposure to lead as compared to use at the maximum permitted level. However, the regulation allows for use up to 0.6 percent lead in hair dyes; therefore, FDA must evaluate the safety of this maximum permitted use level. FDA also notes that Combe's updated estimated exposures for the reformulated products still relied on the dermal absorption results from the 1978 study that applied the test substance to a small surface area on the forehead. Based on newer information available, application of formulations containing lead acetate to small skin surface area significantly limits the percentage of absorption, likely resulting in underestimating the exposure.

    (Comment 2) Combe discusses the petitioners' reliance on the regulatory decisions by the EU and Canada to ban lead acetate. Combe refers to these decisions as grounded in the“precautionary principle,” and states that the decisions were nonscientific resolutions of controversial issues that resulted in regulatory actions. Combe argues that such an approach is not permitted under the risk-based science standards required by the FD&C Act.

    (Response) FDA is not relying on the decisions made by regulatory bodies of other governments in this action. Rather, FDA's determination is based on whether the available scientific evidence shows that there is a reasonable certainty of no harm from the use of this color additive.

    (Comment 3) Combe states that since the 1960 Color Additive Amendments, FDA has issued several color additive (and food additive) regulations and that many of these regulations include specification limits for lead content that FDA considers to be “safe.” Combe urges that, in its administrative and enforcement actions, FDA must be consistent in implementing the FD&C Act with respect to similar matters. Combe also asserts that the 10 parts per million (ppm) maximum lead level that FDA recommended for lead as an impurity in cosmetic lip products and externally applied cosmetics products in the draft guidance document entitled “Lead in Cosmetic Lip Products and Externally Applied Cosmetics: Recommended Maximum Level Guidance for Industry” is an “approval” and means that the exposure from its reformulated products should be considered safe. Specifically, Combe asserts that the “0.24 µg per day lead exposure that FDA determined is safe for adults from lipstick is 5 times more than the 0.046 µg per day lead exposure for adults from lead acetate in the current post-1998 Grecian Formula product.”

    (Response) FDA acknowledges that, since 1960, we have issued several color additive and food additive regulations that include maximum specification limits for lead (and other contaminants) that manufacturers are unable to avoid through good manufacturing practices and might be present as an impurity in the finished additives. However, we note that, unlike hair dyes, in which lead acetate is intentionally added as an ingredient to achieve a coloring effect, these specification limits are for lead that may be present as an impurity in an approved additive. We also note that the specification limits for lead impurities in the finished additives are significantly lower than the 0.6 percent lead level (equivalent to 6,000 ppm) approved in § 73.2936 for use in hair dye products and the levels in Combe's reformulated hair dye products of 0.153 percent lead (equivalent to 1,530 ppm lead) and 0.138 percent lead (equivalent to 1,380 ppm lead). Typically, the levels specified for lead impurities in finished color additives and food additives are 20 ppm or lower. Such impurities might result during the manufacture of the additive (e.g., from impurities in starting materials) or occur naturally and is not the additive itself. FDA generally sets such specifications because it can be difficult to completely eliminate the presence of impurities such as lead.

    The FDA draft guidance that Combe refers to recommends 10 ppm as the maximum level for lead as an impurity (not as an ingredient) in cosmetic lip products and externally applied cosmetics that are marketed in the United States. The estimated exposure of 0.24 µg/d to lead from cosmetic lip products that Combe refers to was a maximum exposure estimated by FDA based on incidental ingestion of lipstick containing lead at 10 ppm. However, contrary to Combe's assertions, our draft guidance is not an approval of this use, nor is it a safety determination. FDA considers the recommended maximum lead level of 10 ppm to be an achievable impurity level, with good manufacturing practices, for a wide range of cosmetics products. Unlike hair dyes where lead acetate is intentionally added as an ingredient to achieve a coloring effect, this recommended maximum level is for lead that may be present as an impurity in certain cosmetics.

    FDA disagrees that it is being inconsistent in implementing the FD&C Act if it repeals the regulation regarding the use of lead acetate in hair dye under our color additive authority, while also establishing specifications for lead as an impurity in certain additives and providing a recommended maximum level for lead as an impurity in certain cosmetics. These actions are consistent with FDA's authority for color additives, food additives, and cosmetics, as well as our public health goal of reducing consumer exposure to lead to the greatest extent that is technically feasible.

    IX. Conclusion

    Following a full evaluation of the data submitted in support of CAP 7C0309 and other pertinent data and information, FDA has concluded that the data currently available no longer demonstrate that there is a reasonable certainty of no harm from the use of lead acetate as a color additive in hair dyes authorized under § 73.2396. This conclusion is based on the recognition of the current consensus that there is no safe exposure level for lead, deficiencies identified from our re-evaluation of the 1980 skin absorption study by Moore et al. that may have resulted in an underestimate of exposure to lead from its use in hair dye, and the fact that blood lead levels in the United States have dropped significantly since 1980, so we no longer can conclude that exposure to lead from lead acetate-containing hair dye has no discernible effect on the steady-state blood lead level. Therefore, to protect the public health, we are amending 21 CFR part 73 as set forth in this document. Upon the effective date (see DATES), use of lead acetate as a color additive in cosmetics intended for coloring hair on the scalp is no longer authorized.

    FDA is exercising enforcement discretion for a period of 12 months from the effective date of the final rule regarding marketed hair dye products that contain the color additive lead acetate to provide an opportunity for industry to deplete the current stock of hair dye products with lead acetate and reformulate products prior to enforcing the requirements of this final rule. Such products must comply with the requirements of § 73.2396, including the specifications, uses and restrictions, and labeling requirements. This period of enforcement discretion takes into consideration the fact that bismuth citrate, which is listed in 21 CFR 73.2110 for use in cosmetic hair dye products at a level up to 2.0 percent weight/volume, is already being used as an alternative for lead acetate in hair dye products marketed both in the United States and other countries.

    X. Public Disclosure

    In accordance with § 71.15 (21 CFR 71.15), the petition and the documents that we considered and relied upon in reaching our decision to approve the petition will be made available for public disclosure (see FOR FURTHER INFORMATION CONTACT). As provided in § 71.15, we will delete from the documents any materials that are not available for public disclosure.

    XI. Analysis of Environmental Impact

    We previously considered the environmental effects of this rule, as stated in the April 4, 2017, Federal Register notice of petition for CAP 7C0309. We stated that we had determined, under 21 CFR 25.32(m), that this action is of a type that does not individually or cumulatively have a significant effect on the human environment such that neither an environmental assessment nor an environmental impact statement is required. We have not received any new information that would affect our previous determination.

    XII. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 is not required.

    XIII. Objections

    This rule is effective as shown in the “DATES” section, except as to any provisions that may be stayed by the filing of proper objections. If you will be adversely affected by one or more provisions of this regulation, you may file with the Dockets Management Staff (see ADDRESSES) either electronic or written objections. You must separately number each objection, and within each numbered objection you must specify with particularity the provision(s) to which you object, and the grounds for your objection. Within each numbered objection, you must specifically state whether you are requesting a hearing on the particular provision that you specify in that numbered objection. If you do not request a hearing for any particular objection, you waive the right to a hearing on that objection. If you request a hearing, your objection must include a detailed description and analysis of the specific factual information you intend to present in support of the objection in the event that a hearing is held. If you do not include such a description and analysis for any particular objection, you waive the right to a hearing on the objection.

    Any objections received in response to the regulation may be seen in the Dockets Management Staff office between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at https://www.regulations.gov. We will publish notice of the objections that we have received or lack thereof in the Federal Register.

    XIV. References

    The following references marked with an asterisk (*) are on display at the Dockets Management Staff (see ADDRESSES) and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they also are available electronically at https://www.regulations.gov. References without asterisks are not on public display at https://www.regulations.gov because they have copyright restriction. Some may be available at the website address, if listed. References without asterisks are available for viewing only at the Dockets Management Staff. FDA has verified the website addresses, as of the date this document publishes in the Federal Register, but websites are subject to change over time.

    1. Moore, M.R., P.A. Meredith, W.S. Watson, et al., “The Percutaneous Absorption of Lead-203 in Humans From Cosmetic Preparations Containing Lead Acetate, as Assessed by Whole-Body Counting and Other Techniques,” Food and Cosmetics Toxicology, 18:399-405, 1980. *2. Memorandum from M. K. Wyatt, Cosmetics Division, OCAC, CFSAN, FDA to M. Harry, Division of Petition Review, OFAS, CFSAN, FDA, September 18, 2018. *3. Memorandum from H. Lee, Division of Petition Review, OFAS, CFSAN, FDA to M. Harry, Division of Petition Review, OFAS, CFSAN, FDA, September 19, 2018. *4. Center for Disease Control and Prevention, “What Do Parents Need to Know to Protect Their Children?” https://www.cdc.gov/nceh/lead/acclpp/blood_lead_levels.htm. *5. Agency for Toxic Substances and Disease Registry (ATSDR), “Toxicological Profile for Lead,” August 2007. https://www.atsdr.cdc.gov/toxprofiles/TP.asp?id=96&tid=22. *6. U.S. Department of Health and Human Services, National Toxicology Program, “NTP Monograph on Health Effects of Low-Level Lead.” https://ntp.niehs.nih.gov/ntp/ohat/lead/final/monographhealtheffectslowlevellead_newissn_508.pdf. 7. “Evaluation of Certain Food Additives and Contaminants: Seventy-Third Report of the Joint FAO/WHO Expert Committee on Food Additives,” WHO Tech Report Series No. 960. 2011. http://apps.who.int/iris/bitstream/10665/44515/1/WHO_TRS_960_eng.pdf. *8. U.S. Environmental Protection Agency, “Basic Information about Lead in Drinking Water. Health Effects of Exposures to Lead in Drinking Water. Is there a Safe Level of Lead in Drinking Water?” https://www.epa.gov/ground-water-and-drinking-water/basic-information-about-lead-drinking-water. 9. Delmaar, J.E., M.V. Park, and J.G. van Engelen, “ConsExpo-Consumer Exposure and Uptake Models,” RIVM report no. 320104004, http://www.rivm.nl/en/Topics/C/ConsExpo. *10. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, “Fourth National Report on Human Exposure to Environmental Chemicals, Updated Tables, March 2018, Volume One.” https://www.cdc.gov/exposurereport/pdf/FourthReport_UpdatedTables_Volume1_Mar2018.pdf. 11. Mielke, H.W., M.D. Taylor, C.R. Gonzales, et al., “Lead-Based Hair Coloring Products: Too Hazardous for Household Use,” Journal of the American Pharmaceutical Association, NS37:85-89, 1997b. 12. Deeb, W., D. Cachia, C. Quinn, et al., “Peripheral Neuropathy After Hair Dye Exposure: A Case Report,” Journal of Clinical Neuromuscular Disease, 15:161-163, 2014. *13. The Scientific Committee on Cosmetic Products and Non-Food Products Intended for Consumers. Opinion Concerning Lead Acetate, SCCNFP/0832/04, July 1, 2004. http://ec.europa.eu/health/ph_risk/committees/sccp/documents/out286_en.pdf. List of Subjects in 21 CFR Part 73

    Color additives, Cosmetics, Drugs, Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 73 is amended as follows:

    PART 73—LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION 1. The authority citation for part 73 continues to read as follows: Authority:

    21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e.

    § 73.2396 [Removed]
    2. Remove § 73.2396. Dated: October 25, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-23725 Filed 10-30-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF DEFENSE Department of the Navy 32 CFR Part 706 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 AGENCY:

    Department of the Navy (DoN), DoD.

    ACTION:

    Final rule.

    SUMMARY:

    The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS CINCINNATI (LCS 20) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

    DATES:

    This rule is effective October 31, 2018 and is applicable beginning October 19, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Lieutenant Commander Kyle Fralick, JAGC, U.S. Navy, Admiralty Attorney, (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave. SE, Suite 3000, Washington Navy Yard, DC 20374-5066, telephone number: 202-685-5040.

    SUPPLEMENTARY INFORMATION:

    Pursuant to the authority granted in 33 U.S.C. 1605, the DoN amends 32 CFR part 706.

    This amendment provides notice that the DAJAG (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS CINCINNATI (LCS 20) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Annex I, paragraph 2(a)(i), pertaining to the height of the forward masthead light above the hull; Annex I, paragraph 3(a), pertaining to the location of the forward masthead light in the forward quarter of the ship and the horizontal distance between the forward and after masthead light; Rule 21(a) and Annex I, paragraph 2(f)(i), requiring the masthead lights be above and clear of all other lights and obstructions; Annex I, paragraph 2(f)(ii) and Annex I, paragraph 3(c), pertaining to the horizontal and vertical spacing of task lights; and Rule 27(b)(i) and Annex I, paragraph 9(b), pertaining to the visibility of task lights. The DAJAG (Admiralty and Maritime Law) has also certified that the lights involved are located in closest possible compliance with the applicable 72 COLREGS requirements.

    Moreover, it has been determined, in accordance with 32 CFR parts 296 and 701, that publication of this amendment for public comment prior to adoption is impracticable, unnecessary, and contrary to public interest since it is based on technical findings that the placement of lights on this vessel in a manner differently from that prescribed herein will adversely affect the vessel's ability to perform its military functions.

    List of Subjects in 32 CFR Part 706

    Marine safety, Navigation (water).

    For the reasons set forth in the preamble, the DoN amends part 706 of title 32 of the Code of Federal Regulations as follows:

    PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 1. The authority citation for part 706 continues to read as follows: Authority:

    33 U.S.C. 1605.

    2. Section 706.2 is amended by: a. In Table One, adding, in alpha numerical order, by vessel number, an entry for USS CINCINNATI (LCS 20); b. In Table Four, under Paragraph 15, adding, in alpha numerical order, by vessel number, an entry for USS CINCINNATI (LCS 20); c. In Table Four, under Paragraph 16, adding, in alpha numerical order, by vessel number, an entry for USS CINCINNATI (LCS 20); d. In Table Four, under Paragraph 27, adding, in alpha numerical order, by vessel number, an entry for USS CINCINNATI (LCS 20); and e. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS CINCINNATI (LCS 20).
    § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. Table One Vessel No. Distance in meters
  • of forward masthead
  • light below minimum
  • required height.
  • § 2(a)(i) Annex I
  • *         *         *         *         *         *         * USS CINCINNATI (LCS 20) 4.2 *         *         *         *         *         *         *

    15. * * *

    Table Four  *         *         *         *         *         *         * Vessel No. Horizontal distances from the
  • fore and aft centerline of the
  • vessel in the athwartship direction
  • *         *         *         *         *         *         * USS CINCINNATI LCS 20 Upper—0.20 meters.
  • Middle—1.3 meters.
  • Lower—1.3 meters.
  • *         *         *         *         *         *         *

    16. * * *

    Vessel No. Obstruction angle relative
  • ship's headings
  • *         *         *         *         *         *         * USS CINCINNATI LCS 20 72° thru 74°.
  • 286° thru 288°.
  • *         *         *         *         *         *         *

    27. On the following ships, the arc of visibility of the middle task light (restricted maneuverability), required by the rule 27(b)(i) and Annex I, paragraph 9(b)(i), may be obstructed at the following angles relative to ship's heading;

    Vessel No. Obstruction angle relative
  • ship heading
  • USS CINCINNATI LCS 20 47° thru 59°.
  • 301° thru 313°.
  • Table Five Vessel No. Masthead lights
  • not over all
  • other lights and
  • obstructions.
  • Annex I,
  • sec. 2(f)
  • Forward
  • masthead
  • light not in
  • forward
  • quarter of
  • ship. Annex I,
  • sec. 3(a)
  • After masthead
  • light less than
  • 1/2 ship's length
  • aft of forward
  • masthead light.
  • Annex I, sec. 3(a)
  • Percentage
  • horizontal
  • separation
  • attained
  • *         *         *         *         *         *         * USS CINCINNATI (LCS 20) X X 15.2 *         *         *         *         *         *         *
    Approved: October 19, 2018. A.S. Janin, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). Dated: October 19, 2018. Meredith Steingold Werner, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-23374 Filed 10-30-18; 8:45 am] BILLING CODE 3810-FF-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 141 [EPA-HQ-OW-2018-0558; FRL-9985-19-OW] Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures Correction

    In rule document 2018-22162, appearing on pages 51636 through 51652, in the issue of Friday, October 12, 2018, make the following corrections:

    1. On page 51646, in the table labelled “ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.24(e)(1),” for the Contaminant “Atrazine” and the Methodology “Solid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS),” the EPA Method should read “525.3 24, 523 26” and the SM 21st edition 1 should be blank.

    2. On page 51647, in the table labelled “ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.24(e)(1)—Continued,” for the Contaminant “Simazine” and the Methodology “Solid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS),” the EPA Method should read “525.3 24, 523 26” and the SM 21st edition 1 should be blank.

    3. On the same page, in the same table, for the Contaminant “Total Trihalomethanes” and the Methodology “Purge &Trap/Gas Chromatography/Mass Spectrometry,” the EPA Method should read “524.3 9, 524.4 29” and the SM 21st edition 1 should be blank.

    4. On page 51649, in the table labelled “ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.131(b)(1)—Continued,” the second Contaminant should read “Chlorite—daily monitoring as prescribed in 40 CFR 141.132(b)(2)(i)(A)”.

    5. On the same page, in the same table, on the same row, the Methodology should read “Amperometric Titration” and the EPA Method should be blank.

    6. On page 51650, in the table labelled “ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b),” for the Contaminant “Chloride” and the Methodology “Silver Nitrate Titration,” the SM 21st edition 1 should read “4500-Cl B”.

    7. On the same page, in the same table, on the same row, the SM 22nd edition,28 SM 23rd edition 49 should read “4500-Cl B”.

    [FR Doc. C1-2018-22162 Filed 10-30-18; 8:45 am] BILLING CODE 1301-00-D
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 211 and 252 [Docket DARS-2018-0048] RIN 0750-AJ95 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Acquisition Streamlining” (DFARS Case 2018-D033) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a clause that is no longer necessary.

    DATES:

    Effective October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Carrie Moore, telephone 571-372-6093.

    SUPPLEMENTARY INFORMATION:

    I. Background

    DoD is amending the DFARS to remove DFARS clause 252.211-7000, Acquisition Streamlining, and the associated clause prescription at DFARS 211.002-70. This clause is included in all solicitations and contracts for systems acquisition programs and requires contractors to: Prepare acquisition streamlining recommendations in accordance with the performance work statement; format and submit the recommendations in accordance with the contract data requirements list of the contract; and include the clause in all subcontracts valued over $1.5 million that are awarded in the performance of the contract. DoD may accept, modify, or reject the contractor's recommendations.

    This clause was added to the DFARS to implement a requirement of DoD Directive (DoDD) 5000.43, Acquisition Streamlining. DoDD 5000.43 has been cancelled and replaced by DoD Instruction 5000.02, Operation of the Defense Acquisition System, which requires contractors to submit acquisition streamlining recommendations. Additionally, Federal Acquisition Regulation (FAR) subpart 7.1, Acquisition Plans, already includes acquisition streamlining and industry engagement as considerations to be made when preparing a written acquisition plan. As the implementing DoDD has been cancelled and FAR subpart 7.1 addresses acquisition streamlining, this DFARS clause is unnecessary and can be removed.

    The removal of this DFARS text supports a recommendation from the DoD Regulatory Reform Task Force. On February 24, 2017, the President signed Executive Order (E.O.) 13777, “Enforcing the Regulatory Reform Agenda,” which established a Federal policy “to alleviate unnecessary regulatory burdens” on the American people. In accordance with E.O. 13777, DoD established a Regulatory Reform Task Force to review and validate DoD regulations, including the DFARS. A public notice of the establishment of the DFARS Subgroup to the DoD Regulatory Reform Task Force, for the purpose of reviewing DFARS provisions and clauses, was published in the Federal Register at 82 FR 35741 on August 1, 2017, and requested public input. The following public comment was received on this clause:

    Comment: The respondent states that the clause is ineffective, because a contractor who has already been awarded a contract may have a vested interest in preserving the contract, as awarded, and may not be the best source for innovation. Instead, the respondent suggests that targeted surveys sent to both successful and unsuccessful offerors after award may be more effective than a mandatory clause for a single awardee.

    Response: DoD will continue to encourage industry participation during the design and development of contract requirements and through other methods.

    The DoD Task Force reviewed the requirements of DFARS clause 252.211-7000, Acquisition Streamlining, and determined that the DFARS coverage was unnecessary and recommended removal.

    II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

    This rule only removes obsolete DFARS clause 252.211-7000, Acquisition Streamlining. Therefore, the rule does not impose any new requirements on contracts at or below the simplified acquisition threshold and for commercial items, including commercially available off-the-shelf items.

    III. Publication of This Final Rule for Public Comment Is Not Required by Statute

    The statute that applies to the publication of the FAR is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because DoD is not issuing a new regulation; rather, this rule merely removes an obsolete requirement from the DFARS.

    IV. Executive Orders 12866 and 13563

    E.O. 12866, Regulatory Planning and Review, and E.O. 13563, Improving Regulation and Regulatory Review, direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget, Office of Information and Regulatory Affairs, has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2).

    V. Executive Order 13771

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

    VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

    VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Parts 211 and 252

    Government procurement.

    Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 211 and 252 are amended as follows:

    1. The authority citation for 48 CFR parts 211 and 252 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    PART 211—DESCRIBING AGENCY NEEDS
    211.002-70 [Removed]
    2. Remove section 211.002-70. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
    252.211-7000 [Removed and Reserved]
    3. Remove and reserve section 252.211-7000.
    [FR Doc. 2018-23678 Filed 10-30-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 219 and Appendix I to Chapter 2 [Docket DARS-2018-0019] RIN 0750-AJ25 Defense Federal Acquisition Regulation Supplement: Mentor-Protege Program Modifications (DFARS Case 2017-D016) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Year 2017 that provide modifications to the DoD Pilot Mentor-Protégé Program.

    DATES:

    Effective October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Jennifer D. Johnson, telephone 571-372-6100.

    SUPPLEMENTARY INFORMATION:

    I. Background

    DoD published a proposed rule in the Federal Register at 83 FR 19677 on May 4, 2018, to implement section 1823 and paragraph (b) of section 1813 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. Sections 1823 and 1813 provide modifications to the DoD Pilot Mentor-Protégé Program (“the Program”). Section 1823 revises the definition and requirements associated with affiliation between mentor firms and their protégé firms. Both sections add new types of assistance for mentor firms to provide to their protégé firms.

    II. Discussion and Analysis

    One respondent submitted a public comment in response to the proposed rule. DoD reviewed the public comment in the development of the final rule.

    A. Summary of Significant Changes From the Proposed Rule

    There are no changes made to the final rule as a result of the public comment.

    B. Analysis of Public Comments

    Comment: The respondent recommended a change to the proposed text in Appendix I, section I-107, paragraph (h). Specifically, the respondent proposed limiting the assistance to be provided by the mentor firm regarding Federal contract regulations to “guidance in obtaining training to enable understanding Federal contract regulations” instead of “assistance the mentor will provide to the protégé firm in understanding Federal contract regulations” as stated in the proposed rule. The rationale was that the text in the proposed rule could potentially expose the mentor firm to liability when inevitable misunderstandings occur due to the complexity of the regulations.

    Response: In drafting the text of I-107 paragraph (h), DoD used language that was very close to the text of section 1813 of the NDAA for FY 2017. The statutory language and, consequently, the draft DFARS text add to the mentor-protégé agreement an element in which the mentor will identify the assistance it will provide to the protégé in an effort to facilitate the protégé's understanding of Federal contract regulations. Such assistance could include guidance in obtaining training on the regulations, but it also could include other forms of assistance.

    C. Other Changes

    The final rule includes a minor editorial change. In section I-111, paragraph (e) is revised to update the reference to renumbered paragraphs in I-107.

    III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

    This final rule does not add any new provisions or clauses or impact any existing provisions or clauses.

    IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

    V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866.

    VI. Regulatory Flexibility Act

    A final regulatory flexibility analysis (FRFA) has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows:

    This final rule is necessary to implement statutory modifications to the DoD Pilot Mentor-Protégé Program (“the Program”). This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 1823 and paragraph (b) of section 1813 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017, which provide modifications to the Program. Specifically, section 1823 revises the definition and requirements associated with affiliation between mentor firms and their protégé firms. Both sections add new types of assistance for mentors to provide to their protégés.

    There were no issues raised by the public in response to the initial regulatory flexibility analysis provided in the proposed rule.

    The rule will apply to small entities that participate in the Program. There are currently 72 small entities participating in the Program as protégé firms and six small entities participating as mentors.

    The rule does not impose any reporting or recordkeeping requirements on any small entities.

    DoD has not identified any alternatives that would meet the requirements of the applicable statute.

    VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Part 219 and Appendix I to Chapter 2

    Government procurement.

    Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 219 and appendix I to chapter 2 are amended as follows:

    1. The authority citation for 48 CFR part 219 and appendix I to chapter 2 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    PART 219—SMALL BUSINESS PROGRAMS
    219.7100 [Amended]
    2. Amend section 219.7100 by removing “November 25, 2015” and adding “December 23, 2016” in its place. 3. Amend appendix I to chapter 2 as follows: a. In section I-101 by— i. Redesignating sections I-101.1 through I-101.6 as sections I-101.2 through I-101.7, respectively; and ii. Adding new section I-101.1. b. In section I-102 by— i. Redesignating paragraphs (e) and (f) as paragraphs (f) and (g), respectively; ii. Adding new paragraph (e); and iii. In newly redesignated paragraph (f), removing “Subpart 9.4” and adding “subpart 9.4” in its place. c. In section I-106 by adding paragraph (d)(6)(v). d. In section I-107 by— i. Redesignating paragraphs (h) through (o) as paragraphs (i) through (p), respectively; and ii. Adding new paragraph (h). e. Amending section I-111 by removing “I-107(k) through (m)” from paragraph (e) and adding “I-107(l) through (n)” in its place.

    The additions read as follows:

    Appendix I to Chapter 2—Policy and Procedures for the DoD Pilot Mentor Protégé Program I-101.1 Affiliation.

    With respect to a relationship between a mentor firm and a protégé firm, a relationship described under 13 CFR 121.103.

    I-102 Participant eligibility.

    (e) A mentor firm may not enter into an agreement with a protégé firm if SBA has made a determination of affiliation. If SBA has not made such a determination and if the DoD Office of Small Business Programs (OSBP) has reason to believe, based on SBA's regulations regarding affiliation, that the mentor firm is affiliated with the protégé firm, then DoD OSBP will request a determination regarding affiliation from SBA.

    I-106 Development of mentor-protégé agreements.

    (d) * * *

    (6) * * *

    (v) Women's business centers described in section 29 of the Small Business Act (15 U.S.C. 656).

    I-107 Elements of a mentor-protégé agreement.

    (h) The assistance the mentor will provide to the protégé firm in understanding Federal contract regulations, including the FAR and DFARS, after award of a subcontract under the Program, if applicable;

    [FR Doc. 2018-23673 Filed 10-30-18; 8:45 am] BILLING CODE 5001-06p-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 228 and 252 [Docket DARS-2018-0049] RIN 0750-AJ98 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision “Bonds or Other Security” (DFARS Case 2018-D036) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a provision that is no longer necessary.

    DATES:

    Effective October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Carrie Moore, telephone 571-372-6093.

    SUPPLEMENTARY INFORMATION: I. Background

    DoD is amending the DFARS to remove DFARS provision 252.228-7004, Bonds or Other Security, and the associated clause prescription at DFARS 228.170. The Miller Act (40 U.S.C. 3131 to 3134) requires contractors on certain construction contracts to post bonds that guarantee performance of the contract and payment to subcontractors and suppliers. Several Federal Acquisition Regulation (FAR) clauses are available to implement these requirements on construction contracts. While the guarantees of the Miller Act do not apply to contracts for demolition, dismantling, or removal of improvements, FAR 37.302 permits the contracting officer to require a performance bond or other security, in accordance with FAR 28.103, on such contracts when it is necessary to ensure completion of the work or protect property or payment of suppliers.

    For DoD, when performance bonds or other securities are necessary for contracts that involve dismantling, demolition, or removal of improvements, this DFARS provision is included in the solicitation. The provision requires offerors to furnish a bid guarantee with their offer; advises that, upon notice of award, the successful offeror shall provide the Government with the performance bond and any payment due within a set timeframe; and, identifies the acceptable sureties that can be used to support the bond.

    In reviewing existing FAR provisions and clauses, it was determined that FAR clause 52.228-16, Performance and Payment Bonds—Other than Construction, and FAR provision 52.228-1, Bid Guarantee, provide the information contained in the DFARS provision and can be included in solicitations and contracts that involve dismantling, demolition, or removal of improvements. The FAR clause ensures completion of the work; protects property associated with the contract effort; requires the offeror to furnish a performance bond within a set amount of time after receiving a notice of award; and, specifies that bonds must be supported by specific sureties. The FAR provision requires offerors to provide a bid guarantee prior to the opening of bids; includes the form and amount of the guarantee to be provided; advises that a resultant contract may be terminated for failure to provide an executed bond after contract award; and, states that the bid guarantee will be used to offset cost in the event of a termination for default. Since the FAR provision and clause can be used to provide the same information included in DFARS provision, this DFARS provision is no longer necessary and can be removed.

    The removal of this DFARS provision supports a recommendation from the DoD Regulatory Reform Task Force. On February 24, 2017, the President signed Executive Order (E.O.) 13777, “Enforcing the Regulatory Reform Agenda,” which established a Federal policy “to alleviate unnecessary regulatory burdens” on the American people. In accordance with E.O. 13777, DoD established a Regulatory Reform Task Force to review and validate DoD regulations, including the DFARS. A public notice of the establishment of the DFARS Subgroup to the DoD Regulatory Reform Task Force, for the purpose of reviewing DFARS provisions and clauses, was published in the Federal Register at 82 FR 35741 on August 1, 2017, and requested public input. No public comments were received on this provision. The DoD Task Force reviewed the requirements of DFARS provision 252.228-7004, Bonds and Other Security, and determined that the DFARS coverage was unnecessary and recommended removal.

    II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

    This rule only removes obsolete DFARS provision 252.228-7004, Bonds or Other Security. Therefore, the rule does not impose any new requirements on contracts at or below the simplified acquisition threshold and for commercial items, including commercially available off-the-shelf items.

    III. Publication of This Final Rule for Public Comment Is Not Required by Statute

    The statute that applies to the publication of the FAR is Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because DoD is not issuing a new regulation; rather, this rule merely removes an obsolete requirement from the DFARS.

    IV. Executive Orders 12866 and 13563

    E.O. 12866, Regulatory Planning and Review, and E.O. 13563, Improving Regulation and Regulatory Review, direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget, Office of Information and Regulatory Affairs, has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2).

    V. Executive Order 13771

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

    VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

    VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Parts 228 and 252

    Government procurement.

    Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 228 and 252 are amended as follows:

    1. The authority citation for 48 CFR parts 228 and 252 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    PART 228—BONDS AND INSURANCE
    228.170 [Removed]
    2. Remove section 228.170. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
    252.228-7004 [Removed and Reserved]
    3. Remove and reserve section 252.228-7004.
    [FR Doc. 2018-23679 Filed 10-30-18; 8:45 am] BILLING CODE 5001-06p-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 236 and 252 [Docket DARS-2018-0050] RIN 0750-AK03 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Option for Supervision and Inspection Services” (DFARS Case 2018-D041) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a clause that is no longer necessary.

    DATES:

    Effective October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Carrie Moore, telephone 571-372-6093.

    SUPPLEMENTARY INFORMATION:

    I. Background

    DoD is amending the DFARS to remove the DFARS clause 252.236-7009, Option for Supervision and Inspection Services, remove the associated clause prescription at DFARS 236.609-70(a)(1), and revise a cross reference in the introductory text to DFARS clause 252.236-7011. DFARS clause 252.236-7009 is used in fixed-price solicitations and contracts for architect-engineering services when the architect may also be required to provide supervision and inspection services during construction. The clause advises contractors that the Government may, at its option, direct the contractor to perform supervision and inspection services for the construction contract. If the need for such services arises, the Government will notify the contractor in writing and the contractor shall proceed with the services upon receipt of the written notification. A description of the scope of the supervision and inspection services is included as an appendix to the contract.

    The need for architect-engineers to perform supervision and inspection services during construction is uncommon. When it is necessary, an option that accurately describes the scope of services can be included in the contract, pursuant to Federal Acquisition Regulation subpart 17.2, Options. Contracting activities can better address these services, to the extent they are needed and the procedures applicable to the requirement, within the scope of a contract. As such, this DFARS clause is unnecessary and can be removed.

    The removal of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force. On February 24, 2017, the President signed Executive Order (E.O.) 13777, “Enforcing the Regulatory Reform Agenda,” which established a Federal policy “to alleviate unnecessary regulatory burdens” on the American people. In accordance with E.O. 13777, DoD established a Regulatory Reform Task Force to review and validate DoD regulations, including the DFARS. A public notice of the establishment of the DFARS Subgroup to the DoD Regulatory Reform Task Force, for the purpose of reviewing DFARS provisions and clauses, was published in the Federal Register at 82 FR 35741 on August 1, 2017, and requested public input. No public comments were received on this clause. Subsequently, the DoD Task Force reviewed the requirements of DFARS clause 252.236-7009, Option for Supervision and Inspection Services, and determined that the DFARS coverage was unnecessary and recommended removal.

    II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

    This rule only removes obsolete DFARS clause 252.236-7009, Option for Supervision and Inspection Services. Therefore, the rule does not impose any new requirements on contracts at or below the simplified acquisition threshold and for commercial items, including commercially available off-the-shelf items.

    III. Publication of This Final Rule for Public Comment Is Not Required by Statute

    The statute that applies to the publication of the FAR is Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because DoD is not issuing a new regulation; rather, this rule merely removes an obsolete requirement from the DFARS.

    IV. Executive Orders 12866 and 13563

    E.O. 12866, Regulatory Planning and Review, and E.O. 13563, Improving Regulation and Regulatory Review, direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget, Office of Information and Regulatory Affairs, has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2).

    V. Executive Order 13771

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

    VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

    VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Parts 236 and 252

    Government procurement.

    Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 236 and 252 are amended as follows:

    1. The authority citation for 48 CFR parts 236 and 252 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    PART 236—CONSTRUCTION AND ARCHITECT—ENGINEER CONTRACTS
    236.609-70 [Amended]
    2. Amend section 236.609-70 by— a. In the section heading, removing “and clause”; b. Removing paragraph (a); and c. Redesignating the introductory text of paragraph (b) as introductory text to the section. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
    252.236—7009 [Removed and Reserved]
    3. Remove and reserve section 252.236-7009.
    252.236-7011 [Amended]
    4. Amend section 252.236-7011, in the introductory text, by removing “236.609-70(b)” and adding “236.609-70” in its place.
    [FR Doc. 2018-23680 Filed 10-30-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 252 [Docket DARS-2018-0051] RIN 0750-AK34 Defense Federal Acquisition Regulation Supplement: Update of Clause on Section 8(a) Direct Award (DFARS Case 2018-D052) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove an obsolete requirement from a DFARS clause.

    DATES:

    Effective October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Jennifer D. Johnson, telephone 571-372-6100.

    SUPPLEMENTARY INFORMATION:

    I. Background

    DoD is amending the DFARS to remove an obsolete requirement from the clause at DFARS 252.219-7009, Section 8(a) Direct Award. The clause currently requires 8(a) contractors to obtain written approval from the Small Business Administration (SBA) and the contracting officer prior to subcontracting the performance of any contract requirements. This requirement no longer exists in SBA's regulations on the 8(a) Business Development Program at 13 CFR part 124.

    II. Discussion and Analysis

    This rule deletes paragraph (c)(2) of the clause at DFARS 252.219-7009. This paragraph contains the obsolete requirement for an 8(a) contractor to obtain written approval from SBA and the contracting officer prior to subcontracting performance of contract requirements. The remaining paragraphs (c) and (c)(1) are combined into a single paragraph (c). This rule also updates an outdated reference in paragraph (c)(1) and makes other minor editorial changes.

    III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

    This rule revises the clause at DFARS 252.219-7009, Section 8(a) Direct Award. This clause currently applies to solicitations and contracts below the simplified acquisition threshold (SAT) and to the acquisition of commercial items, including commercially available off-the-shelf (COTS) items, as defined at Federal Acquisition Regulation (FAR) 2.101.

    DoD is continuing to apply this clause to solicitations and contracts below the SAT and to the acquisition of commercial items, including COTS items. This rule merely removes an obsolete requirement to obtain approval from the contracting officer and SBA prior to subcontracting work under an 8(a) contract. Not applying this guidance to contracts below the SAT and to the acquisition of commercial items, including COTS items, would exclude contracts with 8(a) Program participants that are intended to be covered by this rule and undermine the overarching purpose of the rule. Consequently, DoD plans to apply the rule to contracts below the SAT and to the acquisition of commercial items, including COTS items.

    IV. Expected Cost Savings

    This rule impacts only 8(a) Program participants who do business, or want to do business, with DoD. Currently, 8(a) Program participants who have DoD contracts must obtain written approval from SBA and the contracting officer before subcontracting the performance of any contract requirements in accordance with DFARS clause 252.219-7009. Removal of the requirement to obtain this approval is expected to result in savings for DoD contractors who are 8(a) Program participants.

    The following is a summary of the estimated public and Government cost savings calculated in perpetuity in 2016 dollars at a 7-percent discount rate:

    Summary Public Government Total Present Value ($9,713,886) ($4,856,943) ($14,570,829) Annualized Costs (679,972) (339,986) (1,019,958) Annualized Value Costs (as of 2016 if Year 1 is 2019) (555,060) (277,530) (832,590)

    To access the full Regulatory Cost Analysis for this rule, go to the Federal eRulemaking Portal at www.regulations.gov, search for “DFARS Case 2018-D052,” click “Open Docket,” and view “Supporting Documents.”

    V. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

    VI. Executive Order 13771

    This final rule is considered to be an E.O. 13771 deregulatory action. The total annualized value of the cost savings is $832,590. Details on the estimated cost savings can be found in section IV. of this preamble.

    VII. Publication of This Final Rule for Public Comment Is Not Required by Statute

    The statute that applies to the publication of the FAR is Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because DoD is not issuing a new regulation; rather, this rule merely removes an obsolete requirement from the DFARS, updates an outdated reference and makes minor editorial changes.

    VIII. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section VII. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

    IX. Paperwork Reduction Act

    The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Part 252

    Government procurement.

    Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 252 is amended as follows:

    PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for part 252 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    2. Amend section 252.219-7009 by— a. Removing the clause date of “(SEP 2007)” and adding “(OCT 2018)” in its place; b. In paragraph (a), removing “Partnership Agreement dated” and adding “Partnership Agreement” in its place; and c. Revising paragraph (c) to read as follows:
    252.219-7009 Section 8(a) direct award.

    (c.) The 8(a) Contractor agrees that it will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.515), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with section 407 of Public Law 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

    [FR Doc. 2018-23681 Filed 10-30-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 172 and 175 [Docket No. PHMSA-2015-0100 (HM-259)] RIN 2137-AF10 Hazardous Materials: Notification of the Pilot-in-Command and Response to Air Related Petitions for Rulemaking Correction

    In rule document 2018-22114, appearing on pages 52878 through 52900 in the issue of Thursday, October 18, 2017, make the following correction:

    On page 52895, between row four and row five, the table is corrected by inserting following the row as set forth below.

    Hexafluorophosphoric acid 8 UN1782 II 8 A7, B2, IB2, N3, N34, T8, TP2 None 202 242 1 L 30 L A
    [FR Doc. C1-2018-22114 Filed 10-30-18; 8:45 am] BILLING CODE 1301-00-D
    83 211 Wednesday, October 31, 2018 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2018-0075] RIN 3150-AK12 List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS®; Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 6 Correction

    In proposed rule document 2018-22913 beginning on page 53191 in the issue of Monday, October 22, 2018, make the following correction:

    On page 53192 the table should read as follows:

    Document ADAMS
  • accession
  • No./web link/
  • Federal
  • Register
  • citation
  • Request to Amend Certificate of Compliance No. 1015 for the NAC-UMS® Cask System, dated May 23, 2017 ML17145A380 Revision of Request to Amend Certificate of Compliance No. 1015 for the NAC-UMS® Cask System, dated January 16, 2018 ML18018A893 Revision 11 to NAC-UMS® Final Safety Analysis Report for the UMS Universal Storage System ML16341B102 Proposed CoC No. 1015, Amendment No. 6 ML18088A174 Proposed Technical Specifications ML18088A176 Appendix A—Proposed Technical Specifications ML18088A178 Appendix B—Preliminary Safety Evaluation Report ML18088A181
    [FR Doc. C1-2018-22913 Filed 10-30-18; 8:45 am] BILLING CODE 1301-00-D
    OFFICE OF SCIENCE AND TECHNOLOGY POLICY 32 CFR Part 2402 Implementing the Freedom of Information Act AGENCY:

    Office of Science and Technology Policy.

    ACTION:

    Notice of proposed rulemaking and request for public comment.

    SUMMARY:

    The White House Office of Science and Technology Policy (OSTP) is amending its regulations to implement the FOIA Improvement Act of 2016. The regulations reflect OSTP's policy and practices and reaffirm its commitment to provide the fullest possible disclosure of records to the public.

    DATES:

    Comments will be received through November 30, 2018.

    ADDRESSES:

    Comments of approximately one page or less in length (4000 characters) are requested. All submissions must be in English. Comments may be submitted by any of the following methods:

    Email: [email protected] Include “FOIA PROPOSED RULEMAKING” in the subject line of the message. OSTP does not currently accept attachments sent to the FOIA mailbox. Please paste the text of your comment into the message body of your email.

    Mail: Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Avenue NW, Washington, DC 20502. Attention: “FOIA PROPOSED RULEMAKING.”

    Fax: (202) 395-1224. Please clearly label all submissions as “FOIA PROPOSED RULEMAKING.”

    FOR FURTHER INFORMATION CONTACT:

    Andrew Mendoza, 202-456-4444. Questions about the content of this document should be sent to [email protected] Include “FOIA PROPOSED RULEMAKING” in the subject line of the message. Questions may also be sent by mail (please allow additional time for processing) to: Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Avenue NW, Washington, DC 20502. Attention: “FOIA PROPOSED RULEMAKING.”

    SUPPLEMENTARY INFORMATION:

    OSTP is proposing new regulations to govern its implementation of the Freedom of Information Act (FOIA). In 2013, OSTP implemented its FOIA regulations, currently codified at 32 CFR part 2402. The FOIA Improvement Act of 2016, Pub. L. 114-185, requires each agency to review and update their FOIA regulations in accordance with its provisions. Among other things, the Act makes changes that require agencies to (1) withhold information only when it is reasonably foreseeable that disclosure would harm to an interest protected by an exemption; (2) allow a minimum of 90 days to file an appeal following an adverse determination; and (3) inform requesters of their right to seek dispute resolution services.

    In connection with OSTP's review of its FOIA regulations, OSTP proposes the following rule to update its FOIA regulations, clarifying OSTP's process for responding to requests for information, incorporating new language on partial disclosures of information, increasing the period of time for a requester to appeal an adverse determination from 30 days to 90 days, and requiring OSTP to notify requesters of their right to seek dispute resolution services. Due to the scope of the proposed revisions, the proposed rule would replace OSTP's current FOIA regulations in their entirety. This proposed rule will update OSTP's regulations to reflect the statutory changes to FOIA and improve FOIA-related service and performance, thereby strengthening OSTP's compliance with FOIA. Accordingly, OSTP proposes these regulations implementing FOIA and submits them for public comment.

    Statutory and Executive Order Reviews Executive Order 12866 and 13563

    These regulations have been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review,” section 1(b), Principles of Regulation, and in accordance with Executive Order 13563, “Improving Regulation and Regulatory Review,” section 1(b), General Principles of Regulation. These regulations are not a significant regulatory action under section 3(f) of Executive Order 12866; accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). Further, both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. OSTP has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits.

    Paperwork Reduction Act

    OSTP has determined that the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., does not apply because these regulations do not contain any information collection requirements subject to OMB's approval.

    Executive Order 12988

    These regulations meet the applicable standards set forth in Executive Order 12988, Civil Justice Reform.

    Executive Order 13132

    These regulations will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, OSTP has determined that these regulations do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

    Regulatory Flexibility Act

    OSTP, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed these proposed regulations and certifies that they will not have a significant economic impact on a substantial number of small entities because they pertain to administrative matters affecting the agency.

    Unfunded Mandates Reform Act of 1995

    These regulations will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501, et seq.

    Small Business Regulatory Enforcement Fairness Act of 1996

    These regulations are not major rules as defined by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. They will not result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

    National Environmental Policy Act of 1969

    OSTP has reviewed this action for purposes of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4347, and has determined that this action will not have a significant effect on the human environment.

    List of Subjects in 32 CFR Part 2402

    Administrative practice and procedure, Freedom of information.

    For the reasons set forth in the preamble, OSTP proposes to amend Chapter XXIV by revising 32 CFR part 2402 to read as follows: PART 2402—REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT Sec. 2402.1 Purpose and scope. 2402.2 Delegation of authority and responsibilities. 2402.3 General policy and definitions. 2402.4 Procedure for requesting records. 2402.5 Responses to requests. 2402.6 Timing of Responses to Requests. 2402.7 Confidential commercial information. 2402.8 Appeal of denials. 2402.9 Fees. 2402.10 Waiver of fees. 2402.11 Maintenance of statistics. 2402.12 Disclaimer. Authority:

    5 U.S.C. 552; E.O. 13392, 70 FR 75373, 3 CFR, 2005 Comp., p. 216.

    § 2402.1 Purpose and scope.

    The regulations in this part prescribe procedures by which individuals may obtain access to the Office of Science and Technology Policy (OSTP) agency records under the Freedom of Information Act, 5 U.S.C. 552, as amended (FOIA), as well as the procedures OSTP must follow in response to requests for records under FOIA. The regulations should be read together with the FOIA and the Office of Management and Budget's (OMB) “Uniform Freedom of Information Fee Schedule and Guidelines,” which provides information about access to records. All requests for access to information contained within a system of records pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, shall be processed in accordance with these regulations as well as those contained in 32 CFR part 2403.

    § 2402.2 Delegation of authority and responsibilities.

    (a) The Director of OSTP designates the OSTP General Counsel as the Chief FOIA Officer, and hereby delegates to the Chief FOIA Officer the authority to act upon all requests for agency records and to re-delegate such authority at his or her discretion.

    (b) The Chief FOIA Officer shall designate a FOIA Public Liaison, who shall serve as the supervisory official to whom a FOIA requester can raise concerns about the service the FOIA requester has received following an initial response. The FOIA Public Liaison will be listed on the OSTP website (https://www.whitehouse.gov/ostp/foia) and may re-delegate the FOIA Public Liaison's authority at his or her discretion.

    (c) The Director establishes a FOIA Requester Service Center that shall be staffed by the Chief FOIA Officer and the FOIA Public Liaison. The contact information for the FOIA Requester Service Center is Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Avenue NW, Washington, DC 20504; Telephone: (202) 456-4444; Fax: (202) 395-1224; Email: [email protected] Updates to this contact information will be made on the OSTP website.

    § 2402.3 General policy and definitions.

    (a) Non-exempt records available to public. Except for records exempt from disclosure by 5 U.S.C. 552(b) or published in the Federal Register under 5 U.S.C. 552(a)(1), OSTP's agency records subject to FOIA are available to any requester who requests them in accordance with these regulations.

    (b) Record availability on the OSTP website. OSTP shall make records available on its website in accordance with 5 U.S.C. 552(a)(2), as amended, and other documents that, because of the nature of their subject matter, are likely to be the subject of FOIA requests. To save both time and money, OSTP strongly urges requesters to review documents available on the OSTP website before submitting a request.

    (c) Definitions. For purposes of this part:

    (1) All of the terms defined in the Freedom of Information Act, and the definitions included in OMB's “Uniform Freedom of Information Act Fee Schedule and Guidelines” apply, unless otherwise defined in this subpart.

    (2) The term “agency record” means records that are:

    (i) Either created or obtained by OSTP; and

    (ii) Under OSTP control at the time of the FOIA request.

    (3) The term “commercial use request” means a request from or on behalf of a person who seeks information for a use or purpose that furthers his or her commercial, trade, or profit interests, which can include furthering those interests through litigation. OSTP shall determine, whenever reasonably possible, the use to which a requester will put the requested records. When it appears that the requester will put the records to a commercial use, either because of the nature of the request itself or because OSTP has reasonable cause to doubt a requester's stated use, OSTP shall provide the requester a reasonable opportunity to submit further clarification.

    (4) The terms “disclose” or “disclosure” refer to making records available, upon request, for examination and copying, or furnishing a copy of records.

    (5) The term “direct cost” means those expenditures by OSTP actually incurred in searching for and duplicating (and, in the case of commercial use requests, reviewing) records in response to the FOIA request. Direct costs include the salary of the employee or employees performing the work (i.e., the basic rate of pay for the employee plus 16 percent of that rate to cover benefits) and the cost of operating computers and other electronic equipment, such as photocopiers and scanners. Direct costs do not include overhead expenses, such as the cost of space, heating, or lighting of the facility in which the records are stored.

    (6) The term “duplication” means the making of a copy of a record, or of the information contained in it, necessary to respond to a FOIA request. Copies can take the form of paper, microform, audiovisual materials, or electronic records (for example, magnetic tape or disk), among others.

    (7) The term “educational institution” means a preschool, a public or private elementary or secondary school, an institution of undergraduate higher education, an institution of graduate higher education, an institution of professional education, or an institution of vocational education that operates a program of scholarly research. To be in this category, a requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are not sought for a commercial use, but are sought to further scholarly research.

    (8) The term “fee waiver” means the waiver or reduction of processing fees if a requester can demonstrate that certain statutory standards are satisfied.

    (9) The term “FOIA Public Liaison” means an agency official who is responsible for assisting requesters in defining the scope of their request to reduce processing time, increasing transparency and understanding of the status of requests, as well as assisting in the resolution of disputes.

    (10) The term “noncommercial scientific institution” means an institution that is not operated on a “commercial” basis, as that term is defined in these regulations, and that is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any particular product or industry. To be in this category, a requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are not sought for a commercial use but are sought to further scientific research.

    (11) The term “perfected request” means a FOIA request for records that reasonably describes the records sought, that has been received by OSTP in accordance with the requirements set forth in § 2402.4.

    (12) The terms “representative of the news media” or “news media requester” mean any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. In this clause, the term “news” means information that is about current events or that would be of current interest to the public. Examples of news media entities are television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of news) who make their products available for purchase by or subscription by or free distribution to the general public. These examples are not all-inclusive. Moreover, as methods of news delivery evolve, such as through electronic or digital means, such news sources shall be considered to be news media entities. A freelance journalist shall be regarded as working for a news-media entity if the journalist can demonstrate a solid basis for expecting publication through that entity, whether or not the journalist is actually employed by the entity. A publication contract would present a solid basis for such an expectation; the Government may also consider the past publication record of the requester in making such a determination.

    (13) The term “requester” means any person, including an individual, partnership, corporation, association, Native American tribe, or other public or private organization other than a Federal agency that requests access to records.

    (14) The term “review” means the process of examining documents located in response to a request that is for a commercial use to determine whether any portion of any document located is permitted to be withheld. It includes processing of any documents for disclosure, e.g., doing all that is necessary to excise exempt information and otherwise prepare them for release. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions.

    (15) The term “search” refers to the process of looking for and retrieving records or information responsive to a request. It includes page-by-page or line-by-line identification of information within records and also includes reasonable efforts to locate and retrieve information from records maintained in electronic form or format.

    (16) The term “working day” means a regular Federal working day between the hours of 9:00AM and 5:00PM. It does not include Saturdays, Sundays, or legal Federal holidays. Any requests received after 5:00PM on any given working day will be considered received on the next working day.

    § 2402.4 Procedure for requesting records.

    (a) Format of requests—(1) In general. Requests for information must be made in writing and may be delivered by mail, fax, or electronic mail, as specified in § 2402.2(c). All requests must be made in English. Requests for information may specify the preferred format (including electronic formats) of the response. When requesters do not specify the preferred format of the response, OSTP shall produce scanned records to be delivered electronically.

    (2) Electronic format records. (i) OSTP shall provide the responsive records in the format requested if the record or records are readily reproducible by OSTP in that format. OSTP shall make reasonable efforts to maintain its records in formats that are reproducible for the purpose of disclosure. For purposes of this paragraph, the term readily reproducible means, with respect to electronic format, a record that can be downloaded or transferred intact to an electronic medium using equipment currently in use by the office processing the request. Even though some records may initially be readily reproducible, the need to segregate exempt from nonexempt records may cause the releasable material to be not readily reproducible.

    (ii) In responding to a request for records, OSTP shall make reasonable efforts to search for the records in electronic format, except where such efforts would interfere with the operation of the agency's automated information system(s). For purposes of this paragraph, the term “search” means to locate, manually or by automated means, agency records for the purpose of identifying those records that are responsive to a request.

    (iii) Searches for records maintained in electronic format may require the application of codes, queries, or other minor forms of programming to retrieve the requested records.

    (3) Attachment restrictions. To protect OSTP's computer systems, OSTP will not accept files sent as email attachments or as web links. Requesters can submit requests by postal mail, by fax, or in the body of the email text.

    (b) Contents. A request must describe the records sought in sufficient detail to enable OSTP personnel to locate the records with a reasonable amount of effort. To the extent possible, requesters should include specific information that may assist OSTP personnel in identifying the requested records, such as the date, title or name, author, recipient, and subject matter of the record. In general, requesters should include as much detail as possible about the specific records or the types of records he or she is seeking. Before submitting a request, requesters may contact the OSTP FOIA Public Liaison to discuss the records they are seeking and to receive assistance in describing the records. If, after receiving a request, OSTP determines that it does not reasonably describe the records sought or that the request will be unduly burdensome to process, OSTP shall inform the requester what additional information is needed or how the request may be modified. Requesters who are attempting to reformulate or modify such a request may discuss their request with OSTP's FOIA Public Liaison, who is available to assist.

    (c) Date of receipt. A request that complies with paragraphs (a) and (b) of this section is deemed a “perfected request.” A perfected request is deemed received on the actual date it is received by OSTP. A request that does not comply with paragraphs (a) and (b) of this section is deemed received when sufficient information to perfect the request is actually received by OSTP.

    (d) Contact information. Requesters must provide contact information, such as the requester's phone number, email address, or mailing address, to enable OSTP to communicate with the requester about the request and provide released records. If OSTP cannot contact the requester, or the requester does not respond within 30 calendar days to OSTP's requests for clarification, OSTP will administratively close the request.

    (e) Types of records not available. The FOIA does not require OSTP to:

    (1) Compile or create records solely for the purpose of satisfying a request for records;

    (2) Provide records not yet in existence, even if such records may be expected to come into existence at some future time;

    (3) Restore records destroyed or otherwise disposed of, except that OSTP must notify the requester that the requested records have been destroyed or disposed.

    § 2402.5 Responses to requests.

    (a) In general. In determining which records are responsive to a request, OSTP will ordinarily include only records in its possession as of the date it begins its search for records. If any other date is used, the OSTP shall inform the requester of that date.

    (b) Authority to grant or deny requests. OSTP shall make initial determinations to grant or deny in whole or in part a request for records.

    (c) Granting of Requests. When OSTP determines that any responsive records shall be made available, OSTP shall notify the requester in writing and provide copies of the requested records in whole or in part. Records disclosed in part shall be marked or annotated to show the exemption applied to the withheld information and the amount of information withheld unless to do so would harm the interest protected by an applicable exemption. If a requested record contains exempted material along with nonexempt material, all reasonable segregable material shall be disclosed.

    (d) Adverse determinations. If OSTP makes an adverse determination denying a request in any respect, it must notify the requester of that adverse determination in writing. Adverse determinations include decisions that: The requested record is exempt from disclosure, in whole or in part; the request does not reasonably describe the records sought, but only if, after discussion with the FOIA Public Liaison, the requester refuses to modify the terms of the request; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester; denials involving fees or fee waiver matters; and denials of requests for expedited processing.

    (e) Content of adverse determinations. Any adverse determination issued by OSTP must include:

    (1) A brief statement of the reasons for the adverse determination, including any FOIA exemption applied by the agency in denying access to a record unless to do so would harm the interest protected by an applicable exemption;

    (2) An estimate of the volume of any records or information withheld, such as the number of pages or other reasonable form of estimation, although such an estimate is not required if the volume is otherwise indicated by deletions marked on records that are disclosed in part or if providing an estimate would harm an interest protected by an applicable exemption;

    (3) A statement that the adverse determination may be appealed under § 2402.8 and a description of the appeal requirements.

    (4) A statement notifying the requester of the assistance available from OSTP's FOIA Public Liaison and the dispute resolution services offered by the Office of Government Information Services.

    (f) Consultations, referrals, and coordinations. When OSTP receives a request for a record in its possession, it shall determine whether another agency of the Federal Government is better able to determine whether the record is exempt from disclosure under FOIA and, if so, whether it should be disclosed as a matter of administrative discretion. If OSTP determines that it is best able to process the record in response to the request, then it shall do so. If OSTP determines that it is not best able to process the record, then it shall proceed in one of the following ways:

    (1) Consultation. When records originating with OSTP contain information of interest to another Federal agency, OSTP should typically consult with that Federal agency prior to making a release determination.

    (2) Referral. (i) When OSTP believes that a different Federal agency is best able to determine whether to disclose the record, OSTP should typically refer the responsibility for responding to the request regarding that record to that agency. Ordinarily, the agency that originated the record is presumed to be the best agency to make the disclosure determination. If OSTP and another Federal agency jointly agree that the agency processing the request is in the best position to respond regarding the record, then the record may be handled as a consultation.

    (ii) Whenever OSTP refers any part of the responsibility for responding to a request to another agency, OSTP must document the referral, maintain a copy of the record that it refers, and notify the requester of the referral.

    (iii) After OSTP refers a record to another Federal agency, the agency receiving the referral shall make a disclosure determination and respond directly to the requester. The referral of a record is not an adverse determination and no appeal rights accrue to the requester.

    (3) Coordination. The standard referral procedure is not appropriate where disclosure of the identity of the Federal agency to which the referral would be made could harm an interest protected by an applicable exemption, such as the exemptions that protect personal privacy or national security interests. For example, if a non-law enforcement agency responding to a request for records on a living third party locates within its files records originating with a law enforcement agency, and if the existence of that law enforcement interest in the third party was not publicly known, then to disclose that law enforcement interest could cause an unwarranted invasion of the personal privacy of the third party. Similarly, if an agency locates within its files material originating with an Intelligence Community agency, and the involvement of that agency in the matter is classified and not publicly acknowledged, then to disclose or give attribution to the involvement of that Intelligence Community agency could cause national security harms. In such instances, in order to avoid harm to an interest protected by an applicable exemption, OSTP will coordinate with the originating agency to seek its views on disclosure of the record. OSTP will then notify the requester of the release determination for the record that is the subject of the coordination.

    § 2402.6 Timing of Responses to Requests.

    (a) In general. OSTP shall ordinarily respond to requests according to their order of receipt.

    (b) Initial determinations. OSTP will exercise all reasonable efforts to make an initial determination acknowledging, granting, partially granting, or denying a request for records within 20 working days after receiving a perfected request.

    (c) Extensions of response time in “unusual circumstances.” (1) The 20 working day period provided in paragraph (b) of this section may be extended if unusual circumstances arise. If an extension is necessary, OSTP shall promptly notify the requester of the extension, briefly stating the reasons for the extension, and estimating when a response will be issued. Unusual circumstances warranting extension are:

    (i) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

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

    (iii) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having a substantial subject-matter interest therein.

    (2) After OSTP notifies the requester of the reasons for the delay, the requester will have an opportunity to modify the request or arrange for an alternative time frame for completion of the request. To assist in this process, OSTP shall advise the requester of the availability of OSTP's FOIA Public Liaison to aid in the resolution of any disputes between the requester and OSTP, and notify the requester of his or her right to seek dispute resolution services from the Office of Government Information Services.

    (3) If no initial determination is made at the end of the 20 day period provided for in paragraph (b) of this section, including any extension, the requester may appeal the action to the FOIA Appeals Officer.

    (d) Expedited processing of request. (1) A requester may make a request for expedited processing at any time.

    (2) When a request for expedited processing is received, OSTP must determine whether to grant the request for expedited processing within ten (10) calendar days of its receipt. Requests will receive expedited processing if one of the following compelling needs is met:

    (i) The requester can establish that failure to receive the records quickly could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or

    (ii) The requester is primarily engaged in disseminating information and can demonstrate that an urgency to inform the public concerning actual or alleged federal government activity exists.

    (3) A requester who seeks expedited processing must submit a statement, certified to be true and correct, explaining in detail the basis for making the request for expedited processing. As a matter of administrative discretion, OSTP may waive the formal certification requirement.

    (4) Administrative appeals of denials of expedited processing will be given expeditious consideration. If the FOIA Appeals Officer upholds the denial of expedited processing, that decision is immediately subject to judicial review in the appropriate Federal district court.

    (e) Multi-track processing. (1) OSTP may use multi-track processing in responding to requests. Multi-track processing means placing simple requests that require limited review in one processing track and placing more voluminous and complex requests in one or more other tracks. Requests in each track are processed on a first-in/first-out basis.

    (i) Track one—expedited requests. Track one is made up of requests that sought and received expedited processing as provided for in paragraph (d)(2) of this section.

    (ii) Track two—simple requests. Track two is for requests of simple to moderate complexity that do not require consultations with other entities and do not involve voluminous records.

    (iii) Track three—complex requests. Track three is for complex requests that involve voluminous records, require lengthy or numerous consultations, raise unique or novel legal questions, or require submitter review under § 2402.7.

    (2) OSTP may provide requesters with requests in slower track(s) with an opportunity to limit the scope of their requests in order to qualify for faster processing within the specified limits of faster track(s). OSTP will do so by contracting the requester by letter, telephone, email, or facsimile, whichever is more efficient in each case. When providing a requester with the opportunity to limit the scope of a request, OSTP shall also advise the requester of OSTP's FOIA Public Liaison to aid in the resolution of any dispute arising between the requester and OSTP as well as the requester's right to seek dispute resolution services from the Office of Government Information Services.

    (f) Aggregating requests. OSTP may aggregate requests if it reasonably appears that multiple requests submitted either by a single requester, or by a group of requesters acting in concert, involve related matters and constitute a single request that otherwise would involve unusual circumstances. For example, OSTP may aggregate multiple requests for similar information filed by a single requester within a short period of time.

    § 2402.7 Confidential commercial information.

    (a) In general. Business information obtained by OSTP from a submitter will be disclosed under FOIA only under this section.

    (b) Definitions. For purposes of this section:

    (1) Confidential commercial information means records provided to the government by a submitter that arguably contain material exempt from release under 5 U.S.C. 552(b)(4).

    (2) Submitter means any person or entity from whom OSTP obtains confidential commercial information, directly or indirectly. The term includes corporations; state, local, and tribal governments; universities; non-profit organizations; associations; and foreign governments.

    (c) Designation of business information. A submitter of business information will use good-faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portions of its submission that it considers to be protected from disclosure under 5 U.S.C. 552(b)(4). These designations will expire ten years after the date of the submission unless the submitter requests, and provides justification for, a longer designation period.

    (d) Notice to submitters. OSTP shall provide a submitter with prompt written notice of a FOIA request or administrative appeal that seeks its business information, in order to give the submitter an opportunity to object to disclosure of any specified portion of that information. The notice shall either describe the business information requested or include copies of the requested records or record portions containing the information. When notification of a voluminous number of submitters is required, notification may be made by posting or publishing the notice in a place reasonably likely to accomplish it.

    (e) Where notice is required. Notice shall be given to a submitter wherever:

    (1) The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or

    (2) OSTP has reason to believe that the information may be protected from disclosure under Exemption 4.

    (f) Opportunity to object to disclosure. OSTP will allow a submitter a reasonable time to respond to the notice described in paragraph (d) of this section and will specify that time period within the notice. If a submitter has any objection to disclosure, the submitter is required to provide a detailed written statement of objections. The statement must specify all grounds for withholding any portion of the information under any exemption of FOIA and, in the case of information withheld under 5 U.S.C. 552(b)(4), the submitter must demonstrate the reasons the submitter believes the information is a trade secret or commercial or financial information that is privileged or confidential. In the event that a submitter fails to adequately respond to the notice within the time specified, the submitter will be considered to have no objection to disclosure of the information. Information provided by the submitter that OSTP does not receive within the time specified shall not be considered by OSTP. Information provided by a submitter under this paragraph may itself be subject to disclosure under FOIA.

    (g) Notice of intent to disclose. OSTP shall consider a submitter's objections and specific grounds for nondisclosure in deciding whether to disclose business information. Whenever OSTP determines that disclosure is appropriate over the objection of a submitter, OSTP shall, within a reasonable number of days prior to disclosure, provide the submitter with written notice of the intent to disclose, which shall include:

    (1) A statement of the reason(s) why each of the submitter's disclosure objections was not sustained;

    (2) A description of the business information to be disclosed; and

    (3) A specified disclosure date, which shall be a reasonable time subsequent to the notice.

    (h) Exceptions to notice requirements. The notice requirements of paragraphs (d) and (g) of this section shall not apply if:

    (1) OSTP determines that the information should not be disclosed;

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

    (3) Disclosure of the information is required by statute (other than FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600 of June 23, 1987.

    (4) The designation made by the submitter under paragraph (c) of this section appears obviously frivolous. In such a case, OSTP shall, within a reasonable time prior to a specified disclosure date, give the submitter written notice of any final decision to disclose the information within a reasonable number of days prior to the specified disclosure date, but no opportunity to object will be offered; or

    (5) The information requested was not designated by the submitter as exempt from disclosure in accordance with this part, when the submitter had an opportunity to do so at the time of submission of the information or a reasonable time thereafter, unless OSTP has substantial reason to believe that disclosure of the information would result in competitive harm.

    (i) Notice of FOIA lawsuit. Whenever a requester files a lawsuit seeking to compel the disclosure of business information, OSTP shall promptly notify the submitter.

    (j) Notice to requesters. Whenever OSTP provides a submitter with notice and an opportunity to object to disclosure under paragraph (d) of this section, OSTP shall also notify the requester(s). Whenever OSTP notifies a submitter of its intent to disclose requested information under paragraph (g) of this section, OSTP shall also notify the requester(s). Whenever a submitter files a lawsuit seeking to prevent the disclosure of business information, OSTP shall notify the requester(s).

    § 2402.8 Appeal of denials.

    (a) Right to administrative appeal. The requester has the right to appeal to the FOIA Appeals Officer any adverse determination.

    (b) Notice of appeal—(1) Time for appeal. To be considered timely, an appeal must be postmarked, or in the case of electronic submissions, transmitted no later than ninety (90) calendar days after the date of the initial adverse determination or after the time limit for response by OSTP has expired. Prior to submitting an appeal, the requester must pay in full any outstanding fess associated with the request.

    (2) Form of appeal. An appeal shall be initiated by filing a written notice of appeal. The notice shall specify the internal control number assigned to the FOIA request by OSTP and be accompanied by copies of the original request and adverse determination. To expedite the appellate process and give the requester an opportunity to present his or her arguments, the notice should contain a brief statement of the reasons why the requester believes the adverse determination to be in error. Requesters may submit appeals by mail or electronically. Appeals sent via electronic mail shall be submitted to [email protected] If sent by regular mail, appeals shall be sent to: Chief FOIA Officer, Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Ave NW, Washington, DC 20504. Updates to this contact information will be made on the OSTP website. To facilitate handling, the requester should mark both the appeal letter and envelop or subject line of the electronic transmission “Freedom of Information Act Appeal.”

    (c) Decisions on Appeals. The Chief FOIA Officer (or designee) shall make a determination in writing on the appeal under 5 U.S.C. 552(a)(6)(A)(ii) within 20 working days after the receipt of the appeal. If the denial is wholly or partially upheld, the Chief FOIA Officer shall:

    (1) Notify the requester that judicial review is available pursuant to 5 U.S.C. 552(a)(4)(B)-(G); and

    (2) Notify the requester that the Office of Government Information Services (OGIS) offers mediation services to resolve disputes between FOIA requesters and federal agencies as a non-exclusive alternative to litigation. Contact information for OGIS is: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, MD 20740, Email: [email protected], Telephone: 202-741-5770, Facsimile: 202-741-5769, Toll-free: 1-877-684-6448.

    (d) Dispute resolution services. Dispute resolution is a voluntary process. If OSTP agrees to participate in the dispute resolution services provided by the Office of Government Information Services, it will actively engage as a partner to the process in an attempt to resolve the dispute.

    (e) When appeal is required. Before seeking judicial review by a court of OSTP's adverse determination, a requester generally must first submit a timely administrative appeal.

    § 2402.9 Fees.

    (a) Fees generally required. OSTP shall use the most efficient and least costly methods to comply with requests for documents made under FOIA. OSTP shall charge fees in accordance with paragraph (b) of this section unless fees are waived or reduced in accordance with § 2402.10.

    (b) Calculation of fees. In general, fees for searching, reviewing, and duplication will be based on the direct costs of these services, including the average hourly salary (basic pay plus 16% for benefits) for the employee(s) conducting the search, reviewing the records for exemption, or duplicating the records. Charges for time less than a full hour will be in increments of quarter hours.

    (1) Search fee. Search fees may be charged even if responsive documents are not located or if they are located but withheld on the basis of an exemption. However, search fees shall be limited or not charged as follows:

    (i) Educational, scientific or news media requests. No search fee shall be charged if the request is not sought for a commercial use and is made by an educational or scientific institution, whose purpose is scholarly or scientific research, or by a representative of the news media.

    (ii) Other non-commercial requests. No search fee shall be charged for the first two hours of searching if the request is not for a commercial use and is submitted by an entity that is not an educational or scientific institution, or a representative of the news media.

    (iii) Requests for records about self. No search fee shall be charged to search for records performed under the terms of the Privacy Act, 5 U.S.C. 552a(f)(5).

    (2) Review fee. Review fees shall be assessed only with respect to those requesters who seek records for a commercial use. A review fee shall be charged for the initial examination of documents located in response to a request to determine whether the documents may be withheld from disclosure and for the redaction of document portions exempt from disclosure. Records or portions of records withheld in full under an exemption that is subsequently determined not to apply may be reviewed again to determine the applicability of other exemptions not previously considered. The costs for such a subsequent review are also assessable.

    (3) Duplication fee. Records will be photocopied at a rate of $0.10 per page. For other methods of reproduction or duplication, OSTP will charge the actual direct costs of producing the document(s). Duplication fees shall not be charged for the first 100 pages of copies unless the copies are requested for a commercial use.

    (c) Aggregation of requests. When OSTP determines that a requester, or a group of requesters acting in concert, is attempting to evade the assessment of fees by submitting multiple requests in the place of a single more complex request, OSTP may aggregate any such requests and assess fees accordingly.

    (d) Fees likely to exceed $25. If the total fee charges are likely to exceed $25, OSTP shall notify the requester of the estimated amount of the charges. The notification shall offer the requester an opportunity to confer with the FOIA Public Liaison to reformulate the request to meet the requester's needs at a lower cost. OSTP may administratively close a submitted FOIA request if the requester does not respond in writing within 30 calendar days after the date on which OSTP notifies the requester of the fee estimate.

    (e) Advance payments. Fees may be paid upon provision of the requested records, except that payment may be required prior to that time if the requester has previously failed to pay fees or if OSTP determines that the total fee will exceed $250.00. When payment is required in advance of the processing of a request, the time limits prescribed in § 2402.6 shall not be deemed to begin until OSTP has received payment of the assessed fee. If the requester has previously failed to pay fees or charges are likely to exceed $250, OSTP shall notify the requester of the estimated cost and:

    (1) Obtain satisfactory assurance from the requester, in writing, of full payment; or

    (2) OSTP may require the requester to pay the full amount of any fees owed and/or make an advance payment of the full amount of OSTP's estimated charges.

    (3) If OSTP does not receive an adequate response, assurance, or advanced payment within 30 calendar days of a fee determination or notification issued under the authority of this section, OSTP will administratively close the corresponding request.

    (f) Other charges. OSTP will recover the full costs of providing services such as those enumerated below when it elects to provide them:

    (1) Certifying that records are true copies;

    (2) Sending records by special methods such as express mail.

    (g) Remittances. Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States, or a postal money order. Remittances shall be made payable to the Treasury of the United States and mailed to the Chief FOIA Officer, Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Avenue NW, Washington, DC 20504. Updates to this contact information will be made on the OSTP website.

    (h) Receipts and refunds. A receipt for fees paid will be given upon request. A refund of fees paid for services actually rendered will not be made.

    § 2402.10 Waiver of fees.

    (a) In general. OSTP shall waive part or all of the fees assessed under § 2402.9 if, based upon information provided by a requester or otherwise made known to OSTP, the disclosure of the requested information is in the public interest. Disclosure is in the public interest if it is likely to contribute significantly to public understanding of government operations and is not primarily for commercial purposes. Requests for a waiver or reduction of fees shall be considered on a case by case basis. To determine whether a fee waiver requirement is met, OSTP shall consider the following factors:

    (1) Disclosure of the requested information would shed light on the operations or activities of the government. The subject of the request must concern identifiable operations or activities of the Federal Government with a connection that is direct and clear, not remote or attenuated.

    (2) Disclosure of the requested information is likely to contribute significantly to public understanding of those operations or activities. This factor is satisfied when the following criteria are met:

    (i) Disclosure of the requested records must be meaningfully informative about government operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not be meaningfully informative if nothing new would be added to the public's understanding.

    (ii) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area as well as the requester's ability and intention to effectively convey information to the public must be considered. OSTP will presume that a representative of the news media will satisfy this consideration.

    (3) The disclosure must not be primarily in the commercial interest of the requester. To determine whether disclosure of the requested information is primarily in the commercial interest of the requester, OSTP will consider the following criteria:

    (i) OSTP will identify whether the requester has any commercial interest that would be furthered by the requested disclosure. A commercial interest includes any commercial, trade, or profit interest. Requesters are encouraged to provide explanatory information regarding this consideration.

    (ii) If there is an identified commercial interest, OSTP will determine whether that is the primary interest furthered by the request. OSTP will ordinarily presume that when a news media requester has satisfied factors in paragraphs (a)(1) and (2) of this section, the request is not primarily in the commercial interest of the requester. Data brokers or others who merely compile and market government information for direct economic return will not be presumed to primarily serve the public interest.

    (b) Timing of fee waivers. Requests for a waiver or reduction of fees should be made when the request is first submitted to the agency and should address the criteria referenced in paragraph (a) of this section. A requester may submit a fee waiver request at a later time so long as the underlying record request is pending or on administrative appeal. When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester must pay any costs incurred up to the date of the fee waiver request was received.

    (b) Clarification. Where OSTP has reasonable cause to doubt the use to which a requester will put the records sought, or where that use is not clear from the request itself, OSTP may seek clarification from the requester before assigning the request to a specific category for fee assessment purposes.

    (c) Restrictions on charging fees. Except as described in paragraphs (c)(1) through (3) of this section, if OSTP fails to comply with the FOIA's time limits for responding to a request, it may not charge search fees. In addition, subject to the exceptions set forth in (c)(1) through (3) of this section, if OSTP does not comply with the FOIA's time limits for responding to a request, it may not charge duplication fees when records are not sought for a commercial use and the request is made by an educational institution, non-commercial scientific institution, or representative of the news media.

    (1) If OSTP determines that unusual circumstances, as defined by the FOIA, apply and provides timely written notice to the requester in accordance with the FOIA, then a failure to comply with the statutory time limit shall be excused for an additional 10 days.

    (2) If OSTP determines that unusual circumstances, as defined by the FOIA, apply and more than 5,000 pages are necessary to respond to the request, then OSTP may charge search fees and duplication fees, where applicable, if the following steps are taken. OSTP must (1) provide timely written notice of unusual circumstances to the requester in accordance with the FOIA; and (2) discuss with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii).

    (3) If a court determines that exceptional circumstances exist, as defined by the FOIA, then a failure to comply with the time limits shall be excused for the length of time provided by the court order.

    § 2402.11 Maintenance of statistics.

    (a) OSTP shall maintain records that are sufficient to allow accurate reporting of FOIA processing statistics, as required under 5 U.S.C. 552(e) and all guidelines for the preparation of annual FOIA reports issued by the Department of Justice.

    (b) OSTP shall annually, on or before February 1 of each year, prepare and submit to the Attorney General an annual report compiling the statistics maintained in accordance with paragraph (a) of this section for the previous fiscal year. A copy of the report will be available for public inspection at the OSTP website.

    § 2402.12 Disclaimer.

    Nothing in this part shall be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under FOIA.

    Ted Wackler, Deputy Chief of Staff and Assistant Director.
    [FR Doc. 2018-23606 Filed 10-30-18; 8:45 am] BILLING CODE 3270-F9-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 49 and 52 [EPA-R10-OAR-2017-0347; FRL-9985-78-Region 10] Indian Country: Air Quality Planning and Management; Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington; Redesignation to a PSD Class I Area AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve and seek public comment on the May 11, 2017, proposal by the Kalispel Indian Community of the Kalispel Reservation (herein referred to as the Kalispel Tribe of Indians or Kalispel Tribe) to redesignate lands within the exterior boundaries of the Kalispel Indian Reservation located in the State of Washington to Class I under the Clean Air Act (Act or CAA) program for the prevention of significant deterioration (PSD) of air quality. Redesignation to Class I will result in lowering the allowable increases in ambient concentrations of particulate matter (PM), sulfur dioxide (SO2), and nitrogen oxides (NOX) on the Kalispel Indian Reservation. The EPA is proposing to codify the redesignation through a revision to the Federal Implementation Plan (FIP) currently in place for the Kalispel Indian Reservation. This FIP will be implemented by the EPA unless or until it is replaced by a Tribal Implementation Plan (TIP).

    DATES:

    Comments: Written comments must be received on or before December 14, 2018.

    Public hearing: A public hearing is offered to provide interested parties the opportunity to present information and opinions to the EPA concerning our proposal. Interested parties may also submit written comments, as discussed below. A public hearing on this matter will be held on December 6, 2018, between 6:00 p.m. and 9:00 p.m. Pacific Standard Time in the Newport Conference Room located in the Pend Oreille Public Utility District Building, 130 North Washington Street, Newport, Washington 83822. At the hearing, the hearing officer may limit oral testimony to 5 minutes per person. The hearing will be limited to the subject matter of this proposal, the scope of which is discussed below. Written comments may also be submitted at the hearing or by following the process described below. The EPA will not respond to comments during the public hearing. When we publish our final action, we will provide a written response to all relevant written or oral comments received on the proposal. The EPA will not be providing equipment for commenters to show overhead slides or make computerized slide presentations. A transcript of the hearing and written comments will be made available for copying during normal working hours at the address listed for inspection of documents, and also included in the docket for this proposed action. Any member of the public may provide written or oral comments and data pertaining to our proposal at the hearing. Note that any written comments and supporting information submitted during the comment period will be considered with the same weight as any oral comments presented at the public hearing.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R10-OAR-2017-0347 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information, the disclosure of which is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Sandra Brozusky at (206) 553-5317, or [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document, wherever “we,” “us,” or “our” is used, it is intended to refer to the EPA.

    Table of Contents I. Background II. Proposed Action III. Statutory and Executive Order Reviews IV. Statutory Authority I. Background

    Part C of the CAA contains the PSD program. The intent of this part is to prevent deterioration of existing air quality in areas having relatively clean air, i.e. areas meeting the National Ambient Air Quality Standards (NAAQS). The Act provides for three basic classifications applicable to all lands of the United States. Associated with each classification are increments which represent the increase in air pollutant concentrations that would be considered significant. PSD Class I allows the least amount of deterioration of existing air quality. PSD Class II allows a moderate amount of deterioration, while PSD Class III allows the greatest amount of deterioration. Under the 1977 Amendments to the Clean Air Act, all areas of the country that met the NAAQS were initially designated as Class II, except for certain international parks, wilderness areas, national memorial parks and national parks, and any other areas previously designated Class I. The Act allows states and Indian governing bodies to redesignate areas under their jurisdiction to PSD Class I or PSD Class III to accommodate the social, economic, and environmental needs and desires of the local population.

    On May 11, 2017, the Kalispel Tribe submitted to the EPA an official proposal to redesignate the original Kalispel Reservation from Class II to Class I. The original Kalispel Reservation was established by Executive Order No. 1904, signed by President Woodrow Wilson on March 23, 1914. A copy of this Executive Order is included in the docket for this proposed action. The Kalispel Tribe submitted a supplement to the official proposal on July 13, 2017. The Kalispel Reservation is located in the State of Washington. With their proposal and supplement, the Kalispel Tribe submitted an analysis of the impacts of the redesignation within and outside of the proposed Class I area, documentation of the delivery and publication of appropriate notices, a record of the public hearing held on April 10, 2017, and comments received by the Kalispel Tribe on the proposed redesignation. The following discusses the requirements for a redesignation and how the Kalispel Tribe complied with those requirements.

    A. Statutory and Regulatory Requirements for Redesignation

    Section 164 of the CAA and 40 CFR 52.21(g) outline the requirements for redesignation of areas under the PSD program. Section 164(c) of the CAA provides that the lands within the exterior boundaries of the reservations of Federally-recognized Indian tribes may be redesignated only by the appropriate Indian governing body. Under section 164(b)(2) of the CAA, Congress generally established a narrow role for the EPA in reviewing state and tribal PSD redesignations. Congress explained that the EPA may disapprove a redesignation only if it finds, after notice and opportunity for hearing, that the redesignation does not meet the procedural requirements of section 164 of the Act or it is inconsistent with section 162(a) or 164(a) of the CAA. See 42 U.S.C. 7474(b)(2). Section 162(a) of the Act establishes mandatory Class I areas and section 164(a) of the CAA identifies areas that may not be redesignated to Class III. See 42 U.S.C. 7472(a) & 7474(a). Because of the nature of the area proposed for redesignation to Class I, neither of these sections prohibit the proposed redesignation.

    The EPA is proposing this action in accordance with the requirements of section 164 of the CAA. In section 164 of the Act, Congress provides states and tribes the ultimate authority to reclassify any lands within their borders as Class I based on the following statutory and regulatory requirements:

    (1) At least one public hearing must be held in accordance with procedures established in 40 CFR 51.102. See 40 CFR 52.21(g)(2)(i).

    (2) Other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation must be notified at least 30 days prior to the public hearing. See 40 CFR 52.21(g)(2)(ii).

    (3) At least 30 days prior to the Tribe's public hearing, a discussion of the reasons for the proposed redesignation including a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation must be prepared and made available for public inspection. See 40 CFR 52.21(g)(2)(iii).

    (4) Prior to the issuance of the public notice for a proposed redesignation of an area that includes Federal lands, the Tribe must provide written notice to the appropriate Federal Land Manager and afford an adequate opportunity for the Federal Land Manager to confer with the Tribe and submit written comments and recommendations. See 40 CFR 52.21(g)(2)(iv).

    (5) The proposal to redesignate has been made after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation. See 40 CFR 52.21(g)(2)(v).

    (6) Prior to proposing the redesignation, the Indian Governing Body must consult with the State(s) in which the Indian Reservation is located and that border the Indian Reservation. See 40 CFR 52.21(g)(4)(ii).

    (7) Following completion of the procedural steps and consultation, the Tribe must submit to the Administrator a proposal to redesignate the area. See 40 CFR 52.21(g)(4).

    B. Kalispel Tribe of Indians' Submittal

    The May 11, 2017, proposal for redesignation and the July 13, 2017, supplement, submitted by Mr. Glen Nenema, Chairman of the Kalispel Business Council, include evidence that all statutory and regulatory requirements for redesignation of an Indian Reservation from Class II to Class I have been met by the Kalispel Tribe of Indians. The Kalispel Tribe of Indians is a Federally-recognized Indian Tribe.1 The Kalispel Business Council is the Indian governing body for the Kalispel Indian Reservation and only lands within the exterior boundaries of the Reservation are proposed for redesignation. The EPA proposes to find that the Tribe's submittal demonstrates that the Tribe met the requirements for redesignation discussed above, as follows:

    1 82 FR 4915, 4917 (Jan. 17, 2017).

    (1) At least one public hearing must be held in accordance with procedures established in 40 CFR 51.102. See 40 CFR 52.21(g)(2)(i).

    The Kalispel Tribe conducted a public hearing on April 10, 2017, at the Kalispel Tribe's Camas Center for Community Wellness in Cusik, Washington. Notice of the hearing appeared in the area newspaper on March 8, 2017, at least 30 days prior to the hearing. The notice appeared again in the same area newspaper on March 15, 2017. The newspaper notices contained the date, time, and place of the hearing. The notices also included instructions for submitting comments on the proposal. In addition, the newspaper notices informed the public of the availability of a report entitled “Kalispel Indian Reservation Prevention of Significant Deterioration Program Class I Redesignation Technical Report, Usk, Washington” (Technical Report). The contents of the Technical Report are discussed further in section I.B(3). The Kalispel Tribe provided notice of the hearing to the State of Washington Department of Ecology on March 6, 2017, and EPA Region 10 on March 8, 2017. The Kalispel Tribe's submittal includes a certification that the hearing was held in compliance with 40 CFR 51.102, as well as a transcript of the hearing, notices, invitations to consult, and copies of comments received. These documents are included in the docket for this proposed action. Accordingly, the EPA proposes to determine that the hearing held by the Kalispel Tribe satisfied the public hearing requirement in 40 CFR 52.21(g)(2)(i).

    (2) Other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation must be notified at least 30 days prior to the public hearing. See 40 CFR 52.21(g)(2)(ii).

    The Kalispel Tribe's submittal includes copies of letters sent to several entities potentially affected by the proposed redesignation. Specifically, on March 4, 2017, the Tribe sent letters to Jay Inslee, the Governor of Washington, Clement “Butch” Otter, the Governor of Idaho, Mike Marchand, Chair of the Confederated Tribes of the Colville Reservation Tribal Government, and Carol Evans, Chair of the Spokane Tribe of Indians Tribal Government. These letters invited the entities to consult with the Kalispel Tribe on the proposed redesignation. In addition, on March 6, 2017, the Kalispel Tribe sent similar letters to the Federal Land Managers for the Little Pend Oreille National Forest, Idaho Panhandle National Forest, Colville National Forest, as well as the Spokane Office of the Bureau of Land Management. None of the letter recipients requested consultation with the Kalispel Tribe regarding the proposal. As discussed in section I.B(1), the Kalispel Tribe also ran public service notices in the area newspaper on March 8, 2017 and March 15, 2017, announcing the public hearing. Based on the outreach to states, Indian governing bodies, and the Federal Land Managers whose lands may be affected by the proposed redesignation, the EPA proposes to determine that the Kalispel Tribe complied with the notice requirements of 40 CFR 52.21(g)(2)(ii).

    (3) At least 30 days prior to the Tribe's public hearing, a discussion of the reasons for the proposed redesignation including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation must be prepared and made available for public inspection. See 40 CFR 52.21(g)(2)(iii).

    In accordance with the requirement above, the Kalispel Tribe completed the Technical Report in February 2017. The Technical Report includes a description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation. At least 30 days prior to the public hearing, the Kalispel Tribe made the Technical Report available on its website, as well as in hard copy form at the Kalispel Tribal Headquarters in Cusick, Washington.2 In addition, the Kalispel Tribe's May 11, 2017, proposal included documentation that availability of the Technical Report was sent to appropriate state, local, and Federal officials at least 30 days prior to the hearing.

    2https://www.kalispeltribe.com/kalispel-natural-resources-department/air-quality/airshed-redesignation. The Tribe's website also contains an Airshed FAQ and Class I Fact Sheet, which explain the basics of the PSD program, the reasons for the Tribe's proposal, as well as the potential effects if the Reservation is redesignated to Class I.

    The Technical Report includes analyses of the health, environmental, economic, social, and energy effects of the proposed redesignation. The Technical Report contains a detailed comparison of baseline conditions, including climate, air quality, fish and wildlife, human health, and socioeconomics, to anticipated conditions following the redesignation. Information sources used to derive baseline conditions in the Technical Report include ambient air quality monitoring data, potential emissions from sources located in or near the Reservation, wildlife surveys, census data, and commuting patterns.

    The Technical Report analyzes how the proposed redesignation will impact the baseline conditions by addressing the anticipated health, environmental, economic, social, and energy effects. Specifically, the Technical Report discusses the health and environmental benefits of preserving the existing air quality in and around the Kalispel Reservation by assessing the adverse health effects of increased concentrations of criteria pollutants such as oxides of nitrogen and oxides of sulfur. The Technical Report also includes a discussion of the impact of redesignation on the current and anticipated future economic trends in the area. The Technical Report additionally describes the importance of maintaining good air quality to the social and cultural values and health of the Kalispel people.

    The Kalispel Tribe also commissioned two supplemental analyses to address the energy and socioeconomic impacts of reclassification. The supplemental energy impact analysis employed air dispersion modeling to simulate the impacts of redesignating the area to Class I on two hypothetical energy projects. According to the supplemental analysis, the expected emissions from either project would not interfere with maintaining the Class I PSD increments. Our analysis found that the air dispersion modeling was performed in compliance with the EPA Guideline on Air Quality Modeling codified at 40 CFR part 51, Appendix W. The EPA's analysis of the modeling conducted for the Technical Report is included the docket for this proposed action. These supplemental analyses were included as appendices to the Technical Report. The Technical Report and supplemental analyses are included in the docket for this proposed action.

    Based on the analyses discussed above, the Technical Report concludes that the redesignation will result in a reduction in future health problems for those residing in and around the Kalispel Reservation, enhanced protection for the health and cultural use of natural resources, and overall improved economic well-being with minimal damage to local economic vitality. Accordingly, we propose to determine that the Kalispel Tribe satisfied the requirement to make publicly available 30 days in advance of the public hearing a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation.

    (4) Prior to the issuance of the public notice for a proposed redesignation of an area that includes Federal lands, the Tribe must provide written notice to the appropriate Federal Land Manager (FLM) and afford an adequate opportunity for the FLM to confer with the Tribe and submit written comments and recommendations. See 40 CFR 52.21(g)(2)(iv).

    The Kalispel Tribe proposed to redesignate from Class II to Class I only those lands within the exterior boundaries of the Kalispel Indian Reservation. Therefore, the Kalispel Tribe is the Federal Land Manager for the lands subject to redesignation. Even so, as discussed in section I.B(2), the Kalispel Tribe offered several Forest Supervisors for neighboring National Forests the opportunity to confer prior to issuing the public notice. Therefore, we propose to determine that the Tribe has satisfied this requirement.

    (5) The proposal to redesignate has been made after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation. See 40 CFR 52.21(g)(2)(v).

    The regulation at 40 CFR 52.21(g)(2)(v) requires consultation with the elected leadership of the local and other substate general purpose government “in the area covered by the proposed redesignation.” The lands covered by the proposed redesignation lie wholly within the exterior boundaries of the Kalispel Indian Reservation. The Kalispel Business Council is the exclusive governing authority in the Kalispel Indian Reservation. There is no requirement for a finding on what areas may be affected by a proposed redesignation or notice to such government in such areas. Nevertheless, on March 6, 2017, the Kalispel Tribe sent a courtesy notice of the Tribe's intent to propose redesignation, as well as the date, time, and location for the public hearing and the availability of the Technical Report to several Pend Oreille County officials. The notice solicited the County's input on the proposed redesignation. The EPA is proposing to determine that the Kalispel Tribe satisfied the requirement to consult with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation prior to submitting the proposal.

    (6) Prior to proposing the redesignation, the Indian Governing Body must consult with the State(s) in which the Reservation is located and that border the Reservation. See 40 CFR 52.21(g)(4)(ii).

    The Kalispel Indian Reservation is located in the State of Washington. On March 4, 2017, the Kalispel Tribe sent a letter to the Governor of Washington inviting the State to consult with the Tribe on the proposal to redesignate the Kalispel Reservation to a Class I area. On the same date, the Tribe sent a similar letter to the Governor of Idaho, despite the fact that the Reservation does not border the State of Idaho. Neither the State of Washington, nor the State of Idaho requested consultation. Therefore, we are proposing to determine that the Kalispel Tribe satisfied this requirement.

    (7) Following completion of the procedural requirements, the Tribe must submit to the Administrator a proposal to redesignate the area. See 40 CFR 52.21(g)(4).

    On May 11, 2017, Glen Nenema, Chairman of the Kalispel Business Council, submitted to the EPA Region 10 Regional Administrator the Kalispel Tribe's proposal to redesignate the lands within the exterior boundaries of the Kalispel Indian Reservation to a Class I area under the CAA PSD program.3 Chairman Nenema supplemented the initial proposal on July 13, 2017. The Kalispel Business Council is the official governing body of the Kalispel Tribe. Therefore, the EPA proposes to determine that the Kalispel Tribe complied with the requirement that the Tribe submit to the Administrator a proposal to redesignate the area.

    3 EPA Delegation of Authority 7-164 authorizes the Regional Administrator of EPA Region 10 to propose or take final action on a FIP under Section 301(d) of the Clean Air Act that applies only in Indian Country in Region 10.

    II. Proposed Action

    The EPA's review has not found any procedural deficiencies associated with the Kalispel Tribe's proposal. Accordingly, pursuant to section 164 of the CAA and 40 CFR 52.21(g), the redesignation is hereby proposed for approval. The EPA is proposing to codify the redesignation through a revision to the FIP currently in place for the Kalispel Indian Reservation. See 40 CFR 49.10191-49.10220. This FIP will be implemented by the EPA unless or until it is replaced by a TIP. To ensure transparency, the EPA is also proposing a clarifying revision to the Washington State Implementation Plan at 40 CFR part 52 subpart WW, which would inform any party interested in Washington's significant deterioration of air quality provisions that the Kalispel Reservation is a Class I area for purposes of prevention of significant deterioration of air quality. The public is invited to comment on whether the Kalispel Tribe has met all procedural requirements of section 164 of the CAA and 40 CFR 52.21(g), as well as the EPA's proposal to codify the redesignation through a revision to the FIP currently in place for the Kalispel Indian Reservation and proposed revision to the Washington State Implementation Plan.

    III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a “significant regulatory action” under the terms of the Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the E.O., and was not submitted to the Office of Management and Budget (OMB) for review.

    B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs

    This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.

    C. Paperwork Reduction Act

    This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. We are not proposing to promulgate any new paperwork requirements (e.g., monitoring, reporting, record keeping) as part of this proposed action. The regulation at 40 CFR 49.10198 incorporates by reference the Federal PSD program promulgated at 40 CFR 52.21. The Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing regulations (40 CFR 52.21) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060-0003, EPA ICR number 1230.32.

    D. Regulatory Flexibility Act (RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq.

    The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.

    For the purposes of assessing the impacts of this final action on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; or (3) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field. I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This proposed action will not impose any new requirements on small entities. If finalized, this proposed action would redesignate to Class I only those lands within the exterior boundaries of the Kalispel Indian Reservation under the CAA's PSD program. The PSD permitting requirements already apply on the Reservation as well as the surrounding area. In addition, the PSD permitting requirements only apply to the construction of new major stationary sources or major modifications to existing major stationary sources. Therefore, the EPA does not anticipate this proposed action having a significant economic impact on a substantial number of small entities.

    E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. This proposed action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The proposed action imposes no enforceable duty on any state, local, or tribal governments or the private sector. Nor does this action create additional requirements beyond those already applicable under the existing PSD permitting requirements.

    F. Executive Order 13132: Federalism

    This proposed action does not have Federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. This proposed action does not change the relationship between the states and the EPA regarding implementation of the PSD permitting requirements in the area. The EPA administers the PSD permitting requirements within the Kalispel Reservation. The States of Washington and Idaho administer the permitting requirements in the nearby areas.

    G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This proposed action has tribal implications. However, it will neither impose substantial direct compliance cost on Federally-recognized tribal governments, nor preempt tribal law. The EPA is proposing this action in response to the Kalispel Tribe's proposal to redesignate the Kalispel Reservation from a Class II to a Class I area. If this proposed action is finalized, then major stationary sources proposed to be constructed within the boundaries of the Kalispel Reservation will be required to demonstrate that the source does not contribute to an exceedance of the lower PSD increments for Class I areas. Nonetheless, pursuant to the EPA Policy on Consultation and Coordination with Indian Tribes, the EPA consulted with tribal officials early in the process of developing this proposed action so that they could have meaningful and timely input into its development. The Kalispel Tribe submitted its proposal on May 11, 2017. Subsequent to receiving the submission, the EPA communicated and corresponded with the Tribe numerous times throughout the review process.

    H. Executive Order 13045: Protection of Children From Environmental Health & Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. Redesignation of the Kalispel Indian Reservation to Class I from Class II will reduce the allowable increase in ambient concentrations of various types of pollutants. The reduction of allowable increases in these pollutants can only be expected to better protect the health of tribal members, members of the surrounding communities, and especially children and asthmatics. See 78 FR 3086 (regarding the specific human health consequences of exposure to elevated levels of coarse and fine particles); 82 FR 34,792 (regarding the specific human health consequences of exposure to elevated levels of nitrogen dioxide); 75 FR 35,520 (regarding the specific human health consequences of exposure to elevated levels of sulfur dioxide).

    I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

    J. National Technology Transfer and Advancement Act

    This proposed action does not involve technical standards. This action merely proposes to redesignate the Kalispel Reservation as a Class I area for the purposes of the PSD permitting requirements.

    K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    The EPA believes that this proposed action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). Prior to this proposal, the EPA reviewed population centers within and around the Kalispel Indian Reservation to identify areas with environmental justice concerns. The results of this review are included in the docket for this proposed action.

    Redesignating the Kalispel Indian Reservation will not have an adverse human health or environmental effect on residents within the Reservation or in the surrounding community. On the contrary, by lowering the applicable PSD increments, the redesignation will be more protective of air quality. The following pollutants are subject to the increment requirement: Fine Particulate Matter (PM2.5), Coarse Particulate Matter (PM10), Sulfur Dioxide (SO2), and Nitrogen Dioxide (NO2). Exposure to these pollutants is known to have a causal relationship with adverse health effects, such as premature mortality (PM2.5, PM10, SO2), exacerbation of asthma (NO2 and SO2), and other respiratory effects (NO2 and SO2). See 78 FR 3086, 82 FR 34,792, and 75 FR 35,520. Therefore, a reduction of the allowable emissions of these pollutants in this area lowers the risk to the surrounding communities of adverse health effects.

    IV. Statutory Authority

    The statutory authority for this proposed action is provided by sections 110, 301 and 164 of the CAA as amended (42 U.S.C. 7410, 7601, and 7474) and 40 CFR part 52.

    List of Subjects 40 CFR Part 49

    Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Indians, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

    40 CFR Part 52

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

    Dated: October 17, 2018. Chris Hladick, Regional Administrator, Region 10.

    For the reasons stated in the preamble, 40 CFR parts 49 and 52 are proposed to be amended as follows:

    PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT 1. The authority citation for part 49 continues to read as follows: Authority:

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

    Subpart M—Implementation Plans for Tribes—Region X 2. Revise § 49.10198 to read as follows:
    § 49.10198 Permits to construct.

    (a) Permits to construct are required for new major stationary sources and major modifications to existing stationary sources pursuant to 40 CFR 52.21.

    (b) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the original Kalispel Reservation, as established by Executive Order No. 1904, signed by President Woodrow Wilson on March 23, 1914, is designated as a Class I area for the purposes of prevention of significant deterioration of air quality.

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 3. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart WW—Washington 4. In § 52.2497, add paragraph (d) to read as follows:
    § 52.2497 Significant deterioration of air quality.

    (d) The regulations at 40 CFR 49.10191 through 49.10220 contain the Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington. The regulation at 40 CFR 49.10198(b) designates the original Kalispel Reservation, as established by Executive Order No. 1904, signed by President Woodrow Wilson on March 23, 1914, as a Class I area for purposes of prevention of significant deterioration of air quality.

    [FR Doc. 2018-23474 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 206, 211, and 213 [Docket DARS-2018-0052] RIN 0750-AJ50 Defense Federal Acquisition Regulation Supplement: Brand Name or Equal (DFARS Case 2017-D040) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Proposed rule.

    SUMMARY:

    DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2017 that requires the use of brand name or equivalent descriptions or proprietary specifications or standards in solicitations to be justified and approved.

    DATES:

    Comments on the proposed rule should be submitted in writing to the address shown below on or before December 31, 2018, to be considered in the formation of a final rule.

    ADDRESSES:

    Submit comments identified by DFARS Case 2017-D040, using any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Search for “DFARS Case 2017-D040.” Select “Comment Now” and follow the instructions provided to submit a comment. Please include “DFARS Case 2017-D040” on any attached documents.

    Email: osd.df[email protected] Include DFARS Case 2017-D040 in the subject line of the message.

    Fax: 571-372-6094.

    Mail: Defense Acquisition Regulations System, Attn: Ms. Carrie Moore, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Carrie Moore, telephone 571-372-6093.

    SUPPLEMENTARY INFORMATION: I. Background

    DoD is proposing to revise the DFARS to implement section 888(a) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328). Section 888(a) requires that competition on DoD contracts not be limited through the use of brand name or equivalent descriptions, or proprietary specifications or standards, in solicitations, unless a justification for such specification is provided and approved in accordance with 10 U.S.C. 2304(f). The requirements of 10 U.S.C. 2304(f) are implemented in Federal Acquisition Regulation (FAR) sections 6.303 and 6.304, which address the content, format, and approval authorities for justifications for other than full and open competition.

    II. Discussion and Analysis

    Currently, FAR 6.302-1(c)(2) states that brand name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand-name, provide for full and open competition and do not require justifications and approvals to support their use. This rule proposes to amend DFARS 206.302-1 to add a new paragraph (c)(2) to advise contracting officers that, notwithstanding FAR 6.302-1(c)(2), a justification and approval described at FAR 6.303 is required when using brand name or equal descriptions. A new paragraph (S-70) is also added to provide a similar instruction for proprietary specifications or standards.

    FAR subpart 13.5 provides simplified procedures for certain commercial items. FAR 13.501(a) requires a justification and approval for sole source (including brand name) acquisitions. The content and approval requirements for these justifications are similar to those required under FAR 6.303, but cite to a different authority. This rule proposes to amend DFARS 213.501 to advise contracting officers that a justification and approval for brand name or equal descriptions or proprietary specifications or standards is required when using FAR subpart 13.5 simplified procedures for the acquisition of certain commercial items.

    In addition, FAR section 11.104 addresses requirements for the use of brand name or equal purchase descriptions. As such, this rule proposes to add DFARS section 211.104 to direct contracting officers to the new requirements at 206.302-1 and 213.501 to complete a justification and approval prior to using brand name or equal purchase descriptions. Similar direction for use of proprietary specifications and standards is also provided in new DFARS section 211.170.

    III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

    This rule does not propose to create any new DFARS clauses or amend any existing DFARS clauses.

    IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

    V. Executive Order 13771

    This rule is not anticipated to be subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866.

    VI. Regulatory Flexibility Act

    DoD does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule is only implementing changes to internal Government procedures. However, an initial regulatory flexibility analysis (IRFA) has been performed and is summarized as follows:

    DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 888(a) of the National Defense Authorization Act for Fiscal Year 2017. Section 888(a) requires that competition in DoD contracts not be limited through the use of brand name or equivalent descriptions, or proprietary specifications or standards, in solicitations unless a justification for such specification is provided and approved in accordance with 10 U.S.C. 2304(f).

    The objective of this proposed rule is to ensure that contracting officers execute a justification and approval in accordance with FAR 6.302-1 when including brand name or equal descriptions, or proprietary specifications or standards in a solicitation.

    DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The Federal Procurement Data System (FPDS) does not collect data on contracts awarded using brand name or equal descriptions or contracts that were competed and included proprietary specifications or standards. Currently, brand name or equal descriptions are procured through competitive procedures, but FPDS does not identify the subset of contracts that were awarded competitively using such descriptions.

    FPDS can provide the number of offers received in response to a solicitation. This subset can help DoD better identify the number of competitive requirements that may have used such descriptions, specifications, or standards, but only received one offer for various reasons. According to FPDS, there were 127,536 contracts and orders competed and awarded in FY 2017 that only received one offer. Of the 127,536 new awards, 76,179 (60%) of these actions were awarded to 9,823 unique small business entities. The proposed rule applies to all entities who do business with the Federal Government and is not expected to have a significant impact on these entities, regardless of business size.

    This proposed rule does not include any new reporting, recordkeeping, or other compliance requirements for small businesses. The proposed rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternative approaches to the proposed rule that would meet the proposed objectives.

    DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.

    DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2017-D040), in correspondence.

    VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Parts 206, 211, and 213

    Government procurement.

    Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 206, 211, and 213 are proposed to be amended as follows:

    1. The authority citation for 48 CFR parts 206, 211, and 213 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    PART 206—COMPETITION REQUIREMENTS 2. In section 206.302-1, paragraph (c) is added to read as follows:
    206.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

    (c) Application for brand-name descriptions. (2) Notwithstanding FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions.

    (S-70) Application for proprietary specifications or standards. In accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use proprietary specifications and standards.

    PART 211—DESCRIBING AGENCY NEEDS 3. Section 211.104 is added to subpart 211.1 to read as follows:
    211.104 Use of brand name or equal purchase descriptions.

    A justification and approval is required to use brand name or equal purchase descriptions.

    (1) See 206.302-1(c)(2) for justification requirements when using sealed bidding or negotiated acquisition procedures.

    (2) See 213.501(a)(ii) for justification requirement when using simplified procedures for certain commercial items.

    4. Section 211.170 is added to subpart 211.1 to read as follows:
    211.170 Use of proprietary specifications or standards.

    A justification and approval is required to use proprietary specifications and standards.

    (1) See 206.302-1(S-70) for justification requirements when using sealed bidding or negotiated acquisition procedures.

    (2) See 213.501(a)(ii) for justification requirements when using simplified procedures for certain commercial items.

    PART 213—SIMPLIFIED ACQUISITION PROCEDURES 5. Section 213.501 is amended by— a. Designating paragraph (a) as paragraph (i); and b. Adding new paragraph (ii) to read as follows:
    213.501 Special documentation requirements.

    (ii) In accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 13.501(a) is required in order to use brand name or equal descriptions or proprietary specifications and standards.

    [FR Doc. 2018-23676 Filed 10-30-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 206, 215, 234, and 235 [Docket DARS-2018-0053] RIN 0750-AJ83 Defense Federal Acquisition Regulation Supplement: Amendments Related to General Solicitations (DFARS Case 2018-D021) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Proposed rule.

    SUMMARY:

    DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Year 2018 by expanding the definition of other competitive procedures, and extending the term and increasing the dollar value under the contract authority for advanced development of initial or additional prototype units.

    DATES:

    Comments on the proposed rule should be submitted in writing to the address shown below on or before December 31, 2018, to be considered in the formation of a final rule.

    ADDRESSES:

    Submit comments identified by DFARS Case 2018-D021, using any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Search for “DFARS Case 2018-D021.” Select “Comment Now” and follow the instructions provided to submit a comment. Please include “DFARS Case 2018-D021” on any attached documents.

    Email: [email protected] Include DFARS Case 2018-D021 in the subject line of the message.

    Fax: 571-372-6094.

    Mail: Defense Acquisition Regulations System, Attn: Ms. Heather Kitchens, OUSD (A&S) DPC/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Heather Kitchens, telephone 571-372-6104.

    SUPPLEMENTARY INFORMATION:

    I. Background

    DoD is proposing to revise the DFARS to implement sections 221 and 861 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91).

    Section 221 amends 10 U.S.C. 2302(2)(B) to allow for an expanded application of other competitive procedures by replacing the words “basic research” with “science and technology”. Competitive procedures are defined in 10 U.S.C. 2302(2) as “. . . procedures under which the head of an agency enters into a contract pursuant to full and open competition.” Changing the words “basic research” to “science and technology” expands the authority to use other competitive procedures for “advanced technology development” and “advanced component development and prototypes” research proposals, in addition to the previously authorized “basic research” and “applied research” proposals. One of the solicitation methods for research and development proposals, a broad agency announcement (BAA), is defined in the Federal Acquisition Regulation (FAR) as “a general announcement of an agency's research interest including criteria for selecting proposals and soliciting the participation of all offerors capable of satisfying the Government's needs.” Section 221 permits the use of BAAs for competitive selection of science and technology proposals by authorizing the use of the competitive procedures at 10 U.S.C. 2302(2)(B) that result from a general solicitation and peer or scientific review of such proposals—a key element of the BAA process.

    Section 861 amends 10 U.S.C. 2302e to allow for an extended term limit and increased dollar threshold under the contract authority for advanced development of initial or additional prototype units awarded from a competitive selection, as specified in 10 U.S.C. 2302(2)(B). The statutory term limit extends from 12 months to 2 years and the dollar threshold increases from $20 million to $100 million in fiscal year 2017 constant dollars (10 U.S.C. 2302e). Section 861 also amends 10 U.S.C. 2302e to repeal the obsolete authority implemented by section 819 of the NDAA for FY 2010 (Pub. L. 111-84), thereby eliminating the expiration date of the authority.

    II. Discussion and Analysis

    The proposed DFARS changes for the other competitive procedures authorized by section 221 and implemented at 10 U.S.C. 2302(2)(B) are as follows:

    • DFARS section 206.102, Use of Competitive Procedures, is added with a statement at paragraph (d)(2) that, for DoD, the competitive selection of science and technology proposals resulting from a broad agency announcement with peer or scientific review, as described in 235.016(a), satisfies the requirement for full and open competition. This DFARS section is added, notwithstanding FAR 6.102(d)(2), which limits other competitive procedures to basic and applied research proposals.

    • DFARS 215.371-4(a)(4) is revised to provide an only-one-offer exception for the acquisition of science and technology, as described in DFARS 235.016(a), instead of basic or applied research or development, as specified in FAR 35.016(a).

    • DFARS 235.006-71 is added to direct contracting officers who are conducting acquisitions for research and development in accordance with FAR part 35 to DFARS 206.102(d)(2) regarding competitive procedures for science and technology proposals; and

    • DFARS section 235.016, Broad Agency Announcement, is revised to provide that broad agency announcements with peer or scientific review may be used for science and technology proposals, including four categories of science and technology proposals and their corresponding budget activity codes.

    The proposed changes to DFARS 234.005-1, Competition, for the contract authority for advanced development of initial or additional prototype units, authorized by section 861 and implemented at 10 U.S.C. 2302e, are as follows:

    • The term “general solicitation” is replaced with “broad agency announcement.”

    • The term limit is changed from 12 months to 2 years.

    • The dollar threshold is increased from $20 million to $100 million in fiscal year 2017 constant dollars.

    • The expiration date of September 30, 2019, is deleted.

    In summary, this proposed rule expands the application of other competitive procedures to include the competitive selection of science and technology proposals beyond “basic research” proposals. This proposed rule also expands the contract authority for advanced development of initial or additional prototype units. These procedures are internal to the Government with minimal impact to the public.

    III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

    This rule does not propose to create any new provisions or clauses or impact any existing provisions or clauses.

    IV. Executive Orders 12866 and 13563

    Executive Order (E.O.s) 12866, Regulatory Planning and Review; and E.O. 13563, Improving Regulation and Regulatory Review, direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804.

    V. Executive Order 13771

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

    VI. Regulatory Flexibility Act

    DoD does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This rule impact internal Government procedures by expanding the use of other competitive procedures to include the competitive selection of science and technology proposals and expands the contract authority for advanced development of initial or additional prototype units. However, an initial regulatory flexibility analysis has been performed and is summarized as follows:

    This rule proposes to amend the DFARS to implement sections 221 and 861 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018.

    Section 221 expands the definition of “competitive procedures” at 10 U.S.C. 2302(2)(B) by removing the term “basic research” and adding “science and technology” in its place. Section 861 implements a statutory modification to 10 U.S.C. 2302e to extend the term limit and dollar threshold for the contract authority for advanced development of initial or additional prototype units from 12 months to 2 years and from $20 million to $100 million in fiscal year 2017 constant dollars (10 U.S.C. 2302e), respectively. The modification also repeals the obsolete authority of section 819 of the NDAA for FY 2010 (Pub. L. 111-84), thereby eliminating the expiration date of September 30, 2019, for the contract authority for advanced development of initial or additional prototype units.

    The objective of this rule is to implement sections 221 and 861 to establish broad agency announcements as a competitive procedure that may be used to select science and technology proposals and to expand the term limit and dollar threshold for the contract authority for advanced development of initial or additional prototype units.

    In FY 2017, DoD awarded 1,853 contracts for research and development, excluding Small Business Innovation Research (SBIR) and Small Technology Transfer Research (STTR) program requirements. Approximately 53% of those new contract actions were awarded to 1,005 of unique small business and nontraditional DoD entities. There were 2,858 new contract awards for SBIR and STTR program requirements for DoD. Approximately 66% of those new contract actions were awarded to 1,891 of unique small business and nontraditional DoD entities.

    This proposed rule does not include any new reporting or recordkeeping requirements for small entities.

    The rule does not duplicate, overlap, or conflict with any other Federal rules.

    There are no known significant alternative approaches to the proposed rule that would meet the requirements of the applicable statute.

    DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.

    DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2018-D021), in correspondence.

    VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Parts 206, 215, 234 and 235

    Government procurement.

    Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 206, 215, 234, and 235 are proposed to be amended as follows:

    1. The authority citation for 48 CFR parts 206, 215, 234, and 235 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    PART 206—COMPETITION REQUIREMENTS 2. Subpart 206.1 is added to read as follows: Subpart 206.1—Full and Open Competition
    206.102 Use of competitive procedures.

    (d) Other competitive procedures. (2) In lieu of FAR 6.102(d)(2), competitive selection of science and technology proposals resulting from a broad agency announcement with peer or scientific review, as described in 235.016(a) (10 U.S.C. 2302(2)(B)).

    PART 215—CONTRACTING BY NEGOTIATION 3. In section 215.371-4, paragraph (a)(4) is revised to read as follows:
    215.371-4 Exceptions.

    (a) * * *

    (4) Acquisitions of science and technology, as specified in 235.016(a); or

    PART 234—MAJOR SYSTEM ACQUISITION 4. Section 234.005-1 is amended by— a. Removing paragraph (2); b. Redesignating paragraph (1) as introductory text; c. In the newly redesignated introductory text, removing “general solicitation” and adding “broad agency announcement” in its place; d. Redesignating paragraphs (i), (ii), and (iii) as paragraphs (1), (2), and (3), respectively; e. In the newly redesignated paragraph (2), removing “12 months” and adding “2 years” in its place; and f. Revising the newly redesignated paragraph (3) to read as follows:
    234.005-1 Competition.

    (3) The dollar value of the work to be performed pursuant to the contract line item or contract option shall not exceed $100 million in fiscal year 2017 constant dollars. (10 U.S.C. 2302e).

    PART 235—RESEARCH AND DEVELOPMENT CONTRACTING 5. Section 235.006-71 is amended by— a. Designating the text as paragraph (b); and b. Adding a new paragraph (a) to read as follows:
    235.006-71 Competition.

    (a) Use of a broad agency announcement with peer or scientific review for the award of science and technology proposals in accordance with 235.016(a) fulfills the requirement for full and open competition (see 206.102(d)(2)).

    6. Section 235.016 is added to read as follows:
    235.016 Broad agency announcement.

    (a) General. A broad agency announcement with peer or scientific review may be used for the award of science and technology proposals. Science and technology proposals include proposals for the following:

    (i) Basic research (budget activity 6.1).

    (ii) Applied research (budget activity 6.2).

    (iii) Advanced technology development (budget activity 6.3).

    (iv) Advanced component development and prototypes (budget activity 6.4).

    [FR Doc. 2018-23677 Filed 10-30-18; 8:45 am] BILLING CODE 5001-06-P
    83 211 Wednesday, October 31, 2018 Notices DEPARTMENT OF AGRICULTURE Forest Service Information Collection; Request for Comment; Whole Enchilada Trail: Conditions, User Experience & Comment Survey 2019 AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice, request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information collection; Whole Enchilada Trail: Conditions, User Experience & Comment Survey 2019.

    DATES:

    Comments must be received in writing on or before December 31, 2018 to be assured of consideration. Comments received after that date will be considered to the extent practicable.

    ADDRESSES:

    Comments concerning this notice should be addressed to Zachary Lowe, Forest Service, USDA, P.O. Box 386, Moab, Utah 84532. Comments also may be submitted via facsimile to 435-636-7737 or by email to: [email protected]

    The public may inspect comments received at Moab Ranger District, 62 E 100 North, Moab, Utah 84532 during normal business hours. Visitors are encouraged to call ahead to 435-259-7155 to facilitate an appointment and entry to the building.

    FOR FURTHER INFORMATION CONTACT:

    Zachary Lowe: Natural Resource Specialist—Recreation. Moab Ranger District, 62 E 100 North, Moab, Utah 435-636-3335. Individuals who use TDD may call the Federal Relay Service (FRS) at 1-800-877-8339, 24 hours a day, every day of the year, including holidays.

    SUPPLEMENTARY INFORMATION:

    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.

    Dated: October 18, 2018. Gregory C. Smith, Acting Associate Deputy Chief, National Forest System.
    [FR Doc. 2018-23827 Filed 10-30-18; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Payette National Forest; Idaho; Granite Meadows Project AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of intent to prepare an environmental impact statement.

    SUMMARY:

    The Payette National Forest will prepare an environmental impact statement (EIS) to document the potential effects of the Granite Meadows Project. The Granite Meadows Project is located north of New Meadows, Idaho and north and west of McCall, Idaho on the Boise Meridian, within Adams, Valley and Idaho Counties. The analysis will evaluate and disclose the effects of implementing treatments on the National Forest to meet the purpose and need for the project. Proposed treatments include timber harvest, thinning, prescribed fire, road treatments and road decommissioning, watershed improvement and restoration treatments, and recreation improvements. Coordination with existing permittees on grazing schedules would also be included to meet the purpose and need related to fuels reduction.

    DATES:

    Comments concerning the scope of the analysis must be received by December 17, 2018. The draft EIS is expected in late July 2019, and the final EIS is expected in December 2019.

    ADDRESSES:

    Send written comments to: Keith Lannom, Forest Supervisor, 500 N Mission Street, Building 2, McCall, Idaho 83638. Comments may also be sent via facsimile to 208-634-0744. Comments may also be submitted through the Granite Meadows Project web page at http://www.fs.usda.gov/project/?project=54029. To submit comments using the web form select “Comment/Object on Project” under “Get Connected” on the right panel of the project's web page.

    FOR FURTHER INFORMATION CONTACT:

    Erin Phelps, New Meadows District Ranger, 208-347-0300, [email protected] Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday. Additional project information is available on the project page of the Payette National Forest website at: http://www.fs.usda.gov/project/?project=54029.

    SUPPLEMENTARY INFORMATION:

    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.

    Purpose and Need for Action

    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.

    Proposed Action

    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.

    Vegetative Treatments

    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.

    Treatments on Private and State Lands Within the Project Area

    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.

    Watershed Improvement and Restoration Treatments

    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.

    Recreation Improvements

    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.

    Responsible Official

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

    Nature of Decision To Be Made

    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.

    Scoping Process

    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.

    Dated October 11, 2018. Allen Rowley, Acting Associate Deputy Chief, National Forest System.
    [FR Doc. 2018-23826 Filed 10-30-18; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Rural Business—Cooperative Service Information Collection Activity; Comment Request AGENCY:

    Rural Business—Cooperative Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Rural Business—Cooperative Service, an agency of the United States Department of Agriculture's (USDA), invites comments on this information collection for which the Agency intends to request approval from the Office of Management and Budget (OMB).

    DATES:

    Comments on this notice must be received by December 31, 2018.

    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]

    SUPPLEMENTARY INFORMATION:

    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.

    Dated: October 25, 2018. Bette Brand, Administrator, Rural Business—Cooperative Service.
    [FR Doc. 2018-23835 Filed 10-30-18; 8:45 am] BILLING CODE P
    DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request AGENCY:

    Rural Utilities Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the United States Department of Agriculture (USDA) Rural Utilities Service (RUS) invites comments on this information collection for which RUS intends to request approval from the Office of Management and Budget (OMB).

    DATES:

    Comments on this notice must be received by December 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    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. FAX: (202) 720-4120. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Dated: October 18, 2018. Christopher A. McLean, Acting Administrator, Rural Utilities Service.
    [FR Doc. 2018-23728 Filed 10-30-18; 8:45 am] BILLING CODE 3410-15-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Missouri Advisory Committee To Discuss Civil Rights Topics in the State AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Missouri Advisory Committee (Committee) will hold a meeting on Friday, November 9, 2018, at 3:00 p.m. (Central) for the purpose discussing civil rights topics in the state.

    DATES:

    The meeting will be held on Friday, November 9, 2018, at 3:00 p.m. (Central).

    Public Call Information: Dial: 888-256-1007, Conference ID: 4021474.

    FOR FURTHER INFORMATION CONTACT:

    David Barreras, DFO, at [email protected] or 312-353-8311.

    SUPPLEMENTARY INFORMATION:

    Members of the public can listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-256-1007, 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.

    Agenda Welcome and Roll Call Discussion of Topics for Study Next Steps Public Comment Adjournment Dated: October 25, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2018-23727 Filed 10-30-18; 8:45 am] BILLING CODE P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Texas Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a teleconference meeting of the Texas Advisory Committee (Committee) to the Commission will be held at 1:00 p.m. (CDT) Monday, November 19, 2018. The purpose of the meeting is to discuss the post-advisory memo activity and elect committee vice chair.

    DATES:

    The meeting will be held on Monday, November 19, 2018, at 1:00 p.m. CDT.

    Public Call Information:

    Dial: 877-260-1479.

    Conference ID: 6060733.

    FOR FURTHER INFORMATION CONTACT:

    Ana Victoria Fortes (DFO) at [email protected] or (213) 894-3437.

    SUPPLEMENTARY INFORMATION:

    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.

    Agenda I. Welcome II. Elect Vice Chair III. Discussion Regarding Post-Advisory Memo Activity IV. Public Comment V. Next Steps VI. Adjournment Dated: October 26, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2018-23838 Filed 10-30-18; 8:45 am] BILLING CODE 6335-01-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meetings of the Arkansas Advisory Committee to the U.S. Commission on Civil Rights AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Arkansas Advisory Committee (Committee) will hold a meeting on Wednesday November 14, 2018 at 2:30 p.m. Central time. The Committee will discuss next steps in their study of civil rights and criminal justice in the state.

    DATES:

    The meeting will take place on Wednesday November 14, 2018 at 2:30pm Central. Public Call Information: Dial: 877-260-1479, Conference ID: 9012436.

    FOR FURTHER INFORMATION CONTACT:

    Melissa Wojnaroski, DFO, at [email protected] or 312-353-8311.

    SUPPLEMENTARY INFORMATION:

    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.

    Agenda Welcome and Roll Call Civil Rights in Arkansas: Mass Incarceration Future Plans and Actions Public Comment Adjournment Dated: October 25, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2018-23726 Filed 10-30-18; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE [Docket No.: 180928902-8902-01 Commerce Alternative Personnel System AGENCY:

    Office of Administration, Office of Human Resources Management, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the expansion of employee coverage under the Commerce Alternative Personnel System (CAPS), formerly the Department of Commerce Personnel Management Demonstration Project, published in the Federal Register on December 24, 1997. This coverage is extended to include employees of the National Oceanic and Atmospheric Administration (NOAA), Office of Atmospheric Research (OAR) located in the Earth Systems Research Laboratory, the Great Lakes Environmental Research Laboratory, and the Pacific Marine Environmental Research Laboratory. This notice also serves to modify the plan to add the Investigative Analysis Series, 1805 to the Administrative (ZA) career path.

    DATES:

    The amended Commerce Alternative Personnel System is effective October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Department of Commerce—Sandra Thompson, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 51020, Washington, DC 20230, (202) 482-0056 or Valerie Smith at (202) 482-0272.

    SUPPLEMENTARY INFORMATION:

    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.

    Kevin E. Mahoney, Director for Human Resources Management and Chief Human Capital Officer. Table of Contents I. Executive Summary II. Basis for CAPS Expansion III. Changes to the Project Plan I. Executive Summary

    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

    II. Basis for CAPS Expansion A. Purpose

    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.

    B. Participating Employees

    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.

    C. Labor Participation

    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.

    III. Changes to the Project Plan

    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.

    ESRL . . . Boulder, CO AFGE Local 2186 GLERL . . . Ann Arbor, MI AFGE Local 3908

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

    Administrative (ZA) career path, 1805, Investigative Analysis
    [FR Doc. 2018-23832 Filed 10-30-18; 8:45 am] BILLING CODE 3510-EA-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2065] Production Authority Not Approved; PBR, Inc. d/b/a SKAPS Industries; Foreign-Trade Zone 26; (Non-Woven Geotextiles); Athens, Georgia

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the Georgia Foreign-Trade Zone, Inc., grantee of FTZ 26, has requested production authority on behalf of PBR, Inc. d/b/a SKAPS Industries, located in Athens, Georgia (B-22-2014, docketed March 12, 2014);

    Whereas, notice inviting public comment has been given in the Federal Register (79 FR 15725-15726, March 21, 2014; 79 FR 17500, March 28, 2014) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations have not been satisfied;

    Now, therefore, the Board hereby does not approve the application requesting production authority under zone procedures within FTZ 26 at the facility of PBR, Inc. d/b/a SKAPS Industries, located in Athens, Georgia, as described in the application and Federal Register notice.

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-23796 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2071] Restricted Approval for Production Authority; Foreign-Trade Zone 186; Flemish Master Weavers (Machine-Woven Area Rugs); Waterville, Maine

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the City of Waterville, Maine, grantee of Foreign-Trade Zone 186, has requested production authority on behalf of Flemish Master Weavers (FMW), within Subzone 186A in Sanford, Maine (B-28-2017, docketed April 18, 2017);

    Whereas, notice inviting public comment has been given in the Federal Register (82 FR 26434, June 7, 2017; 83 FR 1608, January 12, 2018) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations would be satisfied, and that the proposal would be in the public interest, if subject to the restrictions listed below;

    Now, therefore, the Board hereby orders:

    The application for production authority under zone procedures within Subzone 186A on behalf of FMW, as described in the application and Federal Register notice, is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to the following restrictions:

    1. The annual quantitative volume of continuous filament polypropylene yarn that FMW may admit into Subzone 186A under nonprivileged foreign status (19 CFR 146.42) is limited to 3 million kilograms; and,

    2. Approval is limited to an initial period of five years, subject to extension upon review.

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-23803 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-42-2018] Foreign-Trade Zone (FTZ) 244—Riverside County, California; Authorization of Production Activity; ModusLink Corporation (Camera and Accessories Kitting), Riverside, California

    On June 28, 2018, ModusLink Corporation submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 244—Site 11, in Riverside, California.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (83 FR 31526-31527, July 6, 2018). On October 26, 2018, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The authorization is for the foreign-status components and finished products described in the notification, subject to a restriction requiring that textile bag packs; textile chest mount harnesses; bags, microfibers, and dive filters; camera cases; men's knitted shirts; men's t-shirts; women's t-shirts; men's sweatshirts; lithium-ion storage batteries; women's sweatshirts; and, men's jackets be admitted to the zone in privileged foreign status (19 CFR 146.41), with no further review by the FTZ Board.

    Dated: October 26, 2018. Elizabeth Whiteman, Acting Executive Secretary.
    [FR Doc. 2018-23799 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2070] Reorganization of Foreign-Trade Zone 29 Under Alternative Site Framework; Louisville, Kentucky

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the Board adopted the alternative site framework (ASF) (15 CFR Sec. 400.2(c)) as an option for the establishment or reorganization of zones;

    Whereas, the Louisville & Jefferson County Riverport Authority, grantee of Foreign-Trade Zone 29, submitted an application to the Board (FTZ Docket B-23-2018, docketed April 11, 2018, amended June 15, 2018) for authority to reorganize under the ASF with a service area of Anderson, Breckinridge, Bullitt, Butler, Carroll, Crittenden, Daviess, Franklin, Hancock, Henderson, Henry, Hopkins, Jefferson, McLean, Meade, Muhlenberg, Nelson, Ohio, Oldham, Shelby, Spencer, Trimble, Union, Webster, and Woodford Counties, in and adjacent to the Louisville, Kentucky and Evansville, Indiana Customs and Border Protection ports of entry, FTZ 29's existing Sites 1, 4, 7, 9, 11 and 15 would be categorized as magnet sites, and existing Sites 5, 6, 8, 13 and 14 as usage-driven sites;

    Whereas, notice inviting public comment was given in the Federal Register (83 FR 17142-17143, April 18, 2018) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied;

    Now, therefore, the Board hereby orders:

    The application to reorganize FTZ 29 under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, to the Board's standard 2,000-acre activation limit for the zone, to an ASF sunset provision for magnet sites that would terminate authority for Sites 4, 7, 9, 11 and 15 if not activated within five years from the month of approval, and to an ASF sunset provision for usage-driven sites that would terminate authority for Sites 5, 6, 8, 13 and 14 if no foreign-status merchandise is admitted for a bona fide customs purpose within three years from the month of approval.

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-23795 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2064] Reorganization and Expansion of Foreign-Trade Zone 198 Under Alternative Site Framework, Volusia and Flagler Counties, Florida

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the Board adopted the alternative site framework (ASF) (15 CFR Sec. 400.2(c)) as an option for the establishment or reorganization of zones;

    Whereas, Volusia County, grantee of Foreign-Trade Zone 198, submitted an application to the Board (FTZ DocketB-29-2018, docketed May 7, 2018) for authority to reorganize and expand under the ASF with a service area of Volusia County, Florida, in and adjacent to the Daytona Beach International Airport Customs and Border Protection user-fee airport, and FTZ 198's existing Site 1 (as modified) would be categorized as a magnet site and Sites 2, 3, 4 and 5 would be removed from the zone;

    Whereas, notice inviting public comment was given in the Federal Register (83 FR 22005, May 11, 2018) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied;

    Now, therefore, the Board hereby orders:

    The application to reorganize and expand FTZ 198 under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and to the Board's standard 2,000-acre activation limit for the zone.

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-23797 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-65-2018] Foreign-Trade Zone (FTZ) 78—Nashville, Tennessee; Notification of Proposed Production Activity; Calsonic Kansei North America; (Automotive Parts); Shelbyville and Lewisburg, Tennessee

    Calsonic Kansei North America (CKNA) submitted a notification of proposed production activity to the FTZ Board for its facilities in Shelbyville and Lewisburg, Tennessee. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on October 23, 2018.

    The applicant indicates that it will be submitting a separate application for FTZ designation at the CKNA facilities under FTZ 78. The facilities will be used to produce a variety of automotive parts and subassemblies for use in the automotive industry. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt CKNA from customs duty payments on the foreign-status components used in export production. On its domestic sales, for the foreign-status materials/components noted below, CKNA would be able to choose the duty rates during customs entry procedures that apply to: Safety, warning, and identification labels; glove box dampers; rubber grommets, mounts and seals; air filters; steel hex screws; polypropylene+talc plastic fuse covers; steel brackets; air vents; motor fan housings; air conditioner (a/c) blower fans; a/c evaporators with seals; a/c heater cores with seals; catalytic converters; evaporator expansion valves; electronic body control modules; plastic switch retaining brackets; airbag electronic control units; bumper brackets; center console boxes; plastic switch brackets; plastic covers; cover instruments; air duct center vents; dashboard speaker covers; cup holders; plastic lids; hinge plastic covers; console removable liners; air filter covers; windshield defrost ducts; dashboard pads; instrument panels; plastic center console pockets; motor fan splash guards; plastic radiator mount supports; radiator tank reserves; center console trays; air vents; plastic air intake doors; mechanical links and levers for intake doors; radiator with seals; steel mufflers end plates; steel exhaust tubes; steering column covers; steering members; radiator caps; air intake ducts; transmission oil coolers with seals; instrument cluster control switches; and, instrument cluster finishers (duty rate ranges from duty-free to 6%). CKNA would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

    The components and materials sourced from abroad include: Polypropylene+talc; blank labels; aluminum condensor seals; rubber radiator seals; vibration control rubber bumpers, mounting, and stoppers; steel flanges; zinc plated screw-taps; zinc plated bolts; steel screws; steel clips; steel brackets; flux cored wires; steel tubes; a/c blower fans; aluminum fan inserts; a/c blower fans with motors; air conditioner units; a/c amplifiers; connector liquid-tanks; heater cores with seals; evaporators; aluminum condensor pipe flanges; aluminum condensor header plates; condensor aluminum pipes; air filters; catalytic converters; steel catalytic converter housings; injection molds; muffler valves; evaporator expansion valves; electric fan motors; warning buzzers and speakers; radio units; antenna digital control modules; smart keyless antennae; air bag cut off indicators; capacitor-chips; resistors; printed circuit boards; instrument cluster switches; battery charging status warning indicators; audio control switches; manual a/c control units; automatic a/c control units; manual a/c controls; vehicle area network bridge controls; diodes; electronic frequency crystal-quartz; a/c controllers; body control module unit circuits; advanced driver assistance systems; electronic control unit occupant detection systems; integrated circuit-central processing units; airbag occupant electronic control units; sensors and diagnosis air bag service kits; air bag unit sensors; steering wire harnesses; a/c unit insulators; rear console finishers; instrument panel finishers; lid-fuse blocks; plastic instrument panel covers; door vents; a/c slide doors; steel radiator caps; aluminum radiator header plates; aluminum radiator core reinforcements; radiator with transmission oil coolers; aluminum radiator tubes; steel inlets and outlet diffuser exhaust tubes; flanges; steel insulators; steel exhaust pipes; aluminum condenser adapters; polypropulene+talc center duct adapters; steel boss oxygen exhaust manifolds; steel exhaust cap convertors; polypropulene+talc front cases; plastic air conditioner unit clips; stainless steel motor fan clips; zinc plated steel radiator support mounting collars; body control module connectors; ignition switch covers; connector covers; low density polyethylene duct aspirators; fan control modules; urethane foam grommet heater pipes; polyacetal hinge pins; nylon antenna holders; acrylonitrile ethylene styrene glove box lamp housings; automatic transmission controls; exhaust manifold steel joints; polycarbonate/acrylonitrile butadiene styrene and polyvinyl chloride instrument cluster skin lids; glove box lids; a/c motor/actuators; polypropulene+talc connector covers; acrylonitrile butadiene styrene switch covers; instrument clusters; polycarbonate/acrylonitrile butadiene styrene dashboard finishers; acrylonitrile butadiene styrene + polyethylene furanoate +polyvinyl chloride console panel covers; thermistor-type power temperature coefficient circuit breakers; instrument cluster pointer supports; a/c unit soft vinyl drain tubes; transmission oil cooler adapters; transmission oil coolers; intake sensor with clips; ambient in-car sensors; sun sensors; and, electronic a/c fan controls (duty rate ranges from duty-free to 7. The request indicates that certain materials/components are subject to special duties under Section 232 of the Trade Expansion Act of 1962 (Section 232) and Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 232 and Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41).

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is December 10, 2018.

    A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230-0002, and in the “Reading Room” section of the Board's website, which is accessible via www.trade.gov/ftz.

    For further information, contact Christopher Wedderburn at [email protected] or (202) 482-1963.

    Dated: October 25, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-23801 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2069] Expansion of Foreign-Trade Zone 15; Under Alternative Site Framework Kansas City, Missouri

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the Board adopted the alternative site framework (ASF) (15 CFR S. 400.2(c)) as an option for the establishment or reorganization of zones;

    Whereas, the Greater Kansas City Foreign-Trade Zone, Inc., grantee of Foreign-Trade Zone 15, submitted an application to the Board (FTZ Docket B-70-2017, docketed November 8, 2017) for authority to modify the boundaries of existing Site 3 at the Kansas City International Airport facility by removing and adding acreage under the ASF, in the Kansas City Customs and Border Protection port of entry;

    Whereas, notice inviting public comment was given in the Federal Register (82 FR 52878, November 15, 2017) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied;

    Now, therefore, the Board hereby orders:

    The application to expand FTZ 15—Site 3 under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and to the Board's standard 2,000-acre activation limit for the zone.

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance Alternate Chairman Foreign-Trade Zones Board.
    [FR Doc. 2018-23794 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-43-2018] Foreign-Trade Zone (FTZ) 21—Charleston, South Carolina; Authorization of Production Activity; AGRU America Charleston, LLC; (Polyethylene Fittings and Floaters); North Charleston, South Carolina

    On June 27, 2018, AGRU America Charleston, LLC, submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 21, Site 38, in North Charleston, South Carolina.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (83 FR 31725, July 9, 2018). On October 25, 2018, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.

    Dated: October 25, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-23802 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2068] Reorganization and Expansion of Foreign-Trade Zone 25 Under Alternative Site Framework, Broward County, Florida

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the Board adopted the alternative site framework (ASF) (15 CFR Sec. 400.2(c)) as an option for the establishment or reorganization of zones;

    Whereas, Broward County, grantee of Foreign-Trade Zone 25, submitted an application to the Board (FTZ Docket B-36-2018, docketed May 30, 2018) for authority to reorganize and expand under the ASF with a service area of Broward County, in and adjacent to the Port Everglades Customs and Border Protection port of entry, and FTZ 25's existing Sites 1 (as modified), 2 through 11, and 13 through 20 would be categorized as magnet sites;

    Whereas, notice inviting public comment was given in the Federal Register (83 FR 26256, June 6, 2018) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied;

    Now, therefore, the Board hereby orders:

    The application to reorganize and expand FTZ 25 under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, to the Board's standard 2,000-acre activation limit for the zone, and to an ASF sunset provision for magnet sites that would terminate authority for Sites 2 through 11 and 13 through 20 if not activated within five years from the month of approval.

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-23798 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2067] Production Authority Not Approved; Kravet, Inc.; Subzone 38G; (Commercial Samples); Anderson, South Carolina

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the South Carolina State Ports Authority, grantee of FTZ 38, has requested production authority on behalf of Kravet, Inc., for its facility located in Anderson, South Carolina (B-40-2014, docketed May 20, 2014);

    Whereas, notice inviting public comment has been given in the Federal Register (79 FR 30078-30079, May 27, 2014; 80 FR 15755, March 25, 2015) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations have not been satisfied;

    Now, therefore, the Board hereby does not approve the application requesting production authority under zone procedures within Subzone 38G at the facility of Kravet, Inc., located in Anderson, South Carolina, as described in the application and Federal Register notice.

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-23793 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2066] Production Authority Not Approved; CSI Calendering, Inc., Foreign-Trade Zone 39, (Rubber Coated Textile Fabric), Arlington, Texas

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the Dallas/Fort Worth International Airport Board, grantee of FTZ 39, has requested production authority on behalf of CSI Calendering, Inc. for its facility located in Arlington, Texas (B-26-2014, docketed March 18, 2014);

    Whereas, notice inviting public comment has been given in the Federal Register (79 FR 16278-16279, March 25, 2014; 79 FR 34285, June 16, 2014; 79 FR 41959, July 18, 2014) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations have not been satisfied;

    Now, therefore, the Board hereby does not approve the application requesting production authority under zone procedures within FTZ 39 at the facility of CSI Calendering, Inc., located in Arlington, Texas, as described in the application and Federal Register notice.

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-23800 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-533-883] Glycine From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that glycine from India is being, or is likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Applicable October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Kent Boydston or Edythe Artman, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5649 or (202) 482-3931, respectively.

    SUPPLEMENTARY INFORMATION: 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 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.

    1See Glycine from India, Japan, and Thailand: Initiation of Less-Than-Fair-Value Investigations, 83 FR 17995 (April 25, 2018) (Initiation Notice).

    2See Glycine from India, Japan, and Thailand: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 83 FR 42259 (August 21, 2018).

    3See Memorandum, “Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Glycine from India” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Investigation

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

    Scope Comments

    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.

    4See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).

    5See Initiation Notice.

    6See Memorandum, “Glycine from India, Japan, the People's Republic of China and Thailand: Scope Comments Decision Memorandum for the Preliminary Determinations” (Preliminary Scope Decision Memorandum), dated August 27, 2018.

    Methodology

    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.

    All-Others Rate

    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.

    Preliminary Determination

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

    Exporter/producer Estimated weighted-average dumping margin
  • (percent)
  • Cash
  • deposit
  • rate
  • (adjusted for
  • subsidy offset(s))
  • (percent)
  • Kumar Industries, India 7 80.49 77.87 Paras Intermediates Private Limited 8 10.86 8.24 All-Others 10.86 8.24
    Suspension of Liquidation

    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.

    7See “Less-Than-Fair-Value Investigation of Glycine from India: Additional Analysis Regarding Preliminary Determination to Apply Adverse Facts Available to Kumar Industries, India” dated concurrently with this memorandum.

    8See Analysis Memorandum for Paras, “Preliminary Determination Margin Calculation for Paras Intermediates Private Limited,” dated concurrently with this memorandum.

    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.

    Disclosure

    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).

    Verification

    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.

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.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.

    9See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

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

    Postponement of Final Determination and Extension of Provisional Measures

    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.

    10See Letter from Paras, “Glycine from India: Request for Postponement of Final Determination and Extension of Provisional Measures,” dated September 19, 2018.

    11See Letter from Kumar, “Certain Glycine from India: Request for Postponement of Final Determination and Extension of Provisional Measures,” dated September 21, 2018.

    International Trade Commission Notification

    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.

    Notification to Interested Parties

    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).

    Dated: October 24, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise covered by this investigation is glycine at any purity level or grade. This includes glycine of all purity levels, which covers all forms of crude or technical glycine including, but not limited to, sodium glycinate, glycine slurry and any other forms of amino acetic acid or glycine. Subject merchandise also includes glycine and precursors of dried crystalline glycine that are processed in a third country, including, but not limited to, refining or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope glycine or precursors of dried crystalline glycine. Glycine has the Chemical Abstracts Service (CAS) registry number of 56-40-6. Glycine and glycine slurry are classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2922.49.43.00. Sodium glycinate is classified in the HTSUS under 2922.49.80.00. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Application of Facts Available and Use of Adverse Inference A. Application of Facts Available B. Use of Adverse Inference C. Selection and Corroboration of the AFA Rate VII. All-Others Rate VIII. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis IX. Date of Sale X. Product Comparisons XI. Export Price XII. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison Market Prices XIII. Currency Conversion XIV. Verification XV. Conclusion
    [FR Doc. 2018-23718 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-351-825] Stainless Steel Bar From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily finds that the sole exporter subject to this administrative review has made sales of subject merchandise at less than normal value during the period of review (POR) February 1, 2017, through August 8, 2017. We invite interested parties to comment on these preliminary results.

    DATES:

    Applicable October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Hermes Pinilla, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3477.

    SUPPLEMENTARY INFORMATION:

    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

    1See Stainless Steel Bar from Brazil, India, Japan, and Spain: Continuation of Antidumping Duty Order (India) and Revocation of Antidumping Duty Orders (Brazil, Japan, and Spain), 83 FR 49910 (October 3, 2018) (Revocation Notice).

    Scope of the Order

    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

    2See the Memorandum, “Stainless Steel Bar from Brazil: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2017-2018,” dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum).

    Methodology

    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.

    Preliminary Results of Review

    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.

    Producer/exporter Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Villares Metals S.A 1.67
    Disclosure

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

    3See 19 CFR 351.224(b).

    Public Comment

    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

    4See 19 CFR 351.309(d).

    5See 19 CFR 351.303 (for general filing requirements).

    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.

    6See 19 CFR 351.310(c).

    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).

    Assessment Rates

    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

    7 In these preliminary results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews).

    8See Final Modification for Reviews, 77 FR at 8102.

    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.

    Cash Deposit Requirements

    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.

    9See Revocation Notice, 83 FR 49911.

    Notification to Importers

    This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties 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).

    Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Discussion of the Methodology (1) Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis (2) Product Comparisons (3) Date of Sale (4) Level of Trade/CEP Offset (5) Export Price and Constructed Export Price (6) Normal Value A. Home Market Viability and Comparison Market B. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test C. Calculation of Normal Value Based on Comparison Market Prices VI. Currency Conversion VII. Recommendation
    [FR Doc. 2018-23792 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-549-837] Glycine From Thailand: Preliminary Determination of Sales at Not Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that glycine from Thailand is not being, or is not likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Applicable October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Brian Smith or Jesus Saenz, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-8184, respectively.

    SUPPLEMENTARY INFORMATION:

    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.

    1See Glycine from India, Japan, and Thailand: Initiation of Less-Than-Fair-Value Investigations, 83 FR 17995 (April 25, 2018) (Initiation Notice).

    2See Glycine from India, Japan, and Thailand: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 83 FR 42259 (August 21, 2018).

    3See Memorandum, “Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Glycine from Thailand” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Investigation

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

    Scope Comments

    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.

    4See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).

    5See Initiation Notice.

    6See Memorandum, “Glycine from India, Japan, the People's Republic of China and Thailand: Scope Comments Decision Memorandum for the Preliminary Determinations” (Preliminary Scope Decision Memorandum), dated August 27, 2018.

    Methodology

    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.

    Preliminary Negative Determination of Critical Circumstances

    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.

    Preliminary Determination

    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.

    Exporter or producer Estimated weighted-average dumping margin
  • (percent)
  • Newtrend Food Ingredient (Thailand) Co., Ltd 0.00

    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.

    Suspension of Liquidation

    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.

    Disclosure

    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).

    Verification

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

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation, 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.

    7See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

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

    Postponement of Final Determination for Negative Preliminary Determination

    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.

    8 The petitioners are GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc.

    9See Letter from the petitioners, “Glycine from Thailand, Japan, and India: Request to Extend the Final Determinations in Glycine from Thailand, Japan and India,” dated September 14, 2018.

    International Trade Commission Notification

    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.

    Notification to Interested Parties

    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).

    Dated: October 24, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise covered by this investigation is glycine at any purity level or grade. This includes glycine of all purity levels, which covers all forms of crude or technical glycine including, but not limited to, sodium glycinate, glycine slurry and any other forms of amino acetic acid or glycine. Subject merchandise also includes glycine and precursors of dried crystalline glycine that are processed in a third country, including, but not limited to, refining or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope glycine or precursors of dried crystalline glycine. Glycine has the Chemical Abstracts Service (CAS) registry number of 56-40-6. Glycine and glycine slurry are classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2922.49.43.00. Sodium glycinate is classified in the HTSUS under 2922.49.80.00. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination V. Scope Comments VI. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VII. Date of Sale VIII. Product Comparisons IX. Constructed Export Price X. Normal Value A. Particular Market Situation B. Home Market Viability C. Level of Trade D. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of NV Based on Comparison Market Prices XI. Currency Conversion XII. Preliminary Negative Determination of Critical Circumstances XIII. Conclusion
    [FR Doc. 2018-23719 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-588-878] Glycine From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) preliminarily determines that glycine from Japan is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Applicable October 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Madeline Heeren or John McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-9179 or (202) 482-3019, respectively.

    SUPPLEMENTARY INFORMATION:

    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 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.

    1See Glycine from India, Japan, and Thailand: Initiation of Less-Than-Fair-Value Investigations, 83 FR 17995 (April 25, 2018) (Initiation Notice).

    2See Glycine from India, Japan, and Thailand: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 83 FR 42259 (August 21, 2018).

    3See Memorandum, “Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Glycine from Japan” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Investigation

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

    Scope Comments

    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.

    4See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).

    5See Initiation Notice, 83 FR at 17996.

    6See Memorandum, “Glycine from India, Japan, the People's Republic of China and Thailand: Scope Comments Decision Memorandum for the Preliminary Determination,” dated August 27, 2018 (Preliminary Scope Decision Memorandum).

    Methodology

    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.

    All-Others Rate

    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.

    7See Preliminary Decision Memorandum at 4-5, and 13-14.

    Preliminary Determination

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

    Exporter/producer Estimated
  • weighted-
  • average
  • dumping margin
  • (percent)
  • Yuki Gosei Kogyo Co., Ltd 8 53.66 Showa Denko K.K 86.22 All-Others 53.66
    Suspension of Liquidation

    8See Memorandum, “Preliminary Determination Margin Calculation for Yuki Gosei Kogyo Co., Ltd.” dated concurrently with this memorandum.

    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.

    Disclosure

    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).

    Verification

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

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.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.

    9See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

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

    Postponement of Final Determination and Extension of Provisional Measures

    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.

    10See Letter from Yuki Gosei and Nagase, “Glycine from Japan: Request to Postpone the Due Date for the Final Determination,” dated September 18, 2018.

    International Trade Commission Notification

    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.

    Notification to Interested Parties

    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).

    Dated: October 24, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise covered by this investigation is glycine at any purity level or grade. This includes glycine of all purity levels, which covers all forms of crude or technical glycine including, but not limited to, sodium glycinate, glycine slurry and any other forms of amino acetic acid or glycine. Subject merchandise also includes glycine and precursors of dried crystalline glycine that are processed in a third country, including, but not limited to, refining or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope glycine or precursors of dried crystalline glycine. Glycine has the Chemical Abstracts Service (CAS) registry number of 56-40-6. Glycine and glycine slurry are classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2922.49.43.00. Sodium glycinate is classified in the HTSUS under 2922.49.80.00. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Application of Facts Available and Use of Adverse Inference VII. All-Others Rate VIII. Discussion of the Methodology A. Determination of Comparison Method B. Results of the Differential Pricing Analysis IX. Date of Sale X. Product Comparisons XI. Export Price XII. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison Market Prices XIII. Currency Conversion XIV. Conclusion
    [FR Doc. 2018-23720 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG423 Endangered and Threatened Species: Take of Anadromous Fish AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

    NMFS has received an application for a new Enhancement of Survival Permit and a request for entry into an associated proposed Safe Harbor Agreement (Agreement) between the applicant and NMFS. The proposed Enhancement of Survival Permit and Agreement are intended to promote the survival and recovery of Central California Coast (CCC) Coho Salmon (Oncorhynchus kisutch) and CCC Steelhead (O. mykiss) listed as endangered and threatened, respectively, under the Endangered Species Act (ESA). Information NMFS received as a part of the application is available upon request by contacting the NMFS West Coast Region (WCR) at its California Coastal Office in Santa Rosa, California (see FOR FURTHER INFORMATION CONTACT).

    DATES:

    Comments or requests for a public hearing on the action proposed in the application or related matters must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard time on November 30, 2018.

    ADDRESSES:

    You may submit comments on this document and requests for a public hearing by any of the following methods. Please identify comments as relating to the “MacMurray Ranch Safe Harbor Agreement.”

    Electronic Submissions: Submit all electronic comments via the Federal Rulemaking Portal. Go to http://www.regulations.gov/, click the “Comment Now!” icon, complete the required fields, and enter, or attach your comments.

    Mail, Email, Fax: Submit written comments and requests for a public hearing to California Coastal Office, NMFS WCR, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404. Comments and requests may also be submitted via fax to 707-578-3435 or by email to [email protected]

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

    FOR FURTHER INFORMATION CONTACT:

    Dan Wilson, Santa Rosa, CA, Telephone: 707-578-8555, Fax: 707-578-3435, email: W[email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Authority

    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.

    Applications Received Permit 22362

    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.

    Dated: October 26, 2018. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2018-23812 Filed 10-30-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Pacific Islands Region Coral Reef Ecosystems Permit Form.

    OMB Control Number: 0648-0463.

    Form Number(s): None.

    Type of Request: Regular (extension of a currently approved information collection).

    Number of Respondents: 12.

    Average Hours per Response: 2 hours per special permit application; 10 minutes per transhipment permit application.

    Burden Hours: 31.

    Needs and Uses: This request is for extension of a current information collection.

    The National Marine Fisheries Service (NMFS) requires, as codified under 50 CFR part 665, any person (1) fishing for, taking, retaining, or using a vessel to fish for Western Pacific coral reef ecosystem management unit species in the designated low-use Marine Protected Areas, (2) fishing for any of these species using gear not specifically allowed in the regulations, or (3) fishing for, taking, or retaining any Potentially Harvested Coral Reef Taxa in the coral reef ecosystem regulatory area, to obtain and carry a permit. A receiving vessel owner must also have a transshipment permit for at-sea transshipment of coral reef ecosystem management unit species. The permit application form provides basic information about the permit applicant, vessel, fishing gear and method, target species, projected fishing effort, etc., for use by NMFS and the Western Pacific Fishery Management Council in determining eligibility for permit issuance. The information is important for understanding the nature of the fishery and provides a link to participants. It also aids in the enforcement of Fishery Ecosystem Plan measures.

    Affected Public: Business or other for-profit organizations and individuals or households.

    Frequency: Annually.

    Respondent's Obligation: Mandatory.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: October 25, 2018. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2018-23830 Filed 10-30-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Observer Programs' Information That Can Be Gathered Only Through Questions.

    OMB Control Number: 0648-0593.

    Form Number(s): None.

    Type of Request: Regular (extension of a currently approved information collection).

    Number of Respondents: 3,711.

    Average Hours per Response: 75 minutes.

    Burden Hours: 27,238.

    Needs and Uses: The National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS) deploys fishery observers on United States (U.S.) commercial fishing vessels and to fish processing plants in order to collect biological and economic data. NMFS has at least one observer program in each of its five Regions. These observer programs provide the most reliable and effective method for obtaining information that is critical for the conservation and management of living marine resources. Observer programs primarily obtain information through direct observations by employees or agents of NMFS; and such observations are not subject to the Paperwork Reduction Act (PRA). However, observer programs also collect the following information that requires clearance under the PRA: (1) Standardized questions of fishing vessel captains/crew or fish processing plant managers/staff, which include gear and performance questions, safety questions, and trip costs, crew size and other economic questions; (2) questions asked by observer program staff/contractors to plan observer deployments; (3) forms that are completed by observers and that fishing vessel captains are asked to review and sign; (4) questionnaires to evaluate observer performance; and (5) a form to certify that a fisherman is the permit holder when requesting observer data from the observer on the vessel. NMFS seeks to renew OMB PRA clearance for these information collections.

    The information collected will be used to: (1) Monitor catch and bycatch in federally managed commercial fisheries; (2) understand the population status and trends of fish stocks and protected species, as well as the interactions between them; (3) determine the quantity and distribution of net benefits derived from living marine resources; (4) predict the biological, ecological, and economic impacts of existing management action and proposed management options; and (5) ensure that the observer programs can safely and efficiently collect the information required for the previous four uses. In particular, these biological and economic data collection programs contribute to legally mandated analyses required under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), the National Environmental Policy Act (NEPA), the Regulatory Flexibility Act (RFA), Executive Order 12866 (E.O. 12866), as well as a variety of state statutes. The confidentiality of the data will be protected as required by the MSA, Section 402(b).

    Affected Public: Business or other for-profit organizations.

    Frequency: On occasion.

    Respondent's Obligation: Mandatory.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: October 25, 2018. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2018-23829 Filed 10-30-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Sea Grant Advisory Board (NSGAB); Public Meeting of the National Sea Grant Advisory Board AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Office of Oceanic and Atmospheric Research (OAR), Department of Commerce (DOC).

    ACTION:

    Notice of public meeting and notice of solicitation for nominations for the National Sea Grant Advisory Board.

    SUMMARY:

    This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Sea Grant Advisory Board (Board). Board members will discuss and provide advice on the National Sea Grant College Program (Sea Grant) 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 Sea Grant website.

    DATES:

    The meeting will be held Monday, December 10, 2018 from 4:00 p.m. ET to 5:30 p.m. ET. There is no due date for nominations. Applications will be kept on file for consideration of any Board vacancy for a period of three years from January 1, 2019.

    ADDRESSES:

    The meeting will be held via conference call. Public access is available at 1315 East-West Highway, Bldg. 3, Room #01215, Silver Spring, MD 20910.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Donna Brown, National Sea Grant College Program, National Oceanic and Atmospheric Administration, 1315 East-West Highway, SSMC 3, Room 11717, Silver Spring, Maryland 20910. (Phone: 301-734-1088, Fax: 301-713-1031, Email: [email protected]) or to attend in person or via conference call/webinar, please R.S.V.P. to Donna Brown (contact information above) by Wednesday, December 5, 2018. Nominations should be sent to the attention of Ms. Donna Brown, National Sea Grant College Program, National Oceanic and Atmospheric Administration, 1315 East-West Highway, SSMC 3, Room 11717, Silver Spring, Maryland 20910 or [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Dated: October 16, 2018. Eric Locklear, Deputy Chief Financial Officer/Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration.
    [FR Doc. 2018-23810 Filed 10-30-18; 8:45 am] BILLING CODE 3510-KA-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG583 Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment AGENCY:

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

    ACTION:

    Notice of intent; request for comments; public webinar.

    SUMMARY:

    NMFS announces its intent to issue exempted fishing permits (EFPs), scientific research permits (SRPs), display permits, letters of acknowledgment (LOAs), and shark research fishery permits for Atlantic highly migratory species (HMS) in 2019. EFPs and related permits would authorize collection of a limited number of HMS, including tunas, swordfish, billfishes, and sharks, from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific research, data collection, the investigation of bycatch, and public display, among other things. LOAs acknowledge that scientific research activity aboard a scientific research vessel is being conducted. Generally, EFPs and related permits would be valid from the date of issuance through December 31, 2019, unless otherwise specified, subject to the terms and conditions of individual permits. This notice also schedules a public webinar/conference call for applicants, during which NMFS will provide a general overview of the EFP program and hold a question and answer session.

    DATES:

    Written comments received in response to this notice will be considered by NMFS when issuing EFPs and related permits and must be received on or before November 30, 2018. NMFS also will host an operator-assisted public webinar/conference call on November 14, 2018, from 2 p.m. to 4 p.m. EDT, providing an opportunity for applicants to listen to a general overview of the EFP program and hold a question and answer session.

    ADDRESSES:

    Comments may be submitted by any of the following methods:

    Email: [email protected]. Include in the subject line the following identifier: 0648-XG583.

    Mail: Craig Cockrell, Highly Migratory Species Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910.

    Instructions: The public webinar/conference call information is phone number (888) 942-8612; participant passcode 6276326. Participants are strongly encouraged to log/dial in 15 minutes prior to the meeting. NMFS will show a brief overview presentation via webinar followed by a question and answer session: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=ee7c953be8b128d064d6557dbb5e5423b; password: NOAA.

    FOR FURTHER INFORMATION CONTACT:

    Craig Cockrell, phone: (301) 427-8503

    SUPPLEMENTARY INFORMATION:

    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.

    Table 1—Summary of HMS Exempted Fishing Permits Issued in 2017 and 2018, Other Than Shark Research Fishery Permits [“HMS” refers to multiple species being collected under a given permit type] Permit type 2017 Permits issued ** Authorized fish
  • (No.)
  • Authorized larvae
  • (No.)
  • Fish kept/
  • discarded dead
  • (No.)
  • Larvae kept
  • (No.)
  • 2018 Permits Issued ** Authorized fish
  • (No.) **
  • EFP: HMS 4 357 0 17 0 2 162 Shark 4 57 0 85 0 4 0 Tuna 2 350 0 2 0 2 750 SRP: HMS 3 260 0 70 0 6 2,030 Shark 1 720 0 300 0 1 487 Tuna 0 0 0 0 0 1 0 Display: HMS 2 88 0 6 0 2 84 Shark 5 109 0 38 0 6 185 Total 21 1,941 0 518 0 24 3,698 LOA: * Shark 12 2,275 0 513 0 15 185 * LOAs acknowledge scientific research activity but do not authorize activity. Thus, the number of sharks in the authorized fish column are estimates of harvest under LOAs. Permittees are encouraged to report all fishing activities in a timely manner. **Atlantic HMS larvae were authorized in one permit for collection but no limit on the number of larvae were set. Some shark EFPs and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks and were not expected to result in large amounts of mortality. Given this some mortality may occur throughout 2018 and will be accounted for under the 60 metric ton shark research and display quota.

    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.

    Authority:

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

    Dated: October 26, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-23791 Filed 10-30-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Department of the Army Performance Review Board Membership AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice.

    SUMMARY:

    Notice is given of the names of members of a Performance Review Board for the Department of the Army.

    DATES:

    Effective Date: October 26, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Barbara Smith, Civilian Senior Leader Management Office, 111 Army Pentagon, Washington, DC 20310-0111.

    SUPPLEMENTARY INFORMATION:

    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:

    1. Ms. Delia A. Adams, Senior Contracting Executive, U.S. Army Installation Management Command, San Antonio, TX.

    2. Ms. Lisha H. Adams, Executive Deputy to the Commanding General, U.S. Army Materiel Command, Redstone Arsenal, AL.

    3. Mr. Stephen D. Austin, Assistant Chief of the Army Reserve, Office of the Chief Army Reserve, Washington, DC.

    4. Mr. Mark F. Averill, Deputy Administrative Assistant to the Secretary of the Army/Director Resources & Program Agency, Office of the Administrative Assistant, Washington, DC.

    5. Mr. Stephen G. Barth, Deputy Assistant Secretary of the Army (Cost And Economics), Office of the Assistant Secretary of the Army (Financial Management & Comptroller), Washington, DC.

    6. LTG Scott D. Berrier, Deputy Chief of Staff, Office of the Deputy Chief of Staff G-2, Washington, DC.

    7. LTG Gwendolyn Bingham, Assistant Chief of Staff for Installation Management, Office of the Assistant Chief of Staff, Installation Management, Washington, DC.

    8. Ms. Carla Kay Coulson, Director, Installation Services, Assistant Chief of Staff for Installation Management, Washington, DC.

    9. LTG Bruce T. Crawford, Chief Information Officer/G-6, Office of the Chief Information Officer/G-6, Washington, DC.

    10. LTG Edward M. Daly, Deputy Commanding General/Chief of Staff, U.S. Army Materiel Command, Redstone Arsenal, AL.

    11. Mr. John J. Daniels, Deputy Assistant Secretary for Plans, Programs and Resources, Office of the Assistant Secretary of the Army (Acquisition, Logistics & Technology), Washington, DC.

    12. Ms. Karen L. Durhamaguilera, Executive Director of the Army National Cemeteries Program, Office of the Secretary of the Army, Arlington, VA.

    13. Ms. Monique Y. Ferrell, Principal Deputy Auditor General, U.S. Army Audit Agency, Fort Belvoir, VA.

    14. Mr. Gregory L. Garcia, Deputy Chief Information Officer, Office of the Chief Information Officer/G-6, Washington, DC.

    15. Mr. Larry D. Gottardi, Director, Civilian Senior Leader Management Office, Office of the Deputy Under Secretary, Washington, DC.

    16. Ms. Patricia A. Guitard, Special Advisor for Open Source Intelligence, U.S. Army Intelligence Security Command, Fort Belvoir, VA.

    17. Mr. John E. Hall, Deputy to the Commanding General, U.S. Army Combined Arms Support Command, Fort Lee, VA.

    18. Mr. Stuart A. Hazlett, Deputy Assistant Secretary of the Army (Procurement), Office of the Assistant Secretary of the Army (Acquisition, Logistics & Technology), Washington, DC.

    19. Dr. David A. Horner, Director, Information Technology Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS.

    20. HON R. D. James, Assistant Secretary of the Army (Civil Works), Office of the Assistant Secretary of the Army (Civil Works), Washington, DC.

    21. HON Bruce D. Jette, Assistant Secretary of the Army (Acquisition, Logistics & Technology), Office of the Assistant Secretary of the Army (Acquisition, Logistics & Technology), Washington, DC.

    22. Dr. Marti Jett-Tilton, Senior Research Scientist (Systems Biology), U.S. Army Medical Command, Fort Detrick, MD.

    23. Mr. Thomas E. Kelly III, Deputy Under Secretary of the Army, Office of the Deputy Under Secretary, Washington, DC.

    24. Ms. Krystyna M.A. Kolesar, Deputy Director, Program Analysis & Evaluation Directorate, Office of the Deputy Chief Of Staff, G-8, Washington, DC.

    25. Mr. Jeffrey L. Langhout, Director for Systems Simulation, Software, and Integration, U.S. Army Research, Development, and Engineering Command, Redstone, AL.

    26. Mr. Mark R. Lewis, Special Assistant to the Administrative Assistant to the Secretary of the Army, Office of the Secretary of the Army, Washington, DC.

    27. Dr. George V. Ludwig, Principal Assistant for Research and Technology, U.S. Army Medical Command, Fort Detrick, MD.

    28. Dr. David Markowitz, Assistant Deputy Chief of Staff for Programs, G-8, Office of the Deputy Chief of Staff, G-8, Washington, DC.

    29. LTG Joseph M. Martin, Director of the Army Staff, Office of the Director of the Army Staff, Washington, DC.

    30. LTG Theodore D. Martin, Deputy Commanding General/Chief of Staff, U.S. Army Training and Doctrine Command, Fort Eustis, VA.

    31. Mr. Phillip E. Mcghee, Deputy Chief of Staff for Resource Management, G-8, U.S. Army Forces Command, Fort Bragg, NC.

    32. HON James E. McPherson, General Counsel, Office of the General Counsel, Washington, DC.

    33. Ms. Kathleen S. Miller, Assistant Deputy Chief of Staff for Operations, Office of the Deputy Chief of Staff, G-3/5/7, Washington, DC.

    34. Mr. William F. Moore, Assistant Deputy Chief of Staff, G-4, Office of the Deputy Chief of Staff, G-4, Washington, DC.

    35. Mr. Levator Norsworthy, Jr., Deputy General Counsel (Acquisition), Office of the General Counsel, Washington, DC.

    36. LTG Paul A. Ostrowski, Military Deputy/Director, Acquisition and Contracting, Office of the Assistant Secretary of the Army (Acquisition, Logistics & Technology), Washington, DC.

    37. Ms. Karen W. Pane, Director of Human Resources, U.S. Army Corps of Engineers, Washington, DC.

    38. LTG Aundre F. Piggee, Deputy Chief of Staff, Office of the Deputy Chief of Staff, G-4, Washington, DC.

    39. Mr. Ronald William Pontius, Deputy to Commanding General, Army Cyber Command, U.S. Army Cyber Command, Fort Belvoir, VA.

    40. Mr. Michael T. Powers, Principal Deputy Assistant Secretary of the Army (Controls), Office of the Assistant Secretary of the Army (Financial Management & Comptroller), Washington, DC.

    41. Mr. Jeffrey N. Rapp, Assistant Deputy Chief of Staff, G-2, Office of the Deputy Chief of Staff, G-2, Washington, DC.

    42. Dr. Peter J. Reynolds, Senior Research Scientist (Physical Sciences), U.S. Army Research Laboratory, Durham, NC.

    43. Ms. Anne L. Richards, The Auditor General, U.S. Army Audit Agency, Fort Belvoir, VA.

    44. LTG Laura J. Richardson, Deputy Commanding General/Chief of Staff, U.S. Army Forces Command, Fort Bragg, NC.

    45. Mr. J. Randall Robinson, Executive Deputy to the Commanding General, U.S. Army Installation Management Command, Fort Sam Houston, TX.

    46. Dr. Paul D. Rogers, Director, U.S. Army Tank-Automotive Research, Development, and Engineering Center, Warren, MI.

    47. Ms. Alexis Lasselle Ross, Deputy Assistant Secretary of the Army (Strategy and Acquisition Reform), Office of the Secretary of the Army, Washington, DC.

    48. Dr. Thomas P. Russell, Deputy Assistant Secretary for Research and Technology/Chief Scientist, Office of the Assistant Secretary of the Army (Acquisition, Logistics & Technology), Washington, DC.

    49. Mr. Bryan R. Samson, Deputy to the Commander, Surface Deployment and Distribution Command, U.S. Army Materiel Command, Scott Air Force Base, IL.

    50. Mr. Robert J. Sander, Principal Deputy General Counsel, Office of the General Counsel, Washington, DC.

    51. LTG Thomas C. Seamands, Deputy Chief of Staff, Office of the Deputy Chief of Staff, G-1, Washington, DC.

    52. LTG Todd T. Semonite, Chief of Engineers/Commanding General, U.S. Army Corps of Engineers, Washington, DC.

    53. Ms. Tanya M. Skeen, Executive Director, Rapid Capabilities Office, Office of the Assistant Secretary of the Army (Acquisition, Logistics & Technology), Washington, DC.

    54. Ms. Cherie A. Smith, Program Executive Officer, Enterprise Information Systems, Office of the Secretary of the Army, Washington, DC.

    55. Mr. Robin P. Swan, Deputy Director, Office of Business Transformation, Office of the Secretary of the Army, Washington, DC.

    56. Dr. Mark B. Tischler, Senior Research Scientist (Rotorcraft Flight Dynamics and Control), U.S. Army Aviation And Missile Command, Moffett Field, CA.

    57. MG Kirk F. Vollmecke, Program Executive Officer, Intelligence, Electronic Warfare, and Sensors, Office of the Secretary of the Army, Washington, DC.

    58. Mr. Roy A. Wallace, Assistant Deputy Chief of Staff, Office of the Deputy Chief of Staff, G-1, Washington, DC.

    59. HON Casey Wardynski, Jr., Assistant Secretary of the Army (Manpower and Reserve Affairs), Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs), Washington, DC.

    60. MG Michael C. Wehr, Deputy Chief of Engineers/Deputy Commanding General, U.S. Army Corps of Engineers, Washington, DC.

    61. LTG Eric J. Wesley, Deputy Commanding General, Futures/Director, Army Capabilities Integration Center, U.S. Army Training and Doctrine Command, Fort Eustis, VA.

    62. Dr. Bruce J. West, Senior Research Scientist (Mathematical Sciences), U.S. Army Research Laboratory, Durham, NC.

    63. Mr. Jeffrey S. White, Principal Deputy Assistant Secretary of the Army (Acquisitions, Logistics & Technology), Office of the Assistant Secretary of the Army (Acquisition, Logistics & Technology), Washington, DC.

    64. Mr. Marshall M. Williams, Principal Deputy Assistant Secretary of the Army (Manpower & Reserve Affairs), Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs), Washington, DC.

    65. Mr. John S. Willison, Deputy to the Commanding General, U.S. Army Reseearch Development and Engineering Command, U.S. Army Materiel Command, Redstone Arsenal, AL.

    66. Mr. Max R. Wyche, Deputy Chief of Staff for Personnel, U.S. Army Materiel Command, Redstone Arsenal, AL.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2018-23806 Filed 10-30-18; 8:45 am] BILLING CODE 5001-03-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the United States Military Academy Board of Visitors (“the Board”).

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    The Board's charter is being renewed, pursuant to 10 U.S.C. 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.

    Dated: October 26, 2018. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-23833 Filed 10-30-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Intent To Prepare an Environmental Impact Statement for Nebraska Department of Transportation U.S. Highway 275 West Point to Scribner Project AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of intent.

    SUMMARY:

    The U.S. Army Corps of Engineers (Corps) is preparing an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) for U.S. Highway 275 (US-275) West Point to Scribner Project (Project) sponsored by the Nebraska Department of Transportation (NDOT). NDOT proposes to expand US-275 from a two-lane highway to a four-lane expressway along an approximately 20-mile segment from northwest of West Point to southeast of Scribner, including a bypass around Scribner (referred to as “Scribner Bypass”), in Cuming and Dodge Counties, Nebraska.

    Construction of the Project is expected to impact jurisdictional waters of the United States, thereby requiring a Clean Water Act Section 404 permit. Additionally, NDOT is proposing to build segments of the Scribner Bypass on an existing federally authorized levee, which would require a Section 408 authorization. The Project may also affect Natural Resources Conservation Service (NRCS) Wetland Reserve Program (WRP) easements. Due to these requirements, the Corps has determined an EIS is necessary for the Project. The Corps has determined that the provisions of Executive Order 13807 (“One Federal Decision”) apply to this Project. One Federal Decision is intended to streamline federal permitting processes, including environmental reviews and authorization decisions, for major infrastructure projects.

    DATES:

    A public scoping meeting will be held on Thursday, November 8, 2018 from 5:30 p.m.-7:30 p.m.

    ADDRESSES:

    The public scoping meeting will be held at Mohr Auditorium located at 650 County Road 13 Boulevard, Scribner, NE 68057.

    FOR FURTHER INFORMATION CONTACT:

    Questions regarding the Project and the EIS should be addressed to Phil Rezac, Project Manager, U.S. Army Corps of Engineers, Nebraska Regulatory Office, Wehrspann Field Office, 8901 S 154th Street, Omaha, NE 68138-3621 or at (402) 896-0896; [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    John L. Moeschen, Nebraska State Program Manager, Regulatory Branch.
    [FR Doc. 2018-23451 Filed 10-30-18; 8:45 am] BILLING CODE 3720-58-P
    DELAWARE RIVER BASIN COMMISSION Notice of Public Hearing and Business Meeting November 14 and December 12, 2018

    Notice is hereby given that the Delaware River Basin Commission will hold a public hearing on Wednesday, November 14, 2018. A business meeting will be held the following month on Wednesday, December 12, 2018. The hearing and meeting are open to the public and will take place at the Washington Crossing Historic Park Visitor Center, 1112 River Road, Washington Crossing, Pennsylvania.

    Public Hearing. The public hearing on November 14, 2018 will begin at 1:30 p.m. Hearing items subject to the Commission's review will include draft dockets for withdrawals, discharges, and other projects that could have a substantial effect on the basin's water resources.

    The list of projects scheduled for hearing, including project descriptions, will be posted on the Commission's website, www.drbc.gov, in a long form of this notice at least ten days before the hearing date.

    Written comments on matters scheduled for hearing on November 14 will be accepted through 5 p.m. on November 19.

    The public is advised to check the Commission's website periodically prior to the hearing date, as items scheduled for hearing may be postponed if additional time is deemed necessary to complete the Commission's review, and items may be added up to ten days prior to the hearing date. In reviewing docket descriptions, the public is also asked to be aware that project details commonly change in the course of the Commission's review, which is ongoing.

    Public Meeting. The public business meeting on December 12, 2018 will begin at 10:30 a.m. and will include: Adoption of the Minutes of the Commission's September 13, 2018 Business Meeting, announcements of upcoming meetings and events, a report on hydrologic conditions, reports by the Executive Director and the Commission's General Counsel, and consideration of any items for which a hearing has been completed or is not required.

    After all scheduled business has been completed and as time allows, the Business Meeting will be followed by up to one hour of Open Public Comment, an opportunity to address the Commission on any topic concerning management of the basin's water resources outside the context of a duly noticed, on-the-record public hearing.

    There will be no opportunity for additional public comment for the record at the December 12 Business Meeting on items for which a hearing was completed on November 14 or a previous date. Commission consideration on December 12 of items for which the public hearing is closed may result in approval of the item (by docket or resolution) as proposed, approval with changes, denial, or deferral. When the Commissioners defer an action, they may announce an additional period for written comment on the item, with or without an additional hearing date, or they may take additional time to consider the input they have already received without requesting further public input. Any deferred items will be considered for action at a public meeting of the Commission on a future date.

    Advance Sign-Up for Oral Comment. Individuals who wish to comment on the record during the public hearing on November 14 or to address the Commissioners informally during the Open Public Comment portion of the meeting on December 12 as time allows, are asked to sign-up in advance through EventBrite. Links to EventBrite for the Public Hearing and the Business Meeting are available at www.drbc.gov. For assistance, please contact Ms. Paula Schmitt of the Commission staff, at [email protected]

    Submitting Written Comment. Written comment on items scheduled for hearing may be made through the Commission's web-based comment system, a link to which is provided at www.drbc.gov. Use of the web-based system ensures that all submissions are captured in a single location and their receipt is acknowledged. Exceptions to the use of this system are available based on need, by writing to the attention of the Commission Secretary, DRBC, P.O. Box 7360, 25 Cosey Road, West Trenton, NJ 08628. For assistance, please contact Paula Schmitt at [email protected]

    Accommodations for Special Needs. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act who wish to attend the meeting or hearing should contact the Commission Secretary directly at 609-883-9500 ext. 203 or through the Telecommunications Relay Services (TRS) at 711, to discuss how we can accommodate your needs.

    Additional Information, Contacts. Additional public records relating to hearing items may be examined at the Commission's offices by appointment by contacting Denise McHugh, 609-883-9500, ext. 240. For other questions concerning hearing items, please contact David Kovach, Project Review Section Manager at 609-883-9500, ext. 264.

    Dated: October 24, 2018. Pamela M. Bush, Commission Secretary and Assistant General Counsel.
    [FR Doc. 2018-23716 Filed 10-30-18; 8:45 am] BILLING CODE 6360-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2018-ICCD-0087] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; A Study of Reliability and Consequential Validity of a Mathematics Diagnostic Assessment System in Georgia AGENCY:

    Institute of Education Sciences (IES), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Interested persons are invited to submit comments on or before November 30, 2018.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2018-ICCD-0087. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9088, Washington, DC 20202-0023.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Felicia Sanders, 202-245-6264.

    SUPPLEMENTARY INFORMATION:

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

    Title of Collection: 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.

    Dated: October 25, 2018. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2018-23763 Filed 10-30-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Submission of Data by State Educational Agencies; Submission Dates for State Revenue and Expenditure Reports for Fiscal Year 2018, Revisions to Those Reports, and Revisions to Prior Fiscal Year Reports AGENCY:

    National Center for Education Statistics, Institute of Education Sciences, Department of Education.

    ACTION:

    Notice.

    SUMMARY:

    The Secretary announces dates for State educational agencies (SEAs) to submit expenditure and revenue data and average daily attendance statistics on ED Form 2447 (the National Public Education Financial Survey (NPEFS)) for fiscal year (FY) 2018, revisions to those reports, and revisions to reports for previous fiscal years. The Secretary sets these dates to ensure that data are available to serve as the basis for timely distribution of Federal funds. The U.S. Census Bureau is the data collection agent for this request of the Department of Education's National Center for Education Statistics (NCES). The data will be published by NCES and will be used by the Secretary in the calculation of allocations for FY 2020 appropriated funds.

    DATES:

    SEAs can begin submitting data on Thursday, January 31, 2019. SEAs are urged to submit accurate and complete data by Friday, March 29, 2019, to facilitate timely processing. The deadline for the final submission of all data, including any revisions to previously submitted data for FY 2017 and FY 2018, is 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 as soon as possible, but no later than Tuesday, September 3, 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.

    ADDRESSES AND SUBMISSION INFORMATION:

    SEAs may mail ED Form 2447 to: U.S. Census Bureau, ATTENTION: Economic Reimbursable Surveys Division, 4600 Silver Hill Road, Suitland, MD 20746.

    If an SEA's submission is received by the Census Bureau after August 15, 2019, the SEA must show one of the following as proof that the submission was mailed on or before that date:

    1. A legibly dated U.S. Postal Service postmark.

    2. A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    3. A dated shipping label, invoice, or receipt from a commercial carrier.

    4. Any other proof of mailing acceptable to the Secretary.

    If the SEA mails ED Form 2447 through the U.S. Postal Service, the Secretary does not accept either of the following as proof of mailing:

    1. A private metered postmark.

    2. A mail receipt that is not dated by the U.S. Postal Service.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, an SEA should check with its local post office.

    SEAs may submit data online using the interactive survey form on the NPEFS data collection website at: http://surveys.nces.ed.gov/ccdnpefs. The NPEFS interactive survey includes a digital confirmation page where a personal identification number (PIN) may be entered. A successful entry of the PIN serves as a signature by the authorizing official. Alternatively, a certification form also may be printed from the website, signed by the authorizing official, and mailed to the Economic Reimbursable Surveys Division of the Census Bureau at the Washington, DC, address provided above, within five business days after submission of the NPEFS web interactive form.

    Alternatively, SEAs may hand-deliver submissions by 4:00 p.m. Washington, DC, time on August 15, 2019, to: U.S. Census Bureau, Economic Reimbursable Surveys Division, 4600 Silver Hill Road, Suitland, MD 20746.

    FOR FURTHER INFORMATION CONTACT:

    Stephen Q. Cornman, NPEFS Project Director, National Center for Education Statistics, Institute of Education Sciences, U.S. Department of Education. Telephone: (202) 245-7753. Email: [email protected] You may also contact an NPEFS team member at the Census Bureau. Telephone: 1-800-437-4196 or (301) 763-1571. Email: [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    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.

    Note:

    The following are important dates in the data collection process for FY 2018 data and revisions to reports for previous fiscal years:

    Date Activity January 31, 2019 SEAs can begin to submit accurate and complete data for FY 2018 and revisions to previously submitted data for FY 2017. March 29, 2019 Date by which SEAs are urged to submit accurate and complete data for FY 2017 and FY 2018. August 15, 2019 Mandatory final submission date for FY 2017 and FY 2018 data to be used for program funding allocation purposes. September 3, 2019 Mandatory final deadline for responses by SEAs to requests for clarification or reconciliation or other inquiries by NCES or the Census Bureau. All data issues must be resolved.

    Accessible Format: Individuals with disabilities may obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to: Stephen Q. Cornman, NPEFS Project Director, National Center for Education Statistics, Institute of Education Sciences, U.S. Department of Education. Telephone: (202) 245-7753. Email: [email protected]

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Authority:

    20 U.S.C. 9543.

    Dated: October 26, 2018. Mark Schneider, Director of the Institute of Education Sciences.
    [FR Doc. 2018-23834 Filed 10-30-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Hydrogen and Fuel Cell Technical Advisory Committee (HTAC) AGENCY:

    Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces an open meeting of the Hydrogen and Fuel Cell Technical Advisory Committee (HTAC). The Federal Advisory Committee Act requires notice of the meeting be announced in the Federal Register.

    DATES:

    Wednesday, December 12, 2018, 8:30 a.m.-5:15 p.m.; Thursday, December 13, 2018, 8:30 a.m.-12:00 p.m.

    ADDRESSES:

    National Renewable Energy Laboratory, 901 D Street SW, Suite 930, Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Email: [email protected] or at the mailing address: Shawna McQueen, Designated Federal Officer, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, EE-3F, Washington, DC 20585.

    SUPPLEMENTARY INFORMATION:

    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).

    • HTAC Business (including public comment period) • DOE Leadership Updates • Program and Budget Updates • Updates from Federal/State Governments and Industry • HTAC Subcommittee Updates • Open Discussion Period

    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.

    Signed in Washington, DC, on October 26, 2018. LaTanya Butler, Deputy Committee Management Officer.
    [FR Doc. 2018-23811 Filed 10-30-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Agency Information Collection Reinstatement, With Change AGENCY:

    U.S. Department of Energy.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Department of Energy (DOE) will submit a request to the Office of Management and Budget (OMB) to review and approve a reinstatement, with change, of a previously approved information collection for which approval has expired regarding reports required pursuant to the Technology Transfer Commercialization Act of 2000.

    DATES:

    Comments regarding this proposed information collection must be received on or before December 31, 2018. If you anticipate difficulty in submitting comments within that period, please contact Phillip Harmonick, Attorney-Examiner, Office of Hearings and Appeals, as listed below, as soon as possible.

    ADDRESSES:

    Written comments may be sent to Phillip Harmonick, Office of Hearings and Appeals, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585; by fax at (202) 287-1415, or by email at [email protected] Please refer to OMB Control No. 1910-5118 in all correspondence.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Phillip Harmonick at the address listed in ADDRESSES.

    SUPPLEMENTARY INFORMATION:

    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.

    B. Annual Reporting Burden

    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.

    C. Public Comments

    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.

    Statutory Authority:

    Section 11 of the Technology Transfer Commercialization Act of 2000, Public Law 106-404, codified at 42 U.S.C. 7261c(c)(3)(C).

    Signed in Washington, DC, on October 25, 2018. Poli Marmolejos, Director, Office of Hearings and Appeals.
    [FR Doc. 2018-23809 Filed 10-30-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER17-814-002; ER17-815-002; ER17-816-002; ER10-2606-013.

    Applicants: Verso Energy Services LLC, Verso Luke LLC, Verso Escanaba LLC, Consolidated Water Power Company.

    Description: Supplement to June 29, 2018 Updated Market Power Analysis of the Verso Market-Based Rate Entities for Central Region.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5373.

    Comments Due: 5 p.m. ET 11/13/18.

    Docket Numbers: ER18-2495-002.

    Applicants: PacifiCorp.

    Description: Tariff Amendment: Amendment 2 to SA 907 Orion Wind E&P to be effective 9/19/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5102.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-168-000.

    Applicants: Midcontinent Independent System Operator, Inc., ALLETE, Inc.

    Description: § 205(d) Rate Filing: 2018-10-23_SA 3195 MP-GRE T-L IA (Shoal Lake) to be effective 10/24/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5288.

    Comments Due: 5 p.m. ET 11/13/18.

    Docket Numbers: ER19-169-000.

    Applicants: ISO New England Inc., New England Power Pool Participants Committee.

    Description: § 205(d) Rate Filing: ISO-NE and NEPOOL; Filing re CSO Cover Changes to be effective 12/24/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5303.

    Comments Due: 5 p.m. ET 11/13/18.

    Docket Numbers: ER19-170-000.

    Applicants: Gateway Energy Storage, LLC.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authorization and Request for Waivers to be effective 10/24/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5334.

    Comments Due: 5 p.m. ET 11/13/18.

    Docket Numbers: ER19-171-000.

    Applicants: Southwestern Electric Power Company.

    Description: § 205(d) Rate Filing: Amended and Restated NTEC PSA to be effective 5/31/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5336.

    Comments Due: 5 p.m. ET 11/13/18.

    Docket Numbers: ER19-172-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Amended CLGIA Mammoth Pacific Casa Diablo 4—ITCC to be effective 1/1/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5000.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-173-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Amended LGIAs under TO Tariff—ITCC to be effective 1/1/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5001.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-174-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to WMPA SA No. 4503; Queue No. AB1-166 to be effective 6/27/2016.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5031.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-175-000.

    Applicants: Midcontinent Independent System Operator, Inc., ALLETE, Inc.

    Description: § 205(d) Rate Filing: 2018-10-24_SA 3197 MP-GRE T-L IA (Pokegama) to be effective 10/25/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5052.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-176-000.

    Applicants: Midcontinent Independent System Operator, Inc., ALLETE, Inc.

    Description: § 205(d) Rate Filing: 2018-10-24_SA 3196 MP-GRE T-L IA (Shingobee) to be effective 10/25/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5057.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-177-000.

    Applicants: Midcontinent Independent System Operator, Inc., ALLETE, Inc.

    Description: § 205(d) Rate Filing: 2018-10-24_SA 3198 MP-GRE T-L IA (Hill City) to be effective 10/25/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5061.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-178-000.

    Applicants: PACE RENEWABLE ENERGY 1 LLC.

    Description: Baseline eTariff Filing: MBRA Tariff to be effective 10/25/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5067.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-179-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2018-10-24 Transferred Frequency Response Agreement with Bonneville to be effective 12/1/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5091.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-180-000.

    Applicants: Metcalf Energy Center, LLC.

    Description: Tariff Cancellation: Termination of Rate Schedule FERC No. 1 to be effective 12/31/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5103.

    Comments Due: 5 p.m. ET 11/14/18.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES19-3-000.

    Applicants: New Hampshire Transmission, LLC.

    Description: Application for Authorization of Issuance of Long-Term Debt Securities under Section 204 of the Federal Power Act, et al. of New Hampshire Transmission, LLC.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5045.

    Comments Due: 5 p.m. ET 11/14/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 24, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-23766 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-178-000] Pace Renewable Energy 1 LLC: Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of PACE RENEWABLE ENERGY 1 LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

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

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is November 14, 2018.

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

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

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

    Dated: October 25, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-23767 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP19-115-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Negotiated Rate—Direct Energy 8953561 to be effective 11/1/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5023.

    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-116-000.

    Applicants: DTE Midstream Appalachia, LLC.

    Description: § 4(d) Rate Filing: Tariff Filing in Compliance Comm Order CP17-409 to be effective 11/30/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5130.

    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-117-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: PCB TETLP DEC 2018 Filing to be effective 12/1/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5132.

    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-118-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: § 4(d) Rate Filing: Negotiated Rate Agreement-CapacityRelease Macquarie to be effective 10/24/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5146.

    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-119-000.

    Applicants: Southern LNG Company, L.L.C.

    Description: § 4(d) Rate Filing: SLNG Electric Power Cost Adjustment—2018 to be effective 12/1/2018.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5018.

    Comments Due: 5 p.m. ET 11/6/18.

    Docket Numbers: RP19-120-000.

    Applicants: OkTex Pipeline Company, L.L.C.

    Description: Pre-Arranged/Pre-Agreed (Petition for Approval of Settlement) Filing, et al. of OkTex Pipeline Company, L.L.C. under RP19-120.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5191.

    Comments Due: 5 p.m. ET 11/5/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 25, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-23774 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AC19-9-000] Notice of Filing; Avista Corporation

    Take notice that on October 17, 2018, Avista Corporation filed a request approval for electric companies to use Account 439, authorized by the Financial Accounting Standards Board.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comments: 5:00 p.m. Eastern Time on November 16, 2018.

    Dated: October 25, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-23768 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 2391-048, 2425-054, 2509-048] Notice of Intent To File License Application, Filing of Pre-Application Document, Approving Use of the Traditional Licensing Process; PE Hydro Generation, LLC

    a. Type of Filing: Notice of Intent to File License Application and Request to Use the Traditional Licensing Process.

    b. Project Nos.: 2391-048, 2425-054, and 2509-048.

    c. Date Filed: August 31, 2018.

    d. Submitted by: PE Hydro Generation, LLC.

    e. Names and Locations of Projects: Warren Hydroelectric Project No. 2391, located on the Shenandoah River, in Warren County, Virginia. Luray and Newport Hydroelectric Project No. 2425, located on the South Fork of the Shenandoah River, in Page County, Virginia. Shenandoah Hydroelectric Project No. 2509, located on the South Fork of the Shenandoah River in Page and Rockingham Counties, Virginia.

    f. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.

    g. Potential Applicant Contact: Ms. Jody Smet, Cube Hydro Carolinas, 2 Bethesda Metro Center, Suite 1330, Bethesda, MD 20814; (804) 739-0654; email—[email protected]

    h. FERC Contact: Jody Callihan at (202) 502-8278; or email at [email protected]

    i. PE Hydro Generation, LLC filed its request to use the Traditional Licensing Process on August 31, 2018, and provided public notice of its request on September 13, 2018. In a letter dated October 25, 2018, the Director of the Division of Hydropower Licensing approved PE Hydro Generation, LLC's request to use the Traditional Licensing Process.

    j. With this notice, we are initiating informal consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act and implementing regulations at 50 CFR 600.920. We are also initiating consultation with the Virginia State Historic Preservation Officer, as required by section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2.

    k. With this notice, we are designating PE Hydro Generation, LLC as the Commission's non-federal representative for carrying out informal consultation pursuant to section 7 of the Endangered Species Act and section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act; and consultation pursuant to section 106 of the National Historic Preservation Act.

    l. PE Hydro Generation, LLC filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.

    m. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website (http://www.ferc.gov), using the eLibrary link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502- 8659 (TTY). A copy is also available for inspection and reproduction at the address in paragraph g.

    n. The licensee states its unequivocal intent to submit an application for new licenses for Project Nos. 2391, 2425, and 2509. Pursuant to 18 CFR 16.8, 16.9, and 16.10 each application for a new license and any competing license applications must be filed with the Commission at least 24 months prior to the expiration of the existing license. All applications for licenses for these projects must be filed by December 31, 2021.

    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    Dated: October 25, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-23771 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP19-110-000.

    Applicants: Sea Robin Pipeline Company, LLC.

    Description: § 4(d) Rate Filing: Sea Robin Housekeeping to be effective 11/23/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5063.

    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-111-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Negotiated Rate—Entergy 911521 to be effective 12/1/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5193.

    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-112-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: § 4(d) Rate Filing: Neg Rate 2018-10-23 CP, Encana to be effective 10/23/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5243.

    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-113-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 102318 Negotiated Rates—Mieco Inc. R-7080-06 to be effective 11/1/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5248.

    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-114-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 102318 Negotiated Rates—Mieco Inc. R-7080-05 to be effective 11/1/2018.

    Filed Date: 10/23/18.

    Accession Number: 20181023-5249.

    Comments Due: 5 p.m. ET 11/5/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 24, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-23759 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC19-9-000.

    Applicants: CPV Fairview, LLC, Russell City Energy Company, LLC, Caledonia Generating, LLC.

    Description: Notification of Change of GE Capital Global Holdings, LLC in October 11, 2018 Request for Authorization under Section 203 of the Federal Power Act.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5045.

    Comments Due: 5 p.m. ET 11/5/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER18-2328-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2018-10-24_Interconnection Agr 2nd Amendment to Update Pro Forma Language to be effective 3/15/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5129.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-181-000.

    Applicants: MidAmerican Energy Company.

    Description: § 205(d) Rate Filing: Remote LBA Gen. Interchange Agt. (Ivester Wind) to be effective 9/10/2018.

    Filed Date: 10/24/18.

    Accession Number: 20181024-5148.

    Comments Due: 5 p.m. ET 11/14/18.

    Docket Numbers: ER19-182-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2018-10-25_SA 3190 Alta Farms Wind-Ameren Illinois GIA (J474) to be effective 10/15/2018.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5042.

    Comments Due: 5 p.m. ET 11/15/18.

    Docket Numbers: ER19-183-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: Revised Standard LGIA (Montana) to Remove Appendix G pursuant to Order No. 827 to be effective 12/26/2018.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5058.

    Comments Due: 5 p.m. ET 11/15/18.

    Docket Numbers: ER19-184-000.

    Applicants: NorthWestern Corporation.

    Description: Notice of Cancellation of Service Agreement No. 247 of Northwestern Corporation.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5059.

    Comments Due: 5 p.m. ET 11/15/18.

    Docket Numbers: ER19-185-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: Revised LGIA (South Dakota) to remove Appendix G pursuant to Order No. 827 to be effective 12/26/2018.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5066.

    Comments Due: 5 p.m. ET 11/15/18.

    Docket Numbers: ER19-186-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2018-10-25_SA 3199 ATC-WPL EFCA (Northern Lights) to be effective 12/25/2018.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5071.

    Comments Due: 5 p.m. ET 11/15/18.

    Docket Numbers: ER19-187-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: 3rd Quarterly 2018 Revisions to OA, Sch. 12 and RAA, Sch. 17 Members Lists to be effective 9/30/2018.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5072.

    Comments Due: 5 p.m. ET 11/15/18.

    Docket Numbers: ER19-188-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2018-10-25 Transferred Frequency Response Agreement with Powerex Corp. to be effective 12/1/2018.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5076.

    Comments Due: 5 p.m. ET 11/15/18.

    Docket Numbers: ER19-189-000.

    Applicants: Gilroy Energy Center, LLC.

    Description: § 205(d) Rate Filing: Revised RMR Agreement Filing to be effective 1/1/2019.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5111.

    Comments Due: 5 p.m. ET 11/15/18.

    Docket Numbers: ER19-190-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2018-10-25 Transferred Frequency Response Agreement with City of Seattle to be effective 12/1/2018.

    Filed Date: 10/25/18.

    Accession Number: 20181025-5144.

    Comments Due: 5 p.m. ET 11/15/18.

    Take notice that the Commission received the following electric reliability filings:

    Docket Numbers: RD19-1-000.

    Applicants: North American Electric Reliability Corporation.

    Description: Filing of the North American Electric Reliability Corporation for revisions to the Implementation Plans for MOD-026-1 and MOD-027-1 Reliability Standards.

    Filed Date: 10/12/18.

    Accession Number: 20181012-5113.

    Comments Due: 5 p.m. ET 11/15/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 25, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-23741 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 14858-001 and 4093-035] Notice of Availability of Environmental Assessment; McMahan Hydroelectric, LLC

    In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380, the Office of Energy Projects has reviewed the application for the Bynum Hydroelectric Project, located on the Haw River, in Chatham County, North Carolina, and has prepared an Environmental Assessment (EA) for the project. The project would not occupy federal land.

    The EA contains the staff's analysis of the potential environmental impacts of the project and concludes that licensing the project, with appropriate environmental protective measures, would not constitute a major federal action that would significantly affect the quality of the human environment.

    A copy of the EA is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected], toll-free at (866) 208-3676, or (202) 502-8659 (TTY).

    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    Any comments should be filed within 30 days of the issuance date of the EA or by November 24, 2018.

    The Commission strongly encourages electronic filing. Please file comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support. In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket number P-14858-001.

    For further information, please contact Sean Murphy by telephone at (202) 502-6145 or by email at [email protected]

    Dated: October 25, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-23772 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC18-18-000] Commission Information Collection Activities (FERC-545 and FERC-549C); Consolidated Comment Request; Extension AGENCY:

    Federal Energy Regulatory Commission, Department of Energy.

    ACTION:

    Comment request.

    SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is submitting its information collections FERC-545 [Gas Pipeline Rates: Rate Change (Non-formal)] and FERC-549C (Standards for Business Practices of Interstate Natural Gas Pipelines) to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission previously issued a Notice in the Federal Register on August 16, 2018, requesting public comments. The Commission received no comments on either the FERC-545 or the FERC-549C and will make this notation in its submittals to OMB.

    DATES:

    Comments on the collections of information are due by November 30, 2018.

    ADDRESSES:

    Comments filed with OMB, identified by the OMB Control No. 1902-0154 (FERC-545) and 1902-0174 (FERC-549C), should be sent via email to the Office of Information and Regulatory Affairs: [email protected] Attention: Federal Energy Regulatory Commission Desk Officer. The Desk Officer may also be reached via telephone at 202-395-8528.

    A copy of the comments should also be sent to the Commission, in Docket No. IC18-18-000, by either of the following methods:

    eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.

    Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.

    Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

    Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Brown may be reached by email at [email protected], by telephone at (202) 502-8663, and by fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    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:

    1 Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For further explanation of what is included in the information collection burden, refer to 5 Code of Federal Regulations 1320.3.

    FERC-545—Gas Pipeline Rates: Rate Change (Non-Formal) Number of
  • respondents
  • Average
  • number of
  • responses per
  • respondent
  • Total
  • number of
  • responses
  • Average burden
  • hours and cost
  • ($)
  • (rounded)
  • per response 34
  • Total annual burden
  • hours and total
  • annual cost
  • ($)
  • (rounded)
  • Cost per
  • respondent
  • ($)
  • (rounded) 5
  • (1) (2) = (3) ÷ (1) 2 (3) (4) (3) * (4) = (5) (5) ÷ (1) Tariff Filings 124 2.597 322 211 hrs.; $24,054 67,942 hrs.; $7,745,388 $62,463 Rate Filings 17 1.412 24 354 hrs.; $40,356 8,496 hrs.; $968,544 56,973 Informational Reports 101 2.347 237 235 hrs.; $26,790 55,695 hrs.; $6,349,230 62,864 Negotiated Rates & Non-Conforming Agreement Filings 65 9.923 645 233 hrs.; $26,562 150,285 hrs.; $17,132,490 263,577 Market-Base Rates for Storage Filings 4 1 4 230 hrs.; $26,220 920 hrs.; $104,880 26,220 Total 1,232 283,338 hrs.; $32,300,532
    FERC-549C, Standards for Business Practices of Interstate Natural Gas Pipelines

    2 The average number of responses per respondent was calculated by dividing the total number of responses (Column 3) in each category by the number of respondents (Column 1).

    3 The estimated hourly cost (salary plus benefits) provided in this section is based on the salary figures (http://www.bls.gov/oes/current/naics2_22.htm) and benefits (http://www.bls.gov/news.release/ecec.nr0.htm) for May 2017 posted by the Bureau of Labor Statistics for the Utilities sector. The hourly estimates for salary plus benefits are:

    Computer and Mathematical (Occupation Code: 15-0000), $63.25.

    Economist (Occupation Code: 19-3011), $71.98.

    Legal (Occupation Code: 23-0000), $143.68.

    Accountants and Auditors: 13-2011), $56.59.

    The average hourly cost (salary plus benefits) is calculated weighting each of the aforementioned wage categories as follows: $63.25 (0.05) + $71.98 (0.3) + $143.68 (0.6) + $56.59 (0.05) = $113.79. The Commission rounds it to $114/hour.

    4 The average costs are rounded to the nearest dollar.

    5 The average costs per respondent are rounded to the nearest dollar.

    OMB Control No.: 1902-0174.

    Abstract: The business practice standards under FERC-549C are required to carry out the Commission's policies in accordance with the general authority in sections 4, 5, 7, 8, 10, 14, 16, and 20 of the Natural Gas Act (NGA), 6 and sections 311, 501, and 504 of the Natural Gas Policy Act of 1978 (NGPA). 7 The Commission adopted these business practice standards in order to update and standardize the natural gas industry's business practices and procedures in addition to improve the efficiency of the gas market and the means by which the gas industry conducts business across the interstate pipeline grid.

    6 15 U.S.C. 717c-717w.

    7 15 U.S.C. 3301-3432.

    In various orders since 1996, the Commission has adopted regulations to standardize the business practices and communication methodologies of interstate natural gas pipelines. These standards were proposed by the North American Energy Standards Board (NAESB 8 ) in order to create a more integrated and efficient pipeline industry.9 Generally, when and if NAESB-proposed standards (e.g. consensus standards developed by the Wholesale Gas Quadrant (WGQ)) are approved by the Commission, the Commission incorporates them by reference into its approval. The process of standardizing business practices in the natural gas industry began with a Commission initiative to standardize electronic communication of capacity release transactions. The outgrowth of the initial Commission standardization efforts produced working groups composed of all segments of the natural gas industry and, ultimately, the Gas Industry Standards Board (GISB), a consensus organization open to all members of the gas industry, was created. GISB was succeeded by NAESB.

    8 A standards organization accredited by the American National Standards Institute (ANSI).

    9 This series of orders began with the Commission's issuance of Standards for Business Practices of Interstate Natural Gas Pipelines, Order No. 587, FERC Stats. & Regs. 31,038 (1996).

    NAESB is a voluntary non-profit organization comprised of members from the retail and wholesale natural gas and electric industries. NAESB's mission is to take the lead in developing standards across these industries to simplify and expand electronic communication and to streamline business practices. NAESB's core objective is to facilitate a seamless North American marketplace for natural gas, as recognized by its customers, the business community, industry participants, and regulatory bodies.

    NAESB has divided its efforts among four quadrants including two retail quadrants, a wholesale electric quadrant, and the WGQ. The NAESB WGQ standards are a product of this effort. Industry participants seeking additional or amended standards (to include principles, definitions, standards, data elements, process descriptions, and technical implementation instructions) must submit a request to the NAESB office, detailing the change, so that the appropriate process may take place to amend the standards.

    Failure to collect the FERC-549C data would prevent the Commission from monitoring and properly evaluating pipeline transactions and/or meeting statutory obligations under both the NGA and NGPA.

    Type of Respondent: Natural gas pipelines under the jurisdictions of NGA and NGPA.

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

    FERC-549C: Standards for Business Practices of Interstate Natural Gas Pipelines Number of
  • respondents
  • Average
  • number of
  • responses per
  • respondent 10
  • Total
  • number of
  • responses
  • Average
  • burden
  • hrs. & cost
  • ($)
  • per response 11
  • Total annual burden
  • hours & total
  • annual cost
  • ($)
  • Cost per
  • respondent
  • (rounded)
  • ($)
  • (1) (2) = (3) ÷ (1) (3) (4) (3) * (4) = (5) (5) ÷ (1) Standards for Business Practices of Interstate Natural Gas Pipelines 165 2.97 490 96 hrs.; $8,928 47,040 hrs.; $4,374,720 $26,513

    Comments: Comments are invited on: (1) Whether either collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimates of the burden and costs of the collection of information, including the validity of the methodology and assumptions used on each collection; (3) ways to enhance the quality, utility and clarity of either information collection; and (4) ways to minimize the burden of either collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    10 The average number of responses per respondent were calculated by dividing the total number of responses (Column 3) in each category by the number of responses (Column 1).

    11 The estimated hourly cost (salary plus benefits) provided in this section is based on the salary figures (http://www.bls.gov/oes/current/naics2_22.htm) and benefits (http://www.bls.gov/news.release/ecec.nr0.htm) for May 2017 posted by the Bureau of Labor Statistics for the Utilities sector. The hourly estimates for salary plus benefits are:

    Petroleum Engineer (Occupation Code: 17-2171), $71.62

    Computer Systems Analyst (Occupation Code: 15-1121), $67.82

    Legal (Occupation Code: 23-0000), $143.68

    Economist (Occupation Code: 19-3011), $71.98

    The average hourly cost (salary plus benefits) is calculated weighting each of the aforementioned wage categories as follows: $71.62 (0.3) + $143.68 (0.3) + $67.82 (0.15) + $71.98 (0.25) = $92.76. The Commission rounds it to $93/hour.

    Dated: October 25, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-23770 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-170-000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Gateway Energy Storage, LLC

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

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

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is November 14, 2018.

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

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

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

    Dated: October 25, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-23749 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CD19-1-000] Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene; Haights Creek Irrigation Company

    On October 12, 2018, the Haights Creek Irrigation Company, filed a notice of intent to construct a qualifying conduit hydropower facility, pursuant to section 30 of the Federal Power Act (FPA), as amended by section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA). The proposed Haights Creek Micro-Hydropower Project would have a total installed capacity up to 24 kilowatts (kW), and would be located on the existing Haights Creek Irrigation Pipeline. The project would be located near the City of Kaysville in Davis County, Utah.

    Applicant Contact: Dan Robinson, Haights Creek Irrigation Company, 820 East 200 North, Kaysville, UT 84037, Phone No. (801) 546-4242, email: [email protected].

    FERC Contact: Robert Bell, Phone No. (202) 502-6062; Email: [email protected].

    Qualifying Conduit Hydropower Facility Description: The proposed project would consist of: (1) Up to six 4-kW turbine-generators connected to an existing irrigation pipeline with a total generating capacity of up to 24 kW, and (2) appurtenant facilities. The proposed project would have an estimated annual generation of up to 105.42 megawatt-hours.

    A qualifying conduit hydropower facility is one that is determined or deemed to meet all of the criteria shown in the table below.

    Table 1—Criteria for Qualifying Conduit Hydropower Facility   Statutory provision Description Satisfies
  • (Y/N)
  • FPA 30(a)(3)(A), as amended by HREA The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity Y FPA 30(a)(3)(C)(i), as amended by HREA The facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit Y FPA 30(a)(3)(C)(ii), as amended by HREA The facility has an installed capacity that does not exceed 5 megawatts Y FPA 30(a)(3)(C)(iii), as amended by HREA On or before August 9, 2013, the facility is not licensed, or exempted from the licensing requirements of Part I of the FPA Y

    Preliminary Determination: The proposed Haights Creek Micro-Hydropower Project will not interfere with the primary purpose of the conduit, which is to transport water for irrigation by filling an equalizing reservoir, which in turn provides pressure for an irrigation zone in their service area. Therefore, based upon the above criteria, Commission staff preliminarily determines that the proposal satisfies the requirements for a qualifying conduit hydropower facility, which is not required to be licensed or exempted from licensing.

    Comments and Motions to Intervene: Deadline for filing comments contesting whether the facility meets the qualifying criteria is 45 days from the issuance date of this notice.

    Deadline for filing motions to intervene is 30 days from the issuance date of this notice.

    Anyone may submit comments or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210 and 385.214. Any motions to intervene must be received on or before the specified deadline date for the particular proceeding.

    Filing and Service of Responsive Documents: All filings must (1) bear in all capital letters the COMMENTS CONTESTING QUALIFICATION FOR A CONDUIT HYDROPOWER FACILITY or MOTION TO INTERVENE, as applicable; (2) state in the heading the name of the applicant and the project number of the application to which the filing responds; (3) state the name, address, and telephone number of the person filing; and (4) otherwise comply with the requirements of sections 385.2001 through 385.2005 of the Commission's regulations.1 All comments contesting Commission staff's preliminary determination that the facility meets the qualifying criteria must set forth their evidentiary basis.

    1 18 CFR 385.2001-2005 (2018).

    The Commission strongly encourages electronic filing. Please file motions to intervene and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Locations of Notice of Intent: Copies of the notice of intent can be obtained directly from the applicant or such copies can be viewed and reproduced at the Commission in its Public Reference Room, Room 2A, 888 First Street NE, Washington, DC 20426. The filing may also be viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using the eLibrary link. Enter the docket number (i.e., CD19-1) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or email [email protected]. For TTY, call (202) 502-8659.

    Dated: October 25, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-23769 Filed 10-30-18; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0096; FRL-9984-04-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Iron and Steel Foundries Area Sources (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Iron and Steel Foundries Area Sources (EPA ICR Number 2267.05, OMB Control number 2060-0605), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested via the Federal Register on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0096 to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23757 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2004-0489; FRL-9984-88-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Air Emissions Reporting Requirements (AERR) (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Air Emissions Reporting Requirements (AERR) (EPA ICR No. 2170.07, OMB Control No. 2060-0580) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through December 31, 2018. Public comments were previously requested via the Federal Register on July 10, 2018, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OAR-2004-0489, to (1) EPA online using www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    The EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Marc Houyoux, Air Quality Assessment Division, Office of Air Quality Planning and Standards, (C339-02), Environmental Protection Agency, 109 TW Alexander Drive, RTP, NC 27711; telephone number: (919) 541-3649; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23745 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OARM-2018-0124; FRL-9983-16-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Contractor Cumulative Claim and Reconciliation (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Contractor Cumulative Claim and Reconciliation (EPA ICR No. 0246.13, OMB Control No. 2030-0016) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested via the Federal Register on April 25, 2018, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OARM-2018-0124, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Valentino, Policy, Training and Oversight Division, Office of Acquisition Management (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-4522; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23743 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2017-0201; FRL-9984-92-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Inorganic Arsenic Emissions From Primary Copper Smelters (Reinstatement) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Inorganic Arsenic Emissions from Primary Copper Smelters (EPA ICR No. 1089.05), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a request for approval of a reinstatement of a previously approved ICR. Public comments were previously requested, via the Federal Register, on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2017-0201, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23755 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0026; FRL-9985-57-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Metal Coil Surface Coating (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Metal Coil Surface Coating (EPA ICR No. 0660.13, OMB Control No. 2060-0107), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested, via the Federal Register, on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0026, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23753 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2013-0328; FRL-9985-40-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Vinyl Chloride (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Vinyl Chloride (EPA ICR No. 0186.14, OMB Control No. 2060-0071), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested, via the Federal Register, on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2013-0328, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23748 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0057; FRL-9985-58-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Wood Furniture Manufacturing Operations (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Wood Furniture Manufacturing Operations (EPA ICR No. 1716.10, OMB Control No. 2060-0324), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested via the Federal Register on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0057, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23756 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0040; FRL-9985-53-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Hot Mix Asphalt Facilities (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Hot Mix Asphalt Facilities (EPA ICR Number 1127.12, OMB Control Number 2060-0083), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested, via the Federal Register, on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0040, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23752 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0042; FRL-9985-01-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Lime Manufacturing (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Lime Manufacturing (EPA ICR No. 1167.12, OMB Control No. 2060-0063), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested, via the Federal Register, on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0042, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23746 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2017-0200; FRL-9984-86-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Rubber Tire Manufacturing (Reinstatement) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Rubber Tire Manufacturing (EPA ICR No. 1982.02), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Public comments were requested previously, via the Federal Register, on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2017-0200, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23754 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2018-0118; FRL-9985-42-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Servicing of Motor Vehicle Air Conditioners (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Servicing of Motor Vehicle Air Conditioners (EPA ICR No. 1617.09, OMB Control No. 2060-0247) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through December 31, 2018. Public comments were previously requested via the Federal Register on June 6, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2018-0118, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Christina Thompson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-0983; fax number: (202) 343-2362; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    4411 Automobile Dealers 4413 Automotive Parts, Accessories, and Tire Stores 44711 Gasoline Stations with Convenience Stores 8111 Automotive Repair and Maintenance 811198 All Other Automotive Repair and Maintenance Other affected groups include independent standards testing organizations and organizations with technician certification programs.

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23750 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P45
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-SFUND-2006-0361; FRL-9985-47-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Trade Secrets Claims for Community Right-to-Know and Emergency Planning (EPCRA Section 322) (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), Trade Secrets Claims for Community Right-to-Know and Emergency Planning (EPCRA Section 322) (EPA ICR Number 1428.11; OMB Control Number 2050-0078) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through December 31, 2018. Public comments were previously requested via the Federal Register on June 11, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-SFUND-2006-0361, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Wendy Hoffman, Office of Emergency Management, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-8794; fax number: (202) 564-2620; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23751 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0038; FRL-9985-38-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Inorganic Arsenic Emissions From Glass Manufacturing Plants (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR part 61, subpart N) (Renewal)” (EPA ICR No. 1081.12, OMB Control No. 2060-0043), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested, via the Federal Register (82 FR 29552), on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0038, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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 Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR part 61, subpart N) apply to each existing and new glass melting furnace that uses commercial arsenic as a raw material located at a glass manufacturing plant. These standards do not apply to pot furnaces; in addition, the standards do not consider re-bricking as construction or modification for the purposes of 40 CFR Section 61.05(a). 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 N.

    Form Numbers: None.

    Respondents/affected entities: Glass manufacturing plants.

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

    Estimated number of respondents: 16 (total).

    Frequency of response: Initially, occasionally and semiannually.

    Total estimated burden: 3,100 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $382,000 (per year), which includes $56,000 in annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: There is no change in labor hours or costs in this ICR compared to the previous ICR. This is due to two considerations: (1) The regulations have not changed over the past three years and are not anticipated to change over the next three years; and (2) the growth rate for the industry is very low or non-existent, so there is no significant change in the overall burden.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23747 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0037; FRL-9984-59-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Primary and Secondary Emissions From Basic Oxygen Furnaces (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Primary and Secondary Emissions from Basic Oxygen Furnaces (EPA ICR Number 1069.12, OMB Control Number 2060-0029), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested, via the Federal Register, on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before November 30, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number HQ-OECA-2014-0037, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    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 Primary Emissions from Basic Oxygen Process Furnaces (Subpart N) apply to each basic oxygen process furnace (BOPF) in an iron and steel plant that commenced construction, modification, or reconstruction after the date of proposal. These standards were merged with Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities (Subpart Na). Subpart Na is applicable to any top-blown BOPF, and hot metal transfer station or skimming stations used with bottom-blown or top-blown BOPF's for which construction, reconstruction, or modification commenced after January 20, 1983. 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, subparts N and Na.

    Form Numbers: None.

    Respondents/affected entities: Owners and operators of basic oxygen process furnaces at iron and steel plants.

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

    Estimated number of respondents: 18 (total).

    Frequency of response: Initially, occasionally, and semiannually.

    Total estimated burden: 6,280 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $690,000 (per year), which includes $29,700 in annualized capital and/or operation & maintenance costs.

    Changes in the Estimates: The increase in burden from the most recently approved ICR is due to an adjustment. Hours were added to approximate the time spent by each source each year to familiarize with the rule requirements, and the total hours were rounded to three significant digits, which resulted in a small increase in labor hours since the last renewal.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-23744 Filed 10-30-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION Deletion of Item From Sunshine Act Meeting October 22, 2018.

    The following item has been deleted from the list of items scheduled for consideration at the Tuesday, October 23, 2018, Open Meeting and previously listed in the Commission's Notice of October 16, 2018.

    3 WIRELESS TELE-COMMUNICATIONS AND PUBLIC SAFETY & HOMELAND SECURITY Title: Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz Band Between 809-817/854-862 MHz (WP Docket No. 15-32, RM-11572); Amendment of Part 90 of the Commission's Rules to Improve Access to Private Land Mobile Radio Spectrum (WP Docket No. 16-261); Land Mobile Communications Council Petition for Rulemaking Regarding Interim Eligibility for 800 MHz Expansion Band and Guard Band Frequencies (RM-11719); Petition for Rulemaking Regarding Conditional Licensing Authority Above 470 MHz (RM-11722). Summary: The Commission will consider a Report and Order and Order opening up new channels in the 800 MHz Private Land Mobile Radio (PLMR) band, eliminating outdated rules, and reducing administrative burdens on PLMR licensees. Federal Communications Commission. Marlene Dortch, Secretary.
    [FR Doc. 2018-23854 Filed 10-29-18; 11:15 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Submission for OMB Review; Comment Request (OMB No. 3064-0151) AGENCY:

    Federal Deposit Insurance Corporation (FDIC).

    ACTION:

    Notice and request for comment.

    SUMMARY:

    The FDIC, as part of its obligations under the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to take this opportunity to comment on the renewal of the existing information collection described below (3064-0151). On August 7, 2018, the FDIC requested comment for 60 days on a proposal to renew the information collection described below. No comments were received. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of this collection, and again invites comment on this renewal.

    DATES:

    Comments must be submitted on or before November 30, 2018.

    ADDRESSES:

    Interested parties are invited to submit written comments to the FDIC by any of the following methods:

    https://www.FDIC.gov/regulations/laws/federal.

    Email: [email protected] Include the name and number of the collection in the subject line of the message.

    Mail: Jennifer Jones (202-898-6768), Counsel, MB-3105, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429.

    Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m. All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503.
    FOR FURTHER INFORMATION CONTACT:

    Jennifer Jones, Counsel, 202-898-6768, [email protected], MB-3105, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429.

    SUPPLEMENTARY INFORMATION:

    On August 7, 2018, the FDIC requested comment for 60 days on a proposal to renew the information collection described below. No comments were received. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of this collection, and again invites comment on this renewal.

    Proposal to renew the following currently approved collection of information:

    1. Title: Notice Regarding Assessment Credits.

    OMB Number: 3064-0151.

    Form Number: None.

    Affected Public: FDIC-Insured Institutions.

    Burden Estimate:

    Summary of Annual Burden Type of
  • burden
  • Obligation to
  • respond
  • Estimated
  • number of
  • respondents
  • Estimated
  • frequency of
  • responses
  • Estimated
  • time per
  • response
  • Frequency of
  • response
  • Total annual
  • estimated
  • burden
  • (hours)
  • Notice Regarding Assessment Credits Reporting Required to Obtain or Retain Benefits 2 1 2 On Occasion 4 Total Hourly Burden 4

    General Description of Collection:

    Section 7(e)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1817(e)(3)), as amended by the Federal Deposit Insurance Reform Act of 2005, requires that the FDIC provide by regulation an initial, one-time assessment credit to each “eligible” insured depository institution (or its successor) based on the assessment base of the institution as of December 31, 1996, as compared to the combined aggregate assessment base of all eligible institutions as of that date, taking into account such other factors as the FDIC Board of Directors determines to be appropriate. The one-time credits must, with certain exceptions, be applied by the FDIC to the maximum extent allowed by law to the assessments imposed on such institution that become due for assessment periods beginning after the effective date of the one-time credit regulations until such time as the credit is exhausted. For assessments that become due for assessment periods beginning in fiscal years 2008, 2009, and 2010 the FDI Act provides that credits may not be applied to more than 90 percent of an institution's assessment.

    FDIC-insured institutions must notify the FDIC if their one-time assessment credit is transferred, e.g., through a sale of the credits or through a merger, so that the FDIC can accurately track such transfers, apply available credits appropriately against institutions' deposit insurance assessments, and determine an institution's 1996 assessment base if the transaction involved both the base and the credit amount. The need for credit transfer information will expire when the credit pool has been exhausted.

    There is no change in the method or substance of the collection and the burden remains unchanged from the previous Paperwork Reduction Act submission.

    Request for Comment

    Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the FDIC's functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collection, 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. All comments will become a matter of public record.

    Dated at Washington, DC, on October 29, 2018. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2018-23883 Filed 10-29-18; 4:15 pm] BILLING CODE 6714-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Patient Safety Organizations: Voluntary Relinquishment From Fides, LLC AGENCY:

    Agency for Healthcare Research and Quality (AHRQ), Department of Health and Human Services (HHS).

    ACTION:

    Notice of delisting.

    SUMMARY:

    The Patient Safety Rule authorizes AHRQ, on behalf of the Secretary of HHS, to list as a PSO an entity that attests that it meets the statutory and regulatory requirements for listing. A PSO can be “delisted” by the Secretary if it is found to no longer meet the requirements of the Patient Safety Act and Patient Safety Rule, when a PSO chooses to voluntarily relinquish its status as a PSO for any reason, or when a PSO's listing expires. AHRQ has accepted a notification of voluntary relinquishment from Fides, LLC, PSO number P0134, of its status as a PSO, and has delisted the PSO accordingly.

    DATES:

    The directories for both listed and delisted PSOs are ongoing and reviewed weekly by AHRQ. The delisting was effective at 12:00 Midnight ET (2400) on October 9, 2018.

    ADDRESSES:

    Both directories can be accessed electronically at the following HHS website: http://www.pso.ahrq.gov/listed.

    FOR FURTHER INFORMATION CONTACT:

    Eileen Hogan, Center for Quality Improvement and Patient Safety, AHRQ, 5600 Fishers Lane, Room 06N94B, Rockville, MD 20857; Telephone (toll free): (866) 403-3697; Telephone (local): (301) 427-1111; TTY (toll free): (866) 438-7231; TTY (local): (301) 427-1130; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    The Patient Safety and Quality Improvement Act of 2005, 42 U.S.C. 299b-21 to b-26, (Patient Safety Act) and the related Patient Safety and Quality Improvement Final Rule, 42 CFR part 3 (Patient Safety Rule), published in the Federal Register on November 21, 2008, 73 FR 70732-70814, establish a framework by which hospitals, doctors, and other health care providers may voluntarily report information to Patient Safety Organizations (PSOs), on a privileged and confidential basis, for the aggregation and analysis of patient safety events.

    The Patient Safety Act authorizes the listing of PSOs, which are entities or component organizations whose mission and primary activity are to conduct activities to improve patient safety and the quality of health care delivery.

    HHS issued the Patient Safety Rule to implement the Patient Safety Act. AHRQ administers the provisions of the Patient Safety Act and Patient Safety Rule relating to the listing and operation of PSOs. The Patient Safety Rule authorizes AHRQ to list as a PSO an entity that attests that it meets the statutory and regulatory requirements for listing. A PSO can be “delisted” if it is found to no longer meet the requirements of the Patient Safety Act and Patient Safety Rule, when a PSO chooses to voluntarily relinquish its status as a PSO for any reason, or when a PSO's listing expires. Section 3.108(d) of the Patient Safety Rule requires AHRQ to provide public notice when it removes an organization from the list of federally approved PSOs.

    AHRQ has accepted a notification from Fides, LLC, a component entity of Spectrum Medical Group, P.A., to voluntarily relinquish its status as a PSO. Accordingly, Fides, LLC, P0134, was delisted effective at 12:00 Midnight ET (2400) on October 9, 2018.

    Fides, LLC has patient safety work product (PSWP) in its possession. The PSO will meet the requirements of section 3.108(c)(2)(i) of the Patient Safety Rule regarding notification to providers that have reported to the PSO and of section 3.108(c)(2)(ii) regarding disposition of PSWP consistent with section 3.108(b)(3). According to section 3.108(b)(3) of the Patient Safety Rule, the PSO has 90 days from the effective date of delisting and revocation to complete the disposition of PSWP that is currently in the PSO's possession.

    More information on PSOs can be obtained through AHRQ's PSO website at http://www.pso.ahrq.gov.

    Francis D. Chesley, Jr., Acting Deputy Director.
    [FR Doc. 2018-23808 Filed 10-30-18; 8:45 am] BILLING CODE 4160-90-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [Docket No. CDC-2018-0101] Vessel Sanitation Program: Annual Program Status Meeting; Request for Comment AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice of public meeting and request for comment.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), announces the 2019 Vessel Sanitation Program (VSP) public meeting. This meeting serves as a forum for HHS/CDC to present clarifications to the 2018 VSP Operations Manual and Construction Guidelines and the proposed fee schedule for fiscal year 2020. HHS/CDC is also opening a public docket so that additional comments and materials may be submitted. The official record of this meeting will remain open through February 22, 2019, so that materials or additional comments related to the matters discussed at the meeting may be submitted and made part of the record.

    DATES:

    Written comments and all materials must be received on or before February 22, 2019.

    The meeting will be held from 9:00 a.m. to 4:00 p.m. on January 16, 2019, in the Ballroom at the DoubleTree Grand Hotel Biscayne Bay, 1717 North Bayshore Drive, Miami, FL 33132. Information regarding logistics is available on the VSP website (www.cdc.gov/nceh/vsp).

    Deadline for Requests for Special Accommodations: Persons wishing to participate in the public meeting who need special accommodations should contact Commander Aimee Treffiletti ([email protected] or 954-356-6650 or 770-488-3141) by Monday, January 14, 2019.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2018-0101, by any of the following methods:

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

    Mail: Vessel Sanitation Program, National Center for Environmental Health, Centers for Disease Control and Prevention, 4770 Buford Highway NE, MS F-58, Atlanta, Georgia 30341.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to www.regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Commander Aimee Treffiletti, Vessel Sanitation Program, National Center for Environmental Health, Centers for Disease Control and Prevention, 4770 Buford Highway NE, MS F-58, Atlanta, Georgia 30341; phone: 954-356-6650 or 770-488-3141; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to present VSP's clarifications to the 2018 Operations Manual and Construction Guidelines and the proposed fee schedule for fiscal year 2020.

    The 2018 Operations Manual and Construction Guidelines went into effect on June 1, 2018. Since that time, small errors and the need for clarifications to some sections have been identified.

    VSP issues a fee schedule annually and will propose changing the current fee schedule to include an additional size category for the largest cruise ships. Changes to the fee schedule are expected to take effect in fiscal year 2020.

    Matters to be Discussed:

    • Clarifications to the VSP 2018 Operations Manual and Construction Guidelines.

    • Proposed fee schedule for fiscal year 2020.

    Meeting Accessibility: The meeting is open to the public, but space is limited to approximately 70 people. Advanced registration is required. Information regarding logistics is available on the VSP website (www.cdc.gov/nceh/vsp). Attendees at the annual meeting normally include cruise ship industry officials, private sanitation consultants, and other interested parties.

    Dated: October 17, 2018. Sandra Cashman, Executive Secretary, Centers for Disease Control and Prevention.
    [FR Doc. 2018-23715 Filed 10-30-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Privacy Act of 1974; Matching Program AGENCY:

    Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS).

    ACTION:

    Notice of a new matching program.

    SUMMARY:

    In accordance with the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) is providing notice of a new matching program between CMS and the Department of Defense (DoD), “Verification of Eligibility for Minimum Essential Coverage Under the Patient Protection and Affordable Care Act Through a Department of Defense Health Benefits Plan.”

    DATES:

    The deadline for comments on this notice is November 30, 2018. The re-established matching program will commence not sooner than 30 days after publication of this notice, provided no comments are received that warrant a change to this notice. The matching program will be conducted for an initial term of 18 months (from approximately December 2018 to June 2020) and within 3 months of expiration may be renewed for one additional year if the parties make no change to the matching program and certify that the program has been conducted in compliance with the matching agreement.

    ADDRESSES:

    Interested parties may submit written comments on this notice, by mail or email, to the CMS Privacy Officer, Division of Security, Privacy Policy & Governance, Information Security & Privacy Group, Office of Information Technology, Centers for Medicare & Medicaid Services, Location: N1-14-56, 7500 Security Blvd., Baltimore, MD 21244-1850, [email protected]

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about the matching program, you may contact Jack Lavelle, Senior Advisor, Marketplace Eligibility and Enrollment Group, Centers for Consumer Information and Insurance Oversight, CMS, at (410) 786-0639, or by email at [email protected], or by mail at 7501 Wisconsin Ave., Bethesda, MD 20814.

    SUPPLEMENTARY INFORMATION:

    The Privacy Act of 1974, as amended (5 U.S.C. 552a) provides certain protections for individuals applying for and receiving federal benefits. The law governs the use of computer matching by federal agencies when records in a system of records (meaning, federal agency records about individuals retrieved by name or other personal identifier) are matched with records of other federal or non-federal agencies. The Privacy Act requires agencies involved in a matching program to:

    1. Enter into a written agreement, which must be prepared in accordance with the Privacy Act, approved by the Data Integrity Board of each source and recipient federal agency, provided to Congress and the Office of Management and Budget (OMB), and made available to the public, as required by 5 U.S.C. 552a(o), (u)(3)(A), and (u)(4).

    2. Notify the individuals whose information will be used in the matching program that the information they provide is subject to verification through matching, as required by 5 U.S.C. 552a(o)(1)(D).

    3. Verify match findings before suspending, terminating, reducing, or making a final denial of an individual's benefits or payments or taking other adverse action against the individual, as required by 5 U.S.C. 552a(p).

    4. Report the matching program to Congress and the OMB, in advance and annually, as required by 5 U.S.C. 552a(o) (2)(A)(i), (r), and (u)(3)(D).

    5. Publish advance notice of the matching program in the Federal Register as required by 5 U.S.C. 552a(e)(12).

    This matching program meets these requirements.

    Barbara Demopulos, CMS Privacy Advisor, Division of Security, Privacy Policy and Governance Information Security and Privacy Group, Office of Information Technology, Centers for Medicare & Medicaid Services. Participating Agencies

    Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) is the recipient agency, and the Department of Defense (DoD), Defense Manpower Data Center (DMDC) is the source agency.

    Authority for Conducting the Matching Program

    The matching program is authorized under 42 U.S.C. 18001, et seq.

    Purpose(s)

    The purpose of the matching program is to provide CMS with DoD data verifying individuals' eligibility for coverage under a DoD health benefits plan (i.e., TRICARE), when requested by CMS and state-based administering entities (AE) for the purpose of determining the individuals' eligibility for insurance affordability programs under the Affordable Care Act (ACA). CMS and the requesting AE will use the DoD data to determine whether an enrollee in private health coverage under a qualified health plan through a federally-facilitated or state-based health insurance exchange is eligible for coverage under TRICARE, and the dates the individual was eligible for TRICARE coverage. DoD health benefit plans provide minimum essential coverage (MEC), and eligibility for such plans usually precludes eligibility for financial assistance in paying for private coverage. CMS and AE will use the DoD data to authenticate identity, determine eligibility for financial assistance (including an advance tax credit and cost-sharing reduction, which are types of insurance affordability programs), and determine the amount of the financial assistance.

    Categories of Individuals

    The categories of individuals whose information is involved in the matching program are active duty service members and their family members and retirees and their family members whose TRICARE eligibility records at DoD match data provided to DoD by CMS (submitted by AEs) about individual consumers who are applying for or are enrolled in private health insurance coverage under a qualified health plan through a federally-facilitated or state-based health insurance exchange.

    Categories of Records

    The categories of records used in the matching program are identity records and minimum essential coverage period records. The data elements are as follows:

    A. From CMS to DoD

    For each applicant or enrollee seeking an eligibility determination, CMS will submit a request file to DoD that may contain, but is not limited to, the following specified data elements in a fixed record format: Transaction ID, social security number (SSN), first name, middle name, surname, date of birth, gender, requested qualified health plan (QHP) coverage effective date, requested QHP coverage end date.

    B. From DoD to CMS

    For each applicant or enrollee seeking an eligibility determination, DoD will provide CMS with data indicating whether or not the individual is eligible for MEC through TRICARE during the applicable QHP coverage period. The data may contain, but is not limited to, the following specified data elements in a fixed record format: Insurance end date, person SSN identification, response code, response code text.

    System(s) of Records

    The records used in this matching program are disclosed from the following systems of records, as authorized by routine uses published in the System of Records Notices (SORNs) cited below:

    A. CMS System of Records

    □ MCMS Health Insurance Exchanges System (HIX), CMS System No. 09-70-0560, last published in full at 78 FR 63211 (Oct. 23, 2013), as amended at 83 FR 6591 (Feb. 14, 2018).

    B. DoD Systems of Records

    □ SDMDC 02 DoD, Defense Enrollment Eligibility Reporting Systems (DEERS), 80 FR 68304 (Nov. 4, 2015), as amended at 81 FR 49210 (July 27, 2016).

    [FR Doc. 2018-23780 Filed 10-30-18; 8:45 am] BILLING CODE 4120-03-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [[Docket No. FDA-2018-N-3844] Science Advisory Board to the National Center for Toxicological Research Advisory Committee; Notice of Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) announces a forthcoming public advisory committee meeting of the Science Advisory Board (SAB) to the National Center for Toxicological Research (NCTR). The general function of the committee is to provide advice and recommendations to the Agency on research being conducted at the NCTR. At least one portion of the meeting will be closed to the public.

    DATES:

    The meeting will be held on December 4, 2018, from 8:00 a.m. to 5:45 p.m., and on December 5, 2018, from 8:00 a.m. to 11:30 a.m.

    ADDRESSES:

    Heifer Village, 1 World Avenue, Little Rock, AR 72202. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

    FOR FURTHER INFORMATION CONTACT:

    Donna Mendrick, National Center for Toxicological Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 2208, Silver Spring, MD 20993-0002, 301-796-8892; or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the Federal Register about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.

    SUPPLEMENTARY INFORMATION:

    Agenda: On December 4, 2018, the SAB Chairperson will welcome the participants, and the NCTR Director will provide a center-wide update on scientific initiatives and accomplishments during the past year. The SAB will be presented with an overview of the SAB Subcommittee Site Visit report and a response to this review. There will be updates from the NCTR research divisions and a public comment session.

    On December 5, 2018, there will be a statement given by the FDA Chief Scientist. The Center for Biologics and Evaluation and Research, Center for Drug Evaluation and Research, Center for Devices and Radiological Health, Center for Food Safety and Applied Nutrition, and the Center for Tobacco Products will each briefly discuss their center-specific research strategic needs and potential areas of collaboration.

    Following an open discussion of all the information presented, the open session of the meeting will close so the SAB members can discuss personnel issues at NCTR at the end of each day.

    FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its website prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's website after the meeting. Background material is available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting link.

    Procedure: On December 4, 2018, from 8:00 a.m. to 5:45 p.m., and December 5, 2018, from 8:00 a.m. to 11:30 a.m., the meeting is open to the public. Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before November 27, 2018. Oral presentations from the public will be scheduled between approximately 1:15 p.m. and 2:15 p.m. on December 4, 2018. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before November 19, 2018. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by November 19, 2018.

    Closed Committee Deliberations: On December 4, 2018, from 5:45 p.m. to 6:00 p.m., and December 5, 2018, from 11:30 a.m. to 12:00 p.m., the meeting will be closed to permit discussion where disclosure would constitute a clearly unwarranted invasion of personal privacy (5 U.S.C. 552b(c)(6)). This portion of the meeting will be closed to permit discussion of information concerning individuals associated with the research programs at NCTR.

    Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.

    FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with disabilities. If you require accommodations due to a disability, please contact Donna Mendrick at least 7 days in advance of the meeting.

    FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures on public conduct during advisory committee meetings.

    Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).

    Dated: October 25, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-23742 Filed 10-30-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: OS-0990-0313] Agency Information Collection Request: 30-Day Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment.

    DATES:

    Comments on the ICR must be received on or before November 30, 2018.

    ADDRESSES:

    Submit your comments to [email protected] or via facsimile to (202) 395-5806.

    FOR FURTHER INFORMATION CONTACT:

    Sherrette Funn, [email protected] or (202) 795-7714. When submitting comments or requesting information, please include the document identifier 0990-0313-30D and project title for reference.

    SUPPLEMENTARY INFORMATION:

    Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Title of the Collection: The Nation Blood Collection & Utilization Survey (NBCUS).

    Type of Collection: Extension on a previously approved collection.

    OMB No. 0990-0313- Office of the Assistant Secretary for Health—Office of HIV/AIDS and Infectious Disease Policy (OHAIDP).

    Abstract: Length of request: 3 years. The Nation Blood Collection & Utilization Survey (NBCUS) is a biennial survey of the blood collection and utilization community to produce reliable and accurate estimates of national and regional collections, utilization and safety of all blood products. The 2019 NBCUS is funded by Department of Health and Human Services (DHHS/OASH) and performed by the Centers for Disease Control and Prevention (CDC). In previous years, a similar survey was performed under the auspices of the National Blood Data Resource Center (NBDRC), a private subsidiary of AABB (formerly known as the American Association of Blood Banks), with private funding. In 2005, 2007, 2009, and 2011 the survey was funded by HHS/OS/OASH and performed under contract by AABB. The CDC has since performed the 2013, 2015, and 2017 iterations of the NBCUS.

    Type of respondent: U.S. Blood Collection Centers (number sampled: 70), U.S. Hospital Blood Banks (number sampled: 2850); frequency: biennial; and the affected public: private businesses.

    Estimated Annualized Burden Table Type of respondent Number of
  • respondents
  • Number
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    Hospital Blood Banks 2850 1 2 5700 Blood Collection Centers 70 1 2 140 Total 2920 5840
    Terry Clark, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer.
    [FR Doc. 2018-23777 Filed 10-30-18; 8:45 am] BILLING CODE 4150-41-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Minority Health and Health Disparities; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Minority Health and Health Disparities Special Emphasis Panel; Innovations for Health Living—Improving Minority Health and Eliminating Health Disparities.

    Date: December 4, 2018.

    Time: 9:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Minority Health and Health Disparities, 7201 Wisconsin Ave., Suite 525, Rm. 533K, Bethesda, MD 20814 (Telephone Conference Call).

    Contact Person: Xinli Nan, Ph.D., Scientific Review Officer, National Institute on Minority Health and Health Disparities, National Institutes of Health, Scientific Review Branch, OERA, 7201 Wisconsin Ave., Suite 525, Bethesda, MD 20814, (301) 594-7784, [email protected]

    Name of Committee: National Institute on Minority Health and Health Disparities Special Emphasis Panel; RCMI Research Coordinating Network (RRCN) (U54).

    Date: December 12, 2018.

    Time: 12:00 p.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Gateway Building, 7201 Wisconsin Ave, Suite 533, Bethesda, MD 20814 (Virtual Meeting).

    Contact Person: Maryline Laude-Sharp, Ph.D., Scientific Review Officer, National Institute on Minority Health and Health Disparities, National Institutes of Health, 7201 Wisconsin Ave., Bethesda, MD 20814, (301) 451-9536, [email protected]

    Name of Committee: National Institute on Minority Health and Health Disparities Special Emphasis Panel; Special Emphasis Panel for Review of Research Conference (R13) Grant Applications.

    Date: December 10, 2018.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Gateway Plaza, 7201 Wisconsin Avenue, Bethesda, MD 20817.

    Contact Person: Deborah Ismond, Ph.D., Scientific Review Officer, Division of Scientific Programs, National Institute on Minority Health and Health Disparities, Gateway Plaza, 7201 Wisconsin Avenue, Bethesda, MD 20817, (301) 594-2704, [email protected]

    Dated: October 25, 2018. David D. Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-23738 Filed 10-30-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; High-End (PAR 18-598) and Shared (PAR 18-600) Instrumentation Grant Programs: Electron Microscopes and Ancillary Equipment.

    Date: November 19-20, 2018.

    Time: 11:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: David Balasundaram, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5189, MSC 7840, Bethesda, MD 20892, 301-435-1022, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Cardiovascular Sciences.

    Date: November 28-29, 2018.

    Time: 12:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Chee Lim, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4128, Bethesda, MD 20892, 301-435-1850, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: October 25, 2018. David D. Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-23740 Filed 10-30-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Nursing Research; Notice To Close Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Nursing Research Special Emphasis Panel; Lasker Clinical Research Scholars Program.

    Date: November 5, 2018.

    Time: 11:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, One Democracy Boulevard, 6701 Democracy Boulevard, Suite 703, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Weiqun Li, MD, Scientific Review Officer, National Institute of Nursing Research, National Institutes of Health, 6701 Democracy Boulevard, Suite 710, Bethesda, MD 20892, (301) 594-5966, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.361, Nursing Research, National Institutes of Health, HHS)
    Dated: October 25, 2018. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-23737 Filed 10-30-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; NIDDK Exploratory Clinical Trial SBIR Applications.

    Date: November 14, 2018.

    Time: 12:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Thomas A. Tatham, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7021, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 594-3993, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Collaborative Clinical Research in Type 1 Diabetes: Living Biobank (R01).

    Date: November 30, 2018.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Ann A. Jerkins, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7119, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, 301-594-2242, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
    Dated: October 25, 2018. David D. Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-23739 Filed 10-30-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-0793] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0108 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an extension of its approval for the following collection of information: 1625-0108, Standard Numbering System for Undocumented Vessels; without change. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before December 31, 2018.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2018-0793] to the Coast Guard using the Federal eRulemaking Portal at https://www.regulations.gov. See the “Public participation and request for comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    A copy of the ICR is available through the docket on the internet at https://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION:

    Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise this ICR or decide not to seek an extension of approval for the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2018-0793], and must be received by December 31, 2018.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at https://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to https://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Information Collection Request

    TITLE: Standard Numbering System for Undocumented Vessels.

    OMB CONTROL NUMBER: 1625-0108.

    SUMMARY: The Standard Numbering System collects information on undocumented vessels and vessel owners operating on waters subject to the jurisdiction of the United States. Federal, State, and local law enforcement agencies use information from the system for enforcement of boating laws or theft and fraud investigations. Since the September 11, 2001 terrorist attacks on the United States, the need has increased for identification of undocumented vessels to meet port security and other missions to safeguard the homeland.

    NEED: Subsection 12301(a) of Title 46, United States Code, requires undocumented vessels equipped with propulsion machinery of any kind to be numbered in State where the vessel is principally operated. In 46 U.S.C. 12302(a), Congress authorized the Secretary to prescribe, by regulation, a Standard Numbering System (SNS). The Secretary shall approve a State numbering system if that system is consistent with the SNS. The Secretary has delegated his authority under 46 U.S.C. 12301 and 12302 to Commandant of the U.S. Coast Guard. DHS Delegation No. 0170.1. The regulations requiring the numbering of undocumented vessels are in 33 CFR part 173, and regulations establishing the SNS for States to voluntarily carry out this function are contained in 33 CFR part 174.

    In States that do not have an approved system, the Federal Government (U.S. Coast Guard) must administer the vessel numbering system. Currently, all 56 States and Territories have approved numbering systems. The approximate number of undocumented vessels registered by the States in 2017 was nearly 12 million.

    The SNS collects information on undocumented vessels and vessel owners. States submit reports annually to the Coast Guard on the number, size, construction, etc., of vessels they have numbered. That information is used by the Coast Guard in (1) publication of an annual “Boating Statistics” report required by 46 U.S.C. 6102(b), and (2) for allocation of Federal funds to assist States in carrying out the Recreational Boating Safety (RBS) Program established by 46 U.S.C. chapter 131.

    On a daily basis or as warranted, Federal, State, and local law enforcement personnel use SNS information from the States' numbering systems for enforcement of boating laws or theft and fraud investigations. In addition, when encountering a vessel suspected of illegal activity, information from the SNS increases officer safety by assisting boarding officers in determining how best to approach a vessel. Since, the September 11, 2001 terrorist attacks on the United States, the need has increased for identification of undocumented vessels and their owners for port security and other missions to safeguard the homeland, although the statutory requirement for numbering of vessels dates back to 1918.

    FORMS: None.

    RESPONDENTS: Owners of all undocumented vessels propelled by machinery are required by Federal law to apply for a number from the issuing authority of the State in which the vessel is to be principally operated. In addition, States may require other vessels, such as sailboats or even canoes and kayaks, to be numbered. “Owners” may include individuals or households, non-profit organizations, and small businesses (e.g., liveries that offer recreational vessels for rental by the public) or other for-profit organizations.

    FREQUENCY: On occasion.

    HOUR BURDEN ESTIMATE: The estimated burden has decreased from 257,896 hours to 256,472 hours a year due to a decrease in the estimated annual number of respondents.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: October 25, 2018. James D. Roppel, Acting Chief, U.S. Coast Guard, Office of Information Management.
    [FR Doc. 2018-23711 Filed 10-30-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2005-21866] Intent To Request Extension From OMB of One Current Public Collection of Information: Enhanced Security Procedures at Ronald Reagan Washington National Airport AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0035, abstracted below that we will submit to OMB for an extension in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection requires General Aviation (GA) aircraft operators who wish to fly into and out of Ronald Reagan Washington National Airport (DCA) to designate a security coordinator and adopt a DCA Access Standard Security Program (DASSP). The collection also involves obtaining information for Armed Security Officers (ASOs).

    DATES:

    Send your comments by December 31, 2018.

    ADDRESSES:

    Comments may be emailed to [email protected] or delivered to the TSA PRA Officer, Information Technology (IT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011.

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh at the above address, or by telephone (571) 227-2062.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at http://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

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

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Consistent with the requirements of Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, and E.O. 13777, Enforcing the Regulatory Reform Agenda, TSA is also requesting comments on the extent to which this request for information could be modified to reduce the burden on respondents.

    Information Collection Requirement

    OMB Control Number 1652-0035; Enhanced Security Procedures at Ronald Reagan Washington National Airport (DCA). Each person who wishes to operate an aircraft into and out of DCA must designate a security coordinator and adopt the DASSP. See 49 CFR 1562.21 and 1562.23. Once aircraft operators have adopted the DASSP, the operators must request a tentative slot reservation from the Federal Aviation Administration (FAA) and request authorization from TSA to fly into or out of DCA. This information is collected under OMB control number 1652-0033 TSA Airspace Waiver Program. If TSA approves the flight, TSA will transmit that information to FAA.

    Applicant Collection for DCA Access Standard Security Program

    The DASSP application collects basic information about the applicant, the aircraft operator, and the security coordinator that the operator wishes to designate, as well as the identifier of the airport used as a base of operation and whether the operator presently complies with a TSA Standard Security Program.

    TSA also requires the following individuals to submit fingerprints for a criminal history records check (CHRC) and other identifying information for a name-based security threat assessment: Individuals designated as security coordinators by Fixed Base Operators (FBOs) under 49 CFR 1562.25 1 and GA aircraft operators under 1562.23; flight crewmembers who operate GA aircraft into and out of DCA in accordance with 49 CFR 1562.23 and DASSP; and ASOs approved in accordance with 49 CFR part 1562.29. For flight crewmembers, TSA also uses this information to check their FAA records to determine whether they have a record of violation of specified FAA regulations. As part of the threat assessment process, TSA shares the information with the Federal Bureau of Investigation (FBI) and the FAA.

    1 An FBO is an airport-based commercial enterprise that provides support services to aircraft operators, such as maintenance, overnight parking, fueling and de-icing.

    Aircraft operators must also maintain CHRC records of all employees and authorized representatives for whom a CHRC has been completed. These records must be made available to TSA upon request.

    Applicant Collection for the Armed Security Officer Program

    Under the Armed Security Officers Program, established by 49 CFR 1562.29, aircraft operators and FBOs participating in this program can nominate the individuals they would like to be qualified as ASOs by submitting an ASO nomination form to TSA. Once nominated, the ASOs are required to submit fingerprints and identifying information, personal history information, a photograph, and weapon information before an ASO application can be approved. TSA uses the applicants' information to conduct a complete application vetting to include fingerprint-based CHRC and security threat assessment, including employment history verification check of all prior law enforcement positions. Upon successful completion of these checks and law enforcement employment history review, TSA makes the final determination of ASO applicant eligibility. All qualified applicants must then successfully complete a TSA-approved training course.

    TSA estimates a total of 76 respondents annually for DASSP applications, with an annual hour burden estimate of 76. TSA adjusted the 2016 ICR submission respondent numbers to reflect a burden based on aircraft operators only. In addition, TSA estimates 84 respondents annually for ASO nominations, with an annual hour burden of 98. The total number of respondents is estimated to be 160, the annual burden hours is estimated to be 174 hours per year.

    Dated: October 25, 2018. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Information Technology.
    [FR Doc. 2018-23813 Filed 10-30-18; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2004-19147] Extension of Agency Information Collection Activity Under OMB Review: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    30-Day notice.

    SUMMARY:

    This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0021, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the submission of identifying information for background checks for all aliens and other designated individuals seeking flight instruction (“candidates”) from Federal Aviation Administration (FAA)-certificated flight training providers. Through the information collected, TSA will determine whether a candidate is a threat to aviation or national security, and thus prohibited from receiving flight training. Additionally, flight training providers are required to conduct a security awareness program for their employees and contract employees and to maintain records associated with this training.

    DATES:

    Send your comments by November 30, 2018. A comment to OMB is most effective if OMB receives it within 30 days of publication.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, OMB. Comments should be addressed to Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh, TSA PRA Officer, Information Technology (IT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011; telephone (571) 227-2062; email [email protected]

    SUPPLEMENTARY INFORMATION:

    TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on July 6, 2018, 83 FR 31561.

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at http://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

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

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Consistent with the requirements of Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, and E.O. 13777, Enforcing the Regulatory Reform Agenda, TSA is also requesting comments on the extent to which this request for information could be modified to reduce the burden on respondents.

    Information Collection Requirement

    Title: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees.

    Type of Request: Extension of a currently approved collection.

    OMB Control Number: 1652-0021.

    Forms(s): N/A.

    Affected Public: Aliens and other designated individuals seeking flight instruction from FAA-certificated flight training providers; flight training providers required to conduct security awareness training and their employees.

    Abstract: This information collection relates to regulations issued by TSA for flight schools. The collection, under 49 CFR part 1552, subpart A, relates to the security threat assessments (STAs) that TSA requires to determine whether candidates are a threat to aviation or national security, and thus prohibited from receiving flight training. This collection of information requires FAA-certificated flight training providers to provide TSA with the information necessary to conduct the STAs. The collection, under 49 CFR part 1552, subpart B, relates to security awareness training for flight school employees and contract employees, which includes maintaining records of all such training.

    Number of Respondents: 53,900.

    Estimated Annual Burden Hours: An estimated 50,667 hours annually.

    Estimated Annual Cost Burden: $14,189,000.

    Dated: October 25, 2018. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Information Technology.
    [FR Doc. 2018-23815 Filed 10-30-18; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration New Agency Information Collection Activity Under OMB Review: Law Enforcement Officers Safety Act and Retired Badge/Credential AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    30-day Notice.

    SUMMARY:

    This notice announces that the Transportation Security Administration (TSA) has forwarded the new Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the submission of information from former employees who are interested in a Law Enforcement Officers Safety Act (LEOSA) Identification (ID) Card, a retired badge, and/or a retired credential.

    DATES:

    Send your comments by November 30, 2018. A comment to OMB is most effective if OMB receives it within 30 days of publication.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, OMB. Comments should be addressed to Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh, TSA PRA Officer, Information Technology (IT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011; telephone (571) 227-2062; email [email protected]

    SUPPLEMENTARY INFORMATION:

    TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on May 30, 2018, 83 FR 24814.

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at http://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

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

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Consistent with the requirements of Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, and E.O. 13777, Enforcing the Regulatory Reform Agenda, TSA is also requesting comments on the extent to which this request for information could be modified to reduce the burden on respondents.

    Information Collection Requirement

    Title: Law Enforcement Officers Safety Act and Retired Badge/Credential.

    Type of Request: New collection.

    OMB Control Number: 1652-XXXX.

    Forms: TSA Form 2825A; TSA Form 2808.

    Affected Public: Former TSA employees.

    Abstract: TSA Management Directive (MD) 3500.1, LEOSA Applicability and Eligibility (June 5, 2018), implements the LEOSA 1 statute, DHS Directive 257-01 Law Enforcement Officers Safety Act (Dec. 22, 2017) and DHS Instruction Number 257-01-001, The Law Enforcement Officers Safety Act Instruction (Jan. 18, 2018). Under this MD, TSA issues photographic identification to retired LEOs who separated or retired from TSA in “good standing” and meet other qualification requirements identified in this MD.

    1 “Qualified retired law enforcement officer” may carry a concealed firearm in any jurisdiction in the United States, regardless of State or local laws, with certain limitations and conditions. See Pub. L. 108-277 (118 Stat. 865, July 22, 2004), codified in 18 U.S.C. 926B and 926C, as amended by the Law Enforcement Officers Safety Act Improvements Act of 2010 (Pub. L. 111-272, 124 Stat. 2855, Oct. 12, 2010) and National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239, 126 Stat. 1970, Jan. 2, 2013).

    Under TSA MD 2800.11, Badge and Credential Program (Jan. 27, 2014), an employee retiring from Federal service is eligible to receive a “retired badge and/or credential” if the individual: (1) Was issued a badge and/or credential, (2) qualifies for a Federal annuity under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), and (3) meets all of the other qualification requirements under the MD.2

    2 These instructions are included in DHS Instruction: 121-01-002 (Issuance and Control of DHS Badges); DHS Instruction 121-01-008 (Issuance and Control of the DHS Credentials); and the associated Handbook for TSA MD 2800.11.

    Under TSA's current application process for these two programs, qualified applicants may apply for a LEOSA ID Card, a Retired Badge, and/or a Retired Credential, as applicable, either while still employed by the Federal Government (shortly before separating or retiring from the position for which they held their badge and/or credential) or after they have separated or retired (after they become private citizens, i.e., are no longer employed by the Federal Government).

    The LEOSA Identification Card Application (TSA Form 2825A) requires collection of identifying information, contact information, official title, separation date, and last known field office. Similarly, TSA Form 2808-R, Retired Badge and/or Retired Credential Application,3 requires collection of identifying information, contact information, TSA employment/position information (TSA component or Government agency), official title, and entry on duty date.

    3 Since the publication of the 60-day notice, the form title of TSA Form 2808, Personal Identify Verification (PIV) Card, Badge, Credential or Access Control Application, has been updated to TSA Form 2808-R, Retired Badge and/or Retired Credential Application.

    Number of Respondents: 62.

    Estimated Annual Burden Hours: An estimated 5.17 hours annually.

    Dated: October 25, 2018. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Information Technology.
    [FR Doc. 2018-23818 Filed 10-30-18; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Extension of Agency Information Collection Activity Under OMB Review: Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    30-Day notice.

    SUMMARY:

    This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0044, abstracted below to OMB for review and approval of a extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the submission of identifying and travel experience information by individuals requesting redress through the Department of Homeland Security (DHS) Traveler Redress Inquiry Program. The collection also involves two voluntary customer satisfaction surveys to identify areas for program improvement.

    DATES:

    Send your comments by November 30, 2018. A comment to OMB is most effective if OMB receives it within 30 days of publication.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, OMB. Comments should be addressed to Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh, TSA PRA Officer, Information Technology (IT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011; telephone (571) 227-2062; email [email protected]

    SUPPLEMENTARY INFORMATION:

    TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on July 6, 2018, 83 FR 31559.

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at http://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to:

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

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

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Consistent with the requirements of Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, and E.O. 13777, Enforcing the Regulatory Reform Agenda, TSA is also requesting comments on the extent to which this request for information could be modified to reduce the burden on respondents.

    Information Collection Requirement

    Title: Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP).

    Type of Request: Extension of a currently approved collection.

    OMB Control Number: 1652-0044.

    Forms(s): Traveler Inquiry and Survey Forms.

    Affected Public: Traveling Public.

    Abstract: DHS TRIP is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they have experienced during their travel screening. The TSA manages the DHS TRIP office on behalf of DHS. The collection of information includes: (1) A Traveler Inquiry Form (TIF), which includes the individual's identifying and travel experience information; and (2) two optional, anonymous customer satisfaction surveys to allow the public to provide DHS feedback on its experience using DHS TRIP.

    Number of Respondents: 15,000.

    Estimated Annual Burden Hours: An estimated 15,500 hours annually.

    Estimated Cost Burden: An estimated $14,490 annually.

    Dated: October 25, 2018. Christina Walsh, TSA Paperwork Reduction Act Officer, Information Technology.
    [FR Doc. 2018-23816 Filed 10-30-18; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2631-18; DHS Docket No. USCIS-2018-0005] RIN 1615-ZB78 Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Sudan, Nicaragua, Haiti, and El Salvador AGENCY:

    U.S. Citizenship and Immigration Services, Department of Homeland Security.

    ACTION:

    Notice.

    SUMMARY:

    Through this Notice, the Department of Homeland Security (DHS) announces actions to ensure its compliance with the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (“preliminary injunction”). Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual's TPS status is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility.

    DHS is further announcing it is automatically extending through April 2, 2019, the validity of TPS-related Employment Authorization Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and Forms I-94 (Arrival/Departure Record) (collectively “TPS-Related Documentation”), as specified in this Notice, for beneficiaries under the TPS designations for Sudan and Nicaragua, provided that the affected TPS beneficiaries remain otherwise individually eligible for TPS. See INA section 244(c)(3). This Notice also provides information explaining DHS's plans to issue a subsequent notice that will describe the steps DHS will take after April 2, 2019 to continue its compliance with the preliminary injunction.

    DATES:

    The TPS designations of Sudan, Nicaragua, Haiti, and El Salvador will remain in effect, as required by the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), so long as the preliminary injunction remains in effect. TPS for those countries will not be terminated unless and until any superseding, final, non-appealable judicial order permits the implementation of such terminations. Information on the status of the preliminary injunction will be available at http://uscis.gov/tps.

    Further, DHS is automatically extending the validity of TPS-Related Documentation for those beneficiaries under the TPS designations for Sudan and Nicaragua, as specified in this Notice. Those documents will remain in effect for six months from the issuance of the preliminary injunction (which occurred on October 3, 2018), through April 2, 2019, provided the individual's TPS is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility.

    In the event the preliminary injunction is reversed and that reversal becomes final, DHS will allow for an orderly transition period, as described in the “Possible Future Action” section of this Notice.

    FOR FURTHER INFORMATION CONTACT:

    • You may contact Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2060; or by phone at 800-375-5283.

    • For further information on TPS, please visit the USCIS TPS web page at http://www.uscis.gov/tps. You can find specific information about this continuation of the TPS benefits for eligible individuals under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador by selecting the respective country's page from the menu on the left side of the TPS web page.

    • If you have additional questions about Temporary Protected Status, please visit uscis.gov/tools. Our online virtual assistant, Emma, can answer many of your questions and point you to additional information on our website. If you are unable to find your answers there, you may also call our USCIS Contact Center at 800-375-5283.

    • Applicants seeking information about the status of their individual cases may check Case Status Online, available on the USCIS website at http://www.uscis.gov, or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

    • Further information will also be available at local USCIS offices upon publication of this Notice.

    SUPPLEMENTARY INFORMATION: Table of Abbreviations BIA—Board of Immigration Appeals CFR—Code of Federal Regulations DHS—U.S. Department of Homeland Security DOS—U.S. Department of State EAD—Employment Authorization Document FNC—Final Nonconfirmation Form I-94—Arrival/Departure Record FR—Federal Register Government—U.S. Government IJ—Immigration Judge INA—Immigration and Nationality Act IER—U.S. Department of Justice Civil Rights Division, Immigrant and Employee Rights Section SAVE—USCIS Systematic Alien Verification for Entitlements Program Secretary—Secretary of Homeland Security TNC—Tentative Nonconfirmation TPS—Temporary Protected Status TTY—Text Telephone USCIS—U.S. Citizenship and Immigration Services Background on Temporary Protected Status (TPS)

    • TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the INA, or to eligible persons without nationality who last habitually resided in the designated country.

    • During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to obtain EADs so long as they continue to meet the requirements of TPS.

    • TPS beneficiaries may also apply for and be granted travel authorization as a matter of discretion.

    • The granting of TPS does not result in or lead to lawful permanent resident status.

    • To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 1254a(c)(1)-(2).

    • When the Secretary terminates a country's TPS designation, beneficiaries return to one of the following:

    ○ The same immigration status or category that they maintained before TPS, if any (unless that status or category has since expired or been terminated); or

    ○ Any other lawfully obtained immigration status or category they received while registered for TPS, as long as it is still valid on the date TPS terminates.

    Purpose of This Action

    Through this Federal Register Notice, the Department of Homeland Security (DHS) announces actions to ensure its compliance with the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (“preliminary injunction”). Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual's TPS status is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility.

    DHS is further announcing it is automatically extending through April 2, 2019, the validity of TPS-related Employment Authorization Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and Forms I-94 (Arrival/Departure Record) (collectively “TPS-Related Documentation”), as specified in this Notice, for beneficiaries under the TPS designations for Sudan and Nicaragua, provided that the affected TPS beneficiaries remain otherwise individually eligible for TPS. See INA section 244(c)(3). This Notice also provides information explaining DHS's plans to issue a subsequent notice that will describe the steps DHS will take after April 2, 2019 to continue its compliance with the preliminary injunction.

    Automatic Extension of EADs

    Through this Federal Register Notice, DHS automatically extends through April 2, 2019, the validity of EADs with the category codes “A-12” or “C-19” and one of the expiration dates shown below that have been issued under the TPS designations of Sudan and Nicaragua:

    11/02/2017 01/05/2018 11/02/2018 01/05/2019

    Additionally, a beneficiary under the TPS designations for Sudan or Nicaragua who applied for a new EAD but who has not yet received his or her new EAD is also covered by this automatic extension, provided that the EAD he or she possesses contains one of the expiration dates noted in the chart above. Such individuals may show this Federal Register Notice and their EAD to employers to demonstrate that their TPS-Related Documentation and employment authorization has been extended through April 2, 2019. This Notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and how this affects the Form I-9, Employment Eligibility Verification, E-Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) processes.

    Automatic Extension of Forms I-94 (Arrival/Departure Record) and Forms I-797 (Notice of Action (Approval Notice))

    In addition, through this Federal Register Notice, DHS automatically extends through April 2, 2019, the validity periods of the following Forms I-94 and Forms I-797, Notice of Action (Approval Notice) previously issued to eligible beneficiaries granted TPS under the designations for Sudan and Nicaragua:

    Country Beginning date of
  • validity:
  • End date of
  • validity:
  • Sudan May 3, 2016
  • Nov. 3, 2017
  • Nov. 2, 2017.
  • Nov. 2, 2018.
  • Nicaragua July 6, 2016
  • Jan. 6, 2018
  • Jan. 5, 2018.
  • Jan. 5, 2019.
  • However, the extension of this validity period applies only if the eligible TPS beneficiary properly filed for TPS re-registration during the most recent DHS-announced registration period for the applicable country, or has a re-registration application that remains pending. In addition, the extension does not apply if the TPS of any such individual has been finally withdrawn. This Notice does not extend the validity date of any TPS-related Form I-94 or Form I-797, Notice of Action (Approval Notice) issued to a TPS beneficiary that contains an end date not on the chart above where the individual has failed to file for TPS re-registration, or where his or her re-registration request has been finally denied.

    Application Procedures

    Current beneficiaries under the TPS designations for Sudan and Nicaragua do not need to pay a fee or file any application, including the Application for Employment Authorization (Form I-765), to maintain their TPS benefits through April 2, 2019, if they have properly re-registered for TPS during the most recent DHS-announced registration period for their country. TPS beneficiaries who have failed to re-register properly for TPS during the last registration period may still file Form I-821 (Application for Temporary Protected Status) but must demonstrate “good cause” for failing to re-register on time, as required by law. See INA, section 244(c)(3)(C) (TPS beneficiary's failure to register without good cause in form and manner specified by DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Instructions to Form I-821. Any eligible beneficiary under the TPS designations for Sudan or Nicaragua who either does not possess an EAD that is automatically extended by this Notice, or wishes to apply for a new EAD may file Form I-765 with appropriate fee (or fee waiver request). If approved, USCIS will issue an EAD with an April 2, 2019, expiration date. Similarly, USCIS will issue an EAD with an April 2, 2019 expiration date for those with pending EAD applications that are ultimately approved.

    Possible Future Action

    If it becomes necessary to comply with statutory requirements for TPS re-registration during the pendency of the Court's Order or any superseding court order concerning the beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, DHS may announce re-registration procedures in a future Federal Register Notice. See section 244(c)(3)(C) of the INA; 8 CFR 244.17.

    In the event the preliminary injunction is reversed and that reversal becomes final, DHS will allow for an orderly transition period, ending on the later of (a) 120 days from the effective date of such a superseding, final order, or (b) on the Secretary's previously-announced effective date for the termination of TPS designations for each individual country, as follows:

    • Sudan—N/A; 1

    1 Any 120-day transition period would end later than the Secretary's previously-announced effective dates for the termination of TPS designations for Sudan and Nicaragua (November 2, 2018, and January 5, 2019, respectively).

    • Nicaragua—N/A;

    • Haiti—July 22, 2019;

    • El Salvador—September 9, 2019.

    To the extent that a Federal Register Notice has auto-extended TPS-Related Documentation beyond the 120-day orderly transition period, DHS reserves the right to issue a subsequent Federal Register Notice announcing an expiration date for the documentation that corresponds to the last day of the 120-day orderly transition period.

    Effect on TPS-Related Documentation for Beneficiaries Under the TPS Designations for Haiti and El Salvador

    If otherwise eligible, beneficiaries under the TPS designations for Haiti and El Salvador who either have been approved for re-registration or have pending TPS re-registration and EAD applications, either have or will receive TPS-Related Documentation that will remain in effect for more than six months. Specifically, such beneficiaries will have TPS-Related Documentation valid until July 22, 2019, for beneficiaries under the TPS designations for Haiti, or until September 9, 2019, for beneficiaries under the TPS designations for El Salvador. The automatic extensions announced in this Notice therefore do not apply to them.2

    2See Termination of the Designation of Haiti for Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018) and Termination of the Designation of El Salvador for Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018).

    Additional Notes

    Nothing in this Notice affects DHS's ongoing authority to determine on a case-by-case basis whether TPS beneficiaries continue to meet the individual eligibility requirements for TPS described in section 244(c) of the INA and the implementing regulations in part 244 of Title 8 of the Code of Federal Regulations.

    Notice of Compliance With Court Order Enjoining the Implementation and Enforcement of Determinations To Terminate the TPS Designations of Sudan, Nicaragua, Haiti, and El Salvador

    As required by the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), the previously-announced determinations to terminate the existing designations of TPS for Sudan, Nicaragua, Haiti, and El Salvador 3 will not be implemented or enforced unless and until the District Court's Order is reversed and that reversal becomes final for some or all of these four countries.

    3See Termination of the Designation of Sudan for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017); Termination of the Designation of Nicaragua for Temporary Protected Status, 82 FR 59636 (Dec. 15, 2017); Termination of the Designation of Haiti for Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018); Termination of the Designation of El Salvador for Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018).

    In further compliance with the Order, I am publishing this Federal Register Notice automatically extending the validity of the TPS-Related Documentation specified above in the Supplementary Information section of this Notice for six months from the date of the Order, October 3, 2018 through April 2, 2019, for eligible beneficiaries under the TPS designations for Sudan and Nicaragua.

    Any termination of TPS-Related Documentation for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador will go into effect on the later of: (a) 120 Days from the effective date any superseding, final, non-appealable judicial order that permits the implementation of such terminations, or (b) on the Secretary's previously-announced effective date for the termination of TPS designations for each individual country. To the extent that a subsequent Federal Register Notice has auto-extended TPS-Related Documentation beyond the 120-day orderly transition period, DHS reserves the right to issue another Federal Register Notice invalidating the documents at the end of the orderly transition period.

    DHS will issue another Federal Register Notice approximately 30 days before April 2, 2019, that will extend TPS-Related Documentation for an additional nine months from April 2, 2019, for all affected beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador. DHS will continue to issue Federal Register Notices at nine-month intervals so long as the preliminary injunction remains in place and will continue its commitment to a 120-day orderly transition period, as described above.

    All TPS beneficiaries must continue to maintain their TPS eligibility by meeting the requirements for TPS in INA section 244(c) and part 244 of Title 8 of the Code of Federal Regulations. DHS will continue to adjudicate any pending TPS re-registration and pending late initial applications for affected beneficiaries from the four countries, and continue to make appropriate individual TPS withdrawal decisions in accordance with existing procedures if an individual no longer maintains TPS eligibility. DHS may continue to announce periodic re-registration procedures for eligible TPS beneficiaries in accordance with the INA and DHS regulations. Should the preliminary injunction order remain in effect, DHS will take appropriate steps to continue its compliance with the preliminary injunction, and all statutory requirements.

    Claire M. Grady, Acting Deputy Secretary. Approved Forms To Demonstrate Continuation of Lawful Status and TPS-Related Employment Authorization

    • This Federal Register Notice (October 31, 2018)

    ○ Through operation of this Federal Register Notice, the existing EADs of affected TPS beneficiaries are automatically extended through April 2, 2019.

    ○ A beneficiary granted TPS under the designations for Sudan and Nicaragua may show a copy of this Notice, along with his or her specified EAD, to his or her employer to demonstrate identity and continued TPS-related employment eligibility for purposes of meeting the Employment Eligibility Verification (Form I-9) requirements.

    ○ Alternatively, such a TPS beneficiary may choose to show other acceptable documents that are evidence of identity and employment eligibility as described in the Instructions to Employment Eligibility Verification (Form I-9).

    ○ Finally, such a TPS beneficiary may show a copy of this Notice, along with his or her specified EAD, Form I-94, or Form I-797 Notice of Action (Approval Notice), as evidence of his or her lawful status, to law enforcement, federal, state, and local government agencies, and private entities.

    • Employment Authorization Document (EAD)

    Am I eligible to receive an automatic extension of my current EAD through April 2, 2019, using this Federal Register Notice?

    Yes. Provided that you currently have a TPS-related EAD for Sudan or Nicaragua with the specified expiration dates described below, this Federal Register Notice automatically extends your EAD through April 2, 2019, if you:

    • Are a national of Sudan or Nicaragua (or an alien having no nationality who last habitually resided in Sudan or Nicaragua) who has TPS, and your EAD contains a category code of A-12 or C-19 and one of the expiration dates shown below:

    11/02/2017 01/05/2018 11/02/2018 01/05/2019

    When hired, what documentation may I show to my employer as evidence of employment authorization and identity when completing Employment Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the “Lists of Acceptable Documents” for Form I-9 at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and employment authorization of all new employees. Within three days of hire, employees must present acceptable documents to their employers as evidence of identity and employment authorization to satisfy Form I-9 requirements.

    You may present any document from List A (which provides evidence of both identity and employment authorization) or one document from List B (which provides evidence of your identity) together with one document from List C (which is evidence of employment authorization), or you may present an acceptable receipt for List A, List B, or List C documents as described in the Form I-9 Instructions. Employers may not reject a document based on a future expiration date. You can find additional detailed information about Form I-9 on USCIS' I-9 Central web page at http://www.uscis.gov/I-9Central.

    An EAD is an acceptable document under List A.

    If your EAD has category code of A-12 or C-19 and an expiration date from the column below, you may show your expired EAD along with this Federal Register Notice to complete Form I-9: Enter this date in Section 1 of Form I-9: Your employer must reverify your employment authorization by: 11/02/2017 Apr. 2, 2019 Apr. 3, 2019. 01/05/2018 Apr. 2, 2019 Apr. 3, 2019. 11/02/2018 Apr. 2, 2019 Apr. 3, 2019. 01/05/2019 Apr. 2, 2019 Apr. 3, 2019.

    If you want to use your EAD with one of the specified expiration dates above, and that date has passed, then you may also provide your employer with a copy of this Federal Register Notice, which explains that your EAD has been automatically extended for a temporary period of time, through April 2, 2019.

    What documentation may I present to my employer for Employment Eligibility Verification (Form I-9) if I am already employed but my current TPS-related EAD is set to expire?

    Even though your EAD has been automatically extended, your employer is required by law to ask you about your continued employment authorization, and you will need to present your employer with evidence that you are still authorized to work. Once presented, you may correct your employment authorization expiration date in Section 1 and your employer should correct the EAD expiration date in Section 2 of Form I-9. See the subsection titled, “What corrections should my current employer and I make to Employment Eligibility Verification (Form I-9) if my employment authorization has been automatically extended?” for further information. You may show this Federal Register Notice to your employer to explain what to do for Form I-9 and to show that your EAD has been automatically extended through April 2, 2019. Your employer may need to re-inspect your automatically extended EAD to check the expiration date and Category code if your employer did not keep a copy of this EAD when you initially presented it.

    The last day of the automatic EAD extension for eligible beneficiaries under the TPS designations for Sudan and Nicaragua is April 2, 2019. Before you start work on April 3, 2019, your employer is required by law to re-verify your employment authorization. At that time, you must present any document from List A or any document from List C on Form I-9 Lists of Acceptable Documents, or an acceptable List A or List C receipt described in the Form I-9 Instructions to reverify employment authorization.

    By April 3, 2019, your employer must complete Section 3 of the current version of the form, Form I-9 07/17/17 N, and attach it to the previously completed Form I-9, if your original Form I-9 was a previous version. Your employer can check USCIS' I-9 Central web page at http://www.uscis.gov/I-9Central for the most current version of Form I-9.

    Note that your employer may not specify which List A or List C document you must present and cannot reject an acceptable receipt.

    Can I seek a new EAD?

    You do not need to apply for a new EAD in order to benefit from this automatic extension. However, if you want to obtain a new EAD valid through April 2, 2019, you must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee (or request a fee waiver). Note, if you do not want a new EAD, you do not have to file Form I-765 or pay the Form I-765 fee. If you do not want to request a new EAD now, you may also file Form I-765 at a later date and pay the fee (or request a fee waiver), provided that you still have TPS or a pending TPS application. You may file the application for a new EAD either before or after your current EAD has expired.

    If you are unable to pay the application fee and/or biometric services fee, you may complete a Request for Fee Waiver (Form I-912) or submit a personal letter requesting a fee waiver with satisfactory supporting documentation. For more information on the application forms and fees for TPS, please visit the USCIS TPS web page at http://www.uscis.gov/tps. Fees for the Form I-821, the Form I-765, and biometric services are also described in 8 CFR 103.7(b)(1)(i).

    Note:

    If you have a Form I-821 and/or Form I-765 that was still pending as of October 2, 2018, then you should not file either application again. If your pending TPS application is approved, you will be granted TPS through April 2, 2019. Similarly, if you have a pending TPS-related application for an EAD that is approved, it will be valid through the same date.

    Can my employer require that I provide any other documentation to prove my status, such as proof of my citizenship from Sudan, Nicaragua, Haiti, or El Salvador?

    No. When completing Form I-9, including reverifying employment authorization, employers must accept any documentation that appears on the Form I-9 “Lists of Acceptable Documents” that reasonably appears to be genuine and that relates to you, or an acceptable List A, List B, or List C receipt. Employers need not reverify List B identity documents. Employers may not request documentation that does not appear on the “Lists of Acceptable Documents.” Therefore, employers may not request proof of citizenship or proof of re-registration for TPS when completing Form I-9 for new hires or reverifying the employment authorization of current employees. If presented with EADs that have been automatically extended, employers should accept such documents as a valid List A document so long as the EAD reasonably appears to be genuine and relates to the employee. Refer to the Note to Employees section of this Federal Register Notice for important information about your rights if your employer rejects lawful documentation, requires additional documentation, or otherwise discriminates against you based on your citizenship or immigration status, or your national origin.

    How do my employer and I complete Employment Eligibility Verification (Form I-9) using my automatically extended employment authorization for a new job?

    When using an automatically extended EAD to complete Form I-9 for a new job on or before April 2, 2019, you and your employer should do the following:

    1. For Section 1, you should:

    a. Check “An alien authorized to work until” and enter April 2, 2019, as the “expiration date”; and

    b. Enter your Alien Number/USCIS number or A-Number where indicated (your EAD or other document from DHS will have your USCIS number or A-Number printed on it; the USCIS number is the same as your A-Number without the A prefix).

    2. For Section 2, your employer should:

    a. Determine if the EAD is auto-extended:

    An employee's EAD has been auto-extended if it contains a category code of A-12 or C-19 and an expiration date shown below: 11/02/2017 01/05/2018 11/02/2018 01/05/2019

    If it has been auto-extended, the employer should:

    b. Write in the document title;

    c. Enter the issuing authority;

    d. Provide the document number; and

    e. Write April 2, 2019, as the expiration date.

    Before the start of work on April 3, 2019, employers are required by law to reverify the employee's employment authorization in Section 3 of Form I-9.

    What corrections should my current employer and I make to Employment Eligibility Verification (Form I-9) if my employment authorization has been auto-extended?

    If you presented a TPS-related EAD that was valid when you first started your job and your EAD has now been automatically extended, your employer may need to re-inspect your current EAD if they do not have a copy of the EAD on file. You may, and your employer should, correct your previously completed Form I-9 as follows:

    1. For Section 1, you may:

    a. Draw a line through the expiration date in Section 1;

    b. Write April 2, 2019, above the previous date; and

    c. Initial and date the correction in the margin of Section 1.

    2. For Section 2, employers should:

    a. Determine if the EAD is auto-extended:

    An employee's EAD has been auto-extended if it contains a category code of A-12 or C-19 and an expiration date shown below: 11/02/2017 01/05/2018 11/02/2018 01/05/2019

    If it has been auto-extended:

    b. Draw a line through the expiration date written in Section 2;

    c. Write April 2, 2019, above the previous date; and

    d. Initial and date the correction in the Additional Information field in Section 2.

    Note:

    This is not considered a reverification. Employers do not need to complete Section 3 until either this Notice's automatic extension of EADs has ended or the employee presents a new document to show continued employment authorization, whichever is sooner. By April 3, 2019, when the employee's automatically extended EAD has expired, employers are required by law to reverify the employee's employment authorization in Section 3.

    If I am an employer enrolled in E-Verify, how do I verify a new employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for these employees by providing the employee's Alien Registration number (A#) or USCIS number as the document number on Form I-9 in the document number field in E-Verify.

    If I am an employer enrolled in E-Verify, what do I do when I receive a “Work Authorization Documents Expiration” alert for an automatically extended EAD?

    If you have employees who provided a TPS-related EAD with an expiration date that has been auto-extended by this Notice, you should dismiss the “Work Authorization Documents Expiring” case alert. Before this employee starts to work on April 3, 2019, you must reverify his or her employment authorization in Section 3 of Form I-9. Employers should not use E-Verify for reverification.

    Note to All Employers

    Employers are reminded that the laws requiring proper employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. This Federal Register Notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those rules setting forth reverification requirements. For general questions about the employment eligibility verification process, employers may call USCIS at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected] Calls and emails are accepted in English and many other languages. For questions about avoiding discrimination during the employment eligibility verification process (Form I-9 and E-Verify), employers may call the U.S. Department of Justice's Civil Rights Division, Immigrant and Employee Rights Section (IER) (formerly the Office of Special Counsel for Immigration-Related Unfair Employment Practices) Employer Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language interpretation in numerous languages. Employers may also email IER at [email protected]

    Note to Employees

    For general questions about the employment eligibility verification process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at [email protected] Calls are accepted in English, Spanish, and many other languages. Employees or applicants may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information regarding employment discrimination based upon citizenship, immigration status, or national origin, including discrimination related to Employment Eligibility Verification (Form I-9) and E-Verify. The IER Worker Hotline provides language interpretation in numerous languages.

    To comply with the law, employers must accept any document or combination of documents from the Lists of Acceptable Documents if the documentation reasonably appears to be genuine and to relate to the employee, or an acceptable List A, List B, or List C receipt as described in the Employment Eligibility Verification (Form I-9) Instructions. Employers may not require extra or additional documentation beyond what is required for Form I-9 completion. Further, employers participating in E-Verify who receive an E-Verify case result of “Tentative Nonconfirmation” (TNC) must promptly inform employees of the TNC and give such employees an opportunity to contest the TNC. A TNC case result means that the information entered into E-Verify from an employee's Form I-9 differs from records available to DHS.

    Employers may not terminate, suspend, delay training, withhold pay, lower pay, or take any adverse action against an employee because of the TNC while the case is still pending with E-Verify. A Final Nonconfirmation (FNC) case result is received when E-Verify cannot verify an employee's employment eligibility. An employer may terminate employment based on a case result of FNC. Work-authorized employees who receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-875-6028). For more information about E-Verify-related discrimination or to report an employer for discrimination in the E-Verify process based on citizenship, immigration status, or national origin, contact IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional information about proper nondiscriminatory Form I-9 and E-Verify procedures is available on the IER website at https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

    Note Regarding Federal, State, and Local Government Agencies (Such as Departments of Motor Vehicles)

    While Federal Government agencies must follow the guidelines laid out by the Federal Government, state and local government agencies establish their own rules and guidelines when granting certain benefits. Each state may have different laws, requirements, and determinations about what documents you need to provide to prove eligibility for certain benefits. Whether you are applying for a Federal, state, or local government benefit, you may need to provide the government agency with documents that show you are a TPS beneficiary, show you are authorized to work based on TPS or other status, and/or that may be used by DHS to determine whether you have TPS or other immigration status. Examples of such documents are:

    (1) Your current EAD;

    (2) A copy of this Federal Register Notice, providing an automatic extension of your currently expired or expiring EAD;

    (3) A copy of your Form I-94, (Arrival/Departure Record), or Form I-797, Notice of Action (Approval Notice), that has been auto-extended by this Notice and a copy of this Notice;

    (4) Any other relevant DHS-issued document that indicates your immigration status or authorization to be in the United States, or that may be used by DHS to determine whether you have such status or authorization to remain in the United States. Check with the government agency regarding which document(s) the agency will accept.

    Some benefit-granting agencies use the SAVE program to confirm the current immigration status of applicants for public benefits. In most cases, SAVE provides an automated electronic response to benefit-granting agencies within seconds, but, occasionally, verification can be delayed. You can check the status of your SAVE verification by using CaseCheck at the following link: https://save.uscis.gov/casecheck/, then by clicking the “Check Your Case” button. CaseCheck is a free service that lets you follow the progress of your SAVE verification using your date of birth and one immigration identifier number. If an agency has denied your application based solely or in part on a SAVE response, the agency must offer you the opportunity to appeal the decision in accordance with the agency's procedures. If the agency has received and acted upon or will act upon a SAVE verification and you do not believe the response is correct, you may make an InfoPass appointment for an in-person interview at a local USCIS office. Detailed information on how to make corrections, make an appointment, or submit a written request to correct records under the Freedom of Information Act can be found on the SAVE website at http://www.uscis.gov/save.

    [FR Doc. 2018-23892 Filed 10-30-18; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2018-N094; FXES11140800000-178-FF08E00000] Draft City of Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan and Draft Environmental Assessment, City of Rancho Palos Verdes, Los Angeles County, California AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; request for public comment.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, announce the receipt and availability of a draft Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) and draft environmental assessment (EA), which evaluates the impacts of, and alternatives to, the proposed City of Rancho Palos Verdes (City of RPV) NCCP/HCP. The City of RPV NCCP/HCP was submitted by the City of Rancho Palos Verdes in support of an application under the Endangered Species Act, for a permit authorizing the incidental take of 10 covered species resulting from covered projects/activities and a permit under the State of California's Natural Community Conservation Planning Act of 2002. We request review and comment on the City of RPV NCCP/HCP and the draft EA from local, State, and Federal agencies; Tribes; and the public.

    DATES:

    To ensure consideration, please send your written comments by December 31, 2018.

    ADDRESSES:

    Obtaining Documents: You may obtain copies of the City of RPV NCCP/HCP and the draft EA by the following methods. Please specify that your request pertains to the City of RPV NCCP/HCP.

    Email: [email protected]

    Internet: http://www.rpvca.gov/490/Palos-Verdes-Nature-Preserve-NCCP-PUMP-H.

    U.S. Mail: A limited number of CD-ROM and printed copies are available, by request, from the following locations:

    Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008;

    Rancho Palos Verdes City Hall (see address under In-Person, below).

    In-Person: Copies are available for public inspection and review at the following locations, by appointment and written request only:

    Rancho Palos Verdes City Hall, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 (telephone: 310-554-5267; 7:30 a.m. to 5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m. on Friday); and

    Palos Verdes Peninsula Land Conservancy, 916 Silver Spur Road, Suite 207, Rolling Hills Estates, CA 90274 (9:30 a.m. to 5 p.m., Monday through Friday).

    Submitting Comments: You may submit comments by one of the following methods:

    Email: [email protected]; please include “City of RPV NCCP/HCP” in the subject line.

    U.S. Mail: Karen Goebel, Attn: City of RPV NCCP/HCP (use the Carlsbad Fish and Wildlife Office address under Obtaining Documents).

    Telephone: Karen Goebel, 760-431-9440.

    FOR FURTHER INFORMATION CONTACT:

    Mary Beth Woulfe, 760-431-9440.

    SUPPLEMENTARY INFORMATION:

    We, the U.S. Fish and Wildlife Service (Service), announce the receipt and availability of a draft Natural Community Conservation Plan/Habitat Conservation Plan (HCP/NCCP) and draft environmental assessment (EA), which evaluates the impacts of, and alternatives to, the proposed City of Rancho Palos Verdes (RPV) NCCP/HCP. The City of RPV NCCP/HCP was submitted by the City of Rancho Palos Verdes in support of an application under section 10 of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), for a permit authorizing the incidental take of 10 covered species resulting from covered projects/activities. The proposed City of RPV NCCP/HCP plan area encompasses approximately 8,616.6 acres on the Palos Verdes Peninsula, Los Angeles County, California.

    Introduction

    Under section 10(c) of the ESA and under the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), this notice advises the public of the receipt and availability for public review of the draft City of RPV NCCP/HCP and draft EA, which evaluates the impacts of, and alternatives to, the City of RPV NCCP/HCP, submitted with an application for a permit to authorize the incidental take of federally listed covered species resulting from covered projects/activities within the plan area. The Service is the Lead Agency pursuant to NEPA. The proposed Federal action is issuance of an incidental take permit (ITP) under section 10(a)(1)(B) of the ESA to the City of Rancho Palos Verdes and their habitat manager, Palos Verdes Peninsula Land Conservancy.

    Background

    Section 9 of the ESA prohibits “take” of fish and wildlife species listed as endangered under section 4 (16 U.S.C. 1538, 1533, respectively). Section 10(a)(1)(B) of the ESA provides for the issuance of a permit for the taking of listed fish and wildlife species that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity (“incidental take”). The ESA implementing regulations extend, under certain circumstances, the prohibition of take to threatened species (50 CFR 17.31). Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32. For more about the HCP program, go to http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.

    Under section 10(a) of the ESA, the Service may issue permits to authorize incidental take of listed fish and wildlife species. Section 10(a)(2)(B) of the ESA contains criteria for issuing ITPs to non-Federal entities for the take of endangered and threatened species, provided the following criteria are met:

    • The taking will be incidental;

    • The applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking;

    • The applicant will develop an HCP and ensure that adequate funding for the plan will be provided;

    • The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and

    • The applicant will carry out any other measures that the Secretary may require as being necessary or appropriate for the purposes of the HCP.

    The purpose of issuing an ITP to the City of Rancho Palos Verdes would be to permit incidental take of the covered species resulting from identified covered City of Rancho Palos Verdes and private projects/activities within the plan area. Implementation of the City of RPV NCCP/HCP is intended to maximize conservation for covered species while providing cost-savings and reducing potential time-delays associated with processing individual ITPs for each covered project/activity within the plan area.

    The proposed City of RPV NCCP/HCP includes measures intended to minimize and mitigate the impacts of the taking to the maximum extent practicable from covered City of Rancho Palos Verdes and private projects/activities within the plan area.

    Proposed Action

    The proposed action is the issuance of an ITP by the Service to City of Rancho Palos Verdes and their habitat manager, Palos Verdes Peninsula Land Conservancy, for the incidental take of covered species from identified covered projects/activities, including the avoidance, minimization, and mitigation of impacts to covered species within the 8,616.6-acre plan area for 40 years. The proposed City of RPV NCCP/HCP is a conservation plan for the following 10 species:

    Federally listed as endangered: Palos Verdes blue butterfly El Segundo blue butterfly Federally listed as threatened: Coastal California gnatcatcher Unlisted: Cactus wren Aphanisma South coast salt scale Catalina crossosoma Island green dudleya Santa Catalina Island desert-thorn Woolly seablite

    There are 17 City of Rancho Palos Verdes projects/activities and 5 private projects/activities proposed to be covered by the ITP. The City of Rancho Palos Verdes projects/activities include landslide abatement, drainage improvement, dewatering wells, road and canyon repairs, fuel modification, and maintenance; private projects/activities include development, remedial grading, and fuel modification. Public use is also identified as a conditionally allowable use. Potential impacts to covered species include disruption of normal behavior by covered projects/activities and injury or death due to construction activities. The City of RPV NCCP/HCP provides a comprehensive approach to the conservation and management of these species and their habitat within the plan area.

    The plan area is approximately 8,616.6 acres and includes the entire boundary of the City of Rancho Palos Verdes. The plan area is constant for all of the alternatives analyzed in the EA. The City of RPV NCCP/HCP quantifies the expected loss of habitat and the proposed mitigation, including management and monitoring of the preserve.

    Alternatives

    We considered five alternatives in the EA: (1) No Action Alternative; (2) Alternative A, Peninsula NCCP Working Group Alternative; (3) Alternative B, Landowner Alternative; (4) Alternative C, The City of Rancho Palos Verdes' Alternative; and (5) Alternative D, The Proposed Action.

    Under the No Action Alternative, the City of Rancho Palos Verdes NCCP/HCP would not move forward for approval and an ITP would not be issued. All projects/activities proposed in City of RPV NCCP/HCP would continue to be reviewed in accordance with existing State land use and environmental regulations. Alternative A was developed by the working group, which consisted of stakeholders within the City of Rancho Palos Verdes, and included the largest preserve area, totaling about 1,559.1 acres. Alternative B was developed by the major landowners in 1999 and proposed the smallest preserve area of all of the alternatives. Alternative C was developed by the City of Rancho Palos Verdes and was a compromise of Alternative A and B. The preserve size under Alternative C is slightly larger than that under the Proposed Action (Alternative D), but the total amount of coastal sage scrub habitat under Alternative C is slightly lower than that in the Proposed Action (Alternative D).

    The Proposed Action (Alternative D) is the same as Alternative C, with the following exceptions: (1) A 27.0-acre parcel in the Upper Filiorum property has been removed from the preserve and is now identified as a covered project, including the associated dedication of 30 acres of functional and connected habitat; (2) 40.0 acres of a former archery range property have been removed from the preserve due to landslide and legal constraints; and (3) 61.5 acres of Malaga Canyon have been purchased by the City of Rancho Palos Verdes and have been incorporated into the preserve. The preserve in Alternative D totals 1,402.4 acres.

    Request for Comments

    Consistent with section 10(c) of the ESA, we invite your submission of written comments, data, or arguments with respect to the City of Rancho Palos Verdes' permit application, the City of RPV NCCP/HCP, and proposed permitting decision.

    Public Availability of Comments

    Written comments we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety.

    Next Steps

    Issuance of an incidental take permit is a Federal proposed action subject to compliance with NEPA. We will evaluate the application, associated documents, and any public comments we receive to determine whether the application meets the requirements of section 10(a) of the ESA. If we determine that those requirements are met, we will issue a permit to the applicant for the incidental take of the covered species. We will make our final permit decision no sooner than 60 days after the public comment period closes.

    Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6).

    Scott Sobiech, Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California.
    [FR Doc. 2018-23762 Filed 10-30-18; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-R-2018-N122; FF08RSDC00-190-F1611MD-FXRS12610800000] Otay River Estuary Restoration Project, South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge, California; Record of Decision AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; record of decision.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), announce the availability of the record of decision (ROD) for the San Diego Bay National Wildlife Refuge—Otay River Estuary Restoration Project final environmental impact statement (EIS). The ROD explains that, of the three alternatives examined in the final EIS, the chosen alternative is the environmentally preferred alternative.

    ADDRESSES:

    Document Availability: The ROD is available at:

    Internet: https://www.fws.gov/refuge/San_Diego_Bay/what_we_do/Resource_Management/Otay_Restoration.html.

    In Person:

    o San Diego National Wildlife Refuge Complex Headquarters, 1080 Gunpowder Point Drive, Chula Vista, CA 91910; telephone: 619-476-9150, extension 103.

    FOR FURTHER INFORMATION CONTACT:

    Brian Collins, Refuge Manager, San Diego Bay National Wildlife Refuge at 619-575-2704, extension 302 (telephone) or [email protected] (email); or Andy Yuen, Project Leader, 619-476-9150, extension 100 (telephone), or [email protected] (email).

    SUPPLEMENTARY INFORMATION:

    Background

    In 2006, we completed the San Diego Bay National Wildlife Refuge (NWR) Comprehensive Conservation Plan (CCP) and final EIS/ROD to guide the management of the San Diego Bay NWR over a 15-year period (71 FR 64552, November 2, 2006). The wildlife and habitat management goal of the selected management alternative in the CCP for the South San Diego Bay Unit is to “Protect, manage, enhance, and restore . . . coastal wetlands . . . to benefit the native fish, wildlife, and plant species supported within the South San Diego Bay Unit.” One of the strategies identified to meet this goal is to restore native habitats in the Otay River floodplain and the salt ponds.

    On September 29, 2010, the San Diego NWR Complex and Poseidon Resources (Channelside) LP (Poseidon) entered into a memorandum of understanding to establish a partnership to facilitate the restoration of property within the San Diego Bay NWR, consistent with the CCP and Poseidon's restoration requirements from the California Coastal Commission (Commission) in an approved coastal development permit (CDP No. E-06-013) related to the construction and operation of a desalination plant in Carlsbad, California.

    We published a notice of intent (NOI) to prepare an EIS for the Otay River Estuary Restoration Project on November 14, 2011 (76 FR 70480), followed by a second NOI on January 8, 2013 (78 FR 1246), when the project was expanded to include the restoration of Pond 15. We published a notice of availability (NOA) of the draft EIS for the project on October 21, 2016 (81 FR 72817), and an NOA of the final EIS on May 18, 2018 (83 FR 23289).

    Project

    The project site is located at the south end of San Diego Bay, San Diego County, California, within the South San Diego Bay Unit of the San Diego Bay NWR. Restoration activities will occur at two separate locations within the Refuge: The 34-acre Otay River Floodplain Site, located to the west of Interstate 5 between Main Street to the north and Palm Avenue to the south in the City of San Diego, and the 91-acre Pond 15 Site, an active solar salt pond, located in the northeastern portion of the Refuge to the northwest of the intersection of Bay Boulevard and Palomar Street in the City of Chula Vista.

    Alternatives

    We analyzed three alternatives in the final EIS, including the no action alternative and two action alternatives, for restoring the two areas on the San Diego Bay NWR that comprise the restoration project. In addition to a no-action alternative, the action alternatives include an intertidal alternative and a subtidal alternative.

    Alternative B: Intertidal Alternative (Selected Alternative)

    The Intertidal Alternative (Alternative B) proposes to lower the elevation and re-contour the Otay River Floodplain Site to create approximately 30 acres of tidally influenced habitat consisting of approximately 5 acres of intertidal mudflat and 25 acres of intertidal salt marsh habitat, 1 acre of transitional habitat and high tide refugia, and 4 acres of upland habitat.

    Approximately 320,000 cubic yards of soil would be excavated from the Otay River Floodplain Site to achieve elevations suitable for sustaining intertidal wetlands. The majority of the excavated material, approximately 260,000 cubic yards, would be transported to Pond 15 to be beneficially used as fill within the Pond 15 Site, as well as to reinforce existing levees around the pond. Pond 15 would be filled and contoured to achieve elevations required to support approximately 10 acres of subtidal habitat, 18 acres of intertidal mudflat, 57 acres of intertidal salt marsh habitat, 1.6 acres of transitional habitat and high tide refugia, and 4 acres of upland habitat.

    The combination of the wetlands created at the Otay River Floodplain Site and Pond 15 Site under this alternative would be consistent with the intent of the CCP and would provide sufficient mitigation credit to meet Poseidon's Coastal Development Permit requirements.

    Alternative C: Subtidal Alternative

    The Subtidal Alternative (Alternative C), which would include a subtidal channel within the Otay River Floodplain Site, would result in the restoration of approximately 4.5 acres of subtidal habitat, 6.5 acres of intertidal mudflat, 18 acres of intertidal salt marsh habitat, and 4 acres of upland habitat. Within the Pond 15 Site, tidally influenced habitat would be similar to that proposed under Alternative B, with approximately 10 acres of subtidal habitat, 16 acres of intertidal mudflat, 59 acres of intertidal salt marsh, 2 acres of high-tide refugia, and 4 acres of upland habitat.

    Implementation of this alternative would involve the excavation of approximately 370,000 cubic yards of material from the Otay River Site, of which approximately 310,000 cubic yards of this material would be transported to the Pond 15 Site for beneficial use in creating tidal elevations that would support the desired intertidal habitats and improving levees to separate Pond 15 from the remaining active solar salt operation.

    The combination of the wetlands created at the Otay River Floodplain Site and Pond 15 Site under this alternative would also provide sufficient mitigation credit to meet the Commission's permit requirements.

    Selected Alternative

    The ROD identifies the intertidal alternative (Alternative B) as the selected alternative. This alternative was also identified as the environmentally preferred alternative in the final EIS. The basis for the decision, descriptions of the alternatives considered, an overview of the measures to be implemented to avoid and minimize environmental effects, and a summary of the public involvement process are provided in the ROD.

    Authority

    We publish this notice under the authority of the National Environmental Policy Act (42 U.S.C. 4371 et seq.) and the Department of the Interior's implementing regulations in title 43 of the Code of Federal Regulations (43 CFR part 46).

    Jody Holzworth, Regional Director, Pacific Southwest Region.
    [FR Doc. 2018-23823 Filed 10-30-18; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Geological Survey [GX14BA02EEW0200; OMB Control Number 1028-0103] Agency Information Collection Activities; USA National Phenology Network—The Nature's Notebook Plant and Animal Observing Program AGENCY:

    U.S. Geological Survey, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the U.S. Geological Survey (USGS) is proposing to renew an information collection (IC).

    DATES:

    Interested persons are invited to submit comments on or before December 31, 2018.

    ADDRESSES:

    Send your comments on the information collection request (ICR) by mail to the U.S. Geological Survey, Information Collections Clearance Officer, 12201 Sunrise Valley Drive, MS 159, Reston, VA 20192; or by email to [email protected] Please reference OMB Control Number 1028-0103 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Jake F. Weltzin by email at [email protected], or by telephone at 520-626-3821.

    SUPPLEMENTARY INFORMATION:

    We, the U.S. Geological Survey, in accordance with the Paperwork Reduction Act of 1995, provide the general public and other Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the USGS; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the USGS enhance the quality, utility, and clarity of the information to be collected; and (5) how might the USGS minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The USA-NPN is a program sponsored by the USGS that uses standardized forms for tracking plant and animal activity as part of a project called Nature's Notebook. The Nature's Notebook forms are used to record phenology (e.g., timing of leafing or flowering of plants and reproduction or migration of animals) as part of a nationwide effort to understand and predict how plants and animals respond to environmental variation and changes in weather and climate. Contemporary data collected through Nature's Notebook are quality-checked, described and made publicly available; data are used to inform decision-making in a variety of contexts, including agriculture, drought monitoring, and wildfire risk assessment. Phenological information is also critical for the management of wildlife, invasive species, and agricultural pests, and for understanding and managing risks to human health and welfare, including allergies, asthma, and vector-borne diseases. Participants may contribute phenology information to Nature's Notebook through a browser-based web application or via mobile applications for iPhone and Android operating systems, meeting GPEA and Privacy Act requirements. The web application interface consists several components: User registration, a searchable list of 1,260 plant and animal species which can be observed; a “profile” for each species that contains information about the species including its description and the appropriate monitoring protocols; a series of interfaces for registering as an observer, registering a site, registering plants and animals at a site, generating datasheets to take to the field, and a data entry page that mimics the datasheets.

    Title of Collection: USA NATIONAL PHENOLOGY NETWORK—THE NATURE'S NOTEBOOK PLANT AND ANIMAL OBSERVING PROGRAM

    OMB Control Number: 1028-0103.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Members of the public, registered with Nature's Notebook, state Cooperative Extension employees and tribal members.

    Total Estimated Number of Annual Respondents: 7,581.

    Total Estimated Number of Annual Responses: 4,093,314.

    Estimated Completion Time per Response: When joining the program, responders spend 13 minutes each to register and read guidelines and 83 minutes to watch all training videos. After that responders may spend about 2 minutes per record to observe and submit phenophase status record.

    Total Estimated Number of Annual Burden Hours: 138,857.

    Respondent's Obligation: Voluntary.

    Frequency of Collection: On occasion; depends on the seasonal activity of plants and animals.

    Total Estimated Annual Non-hour Burden Cost: $11,484.

    Table—Annual Responses and Burden Hours Response type Annual
  • responses
  • (projected)
  • Completion time per response
  • (minutes)
  • Annual burden
  • (hours)
  • Registrations 7,581 13 minutes (3 minutes to register + 10 minutes to read guidelines) 1,643 Training videos 758 83 minutes (to watch entire set of videos) 1,049 Observation records 4,084,975 2 minutes (includes observation and reporting time) 136,166 Total 4,093,314 138,857
    Table—Annual Non-Hour Burden Costs Cost per unit Number of
  • respondents
  • expected
  • to use
  • Non-hour
  • burden cost
  • Clipboard $2.23 4,245 $9,467 Pencils 0.10 4,245 425 Flags 0.05 1,516 76 Markers 0.10 1,516 152 Stakes 0.30 1,516 455 Tags 0.30 1,516 455 Popsicle Sticks 0.30 1,516 455 Average Marking Material Cost 0.19 Cost per Response 2.52 Total Non-Hour Burden Cost 11,484

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    The authorities for this action are the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

    Jake Weltzin, Program Manager, Status & Trends Program.
    [FR Doc. 2018-23824 Filed 10-30-18; 8:45 am] BILLING CODE 4338-11-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO260000 L10600000.PC0000; OMB Control Number 1004-0042] Agency Information Collection Activities; Protection, Management, and Control of Wild Horses and Burros AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    60-Day notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act, the Bureau of Land Management (BLM) is proposing an early revision to an information collection.

    DATES:

    Interested persons are invited to submit comments on or before December 31, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail, fax, or electronic mail.

    Mail: U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Attention: Jean Sonneman, Washington, DC 20240.

    Fax: to Jean Sonneman at 202-245-0050.

    Electronic mail: [email protected]

    Please reference OMB Control Number 1004-0042 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Holle Waddell by email at [email protected], or by telephone at 405-579-1860.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comments addressing the following issues: (1) Is the collection necessary to the proper functions of the BLM; (2) can this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BLM enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BLM minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize comments in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: This notice pertains to the collection of information that enables the BLM to administer its program for wild horses and burros in compliance with the Wild Free-Roaming Horses and Burros Act (16 U.S.C. 1331-1340). In addition to seeking renewal of control number 1004-0042, the BLM requests revision of an existing information-collection activity and form, and requests the addition of an information-collection form that has been in use without a control number.

    OMB has approved Form 4710-10 and its information-collection activity previously with the title, “Application for Adoption of Wild Horse(s) or Burro(s).” The BLM proposes that the information-collection activity and form be revised to enable both adoptions and purchases of wild horses or burros, as authorized by 43 U.S.C. 1333(d) and (e). The revised form that includes sales is titled, “Application for Adoption & Sale of Wild Horses and Burros.”

    The form that has been in use without a control number is Form 4710-24, “BLM Facility Requirement Form” for use by individuals and non-governmental organizations that participate along with the BLM in joint training programs to increase the number of trained animals available for adoption or purchase.

    Title of Collection: Protection, Management, and Control of Wild Horses and Burros (43 CFR part 4700).

    OMB Control Number: 1004-0042.

    Form Numbers: 4710-10 and 4710-24.

    Type of Review: Renewal and revision of a currently approved collection.

    Respondents/Affected Public: Those who wish to adopt and or purchase wild horses and burros.

    Total Estimated Number of Annual Respondents: 7,943.

    Total Estimated Number of Annual Responses: 7,943.

    Estimated Completion Time per Response: Varies from 10 minutes to 30 minutes, depending on activity.

    Total Estimated Number of Annual Burden Hours: 3,822.

    Respondent's Obligation: Required to obtain or retain a benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Non-hour Burden Cost: $2,400.

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

    Jean Sonneman, Information Collection Clearance Officer, Bureau of Land Management.
    [FR Doc. 2018-23837 Filed 10-30-18; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLES962000 L14400000 BJ0000 18X] Notice of Filing of Plat Survey; Eastern States AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of official filing; Louisiana and New York.

    SUMMARY:

    The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of land Management (BLM), Eastern States Office, Washington, DC, 30 days from the date of this publication.

    DATES:

    Unless there are protests of this action, the filing of the plats described in this notice will happen on November 30, 2018.

    ADDRESSES:

    Written notices protesting these surveys must be sent to the State Director, BLM Eastern States, Suite 950, 20 M Street SE, Washington, DC 20003.

    FOR FURTHER INFORMATION CONTACT:

    Dominica Van Koten, Chief Cadastral Surveyor for Eastern States; (202) 912-7756; email: [email protected]; or U.S. Postal Service: BLM-ES, Suite 950, 20 M Street SE, Washington, DC 20003. Attn: Cadastral Survey. Persons who use a telecommunications device for the deaf may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The lands surveyed are:

    Louisiana Meridian, Louisiana T. 14 S, R. 9 E

    The plat, incorporating the field notes describe the dependent resurvey of a portion of the subdivisional lines and the survey of section 58, Township 14 South, Range 9 East, of the Louisiana Meridian, Louisiana; accepted September 29, 2017. The survey was requested by the Southeastern States District Office, BLM.

    Allegany and Cattaraugus Counties, New York

    The plat, incorporating the field notes of the dependent resurvey of the Oil Springs Indian Reservation; in the state of New York; accepted September 1, 2017. The survey was requested by the Bureau of Indian Affairs.

    A person or party who wishes to protest the above surveys must file a written protest 30 calendar days from the date of this publication at the address listed in the ADDRESSES section of this notice. A statement of reasons for the protest may be filed with the notice of protest and must be filed within 30 calendar days after the protest is filed. If a protest against a survey is received prior to the date of official filing, the filing will be stayed pending consideration of the protest. A plat will not be officially filed until the day after all protests have been dismissed or otherwise resolved.

    Before including your address, phone number, email address, or other personal identifying information in your comment, please be aware that your entire protest, including your personal identifying information may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    A copy of the described plats will be placed in the open files, and available to the public as a matter of information.

    Authority:

    43 U.S.C. Chap. 3.

    Leon W. Chmura, Acting Chief Cadastral Surveyor.
    [FR Doc. 2018-23825 Filed 10-30-18; 8:45 am] BILLING CODE 4310-GJ-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-PWR-PWRO-26857; PPWONRADE2, PMP00EI05.YP0000] Notice of Intent To Prepare an Environmental Impact Statement for a General Management Plan Amendment, Point Reyes National Seashore and North District of Golden Gate National Recreation Area, Marin County, California AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice of intent.

    SUMMARY:

    The National Park Service (NPS) is preparing a General Management Plan Amendment (GMP Amendment) and Environmental Impact Statement (EIS) for all lands currently under agricultural lease/permits within Point Reyes National Seashore and the north district of Golden Gate National Recreation Area.

    DATES:

    The NPS requests that comments be submitted by November 30, 2018. Open houses will be announced in local media.

    ADDRESSES:

    Information will be available for public review online at http://parkplanning.nps.gov/POREGMPA and in the Office of the Superintendent, 1 Bear Valley Road, Point Reyes Station, CA 94956 (415-464-5120, telephone). You may submit your comments by any one of several methods. You may comment online at http://parkplanning.nps.gov/POREGMPA. You may mail or hand deliver comments to the Superintendent, Point Reyes National Seashore, 1 Bear Valley Road, Point Reyes Station, CA 94956. Written comments will also be accepted at the public open houses.

    FOR FURTHER INFORMATION CONTACT:

    Melanie Gunn, Outreach Coordinator, Point Reyes National Seashore, 1 Bear Valley Road, Point Reyes Station, CA 94956 (415-464-5131, telephone).

    SUPPLEMENTARY INFORMATION:

    Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C) (NEPA), and the terms of a Settlement Agreement approved by the U.S. District Court for the Northern District of California on July 14, 2017 (Resource Renewal Institute et al., v. National Park Service, Case No. 16-cv-00688-SBA (KAW) (N.D. Cal.)) (Agreement), the NPS is preparing an EIS for lands currently leased for ranching within Point Reyes National Seashore and the north district of Golden Gate National Recreation Area (planning area). In preparing the EIS, the NPS will follow all applicable laws and policies and will comply with the terms of the Agreement. The Agreement requires the EIS to address the statutory elements for General Management Plans, unless inapplicable, and to consider three specific alternatives. The EIS will amend the 1980 GMP for the planning area.

    This notice also terminates the GMP EIS process for Point Reyes National Seashore initiated by the NPS on October 14, 1997 (62 FR 53336), updated on May 24, 1999 (64 FR 28008), and expanded to include the north district of Golden Gate National Recreation Area lands on February 3, 2000 (65 FR 5365-5366).

    Background

    Legislation authorizing the establishment of Point Reyes National Seashore (Point Reyes or Seashore) was enacted in 1962 (16 U.S.C. 459c) for the purpose of preserving “a portion of the diminishing seashore of the United States that remains undeveloped.” The Seashore includes more than 71,000 acres of beaches, coastal cliffs and headlands, marine terraces, coastal uplands, forests, and includes all tide and submerged lands to 0.25 miles offshore. The Seashore administers an additional 15,000 acres of the north district of Golden Gate National Recreation Area (Golden Gate NRA) under a Regional Directive for Management. Congress established Golden Gate NRA in 1972 and expanded it in 1980 to include lands within the planning area. The Golden Gate NRA legislation directs the NPS “to preserve for public use and enjoyment certain areas of Marin and San Francisco Counties, California, possessing outstanding natural, historic, scenic, and recreational values . . . .” and to “preserve the recreation area, as far as possible, in its natural setting, and protect it from development and uses which would destroy the scenic beauty and natural character of the area.” 16 U.S.C. 460bb.

    Specific provisions of both the Point Reyes and Golden Gate NRA enabling legislation (16 U.S.C. 459c-5 and 460bb-2(j)) authorize the issuance of lease/special use permits (lease/permits) for agricultural, ranching, or dairying purposes. Approximately 28,000 acres of National Park Service lands, including 18,000 acres of Point Reyes National Seashore and 10,000 acres within the north district of Golden Gate National Recreation Area, are currently utilized for beef and dairy ranching under agricultural lease/permits.

    In the spring of 2014, the NPS initiated development of a Ranch Comprehensive Management Plan to address high priority management needs associated with the approximately 28,000 acres of active beef and dairy ranching on NPS lands within Point Reyes and the north district of Golden Gate NRA. The planning effort also addressed concerns related to the expansion of free-range tule elk into the park ranch lands, as well as other issues including lease duration, succession, and ranch operational flexibility and diversification.

    In February 2016, litigation was brought against the NPS related to the ranch planning process and the ongoing use of lands within the planning area for ranching and dairying. The plaintiffs and the NPS, together with the ranchers and the County of Marin, entered into settlement negotiations in an effort to resolve the litigation. As referenced in the Supplementary Information section above, a multi-party Agreement was approved by the U.S. District Court on July 14, 2017. Per the Agreement, the NPS agreed that in lieu of the Ranch Comprehensive Management Plan, the NPS would prepare a GMP Amendment and EIS addressing the management of the lands currently leased for ranching within the Seashore and the north district of Golden Gate NRA.

    Purpose and Need Purpose

    The purpose of the EIS for the General Management Plan Amendment is to establish guidance for the preservation of natural and cultural resources and the management of infrastructure and visitor use within the planning area. The alternatives evaluated in the EIS will also address the future management of tule elk and leased ranch lands.

    Need

    Action is needed at this time to address the park's highest priority planning issues which include the management of approximately 28,000 acres of land currently leased for ranching. Action is also needed to comply with the terms of the Agreement which requires that the GMP Amendment and EIS be completed on or before July 14, 2021.

    Alternatives

    The Agreement requires the NPS to give full consideration to and disclose the impacts of three alternatives: (1) No ranching; (2) no dairy ranching; and (3) reduced ranching. These alternatives must not be conditioned on the discretionary termination of agricultural lease/permits by ranchers. The Agreement expressly preserves the NPS's right to give full consideration to other potential action alternatives. It also allows the NPS to consider agricultural diversification, increased operational flexibility, the promotion of sustainable operational practices, succession planning, and similar ranch management practices as part of any action alternative, except the no ranching alternative. Each of the action alternatives considered in the EIS must also address the four statutorily required elements for GMPs, to the extent applicable. These elements are: Measures to preserve park resources, guidance regarding the types and levels of public use and development, discussion of visitor carrying capacities, and potential external boundary modifications.

    Elements Common to All Action Alternatives

    The NPS would identify opportunities to improve the visitor experience in the planning area such as enhanced trail connections, improved signage, and new interpretive waysides. The NPS would identify broad management strategies that would be undertaken to preserve park resources, as well as indicators and standards to guide visitor carrying capacities. The NPS has done some initial boundary analysis and does not expect to propose any external boundary modifications under any of the alternatives.

    Proposed Action—Based on the purpose and need for action, the NPS proposed action includes the Elements Common to All Action Alternatives and the following additional elements:

    • Issue agricultural lease/permits with 20 year terms to existing ranch families to continue beef and dairy operations on approximately 27,000 acres within the planning area.

    • The proposed action would include opportunities for operational flexibility and diversification, establish approximately 900 acres of resource protection buffers, and provide programmatic review of best management practices.

    • Implement a land management framework on ranch lands allowing for different intensities of land use depending on the zone (ranch core, pasture, and range). Diversification activities (e.g. poultry) would be allowed in the ranch core zone. Pasture areas would allow for some increased pasture management activities. Range areas would be dedicated to livestock grazing.

    • Take actions to minimize elk-related impacts including: Hazing, fence repair and modification, water development, habitat improvement, and other measures as appropriate. The Drakes Beach free-range tule elk herd would be managed at a level compatible with authorized ranching operations. The NPS would manage within that range using translocation outside of the park if practicable, or agency-managed lethal removal methods. Additionally, the NPS will evaluate management of tule elk from the Limantour free-range herd if they affect ranchlands.

    The proposed action represents one alternative that will be considered during the EIS process, and it will be further developed and refined throughout the process. In addition to the proposed action, the NPS is considering the following additional alternative concepts.

    No Action—This alternative is required by NEPA and would continue the issuance of short-term agricultural lease/permits for ongoing activities, with limited management of free-range tule elk affecting park ranch lands, consistent with current management. This alternative would continue to maintain existing operations, management of park resources and visitor use generally at current levels. The NPS would maintain the existing Seashore boundary. Under this alternative, beef and dairy ranching operations would continue to be authorized on approximately 27,000 acres within the planning area under 5 and 10 year agricultural lease/permits.

    Action Alternatives

    Continued Ranching and Removal of the Drakes Beach Tule Elk Herd—Existing ranch families would be authorized to continue beef and dairy operations under agricultural lease/permits as described in the proposed action. Under this alternative, the Drakes Beach tule elk herd would be removed using translocation outside of the park if practicable, or agency-managed lethal methods. The NPS would continue to manage the Limantour herd as in the proposed action. Under this alternative, approximately 27,000 acres of beef and dairy ranching operations would be authorized under agricultural lease/permits within the planning area.

    Reduced Ranching and Management of the Drakes Beach Tule Elk Herd—A reduced ranching alternative is required by the Agreement. Under this alternative, cessation of grazing operations would occur on approximately 7,500 acres within the planning area. The areas identified for closure to grazing would minimize the overall impact to the Point Reyes Peninsula Dairy Ranches Historic District and Olema Valley Dairy Ranches Historic District. Most of the areas identified for closure do not have developed complexes or permitted residential uses. For areas remaining in agricultural use, agricultural lease/permits would be offered as described under the proposed action. Tule elk would be managed consistent with the actions described in the proposed action but under population targets commensurate with the level of ranching operations in this alternative. Under this alternative, approximately 19,500 acres of beef and dairy ranching operations would be authorized under agricultural lease/permits within the planning area.

    No Dairy Ranching and Limited Management of the Drakes Beach Tule Elk Herd—A no dairy ranching alternative is required by the Agreement. Under this alternative, all beef cattle grazing operations would continue. The six active dairies within Point Reyes would cease operations. Dairy operators would be eligible to convert operations to beef cattle grazing over a period of 5 years. For areas remaining in agricultural use, agricultural lease/permits would be offered as described above for the proposed action. The NPS would take limited action to manage the geographic extent of all free-range tule elk, but only where management is needed to support other resource protection and park goals. Under this alternative, approximately 27,000 acres of beef grazing operations would be authorized under agricultural lease/permits within the planning area.

    No Ranching and Expansion of Tule Elk in the Planning Area—A no ranching alternative is required by the Agreement. Under this alternative, ranching in all areas of the Seashore and the north district of Golden Gate NRA would cease. With the exception of the two locations with life-estates, most operations would be phased out over a period of 5 years. The NPS anticipates many of the areas and their associated facilities would be converted and offered for public not-for-profit education, research and outdoor experiential activities and other public recreation and visitor opportunities. The EIS will evaluate these actions at the programmatic level. The NPS would take limited action to manage the geographic extent of the free-range tule elk herd, but only where management is needed to support other resource protection and park goals.

    Each of the action alternatives will also include the Elements Common to All Action Alternatives. The alternative concepts and management tools under consideration may change based upon input received during public scoping and throughout the development of the EIS. The NPS will also consider other alternatives that are suggested during the scoping period, as appropriate. The NPS will not select an alternative for implementation until after a final EIS is completed.

    Public Comment

    How to Provide Comments—During the scoping period, maps and other project information will be available on the project's website (http://parkplanning.nps.gov/POREGMPA). Public open houses will be conducted to provide an opportunity for the public to share their comments and learn more about activities within the planning area. Details regarding the exact times and locations of these meetings will be announced on the project website and through local and regional media. The meetings will also be announced through email notification to individuals and organizations on the initial distribution list.

    If you wish to comment on the purpose, need, preliminary alternatives, or on any other issues associated with development of the draft GMP Amendment EIS, you may submit your comments by any one of several methods. The preferred method for commenting is online at http://parkplanning.nps.gov/POREGMPA. You may also mail or hand deliver comments to the Superintendent, Point Reyes National Seashore, 1 Bear Valley Road, Point Reyes Station, CA 94956. Written comments will also be accepted at the public open houses. Comments will not be accepted by fax, email, or by any method other than those specified above. Bulk comments in any format (hard copy or electronic) submitted on behalf of others will not be accepted.

    Public Availability of Comments—Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Authority:

    40 CFR 1501.7.

    Dated: October 19, 2018. Colin Smith, Acting Regional Director, Pacific West Region, National Park Service.
    [FR Doc. 2018-23807 Filed 10-30-18; 8:45 am] BILLING CODE 4312-52-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1074] Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies; Notice of Request for Statements on the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the presiding administrative law judge has issued a final Initial Determination on section 337 violation and a Recommended Determination on remedy and bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a section 337 violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

    FOR FURTHER INFORMATION CONTACT:

    Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-4716. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may also be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), provides that if the Commission finds a violation, it shall exclude the articles concerned from the United States unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1).

    The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation, i.e.: (1) A general exclusion order (“GEO”) against certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies; and (2) a cease and desist order (“CDO”) against one of the defaulted respondents, namely, Fractioni (Hongkong) Ltd.

    The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, parties are to file public interest submissions pursuant to pursuant to 19 CFR 210.50(a)(4). In addition, members of the public are hereby invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge's Recommended Determination on remedy and bonding issued in this investigation on October 23, 2018. Comments should address whether issuance of the GEO and CDO in this investigation, should the Commission find a violation, would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the recommended orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the GEO and CDO would impact consumers in the United States.

    Written submissions from the public must be filed no later than close of business on Friday, November 16, 2018.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (“Inv. No. 337-TA-1074”) in a prominent place on the cover page and/or the first page. See Handbook on Filing Procedures, (https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding filing should contact the Secretary (202-205-2000).

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50 of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.50).

    By order of the Commission.

    Issued: October 25, 2018. Jessica Mullan, Attorney Advisor.
    [FR Doc. 2018-23761 Filed 10-30-18; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-614 and 731-TA-1431 (Preliminary)] Magnesium From Israel; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-614 and 731-TA-1431 (Preliminary) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of magnesium from Israel, provided for in subheadings 8104.11.00, 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of Israel. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by December 10, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by December 17, 2018.

    DATES:

    October 24, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Julie Duffy ((202) 708-2579), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to a petition filed on October 24, 2018, by US Magnesium LLC, Salt Lake City, Utah.

    For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).

    Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance.

    Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

    Conference.—The Commission's Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on Wednesday, November 14, 2018, at the U.S. International Trade Commission Building, 500 E Street SW, Washington, DC. Requests to appear at the conference should be emailed to [email protected] (DO NOT FILE ON EDIS) on or before November 9, 2018. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference.

    Written submissions.—As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before November 19, 2018, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's website at https://edis.usitc.gov, elaborates upon the Commission's rules with respect to electronic filing.

    In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

    Certification.—Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of these or related investigations or reviews, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements.

    Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: October 25, 2018. Jessica Mullan, Attorney Advisor.
    [FR Doc. 2018-23758 Filed 10-30-18; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Stipulation Under the Clean Air Act, the Emergency Planning and Community Right-to-Know Act of 1986, and the Comprehensive Environmental Response, Compensation, and Liability Act

    On October 23, 2018, the Department of Justice lodged a proposed Stipulation (“Stipulation”) with the United States District Court for the District of Massachusetts in the lawsuit entitled United States v. Stavis Seafoods, Inc., Civil Action No. 1:18-cv-12199. In the Complaint, the United States, on behalf of the U.S. Environmental Protection Agency (“EPA”), alleges that Stavis Seafoods, Inc. (“Stavis”) violated the Clean Air Act, 42 U.S.C. 7412(r)(1), for a release of anhydrous ammonia and associated violation of the requirements under the Clean Air Act's General Duty Clause, such as a failure to conduct a process hazard analysis, failure to maintain the facility in the adequate manner, and failure to minimize the consequences of a release. The Complaint also contains allegations under the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11022, and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9603(a) for Stavis' failure to properly report its inventory of hazardous substances and for failing to comply with emergency notification requirements. The proposed Stipulation in this case requires Stavis to pay a civil penalty of $700,000.

    The publication of this notice opens a period for public comment on the proposed Stipulation. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Stavis Seafoods, Inc., D.J. Ref. No. 90-5-2-1-11574. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the proposed Stipulation may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed Stipulation upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $9.50 (25 cents per page reproduction cost), payable to the United States Treasury.

    Robert Maher, Assistant Section Chief, Environmental Enforcement Section, Environment & Natural Resources Division.
    [FR Doc. 2018-23736 Filed 10-30-18; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

    On October 17, 2018, the Department of Justice lodged a Consent Decree agreed to with defendant Exxon Mobil Corporation (“ExxonMobil”) in the United States District Court for the Northern District of West Virginia. The Consent Decree resolves the United States' claims under Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9606 and 9607, for the performance of response actions and for payment of response costs incurred in connection with the release of hazardous substances at the Sharon Steel Corp/Fairmont Coke Works Superfund Site, located in Fairmont, West Virginia. The Consent Decree also resolves related claims brought by the State of West Virginia, through the West Virginia Department of Environmental Protection. The Complaint filed concurrently with the Consent Decree alleges that ExxonMobil, through a predecessor company, owned and operated a production facility at the Site that processed coal to produce coke. The by-products produced from the coke-making process included coal tar, phenol, ammonium sulfate, benzene, toluene, and xylene. The production waste was disposed of in on-site landfills, sludge ponds, and waste piles. The proposed Consent Decree obligates Exxon to pay for all future EPA and WVDEP response cost, and reimburse $250,000 of the United States' past response costs. ExxonMobil will perform the work at the Site pursuant to the proposed Consent Decree.

    The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States of America, et al v. Exxon Mobil Corporation, Civil Action No. 1:18-cv-00195 (N.D. W.Va.), DOJ number 90-11-3-06663/2. All comments must be submitted no later than 30 days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Under Section 7003(d) of RCRA, 42 U.S.C. 6973(d), a commenter may request an opportunity for a public meeting in the affected area.

    During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $59.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $10.50.

    Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2018-23765 Filed 10-30-18; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE [OMB Number 1121-0312] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection: 2018-2020 Survey of State Criminal History Information Systems (SSCHIS) AGENCY:

    Bureau of Justice Statistics, Department of Justice.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Statistics, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted for 60 days until December 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Devon Adams, Supervisory Program Manager, Bureau of Justice Statistics, 810 Seventh Street NW, Washington, DC 20531 (email: [email protected]; telephone: (202-305-0765).

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    (1) Type of Information Collection: Revision of a currently collection approved collection.

    (2) The Title of the Form/Collection: 2018-2020 Survey of State Criminal History Information Systems (SSCHIS).

    (3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is N/A. The applicable component within the Department of Justice is the Bureau of Justice Statistics, in the Office of Justice Programs.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Respondents are state government agencies, primarily state criminal history record repositories. The SSCHIS report, the most comprehensive data available on the collection and maintenance of information by state criminal history record systems, describes the status of such systems and record repositories on a biennial basis. Data collected from state record repositories serves as the basis for estimating the percentage of total state records that are immediately available through the FBI's Interstate Identification Index (III), and the percentage of arrest records that include dispositions. Other data presented include the number of records maintained by each state, the percentage of automated records in the system, and the number of states participating in the National Fingerprint File and the National Crime Prevention and Privacy Compact which authorizes the interstate exchange of criminal history records for noncriminal justice purposes. The SSCHIS also contains information regarding the timeliness and completeness of data in state record systems and procedures employed to improve data quality.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The total number of respondents is 56. The average length of time per respondent is 6.75 hours. This estimate is based on the average amount of time reported by five states that reviewed the survey.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total burden associated with this collection is estimated to be 378 hours.

    If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.

    Dated: October 26, 2018. Melody Braswell. Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2018-23779 Filed 10-30-18; 8:45 am] BILLING CODE 4410-18-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under The Clean Air Act, The Comprehensive Environmental Response, Compensation, and Liability Act, and The Emergency Planning and Community Right-To-Know Act

    On October 24, 2018, the Department of Justice and the State of Mississippi filed a complaint and lodged a proposed Consent Decree with the United States District Court for the Northern District of California (“Court”) in the matter of United States of America and the State of Mississippi v. Chevron U.S.A. Inc., Civil Action No. 4:18-cv-06506 (N.D. Cal.).

    The proposed Consent Decree resolves certain claims brought under Section 112(r)(7) of the Clean Air Act (“CAA”), 42 U.S.C. 7412(r)(7), at the four petroleum refineries owned and operated by Chevron U.S.A. Inc. (“Chevron”), which are located in Richmond, California; El Segundo, California; Pascagoula, Mississippi; and Salt Lake City, Utah; as well as a fifth petroleum refinery formerly owned and operated by Chevron, located in Kapolei, Hawaii. The State of Mississippi is also resolving its related state law claims at the refinery located in Pascagoula, Mississippi. The proposed Consent Decree also resolves certain claims brought under Section 112(r)(1) of the Clean Air Act, 42 U.S.C. 7412(r)(1), at the refineries located in Richmond, California, and Pascagoula, Mississippi; under Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9603, at the refinery located in Richmond, California; and under Section 304 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”), 42 U.S.C. 11004, at the refinery located in Richmond, California; and certain findings of violation previously issued by the U.S. Environmental Protection Agency (“EPA”) in Richmond, California. The claims alleged in the complaint and resolved in the proposed Consent Decree concern Chevron's prevention and mitigation of accidental chemical releases, including actual releases that occurred in Richmond, California in 2012, in El Segundo, California in 2013, and in Pascagoula, Mississippi in 2013.

    The Consent Decree requires Chevron to perform safety improvements to all its U.S. petroleum refineries. These improvements include the replacement of vulnerable pipes, the implementation of “integrity operating window” parameters and alarms, the conducting of additional corrosion inspections, the implementation of additional employee training, and the centralization of safety authority within the corporation. The Consent Decree also requires Chevron to pay a civil penalty of $2,950,000, of which $2,492,750 will be paid to the United States and $457,250 to the State of Mississippi; and requires Chevron to perform Supplemental Environmental Projects valued at $10,000,000, consisting of the provision of emergency response equipment to local jurisdictions surrounding the five refineries at issue in the complaint.

    The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States of America and the State of Mississippi v. Chevron U.S.A. Inc., D.J. Ref. No. 90-5-2-1-11576. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https://www.usdoj.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $25.00 (25 cents per page reproduction cost) payable to the United States Treasury.

    Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2018-23735 Filed 10-30-18; 8:45 am] BILLING CODE 4410-15-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (18-085)] NASA Advisory Council; Regulatory and Policy Committee; Meeting AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, as amended, the National Aeronautics and Space Administration (NASA) announces the first meeting of the Regulatory and Policy Committee of the NASA Advisory Council. This Committee reports to the NAC.

    DATES:

    Friday, November 16, 2018, from 2:00-5:00 p.m., Eastern Time.

    ADDRESSES:

    NASA Headquarters, Program Review Center (PRC), Room 9H40, 300 E Street SW, Washington, DC 20546.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Andrew Rowe, Designated Federal Officer, Office of Legislative and Intergovernmental Affairs, NASA Headquarters, Washington, DC 20546, (202) 358-4269 or [email protected]

    SUPPLEMENTARY INFORMATION:

    This meeting will be open to the public up to the capacity of the meeting room. This meeting is also available telephonically and by WebEx. You must use a touch-tone phone to participate in this meeting. Any interested person may dial the toll number 1-415-228-4998 or toll free number 1-888-810-9156 and then the numeric passcode 9872135, followed by the # sign, on both days. NOTE: If dialing in, please “mute” your phone. To join via WebEx, the link is https://nasaenterprise.webex.com/. The meeting number is 906 737 987 and the meeting password is [email protected] (case sensitive).

    The agenda for the meeting will include:

    —Export Control Issues —Intellectual Property Waivers —Stimulating Commercial Activities on the International Space Station —Leveraging Excess Commercial Crew Seats to Support Private Sector Habitats and Free-Flying Commercial Space Station Development and Utilization —Use of the NASA Logo —Branding and Endorsements Review

    Attendees will be requested to sign a register and to comply with NASA Headquarters security requirements, including the presentation of a valid picture ID to NASA Security before access to NASA Headquarters. Foreign nationals attending this meeting will be required to provide a copy of their passport and visa in addition to providing the following information no less than 10 days prior to the meeting: Full name; gender; date/place of birth; citizenship; passport information (number, country, telephone); visa information (number, type, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/position of attendee. To expedite admittance, attendees that are U.S. citizens and Permanent Residents (green card holders) are requested to provide full name and citizenship status no less than 3 working days prior to the meeting. Information should be sent to Mr. Andrew Rowe, at [email protected]

    Patricia Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration.
    [FR Doc. 2018-23724 Filed 10-30-18; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (18-086)] Notice of Information Collection AGENCY:

    National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of information collection.

    SUMMARY:

    The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    All comments should be submitted within 60 calendar days from the date of this publication.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to NASA Paperwork Reduction Act Clearance Officer, Code JF000, National Aeronautics and Space Administration, Washington, DC 20546-0001 or [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Gatrie Johnson, NASA Clearance Officer, NASA Headquarters, 300 E Street SW, JF000, Washington, DC 20546, or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    The NASA Ames Research Center, Human Systems Integration Division, manages voluntary safety reporting systems to collect and share safety information including, but not limited to, the NASA Aviation Safety Reporting System (ASRS) and the Confidential Close Call Reporting System (C3RS). Both systems are voluntary reporting systems for the reporting of safety incidents, events, or situations. Respondents include, but are not limited to, any participant involved in safety-critical domains such as aviation or railway operations including commercial and general aviation pilots, drone operators, air traffic controllers, flight attendants, ground crews, maintenance technicians, dispatchers, train engineers, conductors, and other members of the public.

    The collected safety data are used by NASA, Federal Aviation Administration (FAA), Federal Railroad Administration (FRA), and other organizations that are engaged in research and the promotion of safety. The data are used to (1) Identify deficiencies and discrepancies so that these can be remedied by appropriate authorities, (2) Support policy formulation and planning for improvements and, (3) Strengthen the foundation of human factors safety research. Respondents are not reimbursed for associated cost to provide the information. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record.

    II. Method of Collection

    NASA collects this information electronically and that is the preferred manner, however information may also be collected via mail.

    III. Data

    Title: NASA ASRS and Related Voluntary Safety Reporting Systems.

    OMB Number:

    Type of Review: Existing Information Collection in use without OMB Approval.

    Affected Public: Individuals.

    Estimated Number of Respondents: 100,000 annually.

    Estimated Time per Response: 30 minutes.

    Estimated Total Annual Burden Hours: 50,000 hours.

    Estimated Total Annual Cost: $3.88 M.

    IV. Request for Comments

    Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collection has practical utility; (2) the accuracy of NASA's estimate of the burden (including hours and cost) of the propose collection of information; (3) ways to minimize the burden of the collection of information on respondents. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record.

    Gatrie Johnson, NASA PRA Clearance Officer.
    [FR Doc. 2018-23723 Filed 10-30-18; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (18-087)] Notice of Information Collection AGENCY:

    National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of information collection.

    SUMMARY:

    The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections.

    DATES:

    All comments should be submitted within 60 calendar days from the date of this publication.

    ADDRESSES:

    All comments should be addressed to Gatrie Johnson, National Aeronautics and Space Administration, 300 E Street SW, Washington, DC 20546-0001.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Gatrie Johnson, NASA Clearance Officer, NASA Headquarters, 300 E Street SW, JF0000, Washington, DC 20546 or email [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This is a request for authorization to collect information under the NASA Federal Acquisition Regulation Supplement (NFS) Clause, 1852.223-70, Safety and Health Measures and Mishap Reporting, formerly entitled “Safety and Health.” While the clause is proposed to be revised to eliminate some information collected requirements, two distinct information collection requirements will remain 1) notification of a Type A, B, C, or D Mishap, or a close call as defined in NASA Procedural Requirements (NPR) 8621.1 Mishap and Close Call Reporting, Investigating and Recordkeeping, and 2) quarterly reports specifying lost-time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses.

    II. Methods of Collection

    Electronic.

    III. Data

    Title: Safety and Health Measures and Mishap Reporting.

    OMB Number: 2700-0160.

    Type of review: Renewal.

    NSF clause 1852.223-70, Safety and health measures and mishap reporting. Under this clause, NASA contractors are to immediately notify the contracting officer when a mishap (Type A, B, C, D or Close Call) occurs. The data the contractors provide to NASA includes incident location, date and time of incident, number of fatalities if known, number of hospitalized employees if known, type of injury if known, type of damage if known, contact person, contact person phone, number, and brief description of the incident.

    NASA estimates that the notification of a mishap will take a contractor approximately 4 hours, counting initial notifications, supervisory notifications, and contracting officer notifications. The chart below shows the number of mishaps, by category, reported by NASA contractors for calendar years 2013 and 2014. The Federal Procurement Data System data for fiscal year 2015 shows award of approximately 154 contract actions involved performance on a NASA facility.

    Classification 2013 2014 Type A 0 1 Type B 3 1 Type C 125 139 Type D 166 160 Total 294 301

    The purpose of tracking mishaps is for oversight of safety measures of current contractors working on Federal facilities and data for future source selections. For purposes of calculating burden, we estimate a given contractor may submit two mishaps notifications in a year and that this will take each notification approximately 4 hours to collect the information needed, review it, and provide it to the contracting officer. Generally, the contractor's supervisory personnel would collect the information. It is likely the firm's safety manager or equivalent position would review the information before submitting it to the contracting officer.

    NASA estimates that it will take a contractor approximately 5 hours to prepare and deliver the quarterly report.

    A. Annual Information Collection Reporting Burden 1852.223-70—Safety and Health Measures and Mishap Reporting Reporting requirement Respondents Responses per
  • respondent
  • Total
  • responses
  • Hours per
  • response
  • Hours
  • estimated
  • 1. Notification of a Type A, B, C, or D Mishap, or close call 154 2 308 4 1,232 2. Quarterly reports specifying lost-time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses 154 4 616 5 3,080 Total 6 924 *5 4,312 * This is an average for the total number of hours (4,313) divided by the total number of responses (924) resulting in 4.67 total hours per responses, rounded up to the nearest whole number or 5.

    For notifying the contracting officer of a mishap, it is estimated a company supervisor would collect the information, then the company Occupational Health and Safety Specialist would review the information before it is submitted to the Government.

    For calculating the quarterly reports, specifying lost-time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses, it is estimated to take approximately 5 hours. This includes an Occupational Health and Safety Specialist gathering the records, analyzing the data, and a company official reviewing the data before the report is submitted to the Government.

    Labor category Mishap notification/year Time
  • (hours)
  • Hourly
  • rate
  • Total
  • cost
  • Quarterly report/year Time
  • (hours)
  • Hourly
  • rate
  • Total
  • cost
  • Occupational Health and Safety Specialist 7 $45.49 $318.43 18 $45.49 $818.82 Manager 1 63.03 63.03 2 63.03 126.06 Total 8 381.46 20 944.88

    Generally, two labor categories will be involved in the requirements of this information collection: Occupational Health and Safety Specialist and a company supervisor or manager. The Occupational Health and Safety Specialist is estimated to be equivalent to the mid-point (step 5) of the General Schedule (GS) GS-12 with an hourly rate of $33.39 (from the 2015 OPM GS Salary Table). The manager/supervisor is estimated to be equivalent to the mid-point for a GS-14 at an hourly rate of $46.92. For both labor categories, the overhead/burden rate of 36.25%, based on the OMB-mandated burden rate for A-76 public-private competitions, is added (e.g., GS 12, Step 5 $33.39/hour × 1.3625 = $45.49 burdened hourly rate. For a manager/supervisor at a rate of $46.92, the burdened hourly rate is $63.03.

    Estimated Summary of Annual Total Cost to the Public of Information Collection Reporting Burden:

    Number of respondents: 154.

    Responses per respondent: 6.

    Total annual responses: 924.

    Average number of hours per response: 4.67.

    Total hours: 4,312.

    Rate per hour (average): $54.

    Total annual cost to public: $232,848.

    It is estimated that approximately 154 respondents will provide a total of 308 notifications of Type A, B, C, or D Mishap, or Close Call notifications (approximately 2 notifications per respondent per year). Additionally, each of 154 respondents will submit one quarterly report four times a year. Thus, responses from respondents are estimated to include 2 mishap notifications and 4 quarterly reports for a total of 6 responses annually per respondent. Based on these figures, the combine total number of responses per year for all respondents will be 308 mishap reports and 616 quarterly reports for a total of 924 total responses for all respondents. It is estimated to take a respondent approximately 4 hours to gather the required information and notify the contracting officer of a Type A, B, C, or D Mishap or Close Call. It is estimated to take respondents approximately 5 hours to prepare and submit each quarterly report specifying lost- time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses.

    B. Estimated Annual Information Collection Reporting Cost to the Government Clause requirement Responses Hours per
  • response
  • Government
  • hours
  • $/Hour Government $
    Mishap Notification 308 1 308 $45.49 $14,011 Quarterly Report Total annual Government cost 616 2 1,232 $45.49 $56,044 * The Government used a rate equivalent to a GS-12.

    Total Estimated Summary of the Annual Cost to the Government for Information Collection Reporting and Recordkeeping Burdens:

    Total hours: 1,540.

    Total annual Government cost: $70,054.60.

    * The Government used a rate equivalent to a GS-12.

    Total Estimated Summary of the Annual Cost to the Government for Information Collection Reporting and Recordkeeping Burdens:

    Total hours: 1,540.

    Total annual Government cost: $70,054.60.

    The estimates assume that not all efforts, such as retrieving and retaining records, are attributed solely to this information collection; only those actions resulting from this rule that are not customary to normal business practices are attributed to this estimate.

    IV. Request for Comments

    Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information; (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 automated collection techniques or the use of other forms of information technology.

    Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record.

    Gatrie Johnson, NASA PRA Clearance Officer.
    [FR Doc. 2018-23783 Filed 10-30-18; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA-2019-002] Records Schedules; Availability and Request for Comments AGENCY:

    National Archives and Records Administration (NARA).

    ACTION:

    Notice of availability of proposed records schedules; request for comments.

    SUMMARY:

    The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when agencies no longer need them for current Government business. The records schedules authorize agencies to preserve records of continuing value in the National Archives of the United States and to destroy, after a specified period, records lacking administrative, legal, research, or other value. NARA publishes notice in the Federal Register for records schedules in which agencies propose to destroy records they no longer need to conduct agency business. NARA invites public comments on such records schedules.

    DATES:

    NARA must receive requests for copies in writing by November 30, 2018. Once NARA finishes appraising the records, we will send you a copy of the schedule you requested. We usually prepare appraisal memoranda that contain additional information concerning the records covered by a proposed schedule. You may also request these. If you do, we will also provide them once we have completed the appraisal. You have 30 days after we send to you these requested documents in which to submit comments.

    ADDRESSES:

    You may request a copy of any records schedule identified in this notice by contacting Records Appraisal and Agency Assistance (ACRA) using one of the following means:

    Mail: NARA (ACRA), 8601 Adelphi Road, College Park, MD 20740-6001.

    Email: [email protected]

    Fax: 301-837-3698.

    You must cite the control number, which appears in parentheses after the name of the agency that submitted the schedule, and a mailing address. If you would like an appraisal report, please include that in your request.

    FOR FURTHER INFORMATION CONTACT:

    Margaret Hawkins, Director, by mail at Records Appraisal and Agency Assistance (ACRA), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, by phone at 301-837-1799, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    NARA publishes notice in the Federal Register for records schedules they no longer need to conduct agency business. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).

    Each year, Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing records retention periods and submit these schedules for NARA's approval. These schedules provide for timely transfer into the National Archives of historically valuable records and authorize the agency to dispose of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent.

    The schedules listed in this notice are media neutral unless otherwise specified. An item in a schedule is media neutral when an agency may apply the disposition instructions to records regardless of the medium in which it creates or maintains the records. Items included in schedules submitted to NARA on or after December 17, 2007, are media neutral unless the item is expressly limited to a specific medium. (See 36 CFR 1225.12(e).)

    Agencies may not destroy Federal records without Archivist of the United States' approval. The Archivist approves destruction only after thoroughly considering the records' administrative use by the agency of origin, the rights of the Government and of private people directly affected by the Government's activities, and whether or not the records have historical or other value.

    In addition to identifying the Federal agencies and any subdivisions requesting disposition authority, this notice lists the organizational unit(s) accumulating the records (or notes that the schedule has agency-wide applicability when schedules cover records that may be accumulated throughout an agency); provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction); and includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it also includes information about the records. You may request additional information about the disposition process at the addresses above.

    Schedules Pending

    1. Department of Agriculture, Forest Service (DAA-0095-2018-0017, 1 item, 1 temporary item). General correspondence, internal policies, and administrative studies related to wildland fire management program administration.

    2. Department of Agriculture, Forest Service (DAA-0095-2018-0018, 1 item, 1 temporary item). Wildfire prevention plans, policies, procedures, correspondence, and records documenting cost-efficient reduction of fire suppression expenditures.

    3. Department of Agriculture, Forest Service (DAA-0095-2018-0021, 2 items, 2 temporary items). Fire organization records, general correspondence, reports, plans, administrative policies, and procedures related to the wildland fire suppression and fire management programs.

    4. Department of Agriculture, Forest Service (DAA-0095-2018-0046, 1 item, 1 temporary item). Cost analysis and backup working papers related to timber accounting.

    5. Department of Agriculture, Forest Service (DAA-0095-2018-0050, 1 item, 1 temporary item). General procedures, mitigation reports, personnel tracking, and promotional records related to safety and occupational health.

    6. Department of Agriculture, Forest Service (DAA-0095-2018-0052, 2 items, 2 temporary items). General correspondence, preparation, improvement, and production survey and report records relating to silvicultural practices.

    7. Department of Agriculture, Forest Service (DAA-0095-2018-0053, 1 item, 1 temporary item). General correspondence related to radioactive material use permits and safety procedures.

    8. Department of Agriculture, Forest Service (DAA-0095-2018-0055, 1 item, 1 temporary item). General correspondence, data analysis and reports, and standards of operation related to water resource management.

    9. Department of Homeland Security, Transportation Security Administration (DAA-0560-2018-0015, 1 item, 1 temporary item). Records related to the voluntary reassignment of employees.

    10. Bureau of Consumer Financial Protection, Office of the Chief Information Officer (DAA-0587-2018-0001, 1 item, 1 temporary item). Public website content duplicative of original information maintained by program offices.

    11. National Archives and Records Administration, Research Services (N2-169-18-1, 1 item, 1 temporary item). Oscar S. Cox personal and official files. Records will be disposed of by donation to the Franklin Delano Roosevelt Presidential Library.

    Laurence Brewer, Chief Records Officer for the U.S. Government.
    [FR Doc. 2018-23760 Filed 10-30-18; 8:45 am] BILLING CODE 7515-01-P
    NATIONAL SCIENCE FOUNDATION Agency Information Collection Activities: Comment Request; Education and Human Resources Program Monitoring Clearance AGENCY:

    National Science Foundation.

    ACTION:

    Notice.

    SUMMARY:

    The National Science Foundation (NSF) is announcing plans to renew this collection. In accordance with the requirements of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting Office of Management and Budget (OMB) clearance of this collection for no longer than 3 years.

    DATES:

    Written comments on this notice must be received by December 31, 2018 to be assured consideration. Comments received after that date will be considered to the extent practicable. Send comments to address below.

    FOR FURTHER INFORMATION CONTACT:

    Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 2415 Eisenhower Avenue, Suite W18253, Alexandria, Virginia 22314; telephone (703) 292-7556; or send email to [email protected] Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including Federal holidays).

    SUPPLEMENTARY INFORMATION:

    Comments: Comments are invited on (a) whether the proposed collection of information is necessary for the proper performance of the functions of the NCSES, including whether the information will have practical utility; (b) the accuracy of the NCSES's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected, including through the use of automated collection techniques or other forms of information technology; 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 collection techniques or other forms of information technology.

    Title of Collection: Education and Human Resources Program Monitoring Clearance.

    OMB Approval Number: 3145-0226.

    Expiration Date of Approval: April 30, 2019.

    Type of Request: Intent to seek renewal of an information collection.

    Abstract: The National Science Foundation (NSF) requests re-clearance of program accountability data collections that describe and track the impact of NSF funding that focuses on the Nation's science, technology, engineering, and mathematics (STEM) education and STEM workforce. NSF funds grants, contracts, and cooperative agreements to colleges, universities, and other eligible institutions, and provides graduate research fellowships to individuals in all parts of the United States and internationally.

    The Directorate for Education and Human Resources (EHR), a unit within NSF, promotes rigor and vitality within the Nation's STEM education enterprise to further the development of the 21st century's STEM workforce and public scientific literacy. EHR does this through diverse projects and programs that support research, extension, outreach, and hands-on activities that service STEM learning and research at all institutional (e.g., pre-school through postdoctoral) levels in formal and informal settings; and individuals of all ages (birth and beyond). EHR also focuses on broadening participation in STEM learning and careers among United States citizens, permanent residents, and nationals, particularly those individuals traditionally underemployed in the STEM research workforce, including but not limited to women, persons with disabilities, and racial and ethnic minorities.

    The scope of this information collection request will primarily cover descriptive information gathered from education and training (E&T) projects that are funded by NSF. NSF will primarily use the data from this collection for program planning, management, and audit purposes to respond to queries from the Congress, the public, NSF's external merit reviewers who serve as advisors, including Committees of Visitors (COVs), the NSF's Office of the Inspector General, and as a basis for either internal or third-party evaluations of individual programs.

    The collections will generally include three categories of descriptive data: (1) Staff and project participants (data that are also necessary to determine individual-level treatment and control groups for future third-party study or for internal evaluation); (2) project implementation characteristics (also necessary for future use to identify well-matched comparison groups); and (3) project outputs (necessary to measure baseline for pre- and post- NSF-funding-level impacts).

    Use of the Information: This information is required for effective administration, communication, program and project monitoring and evaluation, and for measuring attainment of NSF's program, project, and strategic goals, and as identified by the President's Accountability in Government Initiative; GPRA, and the NSF's Strategic Plan. The Foundation's FY 2014-2018 Strategic Plan may be found at: http://www.nsf.gov/pubs/2014/nsf14043/nsf14043.pdf.

    Since this collection will primarily be used for accountability and evaluation purposes, including responding to queries from COVs and other scientific experts, a census rather than sampling design typically is necessary. At the individual project level funding can be adjusted based on individual project's responses to some of the surveys. Some data collected under this collection will serve as baseline data for separate research and evaluation studies.

    NSF-funded contract or grantee researchers and internal or external evaluators in part may identify control, comparison, or treatment groups for NSF's E&T portfolio using some of the descriptive data gathered through this collection to conduct well-designed, rigorous research and portfolio evaluation studies.

    Respondents: Individuals or households, not-for-profit institutions, business or other for profit, and Federal, State, local or tribal government.

    Number of Respondents: 2,160.

    Burden on the Public: NSF estimates that a total reporting and recordkeeping burden of 39,802 hours will result from activities to monitor EHR STEM education programs. The calculation is shown in table 1.

    Table 1—Anticipated Programs That Will Collect Data on Project Progress and Outcomes Along With the Number of Respondents and Burden Hours per Collection per Year Collection title Number of
  • respondents
  • Number of
  • responses
  • Annual hour
  • burden
  • Centers of Research Excellence in Science and Technology (CREST) and Historically Black Colleges and Universities Research Infrastructure for Science and Engineering (HBCU-RISE) Monitoring System 30 30 1,650 Integrative Graduate Education and Research Traineeship Program (IGERT) Monitoring System 35 35 1,890 Louis Stokes Alliances for Minority Participation (LSAMP) Monitoring System 602 602 13,846 Louis Stokes Alliances for Minority Participation Bridge to the Doctorate (LSAMP-BD) Monitoring System 56 56 2,128 Robert Noyce Teacher Scholarship Program (Noyce) Monitoring System 460 460 6,440 Scholarships in Science, Technology, Engineering, and Mathematics (S-STEM) Monitoring System 700 1,750 4,200 Science, Technology, Engineering, and Mathematics Talent Expansion Program (STEP) Monitoring System 277 277 6,648 Total 2,160 3,210 39,802
    Dated: October 26, 2018. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
    [FR Doc. 2018-23784 Filed 10-30-18; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION [License No. XW019; Docket No. 11005986; NRC-2018-0245] Perma-Fix Northwest Richland, Inc.; Correction AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Export license application; opportunity to comment, request a hearing, and petition for leave to intervene; extension of comment period and correction.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register (FR) on October 24, 2018, regarding the review of an export license application (XW019), submitted by Perma-Fix Northwest Richland, Inc. (PFNW). This action is necessary to correct the Regulations.gov Docket ID provided to the public for obtaining information and submitting comments through the Federal rulemaking website. In addition, the NRC is extending the period for commenting, requesting a hearing, and petitioning for leave to intervene.

    DATES:

    The comment period and the date to request a hearing, and petition for leave to intervene in the document published on October 24, 2018 (83 FR 53666) is extended. Comments must be filed by November 30, 2018. Requests for a hearing or petition for leave to intervene must be filed by November 30, 2018. The correction is effective October 31, 2018.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0245. Address questions about Docket IDs in Regulations.gov to Jennifer Borges; telephone: 301-287-9127; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Email comments to: [email protected] If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.

    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.

    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Andrea R. Jones, Office of International Programs, telephone: 404-997-4443; email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    SUPPLEMENTARY INFORMATION:

    In the FR on October 24, 2018 (83 FR 53666), correct the Federal rulemaking website Docket ID from “NRC-2012-7946” to “NRC-2018-0245.”

    Dated at Rockville, Maryland, this 25th day of October 2018.

    For the Nuclear Regulatory Commission.

    Cindy K. Bladey, Federal Register Liaison Officer, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards.
    [FR Doc. 2018-23828 Filed 10-30-18; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket No. 40-3392; NRC-2017-0143] Honeywell, International, Inc.; Metropolis Works Uranium Conversion Facility AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Draft environmental assessment and draft finding of no significant impact; request for comments.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft environmental assessment (EA) and draft finding of no significant impact (FONSI) for the proposed renewal of NRC source materials license SUB-526 for Honeywell, International, Inc.'s Metropolis Works uranium conversion facility. The draft EA, “Draft Environmental Assessment for the Proposed Renewal of Source Materials License SUB-526, Metropolis Works Uranium Conversion Facility (Massac County, Illinois),” documents the NRC staff's environmental review of the license renewal application.

    DATES:

    Comments must be filed no later than November 30, 2018. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0143. Address questions about Docket IDs in Regulations.gov to Jennifer Borges; telephone: 301-287-9127; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Mail comments to: May Ma, Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    Email comments to: [email protected]

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Christine Pineda, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-6789; email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    SUPPLEMENTARY INFORMATION:

    I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket NRC-2017-0143 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:

    Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0143.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2017-0143 in your comment submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

    II. Introduction

    The NRC is considering a request for the renewal of Honeywell International, Inc.'s (Honeywell's) source materials license SUB-526, which authorizes Honeywell to operate a uranium hexafluoride processing (or uranium conversion) plant at the Metropolis Works Facility, located near Metropolis, in Massac County, Illinois. The facility was constructed in 1958, and uranium hexafluoride was first produced for several years beginning in 1959 for the U.S. Government. In 1968, the facility began producing uranium hexafluoride for commercial purposes.

    In accordance with the NRC's regulations in part 51 of title 10 of the Code of Federal Regulations (10 CFR), “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,” that implement the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), the NRC staff has prepared a draft EA documenting its environmental review of the license renewal application (ADAMS Accession Nos. ML17048A243, ML17048A244, and ML18029A119). Based on the environmental review, the NRC has made a preliminary determination that the proposed action will not significantly affect the quality of the human environment and that a FONSI is therefore appropriate.

    By this notice, the NRC is requesting public comment on the draft FONSI and supporting draft EA.

    III. Summary of Draft Environmental Assessment

    The draft EA is publicly available in ADAMS using ADAMS Accession No. ML18283B378, or at this link: https://www.nrc.gov/docs/ML1828/ML18283B378.pdf. A summary description of the proposed action and expected environmental impacts is provided below.

    Description of the Proposed Action

    The proposed Federal action is approval of Honeywell's license renewal request, which if granted would allow Honeywell to continue conversion of uranium ore concentrates, also known as yellowcake, to uranium hexafluoride. The proposed action analyzed in the draft EA accounts for a renewed license term of 40 years, which is the term Honeywell has requested. The proposed action and proposed license conditions, would allow Honeywell to continue to receive, possess, store, use, and ship source material. Honeywell would continue the conversion of uranium ore concentrates to uranium hexafluoride at an authorized capacity of 15,000 metric tons (16,535 tons). Honeywell would continue to ship the uranium hexafluoride product to enrichment facilities for processing into enriched uranium.

    Environmental Impacts of the Proposed Action

    In the draft EA, the NRC staff assessed the potential environmental impacts from the proposed license renewal associated with the following resource areas: Land use; geology and soils; water resources; ecological resources; cultural resources; air quality; socioeconomics; environmental justice; scenic and visual resources; public and occupational health; transportation; and waste management. The NRC staff also considered the cumulative impacts from past, present, and reasonably foreseeable future actions when combined with the proposed action.

    The NRC staff determined that continued Honeywell operations would not result in significant environmental impacts, as described in the EA. The staff concluded that approval of the proposed action would not result in a significant increase in short-term or long-term radiological risk to public health or the environment. Furthermore, the NRC staff found that the incremental impacts from the proposed action, when added to the impacts of other past, present, and reasonably foreseeable future actions, would not contribute significantly to cumulative environmental impacts.

    Environmental Impacts of the Alternatives to the Proposed Action

    As one alternative to the proposed action, the NRC staff considered denial of Honeywell's license renewal request (i.e., the “no-action” alternative). Under the no-action alternative, Honeywell would need to stop operations permanently and submit a decommissioning plan. Under this alternative, Honeywell would need to submit a decommissioning plan for NRC review and approval. This would entail an environmental review to assess the potential impacts associated with the proposed decommissioning action. The NRC determined for this EA that the potential environmental impacts of the no-action alternative (prior to decommissioning) would not be significant.

    As another alternative, the NRC considered approval of Honeywell's renewal request, but for a duration of less than 40 years (the “reduced duration alternative”). Honeywell would continue operating for a period of less than 40 years, resulting in potential impacts that would be similar to or less than the impacts of the proposed action.

    IV. Draft Finding of No Significant Impact

    In accordance with NEPA and 10 CFR part 51, the NRC staff has conducted an environmental review of Honeywell's request to renew NRC source materials license SUB-526 to allow Honeywell to continue its uranium conversion operations. Based on its environmental review of the proposed action, as documented in the draft EA, the NRC staff preliminarily determined that granting the requested license renewal would not significantly affect the quality of the human environment. Therefore, the NRC staff makes its preliminary determination, pursuant to 10 CFR 51.31, that the preparation of an environmental impact statement (EIS) is not required for the proposed action and a FONSI is appropriate.

    The draft FONSI and supporting draft EA are a preliminary analysis of the environmental impacts of the proposed action and its alternatives. Based on comments received on the draft FONSI and draft EA, the staff may publish a final FONSI and final EA, or instead may find that preparation of an EIS is warranted should significant impacts resulting from the proposed action be identified. Should an EIS be warranted, a Notice of Intent to prepare the EIS will be published in the Federal Register.

    Pursuant to 10 CFR 51.33(a), the NRC staff is making the draft FONSI and draft EA available for public review and comment.

    Dated at Rockville, Maryland, this 25th day of October 2018.

    For the Nuclear Regulatory Commission.

    Brian W. Smith, Acting Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review, Office of Nuclear Material Safety and Safeguards.
    [FR Doc. 2018-23781 Filed 10-30-18; 8:45 am] BILLING CODE 7590-01-P
    OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION Privacy Act of 1974; System of Records AGENCY:

    Occupational Safety and Health Review Commission.

    ACTION:

    Notice of a Modified System of Records.

    SUMMARY:

    In accordance with the Privacy Act of 1974, the Occupational Safety and Health Review Commission (OSHRC) is revising the notice for Privacy Act system-of-records OSHRC-5.

    DATES:

    Comments must be received by OSHRC on or before November 30, 2018. The revised system of records will become effective on that date, without any further notice in the Federal Register, unless comments or government approval procedures necessitate otherwise.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Email: [email protected] Include “PRIVACY ACT SYSTEM OF RECORDS” in the subject line of the message.

    Fax: (202) 606-5417.

    Mail: One Lafayette Centre, 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457.

    Hand Delivery/Courier: Same as mailing address.

    Instructions: All submissions must include your name, return address, and email address, if applicable. Please clearly label submissions as “PRIVACY ACT SYSTEM OF RECORDS.”

    FOR FURTHER INFORMATION CONTACT:

    Ron Bailey, Attorney-Advisor, Office of the General Counsel, via telephone at (202) 606-5410, or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The Privacy Act of 1974, 5 U.S.C. 552a(e)(4), requires federal agencies such as OSHRC to publish in the Federal Register notice of any new or modified system of records. As detailed below, OSHRC is revising Office of the General Counsel Records, OSHRC-5, to accurately reflect the authorities for maintaining this system and its categories of records; to revise storage, safeguarding, and retrieval methods based on changes in practices; and to incorporate references to applicable General Records Schedules for disposal of records. In addition, OSHRC has previously relied on blanket routine uses to describe the circumstances under which records may be disclosed. Going forward, as revised notices are published for new and modified systems of records, a full description of the routine uses—rather than a reference to blanket routine uses—will be included in each notice. This is simply a change in format that has not resulted in any substantive changes to the routine uses for this system of records.

    The notice for OSHRC-5, provided below in its entirety, is as follows.

    System Name and Number: Office of the General Counsel Records, OSHRC-5. Security Classification:

    None.

    System Location:

    Office of the General Counsel, OSHRC, 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457.

    System Manager(s):

    Office of the General Counsel, OSHRC, 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457; (202) 606-5100.

    Authority for Maintenance of the System:

    5 U.S.C. 301; 5 U.S.C. 552; 29 U.S.C. 661; 44 U.S.C. 3101.

    Purpose(s) of the System:

    This system of records is maintained to assist management in making decisions with respect to case processing activities; to assist OSHRC attorneys in organizing their work product; and to assist in other matters assigned to the Office of the General Counsel, such as processing FOIA requests.

    Categories of Individuals Covered by the System:

    This system of records covers current and former OSHRC attorneys (including supervising attorneys), Commission members, and Administrative Law Judges (ALJs); Freedom of Information Act requesters; and parties in cases that have been, or presently are, before OSHRC.

    Categories of Records in the System:

    This system of records contains documents—filings and other materials—pertaining to cases before OSHRC. These documents may include the following categories of records: (1) The names and locations (city and state) of the individuals representing each party; (2) the names of sole proprietors cited by OSHA, as well as employees and other witnesses, and information describing those individuals, including job title and duties, medical history, and other descriptive information that is relevant to the disposition of a case; (3) the names and job titles of the Commissioners and ALJs. This system also contains other matters that have been assigned to the Office of the General Counsel for processing, such as FOIA requests, which include the names of FOIA requesters, contact information, and information concerning the requests. Finally, this system includes documents necessary for managerial oversite, such as charts relating to workflow and teleworking. These documents may include the names of OSHRC employees and the cases assigned to them, as well as the employees' contact information.

    Record Source Categories:

    Information in this system is derived from the individual to whom it applies or is derived from case processing records maintained by the Office of the Executive Secretary and the Office of the General Counsel.

    Routine Uses of Records Maintained in the System, Including Categories of Users and Purposes of Such Uses:

    In addition to disclosures generally permitted under 5 U.S.C. 552a(b), all or a portion of the records or information contained in this system of records may be disclosed as a routine use pursuant to 5 U.S.C. 552a(b)(3) under the circumstances or for the purposes described below, to the extent such disclosures are compatible with the purposes for which the information was collected:

    (1) To the Department of Justice (DOJ), or to a court or adjudicative body before which OSHRC is authorized to appear, when any of the following entities or individuals—(a) OSHRC, or any of its components; (b) any employee of OSHRC in his or her official capacity; (c) any employee of OSHRC in his or her individual capacity where DOJ (or OSHRC