Federal Register Vol. 83, No.223,

Federal Register Volume 83, Issue 223 (November 19, 2018)

Page Range58175-58461
FR Document

83_FR_223
Current View
Page and SubjectPDF
83 FR 58461 - Continuation of the National Emergency With Respect to BurundiPDF
83 FR 58250 - Sunshine Act MeetingPDF
83 FR 58300 - Sunshine Act MeetingPDF
83 FR 58201 - Review of Controls for Certain Emerging TechnologiesPDF
83 FR 58252 - Notice of Availability and Announcement of Public Meeting for the Draft Environmental Assessment for the Edward J. Schwartz Federal Building Structural Enhancements Project in San Diego, CaliforniaPDF
83 FR 58202 - User Fees Relating to Enrolled Agents and Enrolled Retirement Plan AgentsPDF
83 FR 58251 - Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Proposed U.S. Department of Homeland Security (DHS) Headquarters Consolidation at St. Elizabeths Master Plan Amendment #2PDF
83 FR 58261 - Notice of Interest Rate on Overdue DebtsPDF
83 FR 58274 - Intent To Request Extension From OMB of One Current Public Collection of Information: Air Cargo Security RequirementsPDF
83 FR 58261 - Activities Deemed Not To Be Research: Public Health Surveillance, 2018 RequirementsPDF
83 FR 58302 - Heliophysics Advisory Committee; MeetingPDF
83 FR 58301 - National Space-Based Positioning, Navigation, and Timing Advisory Board; MeetingPDF
83 FR 58318 - Projects Approved for Consumptive Uses of WaterPDF
83 FR 58304 - Proposal Review Panel for International Science and Engineering; Notice of MeetingPDF
83 FR 58262 - Prospective Grant of an Exclusive Patent License: Development and Commercialization of Chimeric Antigen Receptor (CAR) Therapies for the Treatment of FMS-Like Tyrosine Kinase 3 (FLT3) Expressing CancersPDF
83 FR 58263 - Center for Scientific Review; Notice of Closed MeetingPDF
83 FR 58264 - Center for Scientific Review; Notice of Closed MeetingPDF
83 FR 58265 - Government-Owned Inventions; Availability for LicensingPDF
83 FR 58264 - National Cancer Institute; Notice of MeetingPDF
83 FR 58263 - National Heart, Lung, and Blood Institute; Notice of MeetingsPDF
83 FR 58262 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
83 FR 58265 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
83 FR 58266 - Government-Owned Inventions; Availability for LicensingPDF
83 FR 58248 - Proposed Information Collection Request; Comment Request; Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs and Projects, EPA ICR No. 2130.06, OMB Control No. 2060-0561PDF
83 FR 58257 - Determination That REGITINE (Phentolamine Mesylate) Injection, 5 Milligrams/Vial, and Other Drug Products Were Not Withdrawn From Sale for Reasons of Safety or EffectivenessPDF
83 FR 58318 - Office of Commercial Space Transportation: Notice of Availability of the Final Environmental Assessment and Finding of No Significant Impact/Record of Decision for the Shuttle Landing Facility Launch Site Operator LicensePDF
83 FR 58315 - ABR Dynamic Funds, LLC, et al.PDF
83 FR 58281 - Agency Information Collection Activities; Secretarial ElectionsPDF
83 FR 58245 - Verdant Power, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing ProcessPDF
83 FR 58243 - Hydroelectric Licensing Regulations Under America's Water Infrastructure Act of 2018; Notice Establishing Schedule Pursuant to America's Water Infrastructure Act of 2018PDF
83 FR 58244 - North American Electric Reliability Corporation; Notice of FilingPDF
83 FR 58242 - Marine Renewable Energy Collaborative of New England; Notice of Intent To File License Application, Filing of Draft Application, Request for Waivers of Integrated Licensing Process Regulations Necessary for Expedited Processing of a Hydrokinetic Pilot Project License Application, and Soliciting CommentsPDF
83 FR 58244 - Cube Yadkin Generation, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and ProtestsPDF
83 FR 58278 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Student Transportation FormPDF
83 FR 58279 - Agency Information Collection Activities; Reindeer in AlaskaPDF
83 FR 58298 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Report of Theft or Loss of Explosives-ATF F 5400.5PDF
83 FR 58285 - Call for Nominations for the Grand Staircase-Escalante National Monument Advisory Committee, UtahPDF
83 FR 58237 - Notice of Orders Issued Under Section 3 of the Natural Gas Act During September 2018PDF
83 FR 58240 - Environmental Management Site-Specific Advisory Board, Portsmouth; MeetingPDF
83 FR 58240 - Advanced Scientific Computing Advisory Committee; MeetingPDF
83 FR 58239 - National Petroleum Council; MeetingPDF
83 FR 58282 - Notice of Withdrawal Extension Application, United States Air Force, Public Land Order No. 7419, and Opportunity for Public Meeting; NevadaPDF
83 FR 58272 - Soft Target Countermeasure SurveysPDF
83 FR 58301 - NASA Advisory Council; Technology, Innovation and Engineering Committee; MeetingPDF
83 FR 58300 - NASA Advisory Council; Human Exploration and Operations Committee; MeetingPDF
83 FR 58236 - Market Risk Advisory CommitteePDF
83 FR 58321 - Quarterly Publication of Individuals, Who Have Chosen To Expatriate, as Required by Section 6039GPDF
83 FR 58222 - Submission for OMB Review; Comment RequestPDF
83 FR 58185 - Drawbridge Operation Regulation; Sacramento River, Rio Vista, CAPDF
83 FR 58269 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0099PDF
83 FR 58271 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0070PDF
83 FR 58270 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0047PDF
83 FR 58268 - Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0018PDF
83 FR 58223 - Foreign-Trade Zone (FTZ) 176-Rockford, Illinois; Authorization of Production Activity Leading Americas Inc. (Wire Harnesses), Hampshire, IllinoisPDF
83 FR 58223 - Approval of Subzone Status; Digi-Key Corporation; Fargo, North DakotaPDF
83 FR 58229 - Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Rescission, in Part, of Antidumping Duty Administrative Review; 2017-2018PDF
83 FR 58231 - Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2016-2017PDF
83 FR 58229 - Certain Activated Carbon From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2016-2017PDF
83 FR 58223 - Foreign-Trade Zone (FTZ) 64-Jacksonville, Florida, Authorization of Production Activity, Bacardi USA, Inc. (Kitting of Alcoholic Beverages), Jacksonville, FloridaPDF
83 FR 58267 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
83 FR 58303 - Agency Information Collection Activities: Proposed Collection; Comment Request; Loan ParticipationPDF
83 FR 58302 - Submission for OMB Review; Comment RequestPDF
83 FR 58245 - Hydroelectric Licensing Regulations Under America's Water Infrastructure Act of 2018; Notice Inviting Federal and State Agencies and Indian Tribes To Request Participation in the Interagency Task Force Pursuant to America's Water Infrastructure Act of 2018PDF
83 FR 58246 - Records Governing Off-the-Record Communications; Public NoticePDF
83 FR 58241 - Combined Notice of FilingsPDF
83 FR 58243 - Bridgewater Power Company, L.P.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
83 FR 58247 - Combined Notice of Filings #1PDF
83 FR 58252 - Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry (BSC, NCEH/ATSDR)PDF
83 FR 58252 - Board of Scientific Counselors, National Center for Injury Prevention and Control (BSC NCIPC); CorrectionPDF
83 FR 58319 - Limitation on Claims Against Proposed Public Transportation ProjectsPDF
83 FR 58261 - National Biodefense Science Board Public TeleconferencePDF
83 FR 58283 - Notice of Availability of the Draft Oklahoma, Kansas, and Texas Joint Environmental Impact Statement/Bureau of Land Management Resource Management Plan and Bureau of Indian Affairs Integrated Resource Management PlanPDF
83 FR 58186 - Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PAPDF
83 FR 58259 - Report on the Performance of Drug and Biologics Firms in Conducting Postmarketing Requirements and Commitments; AvailabilityPDF
83 FR 58297 - Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Land Management, Utah State Office, Salt Lake City, UT, and Southern Utah University, Cedar City, UT; CorrectionPDF
83 FR 58294 - Notice of Inventory Completion: Marshall University, Huntington, WVPDF
83 FR 58286 - Notice of Inventory Completion: U.S. Department of Defense, Department of the Navy, Washington, DC; CorrectionPDF
83 FR 58277 - Foreign Endangered Species; Receipt of Permit ApplicationPDF
83 FR 58275 - Foreign Endangered Species; Marine Mammals; Receipt of Permit ApplicationsPDF
83 FR 58304 - Advisory Committee for Computer and Information Science and Engineering; Notice of MeetingPDF
83 FR 58303 - Advisory Committee for Social, Behavioral and Economic Sciences; Notice of MeetingPDF
83 FR 58267 - Notice of MeetingPDF
83 FR 58175 - Federal Employees Dental and Vision Insurance Program: Extension of Eligibility to Certain TRICARE-Eligible Individuals; Effective Date of EnrollmentPDF
83 FR 58299 - Advisory Committee on Construction Safety and Health (ACCSH); Charter RenewalPDF
83 FR 58319 - Hazardous Materials: Emergency Waiver No. 10PDF
83 FR 58320 - Hazardous Materials: Emergency Waiver No. 9PDF
83 FR 58299 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability ActPDF
83 FR 58249 - Incentive Auction Task Force and Media Bureau Announce Settlement Opportunity for Mutually Exclusive Displacement Applications Filed During the Special Displacement WindowPDF
83 FR 58266 - National Human Genome Research Institute; Notice of Closed MeetingPDF
83 FR 58264 - National Institute of Neurological Disorders and Stroke; Notice of Closed MeetingsPDF
83 FR 58260 - Meeting of the Advisory Committee on Infant MortalityPDF
83 FR 58249 - Meeting of the Broadband Deployment Advisory CommitteePDF
83 FR 58280 - Agency Information Collection Activities; Class III Gaming Procedures, Tribal Revenue Allocation Plans, and Gaming on Trust Lands Acquired After October 17, 1988PDF
83 FR 58307 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend the Volume Incentive ProgramPDF
83 FR 58274 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Designation of Attorney in Fact/Revocation of Attorney in FactPDF
83 FR 58306 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Exchange Rule 503 To Adopt Interpretations and Policies .02 and .03PDF
83 FR 58305 - New Postal ProductsPDF
83 FR 58315 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Amend NYSE Arca Rule 5.2-E(j)(6) Relating to Equity Index-Linked Securities Listing Standards Set Forth in NYSE Arca Rule 5.2-E(j)(6)(B)(I)PDF
83 FR 58309 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing of Amendment Nos. 1, 2, and 3 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1, 2, and 3, to List and Trade Corporate Non-Convertible Bonds on NasdaqPDF
83 FR 58271 - Agency Information Collection Activities: Screening Requirements for CarriersPDF
83 FR 58298 - Certain Non-Volatile Memory Devices and Products Containing Same; Commission Determination To Rescind Remedial Orders Issued in This Investigation Based Upon License and SettlementPDF
83 FR 58237 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Comprehensive Literacy Program Evaluation: Striving Readers Implementation StudyPDF
83 FR 58219 - Fisheries of the Northeastern United States; Mid-Atlantic Blueline Tilefish Fishery; 2019 and Projected 2020-2021 SpecificationsPDF
83 FR 58304 - Final Environmental Impact Statement (FEIS) for the Sacramento Peak Observatory, Sunspot, New MexicoPDF
83 FR 58260 - National Vaccine Injury Compensation Program: Revised Amount of the Average Cost of a Health Insurance PolicyPDF
83 FR 58250 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
83 FR 58206 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Allegheny, Pennsylvania Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient Air Quality StandardPDF
83 FR 58317 - Privacy Act of 1974; Matching ProgramPDF
83 FR 58253 - Medicare and Medicaid Programs: Application From the American Association for Accreditation of Ambulatory Surgery Facilities, Inc. (AAAASF) for Continued Approval of Its Ambulatory Surgical Center Accreditation ProgramPDF
83 FR 58255 - Medicare, Medicaid, and Children's Health Insurance Programs; Provider Enrollment Application Fee Amount for Calendar Year 2019PDF
83 FR 58184 - Airworthiness Directives; Bombardier, Inc., AirplanesPDF
83 FR 58196 - Airworthiness Directives; The Boeing Company AirplanesPDF
83 FR 58191 - Airworthiness Directives; Airbus Helicopters Deutschland GmbH HelicoptersPDF
83 FR 58194 - Airworthiness Directives; Pratt & Whitney Division Turbofan EnginesPDF
83 FR 58223 - Polyester Textured Yarn From India and the People's Republic of China: Initiation of Less-Than-Fair-Value InvestigationsPDF
83 FR 58232 - Polyester Textured Yarn From India and the People's Republic of China: Initiation of Countervailing Duty InvestigationsPDF
83 FR 58199 - Airworthiness Directives; Pratt & Whitney Division (PW) Turbofan EnginesPDF
83 FR 58188 - Air Plan Approval; Connecticut; Volatile Organic Compound Emissions From Consumer Products and Architectural and Industrial Maintenance CoatingsPDF
83 FR 58432 - Reduced Reporting for Covered Depository InstitutionsPDF
83 FR 58338 - Disclosure of Order Handling InformationPDF

Issue

83 223 Monday, November 19, 2018 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58222 2018-25154 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Theft or Loss of Explosives, 58298-58299 2018-25169 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, 58252-58253 2018-25134 Board of Scientific Counselors, National Center for Injury Prevention and Control; Correction, 58252 2018-25133 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs: Application from the American Association for Accreditation of Ambulatory Surgery Facilities, Inc. for Continued Approval of its Ambulatory Surgical Center Accreditation Program, 58253-58254 2018-25013 Medicare, Medicaid, and Children's Health Insurance Programs Provider Enrollment Application Fee Amount for Calendar Year 2019, 58255-58257 2018-25012 Coast Guard Coast Guard RULES Drawbridge Operations: Sacramento River, Rio Vista, CA, 58185-58186 2018-25153 Safety Zones: Penn's Landing Fireworks, Delaware River, Philadelphia PA, 58186-58188 2018-25129 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58268-58271 2018-25150 2018-25151 2018-25152 2018-25149 Commerce Commerce Department See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Market Risk Advisory Committee, 58236-58237 2018-25159 Comptroller Comptroller of the Currency PROPOSED RULES Reduced Reporting for Covered Depository Institutions, 58432-58458 2018-24587 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Literacy Program Evaluation: Striving Readers Implementation Study, 58237 2018-25090 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Meetings: Advanced Scientific Computing Advisory Committee, 58240-58241 2018-25165 Environmental Management Site-Specific Advisory Board, Portsmouth, 58240 2018-25166 National Petroleum Council, 58239-58240 2018-25164 Orders under the Natural Gas Act: Equinor Natural Gas LLLC (Previously Statoil Natural Gas), DTE Gas Co., Energy Plus Natural Gas, LLC, et al., 58237-58239 2018-25167
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut; Volatile Organic Compound Emissions from Consumer Products and Architectural and Industrial Maintenance Coatings, 58188-58190 2018-24895 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Attainment Plan for the Allegheny, Pennsylvania Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard, 58206-58219 2018-25079 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs and Projects, 58248-58249 2018-25188 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 58184-58185 2018-25002 PROPOSED RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH Helicopters, 58191-58193 2018-24995 Pratt and Whitney Division (PW) Turbofan Engines, 58199-58201 2018-24944 Pratt and Whitney Division Turbofan Engines, 58194-58196 2018-24965 The Boeing Company Airplanes, 58196-58199 2018-25001 NOTICES Environmental Assessments; Availability, etc.: Office of Commercial Space Transportation: Shuttle Landing Facility Launch Site Operator License, 58318-58319 2018-25186 Federal Communications Federal Communications Commission NOTICES Incentive Auction Task Force and Media Bureau Announce Settlement Opportunity for Mutually Exclusive Displacement Applications Filed During the Special Displacement Window, 58249-58250 2018-25109 Meetings: Broadband Deployment Advisory Committee, 58249 2018-25102 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Reduced Reporting for Covered Depository Institutions, 58432-58458 2018-24587 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 58250 2018-25337 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Cube Yadkin Generation, LLC, 58244-58245 2018-25174 Marine Renewable Energy Collaborative of New England, 58242 2018-25175 Verdant Power, LLC, 58245-58246 2018-25178 Combined Filings, 58241, 58247-58248 2018-25135 2018-25137 Filings: North American Electric Reliability Corp., 58244 2018-25176 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Bridgewater Power Company, LP, 58243 2018-25136 Invitation to Federal and State Agencies and Indian Tribes for Participation in the Interagency Task Force Pursuant to America's Water Infrastructure Act, 58245 2018-25139 Records Governing Off-the-Record Communications, 58246-58247 2018-25138 Schedule Pursuant to America's Water Infrastructure Act: Hydroelectric Licensing Regulations, 58243-58244 2018-25177 Federal Reserve Federal Reserve System PROPOSED RULES Reduced Reporting for Covered Depository Institutions, 58432-58458 2018-24587 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 58250-58251 2018-25086 Federal Transit Federal Transit Administration NOTICES Limitation on Claims Against Proposed Public Transportation Projects, 58319 2018-25132 Fish Fish and Wildlife Service NOTICES Permit Applications: Foreign Endangered Species, 58277-58278 2018-25121 Foreign Endangered Species; Marine Mammals, 58275-58277 2018-25120 Food and Drug Food and Drug Administration NOTICES Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: REGITINE (Phentolamine Mesylate) Injection, 5 Milligrams/Vial, and Other Drug Products, 58257-58259 2018-25187 Report on the Performance of Drug and Biologics Firms in Conducting Postmarketing Requirements and Commitments, 58259-58260 2018-25128 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Bacardi USA, Inc., Foreign-Trade Zone 64, Jacksonville, FL, 58223 2018-25143 Leading Americas Inc., Foreign-Trade Zone 76, Rockford, IL, 58223 2018-25148 Subzone Approvals: Digi-Key Corp., Fargo, ND, 58223 2018-25147 General Services General Services Administration NOTICES Environmental Assessments; Availability, etc.: Edward J. Schwartz Federal Building Structural Enhancements Project in San Diego, CA; Public Meeting, 58252 2018-25220 Environmental Impact Statements; Availability, etc.: Proposed U.S. Department of Homeland Security Headquarters Consolidation at St. Elizabeths Master Plan Amendment No. 2, 58251 2018-25207 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

NOTICES Activities Deemed Not to Be Research: Public Health Surveillance, 2018 Requirements, 58261 2018-25202 Interest Rate on Overdue Debts, 58261 2018-25204 Meetings: National Biodefense Science Board Public Teleconference, 58261-58262 2018-25131
Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Infant Mortality, 58260-58261 2018-25105 National Vaccine Injury Compensation Program: Revised Amount of the Average Cost of a Health Insurance Policy, 58260 2018-25087 Homeland Homeland Security Department See

Coast Guard

See

Transportation Security Administration

See

U.S. Customs and Border Protection

See

U.S. Immigration and Customs Enforcement

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Soft Target Countermeasure Surveys, 58272-58274 2018-25162
Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Class III Gaming Procedures, Tribal Revenue Allocation Plans, and Gaming on Trust Lands Acquired After October 17, 1988, 58280-58281 2018-25100 Reindeer in Alaska, 58279-58280 2018-25171 Secretarial Elections, 58281-58282 2018-25179 Student Transportation Form, 58278-58279 2018-25172 Environmental Impact Statements; Availability, etc.: Oklahoma, Kansas, and Texas Joint BLM, Bureau of Indian Affairs Management Resource Plan, 58283-58285 2018-25130 Industry Industry and Security Bureau PROPOSED RULES Review of Controls for Certain Emerging Technologies, 58201-58202 2018-25221 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

Internal Revenue Internal Revenue Service PROPOSED RULES User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents, 58202-58206 2018-25210 NOTICES Individuals Who Have Chosen To Expatriate, 58321-58336 2018-25155 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Activated Carbon from the People's Republic of China, 58229-58231 2018-25144 Certain Steel Nails from the Sultanate of Oman, 58231-58232 2018-25145 Polyester Textured Yarn from India and the People's Republic of China, 58232-58236 2018-24952 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 58229 2018-25146 Initiation of Less-Than-Fair-Value Investigations: Polyester Textured Yarn from India and the People's Republic of China, 58223-58228 2018-24953 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Non-Volatile Memory Devices and Products Containing Same, 58298 2018-25091 Justice Department Justice Department See

Alcohol, Tobacco, Firearms, and Explosives Bureau

NOTICES Proposed Consent Decrees: CERCLA, 58299 2018-25110
Labor Department Labor Department See

Occupational Safety and Health Administration

Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Oklahoma, Kansas, and Texas Joint BLM, Bureau of Indian Affairs Management Resource Plan, 58283-58285 2018-25130 Public Land Orders: Withdrawal Extension Application, United States Air Force, 58282-58283 2018-25163 Requests for Nominations: Grand Staircase-Escalante National Monument Advisory Committee, Utah, 58285-58286 2018-25168 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 58300 2018-25334 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council; Human Exploration and Operations Committee, 58300-58301 2018-25160 Advisory Council; Technology, Innovation and Engineering Committee, 58301-58302 2018-25161 Heliophysics Advisory Committee, 58302 2018-25201 National Space-Based Positioning, Navigation, and Timing Advisory Board, 58301 2018-25200 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58302-58303 2018-25140 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Loan Participation, 58303 2018-25141 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 58265-58266 2018-25189 2018-25194 Meetings: Center for Scientific Review, 58263-58264 2018-25195 2018-25196 National Cancer Institute, 58264-58265 2018-25193 National Heart, Lung, and Blood Institute, 58263-58264 2018-25192 National Human Genome Research Institute, 58266-58267 2018-25108 National Institute of Allergy and Infectious Diseases, 58262, 58265-58266 2018-25190 2018-25191 National Institute of Neurological Disorders and Stroke, 58264 2018-25107 Prospective Grant of an Exclusive Patent License: Development and Commercialization of Chimeric Antigen Receptor Therapies for the Treatment of FMS-like tyrosine kinase 3 Expressing Cancers, 58262-58263 2018-25197 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States: Mid-Atlantic Blueline Tilefish Fishery; 2019 and Projected 2020-2021 Specifications, 58219-58221 2018-25089 National Park National Park Service NOTICES Inventory Completions: Department of Defense, Department of the Navy, Washington, DC; Correction, 58286-58294 2018-25123 Department of the Interior, Bureau of Land Management, Utah State Office, Salt Lake City, UT, and Southern Utah University, Cedar City, UT; Correction, 58297-58298 2018-25125 Marshall University, Huntington, WV, 58294-58297 2018-25124 National Science National Science Foundation NOTICES Environmental Impact Statements; Availability, etc.: Sacramento Peak Observatory, Sunspot, NM, 58304 2018-25088 Meetings: Advisory Committee for Computer and Information Science and Engineering, 58304 2018-25119 Advisory Committee for Social, Behavioral and Economic Sciences, 58303 2018-25118 Proposal Review Panel for International Science and Engineering, 58304-58305 2018-25198 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Charter Renewals: Advisory Committee on Construction Safety and Health, 58299-58300 2018-25113 Personnel Personnel Management Office RULES Federal Employees Dental and Vision Insurance Program: Extension of Eligibility to Certain TRICARE-Eligible Individuals; Effective Date of Enrollment, 58175-58184 2018-25114 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Emergency Waiver No. 10, 58319-58320 2018-25112 Emergency Waiver No. 9, 58320-58321 2018-25111 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 58305-58306 2018-25095 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Burundi: Continuation of National Emergency (Notice of November 16, 2018), 58459-58461 2018-25390 Securities Securities and Exchange Commission RULES Disclosure of Order Handling Information, 58338-58429 2018-24423 NOTICES Applications: ABR Dynamic Funds, LLC, et al., 58315-58317 2018-25180 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 58307-58309 2018-25099 Miami International Securities Exchange, LLC, 58306-58307 2018-25096 NYSE Arca, Inc., 58315 2018-25094 The Nasdaq Stock Market, LLC, 58309-58315 2018-25093 Social Social Security Administration NOTICES Privacy Act; Matching Programs, 58317-58318 2018-25050 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58267 2018-25142 Meetings: Drug Testing Advisory Board, 58267-58268 2018-25116 Susquehanna Susquehanna River Basin Commission NOTICES Consumptive Uses of Water: Projects Approved, 58318 2018-25199 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Transit Administration

See

Pipeline and Hazardous Materials Safety Administration

Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Cargo Security Requirements, 58274-58275 2018-25203 Treasury Treasury Department See

Comptroller of the Currency

See

Internal Revenue Service

Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Screening Requirements for Carriers, 58271-58272 2018-25092 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Attorney in Fact/Revocation of Attorney in Fact, 58274 2018-25098 Separate Parts In This Issue Part II Securities and Exchange Commission, 58338-58429 2018-24423 Part III Federal Deposit Insurance Corporation, 58432-58458 2018-24587 Federal Reserve System, 58432-58458 2018-24587 Treasury Department, Comptroller of the Currency, 58432-58458 2018-24587 Part IV Presidential Documents, 58459-58461 2018-25390 Reader Aids

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

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

83 223 Monday, November 19, 2018 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 894 RIN 3206-AN58 Federal Employees Dental and Vision Insurance Program: Extension of Eligibility to Certain TRICARE-Eligible Individuals; Effective Date of Enrollment AGENCY:

Office of Personnel Management.

ACTION:

Interim final rule; request for comments.

SUMMARY:

The Office of Personnel Management (OPM) is issuing an interim final rule to expand eligibility for enrollment in the Federal Employees Dental and Vision Insurance Program (FEDVIP) to additional groups. The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA), expanded FEDVIP eligibility to certain TRICARE-eligible individuals (TEIs).

DATES:

This rule is effective on November 14, 2018. OPM must receive comments on or before January 18, 2019.

ADDRESSES:

You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by the following method:

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

All submissions received must include the agency name and docket number or RIN for this document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT:

Julia Elam, Program Analyst, at [email protected] or (202) 606-2128.

SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

FEDVIP was created as a result of the passage of the Federal Employee Dental and Vision Benefits Enhancement Act of 2004, Public Law 108-496. This Act required OPM to make stand-alone dental and vision insurance available to Federal employees, retirees, and their dependents. FEDVIP has 3.4 million enrollees with approximately 7.1 covered individuals. FEDVIP is available to eligible Federal Civilian and U.S. Postal Service (USPS) employees, retirees (annuitants), survivor annuitants, compensationers, and their eligible family members (dependents) on an enrollee-pay-all basis; there is no government contribution towards premium.

The program is administered by OPM in accordance with 5 U.S.C. chapters 89A and 89B and implementing regulations (5 CFR part 894). Section 715 of Public Law 114-328, authorizes the Secretary of Defense to enter into an agreement with the OPM Director to allow certain TRICARE-eligible individuals to enroll, or to be covered under an enrollment in FEDVIP, and amends 5 U.S.C. 8951 and 8958(c) (dental benefits) and 5 U.S.C. 8981 and 8988(c) (vision benefits), to establish eligibility of certain TRICARE-eligible individuals to enroll so that they and their eligible family members may obtain dental and vision benefits under FEDVIP.

Discussion of the Proposed Changes

This rule will assist newly eligible individuals and their family members in enrolling in this program. Under 5 U.S.C. 8951, a TRICARE-eligible individual (TEI) who is eligible for FEDVIP dental benefits means an individual who is eligible for coverage pursuant to 10 U.S.C. 1076c(b) (the TRICARE Retiree Dental Program (TRDP)). Under this regulation, all individuals that are currently eligible for TRDP will be eligible for FEDVIP dental benefits beginning plan year 2019. Under 5 U.S.C. 8981, as amended, a TRICARE-eligible individual who is eligible for FEDVIP vision benefits means an individual who is covered pursuant to 10 U.S.C. 1076d (i.e., TRICARE Reserve Select), 1076e (i.e., TRICARE Retired Reserve), 1079(a) (i.e., uniformed services active duty family members enrolled in TRICARE Select or TRICARE Prime), 1086(c) (i.e., uniformed services retirees and retiree family members enrolled in TRICARE Select or TRICARE Prime), or 1086(d) (i.e., TRICARE for Life). These individuals will be eligible for FEDVIP vision benefits beginning plan year 2019. It is estimated that there are approximately 7.6 million individuals who will be newly eligible for FEDVIP vision benefits and 3 million individuals who will be newly eligible for FEDVIP dental benefits. Coverage, eligibility, and enrollment for these individuals are discussed in subparts C and E and the new subpart H of this regulation.

Under subpart H, TRICARE-eligible individuals will need to actively enroll in FEDVIP in order to be covered for plan year 2019, even if those individuals are currently enrolled in TRDP. Generally, the uniformed services retiree will be the sponsor and enrollee in whose name the enrollment is carried for eligible dependent family members. Uniformed services members on active duty are not eligible for FEDVIP benefits, and a family member that is eligible for vision benefits will serve as the enrollee and will enroll eligible family members in one FEDVIP vision benefit plan.

There are technical corrections and clarifications such as the addition of definitions at 5 CFR 894.101, inclusion of terminology to include TRICARE-eligible individuals throughout subpart A, and a special provision for TRICARE-eligible individuals (TEIs) at 5 CFR 894.106. There is inclusion of language regarding coverage, types of enrollment, and cost of coverage for TRICARE-eligible individuals at 5 CFR 894.204, 5 CFR 894.401, 5 CFR 894.403, and 5 CFR 894.406. Technical corrections to include newly eligible TEIs are proposed in 5 CFR 894.305 through 894.307. The TEIs that can enroll and cover TEI family members are discussed at 5 CFR 894.309. Technical corrections for enrollment and termination or cancellation of coverage for TEIs have been included throughout subparts E and F.

The first enrollment opportunity for the newly eligible TRICARE-eligible individuals will occur during the 2018 Federal Benefits Open Season period, which will run from November 12 through December 10, 2018 with the first effective date of coverage beginning on January 1, 2019.

Expected Impact of Proposed Changes

This rule is expected to be an E.O. 13771 deregulatory action because it offers more dental coverage options and new vision coverage in FEDVIP for TRICARE-eligible individuals. TRDP beneficiaries currently have one option for dental coverage or can seek coverage in the private dental insurance market. Vision coverage is a new government-offered benefit for this population. Eligibility to enroll in FEDVIP provides more coverage options for these individuals than are currently available to them.

OPM contracts with 10 dental carriers and 4 vision carriers to offer plans under FEDVIP. There are 15 dental plan options available across FEDVIP from these 10 dental carriers. Within the 4 vision carriers, there are 8 vision plan options that are nationwide and internationally available to all potential enrollees. While this rule expands the number of individuals who are potentially eligible for this FEDVIP, OPM does not believe this regulation will have a large impact on the broader dental or vision insurance markets as FEDVIP generally constitutes a smaller percentage of an overall carrier's book of business.

In plan year 2018, FEDVIP overall program enrollment includes 3.3 million individuals. The number enrolled has not changed significantly in recent years. For example, there were 3.2 million in plan year 2017 and 2.98 million in plan year 2016. Based on OPM data, between 2013 and 2017, an average of 87,849 people made plan changes during open season.

Based on the changes required by FY17 NDAA, OPM estimates there are approximately 7.82 million individuals who will be newly eligible for FEDVIP vision benefits and 5.93 million individuals who will be newly eligible for FEDVIP dental benefits. However, OPM does not expect every newly eligible individual to enroll in FEDVIP as they may choose not to enroll or may opt instead to enroll in private dental and/or vision insurance. Since OPM does not have extensive data on and cannot estimate the potential uptake of TRICARE-eligible individuals to determine the impact of this regulation, we are seeking comments on the following:

1. How will the changes made by this regulation impact the non-group dental or vision insurance market?

2. How will the changes made by this regulation impact the choices available to terminating FEDVIP enrollees?

3. How will the changes made by this regulation impact the enrollment of annuitants compared to employees?

4. How will the regulation impact changes to enrollment in FEDVIP?

Waiver of Proposed Rulemaking

OPM is issuing this rulemaking as an interim final rule and has determined that, under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), it would be impracticable, unnecessary, and contrary to the public interest to delay a final regulation until a public notice and comment process has been completed.

The conclusion of a public notice and comment period before the rule is finalized would be impracticable because it would impede due and timely execution of OPM's functions: Uniformed services retirees and their family members and active duty family members would not have time to enroll or be enrolled in FEDVIP during the November 2018 open season. Since the enactment of Public Law 114-328, OPM and the Department of Defense (DoD) have worked in coordination on a number of actions necessary to implement the law. Before OPM could start any rulemaking implementation, a Memorandum of Agreement (MOA) was needed between the DoD's Defense Health Agency (DHA) and OPM to provide certain TRICARE-eligible individuals the opportunity to purchase FEDVIP dental and/or vision coverage beginning January 1, 2019. The MOA was signed on March 26, 2018, leaving OPM insufficient time to prepare and complete a full public notice and comment rulemaking proceeding and to timely incorporate a final rule into open season materials prior to the open season's commencement date.

To the extent that an NPRM would furnish general public information about enrollment opportunities, it is unnecessary in light of the extensive outreach already undertaken by OPM and DoD, which provided more specific and more detailed notice to affected beneficiaries than an NPRM would provide. Outreach included identifying the eligible population of uniformed services retirees and family members for both FEDVIP dental and vision coverage and active duty family members for vision coverage; joint efforts to communicate with potential enrollees about eligibility, enrollment, and key dates for enrolling in FEDVIP; and working with the FEDVIP Administrator to update enrollment systems to allow enrollment of newly eligible individuals. Furthermore, both OPM and DHA have worked in coordination to inform current TRICARE Retiree Dental Program (TRDP) enrollees about the end of dental benefit delivery under the TRDP by December 31, 2018 to ensure TRDP enrollees are aware of the transition of the program to FEDVIP.

In addition, it is unnecessary to the extent that OPM's rule simply extends the coverage of DoD regulations at 32 CFR 199.22 that were promulgated through notice and comment. The lost opportunity to enroll in the November 2018 open season would result in serious damage to important interests, since uniformed services retirees and their family members will no longer have access to the TRDP, the prior plan that FEDVIP is replacing, and the gap in coverage could have significant health and financial impact on them. This outcome would be contrary to the public interest.

For these reasons, OPM has determined that the public notice and participation that the APA ordinarily requires would, in this case, be impracticable, unnecessary, and contrary to the public interest and that good cause exists for waiving proposed rulemaking and delaying its solicitation of comments from the public until after it issues an interim final rule. OPM will consider those comments received upon its interim final rulemaking in a subsequent final rule.

Regulatory Impact Analysis

OPM has examined the impact of this rule as required by Executive Order 12866 and Executive Order 13563, which directs 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). A regulatory impact analysis must be prepared for major rules with economically significant effects of $100 million or more in any one year. This rule has been designated as a “significant regulatory action,” under Executive Order 12866.

Reducing Regulation and Controlling Regulatory Costs

This rule is expected to be an E.O. 13771 deregulatory action. Details can be found in the “Expected Impact of the Proposed Changes” section of the rule.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic impact on a substantial number of small entities.

Federalism

We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments.

Civil Justice Reform

This regulation meets the applicable standard set forth in Executive Order 12988.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local or tribal governments of more than $100 million annually. Thus, no written assessment of unfunded mandates is required.

Congressional Review Act

This action pertains to agency management, personnel and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)

Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number.

This rule involves a collection of information subject to the PRA for the Federal Employees Dental and Vision Insurance Program (FEDVIP) Enrollment System, known as BENEFEDS OPM is in the process of seeking OMB approval. The public reporting burden for this collection is estimated to average 8 minutes for a respondent to submit an enrollment including time for reviewing education and support but may not include time for reviewing a plan and specific benefits. The total burden hour estimate for this form is 44,307 hours. The systems of record notice for this collection is: Central-1 found on https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf.

The FEDVIP currently has a total of 15 dental plan options available across the program from 10 dental plan choices within 6 nationwide and 4 regional plans. Each potential enrollee has access to all nationwide options. Regional options are available in at least 29 states and Puerto Rico. There are 8 vision plan choices that are nationwide and international available to all potential enrollees. Historically, an average of 87,849 FEDVIP enrollees made plan changes during each open season between 2013-2017. This regulation is not anticipated to change the burden associated with this collection although the number of participants will increase due to the expansion of eligibility.

Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to [email protected]. The final rule will respond to any OMB or public comments on the information collection requirements contained in this proposal.

List of Subjects in 5 CFR Part 894

Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professions, Hostages, Iraq, Kuwait, Lebanon, Military personnel, Reporting and recordkeeping requirements, Retirement.

Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst.

Accordingly, OPM amends 5 CFR part 894 as follows:

PART 894—FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM

1. The authority citation for part 894 is revised to read as follows:

Authority:

5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued under section 1 ofPub. L. 110-279, 122 Stat. 2604; Pub. L. 114-328.

Subpart A—Administration and General Provisions 2. Amend § 894.101 by: a. In the definition of “Child,” revising the introductory text, adding introductry text to paragraph (1), and adding paragraph (4). b. Adding the definition of “Enrollee” in alphabetical order. c. Revising the definition of “Family member.” d. Adding the definition of “Sponsor” in alphabetical order. e. Revising the definition of “Stephchild.” f. Adding the definitions of “TEI,” “TEI certifying family member,” “TEI child,” “TEI former spouse,” “TRICARE-eligible individual (TEI),” “TRICARE-eligible individual for FEDVIP dental benefits (TEI-D),” and “TRICARE-eligible individual for FEDVIP vision benefits (TEI-V)” in alphabetical order.

The revisions and additions read as follows:

§ 894.101 Definitions.

Child means:

(1) Except as discussed in paragraph (4) of this definition, a child is one of the following:

(4) With respect to a TEl, child means a TEI child.

Enrollee means the individual in whose name the FEDVIP enrollment is carried. There is one FEDVIP enrollment for each enrollee in a dental plan, and/or in a vision plan and that enrollment may include family members who may be covered by the enrollment. The term enrollee includes individuals eligible to enroll based upon a status described at subpart C of this part, who enroll and are covered. With respect to the Federal workforce, enrollee generally means an employee or annuitant. With respect to a TEI, enrollee generally means the sponsor who is a TEI with respect to a FEDVIP plan; but if the sponsor is not a TEI, or for FEDVIP dental benefits if the sponsor defined at 894.804 is not enrolled and meets a condition at § 894.309(a)(3)(iii), then enrollee means the TEI certifying family member. A TEI former spouse may be an enrollee only for a self-only FEDVIP vision plan. An enrollee may enroll and elect a FEDVIP dental and/or vision plan, option, and type of enrollment, except as provided at § 894.309.

Family member means a spouse (including a spouse under a valid common law marriage) and/or unmarried dependent child(ren) under age 22 or beyond age 22, if incapable of self-support because of mental or physical disability which existed before reaching age 22, as defined at 5 U.S.C. 8901(5). With respect to a TEI, the term family member means a TEI family member.

Sponsor generally means the individual who is eligible for medical or dental benefits under 10 U.S.C. chapter 55 based on his or her direct affiliation with the uniformed services (including military members of the National Guard and Reserves), in accordance with § 894.804.

Stepchild means:

(1) Except as provided in paragraph (2) of this definition, the child of an enrollee's spouse or domestic partner and shall continue to refer to such child after the enrollee's divorce from the spouse, termination of the domestic partnership, or death of the spouse or domestic partner, so long as the child continues to live with the enrollee in a regular parent-child relationship.

(2) Your spouse's child born within or outside marriage or his or her adopted child. The child of your spouse shall continue to be considered your stepchild after your divorce from your spouse or the death of your spouse so long as the child continues to live with you in a regular parent-child relationship.

TEI means TRICARE-eligible individual for FEDVIP dental benefits (TEI-D) or a TRICARE-eligible individual for FEDVIP vision benefits (TEI-V).

TEI certifying family member means, where the sponsor is not an enrollee under § 894.309, the TEI family member who may accept responsibility to self-certify as an enrollee in accordance with § 894.809.

TEI child means an individual who is a TEI and who meets the definition of dependent in 10 U.S.C. 1072(2)(D) or (I) with respect to a sponsor.

TEI family member means a TEI who is a dependent with respect to a sponsor, as defined in 10 U.S.C. 1072(2)(A) (spouse), 10 U.S.C. 1072(2)(B) (unremarried widow), 10 U.S.C. 1072(2)(C) (unremarried widower), 10 U.S.C. 1072(2)(D) (child), or 10 U.S.C 1072(2)(I) (unmarried person).

TEI former spouse means a TEI who is an unremarried former spouse as defined in 10 U.S.C. 1072(2)(F), (G), or (H) and is entitled to medical care under 10 U.S.C. 1086(c) or (d).

TRICARE-eligible individual (TEI) means a TRICARE-eligible individual for FEDVIP dental benefits (TEI-D) or a TRICARE-eligible individual for FEDVIP vision benefits (TEI-V), as the case may be.

TRICARE-eligible individual for FEDVIP dental benefits (TEI-D) means an individual who is eligible for FEDVIP dental coverage based on the individual's eligibility to enroll or be covered under the TRICARE Retiree Dental Program, 10 U.S.C. 1076c(b) in accordance with § 894.802.

TRICARE-eligible individual for FEDVIP vision benefits (TEI-V) means an individual who is eligible for FEDVIP vision coverage based on the individual's enrollment in a specified TRICARE health plan in accordance with § 894.803.

3. Add § 894.106 to read as follows:
§ 894.106 Special provisions for TRICARE-eligible individuals (TEI).

Generally, applicable provisions of this part are effective for TEIs. Provisions that are specific to Federal employees, annuitants and their family members do not apply to TEIs. See § 894.101 for application of defined terms to TEIs and subpart H of this part for special provisions for TEIs, which governs in the event of ambiguity.

Subpart B—Coverage and Types of Enrollment 4. Revise § 894.204 to read as follows:
§ 894.204 May I be enrolled in more than one dental or vision plan at a time?

You may be enrolled or be covered in a FEDVIP dental plan and a separate FEDVIP vision plan at the same time. But no one may enroll or be covered as a family member in a FEDVIP dental or vision plan if he or she is covered under another person's FEDVIP dental or vision self plus one or self and family enrollment, except as provided under § 890.302(a)(2) through (4) of this chapter, with respect to dual enrollments. If two parents of a TEI child are entitled to be a sponsor, they must choose one parent to be the child's sponsor. Dual enrollments of TEIs are permitted as provided under § 890.302(a)(2) through (4) of this chapter as applied with respect to TEI family members.

Subpart C—Eligibility 5. Revise § 894.305 to read as follows:
§ 894.305 Am I eligible to enroll if I am a former spouse receiving an apportionment of annuity?

No. Former spouses receiving an apportionment of annuity are not eligible to enroll in FEDVIP. However, a TEI former spouse is eligible to enroll in a FEDVIP vision plan as long as he or she remains unremarried.

6. Revise § 894.306 to read as follows:
§ 894.306 Are foster children eligible as family members?

Generally, foster children are eligible for coverage as family members under FEDVIP. However, a foster child is excluded from the definition of a TEI family member. A pre-adoptive child and an eligible ward of the state are eligible as TEI family members.

7. Revise § 894.307 to read as follows:
§ 894.307 Are disabled children age 22 or over eligible as family members?

(a) Except as provided at paragraph (b) of this section, a child age 22 or over is an eligible family member if the child is incapable of self-support because of a physical or mental disability that existed before the child reached age 22.

(b) A TEI child is a TEI family member as long as the TEI child is under the age of 21 or 23 as provided at 10 U.S.C. 1072(2)(D) or (I), and, if disabled during the age of eligibility, the TEI child remains a TEI family member regardless of age as long as the TEI child meets the standard for incapacity and support at 10 U.S.C. 1072(2)(D)(iii) or incapacity and dependency at 10 U.S.C. 1072(2)(I)(ii)(III), (iii), (iv) and (v).

8. Add § 894.309 to read as follows:
§ 894.309 I am a TEI-D or TEI-V. Am I eligible to enroll in FEDVIP, and cover my TEI family members?

(a) FEDVIP dental plan. (1) A sponsor who is a TEI-D is eligible to enroll and cover TEI-D family members under the enrollment.

(2) A sponsor who is a TEI-D but who does not enroll even though eligible, is not an enrollee and cannot enroll or cover TEI family members.

(3) A TEI certifying family member who is a TEI-D is eligible to enroll and to cover TEI-D family members under the enrollment when:

(i) The sponsor is not a TEI-D;

(ii) The sponsor is deceased; or

(iii) The sponsor is a TEI-D described at § 894.804(b)(1) or (2) who does not enroll (therefore is not an enrollee and cannot cover TEI family members) and the sponsor:

(A) Receives dental services from the Department of Veterans Affairs (VA);

(B) Has employer-sponsored dental coverage without a family coverage option; or

(C) Has a medical or dental condition that prevents him or her from obtaining dental benefits.

(b) FEDVIP vision plan. (1) A sponsor who is a TEI-V is eligible to enroll and cover TEI-V family members.

(2) A TEI certifying family member who is a TEI-V is eligible to enroll and cover TEI-V family members under the enrollment when:

(i) The sponsor is not a TEI-V; or

(ii) The sponsor is deceased.

(3) A TEI former spouse is eligible to enroll for self only, but may not elect a self plus one or self and family type of enrollment and may not cover family members, even if they are TEI family members.

Subpart D—Cost of Coverage 9. In § 894.401, add paragraph (e) to read as follows:
§ 894.401 How do I pay premiums?

(e) A sponsor, TEI certifying family member, TEI former spouse, or TEI who is an unremarried survivor pays premiums the following ways:

(1) A sponsor or TEI certifying family member who receives uniformed services pay or uniformed services retirement pay shall pay premiums through deduction from payroll (including uniformed services retirement pay deduction).

(2) A sponsor or TEI certifying family member who is not described in paragraph (e)(1) of this section, and a TEI former spouse or TEI who is an unremarried survivor shall pay premiums through:

(i) Automatic bank withdrawal; or

(ii) Direct premium payments.

10. In § 894.403, add paragraph (b)(5) to read as follows:
§ 894.403 Are FEDVIP premiums paid on a pre-tax basis?

(b) * * *

(5) You are a TEI.

11. Add § 894.406 to read as follows:
§ 894.406 What happens if my uniformed services pay or uniformed services retirement pay is insufficient to cover my FEDVIP premiums, or I go into a nonpay status?

(a) You must contact the Administrator to arrange to pay your premiums by direct premium payment or automatic bank withdrawal to the Administrator.

(b) If you do not make the premium payments, your FEDVIP coverage will stop. You will not be able to reenroll until the next open season after:

(1) You are in pay status; or

(2) Your uniformed services pay or uniformed services retirement pay (retired, retainer, or equivalent) is sufficient to make the premium payment.

Subpart E—Enrollment and Changing Enrollment 12. In § 894.501: a. Remove the word “or” at the end of paragraph (b)(2). b. Remove the period and add a semicolon in its place at the end of paragraph (b)(3). c. Add paragraphs (b)(4) through (6). d. Remove the word “or” at the end of paragraph (e). e. Remove the period and add a semicolon in its place at the end of paragraph (f). f. Add paragraph (g).

The additions read as follows:

§ 894.501 When may I enroll?

(b) * * *

(4) A sponsor who is a TEI;

(5) A TEI certifying family member, but only if, on your first date of eligibility to enroll, your sponsor is not a TEI or is deceased, or for FEDVIP dental coverage, if your sponsor is defined at § 890.309(a)(3)(iii); or

(6) A TEI former spouse.

(g) For a TEI, within 60 days of your uniformed services pay or uniformed services retirement pay being restored after having being reduced, forfeited, or terminated.

13. In § 894.502: a. Revise the section heading. b. Add introductory text. c. Revise paragraph (a). d. Remove the word “or” at the end of paragraph (d). e. Remove the period and add a semicolon in its place at the end of paragraph (e). e. Add paragraphs (f) and (g).

The revisions and additions read as follows:

§ 894.502 What are the Qualifying Life Events (QLEs) that allow me to enroll or become covered in FEDVIP outside of open season?

You may enroll or become covered outside of open season if you are otherwise eligible to enroll and:

(a) You or a family member or TEI family member lose other dental/vision coverage;

(f) You are a TEI and your uniformed services pay or uniformed services retirement pay is restored after having been reduced, forfeited, or terminated; or

(g) You are not a TEI and you marry a TEI and can be covered as a TEI family member; or, you are not a TEI and you marry a non-TEI sponsor that is on active duty and can be covered as a TEI certifying family member. However, upon remarriage, a TEI former spouse or TEI surviving spouse or widow loses status as a TEI with respect to a former or deceased sponsor.

14. In § 894.504, revise paragraph (c) and add paragraphs (d) and (e) to read as follows:
§ 894.504 When is my enrollment effective?

(c) If you are a TEI and enroll or are enrolled during the open season, your enrollment is effective no earlier than January 1, 2019.

(d) A QLE enrollment or change is effective the 1st day of the pay period following the date of your QLE.

(e)(l) A belated open season enrollment or change is effective retroactive to the date it would have been effective if you had made a timely enrollment or request for a change.

(2) Any belated enrollment or change outside of open season that goes beyond the allowable 60 day enrollment timeframe is effective retroactive to the 1st day of the pay period following the one in which you became newly eligible or the date of your QLE.

(3) You are responsible for any retroactive premiums due to a belated enrollment or request for a change.

15. Revise § 894.507 to read as follows:
§ 894.507 After I'm enrolled, may I change from one dental or vision plan or plan option to another?

(a) You may change from one dental plan to another, and/or from one vision plan to another, or you may change from one plan option to another option in that same plan:

(1) During the annual open season;

(2) When you get married (except for TEIs who are unremarried survivors, TEI former spouses, and TEI children); or

(3) For employees, when you return to Federal employment after being on leave without pay if you did not have Federal dental or vision coverage prior to going on leave without pay, or your coverage was terminated or canceled during your period of leave without pay.

(b)(1) If you are enrolled in a dental or vision plan with a geographically restricted service area, and you or a covered eligible family member or TEI family member move out of the service area, you may change to a different dental or vision plan that serves that area.

(2) You may make this change at any time before or after the move, once you or a covered eligible family member or TEI family member has a new address.

(3) The enrollment change is effective the first day of the pay period following the pay period in which you make the change.

(4) You may not change your type of enrollment unless you also have a QLE that allows you to change your type of enrollment.

16. Revise § 894.509 to read as follows:
§ 894.509 What are the QLEs that are consistent with increasing my type of enrollment?

(a) Marriage; except for a TEI who is an unremarried survivor, widow or widower; TEI former spouse; and TEI child(ren);

(b) Acquiring an eligible child or TEI child; or

(c) Loss of other dental or vision coverage by an eligible family member or TEI family member.

17. In § 894.510, revise paragraphs (c) and (d)(1) to read as follows:
§ 894.510 When may I decrease my type of enrollment?

(c)(1) Except as provided in paragraph (c)(2) of this section, you may decrease your type of enrollment only during the period beginning 31 days before your QLE and ending 60 days after your QLE.

(2) You may make any of the following enrollment changes at any time beginning 31 days before a QLE listed in § 894.511(a):

(i) A decrease in your self plus one enrollment;

(ii) A decrease in your self and family enrollment to a self plus one enrollment, when you have only one remaining eligible family member or TEI family member; or

(iii) A decrease in your self and family enrollment to a self only enrollment, when you have no remaining eligible family members or TEI family members.

(d)(1) Except as provided in paragraph (d)(2) of this section, your change in enrollment is effective the first day of the first pay period following the one in which you make the change.

18. Revise § 894.511 to read as follows:
§ 894.511 What are the QLEs that are consistent with decreasing my type of enrollment?

(a) Loss of an eligible family member or TEI family member due to:

(1) Divorce;

(2) Death; or

(3) Loss of eligibility of a previously enrolled child or TEI child.

(b) You are an employee, annuitant or compensationer and your spouse deploys to active military service.

19. Add § 894.513 to read as follows:
§ 894.513 Do I have to elect FEDVIP coverage each year in order to remain covered?

No. If you do not change or cancel your enrollment, and if your enrollment does not terminate pursuant to this part, then your current enrollment will continue into the next year. Before open season, you should review the plan brochure for any changes in benefits and premiums for the next year.

Subpart F—Termination or Cancellation of Coverage 20. Amend § 894.601 by revising paragraphs (a) through (c) and adding paragraphs (g) and (h) to read as follows:
§ 894.601 When does my FEDVIP coverage stop?

(a) If you no longer meet the definition of an eligible employee or annuitant, or TEI, your FEDVIP coverage stops at the end of the pay period in which you were last eligible.

(b) If you go into a period of nonpay or insufficient pay (or insufficient uniformed services pay or uniformed services retirement pay) and you do not make direct premium payments, your FEDVIP coverage stops at the end of the pay period for which your agency, retirement system, OWCP, uniformed services or uniformed services retirement system last deducted your premium payment.

(c) If you are making direct premium payments or payments by automatic bank withdrawal, and you stop making the payments, your FEDVIP coverage stops at the end of the pay period for which you last made a payment.

(g) If your status as a uniformed services retiree discontinues and you become a uniformed services member on active duty, your FEDVIP dental and/or vision plan enrollment terminates and your coverage stops at the end of the last pay period for which the premium payment was made from your uniformed services retirement pay. You will still be the sponsor but no longer the enrollee, and your TEI certifying family member would have to reenroll in vision and cover all TEI family members. As sponsor, you must notify your family members of changes in your eligibility and enrollment status changes. See § 894.815.

(h) If your status as a uniformed services member on active duty discontinues and you become a uniformed services retiree, the FEDVIP vision plan enrollment of your TEI family members terminates and coverage for your TEI family members will stop at the end of the pay period for which the last premium payment was made. As the sponsor who is an enrollee, you would have to enroll yourself and reenroll all TEI family members. As sponsor, you must notify your family members of changes in your eligibility and enrollment status changes. See § 894.815.

21. Revise § 894.603 to read as follows:
§ 894.603 Is there a temporary extension of coverage and conversion right when my coverage stops or when a covered family member loses eligibility?

No. There is no temporary extension of coverage, or Temporary Continuation of Coverage (TCC), or right to convert to an individual dental or vision policy when your FEDVIP coverage stops or when a family member or TEI family member loses eligibility under FEDVIP.

Subpart H—[Redesignated as Subpart I and Amended] 22. Redesignate subpart H (consisting of § 894.801) as subpart I (consisting of § 894.901) and revise newly redesignated subpart I to read as follows: Subpart I—Benefits in Underserved Areas
§ 894.901 Will benefits be available in underserved areas?

(a) Dental and vision plans under FEDVIP will include underserved areas in their service areas and provide benefits to enrollees in underserved areas.

(b) In any area where a FEDVIP dental or vision plan does not meet OPM access standards, including underserved areas, enrollees may receive services from non-network providers.

(c) Contracts under FEDVIP shall include access standards as defined by OPM and payment levels for services to non-network providers in areas that do not meet access standards.

23. Add new subpart H to read as follows: Subpart H—Special Provisions for TRICARE-Eligible Individuals (TEI) Sec. 894.801 Am I eligible for FEDVIP based on my eligibility to enroll in a TRICARE dental or health plan? 894.802 Am I a TEI for a FEDVIP dental plan (TEI-D) if I am eligible to enroll or be covered under the TRICARE Retiree Dental Program? 894.803 Am I a TEI for a FEDVIP vision plan (TEI-V) based on my enrollment in a TRICARE health plan? 894.804 Am I a sponsor for a FEDVIP dental or vision plan? 894.805 I am not a TEI-D or TEI-V, but I am a sponsor. Am I eligible to cover my TEI family members? 894.806 Can a retiree or Retired Reserve member enroll and cover TEI family members in a FEDVIP dental plan? 894.807 Can an active duty member enroll or be covered under a FEDVIP vision plan? 894.808 I am a TEI family member. Can I enroll myself in FEDVIP? 894.809 Who is a TEI certifying family member, and may I be the enrollee if I accept this responsibility? 894.810 If I enroll for self plus one, may I decide which TEI family member to cover? 894.811 I am a TEI family member of a sponsor who is a retiree or Retired Reserve member who is not on active duty. My sponsor is a TEI-D but is not enrolled in a FEDVIP dental plan. Can I enroll in a FEDVIP dental plan even though my sponsor is eligible to enroll but is not enrolled? 894.812 I am a widow or widower TEI family member. Can I enroll my TEI child who is a TEI family member without enrolling myself in FEDVIP? 894.813 I am a TEI former spouse. Am I eligible to enroll in a FEDVIP vision plan? 894.814 Is a foster child included in the definition of TEI family member? 894.815 I am a sponsor. Am I responsible to notify the Administrator and my TEI family members when my FEDVIP dental or vision eligibility and/or enrollment status changes? 894.816 If I return from active duty and retire, what happens to my TEI family members' enrollment in their FEDVIP vision plan? 894.817 If I am a retiree who is a TEI-V and I return to active duty, what happens to my TEI family members' enrollment in their FEDVIP vision plan? Subpart H—Special Provisions for TRICARE-Eligible Individuals (TEI)
§ 894.801 Am I eligible for FEDVIP based on my eligibility to enroll in a TRICARE dental or health plan?

(a) The U.S. Department of Defense (DOD) is responsible for regulating eligibility for obtaining medical and dental care under the TRICARE Program, pursuant to 10 U.S.C. chapter 55. The FEDVIP laws at 5 U.S.C. chapter 89A was amended by the National Defense Authorization Act for Fiscal Year 2017, Public Law 114-328, to allow individuals who were eligible for coverage under the TRICARE Retiree Dental Program (TRDP) in accordance with DOD rules to obtain dental coverage in a FEDVIP dental plan. Public Law 114-328 also added a provision allowing certain individuals who are concurrently enrolled for medical care in specified TRICARE health plans to obtain FEDVIP vision coverage.

(b) Categories of individuals who were eligible for TRDP and who are eligible to be covered under a FEDVIP dental plan are set forth in § 894.802. Categories of individuals who may be covered under specified TRICARE health plans and, if so covered, are eligible to be covered under a FEDVIP vision plan, are set forth in § 894.803. Individuals eligible for FEDVIP coverage are referred to as TRICARE eligible individuals (TEI).

(c)(1) FEDVIP rules provide an enrollee with the right to select:

(i) A dental and/or a vision plan; and

(ii) Type of enrollment that may cover the eligible individual in a self only enrollment or the eligible individual with one or more family members in a self plus one or self and family enrollment.

(2) For TRICARE eligible individuals (TEI), this means that:

(i) If the sponsor is both a TEI and enrolled, the sponsor may be an enrollee and may cover the sponsor and TEI family members under the plan.

(ii) If a sponsor is not eligible to enroll (or pursuant to § 894.309(a)(3)(iii) is not enrolled), a TEI who is a TEI family member may self-certify to serve as enrollee instead, and may cover other TEI family members.

(d) If a FEDVIP dental or vision plan has a specific geographic enrollment area, TEI family members must live or work in that area in order to be enrolled for coverage. An enrollee whose TEI family members are located in different geographic locations may select a plan that is nationwide/international in scope in order to obtain accessible coverage.

§ 894.802 Am I a TEI for a FEDVIP dental plan (TEI-D) if I am eligible to enroll or be covered under the TRICARE Retiree Dental Program?

A TRICARE-eligible individual for FEDVIP dental benefits (TEI-D) means an individual who is eligible to be enrolled and/or who may be covered under the TRICARE Retiree Dental Program (TRDP) pursuant to 10 U.S.C. 1076c(b) as set forth in 32 CFR 199.3 and 199.22. Individuals covered under any of the following programs are excluded and are not TEI-D: TRICARE Young Adult provisions of 10 U.S.C. 1110b; Transitional Assistance Management Program (TAMP), 10 U.S.C. 1145(a)); Continued Health Care Benefit Program (CHCBP); 10 U.S.C. 1078a; or Foreign Military (including NATO) sponsor/family coverage.

§ 894.803 Am I a TEI for a FEDVIP vision plan (TEI-V) based on my concurrent enrollment in a TRICARE health plan?

(a) Except as provided in paragraphs (b) and (c) of this section, a TEI-V is an individual who is concurrently enrolled in and/or covered pursuant to:

(1) 10 U.S.C. 1076d (TRICARE Reserve Select (TRS));

(2) 10 U.S.C. 1076e (TRICARE Retired Reserve (TRR));

(3) 10 U.S.C. 1079(a) (uniformed services active duty family members concurrently enrolled in TRICARE Select or TRICARE Prime);

(4) 10 U.S.C. 1086(c) (uniformed services retirees and retiree family members or former spouses concurrently enrolled in TRICARE Select or TRICARE Prime); or

(5) 10 U.S.C. 1086(d) (TRICARE for Life (TFL)), as set forth in 32 CFR 199.3. The provisions of TFL require Medicare eligible retirees and individual Medicare eligible retiree family members or former spouses to enroll in Medicare Part B (requires payment of applicable premiums), otherwise they are not a TEI-V.

(b) An individual covered under any of the following programs is not aTEI-V:

(1) TRICARE Young Adult provisions of 10 U.S.C. 1110b;

(2) Transitional Assistance Management Program (TAMP), 10 U.S.C. 1145(a);

(3) Continued Health Care Benefit Program (CHCBP), 10 U.S.C. 1078a; or

(4) Foreign Military (including NATO) sponsor/family coverage.

(c) An active duty member of the uniformed services under 10 U.S.C. 1074(a) is not a TEI-V.

§ 894.804 Am I a sponsor for a FEDVIP dental or vision plan?

(a) Generally, the sponsor is the individual who is eligible for medical or dental benefits under 10 U.S.C. chapter 55 based on his or her direct affiliation with the uniformed services, including military members of the National Guard and Reserves. Relationship to a sponsor conveys TEI status to a TEI family member. If two parents of a TEI child are entitled to be a sponsor, see restriction on dual enrollment at § 894.203.

(b) Sponsor for a FEDVIP dental plan means:

(1) Retiree. A member or former member of a uniformed service who is entitled to uniformed services retirement pay. To determine a sponsor's enrollee status for a FEDVIP dental plan, see § 894.309 and the definition of TEI-D;

(2) Retired Reserve member under the age of 60 (“Gray Area Retiree”). To determine sponsor's enrollee status for a FEDVIP dental plan, see § 894.309 and the definition of TEI-D;

(3) Medal of Honor recipient who is not otherwise entitled to dental benefits; or

(4) Deceased Member described in paragraph (b)(1) or (2) of this section who died after retiring from active duty and a deceased member who was a Medal of Honor recipient described in paragraph (b)(3) of this section.

(c) Sponsor for a FEDVIP vision plan includes:

(1) Retiree. A member or former member of a uniformed service who is entitled to uniformed services retirement pay.

(2) Retired Reserve member under the age of 60 (“Gray Area Retiree”);

(3) Medal of Honor recipient who is enrolled in TRICARE Select or TRICARE

Prime and who is not on active duty;

(4) Member of the uniformed services (active or Reserve Component) on active duty for more than 30 days. An active duty member of the uniformed services under 10 U.S.C. 1074(a) is not a TEI-V and is not an enrollee for a FEDVIP vision plan, see § 894.309 and definition of TEI-V;

(5) Ready Reserve member;

(6) Deceased member described at paragraphs (c)(1) through (5) of this section; or

(7) Deceased Reserve Component member (deceased in the line of duty).

§ 894.805 I am not a TEI-D or TEI-V, but I am a sponsor. Am I eligible to cover my TEI family members?

(a) FEDVIP dental plan. (1) No, a sponsor must be both a TEI-D and an enrollee, in order to cover TEI family members in a FEDVIP dental plan.

(2) However, a TEI certifying family member may enroll and cover TEI family members in a FEDVIP dental plan if the sponsor described at § 894.804 is a retiree or Retired Reserve Member who is a TEI-D, but who is not enrolled and the retiree or Retired Reserve Member:

(i) Receives VA dental services;

(ii) Has employer-sponsored dental coverage without a family coverage option; or

(iii) Has a medical or dental condition that prevents him or her from obtaining dental benefits. See § 894.309.

(b) FEDVIP vision plan. (1) No, a sponsor must be both a TEI-V and an enrollee in order to enroll and cover TEI family members in his or her FEDVIP vision plan.

(2) However, a TEI certifying family member may enroll TEI family members. A uniformed services member (active or Reserve Component) on active duty for more than 30 days described in § 894.804(c)(4) is not a TEI-V and is not eligible to enroll and cover TEI family members. See § 894.309.

§ 894.806 Can a retiree or Retired Reserve member enroll and cover TEI family members in a FEDVIP dental plan?

Generally, yes, since a retiree or Retired Reserve member who is a sponsor is also a TEI-D. However, if a retiree or Retired Reserve member who is eligible to enroll does not in fact enroll, then the member is not an enrollee and cannot cover TEI family members. A TEI certifying family member may serve as enrollee only if the member does not enroll and meets at least one of the following conditions:

(a) Receives VA dental services;

(b) Has employer-sponsored dental coverage without a family coverage option; or

(c) Has a medical or dental condition that prevents him or her from obtaining dental benefits. See description of eligibility in § 894.309(a)(3)(iii).

§ 894.807 Can an active duty member enroll or be covered under a FEDVIP vision plan?

No, a uniformed services member on active duty is not a TEI-V and may not enroll or be covered under a FEDVIP vision plan. However, an active duty member is a sponsor, therefore their TEI family members may be eligible to enroll in a vision plan. See definition of TEI for FEDVIP vision benefits (TEI-V) in § 894.101.

§ 894.808 I am a TEI family member. Can I enroll myself in FEDVIP?

Generally, you are not eligible to enroll yourself as a TEI family member. Only an enrollee designated at subpart C of this part may enroll in FEDVIP and select a plan, option, and type of enrollment (self only, self plus one, or self and family) that may cover TEI family members. There is only one FEDVIP dental enrollment and one FEDVIP vision enrollment associated with a sponsor and either the sponsor or a TEI certifying family member may be the enrollee, who may enroll, and cover TEI family members under the enrollment, in accordance with § 894.309.

§ 894.809 Who is a TEI certifying family member, and may I be the enrollee if I accept this responsibility?

(a) TEI certifying family member means, where the sponsor is not an enrollee under § 894.309, the TEI family member in order of precedence, as set forth in paragraph (b) of this section, who may accept responsibility to self-certify as the enrollee by enrolling and, if appropriate, covering the sponsor's TEI family members by electing a self plus one or self and family type of enrollment. Accepting responsibility to self-certify as the enrollee includes consulting all TEI family members regarding their preference for coverage under the enrollment, electing an appropriate plan, option, and type of enrollment.

(b) The following order of precedence governs which TEI family member may self-certify as the enrollee:

(1) An unremarried surviving spouse of a retiree or Medal of Honor recipient, if any, is the TEI certifying family member who may enroll and cover surviving TEI child(ren) of the retiree.

(2) If there is no unremarried surviving spouse of a retiree or Medal of Honor recipient, the surviving TEI child of a retiree who accepts responsibility to self-certify as the enrollee is the TEI certifying family member who may enroll and cover other surviving child(ren) who are TEI family member(s) of the deceased retiree.

(3) The TEI family member who is a spouse is the TEI certifying family member who may enroll and cover other TEI family member(s).

(4) If there is no spouse, the TEI family member who accepts responsibility to self-certify as the enrollee is the TEI certifying family member who may enroll and cover other TEI family member(s).

(c) In the event that the TEI family member or TEI certifying family member is a minor child or a disabled adult dependent, a legal guardian may exercise the TEI's rights on his or her behalf.

(d) Accepting responsibility to self-certify as the enrollee means that you accept the Administrator's authority to make reconsideration decisions under § 894.104 and OPM's authority to correct enrollments under § 894.105.

§ 894.810 If I enroll for self plus one, may I decide which TEI family member to cover?

Generally, yes, as specified in § 894.202. However, if you are an enrollee and you do not elect a type of enrollment that covers a TEI family member, that TEI family member will not have FEDVIP coverage or benefits. A TEI family member who is not a TEI certifying family member may not self-certify and enroll himself or herself as a TEI family member in a FEDVIP plan. Note however, that a TEI family member may seek reconsideration of an erroneous enrollment under § 894.104, and the Administrator and OPM retain authority to correct enrollments under § 894.105.

§ 894.811 I am a TEI family member of a sponsor who is a retiree or Retired Reserve member who is not on active duty. My sponsor is a TEI-D but is not enrolled in a FEDVIP dental plan. Can I enroll in a FEDVIP dental plan even though my sponsor is eligible to enroll but is not enrolled?

Generally, if your sponsor is a TEI-D, he or she must enroll in a FEDVIP dental plan in order to cover TEI family members. As an exception, however, a TEI family member can accept the responsibility to self-certify and enroll in a FEDVIP dental plan as a TEI certifying family member, and cover other TEI family members, if the sponsor who is a TEI-D (eligible for FEDVIP dental benefits) is not enrolled and the sponsor meets at least one of the following conditions identified in § 894.309(a)(3)(iii):

(a) The retiree sponsor receives VA dental services;

(b) The retiree sponsor has employer-sponsored dental coverage without a family coverage option; or

(c) The retiree sponsor has a medical or dental condition that prevents him or her from obtaining dental benefits.

§ 894.812 I am a widow or widower TEI family member. Can I enroll my TEI child who is a TEI family member without enrolling myself in FEDVIP?

No. A widow or widower who is a TEI family member is the TEI certifying family member. Because there is no available sponsor, you are the enrollee, and must either:

(a) Enroll yourself and the TEI child in a self plus one enrollment; or

(b) Enroll all TEI family members in a self and family enrollment, in order for the TEI child to receive FEDVIP coverage.

§ 894.813 I am a TEI former spouse. Am I eligible to enroll in a FEDVIP vision plan?

Yes, you are eligible to enroll in a FEDVIP vision plan only. A TEI former spouse is not eligible to enroll in a FEDVIP dental plan. You are a TEI-V, and you are an enrollee, however your type of enrollment is limited to self only. You may not enroll a child, even if the child is a TEI child. The TEI child will have his or her opportunity for FEDVIP dental and/or vision coverage through your ex-spouse sponsor, or TEI certifying family member as the case may be. It is possible for a minor TEI child to be the TEI certifying family member eligible to enroll as an enrollee. If this is the case, you (or the TEI child's legal guardian if not you) may effectuate that enrollment by accepting responsibility on behalf of the TEI child to self-certify as enrollee by enrolling and, if appropriate, covering other TEI family members of the sponsor. Accepting responsibility to self-certify as enrollee on behalf of the TEI child includes consulting all of the TEI family members of the TEI certifying family member regarding their preference for coverage under the enrollment, electing an appropriate plan, option and type of enrollment, and paying the premium on behalf of the TEI child and other TEI family members for the enrollment.

§ 894.814 Is a foster child included in the definition of TEI family member?

A foster child is excluded from coverage as they are not defined to be a TEI family member. However, a pre-adoptive child, adopted child, and an eligible ward of the state are considered TEI family members.

§ 894.815 I am a sponsor. Am I responsible to notify the Administrator and my TEI family members when my FEDVIP dental or vision eligibility and/or enrollment status changes?

Yes, as sponsor, you must notify the Administrator and your TEI family members of changes in your eligibility and enrollment status. Status as an enrollee, with a right to the enrollment, depends upon your sponsor status and eligibility as a TEI, and the enrollment action you have taken. Failure to notify the Administrator and your TEI family members of a change in status within the uniformed services that affects your eligibility to enroll may result in invalid continued enrollment, or an unexpected termination of enrollment, for your TEI family members, for which you will be responsible.

(a) Example 1. (1) Status change from non-enrollee to enrollee.

(2) You are on active duty (not TEI and not an enrollee in a dental or vision plan). Your TEI certifying family member may enroll and cover TEI family members in a FEDVIP plan. Upon a change in your status to a retiree or Retired Reserve member (who is not on active duty), you become a TEI and may enroll yourself and TEI family members in a FEDVIP plan. Your TEI certifying family member is no longer the enrollee, and you must notify the Administrator of your change in status. The Administrator will send the TEI certifying family member notice that his or her enrollment is terminated, and notify them that their sponsor (i.e. you), may enroll, and may cover TEI family members on the new enrollment.

(b) Example 2. (1) Status change from non-enrollee to enrollee.

(2) You are a retiree or a retired Reserve member and as a TEI-D you are eligible for, but not enrolled in, a FEDVIP dental plan and you satisfy at least one of the conditions at § 894.309(a)(3)(iii). You are not an enrollee because you are not enrolled, and therefore cannot cover TEI family members. Your TEI certifying family member may enroll and cover TEI family members in a FEDVIP dental plan. Upon a change in your status causing you to no longer satisfy one of the conditions, your TEI certifying family member is no longer the enrollee, and you must notify the Administrator. The Administrator will send your TEI certifying family member notice that their enrollment is terminated, and notify them that their sponsor (i.e. you), may enroll, and may cover TEI family members on the new enrollment.

(c) Example 3. (1) Status change from enrollee to non-enrollee.

(2) You are a retiree or Retired Reserve member (who is not on active duty), and you go on active duty. You lose TEI status and you are no longer eligible to be an enrollee. You must notify the Administrator of your change in status. The Administrator will terminate your enrollment and notify you that a TEI certifying family member may accept responsibility to self-certify as enrollee by enrolling and, if appropriate, covering other TEI family members by electing self plus one or self and family type of enrollment for only a FEDVIP vision plan. You are responsible to notify your covered TEI family members that your enrollment will terminate, and of their opportunity to accept responsibility to self-certify as enrollee.

§ 894.816 If I return from active duty and retire, what happens to my TEI family members' enrollment in their FEDVIP vision plan?

As a uniformed services member on active duty, you are the sponsor but you are not eligible to enroll in a FEDVIP vision plan and you cannot be the enrollee. A TEI certifying family member may be the enrollee while you are on active duty. Upon your retirement, however, you become eligible to enroll as a TEI-V and TEI-D, and the current enrollee status of your TEI certifying family member ends. As sponsor, you are responsible for notifying the Administrator and your TEI family members of your change in status. The TEI family members' enrollment will be terminated and as a TEI-V and TEI-D who is both sponsor and enrollee, you may enroll yourself and cover TEI family members. See § 894.601.

§ 894.817 If I am a retiree who is a TEI-V and I return to active duty, what happens to my TEI family members' enrollment in their FEDVIP vision plan?

If you and your TEI family members are enrolled in a FEDVIP vision plan while you are retired, and you return to active duty, you will no longer be eligible to enroll in a FEDVIP vision plan and cannot continue to be the enrollee even though you are the sponsor. The current enrollment for you and your TEI family members will terminate and your coverage stops at the end of the pay period for which the premium payment was made from your uniformed services retirement pay. A TEI certifying family member may accept responsibility to self-certify as the enrollee by enrolling and, if appropriate, covering other TEI family members. You are responsible for notifying your covered TEI family members that your enrollment will terminate and of their opportunity to accept responsibility to self-certify as the enrollee. Once the TEI certifying family member enrolls, and covers your TEI family members, they can remain enrolled in a FEDVIP vision plan for the duration of your active duty service. See § 894.601.

[FR Doc. 2018-25114 Filed 11-14-18; 4:15 pm] BILLING CODE 6325-64-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0586; Product Identifier 2017-NM-151-AD; Amendment 39-19445; AD 2018-20-11] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc., Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; correction.

SUMMARY:

The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. That AD applies to certain Bombardier, Inc., Model DHC-8-300 series airplanes. As published, a service information citation is incorrect. This document corrects the error. In all other respects, the original document remains the same.

DATES:

This correction is effective November 23, 2018.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 23, 2018 (83 FR 52754, October 18, 2018).

ADDRESSES:

For service information identified in this final rule, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0586.

Examining the AD Docket

You may examine the AD docket on the internet at http://www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, 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:

Darren Gassetto, Aerospace Engineer, Mechanical Systems and Admin Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7323; fax 516-794-5531; email [email protected]

SUPPLEMENTARY INFORMATION:

Airworthiness Directive 2018-20-11, Amendment 39-19445 (83 FR 52754, October 18, 2018) (“AD 2018-20-11”), requires a detailed inspection of the ball bearings of an emergency exit, replacement of bearings if necessary, application of corrosion inhibiting compound (CIC), and revision of the maintenance or inspection program, as applicable. That AD applies to certain Bombardier, Inc., Model DHC-8-300 series airplanes.

Need for the Correction

As published, a service information citation is incorrect in the following preamble and regulatory text locations: Related Service Information Under 1 CFR part 51; paragraph (g) of AD 2018-20-11; and paragraph (l)(2)(iii) of AD 2018-20-11.

In those locations, AD 2018-20-11 refers to Temporary Revision (TR) 54-042, dated April 10, 2018, to the DHC-8-300 Aircraft Maintenance Manual (AMM), but the document is actually Temporary Revision (TR) 52-042, dated April 10, 2018, to the DHC-8-300 Aircraft Maintenance Manual (AMM).

Related Service Information Under 1 CFR Part 51

Bombardier has issued the following service information:

• Service Bulletin 8-52-65, dated July 26, 2017, which describes procedures for a detailed inspection of the forward right-hand type I emergency exit door ball bearings for corrosion, seal damage, and loss of lubricant; applying CIC; and replacing emergency exit door ball bearings if necessary.

• de Havilland Inc. Dash 8 Series 300 Maintenance Task Card Task Number 5220/12 (“Servicing of Forward RH Emergency Exit Mechanisms”), dated March 15, 2017, which describes procedures for servicing the forward right-hand emergency exit door mechanisms.

• Temporary Revision (TR) 52-042, dated April 10, 2018, to the DHC-8-300 Aircraft Maintenance Manual (AMM), which describes procedures for servicing the type I emergency exit door mechanisms.

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.

Correction of Publication

This document corrects an error and correctly adds the AD as an amendment to 14 CFR 39.13. Although no other part of the preamble or regulatory information has been corrected, we are publishing the entire rule in the Federal Register.

The effective date of this AD remains November 23, 2018.

Since this action only corrects a service information citation, it has no adverse economic impact and imposes no additional burden on any person. Therefore, we have determined that notice and public procedures are unnecessary.

List of Subjects in 14 CFR Part 39

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

Adoption of the Correction

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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 [Corrected]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-20-11 Bombardier, Inc.: Amendment 39-19445; Docket No. FAA-2018-0586; Product Identifier 2017-NM-151-AD. (a) Effective Date

This AD is effective November 23, 2018.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Bombardier, Inc., Model DHC-8-301, -311, and -315 airplanes, certificated in any category, serial numbers 100 through 672 inclusive.

(d) Subject

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

(e) Reason

This AD was prompted by reports indicating that the forward right-hand type I emergency exit door could not be opened during maintenance. An investigation determined that the exit door handle was jammed due to corroded center and lower shaft ball bearings. We are issuing this AD to address corrosion of the emergency exit door ball bearings, which could result in the inability to open the emergency exit door during an emergency evacuation and consequently impede airplane egress.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

Within 60 days after November 23, 2018 (the effective date of this AD): Revise the maintenance or inspection program, as applicable, to incorporate de Havilland Inc. Dash 8 Series 300 Maintenance Task Card Task Number 5220/12 (“Servicing of Forward RH Emergency Exit Mechanisms”), dated March 15, 2017; and Temporary Revision 52-042, dated April 10, 2018, to the DHC-8-300 Aircraft Maintenance Manual (AMM). The initial compliance time for doing the task is at the time specified in de Havilland Inc. Dash 8 Series 300 Maintenance Task Card Task Number 5220/12 (“Servicing of Forward RH Emergency Exit Mechanisms”), dated March 15, 2017, or within 60 days after November 23, 2018, whichever occurs later.

(h) Inspection and Replacement

Within 5,000 flight hours or 36 months, whichever occurs first, after November 23, 2018 (the effective date of this AD): Do a detailed inspection of all ball bearings of the forward right-hand type I emergency exit for corrosion, seal damage, and loss of lubricant; replace bearings as applicable; and apply corrosion inhibiting compound (CIC); in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 8-52-65, dated July 26, 2017. Do all applicable replacements before further flight.

(i) No Alternative Actions or Intervals

After the maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2017-30, dated August 30, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0586.

(2) For more information about this AD, contact Darren Gassetto, Aerospace Engineer, Mechanical Systems and Admin Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7323; fax 516-794-5531; email [email protected]

(l) Material Incorporated by Reference

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

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

(3) The following service information was approved for IBR on November 23, 2018 (83 FR 52754, October 18, 2018).

(i) Bombardier Service Bulletin 8-52-65, dated July 26, 2017.

(ii) de Havilland Inc. Dash 8 Series 300 Maintenance Task Card Task Number 5220/12 (“Servicing of Forward RH Emergency Exit Mechanisms”), dated March 15, 2017.

(iii) Temporary Revision (TR) 52-042, dated April 10, 2018, to the DHC-8-300 Aircraft Maintenance Manual (AMM).

(4) For service information identified in this AD, contact Bombardier, Inc. Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; internet http://www.bombardier.com.

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

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

Issued in Des Moines, Washington, on November 8, 2018. Chris Spangenberg, Acting Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-25002 Filed 11-16-18; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0980] Drawbridge Operation Regulation; Sacramento River, Rio Vista, CA AGENCY:

Coast Guard, DHS.

ACTION:

Notice of deviation from drawbridge regulation.

SUMMARY:

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rio Vista Drawbridge across Sacramento River, mile 12.8 at Rio Vista, CA. The deviation is necessary to allow the bridge owner to conduct preventative maintenance on the bridge. This deviation allows the bridge to operate at various specified times during the deviation period.

DATES:

This deviation is effective without actual notice from November 19, 2018 to 11:50 p.m. on February 15, 2019. For the purposes of enforcement, actual notice will be used from November 15, 2018 through November 19, 2018.

ADDRESSES:

The docket for this deviation, USCG-2018-0980, is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this temporary deviation, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516, email [email protected]

SUPPLEMENTARY INFORMATION:

The California Department of Transportation has requested a temporary change to the operation of the Rio Vista Drawbridge, mile 12.8, over the Sacramento River, at Rio Vista, CA. The drawbridge navigation span provides a vertical clearance of 18 feet above Mean High Water in the closed-to-navigation position. In accordance with 33 CFR 117.5, the draw opens on signal. Navigation on the waterway is commercial and recreational.

From November 15, 2018 to February 15, 2019, the draw shall open for recreational vessels in accordance with the following schedule: Monday through Friday, 7 a.m. to 3:30 p.m., the draw need not open for the passage of recreational vessels except between 11 a.m. and noon when the draw shall open on signal when notice is given to the bridge tender. The draw shall open on signal, Monday through Friday, 3:30 p.m. to 7 a.m. the following morning, if at least a 4-hour notification is given to the bridge tender. The draw shall open on signal from 7 a.m. on Saturday though 11:59 p.m. on Sunday when notice is given to the bridge tender.

From November 15, 2018 to February 15, 2019, the draw shall open for commercial vessels in accordance with the following schedule: The draw shall open on signal from midnight on Monday through 7 a.m. on Saturday if at least a 4-hour notification is given to the bridge tender. The draw shall open on signal from 7 a.m. on Saturday through 11:59 p.m. on Sunday when notice is given to the bridge tender.

The temporary schedule change will allow the bridge owner to conduct needed maintenance and painting on the lift span portion of the bridge. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised.

Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will be able to open for emergencies in accordance with 33 CFR 117.31(b). There is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so vessel operators can arrange their transits to minimize any impact caused by the temporary deviation.

In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: November 6, 2018. Carl T. Hausner, District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2018-25153 Filed 11-16-18; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0371] RIN 1625-AA00 Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PA AGENCY:

Coast Guard, DHS.

ACTION:

Final rule.

SUMMARY:

The Coast Guard is amending the existing recurring fireworks safety zone on the Delaware River Adjacent to Penn's Landing in Philadelphia, Pennsylvania. This amendment allows the Coast Guard to enforce the safety zone at this location throughout the entire year. The Coast Guard will notify the public of upcoming enforcement of the zone through publication of a Notice of Enforcement in the Federal Register and Broadcast Notice to Mariners. This change will expedite public notification of events at the location and ensure the protection of the maritime public and event participants from the hazards associated with fireworks displays in the Delaware River adjacent to Penn's Landing.

DATES:

This rule is effective December 19, 2018.

ADDRESSES:

To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2018-0371 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule, call or email Petty Officer Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division; telephone 215-271-4814, email [email protected]

SUPPLEMENTARY INFORMATION:

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

The Coast Guard routinely receives requests for fireworks displays in the Delaware River Adjacent to Penn's Landing in Philadelphia, Pennsylvania. As a result, the Coast Guard previously issued a rule creating a recurring safety zone location for this location, listed as entry (a)16 in the table to 33 CFR 165.506. That regulation lists possible days of anticipated enforcement as July 2nd, 3rd, 4th, or 5th; Columbus Day; December 31st, and January 1st. In recent years, however, the number of firework events at this location have significantly increased. To date in the year 2018 there have been 13 requests for fireworks events at this location—many more than the anticipated number of approximately 3 events covered by the current regulation. The additional requests fall outside the enforcement dates listed in the CFR. As a result, the Coast Guard had to issue numerous temporary safety zones to cover the additional events that fall outside of the coverage of the current regulation. In accordance with good cause exceptions found in 5 U.S.C. 553, the rules creating these temporary safety zones are generally not preceded by notice of proposed rulemaking due to the short lead-time often provided to the Coast Guard.

In response, on September 21, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled “Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PA” (83 FR 47852). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action. During the comment period that ended October 22, 2018, we received one comment.

III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Delaware Bay (COTP) has determined that potential hazards associated with the fireworks to be used in this type of display will be a safety concern for anyone within a 500 yard radius of the fireworks barge. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

As noted above, we received one comment on our NPRM published September 21, 2018. The comment was supportive of the proposed rulemaking. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.

This rule revises the recurring fireworks safety zone near Penn's Landing, listed as entry (a)16 in the table to 33 CFR 165.506. Although this safety zone will be January through December each year, enforcement of the safety zone will only be for short periods of time before, during and after fireworks shows at this location. In order to promote clarity, Penn's Landing has been added to the location column of the revised regulatory text. The column defining the boundaries of the regulated area has also been updated to improve clarity and more efficiently define the regulated area. The revised safety zone will cover all navigable waters of the Delaware River within 500 yards of a fireworks barge located at approximately 39°56′49″ N, longitude 075°08′11″ W, adjacent to Penn's Landing, Philadelphia, Pennsylvania.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

This regulatory action determination is based on the size, location, duration and time of day of the safety zone. Only a small, designated area of the Delaware River will be impacted during enforcement. Consistent with the current regulatory text found in 33 CFR 165.506(d), the default time period this zone will be enforced during each activation is between 5:30 p.m. and 1 a.m. That regulation, however, allows for modifications in this timeframe. In practice, the zone is typically activated with only a two-hour enforcement time period. During the evening, when enforcement is occurring, commercial and recreational traffic is normally low. Notification of enforcement dates and times will be made, at a minimum, to the maritime community via Notice of Enforcement published in the Federal Register, Broadcast Notice to Mariners, and actual notice will be provided via on-scene enforcement vessels. Notifications will be updated as necessary to keep the maritime community informed of the status of the safety zone.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

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

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this rule.

If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order13132.

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

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

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

2. In § 165.506, revise entry (a)16 in the table to § 165.506 to read as follows:
§ 165.506 Safety Zones; Fireworks Displays in the Fifth Coast Guard District. Table to § 165.506 (a) Coast Guard Sector Delaware Bay—COTP Zone *         *         *         *         *         *         * 16 January 1st-December 31st: Any day specified by Notice of Enforcement published in the Federal Register and broadcast via Broadcast Notice to Mariners Penn's Landing, Delaware River, Philadelphia PA; Safety Zone All waters of Delaware River, adjacent to Penn's Landing, Philadelphia, PA, within 500 yards of a fireworks barge at approximate position latitude 39°56′49″ N, longitude 075°08′11″ W. *         *         *         *         *         *         *
Dated: November 13, 2018, Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-25129 Filed 11-16-18; 8:45 am] BILLING CODE 9110-04-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2018-0099; A-1-FRL-9983-32-Region 1] Air Plan Approval; Connecticut; Volatile Organic Compound Emissions From Consumer Products and Architectural and Industrial Maintenance Coatings AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. The SIP revision amends requirements for controlling volatile organic compound (VOC) emissions from consumer products and architectural and industrial maintenance (AIM) coatings by revising Regulations of Connecticut State Agencies (RCSA) sections 22a-174-40, 22a-174-41, and adding section 22a-174-41a. The intended effect of this action is to approve these regulations into the Connecticut SIP. This action is being taken in accordance with the Clean Air Act (CAA).

DATES:

Written comments must be received on or before December 19, 2018.

ADDRESSES:

EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2018-0099. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT:

David L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square—Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel. 617-918-1584, email [email protected]

SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.

Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose

On June 4, 2018 (83 FR 25615), EPA issued a notice of proposed rulemaking (NPR) for the State of Connecticut. In the NPR, EPA proposed approval of SIP revisions submitted by the Connecticut Department of Energy and Environmental Protection (CT DEEP) on October 18, 2017. The SIP submittal included revised sections 22a-174-40 “Consumer Products” and 22a-174-41 “Architectural and Industrial Maintenance Products—Phase 1” and adds new section 22a-174-41a “Architectural and Industrial Maintenance Products—Phase 2.”

The NPR provides the rationale for EPA's proposed approval, which will not be restated here.

II. Response to Comments

EPA received three anonymous comments in response to the notice of proposed rulemaking. The comments address subjects outside the scope of the proposed action, do not explain (or provide a legal basis for) how the proposed action should differ in any way, and make no specific mention of the proposed action. Therefore, the comments are not germane and EPA provides no further response.

III. Final Action

EPA is approving the October 18, 2017, CT DEEP SIP submittal consisting of revised section 22a-174-40 “Consumer Products” and 22a-174-41 “Architectural and Industrial Maintenance Products—Phase 1” and new section 22a-174-41a “Architectural and Industrial Maintenance Products—Phase 2,” all of which became effective in the State of Connecticut on October 5, 2017.

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Connecticut regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA Region 1 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 18, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

Dated: November 1, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1.

Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

42 U.S.C. 7401 et seq.

Subpart H—Connecticut 2. Section 52.370 is amended by adding paragraph (c)(119) to read as follows:
§ 52.370 Identification of plan.

(c) * * *

(119) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on October 18, 2017.

(i) Incorporation by reference. (A) Regulations of Connecticut State Agencies Section 22a-174-40, entitled “Consumer Products,” effective Oct 5, 2017.

(B) Regulations of Connecticut State Agencies Section 22a-174-41, entitled “Architectural and Industrial Maintenance Products—Phase 1,” effective Oct 5, 2017.

(C) Regulations of Connecticut State Agencies Section 22a-174-41a, entitled “Architectural and Industrial Maintenance Products—Phase 2,” effective Oct 5, 2017.

3. Section 52.385, Table 52.385 is amended by: a. Revising entries for “22a-174-40” and “22a-174-41” and b. Adding the entry “22a-174-41a” after the entry “22a-174-41”'

The revisions and addition read as follows:

§ 52.385 EPA-Approved Connecticut Regulations Table 52.385—EPA-Approved Regulations Connecticut State
  • citation
  • Title/subject Dates Date adopted
  • by State
  • Date approved
  • by EPA
  • Federal Register
  • citation
  • Section 52.370 Comments/
  • description
  • *         *         *         *         *         *         * 22a-174-40 Consumer Products 10/5/2017 11/19/2018 [Insert Federal Register citation] (c)(119). 22a-174-41 Architectural and Industrial Maintenance Products—Phase 1 10/5/2017 11/19/2018 [Insert Federal Register citation] (c)(119). 22a-174-41a Architectural and Industrial Maintenance Products—Phase 2 10/5/2017 11/19/2018 [Insert Federal Register citation] (c)(119). *         *         *         *         *         *         *
    [FR Doc. 2018-24895 Filed 11-16-18; 8:45 am] BILLING CODE 6560-50-P
    83 223 Monday, November 19, 2018 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0980; Product Identifier 2017-SW-123-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 C-2 helicopters. This proposed AD would require establishing or reducing the life limit of various parts. This proposed AD is prompted by recalculations. The actions of this proposed AD are intended to address an unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by January 18, 2019.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0980; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the European Aviation Safety Agency (EASA) AD, the economic evaluation, any comments received, and other information. The street address for Docket Operations (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Comments Invited

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

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

    Discussion

    EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2017-0174, dated September 12, 2017 (EASA AD 2017-0174), to correct an unsafe condition for Airbus Helicopters Model MBB-BK 117 C-2 helicopters. EASA advises that recalculation by Airbus Helicopters has resulted in new or reduced life limits for certain parts. EASA AD 2017-0174 states the life limits are mandatory for continued airworthiness and failing to replace life-limited parts as specified could result in an unsafe condition. To address this condition, EASA AD 2017-0174 requires replacing the affected parts before exceeding their new or reduced life limit.

    FAA's Determination

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

    Related Service Information

    We reviewed Airbus Helicopters Alert Service Bulletin ASB MBB-BK117 C-2-04A-008, Revision 0, dated April 27, 2017, for Model MBB-BK 117 C-2 and C-2e helicopters. This service information specifies entering into the helicopter records the reduced and new airworthiness life limits for certain part-numbered main rotor head, swash plate, rotor flight controls, cyclic controls, and upper controls parts.

    Proposed AD Requirements

    This proposed AD would require establishing and reducing the life limit of the following parts: Main rotor head—nut, upper and lower quadruple nut, bolts, and inner sleeve; swash plate control ring assembly; rotor flight control collective bellcrank-K; cyclic control rod tube; and upper control forked lever.

    Costs of Compliance

    We estimate that this proposed AD would affect 128 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour.

    Replacing a nut would take about 5 work-hours and parts would cost about $3,352 for an estimated replacement cost of $3,777.

    Replacing a quadruple nut upper would take about 5 work-hours and parts would cost about $3,283 for an estimated replacement cost of $3,708.

    Replacing a quadruple nut lower would take about 5 work-hours and parts would cost about $3,405 for an estimated replacement cost of $3,830.

    Replacing a bolt would take about 2 work-hours and parts would cost about $370 for an estimated replacement cost of $540.

    Replacing an inner sleeve would take about 2 work-hours and parts would cost about $20,073 for an estimated replacement cost of $20,243.

    Replacing a control ring assembly would take about 5 work-hours and parts would cost about $11,141 for an estimated replacement cost of $11,566.

    Replacing a bellcrank-K (collective) would take about 4 work-hours and parts would cost about $3,400 for an estimated replacement cost of $3,740.

    Replacing a control rod tube would take about 4 work-hours and parts would cost about $1,084 for an estimated replacement cost of $1,424.

    Replacing a forked lever would take about 3 work-hours and parts would cost about $6,049 for an estimated replacement cost of $6,304.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed, I certify this proposed regulation:

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus Helicopters Deutschland GmbH: Docket No. FAA-2018-0980; Product Identifier 2017-SW-123-AD. (a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model MBB-BK 117 C-2 helicopters with a part listed in Table 1 to paragraph (e) of this AD installed, certificated in any category.

    Note 1 to paragraph (a) of this AD:

    Helicopters with an MBB-BK117 C-2e designation are Model MBB-BK117 C-2 helicopters.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a part remaining in service beyond its fatigue life. This condition could result in failure of a part and loss of control of the helicopter.

    (c) Comments Due Date

    We must receive comments by January 18, 2019.

    (d) Compliance

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

    (e) Required Actions

    Before further flight, remove from service any part that has reached or exceeded its new or reduced life limit as listed in Table 1 to paragraph (e) of this AD. Thereafter, remove from service each part on or before reaching its new or reduced life limit as listed in Table 1 to paragraph (e) of this AD. For purposes of this AD, a “landing” is counted any time the helicopter lifts off into the air and then lands again regardless of the duration of the landing and regardless of whether the engine is shut down.

    BILLING CODE 4910-13-P EP19NO18.001 BILLING CODE 4910-13-C (f) Alternative Methods of Compliance (AMOCs)

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

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

    (g) Additional Information

    (1) Airbus Helicopters Alert Service Bulletin ASB MBB-BK117 C-2-04A-008, Revision 0, dated April 27, 2017, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

    (2) The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2017-0174, dated September 12, 2017. You may view the EASA AD on the internet at http://www.regulations.gov in the AD Docket.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor Head; 6230 Main Rotor Mast/Swashplate; and 6710, Main Rotor Control.

    Issued in Fort Worth, Texas, on November 6, 2018. James A. Grigg, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.
    [FR Doc. 2018-24995 Filed 11-16-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0920; Product Identifier 2016-NE-09-AD] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney Division Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2016-22-05, which applies to certain Pratt & Whitney Division (PW) PW4164, PW4164-1D, PW4168, PW4168-1D, PW4168A, PW4168A-1D, and PW4170 turbofan engines. AD 2016-22-05 requires initial and repetitive inspections of the affected fuel nozzles and their replacement with parts eligible for installation. Since we issued AD 2016-22-05, PW introduced newly forged fuel nozzles, fuel manifold brackets, and clamps. This proposed AD would require initial and repetitive inspections of the affected fuel nozzles and fuel nozzle supply manifold assemblies, replacement of the affected fuel nozzles with parts eligible for installation, and the installation of new brackets and clamps on the fuel supply manifold assemblies with parts eligible for installation. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by January 3, 2019.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06108; phone: 860-565-8770; fax: 860-565-4503. You may view this service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0920; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Scott Hopper, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7154; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0920; Product Identifier 2016-NE-09-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

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

    Discussion

    We issued AD 2016-22-05, Amendment 39-18694 (81 FR 75686, November 1, 2016), (“AD 2016-22-05”), for certain PW PW4164, PW4164-1D, PW4168, PW4168-1D, PW4168A, PW4168A-1D, and PW4170 turbofan engines. AD 2016-22-05 requires initial and repetitive inspections of the affected fuel nozzles and their replacement with parts eligible for installation. AD 2016-22-05 resulted from several instances of fuel leaks on PW engines installed with the Talon IIB combustion chamber configuration. We issued AD 2016-22-05 to prevent failure of the fuel nozzles, which could lead to engine fire and damage to the airplane.

    Actions Since AD 2016-22-05 Was Issued

    Since we issued AD 2016-22-05, multiple PW4000 turbofan engines experienced fuel leaks resulting in engine fires. A subsequent review of the potential causes identified cracks in the fuel manifold at the braze joint. As a result, PW published PW Alert Service Bulletin (ASB) PW4G-100-A73-47, dated March 10, 2017, and PW Service Bulletin (SB) PW4G-100-73-48, Revision No. 1, dated April 24, 2018, to introduce a forged fuel nozzle that removes the brazed inlet fitting and adds new brackets and clamps to the fuel supply manifolds to dampen combustion chamber vibrations.

    Related Service Information Under 1 CFR Part 51

    We reviewed PW ASB PW4G-100-A73-45, dated February 16, 2016; PW ASB PW4G-100-A73-47, dated March 10, 2017; and PW SB PW4G-100-73-48, Revision No. 1, dated April 24, 2018. PW ASB PW4G-100-A73-45 describes procedures for inspecting and replacing the fuel nozzles. PW ASB PW4G-100-A73-47 describes procedures for replacing the fuel nozzle and support assembly. PW SB PW4G-100-73-48 describes procedures for replacing the fuel nozzle manifold assemblies and installing new brackets and clamps on the manifolds. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2016-22-05. This proposed AD would require initial and repetitive inspections and replacement of the affected fuel nozzles. This proposed AD would also require replacement of the affected fuel nozzle supply manifold assemblies and the installation of new brackets and clamps on the fuel supply manifold assemblies with parts eligible for installation.

    Differences Between This Proposed AD and the Service Information

    PW ASB PW4G-100-A73-47, dated March 10, 2017, requires the installation of the new fuel nozzles by April 1, 2019, which is approximately 24 months from the PW ASB issue date. This AD requires initial inspection and replacement of failed fuel nozzles before further flight and installation of new fuel nozzles within 24 months after the effective date of this AD.

    Costs of Compliance

    We estimate that this proposed AD affects 72 engines installed on airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspect fuel nozzles 2.2 work-hours × $85 per hour = $187 $0 $187 $13,464 Open and close cowl doors (on-wing) 1 work-hour × $85 per hour = $85 0 85 6,120 Remove and replace (24) fuel nozzles 48 work-hours × $85 per hour = $4,080 423,471.12 427,551.12 30,783,680.64 Remove and re-install necessary hardware according to AMM 23 work-hours × $85 per hour = $1,955 0 1,955 140,760 Replace Fuel Supply Manifold Tubes and install new clamps/brackets 16 work-hours × $85 per hour = $1,360 77,158.97 78,518.97 5,653,365.84
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify that the proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2016-22-05, Amendment 39-18694 (81 FR 75686, November 1, 2016), and adding the following new AD: Pratt & Whitney Division: Docket No. FAA-2018-0920; Product Identifier 2016-NE-09-AD. (a) Comments Due Date

    The FAA must receive comments on this AD action by January 3, 2019.

    (b) Affected ADs

    This AD replaces AD 2016-22-05, Amendment 39-18694 (81 FR 75686, November 1, 2016).

    (c) Applicability

    This AD applies to Pratt & Whitney Division (PW):

    (1) PW4164, PW4168, and PW4168A model engines that have fuel nozzles, part number (P/N) 51J345, installed, and that have any of the following installed: Talon IIB combustion chamber per PW Service Bulletin (SB) PW4G-100-72-214, dated December 15, 2011; ring case configuration (RRC) high-pressure compressor (HPC) per PW SB PW4G-100-72-219, Revision No. 1, dated October 5, 2011, or original issue; or the outer combustion chamber assembly waspaloy nuts per PW SB PW4G-100-72-253, dated November 24, 2014;

    (2) PW4168A model engines with Talon IIA outer combustion chamber assembly, P/N 51J100 or 51J382, and fuel nozzles, P/N 51J345, with serial numbers CGGUA19703 through CGGUA19718, inclusive, or CGGUA22996 and higher, installed;

    (3) PW4168A-1D and PW4170 model engines with engine serial numbers P735001 through P735190, inclusive, and fuel nozzles, P/N 51J345, installed; and

    (4) PW4164-1D, PW4168-1D, PW4168A-1D, and PW4170 model engines that have installed the RRC HPC per PW SB PW4G-100-72-220, Revision No. 4, dated September 30, 2011, or earlier revision, and have fuel nozzles, P/N 51J345, installed.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7310, Engine Fuel Distribution.

    (e) Unsafe Condition

    This AD was prompted by several instances of fuel leaks on PW engines with the Talon IIB combustion chamber configuration installed. We are issuing this AD to prevent failure of the fuel nozzles. The unsafe condition, if not addressed, could result in engine fire and damage to the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) Within 800 flight hours (FHs) after December 6, 2016, the effective date of AD 2016-22-05, or before further flight, whichever occurs later, and after that within every 800 FHs accumulated on the fuel nozzles, perform the following:

    (i) Inspect all fuel nozzles, P/N 51J345, in accordance with Part A, of PW Alert Service Bulletin (ASB) PW4G-100-A73-45, dated February 16, 2016.

    (ii) For any fuel nozzle that fails the inspection, before further flight, remove and replace with a part that is eligible for installation.

    (2) At next shop visit or within 24 months after the effective date of this AD, whichever occurs first, perform the following:

    (i) Remove all fuel nozzles, P/N 51J345, in accordance with Part A, of PW ASB PW4G-100-A73-47, dated March 10, 2017, and replace with parts eligible for installation.

    (ii) Replace the fuel nozzle manifold supply assemblies and install the new brackets and clamps on the fuel supply manifolds in accordance with Accomplishment Instructions, “For Engines Installed on Aircraft” or “For Engines Not Installed on Aircraft,” of PW SB PW4G-100-73-48, Revision No. 1, dated April 24, 2018.

    (h) Definitions

    (1) For the purpose of this AD, an “engine shop visit” is the induction of an engine into the shop for maintenance involving the separation of pairs of major mating engine case flanges, except for the following situations, which do not constitute an engine shop visit:

    (i) Separation of engine flanges solely for the purposes of transportation of the engine without subsequent maintenance.

    (ii) Separation of engine flanges solely for the purpose of replacing the fan or propulsor without subsequent engine maintenance.

    (2) For the purpose of this AD, a part that is “eligible for installation” is a fuel nozzle with a P/N other than 51J345 that is FAA-approved for installation, and that meets the requirements of Part A, paragraph 5.B., or Part B, paragraph 2, of PW ASB PW4G-100-A73-47, dated March 10, 2017.

    (i) Terminating Action

    Installation of the eligible fuel nozzles, replacement of manifold supply assemblies, and installation of brackets and clamps in accordance with (g)(2) of this AD constitutes terminating action for the repetitive inspection requirements of paragraph (g)(1) of this AD.

    (j) Alternative Methods of Compliance (AMOCs)

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

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

    (k) Related Information

    (1) For more information about this AD, contact Scott Hopper, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7154; fax: 781-238-7199; email: [email protected]

    (2) For service information identified in this AD, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06108; phone: 860-565-8770; fax: 860-565-4503. You may view this service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    Issued in Burlington, Massachusetts, on November 9, 2018. Karen M. Grant, Acting Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-24965 Filed 11-16-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0961; Product Identifier 2018-NM-121-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by reports indicating that the pitot heat switch is not always set to ON, which could result in misleading air data. This proposed AD would require replacement of pitot anti-icing system components, installation of a junction box and wiring provisions, repetitive testing of the anti-icing system, and applicable on-condition actions. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by January 3, 2019.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0961.

    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-2018-0961; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Frank Carreras, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3539; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0961; Product Identifier 2018-NM-121-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

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

    Discussion

    We have received reports indicating that the pitot heat switch is not always set to ON. The failure to activate the manually activated pitot anti-icing system likely resulted in misleading air data that contributed to an accident and three incidents involving Boeing Model 737 airplanes. This condition, if not addressed, could result in the air data sensors not being heated, which could allow ice to form on the sensors and cause erroneous air data. This erroneous air data can lead to loss of crew situational awareness and an inability to maintain continued safe flight and landing of the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017. The service information describes procedures for replacement and repetitive testing of the P5-9 window and pitot heat module, changing the anti-icing system to automatically supply power to heat the air data sensors. If flight crews fail to activate it manually, the anti-icing system will come on automatically after engine start.

    We also reviewed the following concurrent service information.

    • Boeing Service Bulletin 737-30-1067, Revision 1, dated May 4, 2017. This service information describes procedures for installing a new J18 junction box to change the anti-icing system.

    • Boeing Service Bulletin 737-30-1068, Revision 1, dated May 4, 2017. This service information describes procedures for installing wiring provisions to the anti-icing system.

    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.

    Minimum Equipment List (MEL) Provision

    Operators are required by 14 CFR part 91 to have an MEL to operate with inoperable equipment. Paragraph (l) of this proposed AD allows for the operation of the airplane even if the modified air data probe heat (ADPH) system is inoperable, so long as the operator's MEL has a provision to allow for this inoperability.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require accomplishment of the actions identified as “RC” (required for compliance) in the Accomplishment Instructions of Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017, described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD.

    This proposed AD would also require accomplishing the actions specified in Boeing Service Bulletin 737-30-1067, Revision 1, dated May 4, 2017; and Boeing Service Bulletin 737-30-1068, Revision 1, dated May 4, 2017, described previously.

    For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0961.

    Costs of Compliance

    We estimate that this proposed AD affects 296 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs for Required Actions Action Labor cost Parts cost Cost per product Cost on U.S.
  • operators
  • Replacement (Boeing Alert Service Bulletin 737-30A1064) 6 work-hours × $85 per hour = $510 $0 $510 $150,960. Repetitive tests (Boeing Alert Service Bulletin 737-30A1064) 5 work-hours × $85 per hour = $425 per inspection cycle 0 $425 per inspection cycle $125,800 per inspection cycle. J18 Junction box installation (Boeing Service Bulletin 737-30-1067) Up to 75 work-hours × $85 per hour = $6,375 23,614 Up to $29,989 Up to $8,876,744. Installation of wire provisions (Boeing Service Bulletin 737-30-1068) Up to 193 work-hours × $85 per hour = $16,405 4,800 Up to $21,205 Up to $6,276,680.

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2018-0961; Product Identifier 2018-NM-121-AD. (a) Comments Due Date

    We must receive comments by January 3, 2019.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017.

    (d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain protection.

    (e) Unsafe Condition

    This AD was prompted by reports indicating that the pitot heat switch is not always set to ON, which could result in misleading air data. We are issuing this AD to address misleading air data, which can lead to loss of crew situational awareness and could ultimately result in the inability to maintain continued safe flight and landing.

    (f) Compliance

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

    (g) Actions for Group 5

    For airplanes identified as Group 5 in Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017: Within 120 days after the effective date of this AD, inspect the airplane and do all applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph (m) of this AD.

    (h) Required Actions for Groups 1 Through 4

    Except as specified by paragraph (j) of this AD, for airplanes identified as Groups 1 through 4 in Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017: At the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017, do all applicable actions identified as “RC” (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017.

    (i) Concurrent Requirements

    For airplanes identified as Groups 1 through 4 in Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017: Prior to or concurrently with the action required by paragraph (h) of this AD, install a new J18 junction box to change the anti-icing system, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737-30-1067, Revision 1, dated May 4, 2017, and install wiring provisions to the anti-icing system, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737-30-1068, Revision 1, dated May 4, 2017.

    (j) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017, uses the phrase “the original issue date of this service bulletin,” this AD requires using “the effective date of this AD.”

    (k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 737-30A1064, dated May 4, 2017, provided that step 15 for Groups 1 through 4, as applicable, of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017, is done at the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017, or within 180 days after the effective date of this AD, whichever occurs later.

    (l) Minimum Equipment List (MEL)

    In the event that the air data probe heat (ADPH) system as modified by this AD is inoperable, an airplane may be operated as specified in the operator's MEL, provided the MEL includes provisions that address the modified ADPH system.

    (m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (n)(2) of this AD. Information may be emailed to: [email protected]

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

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

    (4) For service information that contains steps that are labeled as RC, the provisions of paragraphs (m)(4)(i) and (m)(4)(ii) of this AD apply.

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

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

    (n) Related Information

    (1) For more information about this AD, contact Frank Carreras, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3539; email: [email protected]

    (2) For information about AMOCs, contact Jeffrey W. Palmer, Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5851; fax: 562-627-5210; email: [email protected]

    (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on November 7, 2018. Chris Spangenberg, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-25001 Filed 11-16-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0924; Product Identifier 2018-NE-34-AD] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney Division (PW) Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Pratt & Whitney Division (PW) PW4158 turbofan engines. This proposed AD was prompted by several reports of high cycle fatigue (HCF) cracks found in the fuel nozzle supply manifold. This proposed AD would require replacement of the affected fuel nozzles and fuel nozzle manifold supply assemblies with parts eligible for installation. This proposed AD would also require installation of new brackets and clamps on the fuel supply manifold assemblies. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by January 3, 2019.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Pratt & Whitney, 400 Main Street, East Hartford, CT 06108; phone: 860-565-8770; fax: 860-565-4503. You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0924; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Scott Hopper, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7154; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0924; Product Identifier 2018-NE-34-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

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

    Discussion

    We received several reports of HCF cracks found in the fuel nozzle supply manifold tube at the braze joint interface on PW PW4158 turbofan engines identified with suffix-3 on the Engine Data Plate, and equipped with the Talon IIB combustor chamber. The root cause of the cracks in the braze joint was attributed to thermal mechanical fatigue due to high thermal gradients on engines equipped with the Talon IIB combustor chamber. This condition, if not addressed, could result in engine fire, damage to the engine, and damage to the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed PW Service Bulletin (SB) PW4ENG 73-224, dated November 8, 2017. The SB describes procedures for replacing the fuel nozzle supply manifold assemblies with parts eligible for installation, and installing new brackets and clamps on the fuel nozzle supply manifolds. 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 SB PW4ENG 73-223, dated February 5, 2018. This SB describes procedures for replacing the fuel nozzles and fuel nozzle support assemblies with parts eligible for installation.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require replacing the affected fuel nozzles and fuel nozzle manifold supply assemblies with parts eligible for installation. This proposed AD would also require installation of new brackets and clamps on the fuel supply manifold assemblies.

    Costs of Compliance

    We estimate that this proposed AD affects 114 engines installed on airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Remove and replace (24) fuel nozzles 48 work-hours × $85 per hour = $4,080 $423,471.12 $427,551.12 $48,740,827.68 Replace fuel supply manifold tubes and install new clamps and brackets 16 work-hours × $85 per hour = $1,360 77,158.97 78,518.97 8,951,162.58
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Pratt & Whitney Division: Docket No. FAA-2018-0924; Product Identifier 2018-NE-34-AD. (a) Comments Due Date

    We must receive comments by January 3, 2019.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Pratt & Whitney Division (PW) PW4158 turbofan engines designated by a -3 on the Engine Data Plate and with Talon II outer combustion chamber assembly, part number (P/N) 51J228, installed.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7310, Engine Fuel Distribution.

    (e) Unsafe Condition

    This AD was prompted by several reports of high cycle fatigue (HCF) cracks found in the fuel nozzle supply manifold tube at the braze joint interface. We are issuing this AD to prevent failure of the fuel nozzles. The unsafe condition, if not addressed, could result in engine fire, 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

    No later than, the next engine shop visit after the effective date of this AD, do the following:

    (1) Remove the 24 fuel nozzles, part number (P/N) 51J344, and replace with P/N 51J397.

    (2) Replace the fuel nozzle manifold supply assemblies and install new brackets and clamps on the fuel supply manifolds in accordance with the “For Engines Installed on Aircraft” or “For Engines Not Installed on Aircraft” sections, as applicable, of the Accomplishment Instructions in PW Service Bulletin (SB) PW4ENG 73-224, dated November 8, 2017.

    (h) Definitions

    For the purpose of this AD, an “engine shop visit” is the induction of an engine into the shop for maintenance involving the separation of pairs of major mating engine case flanges, except for the following situations, which do not constitute an engine shop visit:

    (1) Separation of engine flanges solely for the purposes of transportation of the engine without subsequent maintenance.

    (2) Separation of engine flanges solely for the purposes of replacing the fan or propulsor without subsequent maintenance.

    (i) Alternative Methods of Compliance (AMOCs)

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

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

    (j) Related Information

    (1) For more information about this AD, contact Scott Hopper, Aerospace Engineer, ECO Branch, FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7154; fax: 781-238-7199; email: [email protected]

    (2) For PW service information identified in this AD, contact Pratt & Whitney, 400 Main St., East Hartford, CT 06108; phone: 860-565-8770; fax: 860-565-4503. 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.

    Issued in Burlington, Massachusetts, on November 9, 2018. Karen M. Grant, Acting Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-24944 Filed 11-16-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 180712626-8840-01] RIN 0694-AH61 Review of Controls for Certain Emerging Technologies AGENCY:

    Bureau of Industry and Security, Commerce.

    ACTION:

    Advance notice of proposed rulemaking (ANPRM).

    SUMMARY:

    The Bureau of Industry and Security (BIS) controls the export of dual-use and less sensitive military items through the Export Administration Regulations (EAR), including the Commerce Control List (CCL). As controls on exports of technology are a key component of the effort to protect sensitive U.S. technology, many sensitive technologies are listed on the CCL, often consistent with the lists maintained by the multilateral export control regimes of which the United States is a member. Certain technologies, however, may not yet be listed on the CCL or controlled multilaterally because they are emerging technologies. As such, they have not yet been evaluated for their national security impacts. This advance notice of proposed rulemaking (ANPRM) seeks public comment on criteria for identifying emerging technologies that are essential to U.S. national security, for example because they have potential conventional weapons, intelligence collection, weapons of mass destruction, or terrorist applications or could provide the United States with a qualitative military or intelligence advantage. Comment on this ANPRM will help inform the interagency process to identify and describe such emerging technologies. This interagency process is anticipated to result in proposed rules for new Export Control Classification Numbers (ECCNs) on the CCL.

    DATES:

    Submit comments on or before December 19, 2018.

    ADDRESSES:

    You may submit comments through either of the following:

    Federal eRulemaking Portal: http://www.regulations.gov. The identification number for this rulemaking is BIS 2018-0024.

    Address: By mail or delivery to Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th Street and Pennsylvania Avenue NW, Washington, DC 20230. Refer to RIN 0694-AH61.

    FOR FURTHER INFORMATION CONTACT:

    Kirsten Mortimer, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, Department of Commerce. Phone: (202) 482-0092; Fax (202) 482-3355; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    As part of the National Defense Authorization Act (NDAA) for Fiscal Year 2019, Public Law No: 115-232, Congress enacted the Export Control Reform Act of 2018 (the Act or ECRA). Section 1758 of the Act authorizes Commerce to establish appropriate controls, including interim controls, on the export, reexport, or transfer (in country) of emerging and foundational technologies. Under the Act, emerging and foundational technologies are those essential to the national security of the United States and are not described in Section 721(a)(6)(A)(i)-(v) of the Defense Production Act of 1950, as amended. Emerging and foundational technologies, in keeping with ECRA, will be determined by an interagency process that will consider both public and classified information as well as information from the Emerging Technology Technical Advisory Committee and the Committee on Foreign Investment in the United States.

    In identifying emerging and foundational technologies, the process must consider:

    • The development of emerging and foundational technologies in foreign countries;

    • The effect export controls may have on the development of such technologies in the United States; and

    • The effectiveness of export controls on limiting the proliferation of emerging and foundational technologies in foreign countries.

    To help inform this process, this advance notice of proposed rulemaking (ANPRM) proposes several general areas for public comment. Given the challenges involved in identifying emerging and foundational technologies, this ANPRM will help Commerce and other agencies propose specific emerging technologies for control.

    Once an emerging or foundational technology has been identified, the Act authorizes Commerce to establish controls, including interim controls, on the export, reexport, or transfer (in-country) of that technology. In determining the appropriate level of export controls, the Department must consider the potential end-uses and end-users of the technology, and countries to which exports from the United States are restricted (e.g., embargoed countries). While Commerce has discretion to set the level of export controls, at a minimum it must require a license for the export of emerging and foundational technologies to countries subject to a U.S. embargo, including those subject to an arms embargo. Responses to this ANPRM will help Commerce and other agencies identify and assess emerging technologies for the purposes of updating the export control lists without impairing national security or hampering the ability of the U.S. commercial sector to keep pace with international advances in emerging fields.

    Emerging Technologies

    To assist BIS in identifying emerging technologies that are essential to the national security of the United States, this ANPRM seeks public comment on criteria for defining and identifying emerging technologies. This ANPRM describes certain categories of technology that are currently subject to the EAR but controlled only to embargoed countries, countries designated as supporters of international terrorism, and restricted end uses or end users. These categories are a representative list of the technology categories from which Commerce, through an interagency process, seeks to determine whether there are specific emerging technologies that are important to the national security of the United States for which effective controls can be implemented that avoid negatively impacting U.S. leadership in the science, technology, engineering, and manufacturing sectors.

    Commerce does not seek to expand jurisdiction over technologies that are not currently subject to the EAR, such as “fundamental research” described in § 734.8 of the EAR. For purposes of this ANPRM, Commerce does not seek to alter existing controls on technology already specifically described in the CCL. Such controls would generally continue to be addressed through multilateral regimes or interagency reviews.

    Foundational Technology

    Commerce will issue a separate ANPRM regarding identification of foundational technologies that may be important to U.S. national security. Commerce seeks public comment, however, on treating emerging and foundational technologies as separate types of technology.

    Representative Technology Categories

    The representative general categories of technology for which Commerce currently seeks to determine whether there are specific emerging technologies that are essential to the national security of the United States include:

    (1) Biotechnology, such as:

    (i) Nanobiology;

    (ii) Synthetic biology;

    (iv) Genomic and genetic engineering; or

    (v) Neurotech.

    (2) Artificial intelligence (AI) and machine learning technology, such as:

    (i) Neural networks and deep learning (e.g., brain modelling, time series prediction, classification);

    (ii) Evolution and genetic computation (e.g., genetic algorithms, genetic programming);

    (iii) Reinforcement learning;

    (iv) Computer vision (e.g., object recognition, image understanding);

    (v) Expert systems (e.g., decision support systems, teaching systems);

    (vi) Speech and audio processing (e.g., speech recognition and production);

    (vii) Natural language processing (e.g., machine translation);

    (viii) Planning (e.g., scheduling, game playing);

    (ix) Audio and video manipulation technologies (e.g., voice cloning, deepfakes);

    (x) AI cloud technologies; or

    (xi) AI chipsets.

    (3) Position, Navigation, and Timing (PNT) technology.

    (4) Microprocessor technology, such as:

    (i) Systems-on-Chip (SoC); or

    (ii) Stacked Memory on Chip.

    (5) Advanced computing technology, such as:

    (i) Memory-centric logic.

    (6) Data analytics technology, such as:

    (i) Visualization;

    (ii) Automated analysis algorithms; or

    (iii) Context-aware computing.

    (7) Quantum information and sensing technology, such as

    (i) Quantum computing;

    (ii) Quantum encryption; or

    (iii) Quantum sensing.

    (8) Logistics technology, such as:

    (i) Mobile electric power;

    (ii) Modeling and simulation;

    (iii) Total asset visibility; or

    (iv) Distribution-based Logistics Systems (DBLS).

    (9) Additive manufacturing (e.g., 3D printing);

    (10) Robotics such as:

    (i) Micro-drone and micro-robotic systems;

    (ii) Swarming technology;

    (iii) Self-assembling robots;

    (iv) Molecular robotics;

    (v) Robot compliers; or

    (vi) Smart Dust.

    (11) Brain-computer interfaces, such as

    (i) Neural-controlled interfaces;

    (ii) Mind-machine interfaces;

    (iii) Direct neural interfaces; or

    (iv) Brain-machine interfaces.

    (12) Hypersonics, such as:

    (i) Flight control algorithms;

    (ii) Propulsion technologies;

    (iii) Thermal protection systems; or

    (iv) Specialized materials (for structures, sensors, etc.).

    (13) Advanced Materials, such as:

    (i) Adaptive camouflage;

    (ii) Functional textiles (e.g., advanced fiber and fabric technology); or

    (iii) Biomaterials.

    (14) Advanced surveillance technologies, such as:

    Faceprint and voiceprint technologies.

    BIS welcomes comments on: (1) How to define emerging technology to assist identification of such technology in the future; (2) criteria to apply to determine whether there are specific technologies within these general categories that are important to U.S. national security; (3) sources to identify such technologies; (4) other general technology categories that warrant review to identify emerging technology that are important to U.S. national security; (5) the status of development of these technologies in the United States and other countries; (6) the impact specific emerging technology controls would have on U.S. technological leadership; (7) any other approaches to the issue of identifying emerging technologies important to U.S. national security, including the stage of development or maturity level of an emerging technology that would warrant consideration for export control.

    Comments should be submitted to BIS as described in the ADDRESSES section of this ANPRM by December 19, 2018.

    This rule was determined to be significant by the Office of Management Budget under Executive Order 12866.

    Dated: November 14, 2018. Matthew S. Borman, Deputy Assistant Secretary for Export Administration.
    [FR Doc. 2018-25221 Filed 11-16-18; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 300 [REG-122898-17] RIN 1545-BO38 User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice of proposed rulemaking and notice of public hearing.

    SUMMARY:

    This document contains proposed amendments to the regulations relating to imposing user fees for enrolled agents and enrolled retirement plan agents. The proposed regulations remove the initial enrollment user fee for enrolled retirement plan agents because the IRS no longer offers initial enrollment as an enrolled retirement plan agent. The proposed regulations also increase the amount of the renewal user fee for enrolled retirement plan agents from $30 to $67. In addition, the proposed regulations increase the amount of both the enrollment and renewal user fee for enrolled agents from $30 to $67. The proposed regulations affect individuals who are or apply to become enrolled agents and individuals who are enrolled retirement plan agents. The Independent Offices Appropriations Act of 1952 authorizes charging user fees.

    DATES:

    Written or electronic comments must be received by January 18, 2019. Requests to speak and outlines of topics to be discussed at the public hearing scheduled for January 24, 2019, at 10 a.m. must be received by January 18, 2019.

    ADDRESSES:

    Send submissions to: CC:PA:LPD:PR (REG-122898-17), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-122898-17), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224 or sent electronically via the Federal eRulemaking Portal at http://www.regulations.gov (IRS REG-122898-17). The public hearing will be held in the Main Auditorium of the Internal Revenue Service Building, 1111 Constitution Avenue NW, Washington, DC.

    FOR FURTHER INFORMATION CONTACT:

    Concerning the proposed regulations, Mark Shurtliff at (202) 317-6845; concerning cost methodology, Michael A. Weber at (202) 803-9738; concerning submission of comments, the public hearing, or to be placed on the building access list to attend the public hearing, Regina Johnson at (202) 317-6901 (not toll-free numbers).

    SUPPLEMENTARY INFORMATION:

    Background and Explanation of Provisions

    This document contains proposed amendments to 26 CFR part 300 regarding user fees.

    A. Enrolled Agents and Enrolled Retirement Plan Agents

    Section 330(a)(1) of title 31 of the United States Code authorizes the Secretary of the Treasury to regulate the practice of representatives before the Treasury Department. Before admitting a representative to practice, the Secretary is authorized to “require that the representative demonstrate—(A) good character; (B) good reputation; (C) necessary qualifications to enable the representative to provide to persons valuable service; and (D) competency to advise and assist persons in presenting their cases.” 31 U.S.C. 330(a)(2). Pursuant to section 330 of title 31, the Secretary has published regulations governing practice before the IRS in 31 CFR part 10 and reprinted the regulations as Treasury Department Circular No. 230 (Circular 230).

    Section 10.4(a) of Circular 230 authorizes the IRS to grant enrollment as enrolled agents to individuals who demonstrate special competence in tax matters by passing a written examination administered by, or under the oversight of, the IRS and who have not engaged in any conduct that would justify suspension or disbarment under Circular 230. Every year, the IRS develops and administers an Enrolled Agent Special Enrollment Examination (EA-SEE) that individuals must pass to become an enrolled agent.

    Section 10.4(b) of Circular 230 currently authorizes the IRS to grant enrollment as enrolled retirement plan agents to individuals who demonstrate special competence in qualified retirement plan matters by passing a written examination administered by, or under the oversight of, the IRS and who have not engaged in any conduct that would justify suspension or disbarment under Circular 230. Until February 12, 2016, the IRS annually developed and administered an Enrolled Retirement Plan Agent Special Enrollment Examination (ERPA-SEE) that individuals were required to take and pass to become an enrolled retirement plan agent. After February 12, 2016, however, the IRS stopped offering the ERPA-SEE. Individuals who have already passed the ERPA-SEE may maintain their enrollment as enrolled retirement plan agents, but the IRS is not accepting applications to become new Enrolled Retirement Plan Agents. Accordingly, the proposed regulations propose to remove the user fee for the initial enrollment of an enrolled retirement plan agent currently in Treasury Regulation § 300.10.

    Section 10.4(d) also authorizes the IRS to grant enrollment as an enrolled agent or an enrolled retirement plan agent to a qualifying former IRS employee by virtue of past IRS service and technical experience if the former employee has not engaged in any conduct that would justify suspension or disbarment under the provisions of Circular 230 and meets certain other requirements. Application for enrollment as an enrolled agent based on former employment with the IRS must be made within three years from the date of separation from that employment and does not require passing the EA-SEE. When the IRS discontinued offering the ERPA-SEE necessary for enrollment as an enrolled retirement plan agent for individuals without IRS work experience, effective February 12, 2016, the IRS stopped granting individuals enrollment as enrolled retirement plan agents by virtue of past service and technical experience in the IRS.

    Once eligible for enrollment as an enrolled agent, whether by examination or former employment with the IRS, an individual must file an application for enrollment with the IRS and currently pay a $30 nonrefundable user fee. To maintain active enrollment and practice before the IRS, an individual who has been enrolled as an enrolled agent or enrolled retirement plan agent must file an application to renew enrollment every three years and currently pay a $30 nonrefundable user fee. 31 CFR 10.6(d).

    The IRS Return Preparer Office (RPO) is responsible for certain matters related to authority to practice before the IRS, including acting on applications for enrollment and renewal of enrolled agents and for renewal of enrolled retirement plan agents. 31 CFR 10.1. As a condition for enrollment as an enrolled agent, the RPO may conduct a federal tax-compliance check to determine whether an applicant has filed all required tax returns and has no outstanding federal tax debts and a suitability check to determine whether an applicant has engaged in any conduct that would justify suspending or disbarring any practitioner under Circular 230. 31 CFR 10.5(d). As a condition for renewal, enrolled agents and enrolled retirement plan agents must certify completion of the continuing education requirements. 31 CFR 10.6(e).

    As part of its responsibility for administering the enrollment program, RPO determines whether applicants have met the above requirements. 31 CFR 10.6(j)(1). An applicant who is denied enrollment as an enrolled agent for failure to pass a tax-compliance check may reapply if the applicant becomes current with respect to the applicant's tax liabilities. 31 CFR 10.5(d)(2). Applicants who fail to meet the continuing education and fee payment requirements receive from RPO a notice that states the basis for RPO's determination of noncompliance and provides an opportunity to cure the failure. 31 CFR 10.6(j)(1).

    B. User Fee Authority

    The Independent Offices Appropriations Act of 1952 (IOAA) (31 U.S.C. 9701) authorizes each agency to promulgate regulations establishing the charge for services the agency provides (user fees). Under the IOAA, these user-fee regulations are subject to policies prescribed by the President and shall be as uniform as practicable. Those policies are currently set forth in the Office of Management and Budget (OMB) Circular A-25 (OMB Circular), 58 FR 38142 (July 15, 1993).

    The IOAA states that the services provided by an agency should be self-sustaining to the extent possible (31 U.S.C. 9701(a)). The OMB Circular states that agencies providing services that confer special benefits on identifiable recipients beyond those accruing to the general public must identify those services, determine whether user fees should be assessed for those services, and, if so, establish user fees that recover the full cost of providing those services. As required by the IOAA and the OMB Circular, agencies are to review user fees biennially and update them as necessary to reflect changes in the cost of providing the underlying services. During these biennial reviews, an agency must calculate the full cost of providing each service, taking into account all direct and indirect costs to any part of the U.S. government. The full cost of providing a service includes, but is not limited to, salaries, retirement benefits, rents, utilities, travel, and management costs, as well as an appropriate allocation of overhead and other support costs associated with providing the service.

    An agency should set the user fee at an amount that recovers the full cost of providing the service unless the agency requests, and the OMB grants, an exception to the full-cost requirement. The OMB may grant exceptions only where the cost of collecting the fees would represent an unduly large part of the fee for the activity, or where any other condition exists that, in the opinion of the agency head, justifies an exception. When the OMB grants an exception, the agency does not collect the full cost of providing the service that confers a special benefit on identifiable recipients rather than the public at large, and the agency therefore must fund the remaining cost of providing the service from other available funding sources. When the OMB grants an exception, the agency, and by extension all taxpayers, subsidize the cost of the service to the recipients who would otherwise be required to pay the full cost of providing the service, as the IOAA and the OMB Circular direct.

    C. Enrollment and Renewal User Fees for the Enrolled Agent and Renewal User Fee for the Enrolled Retirement Plan Agent

    As discussed in section A of this preamble, an individual who has been granted enrollment as an enrolled agent or an enrolled retirement plan agent may practice before the IRS. The IRS confers benefits on individuals who are enrolled agents or enrolled retirement plan agents beyond those that accrue to the general public by allowing them to practice before the IRS. Because the ability to practice before the IRS is a special benefit, the IRS charges a user fee to recover the full cost associated with administering the program for enrollment and renewal of enrolled agents and renewal of enrolled retirement plan agents.

    On September 30, 2010, the Treasury Department and the IRS published two final regulations in the Federal Register: final regulations (TD 9501, 75 FR 60309) that required tax return preparers who prepare all or substantially all of a tax return or claim for refund for compensation to obtain a preparer tax identification number (PTIN) and final regulations (TD 9503, 75 FR 60316) that required a user fee to apply for or renew a PTIN. Individuals applying for or renewing a PTIN were to be subject to federal tax-compliance and suitability checks and were required to pay a $50 user fee to obtain or renew a PTIN. All enrolled agents and certain enrolled retirement plan agents were required to obtain a PTIN as a condition of enrollment and renewal of enrollment. TD 9527, 76 FR 32286; Notice 2011-91, 2011-47 I.R.B. 792.

    On April 19, 2011, the Treasury Department and the IRS published in the Federal Register (76 FR 21805) a final regulation (TD 9523) that reduced the amount of the user fees for the initial enrollment and renewal enrollment for enrolled agents and enrolled retirement plan agents from $125 to $30. Because individuals applying to enroll as an enrolled agent or enrolled retirement plan agent also had to obtain a PTIN, the user fee to enroll or renew enrollment was reduced to reflect that certain review procedures (including federal tax-compliance and suitability checks) would be performed as part of the process to obtain a PTIN. On June 1, 2017, the IRS ceased collecting any user fees related to the PTIN. See Steele v. United States, 260 F.Supp.3d 52 (D. D.C. 2017) (holding that the IRS was authorized to require tax return preparers to obtain PTINs, but was not authorized to charge fees for PTINs).

    As required by the IOAA and the OMB Circular, the RPO completed its 2017 biennial review of the enrollment and renewal user fees associated with enrolled agents and enrolled retirement plan agents. As discussed in section D of this preamble, during its review the RPO took into account the increase in labor, benefits, and overhead costs incurred in connection with providing services to individuals who enroll or renew enrollment as enrolled agents and enrolled retirement plan agents since the user fee was last changed in 2011. In addition, RPO determined that costs associated with federal tax-compliance checks and suitability checks on enrolled individuals should be recovered as part of the user fee for administering the enrollment and renewal programs. The 2017 biennial review also took into account new costs associated with administering the program for enrolled agents and enrolled retirement plan agents, including the costs of operating a dedicated toll-free helpline in the RPO for enrollment and renewal matters. The RPO determined that the full cost of administering the program for enrolled agents and enrolled retirement plan agents has increased from $30 to $67 per application for enrollment or renewal. The proposed fee complies with the directive in the OMB Circular to recover the full cost of providing a service that confers special benefits on identifiable recipients beyond those accruing to the general public.

    D. Calculation of User Fees Generally

    The IRS follows generally accepted accounting principles (GAAP) in calculating the full cost of processing an application for enrollment or renewal. The Federal Accounting Standards Advisory Board (FASAB) is the body that establishes GAAP that apply for federal reporting entities, such as the IRS. FASAB publishes the FASAB Handbook of Accounting Standards and Other Pronouncements, as Amended (Current Handbook), which is available at http://files.fasab.gov/pdffiles/2017_fasab_handbook.pdf. The Current Handbook includes the Statement of Federal Financial Accounting Standards (SFFAS) No. 4: Managerial Cost Accounting Concepts and Standards for the Federal Government. SFFAS No. 4 establishes internal costing standards under GAAP to accurately measure and manage the full cost of federal programs, and the methodology below is in accordance with SFFASNo. 4.

    1. Cost Center Allocation

    The IRS determines the cost of its services and the activities involved in producing them through a cost-accounting system that tracks costs to organizational units. The lowest organizational unit in the IRS's cost-accounting system is called a cost center. Cost centers are usually separate offices that are distinguished by subject-matter area of responsibility or geographic region. All costs of operating a cost center are recorded in the IRS's cost-accounting system and allocated to that cost center. The costs allocated to a cost center are the direct costs for the cost center's activities as well as all indirect costs, including overhead, associated with that cost center. Each cost is recorded in only one cost center.

    2. Determining the per Unit Cost

    To establish the per-unit cost, the total cost of providing the service is divided by the volume of services provided.

    3. Cost Estimation of Direct Labor

    Not all cost centers are fully devoted to one service for which the IRS charges user fees. Some cost centers work on a number of different services across the IRS. In these cases, the IRS uses various cost-measurement techniques to estimate the cost incurred in those cost centers attributable to the program. These techniques include using various timekeeping systems to measure the time required to accomplish activities, or using information provided by subject-matter experts on the time devoted to a program. Once the IRS has estimated the average time required to accomplish an activity, it multiplies that time estimate by the relevant organizational unit's average labor and benefits cost per unit of time to determine the labor and benefits cost incurred to provide the service. To determine the full cost, IRS then adds overhead as discussed below.

    4. Overhead

    Overhead is an indirect cost of operating an organization that cannot be immediately associated with an activity that the organization performs. Overhead includes costs of resources that are jointly or commonly consumed by one or more organizational unit's activities but are not specifically identifiable to a single activity.

    These costs can include:

    • General management and administrative services of sustaining and supporting organizations.

    • Facilities management and ground maintenance services (security, rent, utilities, and building maintenance).

    • Procurement and contracting services.

    • Financial management and accounting services.

    • Information technology services.

    • Services to acquire and operate property, plants and equipment.

    • Publication, reproduction, and graphics and video services.

    • Research, analytical, and statistical services.

    • Human resources/personnel services.

    • Library and legal services.

    To calculate the overhead allocable to a service, the IRS multiplies a Corporate Overhead rate by the labor and benefits costs determined as discussed previously. The IRS calculates the Corporate Overhead rate annually based on cost elements underlying the Statement of Net Cost included in the IRS Annual Financial Statements, which are audited by the Government Accountability Office. The Corporate Overhead rate is the ratio of the sum of the IRS's indirect labor and benefits costs from the supporting and sustaining organizational units—those that do not interact directly with taxpayers—and all non-labor costs to the IRS's labor and benefits costs of its organizational units that interact directly with taxpayers.

    The Corporate Overhead rate of 68.00 percent for costs reviewed during FY 2017 was calculated based on FY 2016 costs (which are assumed to be fixed and reoccurring) as follows:

    Indirect Labor and Benefits Costs $1,681,373,747 Non-Labor Costs + 2,879,907,032 Total Indirect Costs $4,561,280,779 Direct Labor and Benefits Costs ÷ 6,708,063,559 Corporate Overhead Rate 68.00% E. Calculation of User Fee for Enrolled Agent Enrollment and Renewal and Enrolled Retirement Plan Agent Renewal

    The IRS used projections for fiscal years 2018 through 2020 to determine the direct costs associated with enrolled agent enrollment and renewal and enrolled retirement plan agent renewal. Direct costs are incurred by the RPO and include labor costs for enrollment and renewal submission processing; tax compliance and background checks; continuing education and testing-related activities; and communications, which include the new toll-free helpline.

    The labor and benefits for the work performed related to applications for enrolled agent enrollment and renewal and enrolled retirement plan agent renewal is projected to be $2,708,603 in total over fiscal years 2018 through 2020. The labor and benefits costs include the cost to perform background checks and tax compliance checks, which are services that were not included in the previous $30 user fee. The number of enrollment and renewal applications is based on the FY2016 numbers adjusted by the anticipated increase in enrollment. Adding Corporate Overhead expenses to the total labor and benefits results in total costs of $4,550,453 as shown below:

    Labor and Benefits $2,708,603 Corporate Overhead (68%) 1,841,850 Labor, Benefits, and Overhead 4,550,453

    Dividing this total cost by the projected population of initial enrollment and renewal applications for fiscal years 2018 through 2020 results in a cost per application of $67 as shown below:

    Labor, Benefits and Overhead $4,550,453 Number of Applications ÷ 68,343 Cost per Application 67

    Taking into account the full amount of these costs, the user fee for enrolled agent enrollment or renewal and enrolled retirement plan agent renewal is proposed to be $67 per application. The IRS does not intend to seek an exception from OMB to the full cost requirement.

    Special Analyses

    OIRA has determined that this regulation is significant and subject to review under section 6(b) of Executive Order 12866.

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6), it is hereby certified that this regulation will not have a significant economic impact on a substantial number of small entities. The user fee primarily affects individuals who are enrolled agents, apply to become enrolled agents, or are enrolled retirement plan agents. Only individuals, not businesses, can be enrolled agents or enrolled retirement plan agents. Thus, any economic impact of the user fee on small entities generally will occur only when an enrolled agent or enrolled retirement plan agent owns a small business or when a small business employs enrolled agents or enrolled retirement plan agents and reimburses them for their renewal fees. The Treasury Department and IRS estimate that approximately 22,781 individuals will apply annually for enrollment as an enrolled agent, renewal as an enrolled agent, or renewal as an enrolled retirement plan agent. Due to the relatively small number of small businesses that employ enrolled agents or enrolled retirement plan agents, a substantial number of small entities are not likely to be affected. Further, the economic impact on any small entities affected would be limited to paying the $37 difference in cost between the $67 user fee and the previous $30 user fee (for each enrolled agent or enrolled retirement plan agent that a small entity employs and pays for), which is unlikely to present a significant economic impact. The total economic impact of this regulation is thus approximately $842,897 annually, which is the product of the approximately 22,781 individuals and the $37 increase in the fee. Accordingly, the rule is not expected to have a significant economic impact on a substantial number of small entities, and a regulatory flexibility analysis is not required.

    It is not anticipated that the increase in user fee that is paid every three years and averages to $12.33 per year will negatively affect enrollment, which has historically remained steady as user fee amounts have changed. Pursuant to section 7805(f), this notice of proposed rulemaking has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.

    Comments and Public Hearing

    Before these proposed amendments to the regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the IRS as prescribed in the preamble under the ADDRESSES section. The Treasury Department and the IRS request comments on all aspects of the proposed regulations. All comments submitted will be made available at www.regulations.gov or upon request.

    A public hearing has been scheduled for January 24, 2019, beginning at 10:00 a.m. in the Main Auditorium of the Internal Revenue Service Building, 1111 Constitution Avenue NW, Washington, DC 20224. Due to building-security procedures, visitors must enter at the Constitution Avenue entrance. All visitors must present photo identification to enter the building. Because of access restrictions, visitors will not be admitted beyond the immediate entrance area more than 30 minutes before the hearing starts. For information about having your name placed on the building access list to attend the hearing, see the FOR FURTHER INFORMATION CONTACT section of this preamble.

    The rules of § 601.601(a)(3) apply to the hearing. Persons who wish to present oral comments at the hearing must submit written or electronic comments and an outline of the topics to be discussed and the time to be devoted to each topic by January 18, 2019. A period of 10 minutes will be allocated to each person for making comments. An agenda showing the scheduling of the speakers will be prepared after the deadline for receiving outlines has passed. Copies of the agenda will be available free of charge at the hearing.

    Drafting Information

    The principal author of these regulations is Mark Shurtliff, Office of the Associate Chief Counsel (Procedure and Administration). Other personnel from the Treasury Department and the IRS participated in their development.

    List of Subjects in 26 CFR Part 300

    Reporting and recordkeeping requirements, User fees.

    Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 300 is proposed to be amended as follows:

    PART 300—USER FEES Paragraph. 1. The authority citation for part 300 continues to read as follows: Authority:

    31 U.S.C. 9701.

    § 300.0 [Amended]
    Par. 2. Section 300.0 is amended by removing paragraph (b)(10) and redesignating paragraphs (b)(11) through (13) as paragraphs (b)(10) through (12). Par. 3. Section 300.5 is amended by revising paragraphs (b) and (d) to read as follows:
    § 300.5 Enrollment of enrolled agent fee.

    (b) Fee. The fee for initially enrolling as an enrolled agent with the IRS is $67.

    (d) Applicability date. This section applies 30 days after the date of publication of a Treasury Decision adopting this rule as a final regulation in the Federal Register.

    Par. 4. Section 300.6 is amended by revising paragraphs (b) and (d) to read as follows:
    § 300.6 Renewal of enrollment of enrolled agent fee.

    (b) Fee. The fee for renewal of enrollment as an enrolled agent with the IRS is $67.

    (d) Applicability date. This section applies 30 days after the date of publication of a Treasury Decision adopting this rule as a final regulation in the Federal Register.

    § 300.10 [Removed]
    Par. 5. Section 300.10 is removed.
    § 300.11 [Redesignated as § 300.10 and Amended]
    Par. 6. Redesignate § 300.11 as § 300.10 and amend newly redesignated § 300.10 by revising paragraphs (b) and (d) to read as follows:
    § 300.10 Renewal of enrollment of enrolled retirement plan agent fee.

    (b) Fee. The fee for renewal of enrollment as an enrolled retirement plan agent with the IRS is $67.

    (d) Applicability date. This section applies 30 days after the date of publication of a Treasury Decision adopting this rule as a final regulation in the Federal Register.

    §§ 300.12 and 300.13 [Redesignated as §§ 300.11 and 300.12]
    Par. 7. Redesignate §§ 300.12 and 300.13 as §§ 300.11 and 300.12. Kirsten Wielobob, Deputy Commissioner for Services and Enforcement.
    [FR Doc. 2018-25210 Filed 11-15-18; 4:15 pm] BILLING CODE 4830-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0730; FRL-9986-63-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Allegheny, Pennsylvania Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision, submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD), to EPA on October 3, 2017, for the purpose of providing for attainment of the 2010 sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) in the Allegheny, Pennsylvania SO2 nonattainment area (hereafter referred to as the “Allegheny Area” or “Area”). The major sources of SO2 in the Allegheny Area are the Harsco Metals facility and the facilities which comprise the U.S. Steel (USS) Mon Valley Works: Clairton, Edgar Thomson and Irvin Plants. The Pennsylvania SIP submission is an attainment plan which includes the base year emissions inventory, an analysis of the reasonably available control technology (RACT) and reasonably available control measure (RACM) requirements, enforceable emission limitations and control measures, a reasonable further progress (RFP) plan, a modeling demonstration of SO2 attainment, a nonattainment New Source Review (NNSR) permit program, and contingency measures for the Allegheny Area. As part of approving the attainment plan, EPA is also proposing to approve new SO2 emission limits and associated compliance parameters for USS Clairton, Edgar Thomson and Irvin Plants and the Harsco Metals facility into the Allegheny County portion of the Pennsylvania SIP. This action is being taken under the Clean Air Act (CAA).

    DATES:

    Written comments must be received on or before December 19, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R03-OAR-2017-0730 at http://www.regulations.gov, or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Leslie Jones Doherty, (215) 814-3409, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Background for EPA's Proposed Action II. Requirements for SO2 Nonattainment Plans III. Attainment Demonstration and Longer Term Averaging IV. Pennsylvania's Attainment Plan Submittal for the Allegheny Area V. EPA's Analysis of Pennsylvania's Attainment Plan Submittal for the Allegheny Area A. Pollutants Addressed B. Emissions Inventory Requirements C. Air Quality Modeling D. RACM/RACT E. RFP Plan F. Contingency Measures G. New Source Review VI. EPA's Proposed Action VII. Incorporation by Reference VIII. Statutory and Executive Order Reviews I. Background for EPA's Proposed Action

    On June 2, 2010, the EPA Administrator signed a final rule establishing a new SO2 primary NAAQS as a 1-hour standard of 75 parts per billion (ppb), based on a 3-year average of the annual 99th percentile of daily maximum 1-hour average concentrations. See 75 FR 35520 (June 22, 2010), 40 CFR 50.17. This action also revoked the existing 1971 annual standard and 24-hour standards, subject to certain conditions.1 EPA established the NAAQS based on significant evidence and numerous health studies demonstrating that serious health effects are associated with short-term exposures to SO2 emissions ranging from 5 minutes to 24 hours with an array of adverse respiratory effects including narrowing of the airways which can cause difficulty breathing (bronchoconstriction) and increased asthma symptoms. For more information regarding the health impacts of SO2, please refer to the June 22, 2010, final rulemaking. See 75 FR 35520. Following promulgation of a new or revised NAAQS, EPA is required by the CAA to designate areas throughout the United States as attaining or not attaining the NAAQS; this designation process is described in section 107(d)(1) of the CAA. On August 5, 2013, EPA promulgated initial air quality designations for 29 areas for the 2010 SO2 NAAQS (78 FR 47191), which became effective on October 4, 2013, based on violating air quality monitoring data for calendar years 2009-2011, where there was sufficient data to support a nonattainment designation.2

    1 With certain exceptions, EPA's June 22, 2010 final action revoked the two 1971 primary 24-hour standard of 140 ppb and the annual standard of 30 ppb because they were determined not to add additional public health protection given a 1-hour standard at 75 ppb. See 75 FR 35520. However, the secondary 3-hour SO2 standard was retained. Because Allegheny County has already been designated for the 2010 1-hour SO2 NAAQS and was neither designated nonattainment nor subject to a SIP call for the 1971 primary standards, these standards have been revoked for this area. See 40 CFR 50.4(e).

    2 EPA is continuing its designation efforts for the 2010 SO2 NAAQS. Pursuant to a court-order issued on March 2, 2015, by the U.S. District Court for the Northern District of California, EPA must complete the remaining designations for the rest of the country on a schedule that contains three specific deadlines. Sierra Club, et al. v. Environmental Protection Agency, 13-cv-03953-SI (2015).

    Effective on October 4, 2013, the Allegheny Area was designated as nonattainment for the 2010 SO2 NAAQS for an area that encompasses the primary SO2 emitting sources of the Harsco Metals facility and the USS Mon Valley Works (Clairton, Edgar Thomson and Irvin Plants). The Allegheny Area is comprised of a portion of Allegheny County which includes the City of Clairton, City of Duquesne, City of McKeesport, Borough of Braddock, Borough of Dravosburg, Borough of East McKeesport, Borough of East Pittsburgh, Borough of Elizabeth, Borough of Glassport, Borough of Jefferson Hills, Borough of Liberty, Borough of Lincoln, Borough of North Braddock, Borough of Pleasant Hills, Borough of Port Vue, Borough of Versailles, Borough of Wall, Borough of West Elizabeth, Borough of West Mifflin, Elizabeth Township, Forward Township, and North Versailles Township in Pennsylvania. The October 4, 2013 final designation triggered a requirement for Pennsylvania to submit a SIP revision with an attainment plan for how the Area would attain the 2010 SO2 NAAQS as expeditiously as practicable, but no later than October 4, 2018, in accordance with CAA sections 172 and 191-192.

    For a number of areas, including the Allegheny Area, EPA published a notice on March 18, 2016, that Pennsylvania and other pertinent states had failed to submit the required SO2 attainment plan by this submittal deadline. See 81 FR 14736. This finding initiated a deadline under CAA section 179(a) for the potential imposition of new source review and highway funding sanctions. However, pursuant to Pennsylvania's submittal of October 3, 2017, and EPA's subsequent letter dated October 6, 2017 to Pennsylvania finding the submittal complete and noting the stopping of the sanctions' deadline, these sanctions under section 179(a) will not be imposed as a consequence of Pennsylvania's having missed the original deadline. Additionally, under CAA section 110(c), the finding triggers a requirement that EPA promulgate a federal implementation plan (FIP) within two years of the effective date of the finding unless, by that time, the state has made the necessary complete submittal and EPA has approved the submittal as meeting applicable requirements.

    II. Requirements for SO2 Nonattainment Area Plans

    Attainment plans must meet the applicable requirements of the CAA, and specifically CAA sections 172, 191, and 192. The required components of an attainment plan submittal are listed in section 172(c) of Title 1, part D of the CAA. The EPA's regulations governing nonattainment SIPs are set forth at 40 CFR part 51, with specific procedural requirements and control strategy requirements residing at subparts F and G, respectively. Soon after Congress enacted the 1990 Amendments to the CAA, EPA issued comprehensive guidance on SIPs, in a document entitled the “General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,” published at 57 FR 13498 (April 16, 1992) (General Preamble). Among other things, the General Preamble addressed SO2 SIPs and fundamental principles for SIP control strategies. Id. at 13545-49, 13567-68. On April 23, 2014, EPA issued recommended guidance (hereafter 2014 SO2 Nonattainment Guidance) for how state submissions could address the statutory requirements for SO2 attainment plans.3 In this guidance, EPA described the statutory requirements for an attainment plan, which includes: An accurate base year emissions inventory of current emissions for all sources of SO2 within the nonattainment area (172(c)(3)); an attainment demonstration that includes a modeling analysis showing that the enforceable emissions limitations and other control measures taken by the state will provide for expeditious attainment of the NAAQS (172(c)); RFP (172(c)(2)); implementation of RACM, including RACT (172(c)(1)); NNSR requirements (172(c)(5)); and adequate contingency measures for the affected area (172(c)(9)). A synopsis of these requirements is also provided in the notice of proposed rulemaking on the Illinois SO2 nonattainment plans, published on October 5, 2017 at 82 FR 46434.

    3See “Guidance for 1-Hour SO2 Nonattainment Area SIP Submissions” (April 23, 2014), available at https://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf.

    In order for EPA to fully approve a SIP as meeting the requirements of CAA sections 110, 172 and 191-192 and EPA's regulations at 40 CFR part 51, the SIP for the affected area needs to demonstrate to EPA's satisfaction that each of the aforementioned requirements have been met. Under CAA sections 110(l) and 193, EPA may not approve a SIP that would interfere with any applicable requirement concerning NAAQS attainment and RFP, or any other applicable requirement, and no requirement in effect (or required to be adopted by an order, settlement, agreement, or plan in effect before November 15, 1990) in any area which is a nonattainment area for any air pollutant, may be modified in any manner unless it insures equivalent or greater emission reductions of such air pollutant.

    III. Attainment Demonstration and Longer Term Averaging

    CAA section 172(c)(1) directs states with areas designated as nonattainment to demonstrate that the submitted plan provides for attainment of the NAAQS. 40 CFR part 51, subpart G further delineates the control strategy requirements that SIPs must meet, and EPA has long required that all SIPs and control strategies reflect four fundamental principles of quantification, enforceability, replicability, and accountability. General Preamble, at 13567-68. SO2 attainment plans must consist of two components: (1) Emission limits and other control measures that assure implementation of permanent, enforceable and necessary emission controls, and (2) a modeling analysis which meets the requirements of 40 CFR part 51, Appendix W which demonstrates that these emission limits and control measures provide for timely attainment of the primary SO2 NAAQS as expeditiously as practicable, but by no later than the attainment date for the affected area. In all cases, the emission limits and control measures must be accompanied by appropriate methods and conditions to determine compliance with the respective emission limits and control measures and must be quantifiable (i.e., a specific amount of emission reduction can be ascribed to the measures), fully enforceable (specifying clear, unambiguous and measurable requirements for which compliance can be practicably determined), replicable (the procedures for determining compliance are sufficiently specific and non-subjective so that two independent entities applying the procedures would obtain the same result), and accountable (source specific limits must be permanent and must reflect the assumptions used in the SIP demonstrations). EPA's 2014 SO2 Nonattainment Guidance recommends that the emission limits established for the attainment demonstration be expressed as short-term average limits (e.g., addressing emissions averaged over one or three hours), but also describes the option to utilize emission limits with longer averaging times of up to 30 days so long as the state meets various suggested criteria. See 2014 SO2 Nonattainment Guidance, pp. 22 to 39. The guidance recommends that—should states and sources utilize longer averaging times—the longer term average limit should be set at an adjusted level that reflects a stringency comparable to the 1-hour average limit at the critical emission value shown to provide for attainment that the plan otherwise would have set.

    The 2014 SO2 Nonattainment Guidance provides an extensive discussion of EPA's rationale for positing that appropriately set comparably stringent limitations based on averaging times as long as 30 days can be found to provide for attainment of the 2010 SO2 NAAQS. In evaluating this option, EPA considered the nature of the standard, conducted detailed analyses of the impact of use of 30-day average limits on the prospects for attaining the standard, and carefully reviewed how best to achieve an appropriate balance among the various factors that warrant consideration in judging whether a state's plan provides for attainment. Id. at pp. 22 to 39. See also id. at Appendices B, C, and D.

    As specified in 40 CFR 50.17(b), the 1-hour primary SO2 NAAQS is met at an ambient air quality monitoring site when the 3-year average of the annual 99th percentile of daily maximum 1-hour average concentrations is less than or equal to 75 ppb. In a year with 365 days of valid monitoring data, the 99th percentile would be the fourth highest daily maximum 1-hour value. The 2010 SO2 NAAQS, including this form of determining compliance with the standard, was upheld by the U.S. Court of Appeals for the District of Columbia Circuit in Nat'l Envt'l Dev. Ass'n's Clean Air Project v. EPA, 686 F.3d 803 (D.C. Cir. 2012). Because the standard has this form, a single exceedance does not create a violation of the standard. Instead, at issue is whether a source operating in compliance with a properly set longer term average could cause exceedances, and if so the resulting frequency and magnitude of such exceedances, and in particular whether EPA can have reasonable confidence that a properly set longer term average limit will provide that the average fourth highest daily maximum value will be at or below 75 ppb. A synopsis of how EPA judges whether such plans “provide for attainment,” based on modeling of projected allowable emissions and in light of the NAAQS' form for determining attainment at monitoring sites follows.

    For SO2 plans based on 1-hour emission limits, the standard approach is to conduct modeling using fixed emission rates. The maximum emission rate that would be modeled to result in attainment (i.e., in an “average year” 4 shows three, not four days with maximum hourly levels exceeding 75 ppb) is labeled the “critical emission value.” The modeling process for identifying this critical emissions value inherently considers the numerous variables that affect ambient concentrations of SO2, such as meteorological data, background concentrations, and topography. In the standard approach, the state would then provide for attainment by setting a continuously applicable 1-hour emission limit at this critical emission value.

    4 An “average year” is used to mean a year with average air quality. While 40 CFR 50 Appendix T provides for averaging three years of 99th percentile daily maximum values (e.g., the fourth highest maximum daily concentration in a year with 365 days with valid data), this discussion and an example below uses a single “average year” in order to simplify the illustration of relevant principles.

    EPA recognizes that some sources have highly variable emissions, for example due to variations in fuel sulfur content and operating rate, that can make it extremely difficult, even with a well-designed control strategy, to ensure in practice that emissions for any given hour do not exceed the critical emission value. EPA also acknowledges the concern that longer term emission limits can allow short periods with emissions above the “critical emissions value,” which, if coincident with meteorological conditions conducive to high SO2 concentrations, could in turn create the possibility of a NAAQS exceedance occurring on a day when an exceedance would not have occurred if emissions were continuously controlled at the level corresponding to the critical emission value. However, for several reasons, EPA believes that the approach recommended in its guidance document suitably addresses this concern. First, from a practical perspective, EPA expects the actual emission profile of a source subject to an appropriately set longer term average limit to be similar to the emission profile of a source subject to an analogous 1-hour average limit. EPA expects this similarity because it has recommended that the longer term average limit be set at a level that is comparably stringent to the otherwise applicable 1-hour limit (reflecting a downward adjustment from the critical emissions value) and that takes the source's emissions profile into account. As a result, EPA expects either form of emission limit to yield comparable air quality.

    Second, from a more theoretical perspective, EPA has compared the likely air quality with a source having maximum allowable emissions under an appropriately set longer term limit, as compared to the likely air quality with the source having maximum allowable emissions under the comparable 1-hour limit. In this comparison, in the 1-hour average limit scenario, the source is presumed at all times to emit at the critical emission level, and in the longer term average limit scenario, the source is presumed occasionally to emit more than the critical emission value but on average, and presumably at most times, to emit well below the critical emission value. In an “average year,” compliance with the 1-hour limit is expected to result in three exceedance days (i.e., three days with hourly values above 75 ppb) and a fourth day with a maximum hourly value at 75 ppb. By comparison, with the source complying with a longer term limit, it is possible that additional exceedances would occur that would not occur in the 1-hour limit scenario (if emissions exceed the critical emission value at times when meteorology is conducive to poor air quality). However, this comparison must also factor in the likelihood that exceedances that would be expected in the 1-hour limit scenario would not occur in the longer term limit scenario. This result arises because the longer term limit requires lower emissions most of the time (because the limit is set well below the critical emission value), so a source complying with an appropriately set longer term limit is likely to have lower emissions at critical times than would be the case if the source were emitting as allowed with a 1-hour limit.

    As a hypothetical example to illustrate these points, suppose a source that always emits 1000 pounds of SO2 per hour, which results in air quality at the level of the NAAQS (i.e., results in a design value of 75 ppb). Suppose further that in an “average year,” these emissions cause the 5 highest maximum daily average 1-hour concentrations to be 100 ppb, 90 ppb, 80 ppb, 75 ppb, and 70 ppb. Then suppose that the source becomes subject to a 30-day average emission limit of 700 pounds per hour. It is theoretically possible for a source meeting this limit to have emissions that occasionally exceed 1000 pounds per hour, but with a typical emissions profile, emissions would much more commonly be between 600 and 800 pounds per hour. In this simplified example, assume a zero background concentration, which allows one to assume a linear relationship between emissions and air quality. (A nonzero background concentration would make the mathematics more difficult but would give similar results.) Air quality will depend on what emissions happen on what critical hours, but suppose that emissions at the relevant times on these 5 days are 800 pounds/hour (lb/hr), 1100 pounds per hour, 500 pounds per hour, 900 pounds per hour, and 1200 pounds per hour, respectively. (This is a conservative example because the average of these emissions, 900 pounds per hour, is well over the 30-day average emission limit.) These emissions would result in daily maximum 1-hour concentrations of 80 ppb, 99 ppb, 40 ppb, 67.5 ppb, and 84 ppb. In this example, the fifth day would have an exceedance that would not otherwise have occurred, but the third day would not have an exceedance that otherwise would have occurred, and the fourth day would have been below, rather than at, 75 ppb. In this example, the fourth highest maximum daily concentration under the 30-day average would be 67.5 ppb.

    This simplified example illustrates the findings of a more complicated statistical analysis that EPA conducted using a range of scenarios using actual plant data. As described in Appendix B of EPA's 2014 SO2 Nonattainment Guidance, EPA found that the requirement for lower average emissions is highly likely to yield better air quality than is required with a comparably stringent 1-hour limit. Based on analyses described in Appendix B of its 2014 SO2 Nonattainment Guidance, EPA expects that an emission profile with maximum allowable emissions under an appropriately set comparably stringent 30-day average limit is likely to have the net effect of having a lower number of exceedances and better air quality than an emission profile with maximum allowable emissions under a 1-hour emission limit at the critical emission value. This result provides a compelling policy rationale for allowing the use of a longer averaging period, in appropriate circumstances where the facts indicate this result can be expected to occur.

    The question then becomes whether this approach, which is likely to produce a lower number of overall exceedances even though it may produce some unexpected exceedances above the critical emission value, meets the requirement in section 110(a)(1) and 172(c)(1) for SIPs to “provide for attainment” of the NAAQS. For SO2, as for other pollutants, it is generally impossible to design a nonattainment plan in the present that will guarantee that attainment will occur in the future. A variety of factors can cause a well-designed attainment plan to fail and unexpectedly not result in attainment, for example if meteorology occurs that is more conducive to poor air quality than was anticipated in the plan. Therefore, in determining whether a plan meets the requirement to provide for attainment, EPA's task is commonly to judge not whether the plan provides absolute certainty that attainment will in fact occur, but rather whether the plan provides an adequate level of confidence of prospective NAAQS attainment. From this perspective, in evaluating use of a 30-day average limit, EPA must weigh the likely net effect on air quality. Such an evaluation must consider the risk that occasions with meteorology conducive to high concentrations will have elevated emissions leading to exceedances that would not otherwise have occurred, and must also weigh the likelihood that the requirement for lower emissions on average will result in days not having exceedances that would have been expected with emissions at the critical emissions value. Additional policy considerations, such as in this case the desirability of accommodating real world emissions variability without significant risk of violations, are also appropriate factors for the EPA to weigh in judging whether a plan provides a reasonable degree of confidence that the plan will lead to attainment. Based on these considerations, especially given the high likelihood that a continuously enforceable limit averaged over as long as 30 days, determined in accordance with EPA's guidance, will result in attainment, EPA believes as a general matter that such limits, if appropriately determined, can reasonably be considered to provide for attainment of the 2010 SO2 NAAQS.

    The 2014 SO2 Nonattainment Guidance offers specific recommendations for determining an appropriate longer term average limit. The recommended method starts with determination of the 1-hour emission limit that would provide for attainment (i.e., the critical emission value), and applies an adjustment factor to determine the (lower) level of the longer term average emission limit that would be estimated to have a stringency comparable to the otherwise necessary 1-hour emission limit. This method uses a database of continuous emission data reflecting the type of control that the source will be using to comply with the SIP emission limits, which (if compliance requires new controls) may require use of an emission database from another source. The recommended method involves using these data to compute a complete set of emission averages, computed according to the averaging time and averaging procedures of the prospective emission limitation. In this recommended method, the ratio of the 99th percentile among these long term averages to the 99th percentile of the 1-hour values represents an adjustment factor that may be multiplied by the candidate 1-hour emission limit to determine a longer term average emission limit that may be considered comparably stringent.5 The 2014 SO2 Nonattainment Guidance also addresses a variety of related topics, such as the potential utility of setting supplemental emission limits, such as mass-based limits, to reduce the likelihood and/or magnitude of elevated emission levels that might occur under the longer term emission rate limit.

    5 For example, if the critical emission value is 1000 pounds of SO2 per hour, and a suitable adjustment factor is determined to be 70 percent, the recommended longer term average limit would be 700 pounds per hour.

    Preferred air quality models for use in regulatory applications are described in Appendix A of EPA's Guideline on Air Quality Models (40 CFR part 51, Appendix W). 6 In 2005, EPA promulgated the American Meteorological Society/Environmental Protection Regulatory Model (AERMOD) as the Agency's preferred near-field dispersion modeling for a wide range of regulatory applications addressing stationary sources (for example in estimating SO2 concentrations) in all types of terrain based on extensive developmental and performance evaluation. Supplemental guidance on modeling for purposes of demonstrating attainment of the SO2 standard is provided in Appendix A to the April 23, 2014 SO2 nonattainment area SIP guidance document referenced above. Appendix A provides extensive guidance on the modeling domain, the source inputs, assorted types of meteorological data, and background concentrations. Consistency with the recommendations in this guidance is generally necessary for the attainment demonstration to offer adequately reliable assurance that the plan provides for attainment.

    6 The EPA published revisions to the Guideline on Air Quality Models on January 17, 2017.

    As stated previously, attainment demonstrations for the 2010 1-hour primary SO2 NAAQS must demonstrate future attainment and maintenance of the NAAQS in the entire area designated as nonattainment (i.e., not just at the violating monitor) by using air quality dispersion modeling (See Appendix W to 40 CFR part 51) to show that the mix of sources and enforceable control measures and emission rates in an identified area will not lead to a violation of the SO2 NAAQS. For a short-term (i.e., 1-hour) standard, EPA believes that dispersion modeling, using allowable emissions and addressing stationary sources in the affected area (and in some cases those sources located outside the nonattainment area which may affect attainment in the area) is technically appropriate, efficient and effective in demonstrating attainment in nonattainment areas because it takes into consideration combinations of meteorological and emission source operating conditions that may contribute to peak ground-level concentrations of SO2.

    The meteorological data used in the analysis should generally be processed with the most recent version of AERMOD Meteorological Preprocessor (AERMET). Estimated concentrations should include ambient background concentrations, should follow the form of the standard, and should be calculated as described in section 2.6.1.2 of the August 23, 2010 clarification memo on “Applicability of Appendix W Modeling Guidance for the 1-hr SO2 National Ambient Air Quality Standard” (U. S. EPA, 2010a).

    IV. Pennsylvania's Attainment Plan Submittal for the Allegheny Area

    In accordance with section 172(c) of the CAA, the Pennsylvania attainment plan for the Allegheny County Area includes: (1) An emissions inventory for SO2 for the plan's base year (2011); (2) an attainment demonstration including analyses that locate, identify, and quantify sources of emissions contributing to violations of the 2010 SO2 NAAQS as well as a dispersion modeling analysis of an emissions control strategy for the primary SO2 sources (USS Clairton, Edgar Thomson and Irvin Plants and Harsco Metals) showing attainment of the SO2 NAAQS by the October 4, 2018 attainment date; (3) a determination that the control strategy for the primary SO2 source within the nonattainment areas constitutes RACM/RACT; (4) requirements for RFP toward attaining the SO2 NAAQS in the Area; (5) contingency measures; (6) the assertion that Pennsylvania's existing SIP-approved NNSR program meets the applicable requirements for SO2; and (7) the request that emission limitations and compliance parameters for Clairton, Edgar Thomson and Irvin Plants and Harsco Metals be incorporated into the SIP.

    V. EPA's Analysis of Pennsylvania's Attainment Plan Submittal for the Allegheny Area

    Consistent with CAA requirements (see section 172), an attainment demonstration for a SO2 nonattainment area must include a showing that the area will attain the 2010 SO2 NAAQS as expeditiously as practicable. The demonstration must also meet the requirements of 40 CFR 51.112 and 40 CFR part 51, Appendix W, and include inventory data, modeling results, and emissions reductions analyses on which the state has based its projected attainment. EPA is proposing that the attainment plan submitted by Pennsylvania is sufficient, and EPA is proposing to approve the plan to ensure ongoing attainment.

    A. Pollutants Addressed

    Pennsylvania's SO2 attainment plan evaluates SO2 emissions for the Allegheny Area comprised of a portion of Allegheny County that is designated nonattainment for the 2010 SO2 NAAQS. There are no precursors to consider for the SO2 attainment plan. SO2 is a pollutant that arises from direct emissions, and therefore concentrations are highest relatively close to the sources and much lower at greater distances due to dispersion. Thus, SO2 concentration patterns resemble those of other directly emitted pollutants like lead, and differ from those of photochemically-formed (secondary) pollutants such as ozone. Pennsylvania's attainment plan appropriately considered SO2 emissions for the Allegheny Area.

    B. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop comprehensive, accurate and current emissions inventories of all sources of the relevant pollutant or pollutants in the nonattainment area. These inventories provide detailed accounting of all emissions and emissions sources by precursor or pollutant. In addition, inventories are used in air quality modeling to demonstrate that attainment of the NAAQS is as expeditious as practicable. The 2014 SO2 Nonattainment Guidance provides that the emissions inventory should be consistent with the Air Emissions Reporting Requirements (AERR) at Subpart A to 40 CFR part 51.7

    7 The AERR at Subpart A to 40 CFR part 51 cover overarching Federal reporting requirements for the states to submit emissions inventories for criteria pollutants to EPA's Emissions Inventory System. EPA uses these submittals, along with other data sources, to build the National Emissions Inventory.

    For the base year inventory of actual emissions, a “comprehensive, accurate and current” inventory can be represented by a year that contributed to the three-year design value used for the original nonattainment designation. The 2014 SO2 Nonattainment Guidance notes that the base year inventory should include all sources of SO2 in the nonattainment area as well as any sources located outside the nonattainment area which may affect attainment in the area. Pennsylvania appropriately elected to use 2011 as the base year. Actual emissions from all the sources of SO2 in the Allegheny Area were reviewed and compiled for the base year emissions inventory requirement. The primary SO2-emitting point sources located within the Allegheny Area are the USS Mon Valley Works—Clairton, Edgar Thomson and Irvin Plants with SO2 emissions in 2011 of 1468 tons per year (tpy), 1279 tpy, and 419 tpy, respectively. The Harsco Metals facility which is located on the Edgar Thomson plant property is the next largest source with 7 tpy of SO2 emissions in 2011. A more detailed discussion of the emissions inventory for the Allegheny Area and EPA's analysis of the Area can be found in Pennsylvania's October 3, 2017 submittal as well as the emissions inventory Technical Support Document (TSD), which can be found under Docket ID No. EPA-R03-OAR-2017-0730 and which is available online at www.regulations.gov.

    Table 1 shows the level of emissions, expressed in tpy, in the Allegheny Area for the 2011 base year by emissions source category.

    Table 1—2011 Base Year SO2 Emissions Inventory for the Allegheny Area Emission source category SO2 emissions (tpy) Point 3249.20 Area 158.85 Non-road 1.17 On-road 8.11 Total 3417.33

    EPA has evaluated Pennsylvania's 2011 base year emissions inventory for the Allegheny Area and has made the determination that this inventory was developed consistent with EPA's guidance. Therefore, pursuant to section 172(c)(3), EPA is proposing to approve Pennsylvania's 2011 base year emissions inventory for the Allegheny Area.

    The attainment demonstration also provides for a projected attainment year inventory that includes estimated emissions for all emission sources of SO2 which are determined to impact the nonattainment area for the year in which the Area is expected to attain the NAAQS. Pennsylvania provided a 2018 projected emissions inventory for all known sources included in the 2011 base year inventory, and EPA finds Pennsylvania appropriately developed this inventory as discussed in the emissions inventory TSD. The projected 2018 emissions are shown in Table 2. Pennsylvania's submittal asserts that the SO2 emissions are expected to decrease by approximately 618 tons, or 18%, by 2018 from the 2011 base year.8 A detailed discussion of the projected emissions for the Allegheny Area and EPA's analysis of emissions can be found in Pennsylvania's October 3, 2017 submittal as well as in the emissions inventory TSD, which can be found under Docket ID No. EPA-R03-OAR-2017-0730 and online at www.regulations.gov.

    8 Reductions in projected 2018 SO2 emissions in the onroad, nonroad and nonpoint source categories can be attributed to lower sulfur content limits for gasoline and diesel fuels for the onroad and nonroad sector, and more stringent sulfur content limits on home heating oil and other distillate/residual fuel oils for the nonpoint sector which limits are included in the Pennsylvania SIP. Reductions in projected 2018 SO2 emissions for point sources are a result of the limits discussed in the RACT/RACM section of this rulemaking.

    Table 2—2018 Projected SO2 Emission Inventory for the Allegheny Area Emission source category SO2 emissions (tpy) Point 2676.52 Area 119.18 Non-road 0.44 On-road 2.96 Total 2799.10 C. Air Quality Modeling

    The SO2 attainment demonstration provides an air quality dispersion modeling analysis to demonstrate that control strategies chosen to reduce SO2 source emissions will bring the Area into attainment by the statutory attainment date of October 4, 2018. The modeling analysis, which the state is to conduct in accordance with Appendix W to 40 CFR part 51 (EPA's Modeling Guidance), is used for the attainment demonstration to assess the control strategy for a nonattainment area and establish emission limits that will provide for attainment. In accordance with Appendix W, three years of prognostic meteorological data was used to simulate the dispersion of pollutant plumes from multiple point, area, or volume sources across the averaging times of interest. The modeling demonstration typically also relies on maximum allowable emissions from sources in the nonattainment area. Though the actual emissions are likely to be below the allowable emissions, sources have the ability to run at higher production rates or optimize controls such that emissions approach the allowable emissions limits. An attainment plan must provide for attainment under all allowable scenarios of operation for each source based on the maximum allowable emissions.

    ACHD provided an analysis which was developed in accordance with EPA's Modeling Guidance and the 2014 SO2 Nonattainment Guidance, and was prepared using the EPA dispersion modeling system, AERMOD. This modeling demonstration also utilized the Weather Research and Forecasting (WRF) model to generate prognostic meteorological data. EPA's Mesoscale Model Interface Program (MMIF) was used to extract the prognostic meteorological data which was processed using AERMET, a pre-processor to AERMOD, in accordance with 40 CFR part 51. EPA notes that our most recent version of 40 CFR part 51 Appendix W allows for prognostic meteorological data to be used in AERMOD. The prognostic meteorological data was extracted and processed following the methodology outlined in EPA's updated Appendix W and other applicable guidance. In the particular circumstances in this Area, in which local topographical influences are likely to be channeling flows in a manner prone to yield different flows for different facilities in the Area, EPA believes that the prognostic meteorological data generated by ACHD are likely to provide a better characterization of winds in this Area than application of a single hourly wind speed and direction across the Area. EPA also conducted its own land use survey (using the methods of Auer), finding that about 70 percent (%) of the Area within an area out to three kilometers from the main sources in the Area may be considered rural land use, which supports ACHD's use of rural dispersion coefficients in its modeling analysis. Further discussion of ACHD's development of these meteorological data and EPA's land use survey can be found in EPA's modeling TSD, which can be found under Docket ID No. EPA-R03-OAR-2017-0730.

    ACHD characterized USS's Clairton Coke Works fugitive coke oven emissions using an alternative modeling technique, which shows significantly better model performance over the regulatory version of AERMOD. Given the high temperatures of these fugitive emissions, ACHD recognized that the plume rise and initial plume characteristics vary by hour reflecting hourly variations in meteorology in a manner that is not addressed in simple treatments of volume sources in AERMOD. Therefore, ACHD used an alternate method, using EPA's Buoyant Line and Point Source Model (BLP), to determine hourly values of these parameters. Since AERMOD does not provide for volume sources to have heat flux or otherwise to have plume rise, ACHD used hourly release heights reflecting the plume height for each hour's meteorology estimated by the BLP Plume Rise module. Similarly, ACHD used hourly values which characterize the initial width and height of the release based on hourly plume dimensions determined by BLP. Fugitive emissions were then included in AERMOD for each of the multiple volume sources used to represent the coke batteries in the Area by using volume sources with hourly release heights and initial dispersion coefficients determined in this manner, as contained in an hourly emission rate file. This alternative method is referred to as the BLP/AERMOD Hybrid approach.

    As noted in ACHD's modeling protocol document (See Appendix A of Pennsylvania's October 3, 2017 submittal), the procedure for handling USS's coke oven fugitive emissions in the dispersion modeling analysis was initially developed and used for previous particulate matter smaller than 10 microns in diameter (PM10) SIP work completed by ACHD and discussed in EPA Model Clearinghouse 9 Memos from 1991 through 1994 (91-III-12, 93-III-06, and 94-III-02). (See Modeling Protocol Addendum to Appendix A of Pennsylvania's October 3, 2017 submittal for more information on prior Model Clearinghouse memos). The original algorithms were developed for the ACHD PM10 SIP workgroup in 1994 and are currently being used by ACHD with additional revisions to the BLP Plume Rise program. This method is considered an alternative model due to the inclusion of the BLP model within the AERMOD dispersion model system (starting with AERMOD version 15181) using the BUOYLINE source pathway keyword. ACHD began its SIP modeling development for the Area using AERMOD version 15181 then switched to version 1616r for its final modeling demonstration, which was the current regulatory version at the time of submittal. Use of an alternative model needs to be approved under section 3.2 of Appendix W—Guideline on Air Quality Models—with concurrence from EPA's Model Clearinghouse.

    9 EPA Model Clearinghouse is the central point of consultation and coordination within the EPA for reviewing the use of air quality models and analytical techniques for demonstrating compliance or attainment with the NAAQS in regulatory applications or implementation plans. All case-specific approvals of alternative models by an EPA Regional Office require consultation and concurrence by the Model Clearinghouse, per Section 3.2.2 of the Guideline on Air Quality Models (40 CFR part 51 Appendix W).

    A demonstration in support of the use of the BLP/AERMOD Hybrid approach for source characterization of the coke oven fugitive emissions for PM10 was undertaken by ACHD as part of its 2012 Annual Fine Particle Matter (particulate matter less than 2.5 microns in diameter, PM2.5) attainment plan preparation. While the demonstration was used to support this approach with PM10 (simulating dispersion of primary particulate matter), in AERMOD both PM10 and SO2 are treated as inert pollutants, therefore, they would have similar dispersion characteristics and are directly scalable and comparable. Thus, EPA finds that this approach is applicable for all primary pollutants including SO2. ACHD prepared the analysis and submitted an alternative modeling request under section 3.2.2 (b)(2) and (d) of Appendix W to EPA Region 3's Regional Administrator on July 27, 2018. EPA staff have reviewed ACHD's analysis and found that the BLP/AERMOD Hybrid approach provides better model performance of the impacts from the coke oven fugitive emissions than the regulatory BUOYLINE source methodology in AERMOD. This result is consistent with the dispersion model performance analyses ACHD described in Appendix A-2 Modeling Protocol Addendum, G and I of Pennsylvania's October 3, 2017 submittal.

    EPA's review and approval of ACHD's analysis supporting the use of the BLP/AERMOD Hybrid approach followed the EPA Model Clearinghouse concurrence process as prescribed in section 3.2 of Appendix W. Following receipt of ACHD's analysis on July 27, 2018, EPA Region 3 recommended approval of this alternative modeling approach to the EPA Model Clearinghouse on August 7, 2018. The EPA Model Clearinghouse concurred with Region 3's recommended approval on August 10, 2018. EPA Region 3 then approved the use of this alternative model by letter from its Regional Administrator to ACHD dated August 16, 2018. EPA is providing notice in this rulemaking proposal that an alternative modeling approach using the BLP/AERMOD Hybrid approach to simulate the fugitive coke oven battery emissions was used for ACHD's SO2 attainment plan and that its use was approved by EPA. ACHD's request to use this alternative modeling approach, EPA Region 3's analysis of ACHD's request, and the EPA Model Clearinghouse concurrence is included in the docket for this rulemaking action and can be found under Docket ID No. EPA-R03-OAR-2017-0730 and online at www.regulations.gov. EPA is taking public comment on proposing to approve the SIP based on the approved use of ACHD's alternative modeling approach.

    The primary SO2 sources included in the SIP modeling demonstration are the Harsco Metals facility and the three USS Mon Valley Works facilities—Clairton, Edgar Thomson and Irvin Plants. The modeling properly characterized source limits, local meteorological data, background concentrations, and provided an adequate model receptor grid to capture maximum modeled concentrations. Using the EPA conversion factor for the SO2 NAAQS, the final modeled design value for the Allegheny Area (196.17 microgram per meter cubed, µg/m3), is less than 75 ppb.10 EPA has reviewed the modeling that Pennsylvania submitted to support the attainment demonstration for the Allegheny Area and has determined that the modeling is consistent with CAA requirements, Appendix W, and EPA's guidance for SO2 attainment demonstration modeling as discussed above. Therefore, EPA is proposing to determine that the analysis demonstrates that the source limits used in the modeling demonstration show attainment with the 1-hour SO2 NAAQS. EPA's analysis of the modeling is discussed in more detail in EPA's modeling TSD, which can be found under Docket ID No. EPA-R03-OAR-2017-0730 and online at www.regulations.gov for this rulemaking. EPA proposes to conclude that the modeling provided in the attainment plan shows that the Allegheny Area will attain the 2010 1-hour primary SO2 NAAQS by the attainment date.

    10 The SO2 NAAQS level is expressed in ppb, but AERMOD gives results in micro grams per cubic meter (µg/m3). The conversion factor for SO2 (at the standard conditions applied in the ambient SO2 reference method) is 1 ppb = approximately 2.619 µg/m3. See Pennsylvania's SO2 Round 3 Designations proposed TSD at https://www.epa.gov/sites/production/files/2017-08/documents/35_pa_so2_rd3-final.pdf.

    D. RACM/RACT

    CAA section 172(c)(1) requires that each attainment plan provide for the implementation of all reasonably available control measures (i.e., RACM) as expeditiously as practicable and shall provide for attainment of the NAAQS. EPA interprets RACM, including RACT, under section 172, as measures that a state determines to be both reasonably available and contribute to attainment as expeditiously as practicable “for existing sources in the area.” In addition, CAA section 172(c)(6) requires plans to include enforceable emission limitations and control measures as may be necessary or appropriate to provide for attainment by the attainment date.

    Pennsylvania's October 3, 2017 submittal discusses facility-specific control measures, namely SO2 emission limits for Harsco Metals and for the USS Mon Valley Works facilities—Clairton, Edgar Thomson and Irvin Plants, that were developed through the air dispersion modeling submitted by ACHD. The modeling analysis is discussed in section IV.C. Air Quality Modeling of this proposed rulemaking and in the Modeling TSD. ACHD asserts that the combination of controls and the resulting emission limits at the three USS facilities and Harsco Metals is sufficient for the Allegheny Area to meet the SO2 NAAQS and serve as RACT/RACM.

    Controls at the Clairton and Edgar Thomson plants represent the majority of SO2 reductions within the Allegheny Area. As noted by ACHD, the Clairton Plant is the largest coke plant in North America. The Clairton Plant operates 10 coke batteries and produces approximately 13,000 tons of coke per day along with approximately 225 million cubic feet of coke oven gas (COG). The COG is used as fuel at all of the Mon Valley Works facilities. At the Clairton Plant, ACHD explained in its attainment plan that upgrades to the 100 and 600 Vacuum Carbonate Units (VCUs) will reduce the content of hydrogen sulfide (H2S) in the downriver COG utilized at all Mon Valley Works plants. The 100 VCU upgrade was completed in 2016 and the 600 VCU upgrade will add redundant controls for the downriver COG line. Full operation of both upgraded units will be completed on or before October 4, 2018 as required by permit. Source monitoring to demonstrate continuous efficient operation of the Clairton VCU system is also required to be complete by October 4, 2018. In addition, a tail gas recycling project at the Shell Claus off-gas Treatment (SCOT) plant within the Clairton plant will reroute sulfur-rich gases back into the by-products facility at Clairton during planned and unplanned outages and will be completed on or before October 4, 2018 as required by permit.

    In its modeling analysis, ACHD determined critical emission values (CEV) with an hourly average for SO2 sources. However, based on the variability in sulfur content of the COG, ACHD determined that several sources warrant a limit with a longer-term averaging period. As discussed previously, EPA believes that establishment of emission rate limits with averaging periods longer than one hour may reasonably be found to provide for attainment if specified criteria recommended in EPA's 2014 SO2 Nonattainment Guidance are met.

    The objective of ACHD's analysis of the variability of COG sulfur content is to determine the adjustment factor that can be multiplied times the modeled CEVs to compute longer term limits that will require a comparable degree of control as would be required by 1-hour limits at the CEVs. EPA's 2014 SO2 Nonattainment Guidance states that “. . . air agencies may determine that an area could attain through a control strategy that will not significantly change the emission distribution (as may be true, for example, for a strategy involving a switch to lower sulfur coal with similar sulfur content variability or for a strategy involving enhancement of existing control equipment). Where the control strategy does not significantly change the distribution, the source's current emission distribution may be the best indicator of the source's post-control emission distribution.” In this case, the upgrades to the VCU unit at the USS Clairton plant reduce the H2S content in the COG but are unlikely to cause significant changes in the distribution of emissions, except to the extent that installation of redundant sulfur capture systems is likely to reduce the frequency and magnitudes of emission spikes from the facilities burning this COG. ACHD used the most recent three years of operating data (2014-2016) available at the time of its analysis to analyze the variability in H2S content in the COG for the four primary COG process streams used to deliver fuel to the USS Mon Valley Works plants (Unit 1, Unit 2, A Line and B Line). All COG is produced and desulfurized at the Clairton plant and then distributed via pipeline to the other two plants. USS upgraded its COG sulfur removal systems in April 2016, therefore ACHD separately analyzed the 8 months of data post-control to compare whether the distribution of hydrogen sulfide (H2S) content would be similar before and after controls. After extrapolating the post-control data, the distribution of H2S content is similar to the distribution before controls thus, ACHD concluded that the use of the full 3 years of data is representative of overall variability and, that these upgrades are not expected to have a significant effect on variability or on the degree of adjustment to yield a comparably stringent longer term average limit. Analyzing variability of fuel quality is not a direct means of analyzing the variability of emissions (which also factors in the variability of the quantity of fuel burned). On the other hand, the facilities at issue here have relatively stable operations, and a complete analysis would also factor in the degree to which the installation of redundant control systems reduces emission spikes and thereby reduces variability. For these reasons, EPA believes that ACHD's analysis should provide a reasonable approximation of the prospective variability of emissions following implementation of the controls in the attainment plan and a reasonable approximation of the degree of adjustment needed to determine the longer term limits that are comparably stringent to the 1-hour limits that would otherwise be established.

    In accordance with the methods EPA recommended in Appendix C to its 2014 SO2 Nonattainment Guidance, adjustment factors were determined from the variability in sulfur content in each line and were applied to the modeled CEV for the processes using that COG to determine an appropriate emission limit with a 30-day averaging period that is of comparable stringency to the 1-hour CEV. The 30-day average SO2 emission limit adjustment factor is 0.717 for emission units burning COG from Unit 1 Line, 0.797 for units burning COG from Unit 2 Line, 0.848 for units burning COG from A Line, and 0.834 for units burning COG from B Line. As recommended in 2014 SO2 Nonattainment Guidance, ACHD determined that for sources with a 30-day averaging period a supplementary 24-hour limit not to be exceeded for 3 consecutive days should be applied in order to limit the frequency and magnitude of occurrences of elevated emissions. Adjustment factors for 24-hour SO2 emission limits were calculated for each line and applied to the modeled CEV to determine the emission limit with a 24-hour averaging period. The 24-hour average SO2 emission limit adjustment factors for emission units burning COG are 0.914 for Unit 1 Line COG, 0.898 for Unit 2 Line COG, 0.927 for A Line COG, and 0.944 for B Line COG.

    Table 3 shows the modeled CEV, the 30-day and 24-hour average adjustment factors and the resulting comparable 30-day and 24-hour average SO2 emission rate, calculated by applying the adjustment factor to the critical emissions value, for units affected by COG sulfur reduction projects and units partially affected by the COG controls in combination with other fuels at the Clairton plant. Table 3 also shows new SO2 limits for units taking reductions to their allowable limits at the Clairton plant.

    Table 3—SO2 Emission Limits for USS Clairton Plant Process CEV
  • (lbs/hr)
  • Adjustment factor
  • (for 30-day limit)
  • New emission limit
  • (lbs/hr)
  • Averaging
  • period
  • Adjustment factor
  • (for 24-hour limit)
  • Supplemental
  • 24-hour limit
  • (lbs/hr)
  • Boiler 1 142.01
  • (aggregate basis) 11
  • 0.834 118.44 30-day 0.944 134.06
    Boiler 2 Boiler R1 Boiler R2 Boiler T1 Boiler T2 Battery 1 Underfiring 14.52 0.717 10.41 30-day 0.914 13.27 Battery 2 Underfiring 12.76 0.717 9.15 30-day 0.914 11.66 Battery 3 Underfiring 14.74 0.717 10.57 30-day 0.914 13.47 Battery 13 Underfiring 17.48 0.797 13.93 30-day 0.898 15.70 Battery 14 Underfiring 17.60 0.797 14.03 30-day 0.898 15.80 Battery 15 Underfiring 23.43 0.797 18.67 30-day 0.898 21.04 Battery 19 Underfiring 36.85 0.797 229.37 30-day 0.898 33.09 Battery 20 Underfiring 33.88 0.797 27.00 30-day 0.898 30.42 B Battery Underfiring 29.82 0.717 21.38 30-day 0.914 27.26 C Battery Underfiring 44.67 0.717 32.03 30-day 0.914 40.83 SCOT Incinerator 24 24 1-hour PEC Baghouse 1-3 7.10 7.10 1-hour PEC Baghouse 13-15 7.46 7.46 1-hour PEC Baghouse 19-20 7.78 7.78 1-hour PEC Baghouse B 7.50 7.50 1-hour PEC Baghouse C 8.65 8.65 1-hour Quench Tower 1 0.75 0.75 1-hour Quench Tower B 4.09 4.09 1-hour Quench Tower C 5.00 5.00 1-hour Quench Tower 5A 7.56 7.56 1-hour Quench Tower 7A 7.21 7.21 1-hour Batteries 1-3 Hot Car 10.64 10.64 1-hour Batteries 13-15 Hot Car 11.21 11.21 1-hour Batteries 19-20 Hot Car 13.73 13.73 1-hour C Battery Hot Car 5.82 5.82 1-hour 11 ACHD ran 16 different modeling scenarios for the various boiler stacks at the Clairton plant and used the worst case boiler impacts in its final analysis. Additional information can be found in ACHD's SIP submittal's Appendix I included in the docket for this rulemaking and is available online at www.regulations.gov.

    EPA's guidance advises that, to help assure attainment near sources with longer term limits, states should assure that occasions with hourly emissions above the CEV are limited in frequency and magnitude. The supplemental limits that ACHD has adopted, providing 24-hour average limits to supplement the 30-day average limits, serve this purpose. To evaluate these limits, ACHD analyzed SO2 emissions from one source at the Clairton facility (Battery 20 underfiring) at maximum flow rate and compared hourly emission values to the 30-day, 24-hour and CEV limits. ACHD's analysis indicates that, for this unit, over a two month span the 30-day limit and 24-hour limits were not exceeded while the CEV was exceeded four times. Actual flow rate for the months analyzed was 70% of the maximum flowrate in which the CEV would have been exceeded twice by less than 2 lb/hr in the time period. In addition, ACHD evaluated the hours which were above the CEV at either flowrate and the Liberty monitor values ranged from 0-13 ppb at those times and meteorology was typical for the months. EPA does not have the emissions data to make quantitative estimates of the expected frequency or magnitude of emissions exceeding the CEVs, but EPA believes, particularly with the application of the 24-hour supplemental limits, that these occasions are likely to be modest in frequency and magnitude. Further details regarding ACHD's longer term limits and variability analysis can be found in Appendix D of Pennsylvania's October 3, 2017 submittal which can be found under Docket ID No. EPA-R03-OAR-2017-0730 and online at www.regulations.gov.

    For these sources with limits based on longer averaging periods, H2S content will be measured by a continuous source monitoring device and flow meter equipment that measures the actual hourly flow of gas. SO2 emissions will then be calculated by assuming complete conversion of the combusted H2S. The SO2 values will be calculated hourly, averaged over a 24-hour basis (calendar day) and then averaged over a rolling 30-day basis. All sources utilizing a 30-day rolling average also have an additional shorter term 24-hour limit which may not be exceeded more than three consecutive days. A more detailed discussion of ACHD's statistical analysis that was used to develop the proposed 30-day average limits and supplemental 24-hour limits for the Allegheny Area can be found in Appendix D of Pennsylvania's October 3, 2017 submittal found under Docket ID No. EPA-R03-OAR-2017-0730. Additionally, EPA's 2014 SO2 Nonattainment Guidance and section I. of this proposed rulemaking provide an extensive discussion of EPA's rationale for concluding that emission limits based on averaging times as long as 30 days that are appropriately set, reflecting comparable stringency to a suitable 1-hour limit, especially when accompanied by supplemental limits that help minimize the frequency and magnitude of spikes in emissions, can be found to provide for attainment of the 2010 SO2 NAAQS. In evaluating these longer term averaging times, EPA proposes to find that the emission limits with these longer term averaging times were appropriately set in accordance with EPA's 2014 SO2 Nonattainment Guidance and are sufficient for the Allegheny Area to attain the 2010 SO2 NAAQS.

    The USS Edgar Thomson plant is an iron and steel making facility which mainly produces steel slabs. At the USS Edgar Thomson facility, a new stack and a combined flue system is planned for Riley Boilers 1, 2 and 3. All boilers will exhaust to the new stack which is below good engineering practice (GEP) stack height. Specifically, the height of this stack, 85 meters, is lower than the formula GEP height based on the dimensions of nearby buildings, 97 meters.

    Actual emissions will be reduced as a result of the boilers using the lower H2S content COG from the USS Clairton plant in combination with other fuels, and thus emissions for the boilers will be reduced on an aggregate basis. New emission limits for the boilers at the Edgar Thomson plant are listed in Table 4 along with other sources with reduced SO2 allowable limits; all of these limits are established on a 1-hour basis.12

    12 Subsequent to ACHD's submittal of its attainment plan for the Area, ACHD informed EPA that the new stack at the Edgar Thompson plant might have different parameters than the “new stack” parameters included in the attainment plan's attainment demonstration modeling. The stack is part of the modeled control strategy discussed in sections C and D of this rulemaking. However, ACHD has confirmed to EPA (by email) that subsequent modeling with the new stack parameters (e.g. location, height, temperature, velocity) at the Edgar Thomson plant is consistent with the submitted modeling demonstration showing SO2 attainment by the attainment date with the same SO2 emission limitations in the modeling submitted with ACHD's attainment plan for the Area. A copy of this email dated December 8, 2017 with technical documentation supporting ACHD's conclusion is included in the docket for this rulemaking and is available online at www.regulations.gov.

    Table 4—SO2 Emission Limits for USS Edgar Thomson Plant Process New * Emission Limit (lbs/hr) Combustion Units Boiler 1 556.91 (aggregate basis) Boiler 2 Boiler 3 Blast Furnace 1 Stoves 98.50 Blast Furnace 3 Stoves 90.00 Non-Combustion Units Blast Furnace 1 Casthouse (Roof + Fume) 2.01 Blast Furnace 3 Casthouse (Roof + Fume) 1.69 BOP Process (Roof) 6.64 Continuous Casting (Roof) 5.25 Casthouse Baghouse 45.10 * New emission limit is equivalent to modeled CEV for Edgar Thomson sources.

    The USS Irvin plant is a secondary steel processing plant which receives steel slabs and performs one of several finishing processes on the steel slabs. Reductions in SO2 emissions at the USS Irvin plant are mainly a result of the COG controls reducing the sulfur content in the COG. The 80-inch Hot Strip Mill receives COG via the A Line from the Clairton plant while all other units at the Irvin plant receive COG via the B Line. Emission limits for units at the USS Irvin plant are listed in Table 5.

    Table 5—SO2 Emission Limits for U.S. Steel Irvin Plant Process CEV
  • (lbs/hr)
  • Adjustment factor
  • (for 30-day limit)
  • New emission limit
  • (lbs/hr)
  • Averaging
  • period
  • Adjustment factor
  • (for 24-hour limit)
  • Supplemental
  • 24-hour limit
  • (lbs/hr)
  • Boiler #1 9.45 0.834 7.88 30 day 0.944 8.92 Boiler #2 10.02 0.834 8.36 30 day 0.944 9.46 Boiler #3-4
  • (aggregate)
  • 9.85 0.834 8.21 30 day 0.944 9.30
    80″ Hot Strip Reheat
  • (aggregate)
  • 128.10 0.848 108.63 30 day 0.927 118.75
    HPH Annealing Furnaces
  • (aggregate)
  • 14.39 0.834 12 30 day 0.944 13.58
    Open Coil Annealing
  • (aggregate)
  • 13.79 0.834 11.5 30 day 0.944 13.02
    Continuous Annealing 9.68 0.834 8.07 30 day 0.944 9.14 #1 Galvanizing Line 0.04 0.04 1-hour #2 Galvanizing Line 0.01 0.01 1-hour

    In addition, Harsco Metals (also known as Braddock Recovery Inc) is located on the property of the USS Edgar Thomson plant. Harsco uses a rotary kiln fired with COG which is supplied by USS Clairton plant. As a result of the lower sulfur content in the USS-produced COG, Harsco has become subject to a lower SO2 limit of 1.8 lbs/hr as a 1-hour average for the rotary kiln.

    Emission limits at all four facilities (USS Clairton, Edgar Thomson and Irvin Plants and Harsco Metals) were established through enforceable installation permits (See Appendices K of Pennsylvania's October 3, 2017 SIP submittal). The collective emission limits and related compliance parameters (i.e., testing, monitoring, record keeping and reporting) have been proposed for incorporation into the SIP as part of the attainment plan in accordance with CAA section 172. The emission limits for each of the SO2-emitting USS Mon Valley facilities are listed in Tables 3, 4 and 5. The compliance parameters include continuous process monitoring of H2S content and flow rate of the COG at Clairton facility and the four lines which feed the Edgar Thompson and Irvin facilities; record-keeping, reporting, and stack testing requirements at all facilities. ACHD affirms that the implementation of new emission limits and corresponding compliance parameters at the three USS Mon Valley Works facilities and Harsco Metals will enable the Allegheny Area to attain and maintain the SO2 NAAQS. The AERMOD modeling analysis shows, as discussed in detail in the Modeling TSD, that the emission limits listed in Tables 3, 4 and 5 and the limit for Harsco Metals (modeling the 1-hour limits where applicable and modeling the 1-hour equivalents where longer term average limits apply) are sufficient for the Allegheny Area to attain the 1-hour SO2 NAAQS.

    EPA's guidance for longer term average limits is that plans based on such limits can be considered to provide for attainment where appropriate as long as the longer term limit is comparably stringent to the 1-hour limit that would otherwise be set and EPA can have reasonable confidence that occasions of emissions above the critical 1-hour emission rate will be limited in frequency and magnitude. ACHD has provided for comparable stringency by computing adjustment factors in accordance with the method that EPA recommended in Appendix C of its guidance and adopting longer term average limits (where applicable) that are adjusted accordingly. Also in accordance with EPA's recommendations, ACHD has established supplemental limits that will help assure that occasions of emissions above the critical 1-hour emission rate will be limited in frequency and magnitude. Therefore, EPA believes that ACHD has met EPA's recommended criteria for longer term average limits to be part of a plan that provides suitable assurances that the area will attain the standard.

    ACHD also evaluated potential RACT at other sources in the Allegheny Area including Koppers Inc.—Clairton Plant, Clairton Slag—West Elizabeth Plant, Eastman Chemical Resins Inc.—Jefferson Plant and Kelly Run Sanitation—Forward Township. All sources have less than 5 tpy of allowable SO2 emissions. ACHD determined that no additional controls would be technically or economically feasible for the purposes of SO2 RACT at these small sources. ACHD also noted that Guardian Industries permanently shut down in 2015; therefore, no RACT analysis was performed for Guardian Industries. In addition, ACHD examined several RACM options for area, nonroad and mobile sources of SO2 in the Area and determined no additional controls are needed to provide for attainment in the Area, since ACHD's modeling indicates that its plan will provide for attainment without reduction of any portion of background concentrations attributable to these sources.

    EPA is proposing to approve ACHD's determination that the SO2 control strategies at the USS Mon Valley Works facilities—Clairton, Edgar Thomson and Irvin plants and Harsco Metals constitute RACM/RACT for each source in the Allegheny Area based on the modeling analysis previously described and ACHD's evaluation of technically and economically feasible controls.

    Pennsylvania has requested that portions of the installation permits for the USS Mon Valley Works facilities—Clairton, Edgar Thomson and Irvin plants and Harsco Metals be approved into the Allegheny County portion of the Pennsylvania SIP. Upon approval, the emission limits listed in the installation permits and corresponding compliance parameters found in the installation permits for Clairton, Edgar Thomson, Irvin and Harsco Metals will become permanent and enforceable SIP measures to meet the requirements of the CAA. After considering ACHD's submitted information, EPA, therefore, concludes Pennsylvania's October 3, 2017, SIP submittal for the Area meets the RACM/RACT and emission limitation and other control measure requirements of section 172(c) of the CAA.

    E. RFP Plan

    Section 172(c)(2) of the CAA requires an attainment plan to include a demonstration that shows reasonable further progress (i.e., RFP) for meeting air quality standards will be achieved through generally linear incremental improvement in air quality. Section 171(1) of the CAA defines RFP as “such annual incremental reductions in emissions of the relevant air pollutant as are required by this part (part D) or may reasonably be required by EPA for the purpose of ensuring attainment of the applicable NAAQS by the applicable attainment date.” As stated originally in the 1994 SO2 Guidelines Document 13 and repeated in the 2014 SO2 Nonattainment Guidance, EPA continues to believe that this definition is most appropriate for pollutants that are emitted from numerous and diverse sources, where the relationship between particular sources and ambient air quality are not directly quantified. In such cases, emissions reductions may be required from various types and locations of sources. The relationship between SO2 and sources is much more defined, and usually there is a single step between pre-control nonattainment and post-control attainment. Therefore, EPA interpreted RFP for SO2 as adherence to an ambitious compliance schedule in both the 1994 SO2 Guideline Document and the 2014 SO2 Nonattainment Guidance. The control measures for attainment of the 2010 SO2 NAAQS included in Pennsylvania's submittal were modeled by ACHD to achieve attainment of the NAAQS. The ACHD permits which require these control measures to be effective on or before October 4, 2018 (including specific emission limits and compliance parameters) show the resulting emission reductions to be achieved as expeditiously as practicable for the Area. As a result, based on air quality modeling, ACHD projected these control measures will yield a sufficient reduction in SO2 emissions from the major sources in the Allegheny Area to show attainment of the SO2 NAAQS for the Allegheny Area. EPA has found ACHD's attainment modeling for the Area to be in accordance with CAA requirements. EPA finds the control measures proposed will be implemented as expeditiously as practicable by October 4, 2018 according to the terms of the permits for the affected facilities. Therefore, EPA has determined that Pennsylvania's SO2 attainment plan for the Allegheny Area fulfills the RFP requirements for the Allegheny Area. EPA proposes to approve Pennsylvania's attainment plan with respect to the RFP requirements.

    13 SO2 Guideline Document, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711, EPA-452/R-94-008, February 1994. Located at: http://www.epa.gov/ttn/oarpg/t1pgm.html.

    F. Contingency Measures

    In accordance with section 172(c)(9) of the CAA, contingency measures are required as additional measures to be implemented in the event that an area fails to meet the RFP requirements or fails to attain the standard by its attainment date. These measures must be fully adopted rules or control measures that can be implemented quickly and without additional EPA or state action if the area fails to meet RFP requirements or fails to meet its attainment date, and should contain trigger mechanisms and an implementation schedule. However, SO2 presents special considerations. As stated in the final 2010 SO2 NAAQS promulgation on June 22, 2010 (75 FR 35520) and in the 2014 SO2 Nonattainment Guidance, EPA concluded that because of the quantifiable relationship between SO2 sources and control measures, it is appropriate that state agencies develop a comprehensive program to identify sources of violations of the SO2 NAAQS and undertake an aggressive follow-up for compliance and enforcement.

    The contingency measures in Pennsylvania's October 3, 2017 submittal are designed to keep the Allegheny Area from triggering an exceedance or violation of the SO2 NAAQS. In the attainment plan, ACHD states that if an ambient air quality monitor measures enough exceedances in a consecutive three-year period that would cause a design value to exceed the 75 ppb standard, ACHD would conduct a thorough analysis in order to identify the sources of the violation and bring the area back into compliance with the NAAQS. ACHD states that the root cause analysis will begin immediately upon verification of a violation, will include analysis of source and meteorological conditions contributing to the violation, and will take no longer than 10 days to complete. In its plan, sources identified by ACHD as most likely contributing to the violation will have 10 days from notification to submit a written system audit report which details the operating parameters of all SO2 emission sources for the four 5-day periods up to and including the dates which the monitor registered exceedances of the SO2 NAAQS. According to the attainment plan, sources must recommend SO2 control strategies for each affected unit in the audit report. Once ACHD receives the audit report(s), a 30-day evaluation period will begin in which ACHD will investigate the audit findings and recommended control strategies. The 30-day evaluation period will be followed by a 30-day consultation period with the sources. Additional control measures will be implemented as expeditiously as possible to bring the Area back into compliance. If a permit modification is necessary, ACHD has the statutory authority under ACHD Rules and Regulations, Article XXI—Air Pollution Control to amend and issue a final permit. Any new emission limits would also be submitted to EPA as a SIP revision. In addition, ACHD has the regulatory authority to take any action it deems necessary or proper for the effective enforcement of rules and regulations; such actions include the issuance of orders (i.e., enforcement orders and orders to take corrective action to address air pollution or the danger of air pollution from a source) and the assessment of civil penalties. ACHD's regulations for enforcement, ACHD Article XXI, Part I, sections 2109.01-2109.06 and 2109.10, provide ACHD authority to enforce its regulations, permits and orders. Pursuant to these regulations, ACHD has authority, inter alia, to inspect facilities, seek penalties for violations, enter enforcement orders, and revoke permits. These regulations are included in the Pennsylvania SIP. See 67 FR 68935 (November 14, 2002).

    EPA finds that ACHD has a comprehensive program included in the Pennsylvania SIP to identify sources of violations of the SO2 NAAQS and to undertake an aggressive follow up for compliance and enforcement. Therefore, EPA proposes that the contingency measures submitted by Pennsylvania follow the 2014 SO2 Nonattainment Guidance and meet the section 172(c)(9) requirements.

    G. New Source Review 14

    14 The CAA new source review (NSR) program is composed of three separate programs: Prevention of significant deterioration (PSD), NNSR, and Minor NSR. PSD is established in part C of title I of the CAA and applies in areas that meet the NAAQS—“attainment areas”—as well as areas where there is insufficient information to determine if the area meets the NAAQS—“unclassifiable areas.” The NNSR program is established in part D of title I of the CAA and applies in areas that are not in attainment of the NAAQS—“nonattainment areas.” The Minor NSR program addresses construction or modification activities that do not qualify as “major” and applies regardless of the designation of the area in which a source is located. Together, these programs are referred to as the NSR programs. Section 173 of the CAA lays out the NNSR program for preconstruction review of new major sources or major modifications to existing sources, as required by CAA section 172(c)(5). The programmatic elements for NNSR include, among other things, compliance with the lowest achievable emissions rate and the requirement to obtain emissions offsets.

    Section 172(c)(5) of the CAA requires that an attainment plan require permits for the construction and operation of new or modified major stationary sources in a nonattainment area. In Allegheny County, NNSR procedures and conditions for which new major stationary sources or major modifications may obtain a preconstruction permit are stipulated in the ACHD Rules and Regulations, Article XXI, Air Pollution Control, § 2102.06, “Major Sources Locating in or Impacting a Nonattainment Area” which was previously approved into the Pennsylvania SIP, with the most recent revision effective March 30, 2015 (80 FR 16570). ACHD Rules and Regulations, Article XXI, Air Pollution Control, § 2102.06 also incorporates by reference applicable provisions of PADEP's NNSR regulations codified at 25 Pa. Code Chapter 127, Subchapter E. PADEP's NNSR regulations in 25 Pa. Code Chapter 127, Subchapter E were previously approved into the Pennsylvania SIP, with the most recent revision updating the regulations to meet EPA's 2002 NSR reform regulations effective on May 14, 2012 (77 FR 28261). A discussion of the specific PADEP provisions incorporated by reference into ACHD Article XXI can be found in Pennsylvania's October 3, 2017 submittal found under Docket ID No. EPA-R03-OAR-2017-0730. These rules provide for appropriate NNSR permitting as required by CAA sections 172(c)(5) and 173 and 40 CFR 51.165 for SO2 sources undergoing construction or major modification in the Allegheny Area without need for modification of the approved rules. Therefore, EPA concludes that Allegheny County's SIP-approved NNSR program meets the requirements of section 172(c)(5) for this Area.

    VI. EPA's Proposed Action

    EPA is proposing to approve Pennsylvania's attainment plan SIP revision for the Allegheny Area, as submitted through ACHD and PADEP to EPA on October 3, 2017, for the purpose of demonstrating attainment of the 2010 1-hour SO2 NAAQS. Specifically, EPA is proposing to approve the base year emissions inventory, a modeling demonstration of SO2 attainment, an analysis of RACM/RACT, a RFP plan, and contingency measures for the Allegheny Area and is proposing that the Pennsylvania SIP revision has met the requirements for NNSR for the 2010 1-hour SO2 NAAQS. Additionally, EPA is proposing to approve into the Pennsylvania SIP specific SO2 emission limits and compliance parameters in permits established for the SO2 sources impacting the Allegheny Area.

    EPA has determined that Pennsylvania's SO2 attainment plan for the 2010 1-hour SO2 NAAQS for the Allegheny Area meets the applicable requirements of the CAA and EPA's 2014 SO2 Nonattainment Guidance. Thus, EPA is proposing to approve Pennsylvania's attainment plan for the Allegheny Area as submitted on October 3, 2017. EPA's analysis for this proposed action is discussed in Section V of this proposed rulemaking. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. Final approval of this SIP submittal will remove EPA's duty to implement a FIP for this Area.

    VII. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference portions of the installation permits issued by ACHD with USS facilities at Clairton, Edgar Thomson and Irvin and with Harsco Metals. This includes emission limits and associated compliance parameters, recording-keeping and reporting. EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact the person identified in the “For Further Information Contact” section of this proposed rulemaking for more information).

    VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

    • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this proposed rule, concerning the SO2 attainment plan for the Allegheny Area in Pennsylvania, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

    List of Subjects in 40 CFR Part 52

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

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: November 1, 2018. Cosmo Servidio, Regional Administrator, Region III.
    [FR Doc. 2018-25079 Filed 11-16-18; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 181022971-01] RIN 0648-BI57 Fisheries of the Northeastern United States; Mid-Atlantic Blueline Tilefish Fishery; 2019 and Projected 2020-2021 Specifications AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes specifications for the 2019 blueline tilefish fishery north of the North Carolina/Virginia border and projected specifications for 2020 and 2021. The proposed action is intended to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Tilefish Fishery Management Plan. It is also intended to inform the public of these proposed specifications for the 2019 fishing year and projected specifications for 2020-2021.

    DATES:

    Comments must be received by 5 p.m. local time, on December 4, 2018.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2018-0115, by either of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal.

    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0115,

    2. Click the “Comment Now!” icon, complete the required fields.

    3. Enter or attach your comments.

    —OR—

    Mail: Submit written comments to Michael Pentony, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: “Comments on the Proposed Rule for Blueline Tilefish Specifications.”

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

    A draft environmental assessment (EA) has been prepared for this action that describes the proposed measures and other considered alternatives, as well as provides an analysis of the impacts of the proposed measures and alternatives. Copies of the specifications document, including the EA and the Initial Regulatory Flexibility Analysis (IRFA), are available on request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 North State Street, Dover, DE 19901. These documents are also accessible via the internet at www.mafmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Douglas Potts, Fishery Policy Analyst, (978) 281-9341.

    SUPPLEMENTARY INFORMATION: Background

    The blueline tilefish fishery north of the North Carolina/Virginia border is managed by the Mid-Atlantic Fishery Management Council under the Tilefish Fishery Management Plan (FMP), which outlines the Council's process for establishing annual specifications. Blueline tilefish south of the North Carolina/Virginia border are managed by the South Atlantic Fishery Management Council under the Snapper Grouper FMP.

    The Tilefish FMP requires the Mid-Atlantic Council to recommend acceptable biological catch (ABC), annual catch limit (ACL), annual catch target (ACT), total allowable landings (TAL), and other management measures for the commercial and recreational sectors of the fishery, for up to three years at a time. The Council's Scientific and Statistical Committee (SSC) provides an ABC recommendation to the Council to derive these catch limits. The Council makes recommendations to NMFS that cannot exceed the recommendation of its SSC. The Council's recommendations must include supporting documentation concerning the environmental, economic, and social impacts of the recommendations. We are responsible for reviewing these recommendations to ensure that they achieve the FMP objectives and are consistent with all applicable laws. Following review, NMFS publishes the final specifications in the Federal Register.

    A benchmark stock assessment was completed in late 2017 for the blueline tilefish population along the entire East Coast through the Southeast Data, Assessment, and Review process (SEDAR 50). Within the assessment, the coast-wide population was modeled separately north and south of Cape Hatteras, North Carolina, because of data limitations within the northern area. To assist in developing an ABC recommendation, the Mid- and South Atlantic Councils' SSCs, as well as staff from the NMFS Northeast and Southeast Fisheries Science Centers formed a joint subcommittee to examine available information for the region north of Cape Hatteras, and to develop separate catch advice for each Councils' jurisdiction.

    At its March 2018 meeting, the Mid-Atlantic SSC reviewed the results from the SEDAR 50 benchmark stock assessment as well as additional work using the Data-Limited Methods Toolkit and derived a recommendation for acceptable biological catch (ABC) using the Mid-Atlantic Council's risk policy. The resulting ABC was 179,500 lb (81.4 mt) annually for 2019-2021 for the region north of Cape Hatteras. The SSC then followed the recommendation of the Joint Mid- and South Atlantic Blueline Tilefish Subcommittee to assign 56 percent of that ABC to the Mid-Atlantic Council (north of the VA/NC border) and 44 percent to the South Atlantic Council. This percentage breakdown is based on the catch distribution from the 2017 Pilot Blueline Tilefish Longline Survey.

    The Mid-Atlantic Council took final action on 2019-2021 quota specifications for the blueline tilefish fishery at its April 2018 meeting, and submitted its recommended specifications to us on August 17, 2018. A summary of the Council's recommended specifications is shown below in Table 1.

    Proposed Specifications

    The Council's recommendations are consistent with the SSC's recommended ABC, and represent an approximate 15-percent increase in ABC from 2018.

    Table 1—Proposed and Projected Blueline Tilefish Specifications 2018 Proposed
  • 2019
  • Projected
  • 2020-2021
  • ABC—North of NC/VA line 87,031 lb (39.5 mt) 100,520 lb (45.6 mt) 100,520 lb (45.6 mt) Recreational ACL/ACT 63,533 (28.8 mt) 73,380 (33.3 mt) 73,380 (33.3 mt) Commercial ACL/ACT 23,498 lb (10.6 mt) 27,140 lb (12.3 mt) 27,140 lb (12.3 mt) Recreational TAL 62,262 lb (28.2 mt) 71,912 lb (32.6 mt) 71,912 lb (32.6 mt) Commercial TAL 23,263 lb (10.5 mt) 26,869 lb (12.2 mt) 26,869 lb (12.2 mt)

    The Mid-Atlantic Council recommended increasing the commercial possession limit from 300 (136 kg) to 500 lb (227 kg) to assist the commercial fishery in harvesting the full commercial TAL. The Council was concerned that if fishing effort increases substantially, the small commercial TAL could be landed quickly at the 500-lb (227-kg) limit. To mitigate that concern, the Council included an inseason trigger, authorizing the Regional Administrator to reduce the possession limit to 300 lb (136 kg) per trip when 70 percent of the TAL has been landed.

    The Council proposed no change to the recreational fishery beyond the increase to the recreational TAL (Table 1). The recreational fishery is open from May 1 through October 31 of each year and closed from November 1 through April 30. The bag limit for blueline tilefish depends on the type of fishing vessel being used. On a private boat, each angler may keep up to three blueline tilefish. On an U.S. Coast Guard uninspected for-hire vessel (charter boat), each angler may keep up to five blueline tilefish. On an U.S. Coast Guard inspected for-hire vessel (party boat), each angler may keep up to seven blueline tilefish.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Tilefish FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

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

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The Council prepared an analysis of the potential economic impacts of the action, which is included in the draft EA for this action and supplemented by information contained in the preamble of this proposed rule.

    For Regulatory Flexibility Act purposes, NOAA's National Marine Fisheries Service has established a size standard for small businesses, including their affiliated operations, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as small if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11.0 million for all its affiliated operations worldwide. The Small Business Administration has established size standards for all other major industry sectors in the U.S., including defining for-hire fishing firms (NAICS code 487210) as small when their receipts are less than $7.5 million.

    The measures proposed in this action apply to vessels that hold a Federal permit for blueline tilefish. Some entities own multiple vessels with tilefish permits. In 2017, 2,028 separate vessels held tilefish permits. Those vessels were owned by 1,519 entities. Using the size definitions above, 1,508 are small business entities, comprised of 886 small commercial fishing entities, 242 small for-hire entities, and 380 had no revenue in 2017 (but are considered small businesses). For those small businesses with revenues, their average total revenues were $0.55 million in 2017.

    This action would increase the blueline tilefish commercial total allowable landings (TAL) from 23,263 lb (10.5 mt) to 26,869 lb (12.2 mt) (about 15 percent) and increase the commercial trip limit from 300 lb (136 kg) to 500 lb (227 kg) per trip. The trip limit would reduce to 300 lb (136 kg) when 70 percent of the commercial quota has been landed. The recreational TAL would increase from 62,262 lb (28.2 mt) to 71,912 lb (32.6 mt) (about 15 percent). Therefore, the potential impact of this action on small entities is positive, but limited by the relatively low TAL.

    Given the small potential economic impact of the management measures proposed, this action will not have a significant economic impact on a substantial number of small entities.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 13, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows:

    PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 648.295, paragraphs (b)(1) and (2) are revised to read as follows:
    § 648.295 Tilefish commercial trip limits and landing condition.

    (b) * * *

    (1) Commercial possession limit. Any vessel of the United States fishing under a tilefish permit, as described at § 648.4(a)(12), is prohibited from possessing more than 500 lb (227 kg) of gutted blueline tilefish per trip in or from the Tilefish Management Unit.

    (2) In-season adjustment of possession limit. The Regional Administrator will monitor the harvest of the blueline tilefish commercial TAL based on dealer reports and other available information.

    (i) When 70 percent of the blueline tilefish commercial TAL will be landed, the Regional Administrator will publish a notice in the Federal Register notifying vessel and dealer permit holders that, effective upon a specific date, the blueline tilefish commercial possession limit is reduced to 300 lb (136 kg) of gutted blueline tilefish per trip in or from the Tilefish Management Unit.

    (ii) When 100 percent of the blueline tilefish commercial TAL will be landed, the Regional Administrator will publish a notice in the Federal Register notifying vessel and dealer permit holders that, effective upon a specific date, the blueline tilefish commercial fishery is closed for the remainder of the fishing year. No vessel may retain or land blueline tilefish in or from the Tilefish Management Unit.

    [FR Doc. 2018-25089 Filed 11-16-18; 8:45 am] BILLING CODE 3510-22-P
    83 223 Monday, November 19, 2018 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request November 14, 2018.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments regarding this information collection received by December 19, 2018 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW, Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

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

    Agricultural Research Service

    Title: Information Collection for Document Delivery Services.

    OMB Control Number: 0518-0027.

    Summary of Collection: The National Agricultural Library (NAL) accepts requests from libraries and other organizations in accordance with the national and international interlibrary loan code and guidelines. In its national role, NAL collects and supplies copies or loans of agricultural materials not found elsewhere. 7 U.S.C. 3125a and 7 CFR 505 gives NAL the authority to collect this information. NAL provides photocopies and loans of materials directly to USDA staff, other Federal agencies, libraries and other institutions, and indirectly to the public through their libraries. The Library charges for some of these activities through a fee schedule. In order to fill a request for reproduction or loan of items the library must have the name, mailing address, phone number of the respondent initiating the request, and may require either a fax number, email address, or Ariel IP address. The collected information is used to deliver the material to the respondent, bill for and track payment of applicable fees, monitor the return to NAL of loaned material, identify and locate the requested material in NAL collections, and determine whether the respondent consents to the fees charged by NAL.

    Need and Use of the Information: The NAL document delivery staff uses the information collected to identify the protocol for processing the request. The information collected determines whether the respondent is charged or exempt from any charges and what process the recipient uses to make payment if the request is chargeable. The staff also uses the information provided to process/package the reproduction or loan for delivery. Without the requested information NAL has no way to locate and deliver the loan or reproduction to the respondent, and thus cannot meet its mandate to supply agricultural material.

    Description of Respondents: Federal Government; Not-for-profit institutions; State, Local or Tribal Government; Business or other for-profit.

    Number of Respondents: 590.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 69.

    Agricultural Research Service

    Title: Web Forms for Research Data, Models, Materials, and Publications as well as Study and Event Registration.

    OMB Control Number: 0518-0032.

    Summary of Collection: OMB Circular 130 Management of Federal Information Resources, establishes that “agencies will use electronic media and formats . . . in order to make government information more easily accessible and useful to the public” In order to provide information and services related to its program responsibilities defined at 7 CFR 2.65, the Agricultural Research Service (ARS) needs to obtain certain basic information from the public. Online forms allow the public to request from ARS research data, models, materials, and publications as well as registration for scientific studies and events.

    Need and Use of the Information: ARS will use the information to respond to requests for specific services. The information will be collected electronically. If this collection is not conducted, ARS will be hindered from reducing the burden on its customers by providing them the most timely and efficient way to request services.

    Description of Respondents: Individuals or households.

    Number of Respondents: 8,750.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 438.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2018-25154 Filed 11-16-18; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-47-2018] Foreign-Trade Zone (FTZ) 64—Jacksonville, Florida, Authorization of Production Activity, Bacardi USA, Inc. (Kitting of Alcoholic Beverages), Jacksonville, Florida

    On July 13, 2018, Bacardi USA, Inc., submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 64E, in Jacksonville, Florida.

    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 34825, July 23, 2018). On November 13, 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: November 13, 2018. Elizabeth Whiteman, Acting Executive Secretary.
    [FR Doc. 2018-25143 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-48-2018] Foreign-Trade Zone (FTZ) 176—Rockford, Illinois; Authorization of Production Activity Leading Americas Inc. (Wire Harnesses), Hampshire, Illinois

    On July 16, 2018, Leading Americas Inc. submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 176—Site 17, in Hampshire, Illinois.

    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 34825, July 23, 2018). On November 13, 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: November 13, 2018. Elizabeth Whiteman, Acting Executive Secretary.
    [FR Doc. 2018-25148 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-149-2018] Approval of Subzone Status; Digi-Key Corporation; Fargo, North Dakota

    On September 26, 2018, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Municipal Airport Authority of the City of Fargo, grantee of FTZ 267, requesting subzone status subject to the existing activation limit of FTZ 267, on behalf of Digi-Key Corporation, in Fargo, North Dakota.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (83 FR 49356, October 1, 2018). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 267A was approved on November 14, 2018, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 267's 1,026-acre activation limit.

    Dated: November 14, 2018. Elizabeth Whiteman, Acting Executive Secretary.
    [FR Doc. 2018-25147 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-533-885, A-570-097] Polyester Textured Yarn From India and the People's Republic of China: Initiation of Less-Than-Fair-Value Investigations AGENCY:

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

    DATES:

    Applicable November 7, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Kate Johnson at (202) 482-4929 (India), or Irene Gorelik at (202) 482-6905 (the People's Republic of China (China)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

    SUPPLEMENTARY INFORMATION:

    The Petitions

    On October 18, 2018, the U.S. Department of Commerce (Commerce) received antidumping duty (AD) Petitions concerning imports of polyester textured yarn (yarn) from India and China, filed in proper form on behalf of Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America (the petitioners), domestic producers of yarn.1 The AD Petitions were accompanied by countervailing duty (CVD) Petitions concerning imports of yarn from India and China.2

    1See Petitioners' Letter, “Polyester Textured Yarn from the People's Republic of China and India—Petition for the Imposition of Antidumping and Countervailing Duties,” dated October 18, 2018 (Petitions).

    2See Volumes III and V of the Petitions.

    During the period October 22 through November 1, 2018, we requested information from the petitioners pertaining to the scope of the investigations and certain allegations contained within the Petitions.3 During the period October 26 through November 2, 2018, the petitioners supplemented the record in response to these requests.4

    3See Commerce's Letters, “Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India: Supplemental Questions,” “Petition for the Imposition of Antidumping Duties on Imports of Polyester Textured Yarn from India: Supplemental Questions,” and “Petition for the Imposition of Antidumping Duties on Imports of Polyester Textured Yarn from the People's Republic of China: Supplemental Questions,” dated October 22, 2018. See also “Petition for the Imposition of Antidumping Duties on Imports of Polyester Textured Yarn from India: Supplemental Questions,” dated October 29, 2018, “Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India: Phone Call with Counsel to the Petitioners,” dated October 29, 2018, and “Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India: Supplemental Questionnaire Regarding Proposed Scope,” dated November 1, 2018.

    4See the Petitioners' Letters, “Polyester Textured Yarn from India and the People's Republic of China—Petitioners' Supplement to Volume I Relating to General Issues,” (General Issues Supplement), and “Polyester Textured Yarn from India—Petitioners' Supplement for Volume IV Regarding India Antidumping Duties,” dated October 26, 2018. See also Polyester Textured Yarn from the People's Republic of China; Petitioners' Supplemental for Volume II Regarding China Antidumping Duties” (China AD Supplemental), dated October 29, 2018, “Polyester Textured Yarn from India—Petitioners' 2nd Supplemental Response for Volume IV Regarding India Antidumping Duties,” dated October 30, 2018, “Polyester Textured Yarn from India and the People's Republic of China—Petitioners' Supplement to Volume I Relating to General Issues,” dated October 31, 2018 (Second General Issues Supplement), and “Polyester Textured Yarn from the People's Republic of China and India—Petitioners' Response to Commerce's Question Regarding Scope Language,” dated November 2, 2018.

    In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that imports of yarn from India and China are being, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing yarn in the United States. Consistent with section 732(b)(1) of the Act, the Petitions are accompanied by information reasonably available to the petitioners supporting their allegations.

    Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry because the petitioners are interested parties as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support with respect to the initiation of the AD investigations that the petitioners are requesting.5

    5See the “Determination of Industry Support for the Petition” section, infra.

    Period of Investigations

    Because the Petitions were filed on October 18, 2018, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) for the India investigation is October 1, 2017, through September 30, 2018. Because China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the POI is April 1, 2018, through September 30, 2018.

    Scope of the Investigations

    The product covered by these investigations is yarn from India and China. For a full description of the scope of these investigations, see the Appendix to this notice.

    Comments on Scope of the Investigations

    During our review of the Petitions, we contacted the petitioners regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the product for which the domestic industry is seeking relief.6 As a result, the scope of the Petitions was modified to clarify the description of merchandise covered by the Petitions. The description of the merchandise covered by these investigations, as described in the Appendix to this notice, reflects these clarifications.

    6See General Issues Supplement. See also Memorandum, “Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India: Phone Call with Counsel to the Petitioners,” dated October 29, 2018.

    As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).7 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information,8 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on November 27, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on December 7, 2018, which is 10 calendar days from the initial comments deadline.9

    7See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).

    8See 19 CFR 351.102(b)(21) (defining “factual information”).

    9See 19 CFR 351.303(b).

    Commerce requests that any factual information parties consider relevant to the scope of the investigations be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations.

    Filing Requirements

    All submissions to Commerce must be filed electronically using Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).10 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.

    10See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.

    Comments on Product Characteristics for AD Questionnaires

    Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of yarn to be reported in response to Commerce's AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production (FOPs) accurately, as well as to develop appropriate product-comparison criteria.

    Interested parties may provide any factual information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics, and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe yarn, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last.

    In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on November 27, 2018, which is 20 calendar days from the signature date of this notice.11 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on December 7, 2018. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of each of the AD investigations.

    11See 19 CFR 351.303(b).

    Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the “industry.”

    Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,12 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.13

    12See section 771(10) of the Act.

    13See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).

    Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation” (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition).

    With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the Petitions.14 Based on our analysis of the information submitted on the record, we have determined that yarn, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.15

    14See Volume I of the Petitions, at 11-12; see also General Issues Supplement, at 4-5 and Exhibit GEN-Supp-2.

    15 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Antidumping Duty Investigation Initiation Checklist: Polyester Textured Yarn from the People's Republic of China (China AD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Polyester Textured Yarn from the People's Republic of China and India (Attachment II); see also Antidumping Duty Investigation Initiation Checklist: Polyester Textured Yarn from India (India AD Initiation Checklist), at Attachment II. These checklists are dated concurrently with, and hereby adopted by, this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building.

    In determining whether the petitioners have standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the “Scope of the Investigations,” in the Appendix to this notice. To establish industry support, the petitioners provided their own production of the domestic like product in 2017, as well as the 2017 production of companies that support the Petitions.16 The petitioners compared the production of the supporters of the Petitions to the estimated total production of the domestic like product for the entire domestic industry.17 We relied on data provided by the petitioners for purposes of measuring industry support.18

    16See Volume I of the Petitions, at 4-5 and Exhibit GEN-2.

    17Id.; see also General Issues Supplement, at Exhibit GEN-Supp-3.

    18Id. For further discussion, see China AD Initiation Checklist, at Attachment II; and India AD Initiation Checklist, at Attachment II.

    Our review of the data provided in the Petitions, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petition.19 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).20 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.21 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.22 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.

    19See China AD Initiation Checklist, at Attachment II; and India AD Initiation Checklist, at Attachment II.

    20See section 732(c)(4)(D) of the Act; see also China AD Initiation Checklist, at Attachment II; and India AD Initiation Checklist, at Attachment II.

    21See China AD Initiation Checklist, at Attachment II; and India AD Initiation Checklist, at Attachment II.

    22Id.

    Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act, and they have demonstrated sufficient industry support with respect to the AD investigations that they are requesting that Commerce initiate.23

    23Id.

    Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at less than normal value (NV). In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.24

    24See Volume I of the Petitions, at 13-14 and Exhibit GEN-8.

    The petitioners contend that the industry's injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression and suppression; declines in the domestic industry's production, capacity utilization, and U.S. commercial shipments; decline in the domestic industry's financial performance; lost sales and revenues; and closures of U.S. production facilities.25 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as cumulation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.26

    25Id. at 10, 13-26 and Exhibits GEN-6 and GEN-8 through GEN-13; see also General Issues Supplement, at 6-7 and Exhibits GEN-Supp-4 and GEN-Supp-5.

    26See China AD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Polyester Textured Yarn from the People's Republic of China and India (Attachment III); see also India AD Initiation Checklist, at Attachment III.

    Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less than fair value that are the basis for Commerce's decision to initiate AD investigations of imports of yarn from India and China. The sources of data for the deductions and adjustments relating to U.S. price and NV are discussed in greater detail in the country-specific AD Initiation Checklists.

    Export Price

    For both India and China, the petitioner based export price (EP) on price quotes for yarn produced in, and exported from, India and China and offered for sale in the United States.27 Where appropriate, the petitioners made deductions from U.S. price for foreign brokerage and handling, foreign inland freight, ocean freight, marine insurance, U.S. inland freight, U.S. brokerage and handling, U.S. customs fees, and unrebated value added tax, consistent with the terms of sale as applicable.28

    27See China AD Initiation Checklist and India AD Initiation Checklist.

    28See China AD Initiation Checklist and India AD Initiation Checklist.

    Normal Value

    For India, the petitioners based NV on home market prices obtained through market research for yarn produced in and sold, or offered for sale, in India within the proposed POI.29 The petitioners calculated net home market prices, adjusted as appropriate for rebates.30 The petitioners provided information indicating that the prices were below the cost of production (COP) and, therefore, the petitioners also calculated NV based on constructed value (CV).31 For further discussion of COP and NV based on CV, see the section “Normal Value Based on Constructed Value” below.32

    29See India AD Initiation Checklist.

    30Id.

    31Id.

    32 In accordance with section 773(b)(2) of the Act, for this investigation, Commerce will request information necessary to calculate the CV and cost of production (COP) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product.

    With respect to China, Commerce considers China to be an NME country.33 In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on FOPs valued in a surrogate market economy country, in accordance with section 773(c) of the Act.34

    33See Antidumping Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017), and accompanying decision memorandum, China's Status as a Non-Market Economy, unchanged in Certain Aluminum Foil from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018).

    34See China AD Initiation Checklist.

    The petitioners claim that Malaysia is an appropriate surrogate country for China because it is a market economy country that is at a level of economic development comparable to that of China, it is a significant producer of identical merchandise, and data for Malaysia for valuing FOPs are available and reliable.35 The petitioners provided publicly available information from Malaysia to value all FOPs.36 Therefore, based on the information provided by the petitioners, we determine that it is appropriate to use Malaysia as the primary surrogate country for initiation purposes.

    35See Volume II of the Petitions, at 6-8 and Exhibit AD-PRC-3.

    36See Volume II of the Petitions, at 9-11; see also China AD Supplemental at 5-6 and Exhibit AD-PRC-Supp-4-B.

    Interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination.

    Factors of Production

    Based on their assertion that information regarding the FOPs and volume of inputs consumed by Chinese producers/exporters of yarn was not reasonably available, the petitioners used their own consumption rates for yarn to estimate the Chinese manufacturers' FOPs.37 The petitioners valued the estimated FOPs using surrogate values from Malaysia reported in Malaysian ringgit and converted to U.S. dollars.38 The petitioners calculated factory overhead, selling, general and administrative (SG&A) expenses, and profit based on the experience of a Malaysian producer of yarn.39

    37See China AD Initiation Checklist.

    38Id.

    39Id.

    Normal Value Based on Constructed Value

    As noted above, for India, the petitioners obtained home market prices but demonstrated that these prices were below the COP during the POI; therefore, the petitioners also based NV on CV pursuant to section 773(a)(4) of the Act. Pursuant to section 773(e) of the Act, CV consists of the cost of manufacturing (COM), SG&A expenses, financial expenses, profit, and packing expenses.

    The petitioners calculated the COM based on two domestic producers' input FOPs and usage rates for raw materials, labor, energy, and packing.40 The petitioners valued the input FOPs using publicly available data on costs specific to India during the proposed POI. Specifically, the petitioners based the prices for raw material and packing inputs on publicly available import data for India.41 The petitioners valued labor and energy costs using publicly available sources for India.42 The petitioners calculated factory overhead, SG&A, financial expenses, and profit for India based on the experience of an Indian producer of yarn.43

    40See India AD Initiation Checklist.

    41Id.

    42Id.

    43Id.

    Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to believe that imports of yarn from India and China are being, or are likely to be, sold in the United States at less than fair value. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for yarn are as follows: (1) India—35.14 to 202.93 percent; 44 and (2) China—74.98 and 77.15 percent.45

    44See India AD Initiation Checklist.

    45See China AD Initiation Checklist.

    Initiation of Less-Than-Fair-Value Investigations

    Based upon the examination of the Petitions, we find that the Petitions meet the requirements of section 732 of the Act. Therefore, we are initiating AD investigations to determine whether imports of yarn from India and China are being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 140 days after the date of this initiation.

    Respondent Selection

    The petitioners identified 34 producers/exporters as accounting for the majority of exports of yarn to the United States from India.46 Following standard practice in AD investigations involving market economy countries, in the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce's resources, where appropriate, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of yarn from India during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the “Scope of the Investigations,” in the Appendix.

    46See Second General Issues Supplement, at Exhibit GEN-SUPP-5.

    We also intend to release the CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO on the record within five business days of publication of this Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted seven calendar days after the placement of the CBP data on the record of the India AD investigation. Parties wishing to submit rebuttal comments should submit those comments five calendar days after the deadline for the initial comments. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce's website at http://enforcement.trade.gov/apo.

    Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully, in its entirety, by Commerce's electronic records system, ACCESS, no later than 5:00 p.m. ET on the dates noted above. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice.

    The petitioners identified 51 producers/exporters as accounting for the majority of exports of yarn to the United States from China.47 In accordance with our standard practice for respondent selection in AD cases involving NME countries, we intend to issue quantity and value (Q&V) questionnaires to producers/exporters of merchandise subject to this investigation. In the event Commerce determines that it cannot individually examine each company, where appropriate, Commerce intends to select mandatory respondents based on the responses received to its Q&V questionnaires. Commerce will request Q&V information from known exporters and producers identified with complete contact information in the Petition.

    47Id.

    Exporters and producers of yarn from China that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from the Enforcement and Compliance website, at http://trade.gov/enforcement/news.asp. Responses to the Q&V questionnaire must be submitted by the relevant Chinese exporters/producers no later than 5:00 p.m. ET on November 21, 2018, which is two weeks from the signature date of this notice. All Q&V questionnaire responses must be filed electronically via ACCESS.

    Separate Rates

    In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.48 The specific requirements for submitting a separate-rate application in this investigation are provided in the application itself, which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after publication of this initiation notice.49 Exporters and producers who submit a separate-rate application and have been selected as mandatory respondents will only be eligible for consideration for separate-rate status if they respond to all parts of Commerce's AD questionnaire as mandatory respondents. Commerce requires that companies from China submit a response to both the Q&V questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. Companies not filing a timely Q&V questionnaire response will not receive separate-rate consideration.

    48See Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving Non-Market Economy Countries (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).

    49 Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that “the Secretary may request any person to submit factual information at any time during a proceeding,” this deadline is now 30 days.

    Use of Combination Rates

    Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states:

    {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of “combination rates” because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.50

    50See Policy Bulletin 05.1 at 6 {emphasis added}.

    Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the Governments of India and China via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2).

    ITC Notification

    We will notify the ITC of our initiation, as required by section 732(d) of the Act.

    Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of yarn from India and/or China are materially injuring or threatening material injury to a U.S. industry.51 A negative ITC determination for any country will result in the investigation being terminated with respect to that country.52 Otherwise, the investigations will proceed according to statutory and regulatory time limits.

    51See section 733(a) of the Act.

    52Id.

    Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 53 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.54 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations.

    53See 19 CFR 351.301(b).

    54See 19 CFR 351.301(b)(2).

    Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of CV under section 773(e) of the Act.55 Section 773(e) of the Act states that “if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.” When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately.

    55See Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015).

    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent's initial Section D questionnaire response.

    Extensions of Time Limits

    Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these investigations.

    Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.56 Parties must use the certification formats provided in 19 CFR 351.303(g).57 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.

    56See section 782(b) of the Act.

    57See also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.

    Notification to Interested Parties

    Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Instructions for filing such applications may be found on Commerce's website at http://enforcement.trade.gov/apo.

    This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: November 7, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix Scope of the Investigations

    The merchandise covered by these investigations, polyester textured yarn, is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate). Polyester textured yarn is produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber. This scope includes all forms of polyester textured yarn, regardless of surface texture or appearance, yarn density and thickness (as measured in denier), number of filaments, number of plies, finish (luster), cross section, color, dye method, texturing method, or packing method (such as spindles, tubes, or beams).

    The merchandise subject to these investigations is properly classified under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

    [FR Doc. 2018-24953 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Rescission, in Part, of Antidumping Duty Administrative Review; 2017-2018 AGENCY:

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

    SUMMARY:

    On August 10, 2018, the Department of Commerce (Commerce) initiated an administrative review of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (TRBs) from the People's Republic of China (China) for 14 companies. Based on timely withdrawal of requests for review, we are now rescinding this administrative review with respect to 10 of these companies.

    DATES:

    Applicable November 19, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Medley or Alex Wood, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-1959, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    In June 2018, Commerce received multiple timely requests to conduct an administrative review of the antidumping duty order on TRBs from China. Based upon these requests, on August 10, 2018, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), Commerce published a notice of initiation of an administrative review covering the period June 1, 2017, through May 31, 2018, with respect to 14 companies.1 In August and September, 2018, the following companies withdrew their requests for an administrative review: Changshan Peer Bearing Co., Ltd. (CPZ/SKF); CNH Industrial Italia SpA (CNH); GGB Bearing Technology (Suzhou) Co., Ltd. (GGB); GSP Automotive Group Wenzhou Co., Ltd. (GSP); Hangzhou Hanji Auto Parts Co., Ltd. (Hanji Auto); Hangzhou Radical Energy-Saving Technology Co., Ltd. (Hangzhou Radical); Ningbo Xinglun Bearings Import & Export Co., Ltd. (Xinglun Bearings); Shanghai General Bearing Co., Ltd (SGBC); Zhejiang Machinery Import & Export Corp. (Zhejiang Machinery); and Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd. (Zhaofeng).

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 39688 (August 10, 2018). See also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 45596, 45603 (September 10, 2018), correcting the spelling of one company name.

    Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. CNH, CPZ/SKF, GGB, GSP, Hanji Auto, Hangzhou Radical, SGBC, Xinglun Bearings, Zhaofeng, and Zhejiang Machinery timely withdrew their requests for an administrative review of themselves. No other party requested a review of these 10 companies. Accordingly, we are rescinding this review, in part, with respect to these companies, pursuant to 19 CFR 351.213(d)(1).

    The instant review will continue with respect to the following companies: Hangzhou Xiaoshan Dingli Machinery Co., Ltd.; Shandong Aokai Bearing Co., Ltd.; Taizhou Zson Bearing Technology Co., Ltd.; and Zhejiang Jingli Bearing Technology Co., Ltd.

    Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice.

    Notification to Importers

    This notice serves as a 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 review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    This notice is issued and published in accordance with sections 751 and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: November 14, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2018-25146 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-904] Certain Activated Carbon From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY:

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

    SUMMARY:

    On October 22, 2018, the Department of Commerce (Commerce) published in the Federal Register the final results of the administrative review of the antidumping duty (AD) order on certain activated carbon from the People's Republic of China (China). Commerce is amending the final results of the administrative review to correct ministerial errors.

    DATES:

    Applicable November 19, 2018.

    FOR FURTHER INFORMATION CONTACT:

    John Anwesen or Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0131 or (202) 482-0339, respectively.

    SUPPLEMENTARY INFORMATION:

    On October 22, 2018, Commerce published in the Federal Register the final results of the administrative review of certain activated carbon from China.1 On October 23, 2018, Datong Juqiang submitted timely ministerial error allegations regarding the Final Results. In addition, Tianjin Channel Filters Co., Ltd. (TCF), Jilin Bright Future Chemicals Co. Ltd (Jilin Bright Future), Datong Municipal Yunguang Activated Carbon Co., Ltd. (Datong Yunguang), Shanxi Industry Technology Trading Co., Ltd. (SITT), and Shanxi Dapu International Trade Co., Ltd. (Shanxi Dapu) (collectively, No Shipment Companies) submitted timely ministerial error allegations regarding the Final Results.

    1See Certain Activated Carbon from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 53214 (October 22, 2018) (Final Results) and accompanying Issues and Decision Memorandum.

    Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act of 1930, as amended (the Act), includes “errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.” 2 With respect to final results, 19 CFR 351.224(e) provides that Commerce “will analyze any comments received and, if appropriate, correct any ministerial error by amending . . . the final results of review. . . .”

    2See also 19 CFR 351.224(f).

    Ministerial Errors A. No Shipment Companies

    The No Shipment Companies allege that, in Appendix II of the Final Results, Commerce erroneously listed TCF, Jilin Bright Future, Datong Yunguang, SITT, and Shanxi Dapu as companies not eligible for a separate rate and, therefore, part of the China-Wide entity. With regard to the No Shipment Companies' allegation, we agree that the inclusion of their names in Appendix II of the Final Results constitutes a ministerial error. In the Final Results, we determined that these companies made no shipments of subject merchandise during the period of review, based on their respective certifications of no shipments and our inquiry with CBP. Thus, the inclusion of these companies in Appendix II of the Final Results, which identified the companies that were not eligible for a separate rate and would be treated as part of the China-wide entity, was an unintentional error, and constitutes a ministerial error within the meaning of section 751(h) of the Act and 19 CFR 351.224(f), which warrants a correction. Consequently, we revised Appendix II to remove TCF, Jilin Bright Future, Datong Yunguang, SITT, and Shanxi Dapu from the list of companies not eligible for a separate rate as part of the China-Wide entity.

    B. Carbon Activated Tianjin Co., Ltd.

    In reviewing the ministerial error allegations in the Final Results, we noted that we inadvertently we applied the margin corresponding to the incorrect comparison method, inconsistent with the results of our differential pricing test and analysis. This error resulted in assigning the incorrect weighted-average dumping margin to Carbon Activated Tianjin Co., Ltd. (Carbon Activated). In the Final Results, we inadvertently listed a dumping margin calculated based on the average-to-transaction (A-T) comparison method, which resulted in a $0.45/kilogram weighted-average dumping margin.3 However, we should have listed the dumping margin calculated using the mixed alternative methodology (i.e., average-to-average and A-T method),4 which results in a weighted-average dumping margin of $0.23/kilogram. We find that our application of the margin corresponding to the A-T comparison method is an unintentional error constituting a ministerial error within the meaning of section 751(h) of the Act and 19 CFR 351.224(f), and warranting correction.5 Consequently, as explained in the Ministerial Error Memorandum, we are amending the final weighted-average dumping margin for Carbon Activated pursuant to 19 CFR 351.224(e) to reflect the correct methodology and weighted-average dumping margin.

    3See Final Results, 83 FR at 53214. See also Memorandum, “Antidumping Duty Administrative Review of Certain Activated Carbon from the People's Republic of China: Final Results Calculation Memorandum for Carbon Activated” at 3.

    4See Memorandum, “Antidumping Duty Administrative Review of Certain Activated Carbon from the People's Republic of China: Final Results Calculation Memorandum for Carbon Activated” dated October 16, 2018 (Carbon Activated's Final Calculation Memorandum), at 3-4.

    5See Ministerial Error Memorandum; see also Carbon Activated's Final Calculation Memorandum at 3-4.

    Furthermore, in the Final Results, we assigned to the non-individually examined companies that qualified for a separate rate (Separate Rate Companies), the weighted-average dumping margin calculated for Carbon Activated.6 Consistent with our practice, because we are amending Carbon Activated's final weighted-average dumping margin to reflect the correct differential pricing methodology, we are also amending the separate rate assigned to the Separate Rate Companies.

    6See Final Results, 83 FR at 53214.

    Revisions Not Covered by Section 751(h) of the Act

    In its timely filed ministerial allegation letter, Datong Juqiang alleges that, in the Datong Juqiang-specific draft liquidation instructions, Commerce identified one importer/customer by its short name, not its full legal name. In the final Datong Juqiang-specific liquidation instructions, Datong Juqiang requests that Commerce identify the importer/customer by both its full legal name and short name. Datong Juqiang also requests that Commerce revise the instruction to include an additional customer reported by Datong Juqiang in its responses, to avoid any confusion with United States Customs and Border Protection (CBP) when liquidating entries.

    We find that Datong Juqiang's alleged errors do not constitute a ministerial error within the meaning of section 751(h) of the Act and 19 CFR 351.224(f) because they are comments on the draft liquidation instructions, rather than allegations of error in the final results of this administrative review. Nevertheless, we have considerd Datong Juqiang's comment on the draft liquidation instructions and have revised Datong Juqiang's liquidation instruction to include both the full legal name and short name of one importer/customer as identified by Datong Juqiang. However, consistent with our practice, we decline to include the name of the additional customer reported by Datong Juqiang in its responses because this customer was not reported as importer of record, which is the information upon which importer-specific assessment and liquidation instructions are based, unless the importer of record is unknown. In this case, this additional customer was not reported as an importer of record.

    Amended Final Results

    The amended weighted-average dumping margins are as follows:

    7 In the second administrative review of the Order, Commerce determined that it would calculate per-unit weighted-average dumping margins and assessment rates for all future reviews. See Certain Activated Carbon from the People's Republic of China: Final Results and Partial Rescission of Second Antidumping Duty Administrative Review, 75 FR 70208, 70211 (November 17, 2010) and accompanying IDM at Comment 3.

    8 There are no changes to the dumping margin for Datong Juqiang Activated Carbon Co., Ltd.

    9 In the third administrative review of the Order, Commerce found that Jacobi Carbons AB, Tianjin Jacobi International Trading Co. Ltd., and Jacobi Carbons Industry (Tianjin) are a single entity and, because there were no facts presented on the record of this review which would call into question our prior finding, we continue to treat these companies as part of a single entity for this administrative review, pursuant to sections 771(33)(E), (F), and (G) of the Act and 19 CFR 351.401(f). See Certain Activated Carbon from the People's Republic of China: Final Results and Partial Rescission of Third Antidumping Duty Administrative Review, 76 FR 67142, 67145 n.25 (October 31, 2011); see also Preliminary Results, and accompanying PDM at n.26.

    Exporter Amended
  • weighted-
  • average
  • dumping
  • margins
  • (USD/kg) 7
  • Beijing Pacific Activated Carbon Products Co., Ltd 0.23 Carbon Activated Tianjin Co., Ltd 0.23 Datong Juqiang Activated Carbon Co., Ltd 8 0.00 Jacobi Carbons AB 9 0.23 Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 0.23 Ningxia Huahui Activated Carbon Co., Ltd 0.23 Ningxia Mineral & Chemical Limited 0.23 Shanxi Sincere Industrial Co., Ltd 0.23

    These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e) and (g).

    Dated: November 13, 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 Companies Not Eligible for a Separate Rate and To Be Treated as Part of China-Wide Entity Company 1. Beijing Embrace Technology Co., Ltd. 2. Meadwestvaco (China) Holding Co., Ltd. 3. Ningxia Guanghua A/C Co., Ltd. 4. Ningxia Guanghua Activated Carbon Co., Ltd. 5. Ningxia Guanghua Chemical Activated Carbon Co., Ltd. 6. Ningxia Jirui Activated Carbon 7. Shanxi DMD Corporation 8. Tancarb Activated Carbon Co., Ltd. 9. Tangshan Solid Carbon Co., Ltd. 10. Tianjin Jacobi International Trading Co., Ltd. 11. Tianjin Maijin Industries Co., Ltd.
    [FR Doc. 2018-25144 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-523-808] Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) determines that, during the period of review (POR) July 1, 2016, through June 30, 2017, Oman Fasteners LLC (Oman Fasteners) is not selling nails at less than normal value but that the collapsed entity of Overseas International Steel Industry LLC (OISI) and Overseas Distribution Services Inc. (ODS) is.

    DATES:

    Applicable November 19, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3936, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On May 14, 2018, Commerce published the Preliminary Results of the 2016-2017 antidumping duty administrative review of certain steel nails from the Sultanate of Oman.1 In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment on our Preliminary Results. On June 13, 2018, Mid Continent Steel & Wire, Inc. (the petitioner) and Oman Fasteners submitted case briefs.2 In its case brief, the petitioner timely requested a hearing but withdrew its request on September 7, 2018.3 On June 20, 2018, the petitioner and Oman Fasteners submitted their rebuttal briefs.4

    1See Certain Steel Nails from the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017, 83 FR 22246 (May 14, 2018) and accompanying Preliminary Decision Memorandum (Preliminary Results).

    2See the petitioner's case brief, dated June 13, 2018, Oman Fasteners' case brief, dated June 13, 2018.

    3See Letter from the petitioner, “Certain Steel Nails from Oman: Withdrawal of Request for Hearing,” dated September 7, 2018.

    4See the petitioner's rebuttal brief, dated June 20, 2018, and Oman Fasteners' rebuttal brief, dated June 20, 2018.

    Scope of the Order

    The merchandise covered by this order is nails having a nominal shaft length not exceeding 12 inches.5 Merchandise covered by the order is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Nails subject to this order also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. For a complete description of the scope of the order, see the IDM.6

    5 The shaft length of certain steel nails with flat heads or parallel shoulders under the head shall be measured from under the head or shoulder to the tip of the point. The shaft length of all other certain steel nails shall be measured overall.

    6See Memorandum, “Decision Memorandum for Final Results of the 2016-2017 Antidumping Duty Administrative Review of Certain Steel Nails from the Sultanate of Oman,” dated concurrently with, and hereby adopted by this notice (IDM).

    Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the IDM. A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The IDM 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 in the Central Records Unit (CRU), room B8024 of the main Department of Commerce building. In addition, a complete version of the IDM can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic versions of the IDM are identical in content.

    Changes Since the Preliminary Results

    Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we have recalculated Oman Fasteners' weighted-average dumping margin.7 The AFA dumping margin for the collapsed entity (i.e., OISI and ODS) remains unchanged from the Preliminary Results. 8

    7See IDM; see also Memorandum, “Certain Nails from Oman: Calculation Memorandum for the Final Results of the 2016-2017 Administrative Review—Oman Fasteners,” dated concurrently with this notice.

    8 Commerce determined that OISI and ODS should be a collapsed entity in the previous administrative review. See Certain Steel Nails from the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2014-2016, 83 FR 4030 (January 29, 2018).

    Final Results of the Review

    As a result of this review, we determine that, for the period July 1, 2016, through June 30, 2017, the following dumping margins exist:

    Producer and/or exporter Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Oman Fasteners LLC 0.00 Overseas International Steel Industry LLC/Overseas Distribution Services Inc 154.33
    Duty Assessment

    Commerce shall determine and Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries.9 For Oman Fasteners, because its weighted-average dumping margin is zero or de minimis (i.e., less than 0.5 percent), Commerce has not calculated importer-specific antidumping duty assessment rates. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis. Because we calculated a zero margin for Oman Fasteners in the final results of this review, we intend to instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of the subject merchandise from OISI and ODS, we will instruct CBP to assess antidumping duties at the AFA rate of 154.33 percent.

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

    In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by each respondent for which it did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue assessment instructions directly to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Tariff Act of 1930, as amended (the Act): (1) The cash deposit rate for respondents noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 9.10 percent, the all-others rate established in the antidumping investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties.

    Administrative Protective Order

    This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

    We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: November 9, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final IDM I. Summary II. List of Issues III. Background IV. Scope of the Order V. Discussion of the Issues Comment 1: Whether Astrotech's financial statement is a better source than Amatei for calculating CV profit and indirect selling expenses Comment 2: Whether Commerce made certain errors in its calculation of CV profit and indirect selling expenses Comment 3: Whether Oman Fasteners is affiliated with a U.S. customer via a close supplier relationship Comment 4: Whether Oman Fastener's U.S. sales are CEP sales because the terms of sale were agreed to or established by the Atlanta office Comment 5: Whether Commerce should impute interest for a related party loan Comment 6: Whether Commerce should base CV Profit on Omani rates or capped if based on third-country sources Comment 7: Whether Commerce's differential pricing methodology is unlawful VI. Recommendation
    [FR Doc. 2018-25145 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-098, C-533-886] Polyester Textured Yarn From India and the People's Republic of China: Initiation of Countervailing Duty Investigations AGENCY:

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

    DATES:

    Applicable November 7, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Janae Martin at (202) 482-0238 (India) and Robert Palmer at (202) 482-9068 (People's Republic of China (China)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

    SUPPLEMENTARY INFORMATION: The Petition

    On October 18, 2018, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of polyester textured yarn (yarn) from India and China, filed in proper form on behalf of Unifi Manufacturing, Inc. and Nan Ya Plastics Corp., America (the petitioners), domestic producers of yarn.1 The CVD Petitions were accompanied by antidumping duty (AD) petitions concerning imports of yarn from India and China.2

    1See Petitioners' Letter, “Polyester Textured Yarn from India and the People's Republic of China,” dated October 18, 2018 (the Petitions).

    2See Volumes II and IV of the Petitions.

    During the period October 22 through November 1, 2018, we requested information from the petitioners pertaining to the scope of the investigations and certain allegations contained within the Petitions.3 The petitioners filed additional information between October 26, and November 2, 2018.4

    3See Commerce's Letters, “Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India: Supplemental Questions” (General Issues Supplemental), “Petition for the Imposition of Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China: Supplemental Questions,” “Petition for the Imposition of Countervailing Duties on Imports of Polyester Textured Yarn: Supplemental Questions,” all dated October 22, 2018, “Petition for the Imposition of Countervailing Duties on Imports of Polyester Textured Yarn {from India}: Supplemental Questions,” dated October 29, 2018, and “Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India: Supplemental Questionnaire Regarding Proposed Scope,” dated November 1, 2018.

    4See Petitioners' Letters, “Polyester Textured Yarn from India and the People's Republic of China—Petitioners' Supplement to Volume I Relating to General Issues,” “Polyester Textured Yarn from India—Petitioners' Response to Department's October 22, 2018 Supplemental Questionnaire,” and “Petitioners' Supplement to Volume III of the Petitions Relating to Countervailing Duty Investigation of Polyester Textured Yarn from the People's Republic of China,” all dated October 26, 2018; Petitioners' Letter to Commerce, “Polyester Textured Yarn from India—Petitioners' Response to the Department's October 29, 2018 Supplemental Questionnaire,” dated October 30, 2018; Petitioners' Letter to Commerce, “Polyester Textured Yarn from India and the People's Republic of China—Petitioners' Supplement to Volume I Relating to General Issues,” dated October 31, 2018 (Second General Issues Supplement); and Petitioners' Letter to Commerce, “Polyester Textured Yarn from India and the People's Republic of China—Petitioners' Response to Commerce's Question Regarding the Scope Language,” dated November 2, 2018.

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Governments of China and India (GOC, and GOI, respectively) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of yarn in China and India and that imports of such products are materially injuring, or threatening material injury to, the domestic yarn industry in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions are accompanied by information reasonably available to the petitioners supporting their allegations.

    Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry because the petitioners are interested parties as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support necessary for the initiation of the requested CVD investigations.5

    5See the “Determination of Industry Support for the Petition” section, infra.

    Period of Investigations

    Because the Petitions were filed on October 18, 2018, the period of investigation is January 1, 2017, through December 31, 2017 for each investigation.

    Scope of the Investigations

    The product covered by these investigations is yarn from China and India. For a full description of the scope of these investigations, see the Appendix to this notice.

    Comments on the Scope of the Investigations

    During our review of the Petitions, we contacted the petitioners regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief.6 As a result, the scope of the Petitions was modified to clarify the description of merchandise covered by the Petitions. The description of the merchandise covered by these investigations, as described in the Appendix to this notice, reflects these clarifications.

    6See General Issues Supplement. See also Memorandum, re: “Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Polyester Textured Yarn from the People's Republic of China and India-Phone Call with Counsel to the Petitioners,” dated October 29, 2018.

    As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).7 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,8 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on November 27, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on December 7, 2018, which is 10 calendar days from the initial comments deadline.9

    7See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble).

    8See 19 CFR 351.102(b)(21) (defining “factual information”).

    9See 19 CFR 351.303(b).

    Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations.

    Filing Requirements

    All submissions to Commerce must be filed electronically using Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).10 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.

    10See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.

    Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the GOC and GOI of the receipt of the Petitions and provided them the opportunity for consultations with respect to the China CVD Petition and India CVD Petition, respectively.11 Consultations were held with the GOI on November 2, 2018.12 The GOC did not request consultations.

    11See Commerce's Letters, “Countervailing Duty Petition on Polyester Textured Yarn from the People's Republic of China: Invitation for Consultations to Discuss the Countervailing Duty Petition” and “Countervailing Duty Petition on Polyester Textured Yarn from India: Invitation for Consultations to Discuss the Countervailing Duty Petition,” both dated October 18, 2018.

    12See Memorandum, “Consultations with Officials from the Government of India Regarding the Countervailing Duty Petition Concerning Polyester Textured Yarn,” dated November 2, 2018.

    Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the “industry.”

    Section 771(4)(A) of the Act defines the “industry” as the producers, as a whole, of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,13 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.14

    13See section 771(10) of the Act.

    14See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).

    Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation” (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition).

    With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations.15 Based on our analysis of the information submitted on the record, we have determined that polyester textured yarn, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.16

    15See Volume I of the Petitions, at 11-12; see also General Issues Supplement, at 4-5 and Exhibit GEN-Supp-2.

    16 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Countervailing Duty Investigation Initiation Checklist: Polyester Textured Yarn from the People's Republic of China (China CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petition Covering Polyester Textured Yarn from the People's Republic of China and India (Attachment II); see also Countervailing Duty Investigation Initiation Checklist: Polyester Textured Yarn from India (India CVD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building.

    In determining whether the petitioners have standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the “Scope of the Investigations,” in the Appendix to this notice. To establish industry support, the petitioners provided their own production of the domestic like product in 2017, as well as the 2017 production of companies that support the Petitions.17 The petitioners compared the production of the supporters of the Petitions to the estimated total production of the domestic like product for the entire domestic industry.18 We relied on data provided by the petitioners for purposes of measuring industry support.19

    17See Volume I of the Petitions, at 4-5 and Exhibit GEN-2.

    18Id.; see also General Issues Supplement, at Exhibit GEN-Supp-3.

    19Id. For further discussion, see China CVD Initiation Checklist, at Attachment II; and India CVD Initiation Checklist, at Attachment II.

    Our review of the data provided in the Petitions, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petitions.20 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.23 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.

    20Id.

    21Id.; see also section 702(c)(4)(D) of the Act.

    22See China CVD Initiation Checklist, at Attachment II; and India CVD Initiation Checklist, at Attachment II.

    23Id.

    Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act, and they have demonstrated sufficient industry support with respect to the CVD investigations that they are requesting that Commerce initiate.24

    24Id.

    Injury Test

    Because China and India are “Subsidies Agreement Countries” within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from China and/or India materially injure, or threaten material injury to, a U.S. industry.

    Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.25 In CVD petitions, section 771(24)(B) of the Act provides that imports of subject merchandise from developing and least developed countries must exceed the negligibility threshold of four percent. The petitioners also demonstrate that subject imports from India, which has been designated as a least developed country under section 771(36)(B) of the Act, exceed the negligibility threshold of four percent.26

    25See Volume I of the Petitions, at 13-14 and Exhibit GEN-8.

    26Id.

    The petitioners contend that the industry's injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression or suppression; decline in the domestic industry's production, capacity utilization, and U.S. commercial shipments; decline in the domestic industry's financial performance; lost sales and revenues; and closures of U.S. production facilities.27 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as cumulation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.28

    27Id. at 10, 13-26 and Exhibits GEN-6 and GEN-8 through GEN-13; see also General Issues Supplement, at 6-7 and Exhibits GEN-Supp-4 and GEN-Supp-5.

    28See China CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Polyester Textured Yarn from the People's Republic of China and India (Attachment III); and India CVD Initiation Checklist, at Attachment III.

    Initiation of CVD Investigation

    Based on the examination of the Petitions, we find that the Petitions meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of yarn from China and India benefit from countervailable subsidies conferred by the GOC and GOI, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of this initiation.

    China

    Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 19 of the 20 alleged programs, and to partially initiate on the remaining program. For a full discussion of the basis for our decision to initiate on each program, see China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS.

    India

    Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 40 of the 43 alleged programs, and to partially initiate on one of the 43 programs. For a full discussion of the basis for our decision to initiate on each program, see India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS.

    Respondent Selection

    In the Petitions, the petitioners named 51 companies in China 29 and 33 companies in India 30 as producers/exporters of yarn. Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in these investigations. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce's resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of yarn from China and India during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the “Scope of the Investigation,” in the Appendix.

    29See Volume I of the Petition at Exhibit GEN-5 and Second General Issues Supplement, at Exhibit GEN-SUPP-5.

    30Id.

    On November 6, 2018, Commerce released CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of these CVD investigations.31 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection.

    31See Memorandum, “Polyester Textured Yarn from the People's Republic of China (China) Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection” and Memorandum, “Polyester Textured Yarn from India Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,” both dated November 6, 2018.

    Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.

    Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice.

    Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public versions of the Petitions have been provided to the GOC and GOI via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2).

    ITC Notification

    We will notify the ITC of our initiation, as required by section 702(d) of the Act.

    Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of yarn from China and India are materially injuring, or threatening material injury to, a U.S. industry.32 A negative ITC determination will result in the investigation being terminated. 33 Otherwise, this investigation will proceed according to statutory and regulatory time limits.

    32See section 703(a)(2) of the Act.

    33See section 703(a)(1) of the Act.

    Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 34 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.35 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations.

    34See 19 CFR 351.301(b).

    35See 19 CFR 351.301(b)(2).

    Extensions of Time Limits

    Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these investigations.

    Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.36 Parties must use the certification formats provided in 19 CFR 351.303(g).37 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.

    36See section 782(b) of the Act.

    37See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (“Final Rule”); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.

    Notification to Interested Parties

    Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Instructions for filing such applications may be found on Commerce's website at http://enforcement.trade.gov/apo.

    This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c).

    Dated: November 7, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix Scope of the Investigations

    The merchandise covered by these investigations, polyester textured yarn, is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate). Polyester textured yarn is produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber. This scope includes all forms of polyester textured yarn, regardless of surface texture or appearance, yarn density and thickness (as measured in denier), number of filaments, number of plies, finish (luster), cross section, color, dye method, texturing method, or packing method (such as spindles, tubes, or beams).

    The merchandise subject to these investigations is properly classified under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

    [FR Doc. 2018-24952 Filed 11-16-18; 8:45 am] BILLING CODE 3510-DS-P
    COMMODITY FUTURES TRADING COMMISSION Market Risk Advisory Committee AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Commodity Futures Trading Commission (CFTC) announces that on December 4, 2018, from 9:30 a.m. to 4:00 p.m., the Market Risk Advisory Committee (MRAC) will hold a public meeting in the Conference Center at the CFTC's Washington, DC, headquarters. At this meeting, the MRAC will discuss: (1) The current state of clearinghouse risk management and governance and what lies ahead, (2) the management of non-default losses by clearinghouses in recovery and resolution, (3) recent reports and discussion papers on central clearing by global standard setting bodies, and (4) the oversight of third-party service providers/vendor risk management.

    DATES:

    The meeting will be held on December 4, 2018, from 9:30 a.m. to 4:00 p.m. Members of the public who wish to submit written statements in connection with the meeting should submit them by December 11, 2018.

    ADDRESSES:

    The meeting will take place in the Conference Center at the CFTC's headquarters, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. You may submit public comments, identified by “Market Risk Advisory Committee,” by any of the following methods:

    CFTC website: http://comments.cftc.gov. Follow the instructions for submitting comments through the Comments Online process on the website.

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

    Hand Delivery/Courier: Same as Mail, above.

    Any statements submitted in connection with the committee meeting will be made available to the public, including publication on the CFTC website, http://www.cftc.gov.
    FOR FURTHER INFORMATION CONTACT:

    Alicia L. Lewis, MRAC Designated Federal Officer, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581; (202) 418-5862.

    SUPPLEMENTARY INFORMATION:

    The meeting will be open to the public with seating on a first-come, first-served basis. Members of the public may also listen to the meeting by telephone by calling a domestic toll-free telephone or international toll or toll-free number to connect to a live, listen-only audio feed. Call-in participants should be prepared to provide their first name, last name, and affiliation.

    Domestic Toll Free: 1-866-844-9416.

    International Toll and Toll Free: Will be posted on the CFTC's website, http://www.cftc.gov, on the page for the meeting, under Related Links.

    Pass Code/Pin Code: 2951743.

    The meeting agenda may change to accommodate other MRAC priorities. For agenda updates, please visit the MRAC committee site at: https://www.cftc.gov/About/CFTCCommittees/MarketRiskAdvisoryCommittee/mrac_meetings.html.

    After the meeting, a transcript of the meeting will be published through a link on the CFTC's website, http://www.cftc.gov. All written submissions provided to the CFTC in any form will also be published on the CFTC's website. Persons requiring special accommodations to attend the meeting because of a disability should notify the contact person above.

    (Authority: 5 U.S.C. app. 2 § 10(a)(2)). Dated: November 14, 2018. Robert Sidman, Deputy Secretary of the Commission.
    [FR Doc. 2018-25159 Filed 11-16-18; 8:45 am] BILLING CODE 6351-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2018-ICCD-0092] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Comprehensive Literacy Program Evaluation: Striving Readers Implementation Study AGENCY:

    Institute of Education Sciences (IES), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Interested persons are invited to submit comments on or before December 19, 2018.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2018-ICCD-0092. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9089, Washington, DC 20202-0023.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Tracy Rimdzius, 202-245-7283.

    SUPPLEMENTARY INFORMATION:

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

    Title of Collection: Comprehensive Literacy Program Evaluation: Striving Readers Implementation Study.

    OMB Control Number: 1850-NEW.

    Type of Review: A new information collection.

    Respondents/Affected Public: Individuals or Households; State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 4,824.

    Total Estimated Number of Annual Burden Hours: 2,082.

    Abstract: The data collection described in this submission includes activities associated with the legislatively mandated evaluation of the Striving Readers Comprehensive Literacy (SRCL) program. The purpose of this evaluation is to provide information to policymakers, administrators, and educators regarding the implementation of the SRCL program, including grant award procedures, technical assistance, continuous improvement procedures, and literacy interventions at the school level. Data collection will include interviews with state-level grantees and district administrators; school principals, reading specialists, and teachers; and teacher surveys. In addition, the study team will conduct site visits to 50 schools and observe instruction in 100 classrooms using SRCL-funded literacy interventions, however the study team does not request clearance for these observations, which impose no burden. The study team also will collect and review grantee and subgrantee applications and comprehensive literacy plans.

    Dated: November 13, 2018. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2018-25090 Filed 11-16-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Notice of Orders Issued Under Section 3 of the Natural Gas Act During September 2018 FE Docket Nos. EQUINOR NATURAL GAS LLC (previously STATOIL NATURAL GAS) 18-101-NG, 17-96-NG DTE GAS COMPANY 18-111-NG ENERGY PLUS NATURAL GAS, LLC 18-112-NG BOISE WHITE PAPER L.L.C 18-113-NG SEMCO ENERGY, INC., d/b/a SEMCO ENERGY GAS COMPANY 18-114-NG NEW BRUNSWICK ENERGY MARKETING CORPORATION 18-72-NG FREEPORT LNG EXPANSION, LP., et al 18-03-LNG CLEAN ENERGY 18-82-LNG ALLIANCE PIPELINE L.P 18-103-NG ENGIE ENERGY MARKETING NA, INC 18-115-NG; 17-38-NG SENECA RESOURCES COMPANY, LLC (formerly) SENECA RESOURCES CORPORATION 16-118-NG MEXICO PACIFIC LIMITED LLC 18-70-LNG LIBERTY UTILITIES ENERGYNORTH NATURAL GAS CORP. d/b/a LIBERTY UTILITIES 18-121-NG BAY STATE GAS COMPANY d/b/a COLUMBIA GAS OF MASSACHUSETTS 18-122-NG NORTHERN UTILITIES, INC 18-123-NG PETROCHINA INTERNATIONAL (AMERICA), INC 18-124-NG CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. AND ORANGE AND ROCKLAND UTILITIES, INC 18-125-NG CENTRAL HUDSON GAS & ELECTRIC CORPORATION 18-126-NG YANKEE GAS SERVICES COMPANY 18-127-NG SEQUENT ENERGY MANAGEMENT, L.P 18-128-NG UGI ENERGY SERVICES, LLC 18-129-NG ALBERTA NORTHEAST GAS LIMITED 18-117-NG NORTHEAST GAS MARKETS, LLC 18-118-NG CONNECTICUT NATURAL GAS CORPORATION 18-119-NG THE SOUTHERN CONNECTICUT GAS COMPANY 18-120-NG MONTANA-DAKOTA UTILITIES COMPANY 18-133-NG STEPPE PETROLEUM USA INC 17-06-NG CHENIERE MARKETING, LLC & CORPUS CHRISTI LIQUEFACTION, LLC 18-137-LNG THE BROOKLYN UNION GAS COMPANY d/b/a NATIONAL GRID NY 18-104-NG KEYSPAN GAS EAST COMPANY d/b/a NATIONAL GRID 18-105-NG BOSTON GAS COMPANY d/b/a NATIONAL GRID 18-106-NG COLONIAL GAS COMPANY d/b/a NATIONAL GRID 18-107-NG NIAGARA MOHAWK POWER CORPORATION d/b/a NATIONAL GRID 18-108-NG THE NARRAGANSETT ELECTRIC COMPANY d/b/a NATIONAL GRID 18-109-NG UNITED STATES GYPSUM COMPANY 18-134-NG TERMOELECTRICA DE MEXICALI, S. DE R.L. DE C.V 18-135-NG ABAG PUBLICLY OWNED ENERGY RESOURCES 18-136-NG ROCKPOINT GAS STORAGE US, LLC 18-116-NG UNION GAS LIMITED 18-130-NG TAQA NORTH LTD 18-132-NG MERCURIA COMMODITIES CANADA CORPORATION 18-138-NG AGENCY:

    Office of Fossil Energy, Department of Energy.

    ACTION:

    Notice of orders.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy gives notice that during September 2018, it issued orders granting authority to import and export natural gas, to import and export liquefied natural gas (LNG), to amend authority, and vacating prior authorization. These orders are summarized in the attached appendix and may be found on the FE website at https://www.energy.gov/fe/listing-doefe-authorizationsorders-issued-2018-0.

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

    Issued in Washington, DC, on November 13, 2018. Amy Sweeney, Director, Division of Natural Gas Regulation. Appendix DOE/FE Orders Granting Import/Export Authorizations 4236; 4075-A 09/05/18 18-101-LNG; 17-96-NG Equinor Natural Gas LLC (previously Statoil Natural Gas) Order 4236 granting blanket authority to import LNG from various international sources by vessel and Order 4075-A vacating prior authority. 4239 09/03/18 18-111-NG DTE Gas Company Order 4239 granting blanket authority to import/export natural gas from/to Canada. 4240 09/03/18 18-112-NG Energy Plus Natural Gas LLC Order 4240 granting blanket authority to import/export natural gas from/to Canada. 4241 09/05/18 18-113-NG Boise White Paper L.L.C Order 4241 granting blanket authority to import natural gas from Canada. 4242 09/03/18 18-114-NG SEMCO Energy, Inc., d/b/a SEMCO Energy Gas Company Order 4242 granting blanket authority to import/export natural gas from/to Canada. 4243 09/03/18 18-72-NG New Brunswick Energy Marketing Corporation Order 4243 granting blanket authority to import/export natural gas from/to Canada. 4244 09/06/18 18-03-LNG Freeport LNG Expansion, L.P., et al Order 4244 granting blanket authority to export LNG by vessel from the Freeport LNG Terminal located on Quintana Island, Texas, to Free Trade Agreement Nations and Non-Free Trade Agreement Nations. 4245 09/05/18 18-82-LNG Clean Energy Order 4245 granting blanket authority to import/export LNG from/to Free Trade Agreement Nations by truck, rail, barge or other waterborne vessel. 4246 09/07/18 18-103-NG Alliance Pipeline L.P Order 4246 granting blanket authority to import natural gas from Canada. 4247; 4026-A 09/07/18 18-115-NG; 17-38-NG Engie Energy Marketing NA, Inc Order 4247 granting blanket authority to import/export natural gas from/to Canada and to export natural gas to Mexico and Order 4026-A vacating prior authority. 3912-A 09/03/18 16-118-NG Seneca Resources Company, LLC (formerly Seneca Resources Corporation) Order 3912-A amending blanket authority to export natural gas to Mexico to reflect name change. 4248 09/19/18 18-70-NG Mexico Pacific Limited LLC Order 4248 granting long-term multi-contract authority to export natural gas to Mexico and to other Free Trade Agreement Nations. 4249 09/15/18 18-121-NG Liberty Utilities (EnergyNorth Natural Gas) Corp. d/b/a Liberty Utilities Order 4249 granting blanket authority to import/export natural gas from/to Canada. 4250 09/15/18 18-122-NG Bay State Gas Company d/b/a Columbia Gas of Massachusetts Order 4250 granting blanket authority to import/export natural gas from/to Canada. 4251 09/15/18 18-123-NG Northern Utilities, Inc Order 4251 granting blanket authority to import/export natural gas from/to Canada. 4252 09/15/18 18-124-NG Petrochina International (America), Inc Order 4252 granting blanket authority to import/export natural gas from/to Canada/Mexico. 4253 09/15/18 18-125-NG Consolidated Edison Company of New York, Inc. and Orange and Rockland Utilities, Inc Order 4253 granting blanket authority to import/export natural gas from/to Canada. 4254 09/15/18 18-126-NG Central Hudson Gas & Electric Corporation Order 4254 granting blanket authority to import/export natural gas from/to Canada. 4255 09/15/18 18-127-NG Yankee Gas Services Company Order 4255 granting blanket authority to import/export natural gas from/to Canada. 4256 09/16/18 18-128-NG Sequent Energy Management, L.P Order 4256 granting blanket authority to import/export natural gas from/to Mexico. 4257 09/16/18 18-129-NG UGI Energy Services, LLC Order 4257 granting blanket authority to import natural gas from Canada, and to import/export LNG from/to Canada by truck. 4258 09/14/18 18-117-NG Alberta Northeast Gas Limited Order 4258 granting blanket authority to import/export natural gas from/to Canada. 4259 09/14/18 18-118-NG Northeast Gas Markets, LLC Order 4259 granting blanket authority to import/export natural gas from/to Canada. 4260 09/14/18 18-119-NG Connecticut Natural Gas Corporation Order 4260 granting blanket authority to import/export natural gas from/to Canada. 4261 09/15/18 18-120-NG The Southern Connecticut Gas Company Order 4261 granting blanket authority to import/export natural gas from/to Canada. 4262 09/16/18 18-133-NG Montana-Dakota Utilities Company Order 4262 granting blanket authority to import natural gas from Canada. 3979-A 09/16/18 17-06-NG Steppe Petroleum USA Inc Order 3979-A vacating authority to import natural gas from Canada. 4263 09/28/18 18-137-LNG Cheniere Marketing, LLC & Corpus Christi Liquefaction, LLC Order 4263 granting blanket authority to export LNG by vessel from the Corpus Christi Liquefaction Project located in Corpus Christi, Texas to Free Trade Agreement Nations. 4264 09/21/18 18-104-NG The Brooklyn Union Gas Company d/b/a National Grid NY Order 4264 granting blanket authority to import/export natural gas from/to Canada. 4265 09/21/18 18-105-NG KeySpan Gas East Corporation d/b/a National Grid Order 4265 granting blanket authority to import/export natural gas from/to Canada. 4266 09/21/18 18-106-NG Boston Gas Company d/b/a National Grid Order 4266 granting blanket authority to import/export natural gas from/to Canada. 4267 09/21/18 18-107-NG Colonial Gas Company d/b/a National Grid Order 4267 granting blanket authority to import/export natural gas from/to Canada. 4268 09/21/18 18-108-NG Niagara Mohawk Power Corporation d/b/a National Grid Order 4268 granting blanket authority to import/export natural gas from/to Canada. 4269 09/21/18 18-109-NG The Narragansett Electric Company d/b/a National Grid Order 4269 granting blanket authority to import/export natural gas from/to Canada. 4270 09/26/18 18-134-NG United States Gypsum Company Order 4270 granting blanket authority to import natural gas from Canada. 4271 09/26/18 18-135-NG Termoelectrica de Mexicali, S. de R.L. de C.V Order 4271 granting blanket authority to import/export natural gas from/to Mexico. 4272 09/26/18 18-136-NG ABAG Publicly Owned Energy Business Order 4272 granting blanket authority to import natural gas from Canada. 4273 09/26/18 18-116-NG Rockpoint Gas Storage US, LLC Order 4273 granting blanket authority to import/export natural gas from/to Canada. 4274 09/26/18 18-130-NG Union Gas Limited Order 4274 granting long-term authority to export natural gas to Canada. 4275 09/26/18 18-132-NG TAQA North Ltd Order 4275 granting blanket authority to import natural gas from Canada. 4276 09/28/18 18-138-NG Mercuria Commodities Canada Corporation Order 4276 granting long-term authority to export natural gas to Canada.
    [FR Doc. 2018-25167 Filed 11-16-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY National Petroleum Council; Meeting AGENCY:

    Office of Fossil Energy, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the National Petroleum Council. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Tuesday, December 4, 2018, 9:00 a.m. to 11:30 a.m.

    ADDRESSES:

    The St. Regis Washington, DC, 923 Sixteenth Street NW, Washington, DC 20006, Room: Astor Ballroom.

    FOR FURTHER INFORMATION CONTACT:

    Nancy Johnson, U.S. Department of Energy, Office of Oil and Natural Gas (FE-30), Washington, DC 20585; telephone (202) 586-5600 or facsimile (202) 586-6221.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Committee: To provide advice, information, and recommendations to the Secretary of Energy on matters relating to oil and natural gas, or the oil and natural gas industries.

    Tentative Agenda • Call to Order and Introductory Remarks • Remarks by the Honorable Rick Perry, Secretary of Energy • Progress Report from the NPC Committee on U.S. Oil and Natural Gas Transportation Infrastructure • Progress Report from the NPC Committee on Carbon Capture, Use, and Storage • Progress Report on the Supplemental Analysis to the NPC Arctic Potential Report • Administrative Matters • Discussion of Any Other Business Properly Brought Before the National Petroleum Council • Adjournment

    Public Participation: The meeting is open to the public. The Chair of the Council will conduct the meeting to facilitate the orderly conduct of business. Members of the public who wish to make oral statements pertaining to agenda items should contact Ms. Nancy Johnson at the address or telephone number listed above. Request for oral statements must be received at least three days prior to the meeting. Those not able to attend the meeting or having insufficient time to address the Council are invited to send a written statement to [email protected] Any member of the public who wishes to file a written statement to the Council will be permitted to do so, either before or after the meeting.

    Transcripts: Transcripts of the meeting will be available by contacting Ms. Johnson at the address above, or [email protected]

    Signed in Washington, DC, on November 9, 2018. LaTanya Butler, Deputy Committee Management Officer.
    [FR Doc. 2018-25164 Filed 11-16-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Portsmouth; Meeting AGENCY:

    Office of Environmental Management, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

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

    DATES:

    Thursday, December 6, 2018; 6:00 p.m.

    ADDRESSES:

    Ohio State University, Endeavor Center, 1862 Shyville Road, Piketon, Ohio 45661.

    FOR FURTHER INFORMATION CONTACT:

    Greg Simonton, Alternate Deputy Designated Federal Officer, Department of Energy Portsmouth/Paducah Project Office, Post Office Box 700, Piketon, Ohio 45661, (740) 897-3737, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Tentative Agenda • Call to Order, Introductions, Review of Agenda • Approval of October 2018 Minutes • Deputy Designated Federal Officer's Comments • Federal Coordinator's Comments • Liaison's Comments • Presentation • Administrative Issues • Subcommittee Updates • Public Comments • Final Comments From the Board • Adjourn

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

    Minutes: Minutes will be available by writing or calling Greg Simonton at the address and phone number listed above. Minutes will also be available at the following website: https://www.energy.gov/pppo/ports-ssab/listings/meeting-materials.

    Signed in Washington, DC, on November 14, 2018. LaTanya Butler, Deputy Committee Management Officer.
    [FR Doc. 2018-25166 Filed 11-16-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Advanced Scientific Computing Advisory Committee; Meeting AGENCY:

    Office of Science, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Advanced Scientific Computing Advisory Committee (ASCAC). The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    Wednesday, December 12, 2018; 11:00 a.m.-3:00 p.m. Thursday, December 13, 2018; 11:00 a.m.-3:00 p.m.

    ADDRESSES:

    Teleconference: Remote attendance of the Advanced Scientific Computing Advisory Committee meeting will be possible via Zoom. Instructions will be posted on the Advanced Scientific Computing Advisory Committee website at: https://science.energy.gov/ascr/ascac/ prior to the meeting and can also be obtained by contacting Christine Chalk by email at [email protected] or by phone at (301) 903-7486).

    FOR FURTHER INFORMATION CONTACT:

    Christine Chalk, Office of Advanced Scientific Computing Research; SC-21/Germantown Building; U.S. Department of Energy; 1000 Independence Avenue SW, Washington, DC 20585-1290; Telephone (301) 903-7486.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to provide advice and guidance on a continuing basis to the Office of Science and to the Department of Energy on scientific priorities within the field of advanced scientific computing research.

    Purpose of the Meeting: This meeting is the semi-annual meeting of the Committee.

    Tentative Agenda Topics • View from Washington • View from Germantown • Update on Exascale project activities • Report from Subcommittee on 40 years of investments by the Department of Energy in advanced computing and networking • Update on National Energy Research Scientific Computing (NERSC) upgrade • Technical presentations • Public Comment (10-minute rule)

    The meeting agenda includes an update on the budget, accomplishments and planned activities of the Advanced Scientific Computing Research program and the exascale computing project; an update on the Office of Science; technical presentations from funded researchers; and there will be an opportunity for comments from the public. The meeting will conclude at 3:00 p.m. on December 13, 2018. Agenda updates and presentations will be posted on the ASCAC website prior to the meeting: http://science.energy.gov/ascr/ascac/.

    Public Participation: The meeting is open to the public. Individuals and representatives of organizations who would like to offer comments and suggestions may do so during the meeting. Approximately 30 minutes will be reserved for public comments. Time allotted per speaker will depend on the number who wish to speak but will not exceed 10 minutes. The Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Those wishing to speak should submit your request at least five days before the meeting. Those not able to attend the meeting or who have insufficient time to address the committee are invited to send a written statement to Christine Chalk, U.S. Department of Energy, 1000 Independence Avenue SW, Washington DC 20585, email to [email protected]

    Minutes: The minutes of this meeting will be available for review within 60 days on the Department of Energy's Office of Advanced Scientific Computing website at: http://science.energy.gov/ascr/ascac/.

    Signed in Washington, DC on November 14, 2018. LaTanya Butler, Deputy Committee Management Officer.
    [FR Doc. 2018-25165 Filed 11-16-18; 8:45 am] BILLING CODE 6450-01-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: RP19-274-000.

    Applicants: American Midstream (AlaTenn), LLC.

    Description: eTariff filing per 1430: Submission of Form 501-G.

    Filed Date: 11/8/18.

    Accession Number: 20181108-5123.

    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-275-000.

    Applicants: Chandeleur Pipe Line, LLC.

    Description: eTariff filing per 1430: 501-G Report Filing.

    Filed Date: 11/8/18.

    Accession Number: 20181108-5135.

    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-276-000.

    Applicants: Young Gas Storage Company, Ltd.

    Description: eTariff filing per 1430: Young Form 501-G Filing.

    Filed Date: 11/8/18.

    Accession Number: 20181108-5160.

    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-277-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: § 4(d) Rate Filing: Removal of Expired Agreements December 2018 to be effective 12/10/2018.

    Filed Date: 11/9/18.

    Accession Number: 20181109-5001.

    Comments Due: 5 p.m. ET 11/21/18.

    Docket Numbers: RP19-278-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Nov2018 Removal of Terminated Negotiated Rates to be effective 12/9/2018.

    Filed Date: 11/9/18.

    Accession Number: 20181109-5004.

    Comments Due: 5 p.m. ET 11/21/18.

    Docket Numbers: RP19-279-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Nov2018 Cleanup—Remove Terminated Negotiated Rates to be effective 12/9/2018.

    Filed Date: 11/9/18.

    Accession Number: 20181109-5005.

    Comments Due: 5 p.m. ET 11/21/18.

    Docket Numbers: RP19-280-000.

    Applicants: Spectra Energy Partners, LP.

    Description: Petition for Limited Waiver of Order No. 787, et al. of Spectra Energy Partners, LP under RP19-280.

    Filed Date: 11/8/18.

    Accession Number: 20181108-5207.

    Comments Due: 5 p.m. ET 11/20/18.

    Docket Numbers: RP19-281-000.

    Applicants: Northwest Pipeline LLC.

    Description: § 4(d) Rate Filing: Non-Conforming Service agreement Cascade No. 142548 to be effective 11/1/2018.

    Filed Date: 11/9/18.

    Accession Number: 20181109-5146.

    Comments Due: 5 p.m. ET 11/21/18.

    Docket Numbers: RP19-282-000.

    Applicants: Tallgrass Interstate Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Interactive Auction Procedures to be effective 12/9/2018.

    Filed Date: 11/9/18.

    Accession Number: 20181109-5163.

    Comments Due: 5 p.m. ET 11/21/18.

    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: November 13, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25137 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14775-001] Marine Renewable Energy Collaborative of New England; Notice of Intent To File License Application, Filing of Draft Application, Request for Waivers of Integrated Licensing Process Regulations Necessary for Expedited Processing of a Hydrokinetic Pilot Project License Application, and Soliciting Comments

    a. Type of Filing: Notice of Intent to File a License Application for an Original License for a Hydrokinetic Pilot Project.

    b. Project No.: 14775-001.

    c. Date Filed: November 6, 2018.

    d. Submitted By: Marine Renewable Energy Collaborative of New England (MRECo).

    e. Name of Project: Bourne Tidal Test Site.

    f. Location: On the Cape Cod Canal near the Town of Bourne, in Barnstable County, MA.

    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.

    h. Applicant Contact: John Miller, Director, Marine Renewable Energy Collaborative of New England, P.O. Box 479, Marion, MA 02738; (508) 728-5825.

    i. FERC Contact: John Ramer at (202) 502-8969 or email at [email protected].

    j. MRECo has filed the following pre-filing materials with the Commission: (1) A notice of intent (NOI) to file an application for an original license for a hydrokinetic pilot project and a draft license application with monitoring plans; (2) a request for waivers of the integrated licensing process regulations necessary for expedited processing of a hydrokinetic pilot project license application; (3) a proposed process plan and schedule; (4) a request to be designated as the non-federal representative for section 7 of the Endangered Species Act (ESA) consultation; and (5) a request to be designated as the non-federal representative for section 106 consultation under the National Historic Preservation Act.

    k. With this notice, we are soliciting comments on the pre-filing materials listed in paragraph j above, including the draft license application and monitoring plans. All comments should also be sent to the address above in paragraph h. In addition, all comments may be filed electronically via the internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's website 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] or toll free at 1-866-208-3676, or for TTY, (202) 502-8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Any individual or entity interested in submitting comments on the pre-filing materials must do so by December 20, 2018.

    l. With this notice, we are approving MRECo's request to be designated as the non-federal representative for section 7 of the ESA and its request to initiate consultation under section 106 of the National Historic Preservation Act; and recommending that it begin informal consultation with: (a) The U.S. Fish and Wildlife Service and the National Marine Fisheries Service as required by section 7 of ESA; and (b) the Massachusetts State Historic Preservation Officer, as required by section 106, National Historical Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2.

    m. With this notice, we are also asking federal, state, local, and tribal agencies with jurisdiction and/or expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in paragraph “k” above.

    n. This notice does not constitute the Commission's approval of MRECo's request to use the Pilot Project Licensing Procedures. Upon its review of the project's overall characteristics relative to the pilot project criteria, the draft license application contents, and any comments filed, the Commission will determine whether there is adequate information to conclude the pre-filing process.

    o. The proposed Bourne Tidal Test Site Project would consist of: (1) An existing turbine support platform mounted on two primary pilings that are spaced approximately 23 feet apart and embedded to a depth of 50 feet below the seabed, and that rise approximately 45-feet above the seabed; (2) a proposed horizontal, axial, open-bladed turbine having a 3-meter-diameter sweep area and an installed capacity of 100 kilowatts (other in-stream turbine-generators would also be tested at the site); (3) two proposed 500-foot-long, 13.2kilovolt transmission lines connecting the project turbine to a battery storage cabinet and to an interconnection with the regional grid; and (4) appurtenant facilities. The hydrokinetic project would have an estimated average annual generation of 100-megawatt hours.

    p. A copy of the draft license application and all pre-filing materials are 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 (P-14775), excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected] or toll free at 1-866-208-3676, or for TTY, (202) 502-8659.

    q. Pre-filing process schedule. The pre-filing process will be conducted pursuant to the following tentative schedule. Revisions to the schedule below may be made based on staff's review of the draft application and any comments received.

    Milestone Date Comments on pre-filing materials due December 20, 2018. Issuance of meeting notice (if needed) January 5, 2019. Public meeting/technical conference (if needed) February 5, 2019.

    r. 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: November 13, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25175 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-314-000] Bridgewater Power Company, L.P.; 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 Bridgewater Power Company, L.P.'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 December 3, 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: November 13, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25136 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RM19-6-000; AD19-7-000; AD19-8-000] Hydroelectric Licensing Regulations Under America's Water Infrastructure Act of 2018; Notice Establishing Schedule Pursuant to America's Water Infrastructure Act of 2018

    On October 23, 2018, the President signed America's Water Infrastructure Act of 2018 (Act) into law. In addition to amending part 1 of the Federal Power Act as it relates to certain aspects of preliminary permits, qualifying conduit hydropower facilities, and hydropower licenses, the Act directs the Federal Regulatory Commission (FERC or Commission) to:

    (1) Issue a rule not later than 180 days after the date of enactment of the Act, establishing an expedited process for issuing and amending licenses for qualifying facilities at existing nonpowered dams that will seek to ensure a final decision by the Commission on an application for a license no later than two years after receipt of a completed application;

    (2) With the Secretary of the Army, the Secretary of the Interior, and the Secretary of Agriculture, jointly develop a list of existing nonpowered Federal dams that the Commission and the Secretaries agree have the greatest potential for non-Federal hydropower development, and make the list available to the public and provide the list to certain Committees of the House of Representatives and the Senate not later than 12 months after the date of enactment of the Act;

    (3) Issue a rule not later than 180 days after the date of enactment of the Act, establishing an expedited process for issuing and amending licenses for closed-loop pumped storage projects that will seek to ensure a final decision by the Commission on an application for a license by no later than two years after receipt of a completed application; and

    (4) Hold a workshop not later than six months after the date of enactment of the Act to explore potential opportunities for development of closed-loop pumped storage projects at abandoned mine sites, and issue guidance no later than one year after the date of enactment of the Act to assist applicants for licenses or preliminary permits for closed-loop pumped storage projects at abandoned mine sites.

    In establishing the expedited processes for issuing and amending licenses for qualifying facilities at existing nonpowered dams and closed-loop pumped storage projects, sections 3003 and 3004 of the Act require the Commission to convene an interagency task force (ITF), with appropriate federal and state agencies and Indian tribes represented, to coordinate the regulatory processes associated with the authorizations required to construct and operate these projects. By concurrent notice, the Commission has invited federal and state agencies and Indian tribes to request participation on the ITF by filing a statement of interest with the Commission by November 29, 2018.

    The Commission has established three dockets in order to implement the requirements of the Act: RM19-6-000 (Licensing Regulations under America's Water Infrastructure Act of 2018); AD19-7-000 (Nonpowered Dams List); and AD19-8-000 (Closed-loop Pumped Storage Projects at Abandoned Mines Guidance).

    Because the Act requires the Commission to issue a rule establishing the expedited licensing processes not later than 180 days after the date of enactment of the Act, the Commission has established a schedule with abbreviated deadlines. The schedule, which is subject to change, is included below.

    November 29, 2018 Deadline for federal and state agencies and Indian tribes to file a statement requesting participation on the ITF. December 12, 2018 Commission staff will hold coordination session for the ITF to discuss proposals for the expedited licensing processes. January/February 2019 Commission staff will issue a Notice of Proposed Rulemaking (NOPR) for the expedited licensing processes. February 2019 Commission staff will hold a workshop for closed-loop pumped storage project at abandoned mine sites. March 2019 NOPR public comment period will close. April 2019 Commission will issue final rule for expedited processes. April 2019 Commission staff will provide applicable federal agencies, including the Secretaries of Army, Interior, and Agriculture, Commission staff's draft list of existing nonpowered federal dams having the greatest potential for non-Federal hydropower development. August 2019 Commission staff will issue the final nonpowered Federal dams list. September 2019 Commission staff will issue guidance for closed-loop pumped storage projects at abandoned mine sites.

    For more information about this notice, please contact:

    Shana Wiseman (RM19-6-000), Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 502-8736, [email protected]. Kim Nguyen (AD19-7-000), Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 502-6105, [email protected]. Monir Chowdhury (AD19-8-000), Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 502-6736, [email protected]. Dated: November 13, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25177 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RC11-6-008] North American Electric Reliability Corporation; Notice of Filing

    Take notice that on November 1, 2018, the North American Electric Reliability Corporation submitted an annual report on Find, Fix, Track and Report and Compliance Exception programs, in accordance with the Federal Energy Regulatory Commission's (Commission) Orders.1

    1North American Electric Reliability Corp, 143 FERC ¶ 61,253 (2013); North American Electric Reliability Corp, 148 FERC ¶ 61,214 (2014); North American Electric Reliability Corp, Docket No. RC11-6-004 (Nov. 13, 2015) (delegated letter order).

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the 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.

    Comment Date: 5:00 p.m. Eastern Time on November 28, 2018.

    Dated: November 13, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25176 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2197-128] Cube Yadkin Generation, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Application Type: Shoreline Management Plan.

    b. Project No: 2197-128.

    c. Date Filed: September 25, 2018.

    d. Applicant: Cube Yadkin Generation, LLC.

    e. Name of Project: Yadkin Hydroelectric Project.

    f. Location: The Yadkin and Pee Dee rivers in Stanly, Davidson, Montgomery, Rowan, and Davie counties, North Carolina.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Mark Gross, Cube Hydro Carolinas, LLC, 293 Highway 740, Badin, NC 28009-0575, (704) 422-5774.

    i. FERC Contact: Mark Carter, (678) 245-3083, [email protected].

    j. Deadline for filing comments, motions to intervene, and protests: December 13, 2018.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket number P-2197-128. Comments emailed to Commission staff are not considered part of the Commission record.

    The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. Description of Request: As required by Article 407 of the September 22, 2016 license, Cube Yadkin Generation, LLC (licensee) requests Commission approval of a revised shoreline management plan (SMP) for the project. The SMP describes land uses and environmental resources at the project, describes the licensee's shoreline development permitting and shoreline stewardship provisions, and includes various maps (e.g., land use classifications, environmental resource maps, etc.) to support its permitting processes.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE, Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also 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. 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, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor 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 385.2010.

    Dated: November 13, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25174 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM19-6-000] Hydroelectric Licensing Regulations Under America's Water Infrastructure Act of 2018; Notice Inviting Federal and State Agencies and Indian Tribes To Request Participation in the Interagency Task Force Pursuant to America's Water Infrastructure Act of 2018

    On October 23, 2018, the President signed America's Water Infrastructure Act of 2018 (Act) into law. Sections 3003 and 3004 of the Act require the Federal Energy Regulatory Commission to issue rules establishing expedited processes for issuing and amending licenses for qualifying facilities at existing nonpowered dams and for closed-loop pumped storage projects. The processes must seek to ensure a final decision by the Commission on an application for a license by no later than two years after receipt of a completed application. These sections also require the Commission to convene an interagency task force (ITF) to coordinate the regulatory processes associated with the authorizations required in connection with the new processes. Because of the Congressionally-mandated deadline, participation in the ITF will be time sensitive.

    The Commission invites federal and state agencies and Indian tribes to request participation on the ITF. Federal and state agencies and Indian tribes who wish to participate on the ITF must file a statement of interest with the Commission by November 29, 2018. The statement of interest should include the following information: The name of the agency or tribe; the name, title, phone number, and email address of the contact person; a brief explanation of the agency's or tribe's interest in joining the ITF; and a brief description of the agency's or tribe's experience with hydropower license proceedings.

    In light of the Congressionally-mandated deadline and in the interest of facilitating an efficient and effective discussion, Commission staff will select a representative group of federal agencies, state agencies, and Indian tribes to participate on the ITF. The Commission will directly notify the agencies and tribes selected to participate on the ITF. Commission staff plans to hold a coordination session for ITF participants, which is scheduled for December 12, 2018. By concurrent notice, the Commission has established a schedule in order to implement the requirements of the Act.

    The Commission strongly encourages electronic filing. Please file ITF-interest statements in Docket No. RM19-6-000 using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket RM19-6-000.

    For more information about this notice, please contact: Shana Wiseman, Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 502-8736, [email protected]

    Dated: November 13, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25139 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12611-009] Verdant Power, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing Process

    a. Type of Application: Notice of Intent to File License Application and Request to Use the Traditional Licensing Process.

    b. Project No.: 12611-009.

    c. Date filed: August 31, 2018.

    d. Submitted by: Verdant Power, LLC.

    e. Name of Project: Roosevelt Island Tidal Energy Project.

    f. Location: On the East River in New York City, New York. No federal lands are occupied by the project works or located within the project boundary.

    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.

    h. Potential Applicant Contact: Mr. Ronald F. Smith, President, Verdant Power, LLC, 20 River Road, Suite 20C, Roosevelt Island, New York, NY 10044, Phone: (703) 328-6842, Email: [email protected].

    i. FERC Contact: Andy Bernick, Phone: (202) 502-8660, Email: [email protected].

    j. Verdant Power, LLC filed a request to use the Traditional Licensing Process on August 31, 2018 and provided public notice of its request on September 28, 2018. In a letter dated November 13, 2018, the Director of the Division of Hydropower Licensing approved Verdant Power, LLC's request to use the Traditional Licensing Process.

    k. With this notice, we are initiating informal consultation with the U.S. Fish and Wildlife Service and/or 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 New York State Historic Preservation Office, 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.

    l. With this notice, we are designating Verdant Power, LLC as the Commission's non-federal representative for carrying out informal consultation pursuant to section 7 of the Endangered Species Act and consultation pursuant to section 106 of the National Historic Preservation Act.

    m. Verdant Power, 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.

    n. 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 h.

    o. The licensee states its unequivocal intent to submit an application for a subsequent license for Project No. 12611. Pursuant to 18 CFR 16.8, 16.9, and 16.10 each application for a subsequent 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 license for this project must be filed by December 31, 2019.

    p. 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: November 13, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25178 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.

    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.

    Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.

    Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v).

    The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for electronic review at the Commission in the Public Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

    Docket No. File date Presenter or requester Prohibited: 1. CP17-117-000, CP17-118-000 10-26-2018 DeWanna Tarver. Exempt: 1. CP17-117-000, CP17-118-000 10-25-2018 State of Louisiana Representative Taylor F. Barras. 2. CP17-117-000, CP17-118-000 10-30-2018 Ralph Abraham, M.D. 3. CP17-117-000, CP17-118-000 11-1-2018 U.S. Senator John Kennedy. 4. CP17-117-000, CP17-118-000 11-1-2018 U.S. Congressman Bob Gibbs. 5. CP17-117-000, CP18-118-000 11-1-2018 U.S. Congressmen.1 6. CP17-117-000, CP18-118-000 11-1-2018 U.S. Senator Bill Cassidy, M.D. 7. CP17-117-000, CP17-118-000 11-6-2018 State of Louisiana Governor John Bel Edwards. 8. CP17-117-000, CP17-118-000 11-6-2018 State of Louisiana Attorney General Jeff Landry. 9. CP17-117-000, CP17-118-000 11-7-2018 U.S. Congressman Pete Olson. 9. CP17-117-000, CP17-118-000 11-8-2018 U.S. Congress.2 1 Congressmen Gene Green and Vicente Gonzalez. 2 House Representatives Clay Higgins and Steve Scalise. Dated: November 13, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25138 Filed 11-16-18; 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: EC19-25-000.

    Applicants: Sunwave USA Holdings, Inc., Sunwave Gas & Power New York, Inc.

    Description: Application for Authorization Under Section 203 of the Federal Power Act, et al. of Sunwave USA Holdings, Inc., et al.

    Filed Date: 11/9/18.

    Accession Number: 20181109-5189.

    Comments Due: 5 p.m. ET 11/30/18.

    Docket Numbers: EC19-26-000.

    Applicants: Buckleberry Solar, LLC.

    Description: Application for Authorization Under Section 203 of the Federal Power Act, et al. of Buckleberry Solar, LLC.

    Filed Date: 11/9/18.

    Accession Number: 20181109-5192.

    Comments Due: 5 p.m. ET 11/30/18.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG19-19-000.

    Applicants: Marengo Energy Storage.

    Description: Notice of Self-Certification of Marengo Energy Storage.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5048.

    Comments Due: 5 p.m. ET 12/4/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2762-001.

    Applicants: Linde Energy Services, Inc.

    Description: Notice of Non-Material Change in Status of Linde Energy Services, Inc.

    Filed Date: 11/9/18.

    Accession Number: 20181109-5180.

    Comments Due: 5 p.m. ET 11/30/18.

    Docket Numbers: ER10-2906-011; ER10-2908-011; ER10-2910-011; ER11-4393-006; ER11-4669-005; ER11-4670-005; ER12-709-004.

    Applicants: Morgan Stanley Capital Group Inc., MS Solar Solutions Corp., Power Contract Financing II, L.L.C., TAQA Gen X LLC, NaturEner Montana Wind Energy, LLC, NaturEner Power Watch, LLC, NaturEner Wind Watch, LLC.

    Description: Notice of Change in Status of the Morgan Stanley Public Utilities, et al.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5212.

    Comments Due: 5 p.m. ET 12/4/18.

    Docket Numbers: ER11-1858-007.

    Applicants: NorthWestern Corporation.

    Description: Erratum to June 26, 2018 Triennial Market Power Analysis for the Southwest Power Pool Region of NorthWestern Corporation.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5182.

    Comments Due: 5 p.m. ET 12/4/18.

    Docket Numbers: ER18-622-004.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing: 2018-11-13 Compliance filing to Order 831 Offer Caps to be effective 12/31/9998.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5037.

    Comments Due: 5 p.m. ET 12/4/18.

    Docket Numbers: ER18-2140-000.

    Applicants: Persimmon Creek Wind Farm 1, LLC.

    Description: Report Filing: Refund Report Filing to be effective N/A.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5187.

    Comments Due: 5 p.m. ET 12/4/18.

    Docket Numbers: ER19-328-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2018-11-13_Operating Reserve Demand Curve revisions related to Order 831 to be effective 12/31/9998.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5046.

    Comments Due: 5 p.m. ET 12/4/18.

    Docket Numbers: ER19-329-000.

    Applicants: AEP Texas Inc.

    Description: § 205(d) Rate Filing: AEPTX-Shakes Solar Interconnection Agreement to be effective 10/26/2018.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5207.

    Comments Due: 5 p.m. ET 12/4/18.

    Docket Numbers: ER19-330-000.

    Applicants: AEP Texas Inc.

    Description: § 205(d) Rate Filing: AEPTX-Taygete Energy Project Interconnection Agreement to be effective 10/26/2018.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5210.

    Comments Due: 5 p.m. ET 12/4/18.

    Docket Numbers: ER19-331-000.

    Applicants: San Diego Gas & Electric Company.

    Description: § 205(d) Rate Filing: SDGE JVR Energy Park Service Agreement 58 Vol. 11 E&P Agreement to be effective 11/14/2018.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5230.

    Comments Due: 5 p.m. ET 12/4/18.

    Docket Numbers: ER19-332-000.

    Applicants: El Segundo Power, LLC.

    Description: Tariff Cancellation: Notice of Cancellation to be effective 11/14/2018.

    Filed Date: 11/13/18.

    Accession Number: 20181113-5276.

    Comments Due: 5 p.m. ET 12/4/18.

    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: November 13, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25135 Filed 11-16-18; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2007-0269; FRL-9986-70-OAR] Proposed Information Collection Request; Comment Request; Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs and Projects, EPA ICR No. 2130.06, OMB Control No. 2060-0561 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency is planning to submit an information collection request (ICR), “Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs, and Projects” (EPA ICR No. 2130.06, OMB Control No. 2060-0561), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR.

    DATES:

    Comments must be submitted on or before January 18, 2019.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2007-0269 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.

    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:

    Astrid Terry, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734-214-4812; email address: [email protected].

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that 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 https://www.epa.gov/dockets.

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) 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; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) 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. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: Transportation conformity is required under Clean Air Act section 176(c) (42 U.S.C. 7506(c)) to ensure that federally supported transportation activities are consistent with (“conform to”) the purpose of the state air quality implementation plan (SIP). Transportation activities include transportation plans, transportation improvement programs (TIPs), and federally funded or approved highway or transit projects. Conformity to the purpose of the SIP means that transportation activities will not cause or contribute to new air quality violations, worsen existing violations, or delay timely attainment of the relevant national ambient air quality standards (NAAQS or “standards”) or interim milestones.

    Transportation conformity applies under EPA's conformity regulations at 40 CFR parts 51 and 93, subpart A, to areas that are designated nonattainment, and those redesignated to attainment after 1990 (“maintenance areas” with plans developed under Clean Air Act section 175A) for the following transportation-related criteria pollutants: Ozone, particulate matter (PM2.5 and PM10), carbon monoxide (CO), and nitrogen dioxide (NO2). EPA published the original transportation conformity rule on November 24, 1993 (58 FR 62188), and subsequently published several revisions. EPA develops the conformity regulations in coordination with the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA).

    Transportation conformity determinations are required before federal approval or funding is given to certain types of transportation planning documents as well as non-exempt highway and transit projects.1

    1 Some projects are exempt from all or certain conformity requirements; see 40 CFR 93.126, 93.127, and 93.128.

    EPA considered the following in renewing the existing ICR:

    • Burden estimates for transportation conformity determinations (including both regional and project-level) in current nonattainment and maintenance areas for the ozone, PM2.5, PM10, and CO NAAQS;

    • Federal burden associated with EPA's adequacy review process for submitted SIP motor vehicle emissions budgets that are to be used in conformity determinations;

    • Efficiencies in areas making conformity determinations for multiple NAAQS;

    • Differences in conformity resource needs in large and small metropolitan areas and isolated rural areas;

    • Reduced burden from areas no longer determining conformity for the 1997 PM2.5 NAAQS due to revocation; 2

    2 See 81 FR 58010 (published on August 24, 2016 and effective October 24, 2016).

    • Reduced burden from areas completing 20 years of maintenance for PM10, NO2 and CO NAAQS, at which time transportation conformity is no longer required; and,

    • Increased burden due to areas being designated as nonattainment for the 2015 ozone NAAQS.3

    3 See 83 FR 25776 (effective August 3, 2018) and 83 FR 35136 (effective September 24, 2018) for San Antonio, Texas.

    This ICR does not include burden associated with the general development of transportation planning and air quality planning documents for meeting other federal requirements.

    Form Numbers: None.

    Respondents/affected entities: Entities potentially affected by this action are metropolitan planning organizations (MPOs), state departments of transportation, local transit agencies, and state and local air quality agencies. Federal agencies potentially affected by this action include FHWA, FTA, and EPA.

    Respondent's obligation to respond: Mandatory pursuant to Clean Air Act section 176(c) (42 U.S.C. 7506(c)) and 40 CFR parts 51 and 93.

    Estimated number of respondents: EPA estimates that 109 MPOs will be subject to transportation conformity requirements during the period covered by this ICR and that EPA Regional Offices, the FHWA, and FTA will be involved in interagency consultation, and review of transportation-related conformity determinations performed by MPOs during this process. EPA also estimates that similar consultation will occur for projects in isolated rural areas.

    Frequency of response: The information collections described in this ICR must be completed before a transportation plan, TIP, or project conformity determination is made. The Clean Air Act requires conformity to be determined for transportation plans and TIPs every four years. Conformity determinations on projects in metropolitan and isolated rural areas are required on an as-needed basis.

    Total estimated burden: 35,344 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $2,247,525 (per year), includes zero annualized capital or operation and maintenance costs.

    Changes in estimates: There is a decrease of 15,214 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This decrease is due to less burden associated with decreased conformity analyses for PM10, CO, 1997 PM2.5, and NO2 NAAQS and a decrease in burden over the previous ICR for reduced emissions model transition and training burden.

    Dated: November 8, 2018. Karl Simon, Director, Transportation and Climate Division, Office of Transportation and Air Quality, Office of Air and Radiation.
    [FR Doc. 2018-25188 Filed 11-16-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [GN Docket No. 17-83] Meeting of the Broadband Deployment Advisory Committee AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice. 17-83.

    SUMMARY:

    In this document, the FCC announces and provides an agenda for the next meeting of Broadband Deployment Advisory Committee (BDAC).

    DATES:

    Thursday, December 6, 2018 and Friday, December 7, 2018. The meeting will come to order at 9:00 a.m. each day.

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW, Room TW-C305, Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Paul D'Ari, Designated Federal Authority (DFO) of the BDAC, at [email protected] or 202-418-1550; Jiaming Shang, Deputy DFO of the BDAC, at [email protected] or 202-418-1303; or Deborah Salons, Deputy DFO of the BDAC, at [email protected] or 202-418-0637. The TTY number is: (202) 418-0484.

    SUPPLEMENTARY INFORMATION:

    This meeting is open to members of the general public. The FCC will accommodate as many participants as possible; however, admittance will be limited to seating availability. The FCC will also provide audio and/or video coverage of the meeting over the internet from the FCC's web page at www.fcc.gov/live. Oral statements at the meeting by parties or entities not represented on the BDAC will be permitted to the extent time permits, at the discretion of the BDAC Chair and the DFO. Members of the public may submit comments to the BDAC in the FCC's Electronic Comment Filing System, ECFS, at www.fcc.gov/ecfs. Comments to the BDAC should be filed in Docket 17-83.

    Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Such requests should include a detailed description of the accommodation needed. In addition, please include a way for the FCC to contact the requester if more information is needed to fill the request. Please allow at least five days' advance notice; last minute requests will be accepted but may not be possible to accommodate.

    Proposed Agenda: At this meeting, the BDAC will continue considering and will vote on the Model Code for States, and it will hear a status report from the Disaster Response and Recovery Working Group. This agenda may be modified at the discretion of the BDAC Chair and the Designated Federal Officer (DFO).

    Federal Communications Commission. Daniel Kahn, Chief, Competition Policy Division, Wireline Competition Bureau.
    [FR Doc. 2018-25102 Filed 11-16-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [DA 18-1108] Incentive Auction Task Force and Media Bureau Announce Settlement Opportunity for Mutually Exclusive Displacement Applications Filed During the Special Displacement Window AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    In this document, the Federal Communications Commission's Incentive Auction Task Force and Media Bureau announce that certain displacement applications filed during the Special Displacement Window by low power television, TV translator, and analog-to-digital replacement translator stations that were displaced by the incentive auction and repacking process were deemed to be mutually exclusive. The document provides a list of mutually exclusive applications and announces a settlement period opening October 30, 2018 and closing January 10, 2019 at 11:59 p.m. ET.

    DATES:

    The settlement period will open October 30, 2018 and close on January 10, 2019 at 11:59 p.m. ET.

    FOR FURTHER INFORMATION CONTACT:

    Shaun Maher, Video Division, Media Bureau, Federal Communications Commission, [email protected], (202) 418-2324, or Hossein Hashemzadeh (technical), [email protected], (202) 418-1658.

    SUPPLEMENTARY INFORMATION:

    On February 9, 2018, the Incentive Auction Task Force and the Media Bureau announced a displacement application filing window for low power television (LPTV), TV translator, and analog-to-digital replacement translator (DRT) stations (referred to collectively as “LPTV/translator stations”) that were displaced by the incentive auction and repacking process (Special Displacement Window). The filing window was open from April 10, 2018, through June 1, 2018. The Commission received over 2,100 displacement applications during the Special Displacement Window.

    Appendix A of document DA 18-1108 lists all displacement applications received in the Special Displacement Window that are mutually exclusive with other applications. Parties with applications in the mutually exclusive groups listed in Appendix A may resolve their mutual exclusivity by unilateral engineering amendment, legal settlement, or engineering settlement during a settlement period beginning today, October 30, 2018, and ending at 11:59 p.m. ET, January 10, 2019.

    The applications listed in Appendix A are subject to the Commission's competitive bidding procedures unless their mutual exclusivity is resolved. The Media Bureau will withhold further action on the mutually exclusive proposals listed in Appendix A pending submission of settlement agreements or engineering amendments to resolve mutual exclusivity prior to the close of the settlement period. Thereafter, the Wireless Telecommunications and Media Bureaus will announce an auction date and propose auction procedures for the remaining mutually exclusive applications.

    Unilateral Engineering Amendments. Applicants may resolve their mutual exclusivity by filing an engineering amendment to their application. An amendment that does not implicate the application of another station may be filed by the station during the settlement period without coordination with any other entity. All such amendments must be submitted by filing an amended FCC Form 2100—Schedule C in the Media Bureau's Licensing and Management System (LMS) by 11:59 p.m. ET on January 10, 2019. Engineering amendments submitted by applicants to unilaterally resolve their mutual exclusivity must be minor, as defined by the applicable rules, and must not create new mutual exclusivities or application conflicts.

    Legal Settlements. Applicants may also resolve their mutual exclusivity through a legal settlement that provides for the dismissal of one or more of the application(s) in their mutually exclusive group. Such agreements must be submitted for Commission approval. Parties submitting a legal settlement for approval must ensure that their agreements comply with the provisions of Section 311(c) of the Communications Act of 1934, as amended, and the pertinent requirements of Section 73.3525 of the Commission's rules, including, inter alia, the settlement reimbursement restrictions. Parties filing a request for approval of settlement agreement must include a copy of their agreement and: (1) A statement outlining the reasons why such agreement is in the public interest; (2) a statement that each party's application was not filed for the purpose of reaching or carrying out such agreement; (3) a certification that neither the dismissing applicant nor its principals has received any money or other consideration in excess of the legitimate and prudent expenses of the applicant; (4) a statement outlining the exact nature and amount of any consideration paid or promised; (5) an itemized accounting of the expenses for which it seeks reimbursement; and (6) the terms of any oral agreement relating to the dismissal or withdrawal of its application.

    Requests for approval of settlement agreement and the above-outlined documents required by Section 73.3525 must be submitted in the form of an amendment to each party's pending application in LMS by 11:59 p.m. ET on January 10, 2019.

    Engineering Settlements. Applicants may also enter into a settlement agreement to resolve their mutual exclusivity by means of an engineering solution. As with unilateral engineering amendments, engineering amendments submitted in conjunction with a settlement must be minor, as defined by the applicable rules, and must not create new mutual exclusivities or application conflicts. Such settlements may include proposing channel sharing as means to resolve their mutual exclusivity. Engineering settlement agreements must also be filed with the Commission for approval and must include the documentation required by Section 73.3525 outlined above.

    Requests for approval of engineering settlement agreements, accompanying documentation, and corresponding technical amendments must be submitted in the form of an amendment to each party's pending application in LMS by 11:59 p.m. ET on January 10, 2019. In the case of channel sharing settlements, the proposed sharee station shall file to modify its current license, specifying the technical parameters in the proposed host station's displacement application and request that its displacement application be dismissed upon grant of the channel sharing.

    In the case of legal and engineering settlements, the parties should endeavor, wherever possible, to resolve their mutual exclusivity through minor engineering amendments, as defined by the applicable rules. However, applicants that are unable to resolve their mutual exclusivity through a minor engineering amendment may, as part of their legal or engineering settlement, amend their application(s) to propose a new available channel. The new channel proposal may not create a new mutual exclusivity or conflict with any other application previously-filed in the Special Displacement Window.

    Federal Communications Commission. Barbara Kreisman, Chief, Video Division, Media Bureau.
    [FR Doc. 2018-25109 Filed 11-16-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meeting FEDERAL REGISTER CITATION NOTICE OF PREVIOUS ANNOUNCEMENT:

    83 FR 56844.

    PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:

    Wednesday, November 14, 2018 at 10:00 a.m.

    CHANGES IN THE MEETING:

    The meeting was continued on Thursday, November 15, 2018.

    CONTACT PERSON FOR MORE INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Laura E. Sinram, Deputy Secretary of the Commission.
    [FR Doc. 2018-25337 Filed 11-15-18; 4:15 pm] BILLING CODE 6715-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than December 14, 2018.

    A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566. Comments can also be sent electronically to [email protected]:

    1. Buckeye State Bancshares, Inc., Powell, Ohio; to become a bank holding company by acquiring 100 percent of the outstanding voting shares of Buckeye State Bank, Powell, Ohio.

    Board of Governors of the Federal Reserve System, November 13, 2018. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2018-25086 Filed 11-16-18; 8:45 am] BILLING CODE P
    GENERAL SERVICES ADMINISTRATION [Notice-PBS-2018-11; Docket No. 2018-0002; Sequence No. 27] Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Proposed U.S. Department of Homeland Security (DHS) Headquarters Consolidation at St. Elizabeths Master Plan Amendment #2 AGENCY:

    National Capital Region, Public Buildings Service U.S. General Services Administration (GSA).

    ACTION:

    Notice of intent to prepare a Supplemental Environmental Impact Statement.

    SUMMARY:

    GSA plans to prepare a Supplemental Environmental Impact Statement (SEIS) for the proposed Master Plan Amendment to support the continued consolidation of the U.S. Department of Homeland Security (DHS) Headquarters at the St. Elizabeths West Campus, pursuant to the requirements of the National Environmental Policy Act (NEPA), Council on Environmental Quality regulations, and with Section 106 of the National Historic Preservation Act (NHPA) in accordance with 36 CFR part 800.8

    DATES:

    Applicable: Monday, November 5, 2018.

    The public scoping meeting date is: Thursday, November 29, 2018, from 6:30 p.m. to 8:30 p.m., Eastern Daylight Time (EDT).

    ADDRESSES:

    R.I.S.E Demonstration Center, 1730 Martin Luther King Jr. Avenue SE, Washington, DC, 20032.

    FOR FURTHER INFORMATION CONTACT:

    Paul Gyamfi, GSA, National Capital Region, Office of Planning and Design Quality, at 202-690-9252. Please contact Mr. Gyamfi if special assistance is needed to attend and participate in the scoping meeting.

    SUPPLEMENTARY INFORMATION:

    GSA intends to prepare a SEIS to analyze the potential impacts resulting from the proposed Master Plan Amendment #2 to support the DHS Headquarters consolidation at the St. Elizabeths West Campus.

    Background

    In 2008 and in 2012, GSA completed Environmental Impact Statements that analyzed the impacts from the development of 4.5 million square feet of secure office space, plus parking, in the District of Columbia to support the consolidated headquarters of the DHS on the St. Elizabeths East and West Campuses. GSA is preparing a SEIS to assess the impacts of development of the consolidated headquarters on the West Campus of St. Elizabeths. The proposed action is needed to improve efficiency, reflect the current condition of the historic buildings, reduce costs, and accelerate completion of the DHS consolidation. Previous St. Elizabeths Master Plans and Environmental Impact Statements are available for review at http://stelizabethsdevelopment.com/nepa.html.

    Alternatives Under Consideration

    GSA will analyze a range of alternatives (including the no action alternative) for the proposed Master Plan Amendment #2 of the DHS Headquarters at St. Elizabeths. This Master Plan Amendment will focus on development options to efficiently house DHS and its operating components on the St Elizabeths West Campus.

    Scoping Process

    A scoping process will be conducted to aid in determining the alternatives to be considered and the scope of issues to be addressed, for identifying the significant issues related to the proposed Master Plan Amendment, in accordance with NEPA and NHPA.

    Public Scoping Meeting

    A public scoping meeting will be held on Thursday, November 29, 2018, from 6:30 p.m. to 8:30 p.m., EDT at the R.I.S.E Demonstration Center, 1730 Martin Luther King Jr. Avenue SE, Washington, DC 20032. The meeting will be an informal open house where meeting participants may receive information, and give comments. GSA is publishing notices in the Washington Post, Afro-American, and the Washington Informer newspapers announcing the meeting.

    Written Comments

    Interested parties are encouraged to provide written comments on the SEIS and Section 106 processes. The scoping period begins on November 19, 2018 and ends on December 19, 2018. Comments received during the scoping period will be considered in the analyses to be conducted for the SEIS. Written comments regarding the SEIS must be postmarked no later than December 19, 2018, and sent to the following address: Mr. Paul Gyamfi, Office of Planning and Design Quality, Public Buildings Service, National Capital Region, U.S. General Services Administration, 301 7th Street SW, Suite 4004, Washington, DC, 20407; or by email: [email protected] using the subject line: St. Elizabeths Master Plan Amendment #2. All emails must be received by 11:59 p.m. December 19, 2018.

    Dated: November 7, 2018. Kristi Tunstall Williams, Deputy Director, Office of Planning and Design Quality, Public Buildings Service, National Capital Region, U.S. General Services Administration.
    [FR Doc. 2018-25207 Filed 11-16-18; 8:45 am] BILLING CODE 6820-YI-P
    GENERAL SERVICES ADMINISTRATION [Notice PBS-2018-12; Docket No. 2018-0002; Sequence No. 31] Notice of Availability and Announcement of Public Meeting for the Draft Environmental Assessment for the Edward J. Schwartz Federal Building Structural Enhancements Project in San Diego, California AGENCY:

    Public Buildings Service (PBS), General Services Administration (GSA).

    ACTION:

    Notice of availability; announcement of public meeting.

    SUMMARY:

    This notice announces the availability, and opportunity for public review and comment, of a Draft Environmental Assessment (EA), which examines the potential impacts of a proposal by GSA to provide structural enhancement improvements to the existing Edward J. Schwartz Federal Building and United States Courthouse. The Draft EA describes the reason the project is being proposed; the alternatives being considered; the potential impacts of each of the alternatives on the existing environment; and the proposed avoidance, minimization, and/or mitigation measures related to those alternatives.

    DATES:

    A public meeting for the Draft EA will be held on Wednesday, November 28, 2018, from 4:00 p.m. to 7:00 p.m., Pacific Standard Time. Interested parties are encouraged to attend and provide written comments on the Draft EA.

    The comment period for the Draft EA ends on December 17, 2018.

    ADDRESSES:

    The public meeting will be held at 704 J Street, San Diego, California, 92101. Further information, including an electronic copy of the Draft EA, may be found online on the following website: https://www.gsa.gov/about-us/regions/welcome-to-the-pacific-rim-region-9/buildings-and-facilities/california/edward-j-schwartz-federal-office-building#CurrentProjects. Questions or comments concerning the Draft EA should be directed to: Osmahn Kadri, Regional Environmental Quality Advisor/NEPA Project Manager, 50 United Nations Plaza, 3345, Mailbox #9, San Francisco, CA, 94102, or via email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Osmahn Kadri, Regional Environmental Quality Advisor/NEPA Project Manager, GSA, at 415-522-3617. Please also call this number if special assistance is needed to attend and participate in the public meeting.

    SUPPLEMENTARY INFORMATION: Background

    The Project is proposed in order to improve structural safety for the public traveling underneath the building and for the tenants occupying the building above the Front Street underpass, located at 8800 Front Street in San Diego, California. The portion of Front Street that extends below the Schwartz FOB is referred to as the Front Street underpass. The existing building has five stories of federal office building space spanning above the roadway and two levels of parking structure beneath the roadway.

    The EA will consider one Action Alternative and one No Action Alternative. The Action Alternative would consist of structural enhancement improvements to the portion of the existing Edward J. Schwartz Federal Building over Front Street between E and F streets. Existing columns and beams supporting the building at the Front Street underpass would be reinforced with new steel beams and column support structures and pre-cast concrete paneling. Construction would require full and partial closure of Front Street between Broadway and F Street. Street closure options during construction of the Action Alternative are being considered and a comprehensive Traffic Control Plan will be prepared to address the street closure.

    The No Action Alternative assumes that structural enhancements to the existing building would not occur.

    Public Meeting

    The public meeting will be conducted in open house format, where project information will be presented and distributed. Comments must be received by December 17, 2018, and emailed to [email protected], or sent to the address listed above.

    Dated: November 8, 2018. Matthew Jear, Director, Portfolio Management Division, Pacific Rim Region, Public Buildings Service.
    [FR Doc. 2018-25220 Filed 11-16-18; 8:45 am] BILLING CODE 6820-YF-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Board of Scientific Counselors, National Center for Injury Prevention and Control (BSC NCIPC); Correction

    Notice is hereby given of a change in the meeting of the Board of Scientific Counselors, National Center for Injury Prevention and Control (BSC NCIPC; December 12, 2018, 9:00 a.m. to 4:30 p.m., EST, which was published in the Federal Register on November 2, 2018 Volume 83, Number 213, page 55171.

    The registration information should read as follows: Due to the limited availability of phone line ports, we are encouraging the pubic to please register using the link provided: https://www.surveymonkey.com/r/JR6LJX7.

    FOR FURTHER INFORMATION CONTACT:

    Gwendolyn H. Cattledge, Ph.D., M.S.E.H., Deputy Associate Director for Science, NCIPC, CDC, 4770 Buford Highway NE, Mailstop F-63, Atlanta, GA 30341, Telephone (770) 488-1430. Email address: [email protected]

    The Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Sherri Berger, Chief Operating Officer, Centers for Disease Control and Prevention.
    [FR Doc. 2018-25133 Filed 11-16-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry (BSC, NCEH/ATSDR) AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, the CDC announces the following meeting for the Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry (BSC, NCEH/ATSDR). This meeting is open to the public, limited only by available seating. The meeting room accommodates approximately 60 people. The public is also welcome to listen to the meeting by calling 800-619-8521, passcode 7019704, limited by 100 lines. The deadline for notification of attendance is December 3, 2018. The public comment period is scheduled on December 12, 2018 from 2:30 p.m. until 2:45 p.m., EST and December 13, 2018 from 10:10 a.m. until 10:25 a.m., EST. Individuals wishing to make a comment during Public Comment period, please email your name, organization, and phone number by November 30, 2018 to Amanda Malasky at [email protected]

    DATES:

    The meeting will be held on December 12, 2018, 8:30 a.m. to 4:00 p.m., EST and December 13, 2018, 8:30 a.m. to 11:30 a.m., EST.

    ADDRESSES:

    Centers for Disease Control and Prevention, 4770 Buford Highway, Atlanta, Georgia 30341-3717 (Building 106, Conference Room 1B).

    FOR FURTHER INFORMATION CONTACT:

    Shirley Little, Program Analyst, NCEH/ATSDR, CDC, 4770 Buford Highway, Mailstop F-45, Atlanta, Georgia 30341-3717, Telephone (770) 488-0577; Email [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose: The Secretary, Department of Health and Human Services (HHS) and by delegation, the Director, CDC and Administrator, NCEH/ATSDR, are authorized under Section 301 (42 U.S.C. 241) and Section 311 (42 U.S.C. 243) of the Public Health Service Act, as amended, to: (1) Conduct, encourage, cooperate with, and assist other appropriate public authorities, scientific institutions, and scientists in the conduct of research, investigations, experiments, demonstrations, and studies relating to the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and other impairments; (2) assist states and their political subdivisions in the prevention of infectious diseases and other preventable conditions and in the promotion of health and wellbeing; and (3) train state and local personnel in health work. The BSC, NCEH/ATSDR provides advice and guidance to the Secretary, HHS; the Director, CDC and Administrator, ATSDR; and the Director, NCEH/ATSDR, regarding program goals, objectives, strategies, and priorities in fulfillment of the agency's mission to protect and promote people's health. The board provides advice and guidance that will assist NCEH/ATSDR in ensuring scientific quality, timeliness, utility, and dissemination of results. The board also provides guidance to help NCEH/ATSDR work more efficiently and effectively with its various constituents and to fulfill its mission in protecting America's health.

    Matters To Be Considered: The agenda will include discussions on NCEH/ATSDR Program Responses to BSC Guidance and Action Items, ATSDR Tox Profiles, Federal Strategy on Lead, Cancer Clusters, PFAS Community of Practice, Open Data, and National Pediatric Environmental Health Specialty Unit Program. Agenda items are subject to change as priorities dictate.

    The Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Sherri A. Berger, Chief Operating Officer, Centers for Disease Control and Prevention.
    [FR Doc. 2018-25134 Filed 11-16-18; 8:45 am] BILLING CODE 4163-19-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-3358-FN] Medicare and Medicaid Programs: Application From the American Association for Accreditation of Ambulatory Surgery Facilities, Inc. (AAAASF) for Continued Approval of Its Ambulatory Surgical Center Accreditation Program AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    This final notice announces our decision to approve the American Association for Accreditation of Ambulatory Surgery Facilities, Inc. (AAAASF) for continued recognition as a national accrediting organization for ambulatory surgical centers (ASCs) that wish to participate in the Medicare or Medicaid programs.

    DATES:

    This notice is applicable November 27, 2018 through November 27, 2024.

    FOR FURTHER INFORMATION CONTACT:

    Erin McCoy, (410) 786-2337, Monda Shaver, (410) 786-3410, or Renee Henry, (410) 786-7828.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Under the Medicare program, eligible beneficiaries may receive covered services in an Ambulatory Surgical Center (ASC) provided certain requirements are met. Sections 1832(a)(2)(F)(i) of the Social Security Act (the Act) establishes distinct criteria for facilities seeking designation as an ASC. Regulations concerning provider agreements are at 42 CFR part 489 and those pertaining to activities relating to the survey and certification of facilities are at 42 CFR part 488. The regulations at 42 CFR part 416, specify the conditions that an ASC must meet in order to participate in the Medicare program, the scope of covered services and the conditions for Medicare payment for ASCs.

    Generally, to enter into an agreement, an ASC must first be certified as complying with the conditions set forth in part 416 and recommended to the Centers for Medicare & Medicaid Services (CMS) for participation by a state survey agency. Thereafter, the ASC is subject to periodic surveys by a state survey agency to determine whether it continues to meet these conditions. However, there is an alternative to certification surveys by state agencies. Accreditation by a nationally recognized Medicare accreditation program approved by CMS may substitute for both initial and ongoing state review.

    Section 1865(a)(1) of the Act provides that, if the Secretary of the Department of Health and Human Services finds that accreditation of a provider entity by an approved national accrediting organization meets or exceeds all applicable Medicare conditions, we may treat the provider entity as having met those conditions, that is, we may “deem” the provider entity to be in compliance. Accreditation by an accrediting organization is voluntary and is not required for Medicare participation.

    Part 488, subpart A, implements the provisions of section 1865 of the Act and requires that a national accrediting organization applying for approval of its Medicare accreditation program must provide CMS with reasonable assurance that the accrediting organization requires its accredited provider entities to meet requirements that are at least as stringent as the Medicare conditions. Our regulations concerning the approval of accrediting organizations are set forth at § 488.5.

    II. Application Approval Process

    Section 1865(a)(3)(A) of the Act provides a statutory timetable to ensure that our review of applications for CMS-approval of an accreditation program is conducted in a timely manner. The Act provides us 210 days after the date of receipt of a complete application, with any documentation necessary to make the determination, to complete our survey activities and application process. Within 60 days after receiving a complete application, we must publish a notice in the Federal Register that identifies the national accrediting body making the request, describes the request, and provides no less than a 30-day public comment period. At the end of the 210-day period, we must publish a notice in the Federal Register approving or denying the application.

    III. Provisions of the Proposed Notice

    On June 22, 2018, we published a proposed notice in the Federal Register (83 FR 29120) announcing the American Association for Accreditation of Ambulatory Surgery Facilities, Inc. (AAAASF's) request for continued approval of its Medicare ASC accreditation program. In the proposed notice, we detailed our evaluation criteria. Under section 1865(a)(2) of the Act and in our regulations at § 488.5, we conducted a review of AAAASF's Medicare ASC accreditation renewal application in accordance with the criteria specified by our regulations, which include, but are not limited to the following:

    • An onsite administrative review of AAAASF's: (1) Corporate policies; (2) financial and human resources available to accomplish the proposed surveys; (3) procedures for training, monitoring, and evaluation of its ASC surveyors; (4) ability to investigate and respond appropriately to complaints against accredited ASCs; and, (5) survey review and decision-making process for accreditation.

    • The comparison of AAAASF's Medicare ASC accreditation program standards to our current Medicare ASC Conditions for Coverage (CfCs).

    • A documentation review of AAAASF's survey process to:

    ++ Determine the composition of the survey team, surveyor qualifications, and AAAASF's ability to provide continuing surveyor training.

    ++ Compare AAAASF's processes to those CMS require of state survey agencies, including periodic resurvey and the ability to investigate and respond appropriately to complaints against accredited ASCs.

    ++ Evaluate AAAASF's procedures for monitoring ASCs it has found to be out of compliance with AAAASF's program requirements. (This pertains only to monitoring procedures when AAAASF identifies non-compliance. If noncompliance is identified by a state survey agency through a validation survey, the state survey agency monitors corrections as specified at § 488.9(c).)

    ++ Assess AAAASF's ability to report deficiencies to the surveyed ASC and respond to the ASCs plan of correction in a timely manner.

    ++ Establish AAAASF's ability to provide CMS with electronic data and reports necessary for effective validation and assessment of the organization's survey process.

    ++ Determine the adequacy of AAAASF's staff and other resources.

    ++ Confirm AAAASF's ability to provide adequate funding for performing required surveys.

    ++ Confirm AAAASF's policies with respect to surveys being unannounced.

    ++ Obtain AAAASF's agreement to provide CMS with a copy of the most current accreditation survey together with any other information related to the survey as we may require, including corrective action plans.

    In accordance with section 1865(a)(3)(A) of the Act, the June 22, 2018 proposed notice also solicited public comments regarding whether AAAASF's requirements met or exceeded the Medicare CfCs for ASCs. We received no comments in response to our proposed notice.

    IV. Provisions of the Final Notice A. Differences Between AAAASF's Standards and Requirements for Accreditation and Medicare Conditions and Survey Requirements

    We compared AAAASF's ASC accreditation program requirements and survey process with the Medicare CfCs at 42 CFR part 416, and the survey and certification process requirements of Parts 488 and 489. Our review and evaluation of AAAASF's ASC application, which were conducted as described in section III of this final notice, yielded the following areas where, as of the date of this notice, AAAASF has revised its standards and certification processes in order to meet the requirements at:

    • § 416.2, to ensure its standards appropriately reference § 416.2 subparts B and C;

    • § 416.44(b)(1) to ensure its standards appropriately reference Life Safety Code requirements;

    • § 416.44(b)(2) to ensure its standards appropriately reference that only Life Safety Code deficiencies may request a time-limited waiver as part of the ASC's plan of correction;

    • § 416.47(b)(4) to ensure its standards appropriately address each required element of § 416.47(b)(4);

    • § 416.47(b)(5) to ensure its standards appropriately address § 416.47(b)(5);

    • § 416.52(a)(1) through (3) to ensure its standards appropriately address the requirements for a comprehensive medical history and physical assessment;

    • § 488.5(a)(4)(i) to ensure that its policies clearly support and convey the unannounced nature of Medicare deemed status surveys;

    • § 488.5(a)(4)(ii) to ensure comparability of AAAASF's survey process and surveyor guidance to those required for state survey agencies conducting federal Medicare surveys for the same provider or supplier type;

    • § 488.5(a)(4)(iii) to ensure that copies of AAAASF's guidelines and instructions to surveyors appropriately address Medicare requirements;

    • § 488.5(a)(7) through (9) to ensure its surveyors are qualified and evaluated on performance;

    • § 488.5(a)(11)(ii) to ensure accurate survey findings are reported to CMS;

    • § 488.5(a)(12) to ensure complaints are triaged appropriately and surveyed within the required timeframes;

    • § 488.26(b) and (c) to ensure deficiencies are cited at the appropriate level based on manner and degree of findings; and

    • § 488.28(d) to ensure that its policies for correction of deficiencies in ASCs is comparable to CMS requirements, requiring that deficiencies normally must be corrected within 60 days.

    B. Term of Approval

    Based on our review and observations described in section III of this final notice, we approve AAAASF as a national accreditation organization for ASCs that request participation in the Medicare program, effective November 27, 2018 through November 27, 2024.

    V. Collection of Information Requirements

    This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 35).

    Dated: November 7, 2018. Seema Verma, Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2018-25013 Filed 11-16-18; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-6079-N] Medicare, Medicaid, and Children's Health Insurance Programs; Provider Enrollment Application Fee Amount for Calendar Year 2019 AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces a $586.00 calendar year (CY) 2019 application fee for institutional providers that are initially enrolling in the Medicare or Medicaid program or the Children's Health Insurance Program (CHIP); revalidating their Medicare, Medicaid, or CHIP enrollment; or adding a new Medicare practice location. This fee is required with any enrollment application submitted on or after January 1, 2019 and on or before December 31, 2019.

    DATES:

    This notice is applicable beginning on January 1, 2019.

    FOR FURTHER INFORMATION CONTACT:

    Melissa Singer, (410) 786-0365.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In the February 2, 2011 Federal Register (76 FR 5862), we published a final rule with comment period titled “Medicare, Medicaid, and Children's Health Insurance Programs; Additional Screening Requirements, Application Fees, Temporary Enrollment Moratoria, Payment Suspensions and Compliance Plans for Providers and Suppliers.” This rule finalized, among other things, provisions related to the submission of application fees as part of the Medicare, Medicaid, and CHIP provider enrollment processes. As provided in section 1866(j)(2)(C)(i) of the Social Security Act (the Act) and in 42 CFR 424.514, “institutional providers” that are initially enrolling in the Medicare or Medicaid programs or CHIP, revalidating their enrollment, or adding a new Medicare practice location are required to submit a fee with their enrollment application. An “institutional provider” for purposes of Medicare is defined at § 424.502 as “(a)ny provider or supplier that submits a paper Medicare enrollment application using the CMS-855A, CMS-855B (not including physician and non-physician practitioner organizations), CMS-855S, CMS-20134, or associated internet-based PECOS enrollment application.” As we explained in the February 2, 2011 final rule (76 FR 5914), in addition to the providers and suppliers subject to the application fee under Medicare, Medicaid-only and CHIP-only institutional providers would include nursing facilities, intermediate care facilities for persons with intellectual disabilities (ICF/IID), psychiatric residential treatment facilities, and may include other institutional provider types designated by a state in accordance with their approved state plan.

    As indicated in § 424.514 and § 455.460, the application fee is not required for either of the following:

    • A Medicare physician or non-physician practitioner submitting a CMS-855I.

    • A prospective or revalidating Medicaid or CHIP provider—

    ++ Who is an individual physician or non-physician practitioner; or

    ++ That is enrolled in Title XVIII of the Act or another state's Title XIX or XXI plan and has paid the application fee to a Medicare contractor or another state.

    II. Provisions of the Notice A. CY 2018 Fee Amount

    In the December 4, 2017 Federal Register (82 FR 57273), we published a notice announcing a fee amount for the period of January 1, 2018 through December 31, 2018 of $569.00. This figure was calculated as follows:

    • Section 1866(j)(2)(C)(i)(I) of the Act established a $500 application fee for institutional providers in CY 2010.

    • Consistent with section 1866(j)(2)(C)(i)(II) of the Act, § 424.514(d)(2) states that for CY 2011 and subsequent years, the preceding year's fee will be adjusted by the percentage change in the consumer price index (CPI) for all urban consumers (all items; United States city average, CPI-U) for the 12-month period ending on June 30 of the previous year.

    • The CPI-U increase for CY 2011 was 1.0 percent, based on data obtained from the Bureau of Labor Statistics (BLS). This resulted in an application fee amount for CY 2011 of $505 (or $500 × 1.01).

    • The CPI-U increase for the period of July 1, 2010 through June 30, 2011 was 3.54 percent, based on BLS data. This resulted in an application fee amount for CY 2012 of $522.87 (or $505 × 1.0354). In the February 2, 2011 final rule, we stated that if the adjustment sets the fee at an uneven dollar amount, we would round the fee to the nearest whole dollar amount. Accordingly, the application fee amount for CY 2012 was rounded to the nearest whole dollar amount, or $523.00.

    • The CPI-U increase for the period of July 1, 2011 through June 30, 2012 was 1.664 percent, based on BLS data. This resulted in an application fee amount for CY 2013 of $531.70 ($523 × 1.01664). Rounding this figure to the nearest whole dollar amount resulted in a CY 2013 application fee amount of $532.00.

    • The CPI-U increase for the period of July 1, 2012 through June 30, 2013 was 1.8 percent, based on BLS data. This resulted in an application fee amount for CY 2014 of $541.576 ($532 × 1.018). Rounding this figure to the nearest whole dollar amount resulted in a CY 2014 application fee amount of $542.00.

    • The CPI-U increase for the period of July 1, 2013 through June 30, 2014 was 2.1 percent, based on BLS data. This resulted in an application fee amount for CY 2015 of $553.382 ($542 × 1.021). Rounding this figure to the nearest whole dollar amount resulted in a CY 2015 application fee amount of $553.00.

    • The CPI-U increase for the period of July 1, 2014 through June 30, 2015 was 0.2 percent, based on BLS data. This resulted in an application fee amount for CY 2016 of $554.106 ($553 × 1.002). Rounding this figure to the nearest whole dollar amount resulted in a CY 2016 application fee amount of $554.00.

    • The CPI-U increase for the period of July 1, 2015 through June 30, 2016 was

    1.0 percent. This resulted in a CY 2017 application fee amount of $559.56 ($554 × 1.01). Rounding this figure to the nearest whole dollar amount resulted in a CY 2017 application fee amount of $560.00.

    • The CPI-U increase for the period of July 1, 2016 through June 30, 2017 was 1.6 percent. This resulted in a CY 2018 application fee amount of $568.96 ($560 × 1.016). Rounding this figure to the nearest whole dollar amount resulted in a CY 2018 application fee amount of $569.00.

    B. CY 2019 Fee Amount

    Using BLS data, the CPU-U increase for the period of July 1, 2017 through June 30, 2018 was 2.9%. This results in a CY 2019 application fee amount of $585.501 ($569 × 1.029). As we must round this to the nearest whole dollar amount, the resultant application fee for CY 2019 is $586.00.

    III. Collection of Information Requirements

    This document does not impose information collection requirements, that is, reporting, recordkeeping, or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995. However, it does reference previously approved information collections. The Forms CMS-855A, CMS-855B, and CMS-855I are approved under OMB control number 0938-0685; the Form CMS-855S is approved under OMB control number 0938-1056.

    IV. Regulatory Impact Statement A. Background

    We have examined the impact of this notice as required by Executive Order 12866 on Regulatory Planning and Review (September 30, 1993), Executive Order 13563 on Improving Regulation and Regulatory Review (January 18, 2011), the Regulatory Flexibility Act (RFA) (September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, section 202 of the Unfunded Mandates Reform Act of 1995 (March 22, 1995; Pub. L. 104-4), Executive Order 13132 on Federalism (August 4, 1999), the Congressional Review Act (5 U.S.C. 804(2)), and Executive Order 13771 on Reducing Regulation and Controlling Regulatory Costs (January 30, 2017).

    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. A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). As explained in this section of the notice, we estimate that the total cost of the increase in the application fee will not exceed $100 million. Therefore, this notice does not reach the $100 million economic threshold and is not considered a major notice.

    B. Costs

    The costs associated with this notice involve the increase in the application fee amount that certain providers and suppliers must pay in CY 2019.

    1. Estimates of Number of Affected Institutional Providers in December 4, 2017, 2016 Fee Notice

    In the December 4, 2017 application fee notice, we estimated that based on CMS statistics—

    • 3,800 newly enrolling Medicare institutional providers would be subject to and pay an application fee in CY 2018. The estimate of 3,800 newly enrolling Medicare institutional providers was corrected to 10,700 newly enrolling Medicare institutional providers in the January 3, 2018 correction notice (83 FR 381).

    • 7,500 revalidating Medicare institutional providers would be subject to and pay an application fee in CY 2018.

    • 9,000 newly enrolling Medicaid and CHIP providers would be subject to and pay an application fee in CY 2018.

    • 21,000 revalidating Medicaid and CHIP providers would be subject to and pay an application fee in CY 2018.

    2. CY 2019 Estimates a. Medicare

    Based on CMS data, we estimate that in CY 2019 approximately—

    • 12,870 newly enrolling institutional providers will be subject to and pay an application fee; and

    • 41,580 revalidating institutional providers will be subject to and pay an application fee.

    Using a figure of 54,450 (12,870 newly enrolling + 41,580 revalidating) institutional providers, we estimate an increase in the cost of the Medicare application fee requirement in CY 2019 of $925,650 (or 54,450 x $17 (or $586 minus $569)) from our CY 2018 projections and as previously described.

    b. Medicaid and CHIP

    Based on CMS and state statistics, we estimate that approximately 30,000 (9,000 newly enrolling + 21,000 revalidating) Medicaid and CHIP institutional providers will be subject to an application fee in CY 2019. Using this figure, we project an increase in the cost of the Medicaid and CHIP application fee requirement in CY 2019 of $510,000 (or 30,000 x $17 (or $586 minus $569)) from our CY 2018 projections and as previously described.

    c. Total

    Based on the foregoing, we estimate the total increase in the cost of the application fee requirement for Medicare, Medicaid, and CHIP providers and suppliers in CY 2019 to be $1,435,650 ($925,650 + $510,000) from our CY 2018 projections.

    The RFA requires agencies to analyze options for regulatory relief of small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Most hospitals and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of less than $7.5 million to $38.5 million in any 1 year. Individuals and states are not included in the definition of a small entity. As we stated in the RIA for the February 2, 2011 final rule with comment period (76 FR 5952), we do not believe that the application fee will have a significant impact on small entities.

    In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area for Medicare payment regulations and has fewer than 100 beds. We are not preparing an analysis for section 1102(b) of the Act because we have determined, and the Secretary certifies, that this notice would not have a significant impact on the operations of a substantial number of small rural hospitals.

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2017, that threshold was approximately $148 million. The Agency has determined that there will be minimal impact from the costs of this notice, as the threshold is not met under the UMRA.

    Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on state and local governments, preempts state law, or otherwise has federalism implications. Since this notice does not impose substantial direct costs on state or local governments, the requirements of Executive Order 13132 are not applicable.

    Executive Order 13771, titled “Reducing Regulation and Controlling Regulatory Costs,” was issued on January 30, 2017 (82 FR 9339, February 3, 2017). It has been determined that this notice is a transfer notice that does not impose more than de minimis costs and thus is not a regulatory action for the purposes of E.O. 13771.

    In accordance with the provisions of Executive Order 12866, this notice was reviewed by the Office of Management and Budget.

    Dated: October 19, 2018. Seema Verma, Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2018-25012 Filed 11-16-18; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-4142] Determination That REGITINE (Phentolamine Mesylate) Injection, 5 Milligrams/Vial, and Other Drug Products Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) has determined that the drug products listed in this document were not withdrawn from sale for reasons of safety or effectiveness. This determination means that FDA will not begin procedures to withdraw approval of abbreviated new drug applications (ANDAs) that refer to these drug products, and it will allow FDA to continue to approve ANDAs that refer to the products as long as they meet relevant legal and regulatory requirements.

    FOR FURTHER INFORMATION CONTACT:

    Stacy Kane, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6236, Silver Spring, MD 20993-0002, 301-796-8363, [email protected].

    SUPPLEMENTARY INFORMATION:

    In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products approved under an ANDA procedure. ANDA applicants must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the “listed drug,” which is a version of the drug that was previously approved. ANDA applicants do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA).

    The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the “Approved Drug Products With Therapeutic Equivalence Evaluations,” which is generally known as the “Orange Book.” Under FDA regulations, a drug is removed from the list if the Agency withdraws or suspends approval of the drug's NDA or ANDA for reasons of safety or effectiveness, or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162).

    Under § 314.161(a) (21 CFR 314.161(a)), the Agency must determine whether a listed drug was withdrawn from sale for reasons of safety or effectiveness: (1) Before an ANDA that refers to that listed drug may be approved, (2) whenever a listed drug is voluntarily withdrawn from sale and ANDAs that refer to the listed drug have been approved, and (3) when a person petitions for such a determination under 21 CFR 10.25(a) and 10.30. Section 314.161(d) provides that if FDA determines that a listed drug was withdrawn from sale for safety or effectiveness reasons, the Agency will initiate proceedings that could result in the withdrawal of approval of the ANDAs that refer to the listed drug.

    FDA has become aware that the drug products listed in the table are no longer being marketed.

    Application No. Drug name Active ingredient(s) Strength(s) Dosage form/route Applicant NDA 008278 REGITINE Phentolamine Mesylate 5 milligrams (mg)/vial Injectable; Injection Novartis Pharmaceuticals Corp. NDA 011287 KAYEXALATE Sodium Polystyrene Sulfonate 453.6 grams (g)/bottle Powder; Oral, Rectal Concordia Pharmaceuticals, Inc. NDA 011751 PROLIXIN Fluphenazine Hydrochloride (HCl)
  • Fluphenazine HCl
  • 2.5 mg/milliliter (mL)
  • 1 mg; 2.5 mg; 5 mg; 10 mg
  • Injectable; Injection;
  • Tablet; Oral
  • Bristol-Myers Squibb Co.
    NDA 012249 LIBRIUM Chlordiazepoxide HCl 5 mg; 10 mg; 25 mg Capsule; Oral Valeant Pharmaceuticals North America, LLC. NDA 016008 PERMITIL Fluphenazine HCl 5 mg/mL Concentrate; Oral Schering Corp., Subsidiary of Schering Plough, Corp. NDA 016110 PROLIXIN ENANTHATE Fluphenazine Enanthate 25 mg/mL Injectable; Injection Bristol-Myers Squibb Co. NDA 017007 HEPARIN SODIUM Heparin Sodium 1,000 units/mL; 2,500 units/mL; 5,000 units/mL; 7,500 units/mL; 10,000 units/mL; 15,000 units/mL; 20,000 units/mL; 5,000 units/0.5 mL; Injectable; Injection West-Ward Pharmaceuticals International, Ltd. NDA 017105 TRANXENE
  • TRANXENE
  • TRANXENE SD
  • Clorazepate Dipotassium
  • Clorazepate Dipotassium
  • Clorazepate Dipotassium
  • 3.75 mg; 7.5 mg; 15 mg
  • 3.75 mg; 7.5 mg; 15 mg
  • 11.25 mg; 22.5 mg
  • Tablet; Oral;
  • Capsule; Oral;
  • Tablet; Oral
  • Recordati Rare Diseases, Inc.
    NDA 017488 MODICON 21 Ethinyl Estradiol; Norethindrone 0.035 mg; 0.5 mg Tablet; Oral Ortho-McNeil Pharmaceutical, Inc. NDA 017489 ORTHO-NOVUM 1/35-21 Ethinyl Estradiol; Norethindrone 0.035 mg; 1 mg Tablet; Oral Ortho-McNeil Pharmaceutical, Inc. NDA 017575 DTIC-DOME Dacarbazine 100 mg/vial; 200 mg/vial Injectable; Injection Bayer Healthcare Pharmaceuticals, Inc. NDA 017576 OVCON-50 Ethinyl Estradiol; Norethindrone 0.05 mg; 1 mg Tablet; Oral Warner Chilcott Co., LLC. NDA 017619 LOTRIMIN Clotrimazole 1% Cream; Topical Schering Plough Healthcare Products, Inc. NDA 017831 DIDRONEL Etidronate Disodium 200 mg; 400 mg Tablet; Oral Allergan Pharmaceuticals International, Ltd. NDA 018017 BLOCADREN Timolol Maleate 5 mg; 10 mg; 20 mg Tablet; Oral Merck & Co., Inc. NDA 018052 GYNE-LOTRIMIN Clotrimazole 1% Cream; Vaginal Bayer HealthCare, LLC. NDA 018148 NASALIDE Flunisolide 0.025 mg/spray Metered Spray; Nasal IVAX Research, Inc. ANDA 018551 POTASSIUM IODIDE Potassium Iodide 1 g/mL Solution; Oral Roxane Laboratories, Inc. NDA 019004 ORTHO-NOVUM 7/14-28
  • ORTHO-NOVUM 7/14-21
  • Ethinyl Estradiol; Norethindrone
  • Ethinyl Estradiol; Norethindrone
  • 0.035 mg/0.5 mg; 0.035 mg/1 mg
  • 0.035 mg/0.5 mg; 0.035 mg/1 mg
  • Tablet; Oral Ortho-McNeil Pharmaceutical, Inc.
    NDA 019309 VASOTEC Enalaprilat 1.25 mg/mL Injectable; Injection Biovail Laboratories International SRL. NDA 019621 VENTOLIN Albuterol Sulfate Equivalent to (EQ) 2 mg base/5 mL Syrup; Oral GlaxoSmithKline. NDA 019847 CIPRO Ciprofloxacin 400 mg/40 mL; 200 mg/20 mL; 1200 mg/120 mL Injectable; Injection Bayer Healthcare Pharmaceuticals, Inc. NDA 019857 CIPRO IN DEXTROSE 5% IN PLASTIC CONTAINER Ciprofloxacin 200 mg/100 mL; 400 mg/200 mL Injectable; Injection Bayer Healthcare Pharmaceuticals, Inc. NDA 019972 OCUPRESS Carteolol HCl 1% Solution/Drops; Ophthalmic Novartis Pharmaceuticals, Corp. NDA 020107 NOVAMINE 15% SULFITE FREE IN PLASTIC CONTAINER Amino Acids 15% Injectable; Injection Baxter Healthcare, Corp. NDA 020207 ALKERAN Melphalan HCl EQ 50 mg base/vial Injectable; Injection Apotex, Inc. NDA 020261 LESCOL Fluvastatin Sodium EQ 20 mg base; EQ 40 mg base Capsule; Oral Novartis Pharmaceuticals, Corp. NDA 020264 MEGACE Megestrol Acetate 40 mg/mL Suspension; Oral Bristol-Myers Squibb Co. NDA 020363 FAMVIR Famciclovir 125 mg; 250 mg; 500 mg Tablet; Oral Novartis Pharmaceuticals, Corp. NDA 020792 CARDIZEM Diltiazem HCl 100 mg/vial Injectable; Injection Biovail Laboratories, Inc. NDA 021127 OPTIVAR Azelastine HCl 0.05% Solution/Drops; Ophthalmic Mylan Specialty, L.P. NDA 021178 GLUCOVANCE Glyburide; Metformin HCl 2.5 mg/500 mg; 5 mg/500 mg Tablet; Oral Bristol-Myers Squibb Co. NDA 21277 AVELOX IN SODIUM CHLORIDE 0.8% IN PLASTIC CONTAINER Moxifloxacin HCl 400 mg/250 mL Solution; IV Infusion Bayer HealthCare Pharmaceuticals, Inc. NDA 021406 FORTICAL Calcitonin Salmon Recombinant 200 international units/spray Metered Spray; Nasal Upsher-Smith Laboratories, LLC. NDA 021530 MOBIC Meloxicam 7.5 mg/5 mL Suspension; Oral Boehringer Ingelheim Pharmaceuticals, Inc. NDA 021689 NEXIUM IV Esomeprazole Sodium EQ 20 mg base/vial Injectable; Intravenous AstraZeneca Pharmaceuticals LP. NDA 022033 LUVOX CR Fluvoxamine Maleate 100 mg; 150 mg Extended-Release Capsule; Oral Jazz Pharmaceuticals, Inc. NDA 050299 NILSTAT Nystatin 100,000 units/mL Suspension; Oral Glenmark Generics Inc., USA. NDA 050484 CERUBIDINE Daunorubicin HCl EQ 20 mg base/vial Injectable; Injection Wyeth Research. NDA 050662 BIAXIN Clarithromycin 250 mg; 500 mg Tablet; Oral AbbVie, Inc. ANDA 060076 STREPTOMYCIN SULFATE Streptomycin Sulfate EQ 1g base/vial; EQ 5 g base/vial Injectable; Injection Pfizer, Inc. ANDA 080472 HYTONE Hydrocortisone 1%, 2.5% Cream; Topical Valeant Pharmaceuticals North America, LLC. ANDA 080473 HYTONE Hydrocortisone 1%; 2.5% Lotion; Topical Valeant Pharmaceuticals North America, LLC. ANDA 080474 HYTONE Hydrocortisone 1%, 2.5% Ointment; Topical Dermik Laboratories, Inc. NDA 202088 SUPRENZA Phentermine HCl 15 mg; 30 mg; 37.5 mg Orally Disintegrating Tablet; Oral Citius Pharmaceuticals, LLC.

    FDA has reviewed its records and, under § 314.161, has determined that the drug products listed were not withdrawn from sale for reasons of safety or effectiveness. Accordingly, the Agency will continue to list the drug products in the “Discontinued Drug Product List” section of the Orange Book. The “Discontinued Drug Product List” identifies, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness.

    Approved ANDAs that refer to the NDAs and ANDAs listed are unaffected by the discontinued marketing of the products subject to those NDAs and ANDAs. Additional ANDAs that refer to these products may also be approved by the Agency if they comply with relevant legal and regulatory requirements. If FDA determines that labeling for these drug products should be revised to meet current standards, the Agency will advise ANDA applicants to submit such labeling.

    Dated: November 13, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-25187 Filed 11-16-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-3771] Report on the Performance of Drug and Biologics Firms in Conducting Postmarketing Requirements and Commitments; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of the Agency's annual report entitled “Report on the Performance of Drug and Biologics Firms in Conducting Postmarketing Requirements and Commitments.” Under the Federal Food, Drug, and Cosmetic Act (FD&C Act), FDA is required to report annually on the status of postmarketing requirements (PMRs) and postmarketing commitments (PMCs) required of, or agreed upon by, application holders of approved drug and biological products. The report on the status of the studies and clinical trials that applicants have agreed to, or are required to, conduct is on the FDA's “Postmarketing Requirements and Commitments: Reports” web page (https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Post-marketingPhaseIVCommitments/ucm064436.htm).

    FOR FURTHER INFORMATION CONTACT:

    Cathryn C. Lee, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6484, Silver Spring, MD 20993-0002, 301-796-0700; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 506B(c) of the FD&C Act (21 U.S.C. 356b(c)) requires FDA to publish an annual report on the status of postmarketing study commitments that applicants have committed to, or are required to conduct, and for which annual status reports have been submitted.

    Under §§ 314.81(b)(2)(vii) and 601.70 (21 CFR 314.81(b)(2)(vii) and 601.70), applicants of approved drugs and licensed biologics are required to submit annually a report on the status of each clinical safety, clinical efficacy, clinical pharmacology, and nonclinical toxicology study or clinical trial either required by FDA (PMRs) or that they have committed to conduct (PMCs), either at the time of approval or after approval of their new drug application, abbreviated new drug application, or biologics license application. The status of PMCs concerning chemistry, manufacturing, and production controls and the status of other studies or clinical trials conducted on an applicant's own initiative are not required to be reported under §§ 314.81(b)(2)(vii) and 601.70 and are not addressed in this report. Furthermore, section 505(o)(3)(E) of the FD&C Act (21 U.S.C. 355(o)(3)(E)) requires that applicants report periodically on the status of each required study or clinical trial and each study or clinical trial “otherwise undertaken . . . to investigate a safety issue . . .”

    An applicant must report on the progress of the PMR/PMC on the anniversary of the drug product's approval1 until the PMR/PMC is completed or terminated and FDA determines that the PMR/PMC has been fulfilled or that the PMR/PMC is either no longer feasible or would no longer provide useful information.

    1 An applicant must submit an annual status report on the progress of each open PMR/PMC within 60 days of the anniversary date of U.S. approval of the original application or on an alternate reporting date that was granted by FDA in writing. Some applicants have requested and been granted by FDA alternate annual reporting dates to facilitate harmonized reporting across multiple applications.

    II. Fiscal Year 2017 Report

    With this notice, FDA is announcing the availability of the Agency's annual report entitled “Report on the Performance of Drug and Biologics Firms in Conducting Postmarketing Requirements and Commitments.” Information in this report covers any PMR/PMC that was established, in writing, at the time of approval or after approval of an application or a supplement to an application, and summarizes the status of PMRs/PMCs in fiscal year (FY) 2017 (i.e., as of September 30, 2017). Information summarized in the report reflects combined data from the Center for Drug Evaluation and Research and the Center for Biologics Evaluation and Research and includes the following: (1) The number of applicants with open PMRs/PMCs; (2) the number of open PMRs/PMCs; (3) the timeliness of applicant submission of the annual status reports (ASRs); (4) FDA-verified status of open PMRs/PMCs reported in § 314.81(b)(2)(vii) or § 601.70 ASRs; (5) the status of closed PMRs/PMCs; and (6) the distribution of the status by fiscal year of establishment 2 (FY2011 to FY2017) for PMRs and PMCs open at the end of FY2017, or those closed within FY2017. Additional information about PMRs/PMCs is provided on FDA's website at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Post-marketingPhaseIVCommitments/default.htm.

    2 The establishment date is the date of the formal FDA communication to the applicant that included the final FDA-required (PMR) or -requested (PMC) postmarketing study or clinical trial.

    Dated: November 13, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-25128 Filed 11-16-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration National Vaccine Injury Compensation Program: Revised Amount of the Average Cost of a Health Insurance Policy AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    HRSA is publishing an updated monetary amount of the average cost of a health insurance policy as it relates to the National Vaccine Injury Compensation Program (VICP).

    SUPPLEMENTARY INFORMATION:

    Section 100.2 of VICP's implementing regulation (42 CFR part 100) states that the revised amount of an average cost of a health insurance policy, as determined by the Secretary of HHS (the Secretary), is effective upon its delivery by the Secretary to the United States Court of Federal Claims (the Court), and will be published periodically in a notice in the Federal Register. This figure is calculated using the most recent Medical Expenditure Panel Survey-Insurance Component (MEPS-IC) data available as the baseline for the average monthly cost of a health insurance policy. This baseline is adjusted by the annual percentage increase/decrease obtained from the most recent annual Kaiser Family Foundation (KFF) Employer Health Benefits Survey or other authoritative source that may be more accurate or appropriate.

    In 2018, MEPS-IC, available at www.meps.ahrq.gov, published the annual 2017 average total single premium per enrolled employee at private-sector establishments that provide health insurance. The figure published was $6,368. This figure is divided by 12 months to determine the cost per month of $530.67. The $530.67 figure is increased or decreased by the percentage change reported by the most recent KFF Employer Health Benefits Survey, available at www.kff.org. The percentage increase from 2017 to 2018 was 3.0 percent. By adding this percentage increase, the calculated average monthly cost of a health insurance policy for a 12-month period is $546.59.

    Therefore, the Secretary announces that the revised average cost of a health insurance policy under the VICP is $546.59 per month. In accordance with § 100.2, the revised amount was effective upon its delivery by the Secretary to the Court. Such notice was delivered to the Court on November 13, 2018.

    Dated: November 13, 2018. George Sigounas, Administrator.
    [FR Doc. 2018-25087 Filed 11-16-18; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Service Administration Meeting of the Advisory Committee on Infant Mortality AGENCY:

    Health Resources and Service Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    The Advisory Committee on Infant Mortality (ACIM) has scheduled a public meeting.

    DATES:

    December 4, 2018, 9:00 a.m.-5:00 p.m. ET and December 5, 2018, 9:00 a.m.-3:30 p.m. ET.

    ADDRESSES:

    This meeting will be held in-person and by webinar. The address for the meeting is 5600 Fishers Lane, Room 5W11, Rockville, Maryland 20857. Instructions on how to access the meeting via webcast will be provided upon registration.

    Information about ACIM and the agenda for this meeting can be found on the ACIM website at https://www.hrsa.gov/advisory-committees/infant-mortality/index.html. While this meeting is open to the public, advance registration is required. Registration information and information about the ACIM can be obtained by accessing: https://www.hrsa.gov/advisory-committees/infant-mortality/index.html.

    FOR FURTHER INFORMATION CONTACT:

    David S. de la Cruz, Ph.D., MPH, Designated Federal Official (DFO), at HRSA, Maternal and Child Health Bureau (MCHB), 5600 Fishers Lane, Rockville, Maryland 20857; 301-443-0543; or [email protected]

    SUPPLEMENTARY INFORMATION:

    ACIM provides advice and recommendations to the Secretary of HHS (Secretary) on HHS programs and activities that focus on reducing infant mortality and improving the health status of infants and pregnant women and factors affecting the continuum of care with respect to maternal and child health care. ACIM focuses on outcomes before, during, and following pregnancy and childbirth, strategies to coordinate a myriad of federal, state, local, and private programs, efforts that are designed to deal with the health and social problems impacting infant mortality, and the implementation of the federal Healthy Start Program.

    The meeting agenda is being finalized and tentatively includes updates on HRSA, MCHB, and the Healthy Start Program, an introduction of members, a briefing on infant mortality and health disparity data in the U.S., and future topic areas for ACIM to discuss. Agenda items are subject to changes as priorities dictate. The final meeting agenda will be available 2 days prior to the meeting on the ACIM website: https://www.hrsa.gov/advisory-committees/Infant-Mortality/index.html. Refer to the ACIM website for any updated information concerning the meeting.

    Members of the public will have the opportunity to provide comments on the afternoon of December 5, 2018. Written comments must be submitted via email to the DFO, David S. de la Cruz, by 12:00 p.m. ET on Tuesday, November 20, 2018, at [email protected] Please indicate if your comments will be written only or if you are requesting to present your comments in person during the meeting. All comments (oral and written) will be part of the official meeting record. To ensure all individuals who have requested time for oral comments are accommodated, the allocated time for each comment will be limited to no more than 3 minutes. More complete/longer comments should be submitted in writing. Individuals associated with groups or who plan to provide comments on similar topics may be asked to combine their comments and present them through a single representative. No audiovisual presentations are permitted. Comments should identify the individual's name, address, email, telephone number, professional or organization affiliation, background or area of expertise (e.g., parent, family member, researcher, clinician, public health, etc.), and the topic/subject matter. Oral comments must be presented in-person and not via phone/webinar.

    Individuals who plan to attend and need special assistance or another reasonable accommodation should notify David S. de la Cruz at the address and phone number listed above at least 10 days prior to the meeting. Since this meeting occurs in a federal government building, attendees must go through a security check to enter the building. Non-U.S. Citizen attendees must notify HRSA of their planned attendance at least 10 business days prior to the meeting in order to facilitate their entry into the building. All attendees are required to present government-issued identification prior to entry.

    Amy P. McNulty, Acting Director, Division of the Executive Secretariat.
    [FR Doc. 2018-25105 Filed 11-16-18; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Notice of Interest Rate on Overdue Debts

    Section 30.18 of the Department of Health and Human Services' claims collection regulations (45 CFR part 30) provides that the Secretary shall charge an annual rate of interest, which is determined and fixed by the Secretary of the Treasury after considering private consumer rates of interest on the date that the Department of Health and Human Services becomes entitled to recovery. The rate cannot be lower than the Department of Treasury's current value of funds rate or the applicable rate determined from the “Schedule of Certified Interest Rates with Range of Maturities” unless the Secretary waives interest in whole or part, or a different rate is prescribed by statute, contract, or repayment agreement. The Secretary of the Treasury may revise this rate quarterly. The Department of Health and Human Services publishes this rate in the Federal Register.

    The current rate of 101/8%, as fixed by the Secretary of the Treasury, is certified for the quarter ended September 30, 2018. This rate is based on the Interest Rates for Specific Legislation, “National Health Services Corps Scholarship Program (42 U.S.C. 254o(b)(1)(A))” and “National Research Service Award Program (42 U.S.C. 288(c)(4)(B)).” This interest rate will be applied to overdue debt until the Department of Health and Human Services publishes a revision.

    Dated: October 10, 2018. David C. Horn, Director, Office of Financial Policy and Reporting.
    [FR Doc. 2018-25204 Filed 11-16-18; 8:45 am] BILLING CODE 4150-04-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Activities Deemed Not To Be Research: Public Health Surveillance, 2018 Requirements AGENCY:

    The Office for Human Research Protections, Office of the Assistant Secretary for Health, Office of the Secretary, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Office for Human Research Protections (OHRP), Office of the Assistant Secretary for Health, is announcing the availability of a draft guidance document entitled, “Activities Deemed Not to Be Research: Public Health Surveillance, 2018 Requirements.”

    DATES:

    Submit written comments by December 19, 2018.

    ADDRESSES:

    Submit written requests for a single copy of the draft guidance document entitled “Activities Deemed Not to Be Research: Public Health Surveillance, 2018 Requirements,” to the Division of Policy and Assurances, Office for Human Research Protections, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852. Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 240-453-6909. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the draft guidance documents.

    You may submit comments identified by docket ID number HHS-OS-OPHS-2018-0015 (Activities Deemed Not to Be Research: Public Health Surveillance, 2018 Requirements), by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Enter the docket ID number and click on “Search.” On the next page, click the “Comment Now”” action and follow the instructions.

    Mail/Hand delivery/Courier [For paper, disk, or CD-ROM submissions]: Irene Stith-Coleman, Ph.D., Office for Human Research Protections, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852.

    Comments received, including any personal information, will be posted without change to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Irene Stith-Coleman, Ph.D., Office for Human Research Protections, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852, 240-453-6900; email [email protected].

    SUPPLEMENTARY INFORMATION: I. Background A. Overview

    OHRP, Office of the Assistant Secretary for Health, is announcing the availability of a draft guidance document entitled “Activities Deemed Not to Be Research: Public Health Surveillance, 2018 Requirements.” This guidance document applies to activities that are conducted or supported by HHS. It is intended to help entities determine whether a planned activity constitutes a public health surveillance activity deemed not to be research under the 2018 Requirements (the revised subpart A of 45 CFR part 46, effective July 19, 2018). The draft guidance document, when finalized, will represent OHRP's current thinking on this topic. OHRP obtained input from HHS agencies and the Common Rule departments and agencies in developing the draft guidance document.

    II. Electronic Access

    Persons with access may obtain the draft guidance documents on OHRP's website at https://www.hhs.gov/ohrp/regulations-and-policy/requests-for-comments/index.html.

    Dated: November 8, 2018. Julie Kaneshiro, Deputy Director, Office for Human Research Protections.
    [FR Doc. 2018-25202 Filed 11-16-18; 8:45 am] BILLING CODE 4150-36-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Biodefense Science Board Public Teleconference AGENCY:

    Office of the Assistant Secretary for Preparedness and Response (ASPR), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services is hereby giving notice that the National Biodefense Science Board (NBSB) will hold a public teleconference on December 13, 2018.

    DATES:

    The NBSB Public Teleconference is December 13, 2018, from 2:00 p.m. to 4:00 p.m. Eastern Standard Time (EST).

    ADDRESSES:

    We encourage members of the public to attend the public meetings. To register, send an email to [email protected] with “NBSB Registration” in the subject line. Submit your comments to [email protected], the NBSB Contact Form located at https://www.phe.gov/Preparedness/legal/boards/nbsb/Pages/RFNBSBComments.aspx. For additional information, visit the NBSB website located at https://www.phe.gov/nbsb.

    SUPPLEMENTARY INFORMATION:

    The NBSB is authorized under Section 319M of the Public PHS Act (42 U.S.C. 247d-7f), as added by Section 402 of the Pandemic and All-Hazards Preparedness Act of 2006 and amended by Section 404 of the Pandemic and All-Hazards Preparedness Reauthorization Act. The Board is governed by the Federal Advisory Committee Act (5 U.S.C. App.), which sets forth standards for the formation and use of advisory committees. The NBSB provides expert advice and guidance on scientific, technical, and other matters of special interest to the Department regarding current and future chemical, biological, nuclear, and radiological agents, whether naturally occurring, accidental, or deliberate.

    Background: The December 13, 2018, NBSB public teleconference is dedicated to the discussion of recommendations on two topics: (1) Strategic improvements to the National Disaster Medical System (NDMS) and (2) implementation of the National Biodefense Strategy. We will post modifications to the agenda on the NBSB meeting website, which is located at https://www.phe.gov/nbsb.

    Availability of Materials: We will post all teleconference materials prior to the teleconference on December 13, 2018, at the website located at https://www.phe.gov/nbsb.

    Procedures for Providing Public Input: Members of the public may attend the public teleconference via a toll-free call-in phone number, which is available on the NBSB website at https://www.phe.gov/nbsb.

    We encourage members of the public to provide written comments that are relevant to the NBSB public teleconference prior to December 13, 2018. Send written comments by email to [email protected] with “NBSB Public Comment” in the subject line. The NBSB Chair will respond to comments received by December 12, 2018, during the public teleconference.

    Dated: November 8, 2018. Robert P. Kadlec, Assistant Secretary for Preparedness and Response.
    [FR Doc. 2018-25131 Filed 11-16-18; 8:45 am] BILLING CODE 4150-28-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious 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 Allergy and Infectious Diseases Special Emphasis Panel NIAID 2018 Omnibus BAA (HHS-NIH-NIAID-BAA2018) Research Area 001: Development of Therapeutic Products for Biodefense, Anti-Microbial Resistant (AMR) Infections and Emerging Infectious Diseases.

    Date: December 11-12, 2018.

    Time: 10:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate contract proposals.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Kumud K. Singh, Ph.D., Scientific Review Officer, Scientific Review Program, DEA/NIAID/NIH/DHHS, 5601 Fishers Lane, MSC-9823, Rockville, MD 20852, 301-761-7830, [email protected]

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel NIAID Investigator Initiated Program Project Applications (P01).

    Date: December 11, 2018.

    Time: 10:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Priti Mehrotra, Ph.D., Chief, Immunology Review Branch, Scientific Review Program, Division of Extramural Activities, Room #3G40, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-7616, 240-669-5066, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: November 14, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-25191 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of an Exclusive Patent License: Development and Commercialization of Chimeric Antigen Receptor (CAR) Therapies for the Treatment of FMS-Like Tyrosine Kinase 3 (FLT3) Expressing Cancers AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The National Cancer Institute, an institute of the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an Exclusive Patent License to practice the inventions embodied in the Patents and Patent Applications listed in the Supplementary Information section of this Notice to ElevateBio. (“Elevate”), located in Cambridge, MA.

    DATES:

    Only written comments and/or applications for a license which are received by the National Cancer Institute's Technology Transfer Center on or before December 4, 2018 will be considered.

    ADDRESSES:

    Requests for copies of the patent applications, inquiries, and comments relating to the contemplated Exclusive Patent License should be directed to: Jim Knabb, Senior Technology Transfer Manager, NCI Technology Transfer Center, 9609 Medical Center Drive, RM 1E530, MSC 9702, Bethesda, MD 20892-9702 (for business mail), Rockville, MD 20850-9702; Telephone: (240)-276-7856; Facsimile: (240)-276-5504; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Intellectual Property E-133-2016: FLT3-Specific Chimeric Antigen Receptors and Methods Using Same

    1. US Provisional Patent Application 62/342,394, filed May 27, 2016 (E-133-2016-0-US-01);

    2. International Patent Application PCT/US2017/034,691, filed May 26, 2017 (E-133-2016-0-PCT-02)

    The patent rights in these inventions have been assigned and/or exclusively licensed to the government of the United States of America.

    The prospective exclusive license territory may be worldwide, and the fields of use may be limited to the following:

    “The development of a mono- or multi-specific FMS-like tyrosine kinase 3 (FLT3; also known as CD135) chimeric antigen receptor (CAR)-based immunotherapy using autologous or allogenic human lymphocytes (T cells or NK cells) transduced with lentiviral vectors, wherein the viral transduction leads to the expression of a CAR that targets FLT3 (comprised of the FLT3-binding domain referenced as NC7 in the invention as well as an intracellular signaling domain), for the prophylaxis or treatment of FLT3-expressing cancers.”

    This technology discloses a CAR vector that targets FLT3 comprised of an anti-FLT3 antibody known as NC7, and an intracellular signaling domain. FLT3 (CD135) is a cytokine receptor expressed on hematopoietic progenitor cells, and is one of the most frequently mutated genes in acute myeloid leukemia (AML) and infant acute lymphoblastic leukemia (ALL). FLT3 mutation leads to increased cell surface expression and therefore on leukemic cells, which makes it an attractive candidate for cellular therapies such as CAR-T.

    This Notice is made in accordance with 35 U.S.C. 209 and 37 CFR part 404. The prospective exclusive license will be royalty bearing, and the prospective exclusive license may be granted unless within fifteen (15) days from the date of this published Notice, the National Cancer Institute receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR part 404.

    In response to this Notice, the public may file comments or objections. Comments and objections, other than those in the form of a license application, will not be treated confidentially, and may be made publicly available.

    License applications submitted in response to this Notice will be presumed to contain business confidential information and any release of information from these license applications will be made only as required and upon a request under the Freedom of Information Act, 5 U.S.C. 552.

    Dated: November 8, 2018. Richard U. Rodriguez, Associate Director, Technology Transfer Center, National Cancer Institute.
    [FR Doc. 2018-25197 Filed 11-16-18; 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 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: Center for Scientific Review Special Emphasis Panel, PAR18-822: Approaches for Understanding Disease Mechanisms and Improving Outcomes in TB Meningitis (TBM).

    Date: December 12, 2018.

    Time: 10:00 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: Guangyong Ji, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3211, MSC 7808, Bethesda, MD 20892, 301-435-1146, [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: November 14, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-25196 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of 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 Heart, Lung, and Blood Institute Special Emphasis Panel; Catalyzing Innovation in Trial Design.

    Date: December 6, 2018.

    Time: 10:00 a.m. to 10:30 a.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Room 7180, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Tony L. Creazzo, Ph.D., Scientific Review Officer, Office of Scientific Review, National Heart, Lung, and Blood Institute, National Institutes of Health, 6701 Rockledge Drive, Room 7180, Bethesda, MD 20892, 301-827-7913, [email protected]

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; Catalyzing Innovation in Trial Design Resource Access.

    Date: December 6, 2018.

    Time: 10:30 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Room 7180, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Tony L. Creazzo, Ph.D., Scientific Review Officer, Office of Scientific Review, National Heart, Lung, and Blood Institute, National Institutes of Health, 6701 Rockledge Drive, Room 7180, Bethesda, MD 20892, 301-827-7913, [email protected]

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; Integrative Computational Biology for Analysis of NHLBI TOPMed Data.

    Date: December 7, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW, Washington, DC 20015.

    Contact Person: Susan Wohler Sunnarborg, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, National Institutes of Health, 6701 Rockledge Drive, Room 7182, Bethesda, MD 20892, [email protected]

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; R25: Short-Term Research Education to Increase Diversity.

    Date: December 7, 2018.

    Time: 1:00 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 (Telephone Conference Call).

    Contact Person: Lindsay M. Garvin, Ph.D., Scientific Review Officer, Office of Scientific Review, National Heart, Lung, and Blood Institute, National Institutes of Health, 6701 Rockledge Drive, Suite 7189, Bethesda, MD 20892, 301-827-7911, [email protected]

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; NHLBI Institutional Training Grants.

    Date: December 12, 2018.

    Time: 11:00 a.m. to 12:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Giuseppe Pintucci, Ph.D., Scientific Review Officer, Office of Scientific Review, National Heart, Lung, and Blood Institute, National Institutes of Health, 6701 Rockledge Drive, Room 7192, Bethesda, MD 20892, 301-827-7696, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: November 14, 2018. Ronald J. Livingston, Jr., Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-25192 Filed 11-16-18; 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 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: Center for Scientific Review Special Emphasis Panel, Infectious Diseases and Microbiology Fellowships.

    Date: November 20, 2018.

    Time: 2:00 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, (Telephone Conference Call).

    Contact Person: Tamara Lyn McNealy, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3188, Bethesda, MD 20892, 301-827-2372, [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. 93.306, 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: November 14, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-25195 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed 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 Neurological Disorders and Stroke Special Emphasis Panel; Summer Research Education Experience Programs.

    Date: December 4, 2018.

    Time: 11:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Virtual Meeting).

    Contact Person: Deanna Lynn Adkins, Ph.D., Scientific Review Officer, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892-9529, (301) 496-9223, [email protected].

    Name of Committee: National Institute of Neurological Disorders and Stroke Special Emphasis Panel; Clinical Trial Readiness for Rare Neurological and Neuromuscular Diseases.

    Date: December 4, 2018.

    Time: 12:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: Ana Olariu, Ph.D., Scientific Review Officer, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892-9529, (301) 496-9223, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)
    Dated: November 13, 2018. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-25107 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the joint meeting of the NCI Board of Scientific Advisors (BSA) and National Cancer Advisory Board (NCAB).

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The open session will be videocast and can be accessed from the NIH Videocasting and Podcasting website (http://videocast.nih.gov).

    A portion of the National Cancer Advisory Board meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended, for the review, discussion, and evaluation of individual intramural programs and projects conducted by the National Cancer Institute, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Advisory Board, Ad Hoc Subcommittee on Global Cancer Research.

    Open: December 3, 2018, 5:30 p.m. to 7:00 p.m.

    Agenda: Discussion on Global Cancer Research.

    Place: Gaithersburg Marriott Washingtonian Center, 9751 Washington Boulevard, Gaithersburg, MD 20878.

    Contact Person: Dr. Robert T. Croyle, Acting Executive Secretary, NCAB Ad Hoc Subcommittee on Global Cancer Research, National Cancer Institute—Shady Grove, National Institutes of Health, 9609 Medical Center Drive, Room 4E420, Bethesda, MD 20892, (240) 276-6690, [email protected]

    Name of Committee: NCI Board of Scientific Advisors and National Cancer Advisory Board.

    Open: December 4, 2018, 8:45 a.m. to 4:15 p.m.

    Agenda: Joint meeting of the NCI Board of Scientific Advisors and National Cancer Advisory Board—NCI Director's report, presentations, and review of concepts.

    Closed: December 4, 2018, 4:15 p.m. to 5:15 p.m.

    Agenda: Review of intramural program site visit outcomes and the discussion of confidential personnel issues.

    Place: National Cancer Institute—Shady Grove, 9609 Medical Center Drive, Room TE406 & 408, Rockville, MD 20850.

    Contact Person: Paulette S. Gray, Ph.D., Director, Division of Extramural Activities, National Cancer Institute—Shady Grove, National Institutes of Health, 9609 Medical Center Drive, Room 7W444, Bethesda, MD 20892, 240-276-6340, [email protected]

    Name of Committee: NCI Board of Scientific Advisors and National Cancer Advisory Board.

    Open: December 5, 2018, 9:00 a.m. to 12:45 p.m.

    Agenda: Joint meeting of the NCI Board of Scientific Advisors and National Cancer Advisory Board—Presentations and review of concepts.

    Place: National Cancer Institute—Shady Grove, 9609 Medical Center Drive, Room TE406 & 408, Rockville, MD 20850.

    Contact Person: Paulette S. Gray, Ph.D., Director, Division of Extramural Activities, National Cancer Institute—Shady Grove, National Institutes of Health, 9609 Medical Center Drive, Room 7W444, Bethesda, MD 20892, 240-276-6340, [email protected]

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NCI-Shady Grove campus. All visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: NCAB: http://deainfo.nci.nih.gov/advisory/ncab/ncab.htm, BSA: http://deainfo.nci.nih.gov/advisory/bsa/bsa.htm, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: November 14, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-25193 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. to achieve expeditious commercialization of results of federally-funded research and development.

    FOR FURTHER INFORMATION CONTACT:

    Licensing information may be obtained by emailing the indicated licensing contact at the National Heart, Lung, and Blood, Office of Technology Transfer and Development Office of Technology Transfer, 31 Center Drive, Room 4A29, MSC2479, Bethesda, MD 20892-2479; telephone: 301-402-5579. A signed Confidential Disclosure Agreement may be required to receive any unpublished information.

    SUPPLEMENTARY INFORMATION:

    Technology description follows.

    Sickle Cell Anemia Treatment Through RIOK3 Inhibition

    Available for licensing and commercial development are methods for the treatment of beta-globinapathies such as sickle cell disease and beta-thalassemia by inhibiting the expression and/or activity of RIOK3 in erythroid cells such as primary erythroid progenitor cell or a CD34+ erythroid cells. RIOK3 inhibitors contemplated within the scope of the invention can be antibodies, siRNAs, microRNAs, antisense oligonucleotides or small molecules like Midostaurin, Axitinib, Bosutinib, or Ruxolitinib.

    Potential Commercial Applications: • Sickle cell disease • beta thalassemia Development Stage: • Early stage

    Inventors: Bjorg Gudmundsdottir, Laxminath Tumburu, John Tisdale (all of NHLBI)

    Intellectual Property: HHS Reference No. E-200-2018; U.S Provisional Patent Application 62/756,497 filed November 6, 2018.

    Licensing Contact: Michael Shmilovich, Esq, CLP; 301-435-5019; [email protected]

    Dated: November 7, 2018. Michael A. Shmilovich, Senior Licensing and Patenting Manager, National Heart, Lung, and Blood Institute, Office of Technology Transfer and Development.
    [FR Doc. 2018-25194 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the Division of Intramural Research Board of Scientific Counselors.

    The meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Division of Intramural Research Board of Scientific Counselors, NIAID.

    Date: December 10-12, 2018.

    Time: 8:00 a.m. to 10:00 a.m.

    Agenda: To review and evaluate personal qualifications and performance, and competence of individual investigators.

    Place: National Institutes of Health, Building 50, 50 Center Drive, Bethesda, MD 20892.

    Contact Person: Steven M. Holland, MD, Ph.D., Chief, Laboratory of Clinical Infectious Diseases, National Institutes of Health/NIAID, Hatfield Clinical Research Center, Bethesda, MD 20892-1684, 301-402-7684, [email protected]

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: November 14, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-25190 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The invention listed below is owned by an agency of the U.S. Government and is available for licensing.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Vince Contreras, 240-669-2823; [email protected] Licensing information and copies of the U.S. patent application listed below may be obtained by communicating with the indicated licensing contact at the Technology Transfer and Intellectual Property Office, National Institute of Allergy and Infectious Diseases, 5601 Fishers Lane, Rockville, MD, 20852; tel. 301-496-2644. A signed Confidential Disclosure Agreement will be required to receive copies of unpublished patent applications.

    SUPPLEMENTARY INFORMATION:

    Technology description follows.

    Optimized Variants of the Broadly Neutralizing HIV-1 gp41 Antibody, 10E8 Description of Technology

    Scientists at the National Institute of Allergy and Infectious Diseases (NIAID) recently discovered a human neutralizing antibody, 10E8, that binds to the GP41 protein of HIV-1 and prevents infection by HIV-1. 10E8 potently neutralizes up to 98% of genetically diverse HIV-1 strains.

    By engineering the 10E8 antibody, NIAID scientists have improved the properties of 10E8 that affect manufacturability, such as solubility, while preserving its neutralizing breadth and potency.

    10E8 variants are useful for passive protection from infection, as therapeutics, and as a tool for vaccine development.

    This technology is available for licensing for commercial development in accordance with 35 U.S.C. 209 and 37 CFR part 404.

    Potential Commercial Applications

    • Passive protection to prevent HIV infection

    • Passive protection to prevent mother-to-infant HIV transmission

    • Gene-based vectors for anti-gp41 antibody expression

    • Therapeutics for elimination of HIV infected cells that are actively producing virus

    Competitive Advantages

    • Among the most potent and broadly neutralizing human antibodies isolated to date

    • Broad reactivity and high affinity to most HIV-1 strains

    • Improved manufacturability relative to the natural 10E8 antibody

    Development Stage

    • In vivo data available (animal)

    Inventors: Peter D. Kwong (NIAID), Young Do Kwon (NIAID), Ivelin S. Georgiev (NIAID), Gilad A. Ofek (NIAID), Baoshan Zhang (NIAID), Krisha McKee (NIAID), John Mascola (NIAID), Gwo-Yu Chuang (NIAID), Sijy O'Dell (NIAID), Robert Bailer (NIAID), Mark Louder (NIAID), Mangaiarkarasi Asokan (NIAID), Richard Schwartz (NIAID), Jonathan Cooper (NIAID), Kevin Carlton (NIAID), Michael Bender (NIAID), Mark Connors (NIAID), Amarendra Pegu (NIAID), Lisa Kueltzo (NIAID), Tatyana Gindin (Columbia University), and Lawrence Shapiro (Columbia University).

    Publications: Kwon, Y.D. et al. (2016) Optimization of the Solubility of HIV-1-Neutralizing Antibody 10E8 through Somatic Variation and Structure-Based Design. J Virol. 90(13): 5899-914. [PMID: 27053554]

    Intellectual Property: HHS Reference Number E-133-2015 includes Patent Cooperation Treaty Application Number PCT/US2016/060390 filed November 3, 2016; Canadian Patent Application Number 3003878 filed May 1, 2018; China Patent Application Number TBD filed May 1, 2018; European Patent Application Number 16801639.2 filed June 1, 2018; India Patent Application Number 20187016184 filed 30 April 2018; U.S. Patent Application Number 15/772,443 filed 30 April 2018; South Africa Patent Application Number 2018/02875 filed 2 May 2018; Australia Patent Application Number 2016349392 filed 4 May 2018.

    Related Intellectual Property: HHS Reference Number E-253-2011.

    Licensing Contact: Dr. Vince Contreras, 240-669-2823; [email protected].

    Dated: November 7, 2018. Suzanne M. Frisbie, Deputy Director, Technology Transfer and Intellectual Property Office, National Institute of Allergy and Infectious Diseases.
    [FR Doc. 2018-25189 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Human Genome Research Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of National Advisory Council for Human Genome Research.

    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 Human Genome Research Institute Special Emphasis Panel; H3Africa Biorepository.

    Date: December 14, 2018.

    Time: 11:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: NHGRI, Greider Conference Room 3321, 6700B Rockledge Dr., Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Rudy O. Pozzatti, Ph.D., Scientific Review Officer, Scientific Review Branch, National Human Genome Research Institute, 5635 Fishers Lane, Suite 4076, MSC 9306, Rockville, MD 20852, (301) 402-0838, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human Genome Research, National Institutes of Health, HHS)
    Dated: November 13, 2018. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-25108 Filed 11-16-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Proposed Collection; Comment Request

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 concerning opportunity for public comment on proposed collections of information, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the information collection plans, call the SAMHSA Reports Clearance Officer on (240) 276-1243.

    Comments are invited on: (a) Whether the proposed collections of information are necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) 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.

    Proposed Project: 2019 National Survey on Drug Use and Health (OMB No. 0930-0110)—Extension

    The National Survey on Drug Use and Health (NSDUH) is a survey of the U.S. civilian, non-institutionalized population aged 12 years old or older. The data are used to determine the prevalence of use of tobacco products, alcohol, illicit substances, and illicit use of prescription drugs. The results are used by SAMHSA, the Office of National Drug Control Policy (ONDCP), federal government agencies, and other organizations and researchers to establish policy, to direct program activities, and to better allocate resources.

    This is an extension to the 2019 National Survey on Drug Use and Health (NSDUH). There are no substantive changes to the questionnaire or changes in burden. The 2019 NSDUH will continue to include questions on medication-assisted treatment (MAT) and kratom.

    As with all NSDUH surveys conducted since 1999, including those prior to 2002 when the NSDUH was referred to as the National Household Survey on Drug Abuse, the sample size of the survey for 2019 will be sufficient to permit prevalence estimates for each of the 50 states and the District of Columbia. The total annual burden estimate is shown below in Table 1.

    Table 1—Annualized Estimated Burden for 2019 NSDUH Instrument Number of
  • respondents
  • Responses per
  • respondent
  • Total number
  • of responses
  • Hours per
  • response
  • Total burden
  • hours
  • Household Screening 137,231 1 137,231 0.083 11,390 Interview 67,507 1 67,507 1.000 67,507 Screening Verification 4,116 1 4,116 0.067 276 Interview Verification 10,126 1 10,126 0.067 678 Total 137,231 218,980 79,851

    Send comments to Summer King, SAMHSA Reports Clearance Officer, Room 15E57B, 5600 Fishers Lane, Rockville, MD 20857 or email a copy to [email protected]

    Written comments should be received by January 18, 2019.

    Summer King, Statistician.
    [FR Doc. 2018-25142 Filed 11-16-18; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given that the Substance Abuse and Mental Health Services Administration's (SAMHSA) Center for Substance Abuse Prevention's (CSAP) Drug Testing Advisory Board (DTAB) will convene via in person and web conference on December 4, 2018, from 9:00 a.m. EST to 3:30 p.m. EST and December 5, 2018, from 9:00 a.m. EST to 4:00 p.m.

    The Board will meet in open-session in-person on December 4, 2018, from 9:00 a.m. EST to 3:30 p.m. EST to discuss the proposed Mandatory Guidelines for Federal Workplace Drug Testing Programs (urine specimens) with updates from the Department of Transportation, Nuclear Regulatory Commission, and the Department of Defense. There will be additional presentations from the Division of Workplace Programs' staff on urine, oral fluid, hair Mandatory Guidelines and future direction, updates on electronic chain of custody and standard variables, and emerging issues surrounding marijuana legalization. The board will meet in closed-session in-person on December 5, 2018, from 9:00 a.m. EST to 4:00 p.m. EST to discuss confidential issues surrounding the proposed Mandatory Guidelines for Federal Workplace Drug Testing Programs (urine specimens, oral fluid, hair), invalids, studies from Johns Hopkins Behavioral Pharmacology Research Unit, impact of cannabis laws on drug testing and future direction, potential recommendations to the Assistant Secretary for Mental Health and Substance Use regarding additional drugs that may be tested for in the future, and lastly, program financials. Therefore, the December 5, 2018, meeting is closed to the public, as determined by the Assistant Secretary for Mental Health and Substance Use, SAMHSA, in accordance with 5 U.S.C. 552b(c)(4) and (9)(B), and 5 U.S.C. App. 2, Section 10(d).

    Meeting registration information can be completed at http://snacregister.samhsa.gov/MeetingList.aspx. Web conference and call information will be sent after completing registration. Meeting information and a roster of DTAB members may be obtained by accessing the SAMHSA Advisory Committees website, https://www.samhsa.gov/about-us/advisory-councils/meetings or by contacting the Designated Federal Officer, CAPT Sean J. Belouin, USPHS.

    Committee Name: Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention, Drug Testing Advisory Board.

    Dates/Time/Type: December 4, 2018, from 9:00 a.m. to 3:30 p.m. EST: Open; December 5, 2018, from 9:00 a.m. to 4:00 p.m. EST: Closed.

    Place: Hilton Washington DC/Rockville Hotel & Executive Meeting Center, 1750 Rockville Pike, Rockville, MD 20852.

    Contact: CAPT Sean J. Belouin, USPHS, Senior Pharmacology and Regulatory Policy Advisor, Division of Workplace Programs, 5600 Fishers Lane, Room 16N06D, Rockville, Maryland 20857, Telephone: (240) 276-2600, Email: [email protected]

    Charles LoDico, Chemist.
    [FR Doc. 2018-25116 Filed 11-16-18; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-0791] Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0018 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Thirty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval for reinstatement, without change, of the following collection of information: 1625-0018, Official Logbook. Our ICR describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.

    DATES:

    Comments must reach the Coast Guard and OIRA on or before December 19, 2018.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2018-0791] to the Coast Guard using the Federal eRulemaking Portal at https://www.regulations.gov. Alternatively, you may submit comments to OIRA using one of the following means:

    (1) Email: [email protected]

    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention Desk Officer for the Coast Guard.

    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:

    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. These comments will help OIRA determine whether to approve the ICR referred to in this Notice.

    We encourage you to respond to this request by submitting comments and related materials. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR. They must also contain the docket number of this request, [USCG-2018-0791], and must be received by December 19, 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).

    OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice of Action on each ICR will become available via a hyperlink in the OMB Control Number: 1625-0018.

    Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The Coast Guard published the 60-day notice (83 FR 45457, September 7, 2018) required by 44 U.S.C. 3506(c)(2). That notice elicited no comments. Accordingly, no changes have been made to the Collections.

    Information Collection Request

    Title: Official Logbook.

    OMB Control Number: 1625-0018.

    Summary: The Official Logbook contains information about the voyage, the vessel's crew, drills, watches, and operations conducted during the voyage. Official Logbook entries identify particulars of the voyage, including the name of the ship, official number, port of registry, tonnage, names and merchant mariner credential numbers of the master and crew, the nature of the voyage, and class of ship. In addition, it also contains entries for the vessel's drafts, maintenance of watertight integrity of the ship, drills and inspections, crew list and report of character, a summary of laws applicable to Official Logbooks, and miscellaneous entries.

    Need: Title 46, United States Code (U.S.C.) 11301, 11302, 11303, and 11304 require applicable merchant vessels to maintain an Official Logbook. The Official Logbook contains information about the vessel, voyage, crew, and watch. Lack of these particulars would make it difficult for a seaman to verify vessel employment and wages, and for the Coast Guard to verify compliance with laws and regulations concerning vessel operations and safety procedures. The Official Logbook serves as an official record of recordable events transpiring at sea such as births, deaths, marriages, disciplinary actions, etc. Absent the Official Logbook, there would be no official civil record of these events. The courts accept log entries as proof that the logged event occurred. If this information was not collected, the Coast Guard's commercial vessel safety program would be negatively impacted, as there would be no official record of U.S. merchant vessel voyages. Similarly, those seeking to prove that an event required to be logged occurred would not have an official record available.

    Forms: CG-706B, Official Logbook.

    Respondents: Shipping companies.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated annual burden remains at 1,750 hours a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: November 8, 2018. James D. Roppel, U.S. Coast Guard, Acting Chief, Office of Information Management.
    [FR Doc. 2018-25149 Filed 11-16-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-1043] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0099 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: 1625-0099, Requirements for the Use of Liquefied Petroleum Gas and Compressed Natural Gas as Cooking Fuel on Passenger 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 January 18, 2019.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2018-1043] 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:

    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-2018-1043], and must be received by January 18, 2019.

    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: Requirements for the Use of Liquefied Petroleum Gas and Compressed Natural Gas as Cooking Fuel on Passenger Vessels.

    OMB Control Number: 1625-0099.

    Summary: The collection of information requires passenger vessels to post two placards that contain safety and operating instructions on the use of cooking appliances that use liquefied gas or compressed natural gas.

    Need: Title 46 U.S.C. 3306-(a)-(5) authorizes the Coast Guard to prescribe regulations for the use of vessel stores of a dangerous nature. These regulations are prescribed in both uninspected and inspected passenger vessel regulations.

    Forms: None.

    Respondents: Owners and operators of passenger vessels.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden has increased from 6,429 hours to 6,758 hours a year due to an increase in the estimated annual number of respondents.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: November 8, 2018. James D. Roppel, U.S. Coast Guard, Acting Chief, Office of Information Management.
    [FR Doc. 2018-25152 Filed 11-16-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-0882] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0047 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: 1625-0047, Plan Approval and Records for Vital System Automation; without change. Our ICR describe 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 January 18, 2019.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2018-0882] 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:

    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-2018-0882], and must be received by January 18, 2019.

    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: Plan Approval and Records for Vital System Automation.

    OMB Control Number: 1625-0047.

    Summary: This collection pertains to the vital system automation on commercial vessels that is necessary to protect personnel and property on board U.S.-flag vessels.

    Need: 46 U.S.C. 3306 authorizes the Coast Guard to promulgate regulations for the safety of personnel and property on board vessels. Various sections within parts 61 and 62 of Title 46 of the Code of Federal Regulations contain these rules.

    Forms: None.

    Respondents: Owners, operators, shipyards, designers, and manufacturers of certain vessels.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden has increased from 46,500 hours to 68,475 hours a year due to an increase in the estimated annual number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: November 8, 2018. James D. Roppel, U.S. Coast Guard, Acting Chief, Office of Information Management.
    [FR Doc. 2018-25150 Filed 11-16-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-1042] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0070 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: 1625-0070, Vessel Identification System; 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 January 18, 2019.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2018-1042] 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:

    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-2018-1042], and must be received by January 18, 2019.

    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: Vessel Identification System.

    OMB Control Number: 1625-0070.

    Summary: The Coast Guard established a nationwide vessel identification system (VIS) and centralized certain vessel documentation functions. VIS provides participating States and Territories with access to data on vessels numbered by states and Territories. Participation in VIS is voluntary.

    Need: Title 46 U.S.C. 12501 mandates the establishment of a VIS. Title 33 CFR part 187 prescribes the requirements of VIS.

    Forms: None.

    Respondents: Governments of States and Territories.

    Frequency: Occasionally.

    Hour Burden Estimate: The estimated burden has increased from 5,168 hours to 5,792 hours a year due to an increase in the estimated annual number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: November 8, 2018. James D. Roppel, U.S. Coast Guard, Acting Chief, Office of Information Management.
    [FR Doc. 2018-25151 Filed 11-16-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0122] Agency Information Collection Activities: Screening Requirements for Carriers AGENCY:

    U.S. Customs and Border Protection (CBP), Department of Homeland Security.

    ACTION:

    30-Day notice and request for comments; extension of an existing collection of information.

    SUMMARY:

    The Department of Homeland Security, U.S. Customs and Border Protection 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 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.

    DATES:

    Comments are encouraged and will be accepted (no later than December 19, 2018) to be assured of consideration.

    ADDRESSES:

    Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional PRA information should be directed to Seth Renkema, Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC 20229-1177, Telephone number (202) 325-0056 or via email [email protected] Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP website at https://www.cbp.gov/.

    SUPPLEMENTARY INFORMATION:

    CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (Volume 83 FR Page 34855) on July 23, 2018, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.8. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and (4) suggestions 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, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval. All comments will become a matter of public record.

    Overview of This Information Collection

    Title: Screening Requirements for Carriers.

    OMB Number: 1651-0122.

    Current Actions: CBP proposes to extend the expiration date of this information collection with a decrease to the burden hours due to updated agency estimates. There is no change to the information collected.

    Type of Review: Extension (without change).

    Affected Public: Carriers.

    Abstract: Section 273(e) of the Immigration and Nationality Act (8 U.S.C. 1323(e) the Act) authorizes the Department of Homeland Security to establish procedures which carriers must undertake for the proper screening of their alien passengers prior to embarkation at the port from which they are to depart for the United States, in order to become eligible for an automatic reduction, refund, or waiver of a fine imposed under section 273(a)(1) of the Act. The screening procedures are set forth in 8 CFR 273.3. As provided in 8 CFR 273.4, to be eligible to obtain such an automatic reduction, refund, or waiver of a fine, the carrier must provide evidence to CBP that it screened all passengers on the conveyance in accordance with the procedures listed in 8 CFR 273.3.

    Some examples of the evidence the carrier may provide to CBP include: A description of the carrier's document screening training program; the number of employees trained; information regarding the date and number of improperly documented aliens intercepted by the carrier at the port(s) of embarkation; and any other evidence to demonstrate the carrier's efforts to properly screen passengers destined for the United States.

    Estimated Number of Respondents: 41.

    Estimated Time per Respondent: 100 hours.

    Estimated Total Annual Burden Hours: 4,100.

    Dated: November 13, 2018. Seth D. Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.
    [FR Doc. 2018-25092 Filed 11-16-18; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Soft Target Countermeasure Surveys AGENCY:

    Office of Infrastructure Protection (IP), National Protection and Programs Directorate (NPPD), Department of Homeland Security (DHS).

    ACTION:

    30-Day notice and request for comments; new collection, 1670-NEW.

    SUMMARY:

    DHS NPPD IP will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. NPPD IP has contracted a study to analyze a broad set of business security measures in terms of their costs and spillover effects, with an emphasis on identifying security measures that had a positive effect. To do so, the study team will survey the businesses' customers to evaluate the public's perceptions of the security measures, and evaluate the enhanced security measures on business operations and customer responses. DHS previously published this ICR in the Federal Register on Tuesday, June 19, 2018 for a 60-day public comment period. 0 comments were received by DHS. The purpose of this notice is to allow an additional 30 days for public comments. To provide greater transparency, NPPD is making an adjustment from the 60-day notice to show all related costs from the 60-day notice Supporting Statement A within the text of the 30-day notice.

    DATES:

    Comments are encouraged and will be accepted until December 19, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to OMB Desk Officer, Department of Homeland Security and sent via electronic mail to [email protected]. All submissions must include the words “Department of Homeland Security” and the OMB Control Number 1670-NEW—Soft Target Countermeasure Surveys.

    Comments submitted in response to this notice may be made available to the public through relevant websites. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary information. If you send an email comment, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. Please note that responses to this public comment request containing any routine notice about the confidentiality of the communication will be treated as public comments that may be made available to the public notwithstanding the inclusion of the routine notice.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Bill Schweigart at 703-603-5148 or at [email protected].

    SUPPLEMENTARY INFORMATION:

    Title II of the Homeland Security Act of 2002 (Pub. L. 107-296), as amended (2006), directs the DHS to coordinate all Federal homeland security activities, including infrastructure protection. On behalf of DHS, NPPD IP manages the Department's program to protect and enhance the resilience of the Nation's physical and cyber infrastructure within the 16 critical infrastructure sectors designated by Presidential Policy Directive 21 Critical Infrastructure Security and Resilience (PPD-21) (February 2013) by implementing the National Infrastructure Protection Plan (NIPP) 2013: Partnering for Critical Infrastructure Security and Resilience. NPPD IP accomplishes their mission by building sustainable partnerships with its public and private sector stakeholders to enable more effective sector coordination, information sharing, and program development and implementation.

    The Homeland Security Act of 2002, as amended (2006), also grants DHS the authority to create university-based Centers of Excellence (COEs) using grants, cooperative agreements and contracts. The COEs are authorized by Congress and selected by DHS Science and Technology Directorate (S&T) through a competitive selection process. Among the COEs is The National Center for Risk & Economic Analysis of Terrorism Events (CREATE) at The University of Southern California. The Strategic Sourcing Program Office for DHS has approved the Basic Ordering Agreements (BOAs) for DHS-wide use. Any and all DHS Components requiring the research, analysis, and/or services of the COEs described in the COE BOAs may issue Task Orders under the BOAs through their assigned warranted Contracting Officers.

    NPPD IP has contracted a study through the approved BOA with CREATE to analyze a broad set of security measures used in the Commercial Facilities critical infrastructure sector in terms of their costs and spillover effects, with an emphasis on identifying security measures that had a positive effect. This includes examining a broad range of measures including increased police/security guard presence and other non- or less-invasive options. The study team will work with business leaders to identify locations that have implemented various security measures already, and develop and administer surveys for statistical analysis and modeling. Additionally, the study team will survey the businesses' customers to evaluate the public's perceptions of the security measures, and evaluate the enhanced security measures on business operations and customers' responses.

    CREATE will work with NPPD personnel to identify locations that have implemented various security measures already, and develop and administer surveys for statistical analysis and modeling. Management professionals (Chief Operating Officers, Head of Marketing, and Head of Security) from five selected businesses will be asked questions tailored to the five specific businesses regarding current and planned safety measures, management understanding of customer perceptions of security measures, management beliefs about the impacts of security measures, management beliefs about how security measures change customer behaviors and business volume, and some select demographic information. This will be conducted as a structured interview, herein referred to as “Business Structured Interview”, and is needed to obtain necessary and relevant data for subsequent economic analyses. The purpose of these analyses is to evaluate whether specific counterterrorism efforts have a negative or positive impact on the company in question.

    CREATE will administer a customer survey, herein referred to as “Customer Survey”, regarding awareness of countermeasures in the Commercial Facilities sector, attitudes and perceptions toward safety, impacts (physical, psychological, and monetary) countermeasures have on customers, and select demographic and individual difference questions. There will be five variations of this survey targeted to each of the five specific businesses with slight variations in the language as a result, however the same information is being sought from the groups. These surveys are intended to create an understanding of the impacts of security countermeasures on customers/visitors' perceptions and behaviors at each of the specific target businesses selected.

    Information will be analyzed to determine whether the spillover effects are positive and negative and to what extent. Statistical analysis of the results will identify the direct impacts. These will be fed into an economy-wide modeling approach known as computable general equilibrium (CGE) analysis to determine the “ripple” effects on the entire local economy. The analysis will be performed with an eye toward uncertainty analysis, as well in terms of the framing of survey questions and, rigorously specifying the confidence intervals for the statistical results.

    The DHS and CREATE research team will use the information being collected in order to inform the study described above.

    The Business Structured Interview will be conducted as interviews, either in-person or via video conferencing that will have a list of questions to help structure and guide discussions. The Customer Survey will be created and sent utilizing a professional-grade software, “Research Core,” by Qualtrics. The software allows the researchers to send customized email invitations to respondents, track their progress, and prevent fraud and abuse of the survey.

    This is a new information collection.

    OMB is particularly interested in comments that:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

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

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

    Title of Collection: Soft Target Countermeasure Surveys.

    OMB Control Number: 1670-NEW.

    Frequency: Annually.

    Affected Public: Private and Public Sector.

    Number of Respondents: 2020.

    Estimated Time per Respondent: 25 minutes.

    Total Burden Hours: 677 hours.

    Total Respondent Opportunity Costs: $24,129.

    Total Respondent Out-of-Pocket Cost: $0.

    Total Government Cost: $300,000.

    Scott Libby, Deputy Chief Information Officer.
    [FR Doc. 2018-25162 Filed 11-16-18; 8:45 am] BILLING CODE 9110-9P-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement [1653-0041] Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Designation of Attorney in Fact/Revocation of Attorney in Fact AGENCY:

    U.S. Immigration and Customs Enforcement, Department of Homeland Security.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Homeland Security, U.S. Immigration and Customs Enforcement (USICE) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. This proposed information collection was previously published in the Federal Register (83 FR 44642) on August 31, 2018, allowing for a 30-day comment period. USICE received no comments during this period. Based on better estimates, ICE is making an adjustment from the 60-day notice to reflect a decrease in the number of respondents. The purpose of this notice is to allow an additional 30 days for public comments.

    DATES:

    Comments are encouraged and will be accepted until December 19, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Immigration and Customs Enforcement, Department of Homeland Security, and sent via electronic mail to [email protected]. All submissions must include the words “Department of Homeland Security” and the OMB Control Number 1653-0041.

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

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

    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Extension, Without Change, of a Currently Approved Collection.

    (2) Title of the Form/Collection: Designation of Attorney in Fact/Revocation of Attorney in Fact.

    (3) Agency form number, if any, and the applicable component of DHS sponsoring the collection: Forms I-312 and I-312A, USICE.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State, Local, or Tribal Government. The data collected on Form I-312 is used by ICE to ensure that an Obligor presents an official request for remittance of collateral security and/or accrued interest to a duly appointed Attorney In Fact for an Obligor when the Obligor chooses to invoke this option. The data collected on Form I-312A is used by ICE to ensure that an Obligor's intent to expressly revoke a previously valid Attorney In Fact designation is properly documented.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 700 responses at 1 hour (60 minutes).

    (6) An estimate of the total public burden (in hours) associated with the collection: 700 hours.

    (7) An estimate of the total public burden (in cost) associated with the collection: $20,300.

    Dated: November 13, 2018. Scott Elmore, PRA Clearance Officer, Office of the Chief Information Officer, U.S. Immigration and Customs Enforcement, Department of Homeland Security.
    [FR Doc. 2018-25098 Filed 11-16-18; 8:45 am] BILLING CODE 9111-28-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2004-19515] Intent To Request Extension From OMB of One Current Public Collection of Information: Air Cargo Security Requirements 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 1652-0040, 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. This ICR involves three broad categories of affected populations operating under a security program: Aircraft operators, foreign air carriers, and indirect air carriers. The collections of information that make up this ICR include security programs, security threat assessments (STA) on certain individuals, known shipper data via the Known Shipper Management System (KSMS), Indirect Air Carrier Management System (IACMS), and evidence of compliance recordkeeping.

    DATES:

    Send your comments by January 18, 2019.

    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 1652-0040 Air Cargo Security Requirements, 49 CFR parts 1515, 1540, 1542, 1544, 1546, and 1548. Under the authority of 49 U.S.C. 44901, TSA's regulations impose screening requirements for cargo and other property transported on commercial aircraft (passenger and all-cargo). Chapter XII of title 49, Code of Federal Regulations defines how TSA screens all property, including U.S. mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard passenger and cargo aircraft. Pursuant to the requirements of the 9/11 Commission Act of 2007, TSA now screens 100 percent of cargo transported on passenger aircraft and continues to improve cargo security with a multi-layered approach to cargo screening. Collections of information associated with these cargo screening requirements fall under OMB control number 1652-0053.

    The extension of this ICR is necessary to ensure compliance with TSA's regulations covering the acceptance, handling, and screening of cargo transported by air. The uninterrupted collection of this information will allow TSA to continue to ensure implementation of these vital security measures for the protection of the traveling public.

    Data Collection

    This information collection requires entities regulated by TSA, which includes aircraft operators, foreign air carriers, and indirect air carriers (IACs), to collect certain information as part of the implementation of a standard security program, to submit modifications to the standard security program to TSA for approval, and update such programs as necessary. As part of these security programs, the regulated entities must also collect personal information and submit such information to TSA so that TSA may conduct STAs on individuals with unescorted access to cargo. This includes each individual who is a general partner, officer, or director of an IAC or an applicant to be an IAC, and certain owners of an IAC or an applicant to be an IAC; and any individual who has responsibility for screening cargo under 49 CFR parts 1544, 1546, or 1548.

    Further, both companies and individuals whom aircraft operators, foreign air carriers, and IACs have qualified to ship cargo on passenger aircraft, also referred to as “known shippers,” must submit information to TSA. This information is collected electronically through the KSMS. In accordance with TSA security program requirements, regulated entities may use an alternate manual submission method to identify known shippers.

    Regulated entities must also enter into IACMS the information required from applicants requesting to be approved as IACs in accordance with 49 CFR 1548.7 and the information required for their IAC annual renewal. Regulated entities must also maintain records, including records pertaining to security programs, training, and compliance to demonstrate adherence with the regulatory requirements. These records must be made available to TSA upon request. The forms used in this collection of information include the Aviation Security Known Shipper Verification Form and the Security Threat Assessment Application.

    Estimated Burden Hours

    This ICR covers multiple activities. TSA estimates that there will be—

    (1) 4,050 annual respondents regarding Security Programs, for an annual hour burden of 16,403;

    (2) 98,500 respondents applying for an STA, for an annual hour burden of 24,625;

    (3) 26,700 respondents accessing the KSMS, for an annual hour burden of 23,872; and

    (4) 4,050 annual respondents (these respondents are the same respondents identified in (1) above)) to the recordkeeping requirement, for an annual hour burden of 8,208 hours.

    Comprehensively, TSA estimates a total annual hour burden of 73,108 hours for this collection.

    Dated: November 14, 2018. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Information Technology.
    [FR Doc. 2018-25203 Filed 11-16-18; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-HQ-IA-2018-0052; FXIA16710900000-178-FF09A30000] Foreign Endangered Species; Marine Mammals; Receipt of Permit Applications AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of permit applications.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA) and foreign or native species for which the Service has jurisdiction under the Marine Mammal Protection Act (MMPA). With some exceptions, the ESA and the MMPA prohibit activities with listed species unless Federal authorization is issued that allows such activities. The ESA and MMPA also require that we invite public comment before issuing permits for endangered species or marine mammals.

    DATES:

    We must receive comments by December 19, 2018.

    ADDRESSES:

    Obtaining Documents: The applications, application supporting materials, and any comments and other materials that we receive will be available for public inspection at http://www.regulations.gov in Docket No. FWS-HQ-IA-2018-0052.

    Submitting Comments: When submitting comments, please specify the name of the applicant and the permit number at the beginning of your comment. You may submit comments by one of the following methods:

    Internet: http://www.regulations.gov. Search for and submit comments on Docket No. FWS-HQ-IA-2018-0052.

    U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. FWS-HQ-IA-2018-0052; U.S. Fish and Wildlife Service Headquarters, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

    For more information, see Public Comment Procedures under SUPPLEMENTARY INFORMATION.

    FOR FURTHER INFORMATION CONTACT:

    Brenda Tapia, by phone at 703-358-2104, via email at [email protected], or via the Federal Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    I. Public Comment Procedures A. How do I comment on submitted applications?

    You may submit your comments and materials by one of the methods in ADDRESSES. We will not consider comments sent by email or fax, or to an address not in ADDRESSES. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES).

    When submitting comments, please specify the name of the applicant and the permit number at the beginning of your comment. Provide sufficient information to allow us to authenticate any scientific or commercial data you include. The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) those that include citations to, and analyses of, the applicable laws and regulations.

    B. May I review comments submitted by others?

    You may view and comment on others' public comments on http://www.regulations.gov, unless our allowing so would violate the Privacy Act (5 U.S.C. 552a) or Freedom of Information Act (5 U.S.C. 552).

    C. Who will see my comments?

    If you submit a comment at http://www.regulations.gov, your entire comment, including any personal identifying information, will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, such as your address, phone number, or email address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Moreover, 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.

    II. Background

    To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and section 104(c) of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), we invite public comments on permit applications before final action is taken. With some exceptions, the ESA prohibits/ESA and MMPA prohibit/MMPA prohibits activities with listed species unless Federal authorization is issued that allows such activities. Permits issued under section 10 of the ESA allow activities for scientific purposes or to enhance the propagation or survival of the affected species. Regulations regarding permit issuance under the ESA are in title 50 of the Code of Federal Regulations in part 17. ESA permits cover a wide range of activities pertaining to foreign listed species, including import, export, and activities in the United States. Concurrent with publishing this notice in the Federal Register, we are forwarding copies of the marine mammal applications to the Marine Mammal Commission and the Committee of Scientific Advisors for their review.

    III. Permit Applications

    We invite comments on the following applications.

    A. Endangered Species Applicant: Omaha's Henry Doorly Zoo & Aquarium, Omaha, NE; Permit No. 78380C

    The applicant requests a permit to import one live captive-bred male Siberian tiger (Panthera tigris altaica) Zoo de Granby, Granby, Quebec, Canada for the purpose of enhancing the propagation or survival of the species. This notification is for a single import.

    Applicant: U.S. Geological Survey, Missoula, MT; Permit No. 80989C

    The applicant requests authorization to import skin and mouth swabs from wild Sonora tiger salamanders (Ambystoma tigrinum stebbinsi), taken in Sonora, Mexico, for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: University of Texas at Arlington, Amphibian and Reptile Diversity Research Center, Arlington, TX, Permit No. 93328C

    The applicant requests authorization to export and reimport nonliving museum specimens of endangered and threatened species previously accessioned into the applicant's collection for scientific research. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: University of Utah dba Natural History Museum of Utah, Salt Lake City, UT; Permit No. 166772

    The applicant requests authorization to export and reimport nonliving museum specimens of endangered and threatened species previously accessioned into the applicant's collection for scientific research. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Oregon Wildlife Foundation, Douglas, AZ; Permit No. 60203C

    The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for slender-horned gazelle (Gazella leptoceros) to enhance the propagation or survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Maria de Lourdes Martinez Estevez, University of California Santa Cruz, Santa Cruz, CA; Permit No. 77865C

    The applicant requests a permit to import 189 skin and shell samples derived from the hawksbill sea turtles (Eretmochelys imbricata) from Grupo Tortuguero de las Californias A.C., La Paz, Baja California Sur, Mexico, for scientific research purposes. This notification is for a single import.

    Applicant: Arthur Bogan, NC Museum of Natural Sciences, Raleigh, NC; Permit No. 86122C

    The applicant requests authorization to export biological samples from captive bred Louisiana pearlshell mussels (Margaritifera hembeli) and Alabama pearlshell mussels (Margaritifera marrianae) for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Turtle Back Zoo, West Orange, NJ; Permit No. 75693A

    The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for the following species: Komodo monitor (Varanus komodoensis), African penguin (Spheniscus demersus), Andean condor (Vultur gryphus), white-naped crane (Grus vipio), white-cheeked gibbon (Nomascus leucogenys), maned wolf (Chrysocyon brachyurus), snow leopard (Uncia uncia), spotted leopard (Panthera pardus), and African lion (Panthera leo), to enhance the propagation or survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Great Plains Zoo, Sioux Falls, SD; Permit No. 84932C

    The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for the following species: Ring-tailed lemur (Lemur catta), Siamang gibbon (Symphalangus syndactylus), Siberian tiger (Panthera tigris altaica), snow leopard (uncia uncia), African lion (Panthera leo), black rhinoceros (Diceros bicornis), African wild dog (Lycaon pictus), cheetah (Acinonyx jubatus), Komodo monitor (Varanus komodoensis), Galapagos tortoise (Chelonoidis nigra), Panamanian golden frog (Atelopus varius zeteki), and Chinese alligator (Alligator sinensis), to enhance the propagation or survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Surprise Spring Foundation, Prescott, AZ; Permit No. 93748A

    The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for the following species: radiated tortoise (Astrochelys radiata), yellow-spot river turtle (Podocnemis unifilis), Galapagos tortoise (Chelonoidis nigra), and spotted pond turtle (Geoclemys hamiltonii) to enhance the propagation or survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Michael Burroughs, Las Vegas, NV; Permit No. 94167A

    The applicant requests renewal of a captive-bred wildlife registration under 50 CFR 17.21(g) for radiated tortoise (Astrochelys radiata) to enhance the propagation or survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Kevin Loewengruber, Southgate, MI; Permit No. 84345C

    The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for radiated tortoise (Astrochelys radiata) to enhance the propagation or survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: H. Yturria Land and Cattle Co., Brownsville, TX; Permit No. 86124C

    The applicant requests a permit authorizing the culling of excess red lechwe (Kobus leche) from the captive herd maintained at their facility, to enhance the species' propagation and survival. This notification covers activities to be conducted by the applicant over a 5-year period.

    Multiple Applicants

    The following applicants request permits to import sport-hunted trophies of male bontebok (Damaliscus pygargus pygargus) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancing the propagation or survival of the species.

    Applicant: Richard Prager, Greenwich, CT; Permit No. 93301C Applicant: Roger Bennett, Ardmore, TN; Permit No. 93048C Applicant: Ronald Williams, Midland, TX; Permit No. 87946C Applicant: Aaron Kik, Lowell, MI; Permit No. 87966C Applicant: John Lortscher, Moneta, VA; Permit No. 90004C Applicant: Mike Cunningham, Georgetown, TX; Permit No. 86992C B. Endangered Marine Mammals and Marine Mammals Applicant: U.S. Fish and Wildlife Service, Anchorage, AK; Permit No. 82088B

    The applicant requests authorization to renew and amend their permit to conduct research activities on polar bears (Ursus maritimus) and export and import biological samples for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 5-year period.

    IV. Next Steps

    If we issue permits to any of the applicants listed in this notice, we will publish a notice in the Federal Register. You may locate the notice announcing the permit issuance by searching http://www.regulations.gov for the permit number listed above in this document. For example, to find information about the potential issuance of Permit No. 12345A, you would go to regulations.gov and search for “12345A”.

    V. Authority

    We issue this notice under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and its implementing regulations, and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and its implementing regulations.

    Brenda Tapia, Program Analyst/Data Administrator, Branch of Permits, Division of Management Authority.
    [FR Doc. 2018-25120 Filed 11-16-18; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-HQ-IA-2018-0085; FXIA16710900000-178-FF09A30000] Foreign Endangered Species; Receipt of Permit Application AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of permit application.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, invite the public to comment on an application to conduct certain activities with a foreign species that is listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for endangered species.

    DATES:

    We must receive comments by December 19, 2018.

    ADDRESSES:

    Obtaining Documents: The application, application supporting materials, and any comments and other materials that we receive will be available for public inspection at http://www.regulations.gov in Docket No. FWS-HQ-IA-2018-0085.

    Submitting Comments: When submitting comments, please specify the name of the applicant and the permit number at the beginning of your comment. You may submit comments by one of the following methods:

    Internet: http://www.regulations.gov. Search for and submit comments on Docket No. FWS-HQ-IA-2018-0085.

    U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. FWS-HQ-IA-2018-0085; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

    For more information, see Public Comment Procedures under SUPPLEMENTARY INFORMATION.

    FOR FURTHER INFORMATION CONTACT:

    Brenda Tapia, by phone at 703-358-2104, via email at [email protected], or via the Federal Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    I. Public Comment Procedures A. How do I comment on submitted applications?

    You may submit your comments and materials by one of the methods in ADDRESSES. We will not consider comments sent by email or fax, or to an address not in ADDRESSES. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES).

    When submitting comments, please specify the name of the applicant and the permit number at the beginning of your comment. Provide sufficient information to allow us to authenticate any scientific or commercial data you include. The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) those that include citations to, and analyses of, the applicable laws and regulations.

    B. May I review comments submitted by others?

    You may view and comment on others' public comments on http://www.regulations.gov, unless our allowing so would violate the Privacy Act (5 U.S.C. 552a) or Freedom of Information Act (5 U.S.C. 552).

    C. Who will see my comments?

    If you submit a comment at http://www.regulations.gov, your entire comment, including any personal identifying information, will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, such as your address, phone number, or email address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Moreover, 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.

    II. Background

    To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), we invite public comments on permit applications before final action is taken. With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. Permits issued under section 10 of the ESA allow activities for scientific purposes or to enhance the propagation or survival of the affected species. Regulations regarding permit issuance under the ESA are in title 50 of the Code of Federal Regulations in part 17. ESA permits cover a wide range of activities pertaining to foreign listed species, including import, export, and activities in the United States.

    III. Permit Application

    We invite comments on the following application.

    Applicant: U.S. Fish and Wildlife Service, Ajo, AZ; Permit No. 88065C

    The applicant requests a permit to export up to six captive-born Sonora pronghorn (Antilocapra americana sonoriensis) to the Comision de Ecologia y Desarrollo Sustentable del Estado de Sonora—(CEDES), Sonora, Mexico, for reintroduction into the wild for the purpose of enhancing the propagation or survival of the species. This notification is for a single export.

    IV. Next Steps

    If we issue a permit to the applicant listed in this notice, we will publish a notice in the Federal Register. You may locate the notice announcing the permit issuance by searching http://www.regulations.gov for the permit number listed above in this document. That is, to find information about the potential issuance of Permit No. 88065C, you would go to http://www.regulations.gov and search for “88065C”.

    V. Authority

    We issue this notice under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and its implementing regulations.

    Brenda Tapia, Program Analyst/Data Administrator, Branch of Permits, Division of Management Authority.
    [FR Doc. 2018-25121 Filed 11-16-18; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900 253G; OMB Control Number 1076-0134] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Student Transportation Form AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Education (BIE) are proposing to renew an information collection.

    DATES:

    Interested persons are invited to submit comments on or before December 19, 2018.

    ADDRESSES:

    Send written comments on this information collection request (ICR) to the Office of Management and Budget's Desk Officer for the Department of the Interior by email at [email protected]; or via facsimile to (202) 395-5806. Please provide a copy of your comments to Dr. Joe Herrin, Bureau of Indian Education, 1849 C Street NW, MS-3620-MIB, Washington, DC 20240; facsimile: (202) 208-7658; email: [email protected] Please reference OMB Control Number 1076-0134 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Dr. Joe Herrin, phone: (202) 208-7658. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    A Federal Register notice with a 60-day public comment period soliciting comments on this collection of information was published on April 16, 2018 (83 FR 16380). No comments were received.

    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 BIE; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BIE enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BIE minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The BIE is requesting renewal of OMB approval for the Student Transportation Form. The Student Transportation regulations in 25 CFR part 39, subpart G, contain the program eligibility and criteria that govern the allocation of transportation funds. Information collected from the schools will be used to determine the rate per mile. The information collection provides transportation mileage for Bureau-funded schools, which determines the allocation of transportation funds. This information is collected using a web-based system, Web Education Transportation (Web ET).

    Title of Collection: Student Transportation Form.

    OMB Control Number: 1076-0134.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Contract and Grant schools; Bureau-operated schools.

    Total Estimated Number of Annual Respondents: 183 per year, on average.

    Total Estimated Number of Annual Responses: 183 per year, on average.

    Estimated Completion Time per Response: Two hours.

    Total Estimated Number of Annual Burden Hours: 366 hours.

    Respondent's Obligation: Required to Obtain a Benefit.

    Frequency of Collection: Once per year.

    Total Estimated Annual Nonhour Burden Cost: $0.

    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).

    Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.
    [FR Doc. 2018-25172 Filed 11-16-18; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [190A2100DD/AAKC001030/A0A501010.999900 253G; OMB Control Number 1076-0047] Agency Information Collection Activities; Reindeer in Alaska AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA) are proposing to renew an information collection.

    DATES:

    Interested persons are invited to submit comments on or before December 19, 2018.

    ADDRESSES:

    Send written comments on this information collection request (ICR) to the Office of Management and Budget's Desk Officer for the Department of the Interior by email at [email protected]; or via facsimile to (202) 395-5806. Please provide a copy of your comments to Mr. Keith Kahklen, Natural Resources Manager, Bureau of Indian Affairs, P.O. Box 21647, Juneau, Alaska 99802-6147; email: [email protected]; facsimile: (907) 586-7120. Please reference OMB Control Number 1076-0047 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact: Mr. Keith Kahklen, phone: (907) 586-7618. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    A Federal Register notice with a 60-day public comment period soliciting comments on this collection of information was published on April 9, 2018 (83 FR 15172). One comment was received, but the comment was not substantive.

    We are again soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BIA; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BIA enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BIA minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The Bureau of Indian Affairs (BIA) is seeking renewal of the approval for the information collection conducted under 25 CFR part 243, Reindeer in Alaska, which is used to monitor and regulate the possession and use of Alaskan reindeer by non-Natives in Alaska. The information to be provided includes an applicant's name and address, and where an applicant will keep the reindeer. The applicant must fill out an application for a permit to get a reindeer for any purpose, and is required to report on the status of reindeer annually or when a change occurs, including changes prior to the date of the annual report. This information collection utilizes four forms. A response is required to obtain and/or retain a benefit.

    Title of Collection: Reindeer in Alaska.

    OMB Control Number: 1076-0047.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Non-Indians who wish to possess Alaskan reindeer.

    Total Estimated Number of Annual Respondents: 4 per year, on average (1 respondent for the Sale Permit for Alaska Reindeer, 1 respondent for the Sale Report Form for Alaska Reindeer, 1 respondent for the Special Use Permit for Alaskan Reindeer, and 1 respondent for the Special Use Reindeer Report).

    Total Estimated Number of Annual Responses: 4.

    Estimated Completion Time per Response: 5 minutes for the Sale Permit and Report forms; and 10 minutes for the Special Use Permit and Report forms, on average.

    Total Estimated Number of Annual Burden Hours: 30 minutes.

    Respondent's Obligation: Required to Obtain a Benefit.

    Frequency of Collection: Once a year, on average.

    Total Estimated Annual Nonhour Burden Cost: None.

    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).

    Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.
    [FR Doc. 2018-25171 Filed 11-16-18; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [190A2100DD/AAKC001030/A0A501010.999900 253G; OMB Control Number 1076-0149, 1076-0152, and 1076-0158] Agency Information Collection Activities; Class III Gaming Procedures, Tribal Revenue Allocation Plans, and Gaming on Trust Lands Acquired After October 17, 1988 AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Assistant Secretary—Indian Affairs (AS-IA) proposing to renew three information collections.

    DATES:

    Interested persons are invited to submit comments on or before January 18, 2019.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail to Ms. Paula Hart, U.S. Department of the Interior, Office of Indian Gaming, 1849 C Street NW, Mail Stop 3657, Washington, DC 20240; email: [email protected]. Please reference OMB Control Numbers 1076-0149, 1076-0152, and 1076-0158 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Ms. Paula Hart, U.S. Department of the Interior, Office of Indian Gaming, telephone: 202-219-4066.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    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 AS-IA; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the AS-IA enhance the quality, utility, and clarity of the information to be collected; and (5) how might the AS-IA 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 can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The collection of information ensure that the provisions of the Indian Gaming Regulatory Act (IGRA) and other applicable requirements are met when federally recognized Tribes submit Class III procedures for review and approval by the Secretary of the Interior. Sections 291.4, 291.10, 291.12 and 291.15 of 25 CFR 291, Class III Gaming Procedures, specify the information collection requirement. An Indian Tribe must ask the Secretary to issue Class III gaming procedures. The information to be collected includes: The name of the Tribe, the name of the State, Tribal documents, State documents, regulatory schemes, the proposed procedures, and other documents deemed necessary.

    Title of Collection: Class III Gaming Procedures.

    OMB Control Number: 1076-0149.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Federally recognized Indian Tribes.

    Total Estimated Number of Annual Respondents: 12.

    Total Estimated Number of Annual Responses: 12.

    Estimated Completion Time per Response: 320 hours.

    Total Estimated Number of Annual Burden Hours: 3,840 hours.

    Respondent's Obligation: Required to Obtain a Benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Nonhour Burden Cost: $0.

    Abstract: An Indian tribe must ask the Secretary to approve a Tribal revenue allocation plan. In order for Indian Tribes to distribute net gaming revenues in the form of per capita payments, information is needed by the AS-IA to ensure that Tribal revenue allocation plans include: (1) Assurances that certain statutory requirements are met, (2) a breakdown of the specifics used to which net gaming revenues will be allocated, (3) eligibility requirements for participation, (4) tax liability notification, and (5) the assurance of the protection and preservation of the per capita share of minors and legal incompetents. Sections 290.12, 290.17, 290.24 and 290.26 of 25 CFR part 290, Tribal Revenue Allocation Plans, specify the information collection requirement. The information to be collected includes: The name of the Tribe, Tribal documents, the allocation plan, and other documents deemed necessary.

    Title of Collection: Tribal Revenue Allocation Plans.

    OMB Control Number: 1076-0152.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Federally recognized Indian Tribes.

    Total Estimated Number of Annual Respondents: 20.

    Total Estimated Number of Annual Responses: 20.

    Estimated Completion Time per Response: 100 hours.

    Total Estimated Number of Annual Burden Hours: 2,000 hours.

    Respondent's Obligation: Required to Obtain a Benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Nonhour Burden Cost: $0.

    Abstract: The collection of information will ensure that the provisions of IGRA, Federal law, and the trust obligations of the United States are met when Federally recognized Tribes submit an application under 25 CFR part 292. The applications covered by this OMB Control No. are those seeking a secretarial determination that a gaming establishment on land acquired in trust after October 17, 1988, would be in the best interest of the Indian Tribe and its members, and would not be detrimental to the surrounding community.

    Title of Collection: Gaming on Trust Lands Acquired After October 17, 1988.

    OMB Control Number: 1076-0158.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Federally recognized Indian Tribes.

    Total Estimated Number of Annual Respondents: 2.

    Total Estimated Number of Annual Responses: 2.

    Estimated Completion Time per Response: 1,000 hours.

    Total Estimated Number of Annual Burden Hours: 2,000 hours.

    Respondent's Obligation: Required to Obtain a Benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Nonhour Burden Cost: $0.

    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.).

    Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.
    [FR Doc. 2018-25100 Filed 11-16-18; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [190A2100DD/AAKC001030/A0A501010.999900 253G; OMB Control Number 1076-0183] Agency Information Collection Activities; Secretarial Elections AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of Information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA) are proposing to renew an information collection.

    DATES:

    Interested persons are invited to submit comments on or before December 19, 2018.

    ADDRESSES:

    Send written comments on this information collection request (ICR) to the Office of Management and Budget's Desk Officer for the Department of the Interior by email at [email protected]; or via facsimile to (202) 395-5806. Please provide a copy of your comments to Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, Department of the Interior, 1849 C Street NW, Mail Stop 3645-MIB, Washington, DC 20240; or by email to Laurel Iron Cloud at [email protected] Please reference OMB Control Number 1076-0183 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Laurel Iron Cloud by email at [email protected], or by telephone at (202) 513-7641. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    A Federal Register notice with a 60-day public comment period soliciting comments on this collection of information was published on June 14, 2018 (83 FR 27795). No comments were received.

    We are again soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BIA; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BIA enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BIA minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: Under the Indian Reorganization Act, Indian tribes have the right to organize and adopt constitutions, bylaws, and any amendments thereto, and ratify charters of incorporation, through elections called by the Secretary of the Interior, according to rules prescribed by the Secretary. See 25 U.S.C. 476, 477, 503. The Secretary's rules for conducting these elections, known as “Secretarial elections,” and approving the results are at 25 CFR 81. In most cases, the tribe requests a Secretarial election; however, an individual voting member of a tribe may also request a Secretarial election by petition. These rules also establish the procedures for an individual to petition for a Secretarial election.

    BIA requires the tribe to submit a formal request for Secretarial election, including: A tribal resolution; the document or language to be voted on in the election; a list of all tribal members who are age 18 or older in the next 120 days (when the election will occur), including their last known addresses, voting districts (if any), and dates of birth, in an electronically sortable format.

    While much of the information the tribe prepares for a Secretarial election (e.g., list of members eligible to vote) would be required if the tribe instead conducted its own tribal election, the Secretary's rules establish specifics on what a tribal request or petition for election must contain. These specifics are necessary to ensure the integrity of Secretarial elections and allow Bureau of Indian Affairs (BIA) and tribal personnel the ability to consistently administer elections.

    Title of Collection: Secretarial Elections.

    OMB Control Number: 1076-0183.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Indian Tribes and their members.

    Total Estimated Number of Annual Respondents: 252,041.

    Total Estimated Number of Annual Responses: 252,041.

    Estimated Completion Time per Response: Varies from 15 minutes to 40 hours.

    Total Estimated Number of Annual Burden Hours: 64,305.

    Respondent's Obligation: Required to Obtain a Benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Nonhour Burden Cost: $126,000.

    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.).

    Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.
    [FR Doc. 2018-25179 Filed 11-16-18; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNVS00000.L19200000.ET0000.LRORF1708700.241A.XXX MO #4500125063] Notice of Withdrawal Extension Application, United States Air Force, Public Land Order No. 7419, and Opportunity for Public Meeting; Nevada AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Air Force (DAF), Nellis Air Force Base (AFB) has filed an application with the Department of the Interior to extend the duration of Public Land Order (PLO) No. 7419 for an additional 20-year term for the same military purpose and location. PLO No. 7419 withdrew 2,252 acres of public land from settlement, sale, location, or entry under the general land laws, including the United States mining laws, but not the mineral leasing laws. PLO No. 7419 was issued for the United States Air Force to provide safety buffers from potentially hazardous areas, to protect populated areas, and to comply with ammunition and explosives safety standards. This Notice gives the public an opportunity to comment on the withdrawal extension application and to request a public meeting. This Notice also amends PLO No. 7419's legal land description to reflect an amended land survey plat completed in 2016.

    DATES:

    All persons who wish to submit comments, suggestions, objections, or request a public meeting in connection with the withdrawal extension application may do so in writing until February 19, 2019.

    ADDRESSES:

    Comments on this withdrawal extension application and public meeting opportunity should be sent to the District Manager, Bureau of Land Management (BLM), Southern Nevada District Office, 4701 North Torrey Pines Drive, Las Vegas, NV 89130-2301.

    FOR FURTHER INFORMATION CONTACT:

    Tom Seley, Project Manager, BLM Southern Nevada District Office, at email [email protected] or call 702-515-5293. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The DAF, Nellis AFB, has filed an application with the Department of the Interior to extend the duration of PLO No. 7419 for an additional 20-year term. The PLO withdrew approximately 2,252 acres of public lands from settlement, sale, location or entry under the general land laws, including the United States mining laws, but not from leasing under the mineral leasing laws, subject to valid existing rights. The purpose of the withdrawal is for military use at Nellis AFB to provide safety buffers from potentially hazardous areas, to protect populated areas, and to facilitate DAF compliance with the Department of Defense (DOD) Directive No. 6055.09E regarding ammunition and explosives safety standards. The safety buffer zone includes security patrol roads and a security checkpoint. PLO No. 7419 will expire on December 8, 2019, unless it is extended.

    As required by Section 204(b)(1) of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1714(b)(1), and BLM regulations at 43 CFR part 2300, the BLM is publishing Notice of the DAF, Nellis AFB Application.

    This Notice amends the legal land description and acreage in PLO No. 7419, as noted on an amended plat accepted by the Nevada BLM Chief, Cadastral Survey on October 17, 2016. The lands withdrawn by PLO No. 7419 are described as follows:

    Mount Diablo Meridian, Nevada T. 19 S., R. 62 E., Sec. 25, lots 1 and 3, and S1/2NE1/4; Sec. 35, those portions of the SW1/4NW1/4, W1/2SE1/4NW1/4, and W1/2NW1/4SE1/4 as conveyed to the United States of America by Warranty Deed recorded October 19, 1999 in Book No. 991019, Instrument No. 00259, as Document No. 19991019.00259 in Clark County, Nevada. T. 19 S., R. 63 E., Sec. 27, NE1/4SE1/4 and W1/2SE1/4; Sec. 34, NE1/4. T. 20 S., R. 62 E., Sec. 1, lots 9 and 10, and lots 13 thru 20; Sec. 2, SE1/4SW1/4; Sec. 10, E1/2SE1/4; Sec. 11, lots 1 thru 8, E1/2NW1/4 and SW1/4; Sec. 12, lots 2 thru 7, and lots 12 and 13; Sec. 15, NW1/4NE1/4 and W1/2SW1/4NE1/4. T. 20 S., R. 63 E., unsurveyed, Sec. 3, SE1/4.

    The areas described contain approximately 2,125.90 acres in Clark County.

    The use of a right-of-way, interagency agreement, or cooperative agreement would not apply or provide adequate protection for safety buffers from potentially hazardous areas, protect populated areas, or comply with DOD Directive No. 6055.09E regarding ammunition and explosive safety standards.

    No water rights would be required to fulfill the purpose of the requested withdrawal extension.

    There are no suitable alternative sites since the lands described are contained within Nellis AFB.

    For a period until February 19, 2019, all persons who wish to submit comments, suggestions, or objections in connection with the withdrawal extension application may present their views in writing to the BLM District Manager at the address in the ADDRESSES section. Comments, including names and street addresses of respondents, will be available for public review at the BLM Southern Nevada District Office, during regular business hours, 8:00 a.m. to 4:30 p.m. Monday through Friday, except Federal holidays.

    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 to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Notice is hereby given that an opportunity for a public meeting may be afforded in connection with the proposed withdrawal extension. All interested persons who desire a public meeting for the purpose of being heard on the withdrawal extension application must submit a written request to the BLM District Manager, Southern Nevada District Office at the address in the ADDRESSES section, by February 19, 2019. If the authorized officer determines that a public meeting will be held, a notice of the date, time, and place will be published in the Federal Register, local newspapers, and posted on the BLM website at: https://www.blm.gov/media/press-releases at least 30 days before the scheduled date of the meeting.

    The withdrawal extension application will be processed in accordance with the regulations set forth in 43 CFR 2310.4.

    Brian C. Amme, Acting Nevada State Director.
    [FR Doc. 2018-25163 Filed 11-16-18; 8:45 am] BILLING CODE 4310-HC-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management Bureau of Indian Affairs [LLNM004400. L16100000.DO0000. LXSSG0690000 18XL1109AF] Notice of Availability of the Draft Oklahoma, Kansas, and Texas Joint Environmental Impact Statement/Bureau of Land Management Resource Management Plan and Bureau of Indian Affairs Integrated Resource Management Plan AGENCY:

    Bureau of Land Management, Interior; and Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of availability.

    SUMMARY:

    In accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) and Bureau of Indian Affairs (BIA) have prepared a Draft Joint Environmental Impact Statement (EIS)/BLM Draft Resource Management Plan (RMP) and BIA Integrated Resource Management Plan (IRMP) for the BLM Oklahoma Field Office, BIA Southern Plains Region, and BIA Eastern Oklahoma Region, and by this Notice is announcing the opening of the public comment period.

    DATES:

    To ensure that comments will be considered, the BLM and BIA must receive written comments on the Draft Joint EIS/BLM RMP and BIA IRMP within 90-days of the date the Environmental Protection Agency publishes its Notice of Availability for the Draft Joint EIS/BLM RMP and BIA IRMP in the Federal Register. The BLM and BIA will announce future public meetings, hearings, or other public participation activities at least 15 days in advance, through public notices, media releases, and/or direct mailings.

    ADDRESSES:

    You may submit comments related to the Draft Joint EIS/BLM RMP and BIA IRMP through either of the following methods:

    Project Website: https://www.blm.gov/programs/planning-and-nepa/plans-in-development/new-mexico/oklahoma-rmp.

    Email: [email protected]

    Fax: 405-579-7101, Attn.: Mr. Patrick Rich, RMP Team Lead.

    Mail: Bureau of Land Management, Oklahoma Field Office, Attn.: Patrick Rich, RMP Team Lead, 201 Stephenson Parkway, Suite 1200, Norman, Oklahoma 73072.

    Mail: BIA Eastern Oklahoma Regional Office, Attn.: RMP Comments, P.O. Box 8002, Muskogee, Oklahoma 74402-4600.

    Mail: BIA Southern plains Regional Office, Attn.: RMP Comments, P.O. Box 368, Anadarko, Oklahoma 73005-0368.

    Copies of the Draft Joint EIS/BLM RMP and BIA IRMP are available from the BLM and the BIA at the following locations:

    • BLM Oklahoma Field Office, 201 Stephenson Parkway, Suite 1200, Norman, Oklahoma 73072 • BIA Eastern Oklahoma Regional Office, 3100 Peak Blvd., Muskogee, Oklahoma 74401 • BIA Eastern Oklahoma Regional Office, 100 Riverside Drive, Anadarko, Oklahoma 73005 • BLM New Mexico State Office, 301 Dinosaur Trail, Santa Fe, New Mexico 87508

    The Draft Joint EIS/BLM RMP and BIA IRMP background documents are available on the ePlanning website at: https://www.blm.gov/programs/planning-and-nepa/plans-in-development/new-mexico/oklahoma-rmp.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Rich, RMP Team Lead; telephone: 405-579-7154; address: 201 Stephenson Parkway, Suite 1200, Norman, Oklahoma 73072; or email: [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    In the Draft Joint EIS/BLM RMP and BIA IRMP, the BLM and BIA analyze the environmental consequences of four alternatives under consideration for managing Federal lands and minerals within the Oklahoma-Kansas-Texas planning area. The BLM Oklahoma Field Office administers approximately 15,100 acres of public lands, including approximately 11,800 acres at the Cross Bar Management Area near Amarillo, Texas; about 3,300 acres of small tracts scattered across the planning area; and Federal lands along the 116-mile stretch of the Red River between the North Fork of the Red River and the 98th Meridian (Red River area). No exact acreages of Federal lands along the Red River are available at this time, because the full 116-mile stretch of land has not been surveyed. The Oklahoma Field Office also administers approximately 4,810,900 acres of subsurface Federal mineral estate across the planning area, including approximately 3,991,100 acres underlying surface estate managed by other Federal agencies, such as U.S. Fish and Wildlife Service, U.S. Forest Service, and National Park Service, and approximately 408,000 acres of split-estate, where Federal minerals underlie private surface estate. The RMP only pertains to Federal lands and has no effect on the boundary of the Federal lands.

    The BIA decision area includes approximately 394,200 surface acres and 2,033,500 mineral estate acres for the BIA Eastern Oklahoma Regional Office. Approximately 1,474,500 acres of the BIA Eastern Oklahoma Regional Office jurisdictional area is limited to coal or other minerals in Osage County. The BIA decision area also includes approximately 457,500 surface acres and 632,000 mineral estate acres for the BIA Southern Plains Regional Office. This includes lands and mineral estate in Oklahoma, Kansas, Texas, and Richardson County, Nebraska.

    The BLM is the lead agency in developing the land use plan, while the BIA is a co-lead partner in this joint, integrated planning effort. The Draft Joint EIS/BLM RMP and BIA IRMP provides a land use plan that will replace the BLM's current 1994 Oklahoma RMP, the 1991 Kansas RMP, and the 1996 Texas RMP, as amended. RMP revision and consolidation is necessary due to the numerous changes, including renewable energy, recreation, special status species, visual resources, and wildlife habitat that have occurred across the BLM Oklahoma Field Office planning area since publication. New resource data are available for consideration, and new policies, guidelines, and laws have been established.

    Land use planning and NEPA regulations require the BLM and BIA to formulate a reasonable range of alternatives to consider different management scenarios and different means of addressing resource or resource-use conflicts. Established planning criteria, as outlined in 43 CFR part 1610, guide the alternatives-development process. This pursuit provides the BLM, BIA, and the public with an understanding of the various ways in which challenges associated with resources and resource uses might be resolved. This draft land use plan offers the BLM State Director for New Mexico, Oklahoma, Kansas, and Texas; the BIA Eastern Oklahoma Regional Director; and the BIA Southern Plains Regional Director a reasonable range of alternatives from which to make informed decisions. The four alternatives analyzed in the Draft Joint EIS/BLM RMP and BIA IRMP are generally described as follows:

    • Alternative A (No Action) is a continuation of existing land use management actions under the current Kansas, Oklahoma, and Texas RMPs and associated amendments;

    • Alternative B (Agency Preferred) represents a balanced mix of land use management actions intended to address current and future land use management issues, including provisions for energy development, recreational opportunities, and conservation of natural resources;

    • Alternative C represents land use management strategies intended primarily to preserve and protect ecosystem health and resource values across the planning area; and

    • Alternative D represents land use management strategies intended primarily to develop resources and promote economic development across the decision area, such as livestock grazing, energy and mineral development, and recreation.

    The BLM is considering areas of critical environmental concern (ACEC) during this planning process, and has proposed one ACEC in the Draft RMP to protect certain resource values. Pertinent information regarding this ACEC, including proposed designation acreage, resource-use limitations, if designated, and the alternatives affected are summarized below.

    Cross Bar Management Area ACEC: Alternative C proposes a 10,500-acre ACEC for the Cross Bar Management Area. This ACEC would be managed to protect important biological, cultural, scenic, and historic resources that meet the criteria for relevance and importance. The resource use limitations which would occur if this ACEC is formally designated are as follows:

    • Closed to off-highway vehicle use and mechanized travel, except for the main access road and administrative use;

    • Non-mechanized trail use limited to designated trails;

    • No surface occupancy stipulation for fluid minerals development;

    • Closed to mineral material disposal and non-energy leasable mineral development;

    • Managed as a right-of-way exclusion zone;

    • Visual resources would be managed as visual resource management class II and III (camping areas);

    • Vegetation management would emphasize high-priority habitats identified in state wildlife action plans;

    • Maintain cover for wildlife and migratory birds;

    • Reduce impacts on paleontological resources from ground disturbance and access; and

    • Available for livestock grazing.

    The land use planning process was initiated on July 26, 2013, through a Notice of Intent published in the Federal Register (78 FR 45266), notifying the public of a formal scoping period.

    Seventy-two cooperating agencies expressed interest in collaborating with the BLM and BIA during the NEPA process, and the following agencies signed a formal cooperating agency agreement:

    1. Adair County Commissioners, OK 2. Barton County Commissioners, KS 3. Bureau of Reclamation Nebraska-Kansas Area Office 4. Brazos River Authority 5. Caddo County Commissioners, OK 6. Choctaw County Commissioners, OK 7. Citizen Potawatomi Nation 8. Clay County, TX 9. Cleveland County Commissioners, OK 10. Coal County Commissioners, OK 11. Cotton County Commissioners, OK 12. Creek County Commissioners, OK 13. Denton County Commissioners, TX 14. Douglas County Commissioners, KS 15. Hamilton County Commissioners, KS 16. Hughes County Commissioners, KS 17. Kansas Corporation Commission 18. Kansas Water Office 19. Latimer County Commissioners, OK 20. Lincoln County Commissioners, OK 21. Love County Commissioners, OK 22. Marion County Commissioners, TX 23. Montague County Commissioners, TX 24. Moore County Commissioners, TX 25. Oklahoma Department of Wildlife Conservation 26. Scurry County Commissioners, TX 27. Wichita County, TX 28. Kansas Corporation Commission 29. U.S. Fish and Wildlife Service Region 2 30. Board of Regents of the University of Oklahoma by and through the Oklahoma Climatological Survey 31. Young County Commissioners, TX 32. Sequoyah County Commissioners, OK 33. Sumner County Commissioners, KS 34. Tonkawa Tribe of Oklahoma 35. Red River Authority of Texas 36. Muscogee (Creek) Nation 37. Texas State Soil and Water Conservation Board 38. Texas General Land Office 39. Office of Surface Mining Reclamation and Enforcement Mid-Continent Region 40. Oklahoma Department of Environmental Quality 41. Oklahoma Department of Mines 42. Okfuskee County Commissioners, OK 43. Oklahoma Geologic Survey 44. Osage Nation 45. Payne County Commissioners, OK 46. Pontotoc County Commissioners, OK 47. Pushmataha County Commissioners, OK 48. Tulsa County Commissioners, OK 49. Collin County Commissioners Court 50. Natural Resources Conservation Service Meade Service Center 51. LeFlore County Commissioners, OK 52. United States Environmental Protection Agency Region 6 53. Wilbarger County, TX 54. Murray County Commissioner, District 2 55. National Forest and Grasslands of Texas 56. Johnson County, KS 57. Texas Railroad Commission 58. United States Army Corps of Engineers, Fort Worth 59. Cooke County Commissioners, TX 60. Cherokee Nation 61. Cherokee County Commissioners, KS 62. Jackson County Commissioners, KS 63. McConnell Air Force Base 64. Altus Air Force Base 65. Vance Air Force Base 66. The Kansas Natural Resource Coalition 67. Tinker Air Force Base 68. Dyess Air Force Base 69. Goodfellow Air Force Base 70. Joint Base San Antonio, TX 71. Laughlin Air Force Base 72. Sheppard Air Force Base

    The BLM and BIA held 17 scoping meetings between November 2013 and January 2014, throughout Kansas, Oklahoma, and Texas, with stakeholders, interest groups, and the public.

    During the scoping period, the public provided the BLM Oklahoma Field Office with input on relevant issues to consider in the planning process. Additional information was collected during three additional workshops, one each in Kansas, Oklahoma, and Texas with the public and cooperating agencies. Based on these issues, conflicts, information, and the BLM and BIA goals and objectives for this planning effort, the BLM-BIA Interdisciplinary Team formulated action alternatives for consideration and analysis in the Draft Joint EIS/BLM RMP and BIA IRMP. Following the close of the public comment period, the BLM and BIA will use any substantive public comments to revise the Draft Joint EIS/BLM RMP and BIA IRMP in preparation for its release to the public as the Proposed Resource Management Plan and Final Environmental Impact Statement (Proposed RMP/Final EIS). The BLM and BIA will respond to each substantive comment received during the public review and comment period by making appropriate revisions to the document, or by explaining why the comment did not warrant a change. Notice of the Availability of the Proposed RMP/Final EIS will be published in the Federal Register.

    Please note that public comments and other submitted information, including names, street addresses, and email addresses of persons submitting comments will be available for public review and disclosure by using one of the methods listed in the ADDRESSES section of this notice during regular business hours 8 a.m. to 4 p.m.), Monday through Friday, except holidays. To be included in the analysis, all comments must be received before the close of the 90-day public comment period or 15 days after the last public meeting, whichever is later.

    Before including your address, phone number, email address, and/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 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.

    Authority:

    40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2.

    Aden L. Seidlitz, Acting BLM New Mexico State Director. Eddie Streater, BIA Eastern Oklahoma Regional Director. James Schock, BIA Southern Plains Regional Director.
    [FR Doc. 2018-25130 Filed 11-16-18; 8:45 am] BILLING CODE 4310-FB-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [18XL1109AF LLUT030000 L17110000.PN0000 241A] Call for Nominations for the Grand Staircase-Escalante National Monument Advisory Committee, Utah AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The purpose of this Notice is to request public nominations for 15 members to the Grand Staircase-Escalante National Monument Advisory Committee (GSENM MAC). The GSENM MAC provides information and advice regarding the development and implementation of management plans for the Grand Staircase, Kaiparowits, and Escalante Canyons Units and, as appropriate, management of the Monument. The Grand Staircase-Escalante National Monument (GSENM) will accept public nominations for 30 days from the date this Notice is posted.

    DATES:

    A completed application and accompanying nomination/recommendation letters must be received at the address listed below no later than December 19, 2018.

    ADDRESSES:

    Grand Staircase-Escalante National Monument Headquarters Office, 669 South Highway 89A, Kanab, Utah 84741, Attention: MAC Nominations.

    FOR FURTHER INFORMATION CONTACT:

    Larry Crutchfield, Public Affairs Officer, GSENM Headquarters Office, 669 South Highway 89A, Kanab, Utah 84741; phone (435) 644-1209, or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Secretary of the Interior established the GSENM MAC pursuant to section 309 of the Federal Land Policy and Management Act (FLPMA) of 1976 (43 U.S.C. 1739) and Presidential Proclamation 9682 in conformity with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C. Appendix 2). The 15 appointed members of the GSENM MAC perform several primary tasks: (1) Provide information and advice on the development of management plans for the Grand Staircase, Kaiparowits, and Escalante Canyons Units and, as appropriate, management of the Monument; (2) Assist BLM in developing recommendations for implementation of ecosystem approaches to management by advising BLM in establishing goals and objectives within the Monument; (3) Advise BLM regarding ongoing local efforts to develop and achieve collaborative approaches to management of the Monument; (4) Consult and make recommendations on issues such as protocols for specific projects; e.g., vegetation restoration methods and treatments, livestock grazing, standards for excavation and curation of artifacts and objects; (5) Advise BLM on opportunities to enhance and expand existing partnerships and volunteer efforts; (6) Advise BLM on opportunities to enhance and expand existing educational outreach efforts; (7) Provide recommendations for implementation of Secretary's Order 3347: Conservation Stewardship and Outdoor Recreation, and Secretary's Order 3356: Hunting, Fishing, Recreational Shooting, and Wildlife Conservation Opportunities and Coordination with States, Tribes, and Territories; (8) Provide recommendations for implementation of the regulatory reform initiatives and policies specified in section 2 of Executive Order 13777: Reducing Regulation and Controlling Regulatory Costs; Executive Order 12866: Regulatory Planning and Review, as amended; and section 6 of Executive Order 13563: Improving Regulation and Regulatory Review; and (9) Provide recommendations for collaborative and innovative solutions to aggressively address wildland fires on public lands as guided by the Secretary's memo on wildfires dated September 11, 2017.

    The MAC shall include 15 members to be appointed by the Secretary as follows:

    (1)An elected official from Garfield County representing the County;

    (2) an elected official from Kane County representing the County;

    (3) a representative of State government;

    (4) a representative of Tribal government with ancestral interest in the Monument;

    (5) a representative of the educational community;

    (6) a representative of the conservation community;

    (7) a representative of developed outdoor recreation, off-highway vehicle users, or commercial recreation activities, including, for example, commercial or recreation fishing;

    (8) a representative of dispersed recreation;

    (9) a livestock grazing permittee operating within the Monument to represent grazing permittees;

    (10) a representative of private landowners;

    (11) a representative of local business owners; and,

    (12) a representative of the public-at-large, including, for example, sportsmen and sportswomen communities.

    Three members will be appointed as special Government employees, one for each of the following areas of expertise:

    (1) A member with expertise in systems ecology;

    (2) A member with expertise in paleontology; and

    (3) A member with expertise in archaeology or history.

    The Secretary appoints persons to the GSENM MAC who are representatives of the various major citizen interests pertaining to land use planning and management of the lands under BLM management in GSENM.

    Each GSENM MAC member will be a person who, as a result of training and experience, has knowledge or special expertise which qualifies him or her to provide advice from among the categories of interest listed above. As appropriate, certain MAC members may be appointed as Special Government Employees. Special Government Employees serve on the MAC without compensation, and are subject to financial disclosure requirements in the Ethics in Government Act and 5 CFR 2634.

    This Notice, published pursuant to 43 CFR 1784.4-1 and in accordance with Presidential Proclamation 9682, requests the public to submit applications to fill 15 positions on the MAC. Any individual or organization may nominate one or more persons to serve on the GSENM MAC. Individuals may nominate themselves for GSENM MAC membership. Nomination forms may be obtained from the GSENM Headquarters Office, listed above in the ADDRESSES section or at: https://www.blm.gov/sites/blm.gov/files/GetInvolved_RACApplication.pdf. All nominations must include a completed Resource Advisory Council application (OMB Control No. 1004-0204), letters of reference from the represented interests or organizations, and any other information that speaks to the candidate's qualifications. The specific category the nominee would be representing should be identified in the letter of nomination and in the application form. The BLM Utah State Director and Monument Manager will review the applications and letters of reference. The State Director shall confer with the Governor of Utah on potential nominations. The BLM State Director will then forward recommended nominations to the Secretary of the Interior, who has responsibility for making the appointments.

    Members will serve staggered terms without monetary compensation, but will be reimbursed for travel and per diem expenses at current rates for Government employees. The MAC will meet approximately two to four times annually, and at such other times as designated by the BLM Designated Federal Officer.

    Authority:

    43 CFR 1784.4-1.

    Edwin L. Roberson, State Director.
    [FR Doc. 2018-25168 Filed 11-16-18; 8:45 am] BILLING CODE 4310-DQ-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026716; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of Defense, Department of the Navy, Washington, DC; Correction AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice; correction.

    SUMMARY:

    The Department of the Navy has corrected an inventory of human remains and associated funerary objects, published in a Notice of Inventory Completion in the Federal Register on February 26, 2015. This notice corrects the minimum number of individuals, the number of associated funerary objects, and presents additional findings of cultural affiliation. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Department of the Navy. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Department of the Navy at the address in this notice by December 19, 2018.

    ADDRESSES:

    Mr. Joseph Montoya, Environmental Planning and Conservation Branch Manager, Naval Base Ventura County, 311 Main Road, Building 1, Code N45V, Point Mugu, CA 93042, telephone (805) 989-3804, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the correction of an inventory of human remains and associated funerary objects under the control of the Department of the Navy, and in the physical custody of eight repositories which include the Fowler Museum at UCLA, Natural History Museum of Los Angeles County, San Diego Museum of Man, Santa Barbara Museum of Natural History, Southwest Museum of the Autry National Center of the American West, U.C. Berkeley Phoebe A. Hearst Museum of Anthropology, Naval Air Weapons Station China Lake Curation Facility, and Naval Base Ventura County San Nicolas Island Curation Facility. The human remains and associated funerary objects were removed from San Nicolas Island, Naval Base Ventura County, Ventura County, CA.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    This notice corrects the minimum number of human remains, the number of associated funerary objects, and cultural affiliation published in a Notice of Inventory Completion in the Federal Register (80 FR 10506-10511, February 26, 2015). After publication, additional human remains and associated funerary objects were found in repository collections. Transfer of control of the items in this correction notice has not occurred.

    Correction

    In the Federal Register (80 FR 10507, February 26, 2015), column 1, paragraph 3, sentence 1 is corrected by substituting the following sentence:

    The human remains representing, at minimum, 547 individuals and the 1,017 associated funerary objects listed in this notice are in eight different locations in California.

    In the Federal Register (80 FR 10507, February 26, 2015), column 1, paragraph 3, sentence 2 is corrected by substituting the following sentence:

    These are the Fowler Museum at UCLA, the Natural History Museum of Los Angeles County, the Naval Base Ventura County (NBVC) San Nicolas Island Curation Facility, the San Diego Museum of Man, the Santa Barbara Museum of Natural History, the Southwest Museum of the American Indian at the Autry Museum of the American West, the U.C. Berkeley Phoebe A. Hearst Museum of Anthropology and the Naval Air Weapons Station (NAWS) China Lake Curation Facility.

    In the Federal Register (80 FR 10507, February 26, 2015), column 1, paragraph 4, sentence 2, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by substituting the following sentence:

    Primary documentation for these human remains is limited.

    In the Federal Register (80 FR 10507, February 26, 2015), column 1, paragraph 4, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by inserting the following sentence after sentence 2:

    One sub-adult and one adult male individual were collected from site CA-SNI-19 (the Indian Dwelling Site at Corral Harbor). For the remaining two individuals, no specific provenience information is available beyond their SNI origin.

    In the Federal Register (80 FR 10507, February 26, 2015), column 1, paragraph 5, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by substituting the following paragraph:

    In 1951, human remains representing, at minimum, 16 individuals (15 adult (five identified as female, four as male and six undetermined), and one sub-adult) were collected by Stewart L. Peck from site CA-SNI-18 and donated to UCLA. No known individuals were identified. The four associated funerary objects are animal bones, comingled with the human remains of catalog number 136a.

    In the Federal Register (80 FR 10507, February 26, 2015), column 1, paragraph 6, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by deleting the following paragraph:

    In 1951, human remains representing at minimum, 2 individuals were collected by Stewart L. Peck and donated to UCLA. No primary documentation or specific provenience information beyond their SNI origin exists for these human remains. No known individuals were identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10507, February 26, 2015), column 2, paragraph 1, sentence 1, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by substituting the following sentence:

    Sometime prior to 1952, human remains representing, at minimum, two individuals (both adult, one further identified as male) were collected by an unknown party and donated to UCLA.

    In the Federal Register (80 FR 10507, February 26, 2015), column 2, paragraph 1, sentence 4, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by substituting the following sentences:

    The 17 associated funerary objects, listed as individual or grouped catalogued items, are one abalone fish hook, one biface fragment, five unmodified shells, one crab claw fragment, two unmodified animal bone fragments, one obsidian point, one perforated disk or abalone shell fish hook blank, one steatite bowl fragment, one lot tarring pebbles, one worked disk or abalone shell fish hook blank, two worked shells. One shell fish hook fragment is listed in the catalog records, but is missing from the museum collections.

    In the Federal Register (80 FR 10507, February 26, 2015), column 2, paragraph 2, sentence 1, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by substituting the following sentence:

    Prior to 1958, human remains representing, at minimum four individuals (three adults (one female, two male), and one sub-adult), were removed from site CA-SNI-15 (NI-15) by H.B. Allen and donated to UCLA.

    In the Federal Register (80 FR 10507, February 26, 2015), column 2, paragraph 3, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by substituting the following paragraph:

    In 1959, human remains representing, at minimum, 61 individuals were collected during excavations conducted by Sam-Joe Townsend, Fred Reinman, Marshall McKusick, Clement Meighan and others from the UCLA Archaeological Survey. These human remains were collected from six SNI sites—CA-SNI-14, CA-SNI-15, CA-SNI-16, CA-SNI-18, CA-SNI-40, and CA-SNI-56. In August 1959, excavations at SNI-14 removed an infant individual. Excavations at SNI-15 removed a burial with two adult females interred. Excavations at SNI-16 removed 21 individuals (16 adults, of which three are male and six are female, four sub-adults, and an individual represented by a scapula fragment). Excavations at SNI-18 removed seven individuals (seven adults, four identified as male and one female). Excavations at SNI-40 removed 20 burials that included a minimum of 26 individuals (17 adults, of which nine were identified as male and five as female, three infants, five juveniles, and one sub-adult). In September 1959, a survey of SNI-40 removed an adult individual represented by 16 teeth from a looted grave. Excavations from SNI-56 removed two burials representing three adult individuals (identified further as one male, one female and one undetermined). No known individuals were identified. The 269 associated funerary objects, listed as individual or grouped catalogued items, are divided among the different site numbers. The two associated funerary objects from SNI-14 are one bone spatulate, and one lot of Olivella shell beads. The three associated funerary objects from SNI-15 are one bird bone needle, one lot of bone beads, and one steatite bead fragment. The 100 associated funerary objects from SNI-16 are four lots of asphaltum fragments with basketry impressions, six unmodified animal bone fragments, one bird humerus awl, one animal bone with asphaltum, one bone fishhook, one sea lion tooth pendant, four chalcedony pendants, one unmodified jasper fragment, one yellow ochre fragment, one flaked shale object, one shell bead, one shell implement, four abalone shell containers (holes sealed with asphaltum), two unmodified shell fragments, one lot Olivella shell beads, one modified abalone shell fragment, 69 abalone shell pendants. Three shell pendants and five abalone shell containers are missing from the collection. The 73 associated funerary objects from SNI-18 are one bone harpoon dart, three shell ornaments, one possible pelican stone effigy, one stone ornament with a hole drilled in the center, two stone bifaces, one stone chopper, one stone scraper, one stone hammerstone, one lot of stone fragments, 15 abalone fish hook blanks, three abalone fish hooks, 11 abalone shell containers, one broken stone pipe with bird bone stem, one bone pipe stem with asphaltum, five bone prys, one bird bone object, eight worked bone fragments, one worked wood fragment, one lot of wood fragments, one steatite grooved pebble, one tarring pebble, one lot of asphaltum fragments, six lots of unmodified animal bone fragments, one lot of shell fragments, two sea urchin fragments, one yellow ochre ball, and one lot of burned wood fragments. One stone charmstone, one stone pipe with bone stem, and one abalone shell fish hook are catalogued, but missing from the collection. The 88 associated funerary objects from SNI-40 are three stone perforated rings, seven steatite pointed objects, one worked stone fragment, one chert projectile point, one quartz projectile point basal fragment, one siltstone net sinker, one bone pendant, one sea mammal canine tooth pendant, one lot of bone spatulate fragments, seven lots of worked bone, 19 lots of shell beads, five unmodified shell fragments, two worked abalone fragments, five lots of unmodified animal bone fragments, one crab claw fragment, one asphaltum fragment, six lots of asphaltum with basketry impressions, one lot of tarring pebbles, one bag of charcoal fragments, one yellow ochre fragment, and 22 shell containers. One stone pipe, one stone perforated ring, one steatite effigy, one chert projectile point with asphaltum at one end, and one obsidian projectile point are missing from the collection. The three associated funerary objects from SNI-56 are one stone point, two bone fish gorge. One perforated steatite stone is missing from the collection. In 2000, one Haliotis shell bead and one bird bone were sent for destructive analysis and are missing from the collection.

    In the Federal Register (80 FR 10507, February 26, 2015), column 3, paragraph 1, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by substituting the following paragraph:

    Navy-controlled NAGPRA items at the Fowler Museum also include human remains representing, at minimum, an additional three individuals (two adults identified as a male and female, and an infant) that lack specific information on the date of collection, or the site provenience beyond their SNI origin. The collection is labeled as Burial 1 and was donated to the UCLA Dickey Biology Collections prior to 1990. It was transferred to the Fowler Museum at UCLA for NAGPRA inventory purposes. No known individual was identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10507, February 26, 2015), column 3, paragraph 2, under the heading “(i) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA,” is corrected by deleting the following paragraph:

    One additional group of human remains representing, at minimum, 9 individuals, that also lack specific information on the date of collection/donation or a collector, does have accompanying documentation indicating it was collected from site CA-SNI-18. No known individuals were identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10507, February 26, 2015), column 3, paragraph 3, sentence 1, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by substituting the number “49” with the number “51.”

    In the Federal Register (80 FR 10507, February 26, 2015), column 3, paragraph 4, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by substituting the following paragraph:

    In August 1933, human remains representing, at minimum, one individual were collected by an individual named Rose and donated to the Antelope Valley Museum. The human remains were transferred to the Natural History Museum of Los Angeles County by Grace Oliver of the Antelope Valley Museum in 1979. No primary documentation or specific provenience information beyond their SNI origin exists for these human remains. No known individuals were identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10507, February 26, 2015), column 3, paragraph 5, sentence 3, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by substituting the following sentence:

    The nine associated funerary objects are one composite bone fishhook barb, one sea lion rib bone flaker, one whale bone implement, one bone tube bead, one conical sandstone pipe, one biface fragment, one projectile point in two-pieces, one biface tip, and one large sandstone pipe.

    In the Federal Register (80 FR 10508, February 26, 2015), column 1, paragraph 2, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by deleting the following paragraph:

    In 1959, human remains representing, at minimum, 2 individuals were collected by Ed Mitchell and Sam-Joe Townsend and donated to the Natural History Museum of Los Angeles County. No specific provenience information beyond their SNI origin exists for these human remains. No known individuals were identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10508, February 26, 2015), column 1, paragraph 3, sentence 1, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by substituting the following sentence:

    In 1959, human remains representing, at minimum, seven individuals were collected by Ed Mitchell and Sam-Joe Townsend from sites CA-SNI-18 and other unnumbered SNI sites, and donated to the Natural History Museum of Los Angeles County.

    In the Federal Register (80 FR 10508, February 26, 2015), column 1, paragraph 3, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by inserting the following sentence after sentence 1:

    No specific provenience information beyond their SNI origin exists for these human remains.

    In the Federal Register (80 FR 10508, February 26, 2015), column 1, paragraph 4, sentence 1, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by substituting the following sentence:

    In 1966, human remains representing, at minimum, one individual were collected by S. Ray Harmon and donated to the Natural History Museum of Los Angeles County in 1979.

    In the Federal Register (80 FR 10508, February 26, 2015), column 1, paragraph 5, sentence 3, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by substituting the following sentence:

    The four associated funerary objects, listed as individual or grouped catalogued items, are one unmodified large black abalone shell, one lot of asphaltum fragments, one abalone shell pendant, and one lot of bird bones.

    In the Federal Register (80 FR 10508, February 26, 2015), column 1, paragraph 6, sentence 1, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by substituting the number “13” with the number “10.”

    In the Federal Register (80 FR 10508, February 26, 2015), column 1, paragraph 6, sentence 3, under the heading “(ii) Navy-controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County,” is corrected by substituting the following sentence:

    The three associated funerary objects, listed as individual or grouped catalogued items, are one lot of mammal bones, including whale ribs, one killer whale tooth, and one lot of fish bone.

    In the Federal Register (80 FR 10508, February 26, 2015), column 2, paragraph 1, sentence 1, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following sentence:

    In the early 1900s, human remains representing, at minimum, eight individuals were collected by Arthur Sanger.

    In the Federal Register (80 FR 10508, February 26, 2015), column 2, paragraph 1, sentence 6, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following sentence:

    The two associated funerary objects are projectile points, embedded within the ilium and cranium of associated human remains.

    In the Federal Register (80 FR 10508, February 26, 2015), column 2, paragraph 2, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following paragraph:

    In 1938, human remains representing, at minimum, four individuals were collected from SNI sites by UCLA. These human remains were later donated to Loyola Marymount University in 1962, which returned them to SNI holdings in 2006. The human remains were collected from six SNI sites—SN-1, SN-9, SN-12, SN-17, SN-18, and SN-171—and some unnumbered locations. No known individuals were identified. The 29 associated funerary objects, listed as individual or grouped catalogued items, are divided among the different sites. The 12 associated funerary objects from SN-1 are seven shell fish hook fragments, one Norrisia norrisi fish hook fragment, one worked Haliotis rufescens fragment, one pendant, one sandstone hammer stone, and one broken soapstone pipe. The one associated funerary object from SN-17 is a fish hook fragment. The 13 associated funerary objects from SN-18 are one lot of lithics, one lot of unworked sandstone, one lot of oxidized metal, one lot of unworked mussel shell, one quartzite flake, one chert projectile point base, four fish hook fragments, one unmodified shell, one unmodified mammal bone, and one lot of unmodified fish bone. The three associated funerary objects from unknown locations are one shell fish hook fragment, one broken awl, and one lot of faunal remains.

    In the Federal Register (80 FR 10508, February 26, 2015), column 2, paragraph 3, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by deleting the following paragraph:

    In 1959, human remains representing, at minimum, 2 individuals were collected during excavations conducted by Sam-Joe Townsend and Fred Reinman from the UCLA Archaeological Survey. These human remains were collected from 2 SNI Sites—CA-SNI-14 and CA-SNI-15. These two individuals belong to the same collection from the 1959 excavations located in the Fowler Museum at UCLA and reported under subparagraph (i) of this notice. No known individuals were identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10508, February 26, 2015), column 2, paragraph 5, sentence 4, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following sentence:

    The 33 associated funerary objects, listed as individual or grouped catalogued items, are one aves beak, one bag of Haliotis, broken, one cut/worked bird bone, one cut and worked shell, one lot of cut, worked, abraded, punched, and broken abalone shell, one cut/worked/abraded red abalone shell, one cut faunal bone, two Olivella shell side walls, one ornament fragment, three projectile points, two fragments of red ochre pigment, one sandstone burial marker, one sandstone nodule with red ochre stain, one sea grass, twined, with detritus, one shell columella, eight whole and broken shell fishhooks, three shell fishhook blanks, one frontal marine mammal tooth, one whale bone wedge, and one whole abalone shell.

    In the Federal Register (80 FR 10508, February 26, 2015), column 3, paragraph 1, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following paragraph:

    In 1977, human remains representing, at minimum, eight individuals were collected during excavations conducted by George Kritzman and others. These human remains were collected from 5 SNI sites—CA-SNI-5, CA-SNI-11, CA-SNI-47, CA-SNI-55 and CA-SNI-146. No known individuals were identified. The 14 associated funerary objects, listed as individual or grouped catalogued items, are divided among the different sites. The nine associated funerary objects from SNI-47 are two projectile points, four shell fish hook blanks, one rim tool, one lot asphaltum with possible basketry impressions, and one drill. The five associated funerary objects from SNI-55 are one rim tool, one gorge, one bead blank, one lot of asphaltum water bottle impressions, and one lot of asphaltum basketry impressions.

    In the Federal Register (80 FR 10508, February 26, 2015), column 3, paragraph 2, sentence 1, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the phrase “1 individual” with the phrase “two individuals.”

    In the Federal Register (80 FR 10508, February 26, 2015), column 3, paragraph 2, sentence 4, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following sentence:

    The one associated funerary object, listed as grouped catalogued items, is one lot of miscellaneous faunal remains (shell, fishbone, etc.).

    In the Federal Register (80 FR 10508, February 26, 2015), column 3, paragraph 3, sentence 4, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following sentence:

    The eight associated funerary objects, listed as individual or grouped catalogued items, are two shell fishhook blanks, one lot of skirt weights, four bags of unsorted mixed shell and lithics, and one spire ground shell bead.

    In the Federal Register (80 FR 10508, February 26, 2015), column 3, paragraph 4, sentence 1, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the number “5” with the number “7.”

    In the Federal Register (80 FR 10508, February 26, 2015), column 3, paragraph 4, sentence 4, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following sentence:

    The 37 associated funerary objects, listed as individual or grouped catalogued items, are one marine mammal tooth, one cut marine mammal mandible w/asphaltum, one awl, six bags of flaked stone, one bag of mixed flaked stone, sandstone and bone, three bags of mixed lithics and shell, one bag of mixed shell, flaked stone & bone, three bags of mixed shell, one bag of mixed shell and bone, one lot of basketry impressions, one shell bead, one shell bead blank, one Mytilus californianus disk bead, one biface fragment, one crab claw and asphaltum, one lot of mixed faunal bone, three lots of disk beads, one lot of spire-lopped Olivella beads, one lot of unmodified pebbles, one lot of shell, sand and asphaltum w/basketry impressions, one lot of whole Olivella shells, one lot of worked and perforated serpentine, one Olivella biplicata bead, one bag of shell and asphaltum, one soapstone tube/bead, and one Tachycardium sp. shell fragment.

    In the Federal Register (80 FR 10509, February 26, 2015), column 1, paragraph 1, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following paragraph:

    In 1989, human remains representing, at minimum, eight individuals were collected during excavations conducted by Steven Schwartz, George Kritzman, Audrey Schwartz, and others from the Department of the Navy's Cultural Resources management program. These human remains were collected from four SNI sites—CA-SNI-168, CA-SNI-171, CA-SNI-214, and CA-SNI-221. No known individuals were identified. The 116 associated funerary objects, listed as individual or grouped catalogued items, are divided among the different sites. The two associated funerary objects from SNI-168 are one broken red abalone and one lot asphaltum fragments. The 114 associated funerary objects from SNI-214 are two lots asphaltum impressions, one lot asphaltum basketry impressions, one asphaltum water bottle with stopper and Haliotis fragments, one biface fragment, one biface knife, two bifaces with asphaltum on base, one disc bead, one bird bone, two lots bird bone fragments, one bone tool, three bowl fragments, two lots carbonized wood, one composite spear with asphaltum, one Delphinidae jaw, one complete dog skeleton, one bag of fish bone, two fish hooks, five fish hook blanks, two incised soapstone, one bag of lithics, one lot of flaked stone, one lot of manuports, two Marine mammal bone awl or punch, one cut Marine mammal bone fragment, one marine mammal scapula, one mortar, one lot Mytilus californianus shell, two pestles, three pestle bases, two pestle fragments, one pestle mid-section, one lot red ochre, one possible sandstone saw, one pressure flaker, nine projectile points, one projectile point base, one projectile point fragment, two projectile point midsections, one projectile point tip, two projectile point with asphaltum on base, one projectile point spear head, one punch or awl, three marine mammal ribs with asphaltum, two lots sandstone dish fragments, one sandstone slab, one sandstone tool, one possible sandstone weight, one scraper, one shell bottle stop, one soapstone healing stone, two soapstone pendants, one lot of variously abraded, drilled or raw soapstone, one bag of soil from inside mortar, one lot tarring pebbles, one Tachycardium shell, one bag unworked bone fragments, one unworked mammal rib, one piece unworked sandstone, one lot unworked shell, one unworked stone with asphaltum, two unworked whale bones, one whale bone chisel, five whale bone pry, three whale bone wand, one whale bone wand tip, one whale bone epiphyseal plate, five whole and fragmentary whale scapulae, one piece of wood, one piece of wood with asphaltum and charcoal, one piece pecked sandstone, and two pieces abraded soapstone.

    In the Federal Register (80 FR 10509, February 26, 2015), column 1, paragraph 2, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by inserting the following sentence after sentence 3:

    The human remains are noted as missing since 2016.

    In the Federal Register (80 FR 10509, February 26, 2015), column 1, paragraph 3, sentence 1, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following sentence:

    In 2000, human remains representing, at minimum, one individual were collected by Steve Schwartz and Lisa Thomas because of their progressive exposure by erosion.

    In the Federal Register (80 FR 10509, February 26, 2015), column 1, paragraph 4, sentence 1, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the number “2” with the number “3.”

    In the Federal Register (80 FR 10509, February 26, 2015), column 2, paragraph 1, sentence 3, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following sentence:

    The six associated funerary objects, listed as individual or grouped catalogued items, are one lot of shell beads, one shell bead, one lot of fragmentary marine shell, one lot of stone fragments, one lot of fragmentary mixed fish, human and mammal bone, and one lot of fragmentary bone, charcoal and asphaltum.

    In the Federal Register (80 FR 10509, February 26, 2015), column 2, paragraph 2, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by deleting the following paragraph:

    An additional set of human remains representing, at minimum, 1 individual that also lacks specific information on the date of collection/donation or a collector, does have accompanying documentation indicating it was collected from site CA-SNI-171. No known individual was identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10509, February 26, 2015), column 2, paragraph 4, under the heading “(iii) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility,” is corrected by substituting the following paragraphs:

    NAGPRA items in collections at the SNI Curation Facility include one funerary object associated with human remains located at the Southwest Museum/Autry Museum and reported under subparagraph (vi) of this notice. This associated funerary object is a unmodified abalone shell that was collected by Rozaire in 1960 at site CA-SNI-41 and donated to the Southwest Museum.

    NAGPRA items in collections at the SNI Curation Facility also include one funerary object associated with human remains located at the Southwest Museum/Autry Museum and reported under subparagraph (vi) of this notice. This associated funerary object is a fragment of sea grass matting that was collected by an unknown party in 1984 at site CA-SNI-325 and donated to the Southwest Museum.

    In the Federal Register (80 FR 10509, February 26, 2015), column 2, paragraph 5, under the heading “(iv) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the San Diego Museum of Man,” is corrected by deleting the following paragraph:

    In 1899, human remains representing, at minimum, one individual were collected by Mrs. L. H. Sherman and donated to the San Diego Museum of Man. No primary documentation or specific provenience information beyond their SNI origin exists for these human remains. No known individual was identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10509, February 26, 2015), column 3, paragraph 1, under the heading “(iv) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the San Diego Museum of Man,” is corrected by substituting the following paragraph:

    In 1930, human remains representing, at minimum, 140 individuals, including some cremated remains, were collected by Malcolm J. Rogers during an expedition for the San Diego Museum of Man. These human remains were excavated or collected on the surface from 31 SNI sites with Rogers' field numbers (with equivalent Smithsonian trinomial, when known) SN-01 (CA-SNI-7), SN-01A (CA-SNI-5), SN-03 (CA-SNI-4), SN-04 (CA-SNI-3), SN-05 (CA-SNI-137), SN-06, SN-07 (CA-SNI-54), SN-07A (CA-SNI-318), SN-12 (CA-SNI-11), SN-13 (CA-SNI-12), SN-14 (CA-SNI-25), SN-15 (CA-SNI-21), SN-16, SN-17 (CA-SNI-141), SN-18 (CA-SNI-15/16), SN-19 (CA-SNI-158), SN-20 (CA-SNI-56), SN-21, SN-21A (CA-SNI-157), SN-21A (CA-SNI-159), SN-21A (CA-SNI-160), SN-21A (CA-SNI-161), SN-21A (CA-SNI-171), SN-21B (CA-SNI-18), SN-21C (CA-SNI-39), SN-22, SN-23 (CA-SNI-41), SN-24 (CA-SNI-20), SN-26, SN-27, SN-31, and some without site attribution. No known individuals were identified. The 186 associated funerary objects, listed as individual or grouped catalogued items, are grouped by site. The four associated funerary objects from SN-01 (SNI-7) are one scarified mortar and three dog burials. The two associated funerary objects from SN-06 are unmodified abalone shells. The 15 associated funerary objects from SN-07 (SNI-54) are two bowl fragments, one broken steatite pendant, one lot of burned animal bones, one chipped stone fragment, two doughnut stones, one Olivella bead side section, one projectile point, one stone effigy, one stone pendant, three stone spindles and one unmodified animal femur. The one associated funerary object from SN-07A (SNI-318) is an animal femur. The one associated funerary object from SN-13 (SNI-12) is a groundstone. The 46 associated funerary objects from SN-14 (SNI-25) are two arrow points, one bone awl, one bone harpoon, one bone with asphaltum, 11 broken steatite doughnut stones, one burned fish hook, one Franciscan chert blade fragment, two incised steatite bowl fragments, one incised steatite tablet, one modified animal bone with filigree incising, one lot of modified stone, two lots of modified stone bowl fragments, one obsidian knife, one ovate chert knife, one pendant, two lots of shell beads, one small obsidian spear point, one lot of steatite and shell beads, two lots of steatite bowl fragments, one lot of steatite bowl fragments with asphaltum, one steatite seal effigy, two stone beads, one stone pendant fragment, and seven whale bone tool fragments. The seven associated funerary objects associated with SN-15 (SNI-21) are one lot of asphaltum with basketry impressions, one lot of modified shell, one modified bird bone, three modified stone fragments, and one lot of modified whale bone fragments. The five associated funerary objects associated with SN-16 are one sandstone fish hook reamer, one lot of bivalve marine shells, one lot of beads, one necklace of Olivella beads, and one lot of Olivella square shell beads. The one associated funerary object associated with SN-18 (SNI-15/16) is a lot of beads. The two associated funerary objects associated with SN-19 (SNI-158) are one pestle and one mortar. The eight associated funerary objects associated with SN-20 (SNI-56) are one lot of bird bone beads, one alabaster bead, one steatite pendant, one lot of animal bone fragments, one bone awl, one animal bone tool, one steatite bowl, and one steatite canoe effigy. The 30 associated funerary objects from SN-21A are three lots of beads, one lot of shell beads with pendant, one concretion or root cast file, one deer bone awl base, one flake scraper, four ground stone pestles, one lot of yellow ochre, two lots of modified animal bone, one obsidian projectile point, one obsidian projectile point tip, one lot of Olivella, keyhole limpet and tufa beads, three pendants, two red ochre fragments, one root cast, one soil sample, one stone canoe effigy, one tufa stone, two lots of vessel fragments, one lot of possible whale bone grave markers, and one whale bone spear point. The three associated funerary objects from SN-21A (SNI-157) are one deer antler pressure flaker, one lot of Olivella shell beads, and one quartzite stone for melting asphaltum. The three associated funerary objects from SN-21A (SNI-159) are two obsidian spear points and one necklace of steatite and Olivella shell beads. The four associated funerary objects from SN-21A (SNI-160) are one steatite ring fragment, two fish hook reamers, and one lot of Olivella shell beads. The one associated funerary object from SA-21A (SNI-171) is a lot of modified pelican bone. The two associated funerary objects associated with SN-22 are one modified whale bone fragment, and one steatite bead. The 31 associated funerary objects associated with SN-23 (SNI-41) are one chisel with asphaltum, 10 ground stone pendant and vessel fragments, 11 chipped stone tools (projectile point, biface and flakes), one groundstone vessel fragment, seven bone tools and one lot of shell beads. The seven associated funerary objects associated with SN-24 (SNI-20) are one stone pipe with single groove base, one wood tool, two projectile points, one lot of modified bone tools, one canid cranium, and one lot of modified stone. The 13 associated funerary objects associated with SN-31 are two lots of modified bone, five modified bone pendants, one lot of modified lithics, and five lots of shell beads.

    In the Federal Register (80 FR 10509, February 26, 2015), column 3, paragraph 2, sentence 1, under the heading “(iv) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the San Diego Museum of Man,” is corrected by substituting the following sentence:

    In 1937 and 1939, human remains representing, at minimum, 26 individuals, including four cremations, were transferred to the San Diego Museum of Man from the San Diego Museum of Natural History.

    In the Federal Register (80 FR 10509, February 26, 2015), column 3, paragraph 2, sentence 5, under the heading “(iv) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the San Diego Museum of Man,” is corrected by substituting the following sentence:

    The five associated funerary objects, listed as individual or grouped catalogued items, include two lots of shell beads, one abalone fishhook, and two steatite effigies.

    In the Federal Register (80 FR 10510, February 26, 2015), column 1, paragraph 2, sentence 4, under the heading “(iv) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the San Diego Museum of Man,” is corrected by substituting the following sentence:

    The four associated funerary objects, listed as individual or grouped catalogued items, are one abalone shell with asphaltum, one piece of charcoal, one animal bone tool, and one lot of unmodified shells.

    In the Federal Register (80 FR 10510, February 26, 2015), column 1, paragraph 3, under the heading “(iv) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the San Diego Museum of Man,” is corrected by substituting the following paragraph:

    On an unknown date, human remains representing, at minimum, four individuals were surface collected from SNI and donated to the San Diego Museum of Man. No specific provenience information beyond their SNI origin exists for these human remains; they were most likely collected by Malcom J. Rogers during an expedition for the San Diego Museum of Man in 1930, or part of the 1936 San Diego Natural History Museum transfer. No known individuals were identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10510, February 26, 2015), column 1, paragraph 4, under the heading “(v) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Santa Barbara Museum of Natural History,” is corrected by substituting the following paragraph:

    Between 1945 and 1948, human remains representing, at minimum, 19 individuals were collected by Phil Orr during excavations on SNI for the Santa Barbara Museum of Natural History. These human remains were excavated or surface collected from 7 SNI sites—CA-SNI-5 (Orr's 133.5), CA-SNI-7 (Orr's 133.7), CA-SNI-10 (Orr's 133.10), CA-SNI-17 (Orr's 133.15), CA-SNI-21 (Orr's 133.21), Orr's 133.17 and Orr's 133.18. No known individuals were identified. The 17 associated funerary objects, listed as individual or grouped catalogued items, are one abalone shell dish, one large bird radius/ulna, two misc. shells, one lot of Olivella shell beads, one lot of mixed Olivella shell beads and bone points, one string of Olivella shell beads, one lot of shell beads, two spire topped Olivella shell beads, two steatite donut stones, one steatite pendant, and four stone beads.

    In the Federal Register (80 FR 10510, February 26, 2015), column 1, paragraph 5, under the heading “(v) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Santa Barbara Museum of Natural History,” is corrected by deleting the following paragraph:

    In 1948, human remains representing, at minimum, two individuals were collected by Phil Orr during excavations at Orr's site number 133.18 (associated state trinomial site number unknown) for the Santa Barbara Museum of Natural History. No known individuals were identified. The one associated funerary object is a lot of shell beads.

    In the Federal Register (80 FR 10510, February 26, 2015), column 2, paragraph 1, sentence 1, under the heading “(v) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Santa Barbara Museum of Natural History,” is corrected by substituting the following sentence:

    In 1959, human remains representing, at minimum, one individual were collected by Thomas Bird and donated to the Santa Barbara Museum of Natural History in 1990.

    In the Federal Register (80 FR 10510, February 26, 2015), column 2, paragraph 2, sentence 1, under the heading “(v) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Santa Barbara Museum of Natural History,” is corrected by substituting the following sentence:

    In 1960, human remains representing, at minimum, two individuals were collected by David Roy Wiser on a construction site near the Department of the Navy's island airstrip and donated to the Santa Barbara Museum of Natural History.

    In the Federal Register (80 FR 10510, February 26, 2015), column 2, paragraph 3, sentence 1, under the heading “(v) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Santa Barbara Museum of Natural History,” is corrected by substituting the following sentence:

    In 1966, human remains representing, at minimum, one individual were collected by U.S. Navy personnel from a site with the Santa Barbara Museum of Natural History Site Number 133.54 (the equivalent Smithsonian trinomial is unknown) and donated to the Santa Barbara Museum of Natural History.

    In the Federal Register (80 FR 10510, February 26, 2015), column 2, paragraph 4, sentence 1, under the heading “(v) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Santa Barbara Museum of Natural History,” is corrected by substituting the following paragraph:

    In 1970, human remains representing, at minimum, one individual were donated by Art McHarg to the Santa Barbara Museum of Natural History.

    In the Federal Register (80 FR 10510, February 26, 2015), column 3, paragraph 1, under the heading “(vi) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Southwest Museum of the American Indian at the Autry Museum of the American West,” is corrected by deleting the following paragraph:

    Circa 1900, human remains representing, at minimum, one individual were collected by Margaret Nix and donated to the Southwest Museum. No specific provenience information beyond their SNI origin exists for these human remains. No known individual was identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10510, February 26, 2015), column 3, paragraph 2, sentence 1, under the heading “(vi) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Southwest Museum of the American Indian at the Autry Museum of the American West,” is corrected by substituting the following sentence:

    Circa 1926, human remains representing, at minimum, two individuals, were collected by Norman Murdoch and donated to the Southwest Museum in 1976.

    In the Federal Register (80 FR 10510, February 26, 2015), column 3, paragraph 3, sentence 1, under the heading “(vi) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Southwest Museum of the American Indian at the Autry Museum of the American West,” is corrected by substituting the following paragraph:

    Between 1958 and 1960, human remains representing, at minimum, 48 individuals were collected by Bruce Bryan, Charles Rozaire, George Kritzman, and others during Southwest Museum expeditions to SNI. These human remains were excavated or surface collected from nine SNI sites—CA-SNI-11, CA-SNI-12, CA-SNI-16, CA-SNI-38, CA-SNI-41, CA-SNI-47, CA-SNI-51, CA-SNI-55, CA-SNI-97. No known individuals were identified. The 129 associated funerary objects, listed as individual or grouped catalogued items, are divided among the different sites. The four associated funerary objects from SNI-11 are one lot bird bone, one complete small mortar, one lot red ceramic pieces, and one lot tarring pebbles with asphaltum. The 17 associated funerary objects from SNI-12 are one lot Abalone shell beads, one Abalone shell fragment, three Abalone shell pendants, one lot Abalone square shell beads, one lot coral fragments, one limpet shell, one lot miscellaneous shell fragments, three lots Olivella shell beads, two lots sea urchin fragments, one lot snail shells, and two lots Tegula shell fragments. The 25 associated funerary objects from SNI-16 are four lots Abalone shell fragments, one bag misc. shell and faunal, one bag of burnt pebbles, shell fragments and animal bone, one lot Basketry impression soil, two lots Asphaltum fragments, one lot clam or oyster shell fragments, one lot coral fragments, two lots fish bone, two lots Limpet shells, one Oyster shell pendant, one lot rodent bones, two lots sea urchin fragments, one lot shell beads, one lot shell fragments, two lots snail shell fragments, one lot Tegula shell fragments, and one lot whole Olivella beads. The three associated funerary objects from SNI-38 are one lot Abalone shell fragments, one lot unmodified animal bone, and one steatite effigy. The seven associated funerary objects from SNI-41 are one lot Tegula shells, two lots Abalone shell, one lot unmodified animal bones, one lot Chiton shells, one Olivella shell disc bead, and one sandstone object. The 14 associated funerary objects from SNI-47 are one lot barnacle shell, one lot Abalone shells, one lot mussel shells, one Tegula shell, two granite bowl fragments, one Limpet shell, two polished soapstone effigy fragments, one lot red Abalone shells, one sandstone mano, one lot sea urchin fragments, one shell fragment, and one woven sea grass fiber. The 33 associated funerary objects from SNI-51 are one lot of misc. worked and unworked shell, four lots of mixed stone, shell and bone tools, beads, and lithics, with misc. fragments of animal bone and shell, one lot of tarred pebbles with one flake, one clump of soil with sea grass, two lots animal bone, three unmodified animal bones, two lots charcoal, one modified animal bone, two lots burned bone beads with circular incised groove, one lot burned bone tube beads, one lot tube beads, two lots disc-shaped beads, one lot disc-shaped shell beads, one Conus californicus spire-lopped shell bead, one lot disc-shaped stone beads, two lots Mytilus disc-shaped shell beads with centrally-drilled hole, one lot Olivella shell bead blank, one lot Olivella shell beads, one lot red ochre pigment fragments, three lots spire-lopped shell beads, and one lot woven seagrass pieces. The two associated funerary objects from SNI-55, listed as individual or grouped catalogued items, are one lot Abalone shell beads and one lot Olivella shell beads. The 24 associated funerary objects from SNI-97 are two asphaltum fragments, one bag of seagrass cordage and matting with one bone fragment, two bundles of fibers and soil, one lot sea grass cordage, one lot Black Abalone shells, one burned and ground animal bone fragments, one lot of ground animal bone fragment, one lot burned wood fragments, one core hammerstone, one Cowrie shell fragment, one Mussel shell fragment, one lot fish and animal bone, one ground stone fragment, two stone scrapers, two Quartzite flake or pestle fragments, one lot shell beads, one lot shell fragments, one stone hoe or chopper, one lot of unworked pebble and one possible scraper.

    In the Federal Register (80 FR 10510, February 26, 2015), column 3, paragraph 4, sentence 1, under the heading “(vi) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Southwest Museum of the American Indian at the Autry Museum of the American West,” is corrected by substituting the following sentence:

    Between 1977 and 1984, human remains representing, at minimum, four individuals were collected from sites CA-SNI-11, CA-SNI-12, CA-SNI-13 and CA-SNI-54 by George Kritzman, Fred Reinman, and others during California State University Los Angeles research on SNI and donated to the Southwest Museum at an unknown date.

    In the Federal Register (80 FR 10511, February 26, 2015), column 1, paragraph 1, sentence 3, under the heading “(vi) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Southwest Museum of the American Indian at the Autry Museum of the American West,” is corrected by substituting the following sentence:

    The 88 associated funerary objects, listed as individual or grouped catalogued items are one lot of undifferentiated animal bone, 81 bone awls, one lot of green abalone fragments, one lot of mussel shell fragments, one coral bead, one lot of sea-matting, cordage and fibers, one shell fragment, and one lot of soil and bone fragments.

    In the Federal Register (80 FR 10511, February 26, 2015), column 1, paragraph 2, sentence 3, under the heading “(vi) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Southwest Museum of the American Indian at the Autry Museum of the American West,” is corrected by substituting the following sentence:

    The one associated funerary object, listed as an individual catalogued item, is a clam shell.

    In the Federal Register (80 FR 10511, February 26, 2015), column 1, paragraph 3, under the heading “(vi) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Southwest Museum of the American Indian at the Autry Museum of the American West,” is corrected by deleting the following paragraph:

    One additional set of human remains representing, at minimum, 1 individual, that also has no specific information on date of collection/donation or a collector, does have accompanying documentation indicating it was collected from site CA-SNI-11. No known individual was identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10511, February 26, 2015), column 1, paragraph 4, under the heading “(vii) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the U.C. Berkeley Phoebe A. Hearst Museum of Anthropology,” is corrected by deleting the following paragraph:

    In 1901, human remains representing at minimum, 2 individuals were collected by P.M. Jones and donated to the Lowie Museum of Anthropology (the predecessor of the U.C. Berkeley Phoebe A. Hearst Museum of Anthropology). No primary documentation or specific provenience information beyond their SNI origin exists for these human remains. No known individuals were identified. No associated funerary objects are present.

    In the Federal Register (80 FR 10511, February 26, 2015), column 1, paragraph 5, under the heading “(vii) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the U.C. Berkeley Phoebe A. Hearst Museum of Anthropology,” is corrected by deleting the following paragraph:

    In 1902, human remains representing, at minimum, 24 individuals were collected by Mrs. Blanche Trask during her botanical survey of SNI and donated to the then Lowie Museum of Anthropology. No primary documentation or specific provenience information beyond their SNI origin exists for these human remains. No known individuals were identified. The 1 associated funerary object is a large abalone shell lying atop the cranium of the individual human remains cataloged as 382-12-2187.

    In the Federal Register (80 FR 10511, February 26, 2015), column 2, paragraph 1, sentence 1, under the heading “(vii) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the U.C. Berkeley Phoebe A. Hearst Museum of Anthropology,” is corrected by substituting the number “17” with the number “18.”

    In the Federal Register (80 FR 10511, February 26, 2015), column 2, paragraph 2, sentence 1, under the heading “(vii) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the U.C. Berkeley Phoebe A. Hearst Museum of Anthropology,” is corrected by substituting the number “2” with the number “3.”

    In the Federal Register (80 FR 10511, February 26, 2015), column 2, paragraph 2, under the heading “(vii) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the U.C. Berkeley Phoebe A. Hearst Museum of Anthropology,” is corrected by inserting the following sentence after sentence 1:

    The human remains were originally donated through the U.C. Museum of Paleontology.

    In the Federal Register (80 FR 10511, February 26, 2015), column 2, the following information is added after paragraph 2:

    (viii) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Fowler Museum at UCLA

    In 1953, human remains representing, at minimum, two individuals (two adult females) were possibly collected by Clement Meighan and Hal Eberhart from site CA-SNI-56/18A. No known individuals were identified. One associated funerary object was collected, a spool-shaped object made from a whale vertebra.

    In 1956, human remains representing, at, minimum one individual (an adult female) was surface collected from San Nicolas Island and brought into the UCLA Dickey Biology collections. It was transferred to the Fowler Museum in 1993 for NAGPRA inventory. No known individual was identified. No associated funerary objects are present.

    In 1960, human remains representing, at minimum one individual (an infant), was surface collected from San Nicolas Island by Sam-Joe Townsend & S. Rootenberg without further provenience information. No known individual was identified. No associated funerary objects are present.

    (ix) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Natural History Museum of Los Angeles County

    In the 1930s, human remains representing, at minimum, four individuals were collected by an individual named Howard Arden Edwards of the Antelope Valley Museum. The human remains were transferred to the Natural History Museum of Los Angeles County by Grace Oliver of the Antelope Valley Museum in 1979. No primary documentation or specific provenience information beyond their SNI origin exists for these human remains. No known individuals were identified. No associated funerary objects are present.

    In an unknown year, human remains representing, at minimum, 20 individuals were collected by Roy Moodie and later donated to the Natural History Museum of Los Angeles County in 1970. No specific provenience information beyond their SNI origin exists for these human remains. No known individuals were identified. No associated funerary objects are present.

    In an unknown year, human remains representing, at minimum, one individual were donated by S.C. Evans to the Natural History Museum of Los Angeles County. No specific provenience information beyond their SNI origin exists for these human remains. No known individuals were identified. No associated funerary objects are present.

    (x) Human Remains and Associated Funerary Objects in the Possession of the Naval Base Ventura (NBVC) San Nicolas Island Curation Facility

    In 1991, human remains representing, at minimum, one individual were collected by Dana Bleitz in a caliche soil sample from CA-SNI-351; the embedded human remains were only identified when the sample was being cleaned ca. 2015. No known individuals were identified. No associated funerary objects are present.

    In 1999, human remains representing, at minimum, one individual were collected by CSU Los Angeles during excavation of a historic-period Chinese abalone site, CA-SNI-323H. No known individuals were identified. No associated funerary objects are present.

    In 2005, human remains representing, at minimum, one individual were collected by CSULA from CA-SNI-238; but were only identified when unsorted screened material was processed by Far Western Anthropological Research Group, Inc., in 2013. No known individuals were identified. No associated funerary objects are present. Documentation indicates theses human remains were transferred to the San Nicolas Island Curation Facility. These human remains have been missing since 2013.

    In 2006, human remains representing, at minimum, one individual were collected by California State University, Fullerton from CA-SNI-503; only identified when previously unsorted screened material was processed by Far Western Anthropological Research Group, Inc. in 2013. No known individuals were identified. No associated funerary objects are present. Documentation indicates these human remains were transferred to the San Nicolas Island Curation Facility. These human remains have been missing since 2013.

    NAGPRA items in collections at the SNI Curation Facility include two funerary objects associated with human remains located at the Fowler Museum at UCLA and reported in subparagraph (i) of this notice. These associated funerary objects, listed as grouped catalogued items, are one lot of spire-lopped shell beads and one lot of bird bone beads that was collected by Sam-Joe Townsend and Fred Reinman in 1959 at sites SNI-14 and SNI-15 as part of the UCLA Archeological Survey.

    (xi) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the San Diego Museum of Man

    On an unknown date, human remains representing, at minimum, one individual who had been cremated, were collected from SNI and donated to the San Diego Museum of Man. They were identified during a comprehensive inventory of storage areas. No specific provenience information beyond their SNI origin exists for these human remains. No known individual was identified. No associated funerary objects are present.

    (xii) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Santa Barbara Museum of Natural History

    In 1917, human remains representing, at minimum, one individual were collected by an unknown individual and accessioned by the Santa Barbara Museum of Natural History in 2014. No specific provenience information beyond their SNI origin exists for these human remains. No known individual was identified. No associated funerary objects are present.

    In the 1950s, human remains representing, at minimum, two individuals were collected by an unnamed geologist and later given to a local Chumash individual, who donated them to the Santa Barbara Museum of Natural History in 2000. No specific provenience information beyond their SNI origin exists for these human remains. No known individual was identified. No associated funerary objects are present.

    In 1976, human remains representing, at minimum, one individual were collected by R. Russell and initially given to Channel Islands National Park, who then conveyed them to the Santa Barbara Museum of Natural History. No primary documentation or specific provenience information beyond their SNI origin exists for these human remains. No known individual was identified. No associated funerary objects are present.

    In 1976, human remains representing, at minimum, two individuals were surface collected by an unknown individual and donated to the Santa Barbara Museum of Natural History. No specific provenience information beyond their SNI origin exists for these human remains. No known individual was identified. No associated funerary objects are present.

    Navy-controlled NAGPRA items at the Santa Barbara Museum of Natural History also include human remains representing, at minimum, three individuals, that have information on the date of donation (1976, 1992 and 1998, respectively), but lack the name of the collectors or site provenience beyond their SNI origin. No known individual was identified. No associated funerary objects are present.

    (xiii) Navy-Controlled SNI Human Remains and Associated Funerary Objects at the Naval Air Weapons Station (NAWS) China Lake Curation Facility

    In 1993, human remains representing, at minimum, one individual were collected by California State University, Fullerton from CA-SNI-38; but were only identified when previously uncatalogued material was cataloged by the Navy Region Southwest Curation Specialist in 2018. The collection was curated at the Naval Base Ventura County (NBVC) San Nicolas Island Curation Facility from the time of excavation until it was transferred to the NAWS China Lake Curation Facility in 2016. No known individuals were identified. The 32 associated funerary objects, listed as individual or grouped catalogued items, are one piece of porphyritic metavolcanic debitage, one piece of metavolcanic debitage, three lots Balanus sp., three lots charcoal, two lots Cirripedia, one lot Decapoda sp., one lot Haliotis cracherodii, one lot Haliotis sp., one lot Helix sp., one lot Lottia gigantea, two lots Mytilus californianus, one lot red ochre, one lot Olivella biplicata, three lots pisces (undiff.), one lot pisces vertebrae, one lot Septifer bifurcates, six lots Strongylocentrotus sp., one lot Tegula sp., and one lot vermitidae.

    In the Federal Register (80 FR 10511, February 26, 2015), column 2, paragraph 3 sentence 1 is corrected by substituting the following sentence:

    Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 547 individuals of Native American ancestry.

    In the Federal Register (80 FR 10511, February 26, 2015), column 2, paragraph 3, sentence 2 is corrected by substituting the following sentence:

    Pursuant to 25 U.S.C. 3001(3)(A), the 1,017 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    In the Federal Register (80 FR 10511, February 26, 2015), column 2, paragraph 3, sentence 3 is corrected by substituting the following sentence:

    Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Pauma Band of Luiseño Mission Indians of the Pauma & Yuima Reservation, California; Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation, California; Rincon Band of Luiseño Mission Indians of the Rincon Reservation, California; and the Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation, California, hereafter referred to as “The Tribes.”

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Mr. Joseph Montoya, Environmental Planning and Conservation Branch Manager, Naval Base Ventura County, 311 Main Road, Building 1, Code N45V, Point Mugu, CA 93042, telephone (805) 989-3804, email [email protected], by December 19, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to The Tribes may proceed.

    The Department of the Navy is responsible for notifying The Tribes that this notice has been published.

    Dated: October 9, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-25123 Filed 11-16-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026885; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Marshall University, Huntington, WV AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    Marshall University has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to Marshall University. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Marshall University at the address in this notice by December 19, 2018.

    ADDRESSES:

    Jendonnae Houdyschell, Associate General Counsel, Marshall University, One John Marshall Drive, Huntington, WV 25755-1060, telephone (304) 696-6704, email [email protected].

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of Marshall University, Huntington, WV. The human remains and associated funerary objects were removed from the Clover Site (46-CB-40), Cabell County, WV; Snidow Site (46-MC-1 and 46-MC-1/3), Mercer County, WV; Parkersburg, Wood County, WV; and 44-TZ-6, Tazewell County, VA.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by Marshall University professional staff in consultation with representatives of the Absentee-Shawnee Tribe of Indians of Oklahoma; Cheyenne River Sioux Tribe of the Cheyenne River Sioux Reservation, South Dakota; Delaware Tribe of Indians; Eastern Shawnee Tribe of Oklahoma; Kaw Nation, Oklahoma; Onondaga Nation; Saginaw Chippewa Indian Tribe of Michigan; Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga Tribe of Oklahoma); The Osage Nation (previously listed as the Osage Tribe); and Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York). The Haudenosaunee Standing Committee on Burial Rules and Regulations, Acting Chair (and Tonawanda Band of Seneca NAGPRA representative) also participated in the consultation on behalf of the other member Tribes, which are the Cayuga Nation; Onondaga Nation; Saint Regis Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians of New York); Seneca Nation of Indians (previously listed as the Seneca Nation of New York); and the Tuscarora Nation.

    An invitation to consult was extended to the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Bay Mills Indian Community, Michigan; Catawba Indian Nation (aka Catawba Tribe of South Carolina); Cayuga Nation; Cherokee Nation; Chickahominy Indian Tribe; Chickahominy Indian Tribe—Eastern Division; Chippewa Cree Indians of the Rocky Boy's Reservation, Montana (previously listed as the Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana); Delaware Nation, Oklahoma; Delaware Tribe of Indians; Eastern Band of Cherokee Indians; Grand Traverse Band of Ottawa and Chippewa Indians, Michigan; Keweenaw Bay Indian Community, Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan; Minnesota Chippewa Tribe, Minnesota (Six component reservations: Bois Forte Band (Nett Lake); Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band); Monacan Indian Nation; Nansemond Indian Tribe; Omaha Tribe of Nebraska; Oneida Nation (previously listed as the Oneida Tribe of Indians of Wisconsin); Oneida Indian Nation (previously listed as the Oneida Nation of New York); Pamunkey Indian Tribe; Ponca Tribe of Indians of Oklahoma; Ponca Tribe of Nebraska; Rappahannock Tribe, Inc.; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Saint Regis Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians of New York); Sault Ste. Marie Tribe of Chippewa Indians, Michigan; Shawnee Tribe; Sokaogon Chippewa Community, Wisconsin; St. Croix Chippewa Indians of Wisconsin; Stockbridge Munsee Community, Wisconsin; The Quapaw Tribe of Indians; Tunica-Biloxi Indian Tribe; Turtle Mountain Band of Chippewa Indians of North Dakota; Tuscarora Nation; United Keetoowah Band of Cherokee Indians in Oklahoma; Upper Mattaponi Tribe; and the Wyandotte Nation. These Tribes either did not consult or engaged in limited communication.

    Hereafter, all tribes listed in this section are referred to as “The Consulted and Notified Tribes.”

    History and Description of the Remains

    From 1984 through 1986, and again from 1988 through 1989, human remains representing, at minimum, six individuals were removed from the Clover Site (46-CB-40) in Cabell County, WV. The human remains and associated funerary objects were excavated by the Marshall University Archaeological Field School and brought to Marshall University for curation and research. At the time of the excavation, the land was privately owned, it is now owned by the United States. The human remains represent one female aged 12-15 years from Feature 2; one individual (sex indeterminate) aged 14-18 months from Feature 3; one female aged 19-20 years from Feature 4; one male aged 25-26 years from Feature 9; one individual (likely female) more than 25 years old from Feature 21; and one male aged 17-18 years from Feature 27. No known individuals were identified. The 53 associated funerary objects are: One antler flaker, two bone beads, one cannel coal claw pendant, nine lots ceramic sherds, one shell-tempered ceramic vessel, nine chert bifaces, one lump fired clay, one lot C-14 samples, one copper hair ornament, one lot ground stone, eight lots mixed materials, five lots soil samples, three lots faunal material, two lots shell, one mussel shell necklace, one piece worked hematite, two pieces worked shell, one sandstone whetstone, two shell beads, and one stone axe.

    In the mid-1970s, and again in 1988 and 1989, human remains representing, at minimum, 26 individuals were removed from the Snidow Site (46-MC-1) and an adjacent site (46-MC-1/3) in Mercer County, WV. In the 1970s, the Sidnow Site was excavated by a member of the West Virginia Archaeological Society. The finds were brought to Marshall University for study and were later donated to Marshall University. In 1988 and 1989, the Snidow Site was excavated by the Marshall University Archaeological Field School. The human remains were brought to Marshall University for curation and research. On an unknown date, Marshall University sent the human remains belonging to one individual that were removed from Feature 213 at the Snidow Site and the human remains belonging to three individuals that were removed from Feature 596 for analysis. They were never returned, and have not been located. A single bone belonging to one of the individuals removed from Feature 596 has been located at Marshall University. The human remains from 46-MC-1 represent one male, aged 40-45 years from Burial 2A (Feature 596); one juvenile of indeterminate sex from Burial 2 (Feature 35); one individual of indeterminate sex, aged 6-9 months, from Burial 3A (Feature 36); one individual of indeterminate sex, aged 3-6 years, from Burial 3B (Feature 36); one individual of indeterminate sex, aged 13-16 years, from Burial 3C (Feature 36); one newborn of indeterminate sex from Burial 4 (Feature 41); one infant of indeterminate sex from Burial 5 (Feature 38); one infant of indeterminate sex from Burial 6 (Feature 37); one juvenile of indeterminate sex from Burial 7 (Feature 40); one individual of indeterminate sex, aged 4-6 months from Burial 8A (Feature 42); one individual of indeterminate sex, aged 3-4 years from Burial 8B (Feature 42); one individual of indeterminate sex, aged 4-6 years from Burial 8C (Feature 42); one individual of indeterminate sex, aged 3-4 years from Burial 8D (Feature 42); one juvenile of indeterminate sex from Burial 9 (Feature 43); one individual of indeterminate sex, aged 5-6 years from Burial 10A (Feature 40); one individual of indeterminate sex, aged 18-24 months from Burial 10B (Feature 40); one juvenile of indeterminate sex from Burial 11A (Feature 45); one adult of indeterminate sex from Burial 11B (Feature 45); one infant of indeterminate sex from Burial 12 (Feature 48); one infant of indeterminate sex from Burial 13 (Feature 49); and one infant of indeterminate sex from Burial 14 (Feature 53). The human remains from 46-MC-1/3 represent one infant of indeterminate sex from Burial 1 (Feature 19); one adult of indeterminate sex from Burial 2 (Feature 8); one infant of indeterminate sex from Burial 3 (Feature 30); one adult (possibly female) from Burial 4 (Feature 28); and one individual of indeterminate sex and age from Burial 6 (C2). No known individuals were identified. The 54 funerary objects are two lots bone beads, one lot C-14 samples, five lots ceramics, two lots charcoal, one lot clay, 12 lots faunal material, three lots flotation samples, four lots lithics, eight lots mixed materials, seven lots shell, six lots shell beads, and three lots soil samples.

    On an unknown date, human remains representing, at minimum, one individual are believed to have been removed from Parkersburg, on the Ohio River, in Wood County, WV. In the 1980s, a display case containing these human remains and unrelated cultural items was donated to the Marshall University by the Huntington Museum of Art. The human remains represent one male aged 24-27. No known individuals were identified. No associated funerary objects are present.

    Sometime prior to 1996, human remains representing, at minimum, one individual were removed from the Hogue Site (44-TZ-6) in Tazewell County, VA. The human remains were found in an archeology collection that was donated to Marshall University by a vocational archeologist accessioned by the University in 1996. The human remains are from Burial 32 (Feature 212), and are of indeterminate sex and age. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Marshall University

    Officials of Marshall University have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on archeological context (Clover and Snidow Sites); the surface wear and coloration of the bone, provenience, and the similarity of the human remains to those from the Clover site, a Late Prehistoric site (Parkersburg site); and the preservation of the bones (Site 44-TZ-6).

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of a minimum of 34 individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the 107 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and associated funerary objects and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders, indicate that the land from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Absentee-Shawnee Tribe of Indians of Oklahoma; Cayuga Nation; Cherokee Nation; Chickahominy Indian Tribe; Chickahominy Indian Tribe—Eastern Division; Delaware Nation, Oklahoma; Delaware Tribe of Indians; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; Monacan Indian Nation; Nansemond Indian Tribe; Oneida Nation (previously listed as the Oneida Tribe of Indians of Wisconsin); Oneida Indian Nation (previously listed as the Oneida Nation of New York); Onondaga Nation; Pamunkey Indian Tribe; Rappahannock Tribe, Inc.; Saint Regis Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians of New York); Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga Tribe of Oklahoma); Shawnee Tribe; Stockbridge Munsee Community, Wisconsin; Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York); Tuscarora Nation; United Keetoowah Band of Cherokee Indians in Oklahoma; Upper Mattaponi Tribe; and the Wyandotte Nation.

    • Other authoritative government sources indicate that the land from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Bad River Band of Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Bay Mills Indian Community, Michigan; Catawba Indian Nation (aka Catawba Tribe of South Carolina); Cheyenne River Sioux Tribe of the Cheyenne River Sioux Reservation, South Dakota; Chippewa Cree Indians of the Rocky Boy's Reservation, Montana (previously listed as the Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana); Grand Traverse Band of Ottawa and Chippewa Indians, Michigan; Kaw Nation, Oklahoma; Keweenaw Bay Indian Community, Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan; Minnesota Chippewa Tribe, Minnesota (Six component reservations: Bois Forte Band (Nett Lake); Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band); Omaha Tribe of Nebraska; Ponca Tribe of Indians of Oklahoma; Ponca Tribe of Nebraska; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Saginaw Chippewa Indian Tribe of Michigan; Saint Regis Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians of New York); Sault Ste. Marie Tribe of Chippewa Indians, Michigan; Sokaogon Chippewa Community, Wisconsin; St. Croix Chippewa Indians of Wisconsin; The Osage Nation (previously listed as the Osage Nation); The Quapaw Tribe of Indians; Tunica-Biloxi Indian Tribe; and the Turtle Mountain Band of Chippewa Indians of North Dakota.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains and associated funerary objects may be to The Consulted and Notified Tribes.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Jendonnae Houdyschell, Associate General Counsel, Marshall University, One John Marshall Drive, Huntington, WV 25755-1060, telephone (304) 696-6704, email [email protected], by December 19, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to The Consulted and Notified Tribes may proceed.

    Marshall University is responsible for notifying The Consulted and Notified Tribes that this notice has been published.

    Dated: October 25, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-25124 Filed 11-16-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0026786; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Land Management, Utah State Office, Salt Lake City, UT, and Southern Utah University, Cedar City, UT; Correction AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice; correction.

    SUMMARY:

    The U.S. Department of the Interior, Bureau of Land Management, Utah State Office has corrected an inventory of human remains and associated funerary objects, published in a Notice of Inventory Completion in the Federal Register on October 12, 2004. This notice corrects the minimum number of individuals. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Bureau of Land Management, Utah State Office. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Bureau of Land Management, Utah State Office at the address in this notice by December 19, 2018.

    ADDRESSES:

    Diana Barg, Museum Collections Manager, Bureau of Land Management, 440 W 200 S Suite 500, Salt Lake City, UT 84101, telephone (801) 539-4214, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the correction of an inventory of human remains and associated funerary objects under the control of the U.S. Department of the Interior, Bureau of Land Management, Utah State Office, Salt Lake City, UT. The human remains and associated funerary objects were removed from multiple locations in Washington and Kane Counties, UT.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    This notice corrects the minimum number of individuals published in a Notice of Inventory Completion in the Federal Register (69 FR 60664-60666, October 12, 2004). Osteological analysis conducted after the original publication of the Federal Register Notice in 2004 found that two individuals originally reported on the notice were representative of four individuals. Additionally, one individual that was reported on the original publication of the Federal Register Notice was later determined to have been left in situ at the time of excavation and, therefore, should not have been included in the original NAGPRA inventory nor reported on the initial notice. Transfer of control of the items in this correction notice has not occurred.

    Correction

    In the Federal Register (69 FR 60665, October 12, 2004), column 1, paragraph 2 is corrected by deleting the following paragraph:

    In 1983, human remains representing a minimum of one individual were removed from site 42Ws392 during legally authorized data recovery efforts as part of the Quail Creek Mitigation Project, Washington County, UT. No known individual was identified. No associated funerary objects are present.

    In the Federal Register (69 FR 60665, October 12, 2004), column 1, paragraph 3 is corrected by deleting the following paragraph:

    Based on ceramic and architectural styles, site organization, and other archeological information, site 42Ws392 has been identified as a multicomponent Pueblo I and late Pueblo II period occupation site. The site has been assigned to the archeologically defined culture known as Virgin Anasazi, a specific regional manifestation of Puebloan culture.

    In the Federal Register (69 FR 60665, October 12, 2004), column 2, paragraph 4, sentence 1 is corrected by substituting the following sentence:

    In 1979, human remains representing a minimum of four individuals were removed from site 42Ws969 Washington County, UT, during legally authorized excavations undertaken by the Southern Utah University Field School.

    In the Federal Register (69 FR 60665, October 12, 2004), column 3, paragraph 6, sentence 1 is corrected by substituting the following sentence:

    Officials of the U.S. Department of the Interior, Bureau of Land Management, Utah State Office have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of 12 individuals of Native American ancestry.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Diana Barg, Museum Collections Manager, Bureau of Land Management, 440 W 200 S Suite 500, Salt Lake City, UT 84101, telephone (801) 539-4214, email [email protected], by December 19, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Hopi Tribe of Arizona may proceed.

    The Bureau of Land Management, Utah State Office is responsible for notifying the Hopi Tribe of Arizona that this notice has been published.

    Dated: October 12, 2018. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2018-25125 Filed 11-16-18; 8:45 am] BILLING CODE 4312-52-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1046] Certain Non-Volatile Memory Devices and Products Containing Same; Commission Determination To Rescind Remedial Orders Issued in This Investigation Based Upon License and Settlement AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has determined to rescind the limited exclusion order and cease and desist orders issued in this investigation based upon settlement.

    FOR FURTHER INFORMATION CONTACT:

    Panyin Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3042. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission instituted Inv. No. 337-TA-1046 on April 12, 2017, based on a complaint filed by Macronix International Co., Ltd. of Hsin-chu, Taiwan and Macronix America, Inc. of Milpitas, California (collectively, “Macronix”). 82 FR 17687-88 (Apr. 12, 2017). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain non-volatile memory devices and products containing the same that infringe certain claims of U.S. Patent No. 6,552,360; U.S. Patent No. 6,788,602 (“the '602 patent”); and U.S. Patent No. 8,035,417. The Notice of Investigation named the following respondents: Toshiba Corporation of Tokyo, Japan; Toshiba America, Inc. of New York, New York; Toshiba America Electronic Components, Inc. of Irvine, California; Toshiba America Information Systems, Inc. of Irvine, California; and Toshiba Information Equipment (Philippines), Inc. of Binan, Philippines (collectively, “Toshiba”). The Office of Unfair Import Investigations was also named as a party to the investigation.

    On June 16, 2017, the Commission determined not to review the ALJ's order (Order No. 11) granting an unopposed motion to amend the Notice of Investigation to add Toshiba Memory Corporation of Tokyo, Japan as a respondent. See Order 11, Comm'n Notice of Non-Review (June 16, 2017).

    On April 13, 2018, the ALJ issued her final initial determination finding no violation of section 337 violation with respect to the asserted patents. On June 28, 2018, the Commission determined to review the final ID in part. See 83 FR 31416-18 (July 5, 2018). On review, the Commission found a violation of section 337 in connection with asserted claim 6 of the '602 patent. See 83 FR 51980-82 (Oct. 15, 2018). Having found a violation, the Commission determined that the appropriate remedy is a limited exclusion order (“LEO”) against Toshiba's infringing products and cease and desist orders (“CDOs”) against the domestic Toshiba respondents. See id.

    On October 15, 2018, Macronix and Toshiba filed a joint petition to rescind the LEO and CDOs based upon a license and settlement agreement. The petition states that rescission is warranted because “the specific conduct covered by the Remedial Orders has become authorized or licensed by way of settlement and license.” Petition at 2. On October 25, 2018, the Commission investigative attorney filed a response in support of the petition. No other party filed response or opposition to the petition.

    In view of the settlement agreement between Macronix and Toshiba, the Commission finds that the conditions justifying the remedial orders no longer exist, and therefore, granting the petition is warranted under 19 U.S.C. 1337(k) and 19 CFR 210.76(a). Accordingly, the Commission has determined to rescind the remedial orders.

    The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: November 13, 2018. Lisa Barton, Secretary to the Commission.
    [FR Doc. 2018-25091 Filed 11-16-18; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140-0026] Agency Information Collection Activities; Proposed eCollection eComments Requested; Report of Theft or Loss of Explosives—ATF F 5400.5 AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    The proposed information collection was previously published in the Federal Register, on September 10, 2018, allowing for a 60-day comment period. Comments are encouraged and will be accepted for an additional 30 days until December 19, 2018.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Jason Lynch, United States Bomb Data Center (USBDC) either by mail at 3750 Corporal Road, Redstone Arsenal, AL 35898, by email at [email protected], or by telephone at 256-261-7588.

    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 agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —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 (check justification or form 83): Extension of a currently approved collection.

    2. The Title of the Form/Collection: Report of Theft or Loss of Explosives.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection:

    Form number (if applicable): ATF F 5400.5.

    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: Business or other for-profit.

    Other (if applicable): Individuals or households, Not-for-profit institutions, Farms, Federal Government, and State, Local, or Tribal Government.

    Abstract: According to 27 CFR 555.30 (a), “Any licensee or permittee who has knowledge or theft or loss of any explosive materials from his stock shall, within 24 hours of discovery, report the theft or loss by telephoning 1-800-800-3855 (nationwide toll free number) and on ATF F 5400.5, Report of Theft or Loss of Explosives, in accordance with the instructions on the form.”

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 300 respondents will utilize the form, and it will take each respondent approximately 1 hour and 48 minutes to complete the form.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 540 hours, which is equal to 300 (# of respondents) * 1 (# of responses per respondents) * 1.8 (l hour and 48 minutes).

    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: November 14, 2018. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2018-25169 Filed 11-16-18; 8:45 am] BILLING CODE 4410-14-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

    On November 9, 2018, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of South Carolina in the lawsuit entitled United States et al. v. Beazer East, Inc., Civil Action No. 2:18-cv-03051-DCN.

    This case involves claims for natural resource damages under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq., and related state law, stemming from contamination at the National Priorities List (“NPL”) Superfund site known as the Koppers Co., Inc. (Charleston Plant) NPL Site (the “Site”) in Charleston, South Carolina. The settlement resolves the alleged claims by required defendant to: (1) Implement an approximately 70 acre salt marsh wetlands restoration project; (2) pay $400,000 to the federal and state natural resource trustees (the “Trustees”) to fund an additional restoration project; (3) pay $390,000 to South Carolina Department of Natural Resources for injury to groundwater; and, (4) pay $1,000,000 to the Trustees for their costs of injury assessment.

    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 et al. v. Beazer East, Inc., D.J. Ref. No. 90-11-2-08343. 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.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 $27.00 (25 cents per page reproduction cost) payable to the United States Treasury.

    Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2018-25110 Filed 11-16-18; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2018-0012] Advisory Committee on Construction Safety and Health (ACCSH); Charter Renewal AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Renewal of the ACCSH charter.

    SUMMARY:

    The Secretary of Labor (Secretary) has renewed the charter for ACCSH.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Damon S. Bonneau, OSHA Directorate of Construction, Occupational Safety and Health Administration; telephone (202) 693-2020 (TTY (877) 889-5627); email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Secretary has renewed the ACCSH charter. The new charter will expire two years from the filing date.

    Congress established ACCSH in Section 107 of the Contract Work Hours and Safety Standards Act (Construction Safety Act (CSA)) (40 U.S.C. 3704(d)(4)), to advise the Secretary in the formulation of construction safety and health standards as well as on policy matters arising under the CSA and the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.).

    ACCSH operates in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2), its implementing regulations (41 CFR part 102-3), OSHA's regulations on ACCSH (29 CFR part 1912), Secretary of Labor's Order 04-2018 (83 FR 35680, 7/27/18), and Chapter 1600 of Department of Labor Manual Series 3 (7/18/2016). Pursuant to FACA (5 U.S.C. App. 2, 14(b)(2)), the ACCSH charter must be renewed every two years.

    The new charter updates the procedures for appointment of individuals to Department of Labor advisory committees.

    Authority and Signature: Loren Sweatt, Deputy Assistant Secretary for Occupational Safety and Health, directed the preparation of this document under the authority granted by 29 U.S.C. 656; 40 U.S.C. 3704; 5 U.S.C. App. 2; 29 CFR parts 1911 and 1912; 41 CFR 102-3; and Secretary of Labor's Orders No. 1-2012 (77 FR 3912, 1/25/12).

    Signed at Washington, DC, on November 9, 2018. Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health.
    [FR Doc. 2018-25113 Filed 11-16-18; 8:45 am] BILLING CODE 4510-26-P
    LEGAL SERVICES CORPORATION Sunshine Act Meeting TIME AND DATE:

    The Legal Services Corporation's Board of Directors will meet telephonically on November 26, 2018. Immediately following the Board of Directors telephonic meeting, the Audit and Finance Committees will hold a combined closed telephonic meeting. The meetings will commence at 2:00 p.m., EST, and will continue until the conclusion of the combined Committees' agenda.

    PLACE:

    John N. Erlenborn Conference Room, Legal Services Corporation Headquarters, 3333 K Street NW, Washington, DC 20007.

    PUBLIC OBSERVATION:

    Members of the public who are unable to attend in person but wish to listen to the public proceedings may do so by following the telephone call-in directions provided below.

    Call-In Directions for Open Sessions

    • Call toll-free number: 1-866-451-4981;

    • When prompted, enter the following numeric pass code: 5907707348;

    • When connected to the call, please immediately “MUTE” your telephone.

    Members of the public are asked to keep their telephones muted to eliminate background noises. To avoid disrupting the meeting, please refrain from placing the call on hold if doing so will trigger recorded music or other sound. From time to time, the Chair may solicit comments from the public.

    Board of Directors Meeting

    Status: Open.

    Matters To Be Considered: