Federal Register Vol. 83, No.228,

Federal Register Volume 83, Issue 228 (November 27, 2018)

Page Range60729-61107
FR Document

83_FR_228
Current View
Page and SubjectPDF
83 FR 60894 - Government in the Sunshine Act Meeting NoticePDF
83 FR 60905 - Sunshine Act MeetingPDF
83 FR 60883 - Opening of Registration for Certified Cargo Screening Facilities-CaninePDF
83 FR 60850 - Agency Information Collection Activities; Proposed Collection; Comment Request; EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response (Renewal); EPA ICR Number 1426.12, OMB Control Number 2050-0105PDF
83 FR 60866 - Notice of Availability for the Record of Decision of the Environmental Impact Statement for the Proposed Master Plan for the Consolidation of the U.S. Food and Drug Administration Headquarters at the Federal Research Center at White Oak, located in Silver Spring, MDPDF
83 FR 60916 - Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing of a Proposed Rule Change Relating To Adopt Complex Reserve Order FunctionalityPDF
83 FR 60911 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing of a Proposed Rule Change Relating To Adopt Complex Reserve Order FunctionalityPDF
83 FR 60935 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Add to the Rules of the Exchange the Twelfth Amended and Restated Operating Agreement of the New York Stock Exchange LLCPDF
83 FR 60931 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade Shares of the First Trust Long Duration Opportunities ETF Under NYSE Arca Rule 8.600-EPDF
83 FR 60938 - Notice of Final Federal Agency Actions of Proposed Highway in CaliforniaPDF
83 FR 60939 - Notice of Final Federal Agency Actions on Proposed Highway in CaliforniaPDF
83 FR 60938 - Motorcyclist Advisory Council to the Federal Highway AdministrationPDF
83 FR 60897 - Bulk Manufacturer of Controlled Substances RegistrationPDF
83 FR 60898 - Bulk Manufacturer of Controlled Substances Application: Noramco Inc.PDF
83 FR 60896 - Importer of Controlled Substances Application: Akorn, Inc.PDF
83 FR 60900 - Importer of Controlled Substances Application: Fisher Clinical Services, Inc.PDF
83 FR 60825 - Marine Mammals; Pinniped Removal Authority; Approval of ApplicationPDF
83 FR 60822 - False Killer Whale Take Reduction Team; Meeting AnnouncementPDF
83 FR 60897 - Importer of Controlled Substances Application: Cambridge Isotope LaboratoriesPDF
83 FR 60882 - National Counter-Improvised Explosive Device Capabilities Analysis DatabasePDF
83 FR 60903 - Importer of Controlled Substances Application: Sigma Aldrich Co., LLCPDF
83 FR 60896 - Importer of Controlled Substances RegistrationPDF
83 FR 60900 - Bulk Manufacturer of Controlled Substances Application: Cayman Chemical CompanyPDF
83 FR 60899 - Importer of Controlled Substances Application: GE HealthcarePDF
83 FR 60898 - Importer of Controlled Substances RegistrationPDF
83 FR 60899 - Bulk Manufacturer of Controlled Substances Application: Insys Manufacturing, LLCPDF
83 FR 60791 - List of Rules To Be Reviewed Pursuant to the Regulatory Flexibility ActPDF
83 FR 60885 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality ActPDF
83 FR 60893 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Lower Colorado River Well InventoryPDF
83 FR 60873 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
83 FR 60886 - Agency Information Collection Activities; Revision of a Currently Approved Collection: Application for Certificate of CitizenshipPDF
83 FR 60888 - Agency Information Collection Activities; Revision of a Currently Approved Collection: Application for Regional Center Under the Immigrant Investor Pilot Program and SupplementPDF
83 FR 60887 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Petition for Qualifying Family Member of a U-1 Nonimmigrant.PDF
83 FR 60890 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: AABB Accredited Laboratory Testing; Rapid DNA Prototype Accelerated Nuclear DNA Equipment (ANDE) by NetBio; Rapid DNA Prototype RapidHIT200 by IntegenXPDF
83 FR 60889 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Application for Asylum and for Withholding of RemovalPDF
83 FR 60888 - Agency Information Collection Activities; Revision of a Currently Approved Collection: Application for Replacement Naturalization/Citizenship DocumentPDF
83 FR 60891 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Application for Temporary Protected StatusPDF
83 FR 60954 - Qualification of Drivers; Exemption Applications; VisionPDF
83 FR 60937 - Designation of Hajji `Abd al-Nasir, aka Hajji Abdelnasser, aka Hajji Abd al-Nasr, aka Taha al-Khuwayt as a Specially Designated Global TerroristPDF
83 FR 60953 - Qualification of Drivers; Exemption Application; NarcolepsyPDF
83 FR 60950 - 30-Day Notice of Proposed Information Collection: Pilot Program To Allow 18- to 21-Year-Old Persons With Military Driving Experience To Operate Commercial Motor Vehicles (CMVs) in Interstate CommercePDF
83 FR 60957 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
83 FR 60940 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
83 FR 60945 - Qualification of Drivers; Exemption Applications; HearingPDF
83 FR 60802 - Safety Zone for Fireworks Display; Spa Creek, Annapolis, MDPDF
83 FR 60874 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
83 FR 60946 - Agency Information Collection Activities; Approval of a New Information Collection Request: Truck and Bus Maintenance Requirements and Their Impact on SafetyPDF
83 FR 60829 - Notice of Request for Information (RFI)-Technology Commercialization FundPDF
83 FR 60830 - Energy Conservation Program: Extension of Waiver to Apple Inc. from the Department of Energy External Power Supply Test ProcedurePDF
83 FR 60876 - Solicitation for Written Comments on Proposed Objectives for Healthy People 2030PDF
83 FR 60874 - Statewide Data Indicators for Child and Family Services Reviews: Request for Public CommentPDF
83 FR 60937 - Notice of Determinations; Culturally Significant Object Imported for Exhibition-Determinations: “Manet and Modern Beauty” ExhibitionPDF
83 FR 60804 - Change to the Definition of “Human Organ” Under Section 301 of the National Organ Transplant Act of 1984; WithdrawalPDF
83 FR 60823 - Pacific Fishery Management Council; Public MeetingPDF
83 FR 60823 - Gulf of Mexico Fishery Management Council; Public MeetingPDF
83 FR 60824 - Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public MeetingPDF
83 FR 60824 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingPDF
83 FR 60942 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From SmartDrive Systems, Inc.PDF
83 FR 60821 - Aluminum Wire and Cable From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty InvestigationPDF
83 FR 60943 - Hours of Service of Drivers: National Mobile Shower and Catering Association; Application for ExemptionPDF
83 FR 60948 - Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for ExemptionPDF
83 FR 60877 - Request for Public Comment: 30-Day Proposed Information Collection: Addendum to Declaration for Federal Employment, Child Care and Indian Child Care Worker PositionsPDF
83 FR 60960 - Privacy Act of 1974; Department of Transportation, Office of the Secretary of Transportation; DOT/ALL-27; Department of Transportation Training ProgramsPDF
83 FR 60827 - Senior Executive Service Performance Review BoardPDF
83 FR 60863 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
83 FR 60729 - ``Buy American'' RequirementPDF
83 FR 60835 - Cat Creek Energy, LLC; Notice of Successive Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
83 FR 60837 - Iron Horse Pipeline, LLC; Notice of Petition for Declaratory OrderPDF
83 FR 60844 - TransMontaigne Product Services LLC v. Colonial Pipeline Company; Notice of ComplaintPDF
83 FR 60834 - Saddle Butte Pipeline III, LLC; Notice of Request for Temporary WaiverPDF
83 FR 60837 - Buckeye Power, Inc.; Notice of FilingPDF
83 FR 60835 - American Electric Power Service Corporation v. PJM Interconnection L.L.C.; Notice of ComplaintPDF
83 FR 60836 - Kansas Electric Power Cooperative, Inc. v. Westar Energy, Inc.; Notice of ComplaintPDF
83 FR 60841 - Algonquin Gas Transmission, LLC; Notice of ApplicationPDF
83 FR 60842 - Gulf South Pipeline, LP; Notice of Intent To Prepare an Environmental Assessment for the Proposed Petal III Compression Project and Request for Comments on Environmental IssuesPDF
83 FR 60837 - Eastern Shore Natural Gas Company; Notice of Schedule for Environmental Review of the Del-Mar Energy Pathway ProjectPDF
83 FR 60860 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
83 FR 60854 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
83 FR 60856 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
83 FR 60936 - Reporting and Recordkeeping Requirements Under OMB ReviewPDF
83 FR 60907 - New Postal ProductsPDF
83 FR 60859 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
83 FR 60860 - Information Collections Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
83 FR 60857 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
83 FR 60880 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed MeetingsPDF
83 FR 60879 - National Cancer Institute; Notice of Closed MeetingsPDF
83 FR 60776 - Atlantic Highly Migratory Species; Commercial Blacktip Sharks in the Eastern Gulf of Mexico Sub-Region; ClosurePDF
83 FR 60878 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
83 FR 60881 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
83 FR 60879 - Government-Owned Inventions; Availability for LicensingPDF
83 FR 60881 - National Institute on Alcohol Abuse and Alcoholism; Notice of MeetingPDF
83 FR 60881 - Submission for OMB Review; 30-Day Comment Request Data and Specimen Hub (DASH) (Eunice Kennedy Shriver National Institute of Child Health and Human Development); CorrectionPDF
83 FR 60965 - Advisory Committee on Minority Veterans; Notice of MeetingPDF
83 FR 60833 - Pixelle Specialty Solutions LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
83 FR 60833 - Combined Notice of Filings #1PDF
83 FR 60764 - Airworthiness Directives; Hoffmann GmbH & Co. KG PropellersPDF
83 FR 60851 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Technical Assistance Needs Assessments (TANAs) at Superfund Remedial or Removal Sites (Renewal)PDF
83 FR 60845 - Agency Information Collection Activities; Renewal Request Submitted to OMB for Review and Approval; Comment Request; Premanufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical SubstancesPDF
83 FR 60848 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Continuous Release Reporting Requirement Including Analysis for Use of Continuous Release Reporting Forms (Renewal)PDF
83 FR 60848 - Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Criteria for Classification of Solid Waste Disposal Facilities and PracticesPDF
83 FR 60844 - Agency Information Collection Activities; Renewal Request Submitted to OMB for Review and Approval; Comment Request; PCBs, Consolidated Reporting and Record Keeping RequirementsPDF
83 FR 60853 - Agency Information Collection Activities; Renewal Request Submitted to OMB for Review and Approval; Comment Request; Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies (Renewal)PDF
83 FR 60836 - Combined Notice of FilingsPDF
83 FR 60827 - Agency Information Collection Activities; Comment Request; OESE Performance Review and Self-Assessment ProtocolPDF
83 FR 60852 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Other Solid Waste Incineration Units (Renewal)PDF
83 FR 60849 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Monthly Progress Reports (Renewal)PDF
83 FR 60904 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Approval of a New Collection; Comments Requested: National Survey of Victim Service Providers (NSVSP)PDF
83 FR 60784 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management AreaPDF
83 FR 60892 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
83 FR 60966 - Notice of Request for Information on the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers (PCAFC)PDF
83 FR 60862 - Agency Information Collection Activities: Proposed Collection Renewal; Comment Request (OMB No. 3064-0161)PDF
83 FR 60826 - Proposed Collection; Comment RequestPDF
83 FR 60839 - Combined Notice of FilingsPDF
83 FR 60832 - Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: KCE NY 1, LLCPDF
83 FR 60833 - Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: DG Whitefield LLCPDF
83 FR 60832 - Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Springfield Power, LLCPDF
83 FR 60838 - Combined Notice of Filings #1PDF
83 FR 60836 - Notice of Effectiveness of Exempt Wholesale Generator Status: Persimmon Creek Wind Farm 1, LLC; Stillwater Wind, LLC; Crazy Mountain Wind LLC; Blue Cloud Wind Energy, LLC; Green River Wind Farm Phase 1, LLC; Santa Rita East Wind Energy LLCPDF
83 FR 60840 - Combined Notice of Filings #1PDF
83 FR 60842 - Combined Notice of FilingsPDF
83 FR 60868 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
83 FR 60870 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
83 FR 60872 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
83 FR 60895 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
83 FR 60828 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Grantee Reporting Form-Rehabilitation Services Administration (RSA) Annual Payback ReportPDF
83 FR 60825 - U.S. Strategic Command Strategic Advisory Group; Notice of Federal Advisory Committee MeetingPDF
83 FR 60777 - Atlantic Highly Migratory Species; 2019 Atlantic Shark Commercial Fishing YearPDF
83 FR 60821 - Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment AssistancePDF
83 FR 60905 - Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978PDF
83 FR 60818 - General Services Administration Acquisition Regulation (GSAR); Adoption of Construction Project Delivery Method Involving Early Industry Engagement-Construction Manager as Constructor (CMc); CorrectionPDF
83 FR 60909 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Relocate Registration, Qualification Examination and Continuing Education RulesPDF
83 FR 60924 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Article II, Section 2.03(h)(ii) and Article VI of Its Operating AgreementPDF
83 FR 60921 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend Its Rules Regarding How the System Handles Market Orders in Series With No Bid or No OfferPDF
83 FR 60927 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Order Granting Approval of a Proposed Rule Change To Amend MSRB Rule G-3, on Professional Qualification Requirements, To Require Municipal Advisor Principals To Become Appropriately Qualified by Passing the Municipal Advisor Principal Qualification ExaminationPDF
83 FR 60863 - Agency Information Collection Activities; Submission for OMB Review; Comment RequestPDF
83 FR 60937 - Determination on Imposition and Waiver of Sanctions Under Sections 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003PDF
83 FR 60818 - Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 6; Revised 2018-2019 SpecificationsPDF
83 FR 60894 - American Manufacturing Competitiveness Act: Effects of Duty Suspensions and Reductions on the U.S. Economy; Submission of Questionnaire for OMB ReviewPDF
83 FR 60908 - Product Change-Priority Mail Negotiated Service AgreementPDF
83 FR 60909 - Product Change-Priority Mail Negotiated Service AgreementPDF
83 FR 60908 - Product Change-Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service AgreementPDF
83 FR 60908 - Product Change-Priority Mail Express Negotiated Service AgreementPDF
83 FR 60921 - Submission for OMB Review; Comment RequestPDF
83 FR 60847 - Agency Information Collection Activities; Submitted to OMB for Review and Approval; Comment Request; Certification of Pesticide Applicators (Renewal)PDF
83 FR 60959 - Pipeline Safety: Meeting of the Voluntary Information-Sharing System Working GroupPDF
83 FR 60788 - Proposed Amendment of Air Traffic Service (ATS) Route T-333; Western United StatesPDF
83 FR 60786 - Proposed Amendment of Air Traffic Service (ATS) Route T-331; Western United StatesPDF
83 FR 60826 - Charter Renewal of Department of Defense Federal Advisory CommitteesPDF
83 FR 60906 - New Postal ProductPDF
83 FR 60789 - Proposed Amendment of E Airspace; Flippin, ARPDF
83 FR 60769 - Air Plan Approval; AK: Fine Particulate Matter Infrastructure RequirementsPDF
83 FR 60756 - Airworthiness Directives; Airbus SAS AirplanesPDF
83 FR 60762 - Airworthiness Directives; Fokker Services B.V. AirplanesPDF
83 FR 60767 - Airworthiness Directives; Dassault Aviation AirplanesPDF
83 FR 60867 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
83 FR 60963 - Proposed Information Collections; Comment Request (No. 72)PDF
83 FR 60759 - Airworthiness Directives; The Boeing Company AirplanesPDF
83 FR 60754 - Airworthiness Directives; Airbus SAS AirplanesPDF
83 FR 60773 - Modernization of Media Regulation Initiative: Revisions to Cable Television Rate RegulationsPDF
83 FR 60804 - Modernization of Media Regulation Initiative: Revisions to Cable Television Rate RegulationsPDF
83 FR 60732 - Revisions to Civil Penalty AmountsPDF
83 FR 60970 - Hazardous Materials: Harmonization With International StandardsPDF
83 FR 61072 - Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz Band Between 809-817/854-862 MHz; Improve Access to PLMR Spectrum; Land Mobile Communications CouncilPDF

Issue

83 228 Tuesday, November 27, 2018 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60867-60868 2018-25626 Agriculture Agriculture Department See

Rural Utilities Service

Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60963-60965 2018-25530 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60868-60873 2018-25750 2018-25751 2018-25752 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60873-60874 2018-25840 2018-25858 Children Children and Families Administration NOTICES Statewide Data Indicators for Child and Family Services Reviews, 60874-60876 2018-25835 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Fireworks Display, Spa Creek, Annapolis, MD, 60802-60804 2018-25841 Commerce Commerce Department See

Economic Development Administration

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60826 2018-25761 Charter Renewals: Department of Defense Federal Advisory Committees, 60826-60827 2018-25709 Meetings: U.S. Strategic Command Strategic Advisory Group, 60825-60826 2018-25745 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Senior Executive Service Performance Review Board, 60827 2018-25817 Drug Drug Enforcement Administration NOTICES Bulk Manufacturers of Controlled Substances; Applications: Cayman Chemical Co., 60900-60903 2018-25865 Insys Manufacturing, LLC, 60899-60900 2018-25862 Noramco, Inc., 60898 2018-25874 Bulk Manufacturers of Controlled Substances; Registrations, 60897 2018-25875 Importers of Controlled Substances; Applications: Akorn, Inc., 60896-60897 2018-25873 Cambridge Isotope Laboratories, 60897-60898 2018-25869 Fisher Clinical Services, Inc., 60900 2018-25872 GE Healthcare, 60899 2018-25864 Sigma Aldrich Co., LLC, 60903-60904 2018-25867 Importers of Controlled Substances; Registrations, 60896, 60898-60899 2018-25863 2018-25866 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Petitions, 60821 2018-25743 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grantee Reporting Form—Rehabilitation Services Administration Annual Payback Report, 60828-60829 2018-25747 Office of Elementary and Secondary Education Performance Review and Self-Assessment Protocol, 60827-60828 2018-25772 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Energy Conservation Program: Extension of Waiver to Apple Inc. from the Department of Energy External Power Supply Test Procedure, 60830-60832 2018-25837 Requests for Information: Technology Commercialization Fund, 60829-60830 2018-25838
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska; Fine Particulate Matter Infrastructure Requirements, 60769-60773 2018-25681 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Pesticide Applicators, 60847 2018-25713 Continuous Release Reporting Requirement Including Analysis for Use of Continuous Release Reporting Forms, 60848-60849 2018-25777 Criteria for Classification of Solid Waste Disposal Facilities and Practices, 60848 2018-25776 EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response, 60850-60851 2018-25890 Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies, 60853-60854 2018-25774 Monthly Progress Reports, 60849-60850 2018-25769 New Source Performance Standards for Other Solid Waste Incineration Units, 60852 2018-25770 Polychlorinated Biphenyls, Consolidated Reporting and Record Keeping Requirements, 60844-60845 2018-25775 Premanufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances, 60845-60846 2018-25778 Technical Assistance Needs Assessments at Superfund Remedial or Removal Sites, 60851-60852 2018-25779 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 60754-60759 2018-25392 2018-25663 Dassault Aviation Airplanes, 60767-60769 2018-25661 Fokker Services B.V. Airplanes, 60762-60764 2018-25662 Hoffmann GmbH and Co. KG Propellers, 60764-60766 2018-25780 The Boeing Company Airplanes, 60759-60761 2018-25394 Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 PROPOSED RULES Amendment of Air Traffic Service Routes: T-331; Western United States, 60786-60788 2018-25710 T-333; Western United States, 60788-60789 2018-25711 Amendment of E Airspace: Flippin, AR, 60789-60791 2018-25706 Federal Communications Federal Communications Commission RULES Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz Band Between 809-817/854-862 MHz; Improve Access to PLMR Spectrum: Land Mobile Communications Council, 61072-61107 2018-24022 Modernization of Media Regulation Initiative: Revisions to Cable Television Rate Regulations, 60773-60776 2018-25326 PROPOSED RULES Modernization of Media Regulation Initiative: Revisions to Cable Television Rate Regulations, 60804-60818 2018-25325 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60854-60862 2018-25794 2018-25796 2018-25797 2018-25800 2018-25801 2018-25802 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60862-60863 2018-25762 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Algonquin Gas Transmission, LLC, 60841-60842 2018-25806 Combined Filings, 60833-60834, 60836-60842 2018-25753 2018-25754 2018-25756 2018-25760 2018-25773 2018-25781 Complaints: American Electric Power Service Corp. v. PJM Interconnection, LLC, 60835 2018-25808 Kansas Electric Power Coop., Inc. v. Westar Energy, Inc., 60836 2018-25807 TransMontaigne Product Services, LLC v. Colonial Pipeline Co., 60844 2018-25811 Effectiveness of Exempt Wholesale Generator Status: Persimmon Creek Wind Farm 1, LLC; Stillwater Wind, LLC; Crazy Mountain Wind, LLC; Blue Cloud Wind Energy, LLC; Green River Wind Farm Phase 1, LLC; Santa Rita East Wind Energy, LLC, 60836 2018-25755 Environmental Assessments; Availability, etc.: Eastern Shore Natural Gas Co.; Del-Mar Energy Pathway Project: Review, 60837-60838 2018-25804 Gulf South Pipeline, LP; Petal III Compression Project, 60842-60844 2018-25805 Filings: Buckeye Power, Inc., 60837 2018-25809 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: DG Whitefield, LLC, 60833 2018-25758 KCE NY 1, LLC, 60832 2018-25759 Pixelle Specialty Solutions, LLC, 60833 2018-25782 Springfield Power, LLC, 60832 2018-25757 Permit Applications: Cat Creek Energy, LLC, 60835-60836 2018-25813 Petitions for Declaratory Orders: Iron Horse Pipeline, LLC, 60837 2018-25812 Requests for Waivers: Saddle Butte Pipeline III, LLC, 60834-60835 2018-25810 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 60938-60940 2018-25877 2018-25878 Meetings: Motorcyclist Advisory Council, 60938 2018-25876 Federal Motor Federal Motor Carrier Safety Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Truck and Bus Maintenance Requirements and Their Impact on Safety, 60946-60948 2018-25839 Applications; Exemptions: Parts and Accessories Necessary for Safe Operation; SmartDrive Systems, Inc., 60942-60943 2018-25825 Hours of Service of Drivers: National Mobile Shower and Catering Assn.; Application for Exemption, 60943-60945 2018-25821 Specialized Carriers and Rigging Assn.; Application for Exemption, 60948-60950 2018-25820 Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 60957-60959 2018-25844 Epilepsy and Seizure Disorders, 60940-60942, 60950-60953 2018-25843 2018-25846 Hearing, 60945-60946 2018-25842 Narcolepsy, 60953-60954 2018-25848 Vision, 60954-60957 2018-25850 Federal Railroad Federal Railroad Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 60863 2018-25816 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60863-60866 2018-25730 General Services General Services Administration PROPOSED RULES Acquisition Regulation: Adoption of Construction Project Delivery Method Involving Early Industry Engagement—Construction Manager as Constructor (CMc); Correction, 60818 2018-25741 NOTICES Environmental Impact Statements; Availability, etc.: Consolidation of the U.S. Food and Drug Administration Headquarters at the Federal Research Center at White Oak, Silver Spring, MD; Proposed Master Plan, 60866 2018-25887 Health and Human Health and Human Services Department See

Agency for Toxic Substances and Disease Registry

See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Indian Health Service

See

National Institutes of Health

PROPOSED RULES Change to the Definition of Human Organ under the National Organ Transplant Act; Withdrawal, 60804 2018-25833 NOTICES Proposed Objectives for Healthy People 2030, 60876-60877 2018-25836
Homeland Homeland Security Department See

Coast Guard

See

Transportation Security Administration

See

U.S. Citizenship and Immigration Services

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Counter-Improvised Explosive Device Capabilities Analysis Database, 60882-60883 2018-25868
Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Addendum to Declaration for Federal Employment, Child Care and Indian Child Care Worker Positions, 60877-60878 2018-25819 Interior Interior Department See

National Park Service

See

Reclamation Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Wire and Cable from the People's Republic of China, 60821-60822 2018-25824 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Manufacturing Competitiveness Act: Effects of Duty Suspensions and Reductions on the U.S. Economy, 60894-60895 2018-25725 Complaints: Certain Cartridges for Electronic Nicotine Delivery Systems and Components Thereof, 60895-60896 2018-25749 Meetings; Sunshine Act, 60894 2018-25921 Justice Department Justice Department See

Drug Enforcement Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Survey of Victim Service Providers, 60904-60905 2018-25767
Maritime Maritime Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 National Highway National Highway Traffic Safety Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data and Specimen Hub; Correction, 60881-60882 2018-25784 Government-Owned Inventions; Availability for Licensing, 60879 2018-25787 Meetings: National Cancer Institute, 60879-60880 2018-25791 National Institute of Allergy and Infectious Diseases, 60878-60879, 60881 2018-25788 2018-25789 National Institute of Diabetes and Digestive and Kidney Diseases, 60880-60881 2018-25792 National Institute on Alcohol Abuse and Alcoholism, 60881 2018-25785 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: 2019 Atlantic Shark Commercial Fishing Year, 60777-60784 2018-25744 Commercial Blacktip Sharks in the eastern Gulf of Mexico Sub-Region; Closure, 60776-60777 2018-25790 Fisheries of the Exclusive Economic Zone off Alaska: Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 60784-60785 2018-25765 PROPOSED RULES Fisheries of the Northeastern United States: Northeast Skate Complex; Framework Adjustment 6; Revised 2018-2019 Specification, 60818-60820 2018-25727 NOTICES Applications: Marine Mammals; Pinniped Removal Authority, 60825 2018-25871 Meetings: False Killer Whale Take Reduction Team, 60822 2018-25870 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 60824-60825 2018-25827 Gulf of Mexico Fishery Management Council, 60823 2018-25828 Mid-Atlantic Fishery Management Council, 60824 2018-25826 Pacific Fishery Management Council, 60823-60824 2018-25829 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 60892-60893 2018-25764 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 60905 2018-25742 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 60905-60906 2018-25912 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 PROPOSED RULES Hazardous Materials: Harmonization with International Standards, 60970-61070 2018-24620 NOTICES Meetings: Voluntary Information-sharing System Working Group, 60959-60960 2018-25712 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 60906-60908 2018-25708 2018-25798 Postal Service Postal Service NOTICES Product Changes: Priority Mail Express Negotiated Service Agreement, 60908-60909 2018-25716 2018-25721 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 60908 2018-25722 Priority Mail Negotiated Service Agreement, 60908-60909 2018-25714 2018-25715 2018-25718 2018-25719 2018-25723 2018-25724 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lower Colorado River Well Inventory, 60893-60894 2018-25859 Rural Utilities Rural Utilities Service RULES Buy American Requirement, 60729-60732 2018-25815 Saint Lawrence Saint Lawrence Seaway Development Corporation RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 Securities Securities and Exchange Commission PROPOSED RULES List of Rules to be Reviewed Pursuant to the Regulatory Flexibility Act, 60791-60802 2018-25861 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60921 2018-25720 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 60921-60924 2018-25733 Cboe C2 Exchange, Inc., 60916-60920 2018-25884 Cboe EDGX Exchange, Inc., 60911-60916 2018-25883 Municipal Securities Rulemaking Board, 60927-60931 2018-25732 New York Stock Exchange LLC, 60924-60927 2018-25737 NYSE American, LLC, 60935-60936 2018-25882 NYSE Arca, Inc., 60931-60934 2018-25881 The Nasdaq Stock Market, LLC, 60909-60911 2018-25740 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60936-60937 2018-25799 State Department State Department NOTICES Culturally Significant Object Imported for Exhibition: Manet and Modern Beauty Exhibition, 60937 2018-25834 Designation as a Specially Designated Global Terrorist: Hajji 'Abd al-Nasir, aka Hajji Abdelnasser, aka Hajji Abd al-Nasr, aka Taha al-Khuwayt, 60937-60938 2018-25849 Determination on Imposition and Waiver of Sanctions under the Foreign Relations Authorization Act, 60937 2018-25729 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Maritime Administration

See

National Highway Traffic Safety Administration

See

Pipeline and Hazardous Materials Safety Administration

See

Saint Lawrence Seaway Development Corporation

RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 NOTICES Privacy Act; Systems of Records, 60960-60963 2018-25818
Security Transportation Security Administration NOTICES Opening of Registration for Certified Cargo Screening Facilities—Canine, 60883-60885 2018-25894 Treasury Treasury Department See

Alcohol and Tobacco Tax and Trade Bureau

U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: AABB accredited laboratory testing; Rapid DNA prototype Accelerated Nuclear DNA Equipment by NetBio; Rapid DNA prototype RapidHIT200 by IntegenX, 60890-60891 2018-25854 Application for Asylum and for Withholding of Removal, 60889-60890 2018-25853 Application for Certificate of Citizenship, 60886 2018-25857 Application for Regional Center under the Immigrant Investor Pilot Program and Supplement, 60888 2018-25856 Application for Replacement Naturalization/Citizenship Document, 60888-60889 2018-25852 Application for Temporary Protected Status, 60891-60892 2018-25851 Application for Waiver of the Foreign Residence Requirement of the Immigration and Nationality Act, 60885 2018-25860 Petition for Qualifying Family Member of a U-1 Nonimmigrant, 60887 2018-25855 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Minority Veterans, 60965-60966 2018-25783 Requests for Information: Program of Comprehensive Assistance for Family Caregivers, 60966-60968 2018-25763 Separate Parts In This Issue Part II Transportation Department, Pipeline and Hazardous Materials Safety Administration, 60970-61070 2018-24620 Part III Federal Communications Commission, 61072-61107 2018-24022 Reader Aids

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

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83 228 Tuesday, November 27, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1787 RIN 0572-AC42 “Buy American” Requirement AGENCY:

Rural Utilities Service, USDA.

ACTION:

Final rule.

SUMMARY:

The Rural Utilities Service (RUS), a Rural Development Agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, is issuing a final rule to amend its regulations to address its “Buy American” requirement. This will codify long-standing RUS requirements which Agency borrowers have been required to follow pursuant to statute, bulletin, and contract as early as the 1950s. RUS will rescind Bulletin 43-9:344-3, “ `Buy American' Requirement,” when this regulation becomes effective.

DATES:

This rule is effective November 27, 2018.

FOR FURTHER INFORMATION CONTACT:

Norris Nicholson, Electric Program, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave. SW, Washington, DC 20250, Email: [email protected]; telephone number: (202) 720-1979. Kenneth Kuchno, Telecommunications Program, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave. SW, Washington, DC 20250, email: [email protected], phone number: 202-720-9424.

SUPPLEMENTARY INFORMATION:

Executive Order 12372, Intergovernmental Consultation

This final rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require consultation with State and local officials. A Notice of Final Rule titled Department Programs and Activities Excluded from Executive Order 12372 (50 FR 47034) exempts RUS loans and loan guarantees to governmental and nongovernmental entities from coverage under this Order.

Executive Order 12866, Regulatory Planning and Review

This final rule has been determined to be not significant for the purposes of Executive Order 12866, Regulatory Planning and Review, and therefore has not been reviewed by the Office of Management and Budget (OMB).

Executive Order 12988, Civil Justice Reform

This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. RUS has determined that this final rule meets the applicable standards provided in section 3 of the Executive Order. In addition, all State and local laws and regulations that are in conflict with this rule will be preempted, no retroactive effort will be given to this rule, and, in accordance with Sec. 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. Sec. 6912(e)), administrative appeal procedures, if any, must be exhausted before an action against the Department or its agencies may be initiated.

Executive Order 13175, Consultation and Coordination With Indian Tribal Governments

This final rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes. The policies contained in this final rule do not have Tribal implications that preempt Tribal law. The Agency will continue to work directly with Tribes and Tribal applicants to improve access to Agency programs. This includes providing focused outreach to Tribes regarding implementation of this rule change. Additionally, the Agency will respond in a timely and meaningful manner to all Tribal government requests for consultation concerning this rule. For further information on the Agency's Tribal consultation efforts, please contact Rural Development's Native American Coordinator at (720) 544-2911 or [email protected]

Regulatory Flexibility Act Certification

The Agency has determined that this final rule will not have a significant economic impact on a substantial number of small entities, as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), given that the amendment is only an administrative act on the government's part to codify a statute with respect to obligation of funds.

Information Collection and Recordkeeping Requirements

In accordance with the Paperwork Reduction Act, the paperwork burden associated with this final rule has been approved by the Office of Management and Budget (OMB) under the currently approved OMB Control Numbers 0572-0107. The Agency has determined that this regulatory action does not change any current data collection that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

Catalog of Federal Domestic Assistance

The programs described by this rule are listed in the Catalog of Federal Domestic Assistance programs under No. 10.850, Rural Electrification Loans and Loan Guarantees; No. 10.851, Rural Telephone Loans and Loan Guarantees; and No. 10.852, Rural Telephone Bank Loans and No. 10.886, Rural Broadband Access Loans and Loan Guarantees. All active CFDA programs can be found at www.cfda.gov. The Catalog is available on the internet at http://www.cfda.gov and the General Services Administration's (GSA's) free CFDA website at http://www.cfda.gov. The CFDA website also contains a PDF file version of the Catalog that, when printed, has the same layout as the printed document that the Government Publishing Office (GPO) provides. GPO prints and sells the CFDA to interested buyers. For information about purchasing the Catalog of Federal Domestic Assistance from GPO, call the Superintendent of Documents at 202-512-1800 or toll free at 866-512-1800, or access GPO's online bookstore at http://bookstore.thefederalregister.org.

Unfunded Mandate

This final rule contains no Federal mandates (under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995) for state, local, and tribal governments or the private sector. Therefore, this final rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995.

National Environmental Policy Act Certification

The Administrator of RUS has determined that this final rule will not significantly affect the quality of the human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Therefore, this action does not require an environmental impact statement or assessment.

E-Government Act Compliance

The Agency is committed to the E-Government Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible.

USDA Non-Discrimination Policy

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected]

USDA is an equal opportunity provider, employer, and lender.

Background

The Rural Electrification Act requires that in making loans pursuant to the Rural Electrification Act of 1936, the Secretary of Agriculture shall require that, to the extent practicable and the cost of which is not unreasonable, the borrower agrees to use in connection with the expenditure of such funds only such unmanufactured articles, materials, and supplies, as have been mined or produced in the United States or in any eligible country, and only such manufactured articles, materials, and supplies as have been manufactured in the United States or in any eligible country, substantially all from articles, materials, or supplies mined, produced or manufactured, as the case may be, in the United States or any eligible country. This regulation will codify long-standing RUS requirements which Agency borrowers have been required to follow pursuant to statute, bulletin, and contract as early as the 1950s, but which were inadvertently never codified when all existing RUS bulletins were incorporated into regulation. Nothing in this regulation will change or modify those procedures with respect to borrowers' responsibilities in complying with the Buy American requirement, such as the waiver process, but will simplify compliance by compiling all such existing requirements into a single document.

List of Subjects in 7 CFR Part 1787

Communications equipment, Electric power, Loan programs—communications, Loan programs—energy, Reporting and recordkeeping requirements, Rural areas, Telephone.

For the reasons set out in the preamble, RUS amends 7 CFR chapter XVII by adding part 1787 to reads as follows: PART 1787—THE “BUY AMERICAN” REQUIREMENT Sec. 1787.1 General. 1787.2 Definitions. 1787.3 Products constituting a portion of a purchase order or contract. 1787.4 Unmanufactured articles, materials, and supplies. 1787.5 Eligible countries. 1787.6 Nondomestic products. 1787.7 Components. 1787.8 Purchase of nondomestic products. 1787.9 Waivers. 1787.10 Application for specific waivers. 1787.11 Cost differential. 1787.12 Non-availability or shortages. 1787.13 Public interest or impracticality. 1787.14 General waivers. Appendix A to Part 1787—Product Procurement Authority:

7 U.S.C. 903.

§ 1787.1 General.

(a) The “Buy American” provision of the Rural Electrification Act of 1936 (RE Act) requires, to the extent practicable and the cost of which is not unreasonable, that RUS Borrowers use loan funds only for such manufactured articles, materials, and supplies as have been manufactured in the United States or in any eligible country, substantially all from articles, materials, or supplies mined, produced or manufactured, as the case may be, in the United States or any eligible country.

(b) Each RUS Borrower is responsible for assuring that its use of loan funds complies with this requirement, and that the contracts it enters into for construction, materials and equipment, and purchases with vendors contain the Buy American requirement, along with certification as to compliance, made through RUS Form 213.

§ 1787.2 Definitions.

For purpose of this part, the following terms have the following meanings:

Administrator. The Administrator of the RUS, or his/her designee.

Buy American. A provision of the RE Act requiring that loan funds only be used to purchase products made in the U.S. or an eligible country.

Component. Any article, material, or supply, whether manufactured or unmanufactured, that is directly incorporated into the end product at the final assembly location.

Domestic product. A product or like product which both:

(1) Is manufactured in the United States or in any eligible country; and

(2) Contains components manufactured in the United States or in any eligible country consisting of more than 50 percent of the total cost of all components used in the product.

Eligible country. Any country that the United States Trade Representative determines as having corporations located therein, as eligible to enter into contract with an RUS Borrower, under which loan funds will be provided for unmanufactured and manufactured goods.

Loan funds. Funds provided under an RUS direct or guaranteed loan.

Manufactured. The application of processes to alter the form or function of materials or of elements of the product such that value is added or the materials or elements are transformed into a new end product functionally different from that which would result from mere assembly of the materials or elements.

Nondomestic bid. An offer to sell a nondomestic product to an RUS borrower.

Nondomestic product. Any product other than a domestic product or product from an eligible country.

Product. An item of manufactured material or assembled components, which is complete and capable of performing an intended practical purpose.

RE Act. Rural Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.).

RUS. The Rural Utilities Service.

RUS Borrower. Any organization that has an outstanding RUS loan made or guaranteed by RUS pursuant to the RE Act.

Telecommunications. Any communication service for the transmission or reception of voice, data, sounds, signals, pictures, writings, or signs of all kinds, by wire, fiber, radio, light, or other visual or electromagnetic means, including all telephone lines, facilities, or systems used in the rendition of such service; but shall not be deemed to mean message telegram service or community antenna television system services or broadcasting facilities other than those intended exclusively for educational purposes, or radio broadcasting services or facilities within the meaning of section 3(o) of the Communications Act of 1934, as amended.

Unmanufactured. With respect to articles, materials, or supplies, refers to such goods that have not been manufactured.

§ 1787.3 Products constituting a portion of a purchase order or contract.

Where a supplier or contractor offers or furnishes several products under a purchase order or contract, the provisions of this part apply to each product individually.

§ 1787.4 Unmanufactured articles, materials, and supplies.

The Buy American requirement also applies to unmanufactured articles, materials, and supplies to be financed with RUS loan funds, and will be considered domestic if mined or produced in the United States or in an eligible country.

§ 1787.5 Eligible countries.

The United State Trade Representative (USTR) determines what countries are eligible countries with respect to purchases made by electric borrowers or telecommunications borrowers. A particular country may be determined to be an eligible country for purchases made by telecommunications borrowers, for electric borrowers, or both. RUS maintains the latest Federal Register notice on its website which sets out the list of Eligible Countries for each RUS program at https://www.rd.usda.gov/files/UEP_Engineering_EligibleCountries.pdf.

§ 1787.6 Nondomestic products.

A product is considered to be nondomestic for the purpose of compliance with the “Buy American” requirement if:

(a) The product is manufactured outside the United States or any eligible country; or

(b) The product is manufactured in the United States or in any eligible country, but the cost of nondomestic components used therein constitutes 50 percent or more of the cost of all components. The cost of components shall be determined on a comparable basis, so that only the cost of domestic and nondomestic components, up to the point where they are combined and manufactured into a complete product shall be considered.

(1) The determination of the cost of the nondomestic components of a product shall include:

(i) The price paid to the nondomestic source;

(ii) The cost of shipment to the port of entry into the United States;

(iii) Applicable tariffs or duties;

(iv) The cost of transportation from the port of entry to the distributor's plant or warehouse; and

(v) Profit, overhead, and commissions of domestic and nondomestic suppliers and subcontractors of the components.

(2) The following items shall not be considered in determining the cost of components, although they are proper elements in the determination of the final selling price of the product:

(i) Fabrication or processing costs, if any, of nondomestic or domestic components at the assembly plant, or any other place of fabrication in the United States or any eligible country;

(ii) Testing costs at the assembly plant or at the installation site;

(iii) Direct profit, overhead, and commissions of the domestic distributor; and

(iv) Cost of transportation from the domestic assembly point to the installation site.

§ 1787.7 Components.

Where a component is manufactured only determines whether the component is classified as domestic or nondomestic even if all the materials and subcomponents comprising the component are manufactured in ineligible countries. A component manufactured in the United States or in an eligible country shall be considered domestic when determining whether a product is classified as domestic or nondomestic. A component manufactured in an ineligible country shall be considered nondomestic.

§ 1787.8 Purchase of nondomestic products.

An RUS Borrower may only use loan funds to purchase a nondomestic product if a waiver pursuant to § 1787.10 has been received by the Administrator before entering into a contract with the vendor. Should the Administrator deny the waiver request, the RUS Borrower must use its own funds for the expenditure.

§ 1787.9 Waivers.

Under limited circumstances the Administrator may waive the Buy American requirement with respect to a specific contract entered into between an RUS Borrower and a third party which will be paid for with loan funds, subject to §§ 1787.10 through 1787.14.

§ 1787.10 Applications for specific waivers.

RUS borrowers may request a specific waiver of the Buy American requirement through a written, detailed explanation showing that:

(a) The cost between the nondomestic product and domestic product is unreasonable;

(b) There is a non-availability of domestic products; or

(c) It is not in the public interest or impractical for the RUS Borrower to purchase a domestic product.

§ 1787.11 Cost differential.

By application pursuant to § 1787.10, the Administrator may waive the Buy American requirement if the cost of the domestic product is unreasonable. Given that RUS loans terms normally range from 20 to 35 years, and that additional costs will be magnified with interest over these terms, the Administrator has determined that if the lowest bid or offered price is a nondomestic bid that is at least 6percent lower than the next lowest bid or offered price, the RUS Borrower may request a cost differential waiver. With respect to contracts that are not required to be bid, prices of market-available, domestic products must be used for comparison in a request for waiver.

§ 1787.12 Non-availability or shortages.

By application pursuant to § 1787.10, the Administrator may waive the Buy American requirement upon a showing that there is no domestic product available in the market in sufficient and reasonable quantities and of satisfactory quality, and that such shortage of suitable domestic alternatives jeopardizes the project being completed on budget and/or according to scheduled planning. A lack of responsive and responsible bids to a well-publicized request for bids will be presumed to meet the conditions of a non-availability waiver. With respect to contracts that are not required to be bid, sufficient evidence must be presented to the Administrator in order to make a determination.

§ 1787.13 Public interest or impracticality.

(a) By application pursuant to § 1787.10, the Administrator may waive the Buy American requirement upon a showing that application of the requirement would be inconsistent with the public interest or impractical for the RUS Borrower. With respect to impracticality, an RUS Borrower may request a waiver upon a showing that the domestic product is incompatible or impractical to integrate with existing, significant capital infrastructure or existing, critical software already in use. Notwithstanding, the burden shall rest with the RUS Borrower to present how the use of the domestic product would create a hardship or negatively impact its project.

(b) With respect to contracts that were approved by RUS based on a bidder or offer that originally certified compliance with the Buy America requirements, but which can no longer comply with such certification, the Administrator may grant an impracticality waiver based on a showing that the original certification was made in good faith and that the product cannot now be obtained domestically due to commercial impossibility or impracticability, or without undue hardship or a negative impact to the project.

(c) In determining whether to issue any public interest waiver, the Administrator will consider all appropriate factors on a case-by-case basis, unless a general waiver has already been issued by the Administrator with respect to the product.

§ 1787.14 General waivers.

(a) The Administrator may issue a general waiver for all RUS Borrowers for a determinate period, if the Administrator finds that such manufactured or unmanufactured goods are in shortage regionally or nationally, so as to avoid the administrative burden of issuing individual, specific waivers.

(b) The Administrator has determined that it is in the best interest of RUS to issue a permanent general public interest waiver from the Buy America requirements for “small purchases,” which shall be published in the Federal Register for each program under the RE Act and amended as needed from time to time. In carrying out this exception, however, the Administrator shall ensure that contracts are not artificially fragmented.

Appendix A to Part 1787—Product Procurement

This appendix shows an example of how the 6 percent differential is applied to determine award of a bid. In response to a request for bids for a digital central office a borrower receives four responsive bids to the specification, three domestic bids and one nondomestic bid. The nondomestic bid is the apparent low bid. We will consider in our analysis the nondomestic bid and the lowest domestic bid as shown in the following table.

Nondomestic bid Domestic
  • bid
  • Total materials $895,000 $920,000 Installation 155,000 177,000 Freight +1,000 +1,500 Total bid $1,051,000 $1,098,500

    Please note that once the product has been determined as nondomestic, the 6 percent cost differential shall be applied to all the material content in the nondomestic bid, even if the nondomestic product includes domestic components.

    In this example, 6 percent of the total material content in the nondomestic bid ($895,000) equals $53,700. This cost differential is added to the total nondomestic bid as shown in the following table.

    Total of the nondomestic bid $1,051,000 6% of the all material cost +53,000 Total evaluated bid $1,104,700

    This total evaluated bid, (that is the nondomestic bid plus the 6% of the cost of its material content), is compared with all the domestic bids for award of the bid. In our example the domestic bid ($1,098,500) is lower than the nondomestic evaluated bid ($1,104,700).

    The domestic bid becomes the low bid and the domestic bidder gets award of the bid. This product is classified as domestic since the cost of the domestic components used in the product constitutes more than 50 percent of the cost of all the components used.

    Dated: November 6, 2018. Christopher A. McLean, Acting Administrator, Rural Utilities Service.
    [FR Doc. 2018-25815 Filed 11-26-18; 8:45 am] BILLING CODE 3410-15-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 13 Office of the Secretary 14 CFR Part 383 Federal Aviation Administration 14 CFR Part 406 Saint Lawrence Seaway Development Corporation 33 CFR Part 401 Maritime Administration 46 CFR Parts 221, 307, 340, and 356 Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, and 190 Federal Railroad Administration 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 Federal Motor Carrier Safety Administration 49 CFR Part 386 National Highway Traffic Safety Administration 49 CFR Part 578 RIN 2105-AE70 Revisions to Civil Penalty Amounts AGENCY:

    Department of Transportation (DOT or the Department).

    ACTION:

    Final rule.

    SUMMARY:

    In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2018 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. This rule also finalizes the National Highway Traffic Safety Administration's and the Office of the Secretary's catch-up inflation adjustment interim final rules required by the same Act.

    DATES:

    Effective November 27, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Alex Zektser, Attorney-Advisor, Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-9301, [email protected] (email).

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101-410, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114-74, 129 Stat. 599, codified at 28 U.S.C. 2461 note. The FCPIAA and the 2015 Act require federal agencies to adjust minimum and maximum civil penalty amounts for inflation to preserve their deterrent impact. The 2015 Act amended the formula and frequency of inflation adjustments. It required an initial catch-up adjustment in the form of an interim final rule, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula. Section 4(b)(2) of the 2015 Act specifically directs that the annual adjustment be accomplished through final rule without notice and comment. This rule is effective immediately.

    The Department's authorities over the specific civil penalty regulations being amended by this rule are provided in the preamble discussion below.

    I. Background

    On November 2, 2015, the President signed into law the 2015 Act, which amended FCPIAA, to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act requires federal agencies to: (1) Adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule (IFR); and (2) make subsequent annual adjustments for inflation.

    The 2015 Act directed the Office of Management and Budget (OMB) to issue guidance on implementing the required annual inflation adjustment no later than December 15 of each year.1 On December 15, 2017, OMB released this required guidance, in OMB Memorandum M-18-03, which provides instructions on how to calculate the 2018 annual adjustment. To derive the 2018 adjustment, the Department must multiply the maximum or minimum penalty amount by the percent change between the October 2017 Consumer Price Index for All Urban Consumers (CPI-U) and the October 2016 CPI-U. In this case, as explained in OMB Memorandum M-18-03, the percent change between the October 2017 CPI-U (246.663) and the October 2016 CPI-U (241.729) is 1.02041.

    1 28 U.S.C. 2461 note.

    II. Dispensing With Notice and Comment

    This final rule is being published without notice and comment and with an immediate effective date.

    The 2015 Act provides clear direction for how to adjust the civil penalties, and clearly states at section 4(b)(2) that this adjustment shall be made “notwithstanding section 553 of title 5, United States Code.” By operation of the 2015 Act, DOT must publish an annual adjustment by January 15 of every year, and the new levels take effect upon publication of the rule. NHTSA and OST are finalizing their “catch-up” adjustment interim final rules in this annual adjustment. Pursuant to the 2015 Act and notwithstanding 5 U.S.C. 553, NHTSA and OST adopt their interim final rules as final and superseded by this rule. Accordingly, DOT is publishing this final rule without prior notice and comment, and with an immediate effective date.

    Additionally, the Act clearly prescribes the frequency with which civil monetary penalties must be reviewed and adjusted. NHTSA's regulations at 49 CFR 578.5 stating that the Administrator will review and, if necessary, adjust its civil penalties every four years is superseded by the Act. NHTSA has no discretion to review and adjust its civil penalties at different intervals, and is therefore conforming its regulations to the requirements of the Act, as discussed in section IV below. Accordingly, and pursuant to 5 U.S.C. 553(b)(3)(B), 553(d)(3), DOT finds that good cause exists for immediate implementation of this provision of the final rule without prior notice and comment, and with an immediate effective date.

    III. Discussion of the Final Rule

    In 2016, OST and DOT's operating administrations with civil monetary penalties promulgated the “catch up” IFR required by the 2015 Act. OST and NHTSA have not yet finalized their IFRs, and accordingly, this rule both finalizes OST and NHTSA's “catch up” IFRs and makes the annual inflation adjustment required by the 2015 Act. All other DOT operating administrations have already finalized their “catch up” IFRs and for those operating administrations, this rule makes the annual inflation adjustment required by the 2015 Act.

    The Department emphasizes that this rule adjusts penalties prospectively, and therefore the penalty adjustments made by this rule will apply only to violations that take place after this rule becomes effective. This rule also does not change previously assessed or enforced penalties that DOT is actively collecting or has collected.

    A. OST “Catch-Up” IFR and 2017 and 2018 Adjustments

    OST's “catch-up” IFR is finalized in this rule, and superseded by the annual inflation adjustment discussed in the next section. Additionally, OST is updating its civil monetary penalties to reflect inflation for both 2017 and 2018 in this rule. OST did not timely complete the 2017 annual adjustment for civil penalties contained in 49 U.S.C. 46301. However, consistent with the intent of the law and to ensure uniform year-over-year application of the 2015 Act, the 2018 update is being calculated as if the 2017 update had occurred. No violations will be assessed at the 2017 inflation adjustment amount. It is included in the chart below to clearly show the Department's calculations.

    OST's 2018 civil penalty adjustments are summarized in the chart below.

    Description Citation Existing
  • penalty
  • Unpromulgated 2017 adjustment
  • (existing penalty × 1.01636)
  • New penalty
  • (2017
  • adjustment
  • × 1.02041)
  • General civil penalty for violations of certain aviation economic regulations and statutes 49 U.S.C. 46301(a)(1) $32,140 $32,666 $33,333 General civil penalty for violations of certain aviation economic regulations and statutes involving an individual or small business concern 49 U.S.C. 46301(a)(1) 1,414 1,437 1,466 Civil penalties for individuals or small businesses for violations of most provisions of Chapter 401 of Title 49, including the anti-discrimination provisions of sections 40127 and 41705 and rules and orders issued pursuant to these provisions 49 U.S.C. 46301(a)(5)(A) 12,856 13,066 13,333 Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41719 and rules and orders issued pursuant to that provision 49 U.S.C. 46301(a)(5)(C) 6,428 6,533 6,666 Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41712 or consumer protection rules and orders issued pursuant to that provision 49 U.S.C. 46301(a)(5)(D) 3,214 3,267 3,334
    B. FAA 2018 Annual Adjustment

    In 2016, Congress enacted 49 U.S.C. 46320. It imposes a civil penalty of not more than $20,000 for operating an unmanned aircraft where the operator knowingly or recklessly interferes with a wildfire suppression, law enforcement, or emergency response effort. The FAA did not adjust this maximum civil penalty for inflation in 2017 because, per OMB guidance, new civil monetary penalties are not adjusted for inflation the first year they are in effect.2 Therefore, the FAA is applying the 2018 adjustment directly to the statutory maximum of $20,000. The 2018 adjustment is therefore $20,408.

    2 OMB Memorandum M-16-06.

    The FAA's 2018 adjustments are summarized in the following chart:

    Description Citation Existing
  • penalty
  • New penalty
  • (existing penalty × 1.02041)
  • Violation of hazardous materials transportation law 49 U.S.C. 5123(a)(1) $78,376 $79,976 Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction 49 U.S.C. 5123(a)(2) 182,877 186,610 Minimum penalty for violation of hazardous materials transportation law relating to training 49 U.S.C. 5123(a)(3) 471 481 Maximum penalty for violation of hazardous materials transportation law relating to training 49 U.S.C. 5123(a)(3) 78,376 79,976 Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) 49 U.S.C. 46301(a)(1) 32,666 33,333 Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)) 49 U.S.C. 46301(a)(1) 1,437 1,466 Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)) 49 U.S.C. 46301(a)(1) 1,437 1,466 Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii) 49 U.S.C. 46301(a)(5)(A) 13,066 13,333 Violation by an individual or small business concern related to the transportation of hazardous materials 49 U.S.C. 46301(a)(5)(B)(i) 13,066 13,333 Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation 49 U.S.C. 46301(a)(5)(B)(ii) 13,066 13,333 Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills 49 U.S.C. 46301(a)(5)(B)(iii) 13,066 13,333 Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts 49 U.S.C. 46301(a)(5)(B)(iv) 13,066 13,333 Tampering with a smoke alarm device 49 U.S.C. 46301(b) 4,194 4,280 Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States 49 U.S.C. 46302 22,957 23,426 Interference with cabin or flight crew 49 U.S.C. 46318 34,731 35,440 Permanent closure of an airport without providing sufficient notice 49 U.S.C. 46319 13,066 13,333 Operating an unmanned aircraft and in so doing knowingly or recklessly interfering with a wildfire suppression, law enforcement, or emergency response effort 49 U.S.C. 46320 20,000 20,408 Violation of 51 U.S.C. 50901-50923, a regulation issued under these statutes, or any term or condition of a license or permit issued or transferred under these statutes 51 U.S.C. 50917(c) 229,562 234,247

    In addition to the civil penalties listed in the above chart, FAA regulations also provide for maximum civil penalties for violation of 49 U.S.C. 47528-47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels. Those civil penalties are identical to the civil penalties imposed under 49 U.S.C. 46301(a)(1) and (a)(5), which are detailed in the above chart, and therefore, the noise-level civil penalties will be adjusted in the same manner as the section 46301(a)(1) and (a)(5) civil penalties.

    C. NHTSA “Catch-Up” IFR and 2017 and 2018 Adjustments

    NHTSA's “catch-up” IFR is finalized in this rule, and superseded by the annual inflation adjustment discussed in the next section. Additionally, NHTSA is updating its civil monetary penalties to reflect inflation for both 2017 and 2018 in this rule. NHTSA did not timely complete the 2017 annual adjustment for its civil penalty authority. However, consistent with the intent of the law and to ensure uniform year-over-year application of the 2015 Act, the 2018 update is being calculated as if the 2017 update had occurred. No violations will be assessed at the 2017 inflation adjustment amount. It is included in the chart below to clearly show the Department's calculations. NHTSA's 2018 civil penalty adjustments are summarized in the chart below.3

    3 On December 28, 2016, NHTSA published a final rule regarding some aspects of its IFR provisions regarding Corporate Average Fuel Economy (CAFE) penalties. 81 FR 95489 (Dec. 28, 2016). On July 12, 2017, NHTSA announced that it was reconsidering that final rule. 82 FR 32140 (July 12, 2017). Accordingly, the CAFE civil penalty provisions at 49 U.S.C. 32912(b)-(c) and 49 CFR 578.6(h)(2), which are the subject of the reconsideration, are not being adjusted in the final rule promulgated herein. Instead, they will be addressed in a separate final rule for which an NPRM has been issued. 83 FR 13904 (Apr. 2, 2018). The provision in 49 CFR 578.6(h)(1), establishing the maximum civil penalty for each violation of 49 U.S.C. 32911(a), will also be addressed in that separate notice.

    Description Citation Existing penalty Unpromulgated 2017 adjustment
  • (existing penalty × 1.01636)
  • New penalty
  • (2017
  • adjustment × 1.02041)
  • Maximum penalty amount for each violation of the Safety Act 49 U.S.C. 30165(a)(1), 30165(a)(3) $21,000 $21,344 $21,780. Maximum penalty amount for a related series of violations of the Safety Act 49 U.S.C. 30165(a)(1), 30165(a)(3) 105,000,000 106,717,800 108,895,910. Maximum penalty per school bus related violation of the Safety Act 49 U.S.C. 30165(a)(2)(A) 11,940 12,135 12,383. Maximum penalty amount for a series of school bus related violations of the Safety Act 49 U.S.C. 30165(a)(2)(B) 17,909,550 18,202,550 18,574,064. Maximum penalty per violation for filing false or misleading reports 49 U.S.C. 30165(a)(4) 5,141 5,225 5,332. Maximum penalty amount for a series of violations related to filing false or misleading reports 49 U.S.C. 30165(a)(4) 1,028,190 1,045,011 1,066,340. Maximum penalty amount for each violation of the reporting requirements related to maintaining the National Motor Vehicle Title Information System 49 U.S.C. 30505 1,677 1,704 1,739. Maximum penalty amount for each violation of a bumper standard under the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513, 86 Stat. 953, (1972)) 49 U.S.C. 32507(a) 2,750 2,795 2,852. Maximum penalty amount for a series of violations of a bumper standard under the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513, 86 Stat. 953, (1972)) 49 U.S.C. 32507(a) 3,062,500 3,112,603 3,176,131. Maximum penalty amount for each violation of 49 U.S.C. 32308(a) related to providing information on crashworthiness and damage susceptibility 49 U.S.C. 32308(b) 2,750 2,795 2,852. Maximum penalty amount for a series of violations of 49 U.S.C. 32308(a) related to providing information on crashworthiness and damage susceptibility 49 U.S.C. 32308(b) 1,500,000 1,524,540 1,555,656. Maximum penalty for each violation related to the tire fuel efficiency information program 49 U.S.C. 32308(c) 56,917 57,848 59,029. Maximum civil penalty for willfully failing to affix, or failing to maintain, the label requirement in the American Automobile Labeling Act (Pub. L. 102-388, 106 Stat. 1556 (1992)) 49 U.S.C. 32309 1,677 1,704 1,739. Maximum penalty amount per violation related to odometer tampering and disclosure 49 U.S.C. 32709 10,281 10,450 10,663. Maximum penalty amount for a related series of violations related to odometer tampering and disclosure 49 U.S.C. 32709 1,028,190 1,045,011 1,066,340. Maximum penalty amount per violation related to odometer tampering and disclosure with intent to defraud 49 U.S.C. 32710 10,281 10,450 Three times actual damages or $10,663, whichever is greater. Maximum penalty amount for each violation of the Motor Vehicle Theft Law Enforcement Act of 1984 (Vehicle Theft Act), sec. 608, Public Law 98-547, 98 Stat. 2762 (1984) 49 U.S.C. 33115(a) 2,259 2,296 2,343. Maximum penalty amount for a related series of violations of the Motor Vehicle Theft Law Enforcement Act of 1984 (Vehicle Theft Act), sec. 608, Public Law 98-547, 98 Stat. 2762 (1984) 49 U.S.C. 33115(a) 564,668 573,906 585,619. Maximum civil penalty for violations of the Anti-Car Theft Act (Pub. L. 102-519, 106 Stat. 3393 (1992)) related to operation of a chop shop 49 U.S.C. 33115(b) 167,728 per day 170,472 per day 173,951 per day. Maximum civil penalty for a violation under the medium- and heavy-duty vehicle fuel efficiency program 49 U.S.C. 32902 39,391 40,035 40,852.
    D. FMCSA 2018 Annual Adjustment

    FMCSA's civil penalties affected by this rule are all located in Appendices A and B to 49 CFR part 386. The 2018 adjustments to these civil penalties are summarized in the chart below.

    Description Citation Existing
  • penalty
  • New penalty
  • (existing penalty × 1.02041)
  • Appendix A II Subpoena 49 U.S.C. 525 $1,045 $1,066 Appendix A II Subpoena 49 U.S.C. 525 10,450 10,663 Appendix A IV (a) Out-of-service order (operation of CMV by driver) 49 U.S.C. 521(b)(7) 1,811 1,848 Appendix A IV (b) Out-of-service order (requiring or permitting operation of CMV by driver) 49 U.S.C. 521(b)(7)) 18,107 18,477 Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7) 1,811 1,848 Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7) 18,107 18,477 Appendix A IV (e) Out-of-service order (failure to return written certification of correction) 49 U.S.C. 521(b)(2)(B) 906 924 Appendix A IV (g) Out-of-service order (failure to cease operations as ordered) 49 U.S.C. 521(b)(2)(F) 26,126 26,659 Appendix A IV (h) Out-of-service order (operating in violation of order) 49 U.S.C. 521(b)(7) 22,957 23,426 Appendix A IV (i) Out-of-service order (conducting operations during suspension or revocation for failure to pay penalties) 49 U.S.C. 521(b)(2)(A) and (b)(7)) 14,739 15,040 Appendix A IV (j) (conducting operations during suspension or revocation) 49 U.S.C. 521(b)(7) 22,957 23,426 Appendix B (a)(1) Recordkeeping—maximum penalty per day 49 U.S.C. 521(b)(2)(B)(i) 1,214 1,239 Appendix B (a)(1) Recordkeeping—maximum total penalty 49 U.S.C. 521(b)(2)(B)(i) 12,135 12,383 Appendix B (a)(2) Knowing falsification of records 49 U.S.C. 521(b)(2)(B)(ii) 12,135 12,383 Appendix B (a)(3) Non-recordkeeping violations 49 U.S.C. 521(b)(2)(A) 14,739 15,040 Appendix B (a)(4) Non-recordkeeping violations by drivers 49 U.S.C. 521(b)(2)(A) 3,685 3,760 Appendix B (a)(5) Violation of 49 CFR 392.5 (first conviction) 49 U.S.C. 31310(i)(2)(A) 3,034 3,096 Appendix B (a)(5) Violation of 49 CFR 392.5 (second or subsequent conviction) 49 U.S.C. 31310(i)(2)(A) 6,068 6,192 Appendix B (b) Commercial driver's license (CDL) violations 49 U.S.C. 521(b)(2)(C) 5,479 5,591 Appendix B (b)(1): Special penalties pertaining to violation of out-of-service orders (first conviction) 49 U.S.C. 31310(i)(2)(A) 3,034 3,096 Appendix B (b)(1) Special penalties pertaining to violation of out-of-service orders (second or subsequent conviction) 49 U.S.C. 31310(i)(2)(A) 6,068 6,192 Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (minimum penalty) 49 U.S.C. 521(b)(2)(C) 5,479 5,591 Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (maximum penalty) 49 U.S.C. 31310(i)(2)(C) 30,337 30,956 Appendix B (b)(3) Special penalties pertaining to railroad-highway grade crossing violations 49 U.S.C. 31310(j)(2)(B) 15,727 16,048 Appendix B (d) Financial responsibility violations 49 U.S.C. 31138(d)(1), 31139(g)(1) 16,169 16,499 Appendix B (e)(1) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (transportation or shipment of hazardous materials) 49 U.S.C. 5123(a)(1) 78,376 79,976 Appendix B (e)(2) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—minimum penalty 49 U.S.C. 5123(a)(3) 471 481 Appendix B (e)(2): Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—maximum penalty 49 U.S.C. 5123(a)(1) 78,376 79,976 Appendix B (e)(3) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container) 49 U.S.C. 5123(a)(1) 78,376 79,976 Appendix B (e)(4): Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs) 49 U.S.C. 5123(a)(1) 78,376 79,976 Appendix B (e)(5) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property) 49 U.S.C. 5123(a)(2) 182,877 186,610 Appendix B (f)(1) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally) 49 U.S.C. 521(b)(2)(F) 26,126 26,659 Appendix B (f)(2) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazardous materials)—maximum penalty 49 U.S.C. 5123(a)(1) 78,376 79,976 Appendix B (f)(2): Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazardous materials)—maximum penalty if death, serious illness, severe injury to persons; destruction of property 49 U.S.C. 5123(a)(2) 182,877 186,610 Appendix B (g)(1): Violations of the commercial regulations (CR) (property carriers) 49 U.S.C. 14901(a) 10,450 10,663 Appendix B (g)(2) Violations of the CRs (brokers) 49 U.S.C. 14916(c) 10,450 10,663 Appendix B (g)(3) Violations of the CRs (passenger carriers) 49 U.S.C. 14901(a) 26,126 26,659 Appendix B (g)(4) Violations of the CRs (foreign motor carriers, foreign motor private carriers) 49 U.S.C. 14901(a) 10,450 10,663 Appendix B (g)(5) Violations of the CRs (foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions)—maximum penalty for intentional violation 49 U.S.C. 14901 note 14,371 14,664 Appendix B (g)(5) Violations of the CRs (foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions)—maximum penalty for a pattern of intentional violations 49 U.S.C. 14901 note 35,929 36,662 Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)—minimum penalty 49 U.S.C. 14901(b) 20,900 21,327 Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)—maximum penalty 49 U.S.C. 14901(b) 41,801 42,654 Appendix B (g)(7): Violations of the CRs (HHG carrier or freight forwarder, or their receiver or trustee) I49 U.S.C. 14901(d)(1) 1,572 1,604 Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services)—minimum penalty for first violation 49 U.S.C. 14901(e) 3,146 3,210 Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services) subsequent violation 49 U.S.C. 14901(e) 7,864 8,025 Appendix B (g)(10) Tariff violations 49 U.S.C. 13702, 14903 157,274 160,484 Appendix B (g)(11) Additional tariff violations (rebates or concessions)—first violation 49 U.S.C. 14904(a) 314 320 Appendix B (g)(11) Additional tariff violations (rebates or concessions)—subsequent violations 49 U.S.C. 14904(a) 393 401 Appendix B (g)(12): Tariff violations (freight forwarders)—maximum penalty for first violation 49 U.S.C. 14904(b)(1) 787 803 Appendix B (g)(12): Tariff violations (freight forwarders)—maximum penalty for subsequent violations 49 U.S.C. 14904(b)(1) 3,146 3,210 Appendix B (g)(13): Service from freight forwarder at less than rate in effect—maximum penalty for first violation 49 U.S.C. 14904(b)(2) 787 803 Appendix B (g)(13): Service from freight forwarder at less than rate in effect—maximum penalty for subsequent violation(s) 49 U.S.C. 14904(b)(2) 3,146 3,210 Appendix B (g)(14): Violations related to loading and unloading motor vehicles 49 U.S.C. 14905 15,727 16,048 Appendix B (g)(16): Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B (except 13901 and 13902(c)—minimum penalty 49 U.S.C. 14901 1,045 1,066 Appendix B (g)(16): Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B—maximum penalty 49 U.S.C. 14907 7,864 8,025 Appendix B (g)(17): Unauthorized disclosure of information 49 U.S.C. 14908 3,146 3,210 Appendix B (g)(18): Violation of 49 U.S.C. subtitle IV, part B, or condition of registration 49 U.S.C. 14910 787 803 Appendix B (g)(21)(i): Knowingly and willfully fails to deliver or unload HHG at destination 49 U.S.C. 14905 15,727 16,048 Appendix B (g)(22): HHG broker estimate before entering into an agreement with a motor carrier 49 U.S.C. 14901(d)(2) 12,135 12,383 Appendix B (g)(23): HHG transportation or broker services—registration requirement 49 U.S.C. 14901 (d)(3) 30,337 30,956 Appendix B (h): Copying of records and access to equipment, lands, and buildings—maximum penalty per day 49 U.S.C. 521(b)(2)(E) 1,214 1,239 Appendix B (h): Copying of records and access to equipment, lands, and buildings—maximum total penalty 49 U.S.C. 521(b)(2)(E) 12,135 12,383 Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—minimum penalty for first violation 49 U.S.C. 524 2,090 2,133 Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—maximum penalty for first violation 49 U.S.C. 524 5,225 5,332 Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—minimum penalty for subsequent violation(s) 49 U.S.C. 524 2,612 2,665 Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—maximum penalty for subsequent violation(s) 49 U.S.C. 524 7,837 7,997 Appendix B (i)(2): Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for first violation 49 U.S.C. 14906 2,090 2,133 Appendix B (i)(2): Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for subsequent violation(s) 49 U.S.C. 14906 5,225 5,332
    E. FRA 2018 Annual Adjustment

    FRA's 2018 civil penalty adjustments are summarized in the chart below.

    Description Citation Existing
  • penalty
  • New penalty
  • (existing penalty × 1.02041)
  • Minimum rail safety penalty 49 U.S.C. ch. 213 $853 $870 Ordinary maximum rail safety penalty 49 U.S.C. ch. 213 27,904 28,474 Maximum penalty for an aggravated rail safety violation 49 U.S.C. ch. 213 111,616 113,894 Minimum penalty for hazardous materials training violations 49 U.S.C. 5123 471 481 Maximum penalty for ordinary hazardous materials violations 49 U.S.C. 5123 78,376 79,976 Maximum penalty for aggravated hazardous materials violations 49 U.S.C. 5123 182,877 186,610
    F. PHMSA 2018 Annual Adjustment

    PHMSA's 2018 civil penalty adjustments are summarized in the chart below.

    Description Citation Existing
  • penalty
  • New penalty
  • (existing penalty × 1.02041)
  • Maximum penalty for hazardous materials violation 49 U.S.C. 5123 $78,376 $79,976 Maximum penalty for hazardous materials violation that results in death, serious illness, or severe injury to any person or substantial destruction of property 49 U.S.C. 5123 182,877 186,610 Minimum penalty for hazardous materials training violations 49 U.S.C. 5123 471 481 Maximum penalty for each pipeline safety violation 49 U.S.C. 60122(a)(1) 209,002 213,268 Maximum penalty for a related series of pipeline safety violations 49 U.S.C. 60122(a)(1) 2,090,022 2,132,679 Maximum penalty for liquefied natural gas pipeline safety violation 49 U.S.C. 60122(a)(2) 76,352 77,910 Maximum penalty for discrimination against employees providing pipeline safety information 49 U.S.C. 60122(a)(3) 1,214 1,239
    G. MARAD 2018 Annual Adjustment

    MARAD's 2018 civil penalty adjustments are summarized in the chart below.

    Description Citation Existing
  • penalty
  • New penalty
  • (existing penalty × 1.02041)
  • Maximum civil penalty for a single violation of any provision under 46 U.S.C. Chapter 313 and all of Subtitle III related MARAD regulations, except for violations of 46 U.S.C. 31329 46 U.S.C. 31309 $20,111 $20,521 Maximum civil penalty for a single violation of 46 U.S.C. 31329 as it relates to the court sales of documented vessels 46 U.S.C. 31330 50,276 51,302 Maximum civil penalty for a single violation of 46 U.S.C. 56101 as it relates to approvals required to transfer a vessel to a noncitizen 46 U.S.C. 56101(e) 19,246 19,639 Maximum civil penalty for failure to file an AMVER report 46 U.S.C. 50113(b) 127 130 Maximum civil penalty for violating procedures for the use and allocation of shipping services, port facilities and services for national security and national defense operations 50 U.S.C. 4513 25,409 25,928 Maximum civil penalty for violations in applying for or renewing a vessel's fishery endorsement 46 U.S.C. 12151 147,396 150,404
    H. SLS 2018 Annual Adjustment

    SLS' 2018 civil penalty adjustment is as follows:

    Description Citation Existing
  • penalty
  • New penalty
  • (existing penalty × 1.02041)
  • Maximum civil penalty for each violation of the Seaway Rules and Regulations at 33 CFR part 401 33 U.S.C. 1232 $90,063 $91,901
    IV. Conforming Change to 49 CFR 578.5

    Currently, 49 CFR 578.5 specifies that the NHTSA Administrator will review the amount of civil penalties set forth in 49 CFR part 578 at least once every four years and, if appropriate, adjust them by rule. Since this no longer reflects the law, NHTSA is updating this provision to conform to the 2015 Act's requirement of annual inflationary adjustments to civil penalty amounts.

    Regulatory Analysis and Notices A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures

    This final rule has been evaluated in accordance with existing policies and procedures and is considered not significant under Executive Orders 12866 and 13563 or DOT's Regulatory Policies and Procedures; therefore, the rule has not been reviewed by the Office of Management and Budget (OMB) under Executive Order 12866.

    B. Regulatory Flexibility Analysis

    The Department has determined the Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601, et seq.) does not apply to this rulemaking. The RFA applies, in pertinent part, only when “an agency is required . . . to publish general notice of proposed rulemaking.” 5 U.S.C. 604(a).4 The Small Business Administration's A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2012), explains that:

    4 Under 5 U.S.C. 603(a), the Regulatory Flexibility Act also applies when an agency “publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States.” However, this rule does not involve the internal revenue laws of the United States.

    If, under the APA or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)] . . . . If an NPRM is not required, the RFA does not apply.

    As stated above, DOT has determined that good cause exists to publish this final rule without notice and comment procedures under the APA. Therefore, the RFA does not apply.

    C. Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). This regulation has no substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. It does not contain any provision that imposes substantial direct compliance costs on State and local governments. It does not contain any new provision that preempts state law, because states are already preempted from regulating in this area under the Airline Deregulation Act, 49 U.S.C. 41713. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.

    D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Because none of the measures in the rule have tribal implications or impose substantial direct compliance costs on Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply.

    E. Paperwork Reduction Act

    Under the Paperwork Reduction Act, before an agency submits a proposed collection of information to OMB for approval, it must publish a document in the Federal Register providing notice of and a 60-day comment period on, and otherwise consult with members of the public and affected agencies concerning, each proposed collection of information. This final rule imposes no new information reporting or record keeping necessitating clearance by the Office of Management and Budget.

    F. National Environmental Policy Act

    The Department has analyzed the environmental impacts of this final rule pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical exclusions are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 4(c)(5) of DOT Order 5610.1C incorporates by reference the categorical exclusions for all DOT Operating Administrations. This action qualifies for a categorical exclusion in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, (80 FR 44208, July 24, 2015), paragraph 5-6.6.f, which covers regulations not expected to cause any potentially significant environmental impacts. The Department does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this final rule.

    G. Unfunded Mandates Reform Act

    The Department analyzed the final rule under the factors in the Unfunded Mandates Reform Act of 1995. The Department considered whether the rule includes a federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year. The Department has determined that this final rule will not result in such expenditures. Accordingly, this final rule is not subject to the Unfunded Mandates Reform Act.

    H. Executive Order 13771

    Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” does not apply to this action because it is nonsignificant; therefore, it is not subject to the “2 for 1” and budgeting requirements.

    List of Subjects 14 CFR Part 13

    Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties.

    14 CFR Part 383

    Administrative practice and procedure, Penalties.

    14 CFR Part 406

    Administrative procedure and review, Commercial space transportation, Enforcement, Investigations, Penalties, Rules of adjudication.

    33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Penalties, Radio, Reporting and recordkeeping requirements, Vessels, Waterways.

    46 CFR Part 221

    Administrative practice and procedure, Maritime carriers, Mortgages, Penalties, Reporting and recordkeeping requirements, Trusts and trustees.

    46 CFR Part 307

    Marine safety, Maritime carriers, Penalties, Reporting and recordkeeping requirements.

    46 CFR Part 340

    Harbors, Maritime carriers, National defense, Packaging and containers.

    46 CFR Part 356

    Citizenship and naturalization, Fishing vessels, Mortgages, Penalties, Reporting and recordkeeping requirements, Vessels.

    49 CFR Part 107

    Administrative practices and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements.

    49 CFR Part 171

    Definitions, General information, Regulations.

    49 CFR Part 190

    Administrative practice and procedure, Penalties, Pipeline safety.

    49 CFR Part 209

    Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 213

    Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 214

    Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 215

    Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 216

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 217

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 218

    Occupational safety and health, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 219

    Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, Reporting and recordkeeping requirements, Safety, Transportation.

    49 CFR Part 220

    Penalties, Radio, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 221

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 222

    Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 223

    Glazing standards, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 224

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 227

    Noise control, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 228

    Penalties, Railroad employees, Reporting and recordkeeping requirements.

    49 CFR Part 229

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 230

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 231

    Penalties, Railroad safety.

    49 CFR Part 232

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 233

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 234

    Highway safety, Penalties, Railroad safety, Reporting and recordkeeping requirements, State and local governments.

    49 CFR Part 235

    Administrative practice and procedure, Penalties, Railroad safety, Railroad signals, Reporting and recordkeeping requirements.

    49 CFR Part 236

    Penalties, Positive Train Control, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 237

    Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 238

    Fire prevention, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 239

    Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 240

    Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 241

    Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 242

    Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 243

    Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 244

    Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 270

    Penalties; Railroad safety; Reporting and recordkeeping requirements; and System safety.

    49 CFR Part 272

    Penalties, Railroad employees, Railroad safety, Railroads, Safety, Transportation.

    49 CFR Part 386

    Administrative procedures, Commercial motor vehicle safety, Highways and roads, Motor carriers, Penalties.

    49 CFR Part 578

    Imports, Motor vehicle safety, Motor vehicles, Rubber and Rubber Products, Tires, Penalties.

    Title 14—Aeronautics and Space PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. The authority citation for part 13 continues to read as follows: Authority:

    18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44703, 44709- 44710, 44713, 44725, 46101-46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507, 47106, 47107, 47111, 47122, 47306, 47531- 47532; 49 CFR 1.83.

    2. Revise § 13.301 to read as follows:
    § 13.301 Inflation adjustments of civil monetary penalties.

    (a) This subpart provides the maximum civil monetary penalties or range of minimum and maximum civil monetary penalties for each statutory civil penalty subject to FAA jurisdiction, as adjusted for inflation.

    (b) Each adjustment to a maximum civil monetary penalty or to minimum and maximum civil monetary penalties that establish a civil monetary penalty range applies to actions initiated under this part for violations occurring on or after November 27, 2018, notwithstanding references to specific civil penalty amounts elsewhere in this part.

    (c) Minimum and maximum civil monetary penalties are as follows:

    Table 1 to § 13.301—Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations United States Code citation Civil monetary penalty description 2017 minimum penalty amount New minimum penalty amount for violations occurring on or after 11/27/2018, adjusted for inflation 2017 maximum penalty amount New maximum penalty amount for violations occurring on or after 11/27/2018, adjusted for inflation 49 U.S.C. 5123(a)(1) Violation of hazardous materials transportation law N/A N/A $78,376 $79,976. 49 U.S.C. 5123(a)(2) Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction N/A N/A $182,877 $186,610. 49 U.S.C. 5123(a)(3) Violation of hazardous materials transportation law relating to training $471 $481 $78,376 $79,976. 49 U.S.C. 46301(a)(1) Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) N/A N/A $32,666 $33,333. 49 U.S.C. 46301(a)(1) Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)) N/A N/A $1,437 $1,466. 49 U.S.C. 46301(a)(1) Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)) N/A N/A $1,437 $1,466. 49 U.S.C. 46301(a)(3) Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133 N/A N/A Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues that are used in violation of such section No change. 49 U.S.C. 46301(a)(5)(A) Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii) N/A N/A $13,066 $13,333. 49 U.S.C. 46301(a)(5)(B)(i) Violation by an individual or small business concern related to the transportation of hazardous materials N/A N/A $13,066 $13,333. 49 U.S.C. 46301(a)(5)(B)(ii) Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation N/A N/A $13,066 $13,333. 49 U.S.C. 46301(a)(5)(B)(iii) Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills N/A N/A $13,066 $13,333. 49 U.S.C. 46301(a)(5)(B)(iv) Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts N/A N/A $13,066 $13,333. 49 U.S.C. 46301(b) Tampering with a smoke alarm device N/A N/A $4,194 $4,280. 49 U.S.C. 46302 Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States N/A N/A $22,957 $23,426. 49 U.S.C. 46318 Interference with cabin or flight crew N/A N/A $34,731 $35,440. 49 U.S.C. 46319 Permanent closure of an airport without providing sufficient notice N/A N/A $13,066 $13,333. 49 U.S.C. 46320 Operating an unmanned aircraft and in so doing knowingly or recklessly interfering with a wildfire suppression, law enforcement, or emergency response effort N/A N/A $20,000 $20,408. 49 U.S.C. 47531 Violation of 49 U.S.C. 47528-47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels N/A N/A See 49 U.S.C. 46301(a)(1) and (a)(5), above See 49 U.S.C. 46301(a)(1) and (a)(5), above.
    3. Part 383 is revised to read as follows: PART 383—CIVIL PENALTIES Sec. 383.1 Purpose and periodic adjustment. 383.2 Amount of penalty. Authority:

    Sec. 701, Pub. L. 114-74, 129 Stat. 584; Sec. 503, Pub. L. 108-176, 117 Stat. 2490; Pub. L. 101-410, 104 Stat. 890; Sec. 31001, Pub. L. 104-134.

    § 383.1 Purpose and periodic adjustment.

    (a) Purpose. This part adjusts the civil penalty liability amounts prescribed in 49 U.S.C. 46301(a) for inflation in accordance with the Act cited in paragraph (b) of this section.

    (b) Periodic Adjustment. DOT will periodically adjust the maximum civil penalties set forth in 49 U.S.C. 46301 and this part as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

    § 383.2 Amount of penalty.

    Civil penalties payable to the U.S. Government for violations of Title 49, Chapters 401 through 421, pursuant to 49 U.S.C. 46301(a), are as follows:

    (a) A general civil penalty of not more than $33,333 (or $1,466 for individuals or small businesses) applies to violations of statutory provisions and rules or orders issued under those provisions, other than those listed in paragraph (b) of this section, (see 49 U.S.C. 46301(a)(1));

    (b) With respect to small businesses and individuals, notwithstanding the general $1,466 civil penalty, the following civil penalty limits apply:

    (1) A maximum civil penalty of $13,333 applies for violations of most provisions of Chapter 401, including the anti-discrimination provisions of sections 40127 (general provision), and 41705 (discrimination against the disabled) and rules and orders issued pursuant to those provisions (see 49 U.S.C. 46301(a)(5)(A));

    (2) A maximum civil penalty of $6,666 applies for violations of section 41719 and rules and orders issued pursuant to that provision (see 49 U.S.C. 46301(a)(5)(C)); and

    (3) A maximum civil penalty of $3,334 applies for violations of section 41712 or consumer protection rules or orders (see 49 U.S.C. 46301(a)(5)(D)).

    PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW 4. The authority citation for part 406 continues to read as follows: Authority:

    51 U.S.C. 50901-50923.

    5. Amend § 406.9 by revising paragraph (a) to read as follows:
    § 406.9 Civil penalties.

    (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person found by the FAA to have violated a requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act, is liable to the United States for a civil penalty of not more than $234,247 for each violation. A separate violation occurs for each day the violation continues.

    Title 33—Navigation and Navigable Waters PART 401—SEAWAY REGULATIONS AND RULES Subpart A—Regulations 6. The authority citation for subpart A of part 401 is revised to read as follows: Authority:

    33 U.S.C. 981-990, 1231 and 1232, 49 CFR 1.52, unless otherwise noted.

    7. Amend § 401.102 by revising paragraph (a) to read as follows:

    (a) A person, as described in § 401.101(b) who violates a regulation is liable to a civil penalty of not more than $91,901.

    Title 46—Shipping PART 221—REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS 8. The authority citation for part 221 continues to read as follows: Authority:

    46 U.S.C. chs. 301, 313, and 561; Pub. L. 114-74; 49 CFR 1.93.

    9. Section 221.61 is revised to read as follows:
    § 221.61 Compliance.

    (a) This subpart describes procedures for the administration of civil penalties that the Maritime Administration may assess under 46 U.S.C. 31309, 31330, and 56101, pursuant to 49 U.S.C. 336.

    (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than $20,521 may be assessed for each violation of chapter 313 or 46 U.S.C. subtitle III administered by the Maritime Administration, and the regulations in this part that are promulgated thereunder, except that a person violating 46 U.S.C. 31329 and the regulations promulgated thereunder is liable for a civil penalty of not more than $51, 302 for each violation. A person that charters, sells, transfers or mortgages a vessel, or an interest therein, in violation of 46 U.S.C. 56101(e) is liable for a civil penalty of not more than $19,639 for each violation.

    PART 307—ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR VESSELS 10. The authority citation for part 307 continues to read as follows: Authority:

    Pub. L. 109-304; 46 U.S.C. 50113; Pub. L. 114-74; 49 CFR 1.93.

    11. Section 307.19 is revised to read as follows:
    § 307.19 Penalties.

    The owner or operator of a vessel in the waterborne foreign commerce of the United States is subject to a penalty of $130.00 for each day of failure to file an AMVER report required by this part. Such penalty shall constitute a lien upon the vessel, and such vessel may be libeled in the district court of the United States in which the vessel may be found.

    PART 340—PRIORITY USE AND ALLOCATION OF SHIPPING SERVICES, CONTAINERS AND CHASSIS, AND PORT FACILITIES AND SERVICES FOR NATIONAL SECURITY AND NATIONAL DEFENSE RELATED OPERATIONS 12. The authority citation for part 340 continues to read as follows: Authority:

    50 U.S.C. 4501 et seq. (“The Defense Production Act”); Executive Order 13603 (77 FR 16651); Executive Order 12656 (53 FR 47491); Pub. L. 114-74; 49 CFR 1.45; 49 CFR 1.93(l).

    13. Section 340.9 is revised to read as follows:
    § 340.9 Compliance.

    Pursuant 50 U.S.C. 4513 any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the provisions of this regulation shall, upon conviction, be fined not more than $25,928 or imprisoned for not more than one year, or both.

    PART 356—REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S DOCUMENTATION 14. The authority citation for part 356 continues to read as follows: Authority:

    46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322; Pub. L. 105-277, division C, title II, subtitle I, section 203 (46 U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L. 107-20, section 2202, 115 Stat. 168-170; Pub. L. 114-74; 49 CFR 1.93.

    15. Amend § 356.49 by revising paragraph (b) to read as follows:
    § 356.49 Penalties.

    (b) A fine of up to $150,404 may be assessed against the vessel owner for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) within the exclusive economic zone of the United States; and

    Title 49—Transportation PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES 16. The authority citation for part 107 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4; Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

    17. Section 107.329 is revised to read as follows:
    § 107.329 Maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $79,976 for each violation, except the maximum civil penalty is $186,610 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $481 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense.

    (b) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $79,976 for each violation, except the maximum civil penalty is $186,610 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $481 for violations relating to training.

    18. In appendix A to subpart D of part 107, section II.. under “B. Penalty Increases for Multiple Counts” following the table, the first sentence of the second paragraph is revised to read as follows: Appendix A to Subpart D of Part 107—Guidelines for Civil Penalties

    II. * * *

    B. * * *

    Under the Federal hazmat law, 49 U.S.C. 5123(a), each violation of the HMR and each day of a continuing violation (except for violations relating to packaging manufacture or qualification) is subject to a civil penalty of up to $79,976 or $186,610 for a violation occurring on or after November 27, 2018. * * *

    PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 19. The authority citation for part 171 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

    20. Amend § 171.1 by revising paragraph (g) to read as follows:
    § 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions.

    (g) Penalties for noncompliance. Each person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued under Federal hazardous material transportation law, subchapter A of this chapter, or a special permit or approval issued under subchapter A or C of this chapter is liable for a civil penalty of not more than $79,976 for each violation, except the maximum civil penalty is $186,610 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $481 for a violation relating to training.

    PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES 21. Amend § 190.223 by revising paragraphs (a) through (d) to read as follows:
    § 190.223 Maximum penalties.

    (a) Any person found to have violated a provision of 49 U.S.C. 60101, et seq., or any regulation or order issued thereunder, is subject to an administrative civil penalty not to exceed $213,268 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,132,679 for any related series of violations.

    (b) Any person found to have violated a provision of 33 U.S.C. 1321(j), or any regulation or order issued thereunder, is subject to an administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR 19.4.

    (c) Any person found to have violated any standard or order under 49 U.S.C. 60103 is subject to an administrative civil penalty not to exceed $77,910, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section.

    (d) Any person who is determined to have violated any standard or order under 49 U.S.C. 60129 is subject to an administrative civil penalty not to exceed $1,239, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section.

    PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES 22. The authority citation for part 209 continues to read as follows: Authority:

    49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    23. Amend § 209.103 by revising paragraphs (a) and (c) to read as follows:
    § 209.103 Minimum and maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal hazardous materials transportation laws, an order issued thereunder, subchapter A or C of chapter I, subtitle B, of this title, or a special permit or approval issued under subchapter A or C of chapter I, subtitle B, of this title is liable for a civil penalty of not more than $79,976 for each violation, except that—

    (1) The maximum civil penalty for a violation is $186,610 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property and

    (2) A minimum $481 civil penalty applies to a violation related to training.

    (c) The maximum and minimum civil penalties described in paragraph (a) of this section apply to violations occurring on or after November 27, 2018.

    24. Amend § 209.105 by revising the last sentence of paragraph (c) to read as follows:
    § 209.105 Notice of probable violation.

    (c) * * * In an amended notice, FRA may change the civil penalty amount proposed to be assessed up to and including the maximum penalty amount of $79,976 for each violation, except that if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, FRA may change the penalty amount proposed to be assessed up to and including the maximum penalty amount of $186,610.

    § 209.409 [Amended]
    25. Amend § 209.409 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. 26. In appendix A to part 209, amend the section “Penalty Schedules; Assessment of Maximum Penalties” by: a. Adding a sentence to the end of the sixth paragraph; b. Revising the third sentence of the seventh paragraph; and c. Revising the first sentence of the tenth paragraph.

    The addition and revisions read as follows:

    Appendix A to Part 209—Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws

    Penalty Schedules; Assessment of Maximum Penalties

    * * * Effective November 27, 2018, the minimum civil monetary penalty was raised from $853 to $870, the ordinary maximum civil monetary penalty was raised from $27,904 to $28,474, and the aggravated maximum civil monetary penalty was raised from $111,616 to $113,894.

    * * * For each regulation or order, the schedule shows two amounts within the $870 to $28,474 range in separate columns, the first for ordinary violations, the second for willful violations (whether committed by railroads or individuals). * * *

    Accordingly, under each of the schedules (ordinarily in a footnote), and regardless of the fact that a lesser amount might be shown in both columns of the schedule, FRA reserves the right to assess the statutory maximum penalty of up to $113,894 per violation where a pattern of repeated violations or a grossly negligent violation has created an imminent hazard of death or injury or has caused death or injury. * * *

    27. Amend appendix B to part 209 as follows: a. In the introductory text, revise the second sentence of the first paragraph, the last sentence of the second paragraph, and the fifth sentence of the third paragraph; and b. In the table “CIVIL PENALTY ASSESSMENT GUIDELINES”: i. Revise footnote 1 of the first table; ii. Under the heading “PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGES: 1. Remove the entries for “173.24(b)(1) and 173.24(b)(2)” and “173.24(f)(1) and 173.24(f)(1)(ii)” and add an entry for “173.24(b)(1) and 173.24(b)(2) and 173.24(f)(1) and 173.24(f)(1)(ii)” in their place; and 2. Revise the introductory text to the entry for “173.24(c)”; and iii. Remove footnote 1 of the second table and redesignate footnote 2 as footnote 1 (at text and in table heading) and revise it.

    The revisions read as follows:

    Appendix B to Part 209—Federal Railroad Administration Guidelines for Initial Hazardous Materials Assessments

    * * * The guideline penalty amounts reflect the best judgment of the FRA Office of Railroad Safety (RRS) and of the Safety Law Division of the Office of Chief Counsel (RCC) on the relative severity of the various violations routinely encountered by FRA inspectors on a scale of amounts up to the maximum $79,976 penalty, except the maximum civil penalty is $186,610 if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, and a minimum $481 penalty applies to a violation related to training. * * *

    * * * When a violation of the Federal hazardous material transportation law, an order issued thereunder, the Hazardous Materials Regulations or a special permit, approval, or order issued under those regulations results in death, serious illness or severe injury to any person, or substantial destruction of property, a maximum penalty of at least $79,976 and up to and including $186,610 shall always be assessed initially.

    * * * In fact, FRA reserves the express authority to amend the NOPV to seek a penalty of up to $79,976 for each violation, and up to $186,610 for any violation resulting in death, serious illness or severe injury to any person, or substantial destruction of property, at any time prior to issuance of an order. * * *

    Civil Penalty Assessment Guidelines

    1 Any person who violates an emergency order issued under the authority of 49 U.S.C. Ch. 201 is subject to a civil penalty of at least $870 and not more than $28,474 per violation, except that where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused a death or injury, a penalty not to exceed $113,894 per violation may be assessed. Each day that the violation continues is a separate offense. 49 U.S.C. 21301; 28 U.S.C. 2461, note.

    49 CFR Section Description Guideline amount 1 *         *         *         *         *         *         * Part 173—Shippers—General Requirements for Shipments and Packages *         *         *         *         *         *         * 173.24(b)(1) and 173.24(b)(2) and 173.24(f)(1) and 173.24(f)(1)(ii) Securing closures: These subsections are the general “no leak” standard for all packagings. Sec. 173.24(b) deals primarily with packaging as a whole, while § 173.24(f) focuses on closures. Use § 173.31(d) for tank cars, when possible. Cite the sections accordingly, using both the leak/non-leak criteria and the package size considerations to reach the appropriate penalty. Any actual leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the maximum of $79,976, and up to $186,610 if the violation results in death, serious illness or injury or substantial destruction of property. For intermodal (IM) portable tanks and other tanks of that size range, use the tank car penalty amounts, as stated in § 173.31. —Small bottle or box. 1,000 —55-gallon drum. 2,500 —Larger container, e.g., IBC; not portable tank or tank car 5,000 —IM portable tank, cite § 173.24(f) and use the penalty amounts for tank cars: Residue, generally, § 173.29(a) and, loaded, § 173.31(d). —Residue adhering to outside of package (i.e., portable tanks, tank cars, etc.) 5,000 173.24(c) Use of package not meeting specifications, including required stencils and markings. The most specific section for the package involved should be cited (see below). The penalty guideline should be adjusted for the size of the container. Any actual leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the maximum of $79,976, and up to $186,610 if the violation results in death, serious illness or injury or substantial destruction of property. *         *         *         *         *         *         * 1 A person who knowingly violates the hazardous material transportation law or a regulation, order, special permit, or approval issued thereunder, is subject to a civil penalty of up to $79,976 for each violation, except that the maximum civil penalty for a violation is $186,610 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property; and a minimum $481 civil penalty applies to a violation related to training. Each day that the violation continues is a separate offense. 49 U.S.C. 5123; 28 U.S.C. 2461, note.
    PART 213—TRACK SAFETY STANDARDS 28. The authority citation for part 213 continues to read as follows: Authority:

    49 U.S.C. 20102-20114 and 20142; Sec. 403, Div. A, Public Law 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 213.15 [Amended]
    29. In § 213.15, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix B to Part 213—[Amended] 30. In appendix B to part 213, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 214—RAILROAD WORKPLACE SAFETY 31. The authority citation for part 214 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 21301, 31304, 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 214.5 [Amended]
    32. Amend § 214.5 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 214—[Amended] 33. In appendix A to part 214, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS 34. The authority citation for part 215 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 241, note; and 49 CFR 1.89.

    § 215.7 [Amended]
    35. Amend § 215.7 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix B to Part 215—[Amended] 36. Amend appendix B to part 215 in the first paragraph of footnote 1 by removing the dollar amount “$27,904” and adding in its place “$28,474” and by removing the dollar amount “$109,819” and adding in its place “the statutory maximum amount”. PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT 37. The authority citation for part 216 continues to read as follows: Authority:

    49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 216.7 [Amended]
    38. Amend § 216.7 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. PART 217—RAILROAD OPERATING RULES 39. The authority citation for part 217 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 217.5 [Amended]
    40. Amend § 217.5 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 217—[Amended] 41. In appendix A to part 217, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 218—RAILROAD OPERATING PRACTICES 42. The authority citation for part 218 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 218.9 [Amended]
    43. Amend § 218.9 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 218—[Amended] 44. In appendix A to part 218, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 219—CONTROL OF ALCOHOL AND DRUG USE 45. The authority citation for part 219 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461, note; Sec. 412, Div. A, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140, note); and 49 CFR 1.89.

    § 219.10 [Amended]
    46. In § 219.10, amend as follows: a. Remove the dollar amount “$650” and add in its place “$870”; b. Remove the dollar amount “$25,000” and add in its place “$28,474”; and c. Remove the dollar amount “$105,000” and add in its place “$113,894”. Appendix A to Part 219—[Amended] 47. In appendix A to part 219, footnote 1, remove the dollar amount “$105,000” and add in its place “the statutory maximum amount”. PART 220—RAILROAD COMMUNICATIONS 48. The authority citation for part 220 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20103, note, 20107, 21301-21302, 20701-20703, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 220.7 [Amended]
    49. Amend § 220.7 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix C to Part 220—[Amended] 50. In appendix C to part 220, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 221—REAR END MARKING DEVICE—PASSENGER, COMMUTER AND FREIGHT TRAINS 51. The authority citation for part 221 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 221.7 [Amended]
    52. Amend § 221.7 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix C to Part 221—[Amended] 53. In appendix C to part 221, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 222—USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS 54. The authority citation for part 222 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 222.11 [Amended]
    55. Amend § 222.11 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix H to Part 222—[Amended] 56. In appendix H to part 222, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 223—SAFETY GLAZING STANDARDS—LOCOMOTIVES, PASSENGER CARS AND CABOOSES 57. The authority citation for part 223 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 223.7 [Amended]
    58. Amend § 223.7 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix B to Part 223—[Amended] 59. In appendix B to part 223, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 224—REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK 60. The authority citation for part 224 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 224.11 [Amended]
    61. In § 224.11, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 224—[Amended] 62. In appendix A to part 224, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 225—RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS 63. The authority citation for part 225 continues to read as follows: Authority:

    49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 225.29 [Amended]
    64. Amend § 225.29 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 225—[Amended] 65. In appendix A to part 225, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 227—OCCUPATIONAL NOISE EXPOSURE 66. The authority citation for part 227 continues to read as follows: Authority:

    49 U.S.C. 20103, 20103, note, 20701-20702; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 227.9 [Amended]
    67. In § 227.9, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix G to Part 227—[Amended] 68. In appendix G to part 227, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”.
    PART 228— PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS 69. The authority citation for part 228 continues to read as follows: Authority:

    49 U.S.C. 103, 20103, 20107, 21101-21109; Sec. 108, Div. A, Public Law 110-432, 122 Stat. 4860-4866, 4893-4894; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 228.6 [Amended]
    70. In § 228.6, amend paragraph (a) as follows:

    a. Remove the dollar amount “$853” and add in its place “$870”;

    b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”.

    71. In appendix A to part 228, below the heading “GENERAL PROVISIONS,” amend the “Penalty” paragraph by adding a sentence at the end of the paragraph to read as follows:

    Appendix A to Part 228—Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation General Provisions

    Penalty. * * * Effective November 27, 2018, the minimum civil monetary penalty was raised from $853 to $870, the ordinary maximum civil monetary penalty was raised from $27,904 to $28,474, and the aggravated maximum civil monetary penalty was raised from $111,616 to $113,894.

    Appendix B to Part 228—[Amended] 72. In appendix B to part 228, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 229—RAILROAD LOCOMOTIVE SAFETY STANDARDS 73. The authority citation for part 229 continues to read as follows: Authority:

    49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 229.7 [Amended]
    74. In § 229.7, amend paragraph (b) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix B to Part 229—[Amended] 75. In appendix B to part 229, in the first paragraph of footnote 1, remove the dollar amount “$27,904” and add in its place “$28,474” and remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 230—STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS 76. The authority citation for part 230 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 230.4 [Amended]
    77. In § 230.4, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. PART 231—RAILROAD SAFETY APPLIANCE STANDARDS 78. The authority citation for part 231 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20107, 20131, 20301-20303, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 231.0 [Amended]
    79. In § 231.0, amend paragraph (f) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 231—[Amended] 80. In appendix A to part 231, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 232— BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES 81. The authority citation for part 232 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-20303, 20306, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 232.11 [Amended]
    82. In § 232.11, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 232—[Amended] 83. In appendix A to part 232, in the first paragraph of footnote 1, remove the dollar amount “$27,904” and add in its place “$28,474” and remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 233—SIGNAL SYSTEMS REPORTING REQUIREMENTS 84. The authority citation for part 233 continues to read as follows: Authority:

    49 U.S.C. 504, 522, 20103, 20107, 20501-20505, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 233.11 [Amended]
    85. Amend § 233.11 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 233—[Amended]

    86. In appendix A to part 233, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”.

    PART 234—GRADE CROSSING SAFETY 87. The authority citation for part 234 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 21311, 22501 note; Pub. L. 110-432, Div. A., Sec. 202, 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 234.6 [Amended]
    88. In § 234.6, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 234—[Amended] 89. In appendix A to part 234, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 235—INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR RELIEF FROM THE REQUIREMENTS OF PART 236 90. The authority citation for part 235 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 235.9 [Amended]
    91. Amend § 235.9 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 235—[Amended] 92. In appendix A to part 235, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 236—RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES 93. The authority citation for part 236 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157, 20301-20303, 20306, 20501-20505, 20701-20703, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 236.0 [Amended]
    94. In § 236.0, amend paragraph (f) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 236—[Amended] 95. In appendix A to part 236, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 237—BRIDGE SAFETY STANDARDS 96. The authority citation for part 237 continues to read as follows: Authority:

    49 U.S.C. 20102-20114; Public Law 110-432, Div. A, Sec. 417; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 237.7 [Amended]
    97. In § 237.7, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix B to Part 237—[Amended] 98. In appendix B to part 237, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS 99. The authority citation for part 238 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 238.11 [Amended]
    100. In § 238.11, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 238—[Amended] 101. In appendix A to part 238, in the first paragraph of footnote 1, remove the dollar amount “$27,904” and add in its place “$28,474” and remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS 102. The authority citation for part 239 continues to read as follows: Authority:

    49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 21304, and 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 239.11 [Amended]
    103. Amend § 239.11 as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 239—[Amended] 104. In appendix A to part 239, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS 105. The authority citation for part 240 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 240.11 [Amended]
    106. In § 240.11, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 240—[Amended] 107. In appendix A to part 240, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 241—UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS 108. The authority citation for part 241 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461, note; 49 CFR 1.89.

    § 241.15 [Amended]
    109. In § 241.15, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix B to Part 241—[Amended] 110. In appendix B to part 241, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS 111. The authority citation for part 242 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 242.11 [Amended]
    112. In § 242.11, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 242—[Amended] 113. In appendix A to part 242, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 243—TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED RAILROAD EMPLOYEES 114. The authority citation for part 243 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 243.7 [Amended]
    115. In § 243.7, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix to Part 243—[Amended] 116. In the appendix to part 243, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 244—REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL 117. The authority citation for part 244 is revised to read as follows: Authority:

    49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 244.5 [Amended]
    118. In § 244.5, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. PART 270—SYSTEM SAFETY PROGRAM 119. The authority citation for part 270 continues to read as follows: Authority:

    49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    § 270.7 [Amended]
    120. In § 270.7, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. PART 272—CRITICAL INCIDENT STRESS PLANS 121. The authority citation for part 272 continues to read as follows: Authority:

    49 U.S.C. 20103, 20107, 20109, note; 28 U.S.C. 2461, note; 49 CFR 1.89; and sec. 410, Div. A, Pub. L. 110-432, 122 Stat. 4888.

    § 272.11 [Amended]
    122. In § 272.11, amend paragraph (a) as follows: a. Remove the dollar amount “$853” and add in its place “$870”; b. Remove the dollar amount “$27,904” and add in its place “$28,474”; and c. Remove the dollar amount “$111,616” and add in its place “$113,894”. Appendix A to Part 272—[Amended] 123. In appendix A to part 272, footnote 1, remove the dollar amount “$109,819” and add in its place “the statutory maximum amount”. PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS 124. The authority citation for part 386 is revised to read as follows: Authority:

    49 U.S.C. 113; chapters 5, 51, 131-141, 145-149, 311, 313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767; Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title IV of Pub. L. 109-59; Sec. 701 of Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.87.

    125. Amend Appendix A to part 386 by revising the introductory text and sections II, IV. a. through e., and IV. g. through j. to read as follows: Appendix A to Part 386—Penalty Schedule: Violations of Notices and Orders

    The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [Pub. L. 114-74, sec. 701, 129 Stat. 599] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust civil penalties for inflation. Pursuant to that authority, the inflation adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code.

    II. Subpoena

    Violation—Failure to respond to Agency subpoena to appear and testify or produce records.

    Penalty—minimum of $1,066 but not more than $10,663 per violation.

    IV. Out-of-Service Order

    a. Violation—Operation of a commercial vehicle by a driver during the period the driver was placed out of service.

    Penalty—Up to $1,848 per violation.

    (For purposes of this violation, the term “driver” means an operator of a commercial motor vehicle, including an independent contractor who, while in the course of operating a commercial motor vehicle, is employed or used by another person.)

    b. Violation—Requiring or permitting a driver to operate a commercial vehicle during the period the driver was placed out of service.

    Penalty—Up to $18,477 per violation.

    (This violation applies to motor carriers including an independent contractor who is not a “driver,” as defined under paragraph IV(a) above.)

    c. Violation—Operation of a commercial motor vehicle or intermodal equipment by a driver after the vehicle or intermodal equipment was placed out-of-service and before the required repairs are made.

    Penalty—$1,848 each time the vehicle or intermodal equipment is so operated.

    (This violation applies to drivers as defined in IV(a) above.)

    d. Violation—Requiring or permitting the operation of a commercial motor vehicle or intermodal equipment placed out-of-service before the required repairs are made.

    Penalty—Up to $18,477 each time the vehicle or intermodal equipment is so operated after notice of the defect is received.

    (This violation applies to intermodal equipment providers and motor carriers, including an independent owner operator who is not a “driver,” as defined in IV(a) above.)

    e. Violation—Failure to return written certification of correction as required by the out-of-service order.

    Penalty—Up to $924 per violation.

    g. Violation—Operating in violation of an order issued under § 386.72(b) to cease all or part of the employer's commercial motor vehicle operations or to cease part of an intermodal equipment provider's operations, i.e., failure to cease operations as ordered.

    Penalty—Up to $26,659 per day the operation continues after the effective date and time of the order to cease.

    h. Violation—Operating in violation of an order issued under § 386.73.

    Penalty—Up to $23,426 per day the operation continues after the effective date and time of the out-of-service order.

    i. Violation—Conducting operations during a period of suspension under § 386.83 or § 386.84 for failure to pay penalties.

    Penalty—Up to $15,040 for each day that operations are conducted during the suspension or revocation period.

    j. Violation—Conducting operations during a period of suspension or revocation under §§ 385.911, 385.913, 385.1009 or 385.1011.

    Penalty—Up to $23,426 for each day that operations are conducted during the suspension or revocation period.

    126. Amend Appendix B to part 386 by revising the introductory text and paragraphs (a)(1) through (5), (b) through (f), (g) introductory text, (g)(1) through (8), (g)(10) through (14), (g)(16) through (18), (g)(21)(i), (g)(22) and (23), (h), and (i) to read as follows: Appendix B to Part 386—Penalty Schedule: Violations and Monetary Penalties

    The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [Pub. L. 114-74, sec. 701, 129 Stat. 599] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust civil penalties for inflation. Pursuant to that authority, the inflation adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code.

    What are the types of violations and maximum monetary penalties?

    (a) Violations of the Federal Motor Carrier Safety Regulations (FMCSRs):

    (1) Recordkeeping. A person or entity that fails to prepare or maintain a record required by parts 40, 382, 385, and 390-99 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of $1,239 for each day the violation continues, up to $12,383.

    (2) Knowing falsification of records. A person or entity that knowingly falsifies, destroys, mutilates, or changes a report or record required by parts 382, 385, and 390-99 of this subchapter, knowingly makes or causes to be made a false or incomplete record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation order of the Secretary is subject to a maximum civil penalty of $12,383 if such action misrepresents a fact that constitutes a violation other than a reporting or recordkeeping violation.

    (3) Non-recordkeeping violations. A person or entity that violates parts 382, 385, or 390-99 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $15,040 for each violation.

    (4) Non-recordkeeping violations by drivers. A driver who violates parts 382, 385, and 390-99 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $3,760.

    (5) Violation of 49 CFR 392.5. A driver placed out of service for 24 hours for violating the alcohol prohibitions of 49 CFR 392.5(a) or (b) who drives during that period is subject to a civil penalty not to exceed $3,096 for a first conviction and not less than $6,192 for a second or subsequent conviction.

    (b) Commercial driver's license (CDL) violations. Any person who violates 49 CFR part 383, subparts B, C, E, F, G, or H, is subject to a civil penalty not to exceed $5,591; except:

    (1) A CDL-holder who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $3,096 for a first conviction and not less than $6,192 for a second or subsequent conviction;

    (2) An employer of a CDL-holder who knowingly allows, requires, permits, or authorizes an employee to operate a CMV during any period in which the CDL-holder is subject to an out-of-service order, is subject to a civil penalty of not less than $5,591 or more than $30,956; and

    (3) An employer of a CDL-holder who knowingly allows, requires, permits, or authorizes that CDL-holder to operate a CMV in violation of a Federal, State, or local law or regulation pertaining to railroad-highway grade crossings is subject to a civil penalty of not more than $16,048.

    (d) Financial responsibility violations. A motor carrier that fails to maintain the levels of financial responsibility prescribed by Part 387 of this subchapter or any person (except an employee who acts without knowledge) who knowingly violates the rules of Part 387 subparts A and B is subject to a maximum penalty of $16,499. Each day of a continuing violation constitutes a separate offense.

    (e) Violations of the Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations found in Subpart E of Part 385. This paragraph applies to violations by motor carriers, drivers, shippers and other persons who transport hazardous materials on the highway in commercial motor vehicles or cause hazardous materials to be so transported.

    (1) All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to the transportation or shipment of hazardous materials by commercial motor vehicle on the highways are subject to a civil penalty of not more than $79,976 for each violation. Each day of a continuing violation constitutes a separate offense.

    (2) All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to training related to the transportation or shipment of hazardous materials by commercial motor vehicle on the highways are subject to a civil penalty of not less than $481 and not more than $79,976 for each violation.

    (3) All knowing violations of 49 U.S.C. chapter 51 or orders, regulations or exemptions under the authority of that chapter applicable to the manufacture, fabrication, marking, maintenance, reconditioning, repair, or testing of a packaging or container that is represented, marked, certified, or sold as being qualified for use in the transportation or shipment of hazardous materials by commercial motor vehicle on the highways are subject to a civil penalty of not more than $79,976 for each violation.

    (4) Whenever regulations issued under the authority of 49 U.S.C. chapter 51 require compliance with the FMCSRs while transporting hazardous materials, any violations of the FMCSRs will be considered a violation of the HMRs and subject to a civil penalty of not more than $79,976.

    (5) If any violation subject to the civil penalties set out in paragraphs (e)(1) through (4) of this appendix results in death, serious illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $186,610 for each offense.

    (f) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating. (1) A motor carrier operating a commercial motor vehicle in interstate commerce (except owners or operators of commercial motor vehicles designed or used to transport hazardous materials for which placarding of a motor vehicle is required under regulations prescribed under 49 U.S.C. chapter 51) is subject, after being placed out of service because of receiving a final “unsatisfactory” safety rating, to a civil penalty of not more than $26,659 (49 CFR 385.13). Each day the transportation continues in violation of a final “unsatisfactory” safety rating constitutes a separate offense.

    (2) A motor carrier operating a commercial motor vehicle designed or used to transport hazardous materials for which placarding of a motor vehicle is required under regulations prescribed under 49 U.S.C. chapter 51 is subject, after being placed out of service because of receiving a final “unsatisfactory” safety rating, to a civil penalty of not more than $79,976 for each offense. If the violation results in death, serious illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $186,610 for each offense. Each day the transportation continues in violation of a final “unsatisfactory” safety rating constitutes a separate offense.

    (g) Violations of the commercial regulations (CRs). Penalties for violations of the CRs are specified in 49 U.S.C. chapter 149. These penalties relate to transportation subject to the Secretary's jurisdiction under 49 U.S.C. chapter 135. Unless otherwise noted, a separate violation occurs for each day the violation continues.

    (1) A person who operates as a motor carrier for the transportation of property in violation of the registration requirements of 49 U.S.C. 13901 is liable for a minimum penalty of $10,663 per violation.

    (2) A person who knowingly operates as a broker in violation of registration requirements of 49 U.S.C. 13904 or financial security requirements of 49 U.S.C. 13906 is liable for a penalty not to exceed $10,663 for each violation.

    (3) A person who operates as a motor carrier of passengers in violation of the registration requirements of 49 U.S.C. 13901 is liable for a minimum penalty of $26,659 per violation.

    (4) A person who operates as a foreign motor carrier or foreign motor private carrier of property in violation of the provisions of 49 U.S.C. 13902(c) is liable for a minimum penalty of $10,663 per violation.

    (5) A person who operates as a foreign motor carrier or foreign motor private carrier without authority, before the implementation of the land transportation provisions of the North American Free Trade Agreement, outside the boundaries of a commercial zone along the United States-Mexico border, is liable for a maximum penalty of $14,664 for an intentional violation and a maximum penalty of $36,662 for a pattern of intentional violations.

    (6) A person who operates as a motor carrier or broker for the transportation of hazardous wastes in violation of the registration provisions of 49 U.S.C. 13901 is liable for a minimum penalty of $21,327 and a maximum penalty of $42,654 per violation.

    (7) A motor carrier or freight forwarder of household goods, or their receiver or trustee, that does not comply with any regulation relating to the protection of individual shippers, is liable for a minimum penalty of $1,604 per violation.

    (8) A person—

    (i) Who falsifies, or authorizes an agent or other person to falsify, documents used in the transportation of household goods by motor carrier or freight forwarder to evidence the weight of a shipment or

    (ii) Who charges for services which are not performed or are not reasonably necessary in the safe and adequate movement of the shipment is liable for a minimum penalty of $3,210 for the first violation and $8,025 for each subsequent violation.

    (10) A person who offers, gives, solicits, or receives transportation of property by a carrier at a different rate than the rate in effect under 49 U.S.C. 13702 is liable for a maximum penalty of $160,484 per violation. When acting in the scope of his/her employment, the acts or omissions of a person acting for or employed by a carrier or shipper are considered to be the acts or omissions of that carrier or shipper, as well as that person.

    (11) Any person who offers, gives, solicits, or receives a rebate or concession related to motor carrier transportation subject to jurisdiction under subchapter I of 49 U.S.C. chapter 135, or who assists or permits another person to get that transportation at less than the rate in effect under 49 U.S.C. 13702, commits a violation for which the penalty is $320 for the first violation and $401 for each subsequent violation.

    (12) A freight forwarder, its officer, agent, or employee, that assists or willingly permits a person to get service under 49 U.S.C. 13531 at less than the rate in effect under 49 U.S.C. 13702 commits a violation for which the penalty is up to $803 for the first violation and up to $3,210 for each subsequent violation.

    (13) A person who gets or attempts to get service from a freight forwarder under 49 U.S.C. 13531 at less than the rate in effect under 49 U.S.C. 13702 commits a violation for which the penalty is up to $803 for the first violation and up to $3,210 for each subsequent violation.

    (14) A person who knowingly authorizes, consents to, or permits a violation of 49 U.S.C. 14103 relating to loading and unloading motor vehicles or who knowingly violates subsection (a) of 49 U.S.C. 14103 is liable for a penalty of not more than $16,048 per violation.

    (16) A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under part B of subtitle IV, title 49, U.S.C., or an officer, agent, or employee of that person, is liable for a minimum penalty of $1,066 and for a maximum penalty of $8,025 per violation if it does not make the report, does not completely and truthfully answer the question within 30 days from the date the Secretary requires the answer, does not make or preserve the record in the form and manner prescribed, falsifies, destroys, or changes the report or record, files a false report or record, makes a false or incomplete entry in the record about a business-related fact, or prepares or preserves a record in violation of a regulation or order of the Secretary.

    (17) A motor carrier, water carrier, freight forwarder, or broker, or their officer, receiver, trustee, lessee, employee, or other person authorized to receive information from them, who discloses information identified in 49 U.S.C. 14908 without the permission of the shipper or consignee is liable for a maximum penalty of $3,210.

    (18) A person who violates a provision of part B, subtitle IV, title 49, U.S.C., or a regulation or order under part B, or who violates a condition of registration related to transportation that is subject to jurisdiction under subchapter I or III of chapter 135, or who violates a condition of registration of a foreign motor carrier or foreign motor private carrier under section 13902, is liable for a penalty of $803 for each violation if another penalty is not provided in 49 U.S.C. chapter 149.

    (21) A person—

    (i) Who knowingly and willfully fails, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods in interstate commerce for which charges have been estimated by the motor carrier transporting such goods, and for which the shipper has tendered a payment in accordance with part 375, subpart G of this chapter, is liable for a civil penalty of not less than $16,048 for each violation. Each day of a continuing violation constitutes a separate offense.

    (22) A broker for transportation of household goods who makes an estimate of the cost of transporting any such goods before entering into an agreement with a motor carrier to provide transportation of household goods subject to FMCSA jurisdiction is liable to the United States for a civil penalty of not less than $12,383 for each violation.

    (23) A person who provides transportation of household goods subject to jurisdiction under 49 U.S.C. chapter 135, subchapter I, or provides broker services for such transportation, without being registered under 49 U.S.C. chapter 139 to provide such transportation or services as a motor carrier or broker, as the case may be, is liable to the United States for a civil penalty of not less than $30,956 for each violation.

    (h) Copying of records and access to equipment, lands, and buildings. A person subject to 49 U.S.C. chapter 51 or a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle subject to part B of subtitle VI of title 49 U.S.C. who fails to allow promptly, upon demand in person or in writing, the Federal Motor Carrier Safety Administration, an employee designated by the Federal Motor Carrier Safety Administration, or an employee of a MCSAP grant recipient to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b), is subject to a civil penalty of not more than $1,239 for each offense. Each day of a continuing violation constitutes a separate offense, except that the total of all civil penalties against any violator for all offenses related to a single violation shall not exceed $12,383.

    (i) Evasion. A person, or an officer, employee, or agent of that person:

    (1) Who by any means tries to evade regulation of motor carriers under title 49, United States Code, chapter 5, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or sections 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or a regulation issued under any of those provisions, shall be fined at least $2,133 but not more than $5,332 for the first violation and at least $2,665 but not more than $7,997 for a subsequent violation.

    (2) Who tries to evade regulation under part B of subtitle IV, title 49, U.S.C., for carriers or brokers is liable for a penalty of at least $2,133 for the first violation or at least $5,332 for a subsequent violation.

    PART 578—CIVIL AND CRIMINAL PENALTIES 127. The authority citation for 49 CFR part 578 is revised to read as follows: Authority:

    Pub. L. 92-513, Pub. L. 94-163, Pub. L. 98-547, Pub. L. 101-410, Pub. L. 102-388, Pub. L. 102-519, Pub. L. 104-134, Pub. L. 109-59, Pub. L. 110-140, Pub. L. 112-141, Pub. L. 114-74, Pub. L. 114-94, 49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 32710, 32902, 32912, 33114 and 33115; delegation of authority at 49 CFR 1.81, 1.95.

    128. Section 578.5 is revised to read as follows:
    § 578.5 Inflationary adjustment of civil penalties.

    The civil penalties set forth in this part continue in effect until adjusted by the Administrator. The Administrator shall review the amount of these civil penalties annually and will, if appropriate, adjust them by rule.

    129. Amend § 578.6 by revising paragraphs (a) through (g), and (i) to read as follows:
    § 578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code.

    (a) Motor vehicle safety—(1) In general. A person who violates any of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $21,780 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum civil penalty under this paragraph for a related series of violations is $108,895,910.

    (2) School buses. (i) Notwithstanding paragraph (a)(1) of this section, a person who:

    (A) Violates section 30112(a)(1) of Title 49 United States Code by the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in 49 U.S.C. 30125(a)); or

    (B) Violates section 30112(a)(2) of Title 49 United States Code, shall be subject to a civil penalty of not more than $12,383 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by this section. The maximum penalty under this paragraph for a related series of violations is $18,574,064.

    (3) Section 30166. A person who violates Section 30166 of Title 49 of the United States Code or a regulation prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is $21,780 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $108,895,910.

    (4) False and misleading reports. A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to Section 30166(o), shall be subject to a civil penalty of not more than $5,332 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,066,340.

    (b) National Automobile Title Information System. An individual or entity violating 49 U.S.C. Chapter 305 is liable to the United States Government for a civil penalty of not more than $1,739 for each violation.

    (c) Bumper standards. (1) A person that violates 49 U.S.C. 32506(a) is liable to the United States Government for a civil penalty of not more than $2,852 for each violation. A separate violation occurs for each passenger motor vehicle or item of passenger motor vehicle equipment involved in a violation of 49 U.S.C. 32506(a)(1) or (4)—

    (i) That does not comply with a standard prescribed under 49 U.S.C. 32502, or

    (ii) For which a certificate is not provided, or for which a false or misleading certificate is provided, under 49 U.S.C. 32504.

    (2) The maximum civil penalty under this paragraph (c) for a related series of violations is $3,176,131.

    (d) Consumer information—(1) Crash-worthiness and damage susceptibility. A person who violates 49 U.S.C. 32308(a), regarding crashworthiness and damage susceptibility, is liable to the United States Government for a civil penalty of not more than $2,852 for each violation. Each failure to provide information or comply with a regulation in violation of 49 U.S.C. 32308(a) is a separate violation. The maximum penalty under this paragraph for a related series of violations is $1,555,656.

    (2) Consumer tire information. Any person who fails to comply with the national tire fuel efficiency program under 49 U.S.C. 32304A is liable to the United States Government for a civil penalty of not more than $59,029 for each violation.

    (e) Country of origin content labeling. A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to attach the label required under 49 U.S.C. 32304 to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as required under 49 U.S.C. 32304, is liable to the United States Government for a civil penalty of not more than $1,739 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation.

    (f) Odometer tampering and disclosure. (1) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or order issued thereunder is liable to the United States Government for a civil penalty of not more than $10,663 for each violation. A separate violation occurs for each motor vehicle or device involved in the violation. The maximum civil penalty under this paragraph for a related series of violations is $1,066,340.

    (2) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or order issued thereunder, with intent to defraud, is liable for three times the actual damages or $10,663, whichever is greater.

    (g) Vehicle theft protection. (1) A person that violates 49 U.S.C. 33114(a)(1)-(4) is liable to the United States Government for a civil penalty of not more than $2,343 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable standard under 49 U.S.C. 33102 or 33103 is only a single violation. The maximum penalty under this paragraph for a related series of violations is $585,619.

    (2) A person that violates 49 U.S.C. 33114(a)(5) is liable to the United States Government for a civil penalty of not more than $173,951 a day for each violation.

    (i) Medium- and heavy-duty vehicle fuel efficiency. The maximum civil penalty for a violation of the fuel consumption standards of 49 CFR part 535 is not more than $40,852 per vehicle or engine. The maximum civil penalty for a related series of violations shall be determined by multiplying $40, 852 times the vehicle or engine production volume for the model year in question within the regulatory averaging set.

    Issued in Washington, DC, under authority delegated at 49 CFR 1.27(n). Steven G. Bradbury, General Counsel.
    [FR Doc. 2018-24930 Filed 11-26-18; 8:45 am] BILLING CODE 4910-9X-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0759; Product Identifier 2018-NM-055-AD; Amendment 39-19501; AD 2018-23-14] RIN 2120-AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A330-200 series airplanes; Model A330-200 Freighter series airplanes; and Model A330-300 series airplanes. This AD was prompted by revisions to certain airworthiness limitation item (ALI) documents, which specify more restrictive instructions and/or airworthiness limitations. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive instructions and/or airworthiness limitation requirements. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective January 2, 2019.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 2, 2019.

    ADDRESSES:

    For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; internet http://www.airbus.com. You may view this 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-2018-0759.

    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-2018-0759; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus SAS Model A330-200 series airplanes; Model A330-200 Freighter series airplanes; and Model A330-300 series airplanes. The NPRM published in the Federal Register on August 24, 2018 (83 FR 42812). The NPRM was prompted by revisions to certain ALI documents, which specify more restrictive instructions and/or airworthiness limitations. The NPRM proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive instructions and/or airworthiness limitation requirements.

    We are issuing this AD to address fatigue cracking, accidental damage, or corrosion in principal structural elements, and possible failure of certain life limited parts, which could result in reduced structural integrity of the airplane.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0034, dated February 5, 2018 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for Airbus SAS Model A330-200 series airplanes; Model A330-200 Freighter series airplanes; and Model A330-300 series airplanes. The MCAI states:

    The airworthiness limitations for Airbus A330 and A340 aeroplanes, which are approved by EASA, are currently defined and published in the A330 and A340 ALS document(s). The Safe Life Airworthiness Limitation Items are specified in ALS Part 1. These instructions have been identified as mandatory for continued airworthiness. Failure to accomplish these instructions could result in an unsafe condition.

    EASA previously issued [EASA] AD 2014-0009 [which corresponds to FAA AD 2017-10-24, Amendment 39-18898 (82 FR 24035, May 25, 2017) (“AD 2017-10-24”)] to require the implementation of the instructions and airworthiness limitations as specified in Airbus A330 and A340 ALS Part 1 documents at Revision 07.

    Since that [EASA] AD was issued, improvement of safe life component selection and life extension campaigns resulted in life limitations changes, among others new or more restrictive life limitations, approved by EASA. Consequently, Airbus successively issued Revision 08 and Revision 09 of the A330 and A340 ALS Part 1, compiling all ALS Part 1 changes approved since previous Revision 07.

    In addition, Airbus published Variation 9.2 to remove from ALS Part 1 some life limits connected to a deficiency in the fatigue performance of 300M high strength steel used in forgings. These life limits, applicable only for a specific batch of parts, are required by EASA AD 2017-0185.

    For the reason described above, this [EASA] AD retains the requirements of EASA AD 2014-0009, which is superseded, and requires accomplishment of the actions specified in the applicable ALS.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0759.

    Comments

    We gave the public the opportunity to participate in developing this final rule. We have considered the comments received. The commenter Michael Josefik indicated support for the NPRM.

    Conclusion

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

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

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

    Related Service Information Under 1 CFR Part 51

    Airbus has issued A330 Airworthiness Limitations Section (ALS) Part 1, Safe Life Airworthiness Limitation Items (SL-ALI), Revision 09, dated September 18, 2017. This service information describes SL-ALI for the landing gear.

    Airbus has also issued A330 ALS Part 1, SL-ALI, Variation 9.2, dated November 28, 2017; and A330 ALS Part 1, SL-ALI, Variation 9.3, dated November 29, 2017. This service information describes revised life limits for certain parts. These documents are distinct because they apply to different life limited parts.

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

    Costs of Compliance

    We estimate that this AD affects 105 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    We have determined that revising the existing maintenance or inspection program takes an average of 90 work-hours per operator, although we recognize that this number may vary from operator to operator. In the past, we have estimated that this action takes 1 work-hour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), we have determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, we estimate the total cost per operator to be $7,650 (90 work-hours × $85 per work-hour).

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-23-14 Airbus SAS: Amendment 39-19501; Docket No. FAA-2018-0759; Product Identifier 2018-NM-055-AD. (a) Effective Date

    This AD is effective January 2, 2019.

    (b) Affected ADs

    This AD affects AD 2017-10-24, Amendment 39-18898 (82 FR 24035, May 25, 2017) (“AD 2017-10-24”).

    (c) Applicability

    This AD applies to the Airbus SAS airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, with an original certificate of airworthiness or original export certificate of airworthiness issued on or before November 29, 2017.

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

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

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

    (d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.

    (e) Reason

    This AD was prompted by revisions to certain airworthiness limitation item (ALI) documents, which specify more restrictive instructions and/or airworthiness limitations. We are issuing this AD to address fatigue cracking, accidental damage, or corrosion in principal structural elements, and possible failure of certain life limited parts, which could result in reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the service information identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. The initial compliance times for accomplishing the tasks are at the applicable times specified in the service information identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD, or within 90 days after the effective date of this AD, whichever occurs later.

    (1) Airbus A330 Airworthiness Limitations Section (ALS) Part 1, Safe Life Airworthiness Limitation Items (SL-ALI), Revision 09, dated September 18, 2017.

    (2) Airbus A330 ALS Part 1, SL-ALI, Variation 9.2, dated November 28, 2017.

    (3) Airbus A330 ALS Part 1, SL-ALI, Variation 9.3, dated November 29, 2017.

    (h) Terminating Actions for AD 2017-10-24

    Accomplishing the actions required by paragraph (g) of this AD terminates all of the requirements of AD 2017-10-24.

    (i) No Alternative Actions or Intervals

    After the maintenance or inspection program, as applicable, 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 or 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, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: [email protected]

    (i) 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.

    (ii) AMOCs approved previously for AD 2017-10-24 are not approved as AMOCs for this AD.

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

    (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2018-0034, February 5, 2018, 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-2018-0759.

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

    (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.

    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 1, Safe Life Airworthiness Limitation Items (SL-ALI), Revision 09, dated September 18, 2017.

    (ii) Airbus A330 ALS Part 1, SL-ALI, Variation 9.2, dated November 28, 2017.

    (iii) Airbus A330 ALS Part 1, SL-ALI, Variation 9.3, dated November 29, 2017.

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

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

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

    Issued in Des Moines, Washington, on November 8, 2018. Chris Spangenberg, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-25392 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0639; Product Identifier 2018-NM-058-AD; Amendment 39-19508; AD 2018-24-04] RIN 2120-AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A330-200 Freighter, A330-200, and A330-300 series airplanes. This AD was prompted by a revision of a certain airworthiness limitations item (ALI) document, which specifies new or more restrictive maintenance instructions and airworthiness limitations, and a determination that those maintenance instructions and airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance instructions and airworthiness limitations. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective January 2, 2019.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 2, 2019.

    ADDRESSES:

    For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; internet http://www.airbus.com. You may view this 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-2018-0639.

    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-2018-0639; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus SAS Model A330-200 Freighter, A330-200, and A330-300 series airplanes. The NPRM published in the Federal Register on August 10, 2018 (83 FR 39633). The NPRM was prompted by a revision of a certain ALI document, which specifies new or more restrictive maintenance instructions and airworthiness limitations, and a determination that those maintenance instructions and airworthiness limitations are necessary. The NPRM proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance instructions and airworthiness limitations.

    We are issuing this AD to address fatigue cracking, damage, and corrosion in principal structural elements; such fatigue cracking, damage, and corrosion could result in reduced structural integrity of the airplane.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0068, dated March 26, 2018 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus SAS Model A330-200 Freighter, A330-200, and A330-300 series airplanes. The MCAI states:

    The airworthiness limitations for Airbus A330 and A340 aeroplanes, which are approved by EASA, are currently defined and published in the A330 and A340 [Airworthiness Limitations Section] ALS document(s). The Damage Tolerant Airworthiness Limitation Items (DT ALI) are specified in the ALS Part 2. These instructions have been identified as mandatory actions for continued airworthiness.

    Failure to comply with these instructions could result in an unsafe condition [i.e., fatigue cracking, damage, and corrosion in principal structural elements] which could result in reduced structural integrity of the airplane.

    Previously, EASA issued AD 2016-0152 [which corresponds to FAA AD 2017-19-13, Amendment 39-19043 (82 FR 43837, September 20, 2017) (“AD 2017-19-13”)] for A330 and A340 aeroplanes to require accomplishment of all maintenance tasks as described in ALS Part 2 Revision 01 (A330 aeroplanes) and Revision 02 (A340 aeroplanes).

    Since that [EASA] AD was issued, Airbus published Revision 02 of the ALS Part 2 for A330 aeroplanes, including new and/or more restrictive items.

    For the reason described above, this [EASA] AD takes over the requirements from EASA AD 2016-0152 for A330 aeroplanes, and requires accomplishment of all maintenance tasks as described in the ALS. EASA AD 2016-0152 has been revised accordingly, removing A330 aeroplanes from the Applicability.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0639.

    Comments

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

    Request To Clarify or Remove Previously Approved Alternative Method of Compliance (AMOC)

    American Airlines requested that we clarify the applicability of the AMOC approved in letter AIR-676-18-111 R1, dated January 29, 2018, or remove the previously approved AMOC from the proposed AD. The commenter stated that, as currently written, paragraph (j)(1)(ii) of the proposed AD is confusing because it states that the AMOC approved in letter AIR-676-18-111 R1, dated January 29, 2018, previously approved for AD 2017-19-13, would still be approved for the corresponding provisions of the final rule. The commenter explained that this AMOC is limited to a specific organization and is not applicable to all operators.

    We agree with the commenter's request for the reasons provided by the commenter. AMOC letter AIR-676-18-111 R1, dated January 29, 2018, was issued specifically to Singapore Technologies Aerospace Limited and is not a global AMOC. We have revised paragraph (j)(1)(ii) of this AD to clarify that the AMOC granted in letter AIR-676-18-111 R1, dated January 29, 2018, is approved as an AMOC for Model A330-300 series airplanes modified from a passenger to freighter configuration under the provisions of FAA Supplemental Type Certificate ST04038NY.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Airbus A330 Airworthiness Limitations Section (ALS) Part 2—Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 02, Issue 2, dated November 22, 2017. This service information describes maintenance instructions and airworthiness limitations applicable to the DT-ALI. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 105 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    We have determined that revising the existing maintenance or inspection program takes an average of 90 work-hours per operator, although we recognize that this number may vary from operator to operator. In the past, we have estimated that this action takes 1 work-hour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), we have determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, we estimate the total cost per operator to be $7,650 (90 work-hours × $85 per work-hour).

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-24-04 Airbus SAS: Amendment 39-19508; Docket No. FAA-2018-0639; Product Identifier 2018-NM-058-AD. (a) Effective Date

    This AD is effective January 2, 2019.

    (b) Affected ADs

    This AD affects AD 2017-19-13, Amendment 39-19043 (82 FR 43837, September 20, 2017) (“AD 2017-19-13”).

    (c) Applicability

    This AD applies to the Airbus SAS airplanes specified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, with an original certificate of airworthiness or original export certificate of airworthiness issued on or before November 22, 2017.

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

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

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

    (d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.

    (e) Reason

    This AD was prompted by a revision of a certain airworthiness limitations item (ALI) document, which specifies new or more restrictive maintenance instructions and airworthiness limitations, and a determination that those maintenance instructions and airworthiness limitations are necessary. We are issuing this AD to address fatigue cracking, damage, and corrosion in principal structural elements; such fatigue cracking, damage, and corrosion could result in reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Airbus A330 Airworthiness Limitations Section (ALS) Part 2—Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 02, Issue 2, dated November 22, 2017. The initial compliance time for accomplishing the tasks is at the applicable times specified in Airbus A330 Airworthiness Limitations Section (ALS) Part 2—Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 02, Issue 2, dated November 22, 2017, or within 90 days after the effective date of this AD, whichever occurs later.

    (h) No Alternative Actions or Intervals

    After the existing 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 or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD.

    (i) Terminating Action for the Requirements of AD 2017-19-13

    Accomplishing the action required by paragraph (g) of this AD terminates all requirements of AD 2017-19-13.

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

    (i) 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.

    (ii) The AMOC specified in letter AIR-676-18-111 R1, dated January 29, 2018, approved previously for AD 2017-19-13, is approved as an AMOC for the corresponding provisions of this AD for Model A330-300 series airplanes that have been modified from a passenger to freighter configuration under the provisions of FAA Supplemental Type Certificate ST04038NY.

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

    (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2018-0068, dated March 26, 2018, 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-2018-0639.

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

    (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.

    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 2—Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 02, Issue 2, dated November 22, 2017.

    (ii) [Reserved]

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

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

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

    Issued in Des Moines, Washington, on November 15, 2018. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-25663 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0489; Product Identifier 2018-NM-001-AD; Amendment 39-19500; AD 2018-23-13] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 747-8 and 747-8F series airplanes. This AD was prompted by a report that flightcrew oxygen masks did not function as designed during flight testing. This AD requires an inspection to determine if certain oxygen masks/regulators are installed, and replacement if necessary. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective January 2, 2019.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 2, 2019.

    ADDRESSES:

    For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0489.

    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-2018-0489; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Susan L. Monroe, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3570; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 747-8 and 747-8F series airplanes. The NPRM published in the Federal Register on May 30, 2018 (83 FR 24688). The NPRM was prompted by a report that flightcrew oxygen masks did not function as designed during flight testing. The NPRM proposed to require an inspection to determine whether certain oxygen masks/regulators and stowage boxes are installed and replacement if necessary.

    We are issuing this AD to address flightcrew oxygen masks/regulators that do not deploy correctly, which could result in a delay for the flightcrew to put on the masks, which may lead to hypoxia and loss of useful consciousness, potentially resulting in loss of control of the airplane.

    Comments

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

    Request To Include Training for Proper Mask-Packing

    Zodiac Aerospace recommended that we revise paragraphs (g) and (h) to include training for proper mask-packing as an alternative to replacement. The commenter stated that if operators have followed proper packing procedures, no equipment change should be required.

    Although we acknowledge Zodiac's recommendation, we note that the supplier had previously provided mask-packing training to Boeing, and that trained, certified mask packers had packed the masks that failed. We have determined that mandating a design change is necessary to effectively mitigate the unsafe condition. We have not changed this AD in this regard.

    Request To Revise Proposed Parts Installation Limitation

    Boeing requested that we revise paragraph (i) of the proposed AD to provide that subsequent changes or modifications may be handled by normal operator procedures without requiring approval of an alternative method of compliance (AMOC) as long as oxygen mask/regulator part number (P/N) MLD20-626-l is not reintroduced as part of the subsequent change. Boeing considered paragraph (i)(3) of the proposed AD to be too restrictive because operators would be burdened with requests for AMOCs for each subsequent change or modification.

    We partially agree with the commenter. We agree that options are warranted for operators because the proposed AD was highly restrictive, given the limited nature of the unsafe condition. Therefore, we have revised paragraph (g) of this AD to provide alternative actions to correct the unsafe condition, thereby reducing the need for AMOC requests. We also removed the requirement to inspect for the oxygen mask stowage box because that inspection is no longer needed based on these alternative actions.

    However, we disagree with revising or deleting paragraph (i)(3) of this AD because the requirement refers to the dependent relationship between the new mask/regulator part number and the new oxygen mask stowage box part number required by the service information. The installation of oxygen mask/regulator P/N MLD20-726-1 with any oxygen mask stowage box part number other than P/N MXP806-7 will require FAA approval in accordance with the procedures specified in paragraph (j) of this AD.

    Request To Revise the Proposed Applicability To Include a Similar Part

    The commenter, DLH/LHT (Deutsche Lufthansa/Lufthansa-Technik), requested that we revise the proposed applicability to include P/N MLC20-626-1 as another affected oxygen mask/regulator in the proposed AD. The commenter stated that P/N MLC20-626-1 is identical to P/N MLD20-626-1, except for the goggles, and that this is why the oxygen mask/regulator shows both of these part numbers on the identification label. The commenter reasoned that an operator tracking the mask under the affected part number only would not be subject to the proposed AD.

    We do not agree with the request. We are evaluating the associated risks of P/N MLC20-626-1 in relation to the unsafe condition identified in this AD; however, it is not in the interest of public safety to delay this action further. We might consider additional rulemaking to address our findings. We have not changed this AD in this regard.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 747-35-2133, Revision 1, dated November 1, 2017. This service information describes procedures for replacing certain oxygen masks/regulators and stowage boxes. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 18 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    Estimated Costs for Required Actions Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection 1 work-hour × $85 per hour = $85 $0 $85 $1,530. Replacement Up to 6 work-hours × $85 per hour = $510 68,256 Up to $68,766 Up to $1,237,788.
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-23-13 The Boeing Company: Amendment 39-19500; Docket No. FAA-2018-0489; Product Identifier 2018-NM-001-AD. (a) Effective Date

    This AD is effective January 2, 2019.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all The Boeing Company Model 747-8 and 747-8F series airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

    (e) Unsafe Condition

    This AD was prompted by a report that flightcrew oxygen masks did not function as designed during flight testing. We are issuing this AD to address flightcrew oxygen masks/regulators that do not deploy correctly, which could result in a delay for the flightcrew to put on the masks, which may lead to hypoxia and loss of useful consciousness, potentially resulting in loss of control of the airplane.

    (f) Compliance

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

    (g) Required Actions

    For airplanes with an original certificate of airworthiness, or an original export certificate of airworthiness, issued on or before the effective date of this AD: Within 72 months after the effective date of this AD, inspect for oxygen mask/regulator part number (P/N) MLD20-626-1. A review of airplane maintenance records is acceptable in lieu of the part number inspection if the part number of the oxygen mask/regulator can be conclusively determined from that review. If any oxygen mask/regulator P/N MLD20-626-1 is found, within 72 months after the effective date of this AD, do the actions identified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.

    (1) Do all applicable actions identified as “RC” (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Special Attention Service Bulletin 747-35-2133, Revision 1, dated November 1, 2017, except as provided by paragraph (h) of this AD.

    (2) Except as specified in paragraph (i)(3) of this AD: Remove oxygen mask/regulator P/N MLD20-626-1 and install any new or serviceable oxygen mask/regulator that is not P/N MLD20-626-1 and that is FAA approved for installation on the airplane.

    Note 1 to paragraphs (g)(2) and (g)(3) of this AD:

    Guidance for the installation procedures can be found in Boeing Model 747 Aircraft Maintenance Manual (AMM) 35-11-18.

    (3) Except as specified in paragraph (i)(3) of this AD: Remove the oxygen mask/regulator P/N MLD20-626-1 and the installed oxygen mask stowage box combination, and install any new or serviceable oxygen mask/regulator and stowage box combination that does not include oxygen mask/regulator P/N MLD20-626-1, and that is FAA approved for installation on the airplane.

    (h) Exceptions to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 747-35-2133, Revision 1, dated November 1, 2017, refers to or specifies installing a new (or changed) part, for this AD, a new or serviceable (or changed) part is acceptable.

    (i) Parts Installation Limitations

    (1) For airplanes with an original certificate of airworthiness, or an original export certificate of airworthiness, issued on or before the effective date of this AD: As of the effective date of this AD, no person may install an oxygen mask/regulator P/N MLD20-626-1 on any airplane, except that prior to 72 months after the effective date of this AD, installation of P/N MLD20-626-1 is acceptable for unscheduled maintenance as a replacement only for another P/N MLD20-626-1, and only into a stowage box having P/N MXP806-1. If an oxygen mask/regulator having a part number other than P/N MLD20-626-1 is installed, it may not be replaced with P/N MLD20-626-1. For the purposes of this AD, unscheduled maintenance is defined as maintenance that was not planned for or scheduled in advance, such as changing a defective or unserviceable oxygen mask at dispatch.

    (2) For airplanes with an original certificate of airworthiness or an original export certificate of airworthiness issued after the effective date of this AD: As of the effective date of this AD, no person may install oxygen mask/regulator P/N MLD20-626-1 on any airplane.

    (3) For all airplanes: As of the effective date of this AD, no person may install oxygen mask/regulator P/N MLD20-726-1 in combination with any stowage box part number that is not P/N MXP806-7 on any airplane.

    (j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (k)(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.

    (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, Seattle ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

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

    (k) Related Information

    (1) For more information about this AD, contact Susan L. Monroe, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3570; email: [email protected]

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

    (l) Material Incorporated by Reference

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

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

    (i) Boeing Special Attention Service Bulletin 747-35-2133, Revision 1, dated November 1, 2017.

    (ii) [Reserved]

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

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

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

    Issued in Des Moines, Washington, on November 8, 2018. Chris Spangenberg, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-25394 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0707; Product Identifier 2018-NM-067-AD; Amendment 39-19509; AD 2018-24-05] RIN 2120-AA64 Airworthiness Directives; Fokker Services B.V. Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F28 airplanes. This AD was prompted by reports that filters, which are integral to certain T-unions in the landing gear hydraulic control system, disconnected from their housing and, in some cases, migrated. This AD requires replacing certain T-unions with an integral filter with T-unions without an integral filter. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective January 2, 2019.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 2, 2019.

    ADDRESSES:

    For service information identified in this final rule, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email [email protected]; internet http://www.myfokkerfleet.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0707.

    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-2018-0707; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Fokker Services B.V. Model F28 airplanes. The NPRM published in the Federal Register on August 13, 2018 (83 FR 39918). The NPRM was prompted by reports that filters, which are integral to certain T-unions in the landing gear hydraulic control system, disconnected from their housing and, in some cases, migrated. The NPRM proposed to require replacing certain T-unions with an integral filter with T-unions without an integral filter.

    We are issuing this AD to address flow reduction along the hydraulic circuit and the possible inability to completely extend one or both of the main landing gear legs, which could result in damage to the airplane during landing, and consequent injury to occupants.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0076, dated April 6, 2018 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Fokker Services B.V. Model F28 airplanes. The MCAI states:

    With [Fokker Service Bulletins] SBF100-32-095 and SBF28-32-154, Fokker Services introduced the option of installing a T-union with an integral filter into the landing gear hydraulic control system. On some F28 Mark 0070 and Mark 0100 aeroplanes, the affected part was installed on the production line. Since introduction, occurrences were reported where the T-union filter disconnected from its housing, and in some cases migrated. In one occurrence, the migrated filter caused a flow reduction and inability to retract one of the main landing gear (MLG) legs.

    This condition, if not corrected, could lead to flow reduction along the hydraulic circuit and inability to completely extend one of the MLG legs, possibly resulting in damage to the aeroplane during landing, and consequent injury to occupants.

    To address this potential unsafe condition, Fokker Services issued the applicable SB [Fokker Service Bulletin SBF28-32-166; and Fokker Service Bulletin SBF100-32-170] to provide instructions to replace the affected parts with improved parts. Fokker Services also cancelled the SBs that introduced the affected parts.

    For the reason described above, this [EASA] AD requires replacement of the affected parts with T-unions without an integral filter. This [EASA] AD also prohibits the installation of affected parts.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0707.

    Comments

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

    Conclusion

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

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

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

    Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Service Bulletin SBF28-32-166, dated February 21, 2018; and Service Bulletin SBF100-32-170, dated February 21, 2018. This service information describes procedures for removal of certain T-unions with an integral filter and installation of T-unions without an integral filter. These documents are distinct since they apply to different airplane models in different configurations. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    Estimated Costs Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    10 work-hour × $85 per hour = $850 $1,038 $1,888 $7,552
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-24-05 Fokker Services B.V.: Amendment 39-19509; Docket No. FAA-2018-0707; Product Identifier 2018-NM-067-AD. (a) Effective Date

    This AD is effective January 2, 2019.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070, 0100, 1000, 2000, 3000, and 4000 airplanes, certificated in any category, all manufacturer serial numbers.

    (d) Subject

    Air Transport Association (ATA) of America Code 32, Landing gear.

    (e) Reason

    This AD was prompted by reports that filters, which are integral to certain T-unions in the landing gear hydraulic control system, disconnected from their housing and, in some cases, migrated. We are issuing this AD to address flow reduction along the hydraulic circuit and the possible inability to completely extend one or both of the main landing gear legs, which could result in damage to the airplane during landing, and consequent injury to occupants.

    (f) Compliance

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

    (g) Definitions

    For the purposes of this AD, the definitions in paragraphs (g)(1) through (g)(3) inclusive apply.

    (1) An affected part is any hydraulic T-union with an integral filter, having part number (P/N) QA07596 or P/N QA07597, installed on the production line or introduced in-service by Fokker Service Bulletin SBF100-32-095 or Fokker Service Bulletin SBF28-32-154, as applicable.

    (2) Group 1 airplanes are those that have an affected part installed.

    (3) Group 2 airplanes are those that do not have an affected part installed.

    (h) Required Actions

    For Group 1 airplanes, within 24 months after the effective date of this AD, modify the airplane in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF28-32-166, dated February 21, 2018; or Fokker Service Bulletin SBF100-32-170, dated February 21, 2018; as applicable. The corresponding part numbers of affected (old) parts and replacement (new) parts are specified in figure 1 to paragraph (h) of this AD.

    ER27NO18.011 (i) Parts Installation Prohibition

    No person may install an affected part on any airplane, as of the time specified in paragraph (i)(1) or (i)(2) of this AD, as applicable.

    (1) For Group 1 airplanes: After modification of the airplane as required by paragraph (h) of this AD.

    (2) For Group 2 airplanes: From the effective date of this AD.

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Fokker Services B.V.'s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2018-0076, dated April 6, 2018, 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-2018-0707.

    (2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

    (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.

    (i) Fokker Service Bulletin SBF28-32-166, dated February 21, 2018.

    (ii) Fokker Service Bulletin SBF100-32-170, dated February 21, 2018.

    (3) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email [email protected]; internet http://www.myfokkerfleet.com.

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

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

    Issued in Des Moines, Washington, on November 15, 2018. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-25662 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0975; Product Identifier 2018-NE-06-AD; Amendment 39-19492; AD 2018-20-03 R1] RIN 2120-AA64 Airworthiness Directives; Hoffmann GmbH & Co. KG Propellers AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are revising airworthiness directive (AD) 2018-20-03 for certain Hoffmann GmbH & Co. KG (Hoffmann) model HO-V 62 propellers. AD 2018-20-03 required removal of the affected propeller blades and installation of modified propeller blades marked with a change letter “A” or “B” suffix. This AD requires the removal and replacement of the affected propeller blades and installation of modified propeller blades marked with a change letter “A” or “B” suffix. This AD was prompted by a determination that the applicability and installation prohibition paragraphs of AD 2018-20-03 were incorrect. We inadvertently included all Hoffmann model HO-V 62 propeller blades that did not have a change letter “A” or “B” suffix added to the serial number (S/N) and marked on the blade in the applicability and installation prohibition paragraphs of AD 2018-20-03. Only Hoffmann model HO-V 62 propellers with certain S/Ns without a change letter “A” or “B” suffix are affected. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective December 12, 2018.

    We must receive any comments on this AD by January 11, 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: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this AD, contact Hoffmann Propeller GmbH & Co. KG, Sales and Service, Küpferlingstrasse 9, 83022 Rosenheim, Germany; phone: +49 (0) 8031 1878 0; fax: +49 (0) 8031 1878 78; email: [email protected] You may view this service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA, 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0975.

    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-2018-0975; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information, 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:

    Maureen Maisttison, Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Ave, Burlington, MA, 01803; phone: 781-238-7076; fax: 781-238-7898; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued AD 2018-20-03, Amendment 39-19437 (83 FR 50821, October 10, 2018), (“AD 2018-20-03”), for Hoffmann model HO-V 62 propellers. AD 2018-20-03 required removal of the affected propeller blades and installation of modified propeller blades marked with a change letter “A” or “B” suffix. AD 2018-20-03 resulted from the failure of the propeller blade lag screws. We issued AD 2018-20-03 to prevent failure of the propeller.

    Actions Since AD 2018-20-03 Was Issued

    Since we issued AD 2018-20-03, we determined that we inadvertently included all Hoffmann S/N model HO-V 62 propeller blades without a change letter “A” or “B” suffix in the applicability and installation prohibition paragraphs of this AD. This AD corrects the applicability and installation prohibition paragraphs to affect only Hoffmann model HO-V 62 propeller blades with S/N 1 to 6049, inclusive. We are issuing this AD to address the unsafe condition on these products.

    Related Service Information

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

    This product has been approved by the European Aviation Safety Agency (EASA), and is approved for operation in the United States. Pursuant to our bilateral agreement with the European Community, EASA has notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all the relevant information provided by EASA and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

    AD Requirements

    This AD requires removal of the affected propeller blades and installation of modified propeller blades marked with a change letter “A” or “B” suffix.

    FAA's Justification and Determination of the Effective Date

    We are revising AD 2018-20-03 to correct the applicability and installation prohibition paragraphs, which were overly inclusive. We also reduced the compliance time in this AD to align more closely with the effective compliance time in AD 2018-20-03. We previously provided notice and an opportunity to comment on the substance of this rulemaking and received no comments. Therefore, we find that notice and opportunity for prior public comment are unnecessary and that good cause exists for making this amendment effective in less than 30 days.

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2018-0975 and product identifier 2018-NE-06-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. We will consider all comments received by the closing date and may amend this final rule because of those comments.

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

    Costs of Compliance

    We estimate that this AD affects 50 propellers installed on airplanes of U.S. registry.

    We estimate that 25 propellers will need to be replaced between overhaul and 25 propellers will need to be replaced at overhaul to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Replace blades between overhaul 3 work-hours × $85 per hour = $255 $3,150 $3,405 $85,125 Replace blades at overhaul 0 work-hours × $85 per hour = $0 3,150 3,150 78,750
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 [Amended]
    2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2018-20-03, Amendment 39-19437 (83 FR 50821, October 10, 2018), and adding the following new AD: 2018-20-03 R1 Hoffmann GmbH & Co. KG: Amendment 39-19492; Docket No. FAA-2018-0975; Product Identifier 2018-NE-06-AD. (a) Effective Date

    This AD is effective December 12, 2018.

    (b) Affected ADs

    This AD replaces AD 2018-20-03, Amendment 39-19437 (83 FR 50821, October 10, 2018).

    (c) Applicability

    This AD applies to Hoffmann GmbH & Co. KG (Hoffmann) model HO-V 62 propellers with a propeller blade serial number (S/N) 1 to 6049, inclusive. Hoffmann model HO-V 62 propeller blades marked with the change letter “A” or “B” suffix to the S/N are not affected by this AD.

    (d) Subject

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

    (e) Unsafe Condition

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

    (f) Compliance

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

    (g) Required Actions

    Within 15 days after the effective date of this AD, remove the affected propeller blades and install modified Hoffmann propeller blades marked with a change letter “A” or “B” suffix to the S/N marked on the blade.

    (h) Installation Prohibition

    After the effective date of this AD, do not install a Hoffmann model HO-V 62 propeller with a propeller blade S/N 1 to 6049 if it is not marked with a change letter “A” or “B” suffix to the S/N marked on the blade.

    (i) Alternative Methods of Compliance (AMOCs)

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

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

    (j) Related Information

    (1) For more information about this AD, contact Maureen Maisttison, Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Ave., Burlington, MA 01803; phone: 781-238-7076; fax: 781-238-7898; email: [email protected]

    (2) Refer to European Aviation Safety Agency (EASA) AD 2017-0220, dated November 10, 2017, for more information. You may examine the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2018-0975.

    (k) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on November 19, 2018. Robert J. Ganley, Manager, Engine & Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-25780 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0760; Product Identifier 2018-NM-095-AD; Amendment 39-19506; AD 2018-24-02] RIN 2120-AA64 Airworthiness Directives; Dassault Aviation Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE-FALCON 50, MYSTERE-FALCON 900, and FALCON 900EX airplanes. This AD was prompted by reports of cracked reinforcing straps (doublers) on the ailerons of airplanes equipped with blended winglets. This AD requires repetitive detailed inspections for cracking of the upper and lower reinforcing straps on the ailerons, and replacement if necessary. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective January 2, 2019.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 2, 2019.

    ADDRESSES:

    For service information identified in this final rule, contact Aviation Partners, Inc., 7299 Perimeter Road South, Seattle, WA 98108-3812; phone: 206-762-1171; email: [email protected]; internet: http://www.aviationpartners.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0760.

    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-2018-0760; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Michael Bumbaugh, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3522; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Dassault Aviation Model MYSTERE-FALCON 50, MYSTERE-FALCON 900, and FALCON 900EX airplanes. The NPRM published in the Federal Register on August 24, 2018 (83 FR 42810). The NPRM was prompted by reports of cracked reinforcing straps (doublers) on the ailerons of airplanes equipped with blended winglets. The NPRM proposed to require repetitive detailed inspections for cracking of the upper and lower reinforcing straps on the ailerons, and replacement if necessary.

    We are issuing this AD to address cracking of aileron reinforcing straps, which could lead to fatigue cracking of the ailerons and subsequent loss of control of the airplane.

    Comments

    We gave the public the opportunity to participate in developing this final rule. We have considered the comment received. The commenter, Sean Sullivan, indicated support for the NPRM.

    Conclusion

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

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

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

    Related Service Information Under 1 CFR Part 51

    We reviewed Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-001, Revision B, dated December 20, 2017. This service information describes procedures for detailed inspections for any signs of cracking of the external upper and lower reinforcing straps on the left-hand (LH) and right-hand (RH) ailerons.

    We also reviewed Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-002, Revision A, dated December 20, 2017. This service information describes procedures for replacing the external upper and lower reinforcing straps on the LH and RH ailerons.

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

    Costs of Compliance

    We estimate that this AD affects 70 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Repetitive inspections 1 work-hour × $85 per hour = $85 per inspection cycle $0 $85 per inspection cycle $5,950 per inspection cycle. Estimated Costs for Optional Actions Action Labor cost Parts cost Cost per
  • product
  • Replacement (4 doublers) 32 work-hours × $85 per hour = $2,720 $4,540 $7,260

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

    On-Condition Costs Action Labor cost Parts cost Cost per product Replacement (per doubler) 8 work-hours × $85 per hour = $680 (per doubler) $1,135 (per doubler) $1,815 (per doubler). Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-24-02 Dassault Aviation: Amendment 39-19506; Docket No. FAA-2018-0760; Product Identifier 2018-NM-095-AD. (a) Effective Date

    This AD is effective January 2, 2019.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 50, MYSTERE-FALCON 900, and FALCON 900EX airplanes equipped with blended winglets installed in accordance with the supplemental type certificate (STC) specified in paragraph (c)(1) or (c)(2) of this AD, as applicable.

    (1) For Model MYSTERE-FALCON 50 airplanes: STC ST02241SE.

    (2) For Model MYSTERE-FALCON 900 and FALCON 900EX airplanes: STC ST02188SE.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by reports of cracked reinforcing straps (doublers) on the left-hand (LH) and right-hand (RH) ailerons of airplanes equipped with blended winglets. We are issuing this AD to address cracking of aileron reinforcing straps, which could lead to fatigue cracking of the ailerons and subsequent loss of control of the airplane.

    (f) Compliance

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

    (g) Repetitive Inspections and Corrective Action

    Within 8 months or 400 flight hours (FH), whichever occurs first, after the effective date of this AD, and thereafter at intervals not to exceed 8 months or 400 FH, whichever occurs first: Do a detailed inspection for cracking of the upper and lower reinforcing straps of the LH and RH ailerons, in accordance with the Accomplishment Instructions of Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-001, Revision B, dated December 20, 2017. If any cracked aileron reinforcing strap is found, before further flight: Replace the reinforcing strap with a new part, in accordance with the Accomplishment Instructions of Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-002, Revision A, dated December 20, 2017.

    (h) Terminating Action for Repetitive Inspections

    Replacement of any aileron reinforcing strap with a new part, in accordance with the Accomplishment Instructions of Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-002, Revision A, dated December 20, 2017, constitutes terminating action for the repetitive inspections required by paragraph (g) of this AD for that part only.

    (i) Credit for Previous Actions

    (1) This paragraph provides credit for the inspections specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-001, dated March 3, 2017; or Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-001, Revision A, dated April 4, 2017.

    (2) This paragraph provides credit for the replacement specified in paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-002, dated March 7, 2017.

    (j) No Reporting Requirement and No Parts Return

    (1) Although Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-001, Revision B, dated December 20, 2017; and Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-002, Revision A, dated December 20, 2017; specify to submit certain information to the manufacturer, this AD does not include that requirement.

    (2) Although Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-002, Revision A, dated December 20, 2017, specifies salvaging and returning a damaged strap to Aviation Partners, Inc., this AD does not include that requirement.

    (k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (l)(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.

    (l) Related Information

    (1) For more information about this AD, contact Michael Bumbaugh, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3522; email: [email protected]

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

    (m) Material Incorporated by Reference

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

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

    (i) Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-001, Revision B, dated December 20, 2017.

    (ii) Aviation Partners, Inc., Falcon Service Bulletin SBF9-17-002, Revision A, dated December 20, 2017.

    (3) For service information identified in this AD, contact Aviation Partners, Inc., 7299 Perimeter Road South, Seattle, WA 98108-3812; phone: 206-762-1171; email: [email protected]; internet: http://www.aviationpartners.com.

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

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

    Issued in Des Moines, Washington, on November 15, 2018. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-25661 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2017-0597; FRL-9986-49-Region 10] Air Plan Approval; AK: Fine Particulate Matter Infrastructure Requirements AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    Whenever the Environmental Protection Agency (EPA) promulgates a new or revised National Ambient Air Quality Standard (NAAQS), the Clean Air Act (CAA) requires each state to make a State Implementation Plan (SIP) submission establishing that the SIP provides for the implementation, maintenance, and enforcement of the new or revised NAAQS, commonly referred to as infrastructure requirements. The EPA is approving the Alaska SIP as meeting specific infrastructure requirements for the 1997, 2006, and 2012 fine particulate matter (PM2.5) NAAQS.

    DATES:

    This final rule is effective December 27, 2018.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2017-0597. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information the disclosure of which 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 https://www.regulations.gov, or please contact the person listed in the FOR FURTHER INFORMATION CONTACT section for additional availability information.

    FOR FURTHER INFORMATION CONTACT:

    Kristin Hall at (206) 553-6357 or [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Table of Contents I. Background Information II. Response to Comments A. Summary of Comments B. EPA Responses III. Final Action IV. Statutory and Executive Order Reviews I. Background Information

    On March 10, 2016, Alaska submitted a SIP submission to address the infrastructure SIP requirements for the 2012 PM2.5 NAAQS, in addition to outstanding 1997 and 2006 PM2.5 NAAQS infrastructure elements not included in prior submissions. On January 23, 2018, the EPA proposed to approve the Alaska infrastructure SIP submission as meeting the following CAA section 110(a)(2) infrastructure elements for the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (H), (J), (K), (L), and (M). We also proposed to approve Alaska's March 2016 infrastructure SIP submission as meeting the requirements of CAA section 110(a)(2)(G) for the 1997, 2006, and 2012 PM2.5 NAAQS (83 FR 3101). The public comment period for our proposed action ended on February 22, 2018.

    II. Response to Comments A. Summary of Comments

    We received 13 adverse comments, all of which appear to be from citizens living in North Pole, Alaska, part of the Fairbanks North Star Borough (FNSB) nonattainment area.1 Commenters expressed concerns about the local burn curtailment program and how FNSB implemented the program in the nonattainment area this past winter. The program was developed by FNSB, submitted to the EPA by the Alaska Department of Environmental Conservation (ADEC), and approved by the EPA into the Alaska SIP on September 8, 2017, as part of the FNSB Moderate 2006 24-hour PM2.5 NAAQS nonattainment plan (82 FR 42457).

    1See 40 CFR 81.302. A portion of the FNSB is designated nonattainment for the 2006 24-hour PM2.5 NAAQS. The entire state of Alaska is designated unclassifiable/attainment for the 2012 annual PM2.5 NAAQS.

    Most of these commenters did not provide details about how their concerns warrant approval or disapproval of specific infrastructure SIP elements. The EPA does not consider comments on the advisability of FNSB control measures in the existing SIP to be within the scope of issues subject to public comment in this infrastructure SIP action. The provisions in question were previously approved into the SIP as part of the FNSB Moderate 2006 24-hour PM2.5 NAAQS nonattainment plan, and we are not in this action (which approves the Alaska SIP as meeting specific infrastructure requirements for the 1997, 2006, and 2012 PM2.5 NAAQS) revisiting our prior decision. Likewise, comments on potential future control measures that have not been submitted to the EPA for SIP approval are outside the scope of this action.

    One commenter did include detailed information supporting their assertion that the EPA should not approve certain infrastructure SIP elements in this action, and we have responded to the commenter's assertions below.

    B. EPA Responses 1. CAA Section 110(a)(2)(A)—Emission Limits

    One commenter stated that CAA section 110(a)(2)(A) requires SIPs to include enforceable emission limits, but the “FNSB has set a standard for home wood burning devices that is much more strict than the EPA requires.” The commenter included a link to the ADEC web page comparing the EPA's 2015 New Source Performance Standards (NSPS) for Residential Wood Heaters to Alaska regulations addressing solid fuel-fired heating device emission standards, specifically, regulations set forth in Alaska Administrative Code (AAC) at 18 AAC 50.077 and 18 AAC 50.079.2 The commenter alleged that the Alaska standards are more stringent than the EPA's NSPS and concluded that the Alaska standards are, therefore, an unenforceable emission limit under CAA section 110(a)(2)(A).

    2http://burnwise.alaska.gov/standards.htm.

    The EPA disagrees with this comment for a number of reasons. First, CAA section 110(a)(2)(A) requires SIPs to include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of the CAA. In the context of an infrastructure SIP submission for a new or revised NAAQS, however, the EPA is not evaluating the substantive merit of existing control measures in the SIP, unlike the evaluation of such measures in a nonattainment plan SIP submission. For an infrastructure SIP submission, the EPA interprets section 110(a)(2)(A) to require states to make a submission that identifies the existing measures in their SIPs that are relevant to the NAAQS at issue, as the first step in their planning for implementation of a new or revised NAAQS.3 These infrastructure SIP submissions should identify enforceable control measures as part of the demonstration that the State has the available tools and authority to develop and implement plans to attain and maintain the NAAQS.

    3See August 14, 2015, final rule approving Indiana and Ohio infrastructure SIPs (80 FR 48733 at pages 48737-48738).

    The EPA's longstanding position is that infrastructure SIPs are statewide planning SIPs to implement, maintain, and enforce a NAAQS in general, and are not detailed attainment and maintenance plans for an individual area of a state.4 Infrastructure SIPs are due within three years of adoption or revision of a particular NAAQS, according to CAA sections 110(a)(1) and (2). The separate nonattainment plan SIP submissions to address the emission limits and other control measures needed to attain a particular NAAQS in an area designated nonattainment are due on a separate schedule, pursuant to CAA section 172 and the various pollutant-specific subparts 2 through 5 of part D.5

    4See detailed discussion of the scope of infrastructure SIP actions in the July 20, 2016, proposed rule on the Alaska SIP with respect to infrastructure requirements (81 FR 47103, at page 47104).

    5See 2013 infrastructure guidance: Stephen D. Page, Director, Office of Air Quality Planning and Standards. “Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).” Memorandum to EPA Air Division Directors, Regions 1-10, September 13, 2013.

    Second, the EPA disagrees because the comment is not germane to this action on the State's infrastructure SIP submission. The commenter's assertions focus on control measures already established by the State in 18 AAC 50.077 and 18 AAC 50.079 to attain the 2006 24-hour PM2.5 NAAQS in the FNSB nonattainment area. On September 8, 2017, the EPA approved 18 AAC 50.077 as an appropriate control measure for the area and we are not revisiting our prior decision.6 The EPA already addressed the substance and validity of the control measures, and the need for such measures to help reach attainment of the NAAQS in the FNSB area in that prior action. We note that the standards in 18 AAC 50.079 have not been submitted by Alaska to the EPA and are therefore outside the scope of this action.

    6See September 8, 2017, final rule (82 FR 42457) and February 2, 2017, proposed rule (82 FR 9035 at pages 9045-9046).

    Third, the EPA does not agree that it is appropriate to compare the stringency of an NSPS with the stringency of other forms of control measures that may be necessary for a given source category. The NSPS for woodstoves focuses on emission reductions achievable through redesign of new woodstoves to reduce emissions. By contrast, potential SIP control measures can, and may be required to, achieve emission reductions by other means such as requirements to burn dry wood, opacity standards, curtailment programs, or other mechanism to reduce emissions from both new and existing sources, perhaps over and above what may result from the NSPS alone. The commenter incorrectly presumes that an NSPS is necessarily the proper point of comparison for the validity of SIP provisions to address emissions from woodstoves.

    Fourth, the EPA disagrees with the premise that states cannot regulate a source category more stringently than may be required in a Federal regulation. In enacting section 110 of the CAA, Congress gave states the lead in developing plans to implement, maintain, and enforce the NAAQS. The EPA's role is to review and approve state choices if they meet the minimum criteria of the CAA. See 42 U.S.C. 7410(k) and 40 CFR 52.02(a). There is nothing in the CAA that prevents SIP provisions from being more stringent than Federal NSPS standards. To the contrary, CAA section 116 explicitly authorizes states to regulate sources more stringently than the EPA does through Federal regulations. More importantly, states have the obligation to regulate sources as necessary to meet nonattainment area plan stringency requirements, such as reasonably- and best available control measures, and the obligation to regulate sources as necessary to attain the NAAQS in a given nonattainment area. Thus, the fact that 18 AAC 50.077 may be more stringent than the NSPS for home heating devices does not make it unenforceable.

    Finally, we note that Alaska's infrastructure SIP submission established that the State has a program for implementation, maintenance, and enforcement of the 2012 PM2.5 NAAQS that covers a range of relevant sources of emissions. As discussed in the proposed action, Alaska regulates emissions of PM2.5 and its precursors through the SIP-approved major and minor new source review (NSR) permitting programs, most recently updated on August 28, 2017 (82 FR 40712). In addition to permitting requirements, Alaska's SIP contains other rules that limit particulate matter emissions. These rules include incinerator emission standards, emission limits for specific industrial processes and fuel burning equipment, open burning restrictions, visible emission limits on marine vessel emissions, and requirements for installing and operating solid fuel-fired devices.

    We continue to find that the Alaska infrastructure SIP submission meets the requirements of CAA section 110(a)(2)(A) for purposes of the 2012 PM2.5 NAAQS and we are finalizing our proposed approval. To the extent that additional control measures are necessary to meet other requirements, such as control measures necessary to reach attainment of the NAAQS in the FNSB nonattainment area in a nonattainment plan SIP submission, Alaska and the EPA will address that in subsequent actions.

    2. CAA Sections 110(a)(2)(B) and (K)—Monitoring and Modeling

    The commenter asserted that the regulatory monitor at Hurst Road in North Pole, Alaska “routinely records the highest levels of PM2.5 seen in the nation, while devices nearby record normal levels of PM2.5.” The commenter concluded that “the FNSB is using faulty air quality parameters” that are being used to dictate the strategy for the nonattainment area and that the State has failed to meet CAA sections 110(a)(2)(B) and (K).

    The EPA disagrees that the relative levels of ambient PM2.5 at monitors in the FNSB affects the approvability of the infrastructure SIP submission. In the context of an infrastructure SIP submission, the EPA interprets CAA section 110(a)(2)(B) to require states to have SIP provisions to provide for the establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to the EPA upon request. In our proposed action, we stated that Alaska has a comprehensive air quality monitoring plan, originally approved by the EPA into the Alaska SIP on April 15, 1981 (46 FR 21994). We also determined that the plan includes statutory and regulatory authority to establish and operate an air quality monitoring network, including PM2.5 monitoring (January 23, 2018; 83 FR 3101, at page 3103). In practice, Alaska operates a comprehensive PM2.5 monitoring network, compiles and analyzes collected data, and submits the data to the EPA's Air Quality System on a quarterly basis.

    With respect to monitor siting, Alaska regularly assesses the adequacy of the State monitoring network and submits that assessment to the EPA for review. The most recent Alaska network assessment is available at http://dec.alaska.gov/air/air-monitoring/network-assessments. The fact that a single monitor records ambient PM2.5 values higher than monitors in surrounding areas does not establish that the monitoring data is inaccurate. The EPA's network design criteria are found in Appendix D to 40 CFR part 58. The fine particulate matter design criteria for state and local air monitors, at paragraph 4.7 of the Appendix, directs states to appropriately monitor the area of maximum concentration. We continue to find that Alaska has met the infrastructure SIP monitoring requirement of CAA section 110(a)(2)(B) for the 2012 PM2.5 NAAQS and we are finalizing our proposed approval with respect to this requirement.

    In the context of an infrastructure SIP submission, the EPA interprets CAA section 110(a)(2)(K) to require that SIPs provide for the performance of air quality modeling as may be prescribed by the EPA, and the submission of that modeling data by states to the EPA as required or upon request. In our proposed action, we stated that Alaska's SIP meets the infrastructure SIP requirements for modeling because, as stated in the submission, Alaska incorporates the EPA's Guideline on Air Quality Models into the SIP at 18 AAC 50.040 and requires its use based on 18 AAC 50.215 Ambient Air Quality Analysis Methods.

    Beyond alleging that “the FNSB is using faulty air quality parameters,” the commenter did not specify why they felt the Alaska SIP failed to meet CAA section 110(a)(2)(K) for the 2012 PM2.5 NAAQS. We continue to find that the Alaska SIP provides the necessary authority to perform required air quality modeling and to submit that data to the EPA.7 Therefore, we are finalizing our proposed approval of the infrastructure SIP submission with respect to CAA section 110(a)(2)(K) for the 2012 PM2.5 NAAQS.

    7See 2013 infrastructure guidance at page 55: Stephen D. Page, Director, Office of Air Quality Planning and Standards. “Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).” Memorandum to EPA Air Division Directors, Regions 1-10, September 13, 2013.

    3. CAA section 110(a)(2)(C)—Enforcement

    The commenter alleged that the FNSB cannot enforce wood burning curtailment as a practical matter and pointed to public statements that the FNSB has found “very low compliance” but has issued “only one citation.” The commenter concluded that the program is unenforceable and that the State has failed to meet CAA section 110(a)(2)(C) with respect to enforcement.

    In the context of an infrastructure SIP submission, the EPA interprets CAA section 110(a)(2)(C) to require, among other things, a program providing for enforcement of all SIP measures. As stated in the infrastructure SIP submission, Alaska statute provides ADEC authority to enforce air quality regulations, permits, and orders promulgated pursuant to AS 46.03 and AS 46.14. ADEC staffs and maintains an enforcement program to ensure compliance with SIP requirements. ADEC has emergency order authority when there is an imminent or present danger to health or welfare or potential for irreversible or irreparable damage to natural resources or the environment. Enforcement cases may be referred to the State Department of Law. Therefore, we proposed to approve the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(C) related to enforcement for the 2012 PM2.5 NAAQS.

    The commenter asserted that the FNSB burn curtailment program is unenforceable and that the EPA should therefore disapprove the infrastructure SIP submission with respect to CAA section 110(a)(2)(C). The EPA disagrees that the amount or type of enforcement of a SIP provision necessarily affects the approvability of an infrastructure SIP submission. In the context of evaluating an infrastructure SIP submission, the EPA is focused upon the facial sufficiency of the State's SIP and does not evaluate issues related to the State's implementation of the SIP. The EPA has other authority to take action, in the event the State is actually failing to implement its SIP, such as the issuance of a finding of failure to implement or a SIP call. In this instance, the comment also relates to the State's exercise of enforcement discretion, rather than to the facial sufficiency of the State's SIP with respect to enforcement authority.

    As stated in our proposal, the SIP contains the required statutory authority to enforce air quality regulations, permits, and orders.8 We continue to find that the Alaska SIP meets the infrastructure requirements of CAA section 110(a)(2)(C) for the 2012 PM2.5 NAAQS and we are finalizing our proposed approval.

    8 January 23, 2018; 83 FR 3101, pages 3103-3104.

    4. CAA section 110(a)(2)(G)—Emergency Episodes

    The commenter stated that “the emergency episode plan for FNSB is not sustainable” and specifically referred to a voter initiative to remove wood burning from FNSB regulatory oversight. The commenter also alleged that the FNSB is using the SIP emergency episode plan “as a surrogate for its own desires to limit wood burning.” The commenter therefore argued that the State has failed to meet 110(a)(2)(G) infrastructure requirements.

    In the context of an infrastructure SIP submission, the EPA interprets CAA section 110(a)(2)(G) to require two things: (1) States must have general emergency authority to address activities causing imminent and substantial endangerment to public health, and (2) if the area has high ambient PM2.5 concentrations in the past, a contingency plan in their SIPs to achieve emission reductions in the event of an emergency episode.

    In the March 10, 2016, infrastructure submission, with respect to general emergency authority, Alaska cited to Alaska Statute (AS) 46.03.820 Emergency powers, which provides ADEC with emergency order authority where there is an imminent or present danger to the health or welfare of the people of the state or would result in or be likely to result in irreversible or irreparable damage to the natural resources or environment. In addition, with respect to a contingency plan to achieve emission reductions in the event of an emergency episode, Alaska referenced State-wide emergency episode rules at 18 AAC 50.246 Air Quality Episodes and Advisories for PM 2.5. These rules authorize ADEC to declare an air alert, air warning, or air advisory to notify the public and prescribe and publicize curtailment action, including imposition of restrictions on open burning under 18 AAC 50.065 and limits on visible emissions from solid fuel-fired heating devices under 18 AAC 50.075. The submission also noted that the FNSB developed a local emergency episode plan for PM2.5 applicable in the FNSB area, and the State adopted the plan into the Alaska SIP at 18 AAC 50.030.

    On January 23, 2018, the EPA proposed to find that AS 46.03.820 Emergency powers provides emergency order authority comparable to CAA section 303.9 We also proposed to find that Alaska's State-wide emergency episode rules are consistent with the requirements of 40 CFR part 51 subpart H for PM2.5 (prevention of air pollution emergency episodes, sections 51.150 through 51.153).10 These State-wide, SIP-approved regulations and statute continue to meet the CAA section 110(a)(2)(G) emergency episode infrastructure requirements. Therefore, we are finalizing our proposed approval of the Alaska SIP as meeting CAA section 110(a)(2)(G) for the 1997, 2006, and 2012 PM2.5 NAAQS.

    9 January 23, 2018; 83 FR 3101, page 3106.

    10 18 AAC 50.246 Air Quality Episodes and Advisories for PM 2.5, in conjunction with 18 AAC 50.065 Open Burning and 18 AAC 50.075 Solid Fuel-Fired Device Visible Emission Standards, most recently approved by the EPA on September 8, 2017 (82 FR 40712).

    III. Final Action

    We are approving the Alaska SIP as meeting the following CAA section 110(a)(2) infrastructure elements for the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (H), (J), (K), (L), and (M). We are also approving the Alaska SIP as meeting CAA section 110(a)(2)(G) for the 1997, 2006, and 2012 PM2.5 NAAQS. This action is being taken under section 110 of the CAA.

    IV. 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, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

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

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

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

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

    • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and it 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. The 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 28, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: November 2, 2018. Chris Hladick, Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart C—Alaska 2. In § 52.70, the table in paragraph (e) is amended by: a. Revising entry III.II.D.; and b. Adding entries “Infrastructure Requirements—2012 PM2.5 NAAQS” and “Infrastructure Requirements—1997, 2006, and 2012 PM2.5 NAAQS” after entry “Interstate Transport Requirements—2010 SO2 NAAQS”.

    The revision and additions read as follows:

    § 52.70 Identification of plan.

    (e) * * *

    EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures Name of SIP
  • provision
  • Applicable
  • geographic or non-
  • attainment area
  • State
  • submittal
  • date
  • EPA approval
  • date
  • Explanations
    *         *         *         *         *         *         * State of Alaska Air Quality Control Plan: Volume III. Appendices Section II State Air Quality Control Program *         *         *         *         *         *         * III.II.D. CAA Section 110 Infrastructure Certification Documentation and Supporting Documents Statewide 3/10/2016 11/27/2018, [Insert Federal Register citation] *         *         *         *         *         *         * Infrastructure and Interstate Transport *         *         *         *         *         *         * Infrastructure Requirements—2012 PM2.5 NAAQS Statewide 3/10/2016 11/27/2018, [Insert Federal Register citation] Approves SIP for purposes of CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (H), (J), (K), (L), and (M) for the 2012 PM2.5 NAAQS. Infrastructure Requirements—1997, 2006, and 2012 PM2.5 NAAQS Statewide 3/10/2016 11/27/2018, [Insert Federal Register citation] Approves SIP for purposes of CAA sections 110(a)(2)(G) for the 1997, 2006, and 2012 PM2.5 NAAQS. *         *         *         *         *         *         *
    [FR Doc. 2018-25681 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [MB Docket Nos. 17-105, 02-144; MM Docket Nos. 92-266, 93-215; CS Docket Nos. 94-28, 96-157; FCC 18-148] Modernization of Media Regulation Initiative: Revisions to Cable Television Rate Regulations AGENCY:

    Federal Communications Commission

    ACTION:

    Final rule.

    SUMMARY:

    In this document, the Federal Communications Commission (Commission) eliminate or revise expired and outdated cable rate regulation rules and close a related dormant docket.

    DATES:

    Effective date: December 27, 2018.

    FOR FURTHER INFORMATION CONTACT:

    For additional information on this proceeding, contact Katie Costello, [email protected], of the Media Bureau, (202) 418-2233.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Report and Order, FCC 18-148, adopted and released on October 23, 2018. The full text of these documents is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 20554. These documents will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The complete text may be purchased from the Commission's copy contractor, 445 12th Street SW, Room CY-B402, Washington, DC 20554. To request these documents in accessible formats (computer diskettes, large print, audio recording, and Braille), send an email to [email protected] or call the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    Synopsis

    In the Report and Order, we eliminate and revise rules that have become obsolete due to the sunset of rate regulation for cable programming service tiers, are unnecessary given changes in industry practices, or have become obsolete due to changes in Commission policy. For the reasons stated below, we find good cause to modify § 76.923(i) without notice and comment because the modification in question merely codifies an existing uncodified rule. We also eliminate the hard copies of Forms 328 and 329 located at the end of § 76.985 of our rules. We are not changing the text of § 76.985 by deleting these hard copies, and they are unnecessary because Form 329 is no longer in use and Form 328 is available electronically. Finally, we eliminate §§ 76.986, 76.987, 76.922(g)(7) and 76.922(n) of the rules and close proceedings related to uniform regional rate structures, which are moot due to the sunset of cable programming service tier (CPST) regulation.

    A la Carte Packages and New Product Tiers. We eliminate §§ 76.986 and 76.987 because they are vestiges of CPST regulation. These rule sections address “a la carte” packages and “new product tiers,” both of which are types of CPSTs. Therefore, because of the sunset of CPST regulation we remove these two sections from our rules.

    Equipment Leasing. We modify § 76.923(i) to codify our previously adopted uncodified rule that, where an operator offers its equipment for sale as well as for lease, the sales price is unregulated. The lease price offers the safety of a cost-based regulated rate to subscribers and the operator's sales price for the same equipment is regulated by the market.

    Single Tier Small System Headend Upgrades. We remove § 76.922(g)(7) to reflect the sunset of the opportunity for single tier small systems to make headend upgrade adjustments. The time period for taking this rate increase, January 1, 1995 to December 31, 1997, has expired, and we see no continued need for this rule section.

    Uniform Regional Rate Structures. The Notice of Proposed Rulemaking in the Cable Pricing Flexibility Order, 61 FR 45387, and our interpretation in the Uniform Rate Order, 62 FR 15121, of § 76.922(n) of our rules are both moot due to the deregulation of the CPST. In the Cable Pricing Flexibility Order, we proposed exceptions to the CPST rate rules to allow operators to reduce BST prices and offset those reductions with increased CPST rates. Section 76.922(n) permits similar offsets for CPST rates in order to permit cable operators to establish uniform rates across multiple franchise areas. Now that CPST rates are no longer regulated, an operator may increase CPST rates without Commission approval so the exceptions to the CPST rate rules are no longer needed. Accordingly, we terminate CS Docket No. 96-157 and remove § 76.922(n) from our rules.

    Forms 328 and 329. Two hard copy FCC forms are located at the end of § 76.985 of our rules in the Code of Federal Regulations. Form 329 is an obsolete CPST complaint form. Form 328 is now available electronically. We delete these hard copy forms, including instructions, from § 76.985 and modify § 76.910 to direct interested parties to the electronic Form 328 and instructions.

    Paperwork Reduction Act.—The Report and Order eliminates, and thus does not contain new or revised, information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501-3520). In addition, therefore, it does not contain any new or modified “information burden for small business concerns with fewer than 25 employees” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C. 3506(c)(4).

    Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980, as amended (“RFA”), an Initial Regulatory Flexibility Analysis (“IRFA”) was incorporated in the Notice of Proposed Rulemaking and Order, Revisions to Cable Television Rate Regulations (“NPRM”). The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. No comments on the IRFA were received. This present Final Regulatory Flexibility Analysis (“FRFA”) conforms to the RFA.

    Need for, and Objectives of, the Revised Rules. In the past, the Commission developed rules and forms for the regulation of cable television rates when both the basic service tier (“BST”) and the cable programming service tiers (“CPST”) were subject to rate regulation. In this Report and Order, the Commission updates some of these regulations. Updating is needed so that the rules and rate forms will reflect the March 1999 sunset of cable programming services tier (“CPST”) rate regulation pursuant to the Telecommunications Act of 1996. Finally, updating is required to address issues which have arisen over time. This Report and Order makes changes to remove rule sections that are obsolete due to the sunset of upper tier regulation. For cable systems in general, including small cable systems, in this Report and Order the Commission deletes or modifies rules relating solely to CPST regulation and modifies a rule to codify existing policy. All of these changes have the effect of eliminating or reducing regulatory burdens.

    Legal Basis. The authority for this action is contained in sections 1, 2(a), 3, 4(i), 4(j), 303(r), 601(3), 602, and 623 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 153, 154(i), 154(j), 303(r), 521, 522, and 543.

    Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the modified rules. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A “small business concern” is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.

    The SBA has developed a small business size standard for Cable and Other Program Distribution, which consists of all such firms having $12.5 million or less in annual receipts. This category includes, among others, cable operators, closed circuit television services, direct broadcast satellite services, multipoint distribution services, open video systems, satellite master antenna television systems, and subscription television services. According to Census Bureau data for 1997, in this category, there was a total of 1,311 firms that operated for the entire year, of which 1180 have less than $10 million in revenue and an additional 52 firms had revenue of $10 million or more but less than $25 million. Thus, under this size standard, the majority of firms can be considered small. In this category, only cable system operators are affected by this Report and Order and we address them below to provide a more precise estimate of the affected small entities.

    Cable Systems. The Commission has developed its own small business size standard for a small cable operator for the purposes of rate regulation. Under the Commission's rules, a “small cable company” is one serving fewer than 400,000 subscribers nationwide. Based on our most recent information, we estimate that there were 1,439 cable operators that qualified as small cable companies at the end of 1995. Since then, some of those companies may have grown to serve over 400,000 subscribers, and others may have been involved in transactions that caused them to be combined with other cable operators. Consequently, we estimate that there are fewer than 1,439 small cable companies that may be affected by the proposed rules. A “small system” under the Commission's rules, is one serving “15,000 or fewer subscribers. The service area of a small system shall be determined by the number of subscribers that are served by the system's principal headend, including any other headends or microwave receive sites that are technically integrated to the principal headend.” The Communications Act of 1934, as amended, also contains a size standard for a “small cable operator,” which is “a cable operator that, directly or through an affiliate, serves in the aggregate fewer than one percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000.” The Commission has determined that there are 67,700,000 cable subscribers in the United States. Therefore, an operator serving fewer than 677,000 subscribers shall be deemed a small operator, if its annual revenues, when combined with the total annual revenues of all of its affiliates, do not exceed $250 million in the aggregate. Based on this available data, we estimate that the number of cable operators serving 677,000 subscribers or less totals approximately 1,450. We do not request or collect information on whether cable operators are affiliated with entities whose gross annual revenues exceed $250,000,000, and therefore are unable to estimate accurately the number of cable system operators that would qualify as small cable operators under the definition in the Communications Act.

    Description of Projected Reporting, Recordkeeping and Other Compliance Requirements for Small Entities. No increase in the regulatory burden on small systems or small governmental entities is expected to result from this proceeding.

    Steps Taken to Minimize Significant Impact on Small Entities and Significant Alternatives Considered. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its approach, which may include the following four alternatives (among others): “(1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.” In general, this item does not impose any new regulatory burdens on large or small entities. Rather, it serves to streamline and update rules, thereby relieving burdens in general. Although the Commission requested comment on any changes in the rate rules that might address continuing difficulties faced by operators of small systems, such as the problems associated with the simultaneous growth in competition and the need for additional investment to upgrade facilities, no comments were received. The changes do not increase the regulatory burden small systems face as a result of rate regulation and may lessen it by reducing the amount of information required to be reported.

    Federal Rules Which Duplicate, Overlap, or Conflict with the Commission's Rules. None.

    For the reasons stated above, IT IS ORDERED that, pursuant to the authority found in sections 1, 2(a), 3, 4(i), 4(j), 303(r), 601(3), 602, and 623 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 153, 154(i), 154(j), 303(r), 521, 522, 543, this Report and Order IS ADOPTED. IT IS FURTHER ORDERED that, pursuant to the authority found in sections 1, 2(a), 3, 4(i), 4(j), 303(r), 601(3), 602, and 623 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 153, 154(i), 154(j), 303(r), 521, 522, 543, the Commission's rules ARE AMENDED as set forth below. IT IS FURTHER ORDERED that CS Docket No. 96-157 IS TERMINATED. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including the Final Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration. IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

    List of Subjects in 47 CFR Part 76

    Cable television, Reporting and recordkeeping requirements.

    Federal Communications Commission.

    Cecilia Sigmund, Federal Register Liaison Officer, Office of the Secretary.
    Final Rules

    For the reasons set forth in the preamble, the Federal Communications Commission amends 47 CFR part 76 as follows:

    PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE 1. The authority citation for part 76 continues to read as follows: Authority:

    47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572, 573.

    2. Amend § 76.901 by removing paragraph (d), redesignating paragraphs (e) and (f) as paragraphs (d) and (e), and revising the newly designated paragraph (e) to read as follows:
    § 76.901 Definitions.

    (e) Small cable operator. A small cable operator is an operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000. For purposes of this definition, an operator shall be deemed affiliated with another entity if that entity holds a 20 percent or greater equity interest (not including truly passive investment) in the operator or exercises de jure or de facto control over the operator.

    (1) Using the most reliable sources publicly available, the Commission periodically will determine and give public notice of the subscriber count that will serve as the 1 percent threshold until a new number is calculated.

    (2) For a discussion of passive interests with respect to small cable operators, see Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, Report and Order in CS Docket No. 96-85, FCC 99-57 (released March 29, 1999).

    (3) If two or more entities unaffiliated with each other each hold an equity interest in the small cable operator, the equity interests of the unaffiliated entities will not be aggregated with each other for the purpose of determining whether an entity meets or passes the 20 percent affiliation threshold.

    3. Amend § 76.910 by revising the first sentence and adding a second sentence to paragraph (c) to read as follows:
    § 76.910 Franchising authority certification.

    (c) The written certification described in paragraph (b) of this section shall be made by completing and filing FCC Form 328. FCC Form 328 can be obtained from the internet at http://www.fcc.gov/Forms/Form328/328.pdf or by calling the FCC Forms Distribution Center at 1-800-418-3676. * * *

    § 76.922 [Amended]
    4. Amend § 76.922 by removing and reserving paragraph (g)(7) and removing paragraph (n). 5. Amend § 76.923 by adding a final sentence to paragraph (i) to read as follows:
    § 76.923 Rates for equipment and installation used to receive the basic service tier.

    (i) * * * Equipment sales by an operator will be unregulated where the operator offers subscribers the same equipment under regulated leased rates.

    § 76.985 [Amended]
    6. Amend § 76.985(c) by removing forms entitled “FCC329”, “INSTRUCTIONS FOR FCC 328” and “FCC328”.
    §§ 76.986 and 76.987 [Removed]
    7. Remove §§ 76.986 and 76.987.
    [FR Doc. 2018-25326 Filed 11-26-18; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150413357-5999-02] RIN 0648-XG647 Atlantic Highly Migratory Species; Commercial Blacktip Sharks in the Eastern Gulf of Mexico Sub-Region; Closure AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is closing the commercial fishery for blacktip sharks in the eastern Gulf of Mexico sub-region. This action is necessary because, as of reports received by November 16, 2018, the commercial landings of blacktip sharks in the eastern Gulf of Mexico sub-region for the 2018 fishing season have reached 97 percent of the available commercial quota. Therefore, NMFS is closing the blacktip shark fishery in the eastern Gulf of Mexico sub-region. This closure will affect anyone commercially fishing for blacktip sharks in the eastern Gulf of Mexico sub-region.

    DATES:

    The commercial fishery for blacktip sharks in the eastern Gulf of Mexico sub-region is closed effective 11:30 p.m. local time November 25, 2018, until the end of the 2018 fishing season on December 31, 2018, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened.

    FOR FURTHER INFORMATION CONTACT:

    Lauren Latchford or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.

    SUPPLEMENTARY INFORMATION:

    The Atlantic shark fisheries are managed under the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and implementing regulations (50 CFR part 635) issued under authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

    Under § 635.5(b)(1), dealers must electronically submit reports on sharks that are first received from a vessel on a weekly basis through a NMFS-approved electronic reporting system. Reports must be received by no later than midnight, local time, of the first Tuesday following the end of the reporting week unless the dealer is otherwise notified by NMFS.

    Under § 635.28(b)(2), when NMFS calculates that the landings for any species and/or management group that has a non-linked quota has reached or is projected to reach a threshold of 80 percent of the available quota, NMFS will file for publication, with the Office of the Federal Register, a notice of closure for that species and/or management group that will be effective no fewer than four days from date of filing.

    From the effective date and time of the closure until and if NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened, the fisheries for all linked species and/or management groups and specified non-linked species and/or management groups are closed, even across fishing years.

    On November 22, 2017 (82 FR 55512), NMFS announced that for 2018, the commercial eastern Gulf of Mexico blacktip shark sub-regional quota was 37.7 metric tons (mt) dressed weight (dw) (83,158 lb dw). Dealer reports received through November 16, 2018, indicate that 97 percent (36.7 mt dw) of the available eastern Gulf of Mexico blacktip shark sub-regional quota has been landed. Based on these dealer reports, landings have exceeded 80 percent of the eastern Gulf of Mexico blacktip shark sub-regional quota. Therefore, the blacktip shark fishery meets the closure threshold. Accordingly, NMFS is closing the blacktip shark fishery in the eastern Gulf of Mexico sub-region as of 11:30 p.m. local time November 25, 2018.

    All other shark species or management groups in the eastern Gulf of Mexico sub-region that are currently open will remain open, including the commercial eastern Gulf of Mexico aggregated LCS, eastern Gulf of Mexico hammerhead sharks, Gulf of Mexico non-blacknose small coastal sharks, blue sharks, smoothhound sharks, and pelagic sharks other than porbeagle or blue sharks.

    The boundary between the Gulf of Mexico region and the Atlantic region is defined at § 635.27(b)(1) as a line beginning on the East Coast of Florida at the mainland at 25°20.4′ N lat, proceeding due east. Any water and land to the south and west of that boundary is considered for the purposes of monitoring and setting quotas, to be within the Gulf of Mexico region. The boundary between the eastern and western Gulf of Mexico sub-regions is drawn along 88°00′ W long (§ 635.27(b)(1)(ii)).

    During the closure, retention of blacktip sharks in the eastern Gulf of Mexico sub-region is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit under § 635.4. However, persons aboard a commercially permitted vessel that is also properly permitted to operate as a charter vessel or headboat for HMS, has a shark endorsement, and is engaged in a for-hire trip could fish under the recreational retention limits for sharks and “no sale” provisions (§ 635.22 (c)). Similarly, persons aboard a commercially permitted vessel that possesses a valid shark research permit under § 635.32 and has a NMFS-approved observer onboard may continue to harvest and sell blacktip sharks in the eastern Gulf of Mexico sub-region pursuant to the terms and conditions of the shark research permit.

    During this closure, a shark dealer issued a permit pursuant to § 635.4 may not purchase or receive blacktip sharks in the eastern Gulf of Mexico sub-region from a vessel issued an Atlantic shark limited access permit (LAP), except that a permitted shark dealer or processor may possess blacktip sharks in the eastern Gulf of Mexico sub-region that were harvested, off-loaded, and sold, traded, or bartered prior to the effective date of the closure and were held in storage consistent with § 635.28(b)(6). Additionally, a permitted shark dealer or processor may possess blacktip sharks in the eastern Gulf of Mexico sub-region that were harvested by a vessel issued a valid shark research fishery permit per § 635.32 with a NMFS-approved observer onboard during the trip the sharks were taken on as long as the blacktip research fishery quota remains open. Similarly, a shark dealer issued a permit pursuant to § 635.4 may, in accordance with relevant state regulations, purchase or receive blacktip sharks in the eastern Gulf of Mexico sub-region if the sharks were harvested, off-loaded, and sold, traded, or bartered from a vessel that fishes only in state waters and that has not been issued an Atlantic Shark LAP, HMS Angling permit, or HMS Charter/Headboat permit pursuant to § 635.4.

    Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway and any delay in this action would result in overharvest of the quotas for these species and management groups and thus would be inconsistent with fishery management requirements and objectives. The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of availability on the fishing grounds, the migratory nature of the species, and the regional variations. NMFS is not able to give notice sooner nor would sooner notice be practicable given the structure of the regulations, which close the fisheries under specified regulatory criteria or thresholds, and closure determinations need to be based on near real-time data to balance fishing opportunities against the management goal of preventing quota overharvests. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if a quota is exceeded, the stock may be negatively affected and fishermen ultimately could experience reductions in the available quota and a lack of fishing opportunities in future seasons. For these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553(d)(3). This action is required under § 635.28(b)(2) and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: November 21, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-25790 Filed 11-21-18; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180517486-8999-02] RIN 0648-XG263 Atlantic Highly Migratory Species; 2019 Atlantic Shark Commercial Fishing Year AGENCY:

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

    ACTION:

    Final rule; fishing season notification.

    SUMMARY:

    This final rule establishes the 2019 opening date for all Atlantic shark fisheries, including the fisheries in the Gulf of Mexico and Caribbean. This final rule also establishes the quotas for the 2019 fishing year based on harvest levels during 2018, and the large coastal shark (LCS) retention limits for directed shark limited access permit holders. NMFS may increase or decrease these retention limits for directed shark limited access permit holders during the year, in accordance with existing regulations, to provide, to the extent practicable, equitable fishing opportunities for commercial shark fishermen in all regions and areas. These actions could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.

    DATES:

    This rule is effective on January 1, 2019. The 2019 Atlantic commercial shark fishing year opening dates and quotas are provided in Table 1 under SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    Atlantic Highly Migratory Species (HMS) Management Division, 1315 East-West Highway, Silver Spring, MD 20910.

    FOR FURTHER INFORMATION CONTACT:

    Lauren Latchford, Chanté Davis, or Karyl Brewster-Geisz at 301-427-8503.

    SUPPLEMENTARY INFORMATION:

    Background

    The Atlantic commercial shark fisheries are managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The 2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments are implemented by regulations at 50 CFR part 635. For the Atlantic commercial shark fisheries, the 2006 Consolidated HMS FMP and its amendments established, among other things, commercial shark retention limits, commercial quotas for species and management groups, and accounting measures for under- and overharvests for the shark fisheries. The FMP also established adaptive management measures such as flexible opening dates for the fishing season and inseason adjustments to shark trip limits, which provide management flexibility in furtherance of equitable fishing opportunities, to the extent practicable, for commercial shark fishermen in all regions and areas.

    On September 11, 2018 (83 FR 45866), NMFS published a proposed rule that proposed opening all Atlantic commercial shark management groups on January 1, 2019. NMFS proposed to start the 2019 commercial shark fishing year in the eastern and western Gulf of Mexico sub-regions with a retention limit of 36 LCS other than sandbar sharks per vessel per trip. In the Atlantic region, NMFS proposed to start the fishing year with a retention limit of 25 LCS other than sandbar sharks per vessel per trip and adjust the commercial shark retention limit between zero and 55 LCS other than sandbar sharks per vessel per trip to ensure equitable access to the fishery throughout the year. In addition, NMFS proposed quota adjustments to account for underharvest of the Gulf of Mexico blacktip shark management group, Gulf of Mexico smoothhound shark management group, and Atlantic smoothhound shark management group quotas. The proposed rule contains details about the action that are not repeated here. The comment period on the proposed rule closed on October 11, 2018.

    NMFS received eight written and oral comments regarding the proposed opening dates, retention limits, and potential inseason retention limit adjustments as it applied to LCS in the Gulf of Mexico and Atlantic regions. Those comments, along with the Agency's responses, are summarized below. After considering all the comments, NMFS is opening the fishing year for all shark management groups on January 1, 2019, as proposed. NMFS is changing the retention limit for directed shark limited access permit holders in the blacktip, aggregated LCS, and hammerhead management groups for the entire Gulf of Mexico region to 45 LCS other than sandbar sharks per vessel per trip in this final rule. The proposed rule would have set the retention limit at 36 LCS other than sandbar sharks per vessel per trip. The aggregated LCS and hammerhead shark management groups in the Atlantic region will start the fishing year with a retention limit of 25 LCS other than sandbar sharks per vessel per trip for directed shark limited access permit holders, as proposed. The retention limit for incidental shark limited access permit holders for all regions has not changed from the proposed rule and remains at 3 LCS other than sandbar sharks per trip and a combined total of 16 small coastal sharks (SCS) and pelagic sharks, combined per trip consistent with § 635.24(a)(3) and (4). Additionally, the retention limit for blacknose sharks for all permit holders in the Atlantic region south of 34000′ N.lat. has not changed from the proposed rule and remains at an eight blacknose sharks per trip consistent with § 635.24 (a)(4).

    This final rule serves as notification of the 2019 opening date for the Atlantic commercial shark fisheries and 2019 retention limits and quotas, based on shark landings data updated as of October 15, 2018 and criteria set in existing regulations at 50 CFR, Part 635. In setting the opening date, NMFS considered the “opening commercial fishing season” criteria at § 635.27(b)(3). This criteria includes the following factors: Available annual quotas for the current fishing season; estimated season length and average weekly catch rates from previous years; length of the season and fishermen participation in past years; impacts to accomplishing objectives of the 2006 Consolidated HMS FMP and its amendments; temporal variation in behavior or biology of target species (e.g., seasonal distribution or abundance); impact of catch rates in one region on another; and effects of delayed season openings.

    While this action adjusts certain quotas as allowable, this action does not establish or change the annual baseline commercial quotas established under the 2006 Consolidated HMS FMP and its amendments for any shark management group. The baselines quotas were established under previous actions, and any changes to those baseline quotas would be performed through a separate action. Rather, this action adjusts the annual commercial quotas for 2019 based on over- and/or underharvests that occurred in 2018, consistent with existing regulations, and establishes the opening dates for the fisheries. Based on updated landings information as of October 15, 2018, only the adjusted blacktip quota in the Gulf of Mexico region has changed from the proposed rule. All other quotas remain the same as proposed.

    Response to Comments

    NMFS received eight written and oral comments on the proposed rule from fishermen, dealers, and other interested parties. All written comments can be found at http://www.regulations.gov/ by searching for RIN 0648-XG263. All of the comments received are summarized below.

    Comment 1: NMFS received several comments regarding the proposed decrease in the commercial retention limit for the aggregated LCS, hammerhead, and blacktip management groups in the eastern and western Gulf of Mexico sub-regions. Of those comments, all were opposed to the proposed retention limit of 36 aggregated LCS other than sandbar sharks per vessel per trip, and noted that NMFS should maintain the retention limit at 45 aggregated LCS other than sandbar sharks per vessel per trip. The State of Louisiana along with commercial fishermen from the western Gulf of Mexico sub-region noted that they preferred keeping the retention limit at the default limit of 45 sharks per vessel per trip. Commenters prefer to maximize shark landings per trip, regardless of the length or timing of the season. NMFS also received comments from commercial fishermen in the eastern Gulf of Mexico sub-region that stated they also preferred a retention limit of 45 aggregated LCS per vessel per trip. Specifically, the fishermen in the eastern Gulf of Mexico sub-region noted that because of the consistent regulations over the past few years, the market for shark meat has expanded in their area. NMFS did not receive any comments in support of the reduction.

    Response: After considering these comments, NMFS has determined that the default retention limit of 45 LCS other than sandbar sharks per vessel per trip is appropriate and will ensure equitable fishing opportunities in both Gulf of Mexico sub-regions, to the extent practicable. NMFS originally proposed a lower retention limit in the western Gulf of Mexico sub-region with the goal of preserving quota for the fishery through April 1, which is when the State of Louisiana closes shark fishing in state waters. However, comments from the western Gulf of Mexico sub-region, including comments from the State of Louisiana, did not support the lower proposed retention and preferred a higher retention limit per trip. The State of Louisiana has a default limit of 45 LCS including blacktips and hammerheads per trip per vessel per day and prefers that the federal limit match the state limit. Regarding the eastern Gulf of Mexico sub-region, NMFS proposed the lower retention limit to reduce any confusion caused by having two separate retention limits in the Gulf of Mexico region. Given public comment from both sub-regions, and supporting information from eastern Gulf of Mexico fishermen regarding the expanding market for shark meat, NMFS will also maintain the default retention limit in the eastern Gulf of Mexico sub-region.

    Comment 2: Several commenters supported the proposed opening date of January 1, 2019 for the Gulf of Mexico region.

    Response: Given the support for this opening date, NMFS will open the Gulf of Mexico blacktip, aggregated LCS, and hammerhead shark management groups on January 1, 2019, as proposed. NMFS will also open all the other shark management groups, including those in the Atlantic region, on January 1, 2019, as proposed.

    Comment 3: One commenter expressed concern about adequate enforcement of the quotas and retention limits, noting that they feel shark populations are being decimated, and requested a closure of all shark fisheries.

    Response: NMFS is responsible for managing quotas for the Atlantic shark fisheries consistent with the Magnuson-Stevens Act and other applicable laws. Based on various stock assessments and best available science, NMFS established baseline quotas for various Atlantic shark management groups in the 2006 Consolidated HMS FMP and its amendments. These baseline quotas were established to prevent overfishing and ensure overfished stocks would rebuild within a specified timeframe. NMFS adjusts these baseline quotas, as needed, on an annual basis as a result of over- or underharvests in previous years. When establishing the shark commercial baseline quota, NMFS uses the total allowable catch calculated during the stock assessment then subtracts all other sources of mortality, including recreational landings, commercial discards, post-release mortality, and research set-aside mortality. NMFS also takes into account the effects of fishing on essential fish habitat, protected resources, and the environment to fulfill requirements for the associated FMP amendment along with socioeconomic value of these shark species to various groups. The quota is then monitored using dealer reports on a weekly basis throughout the year. NMFS closes the commercial fishery for any shark management group if the landings have reached, or are projected to reach, 80 percent of the available overall, regional, and/or sub-regional quota if the fishery's landings are not projected to reach 100 percent of the applicable quota before the end of the season, or when the quota-linked management group is closed. Once the quota is reached, these fishery closures prevent overfishing of the relevant stock(s). Since these quotas are based on the best scientific information available, NMFS is confident that allowing commercial shark fishing in 2019 will not cause shark populations to be decimated.

    Regarding the comment about adequate enforcement, NMFS takes enforcement of these regulations seriously. If suspected illegal activities are observed in any fishery and/or region, specific information regarding such incidents can be reported to NOAA Office of Law Enforcement through the national enforcement hotline at 1-800-853-1964. All commercial shark landings and quotas are monitored with the HMS electronic dealer reporting system, which has been in use since 2013. This system monitors data on a weekly basis, and provides information on each dealer transaction, including all shark landings to the species level, and ensures that quotas are not exceeded. In addition, NMFS can verify and detect falsified reporting by dealers and fishermen by cross-checking dealer reports to fishermen's logbooks.

    Comment 4: NMFS received comments regarding the Gulf of Mexico blacktip shark stock. Specifically, commenters asked for a new Gulf of Mexico blacktip shark stock assessment and an increase in the blacktip shark quota. Commenters also requested that NMFS combine the Gulf of Mexico blacktip shark management group with the aggregated LCS management group.

    Response: These comments are outside the scope of this rulemaking. The purpose of this rulemaking is to adjust quotas for the 2019 shark year based on over- and underharvests from the previous years and set opening dates and initial retention limits for the 2019 shark year. Issues regarding new baseline quotas, new management units, and the timing of stock assessments are not addressed by this rulemaking. NMFS did complete an update to the Gulf of Mexico blacktip stock assessment in October 2018 (http://sedarweb.org/sedar-29u), and is reviewing the results to determine if any changes, such as modifying the various management units or changes to the quotas, are needed. Additionally, NMFS will be assessing the Atlantic blacktip stock via the SouthEast Data, Assessment, and Review process in 2019, and will consider appropriate management measures for that stock once the assessment is complete.

    Comment 5: NMFS received a comment requesting the division between eastern and western Gulf of Mexico sub-regions be moved from 88 to 89 degrees west longitude.

    Response: This comment is outside the scope of this rulemaking because the purpose of this rulemaking is to adjust quotas for the 2019 shark year based on over- and underharvests from the previous years and set opening dates and initial retention limits for the 2019 shark year. In Amendment 6 to the 2006 Consolidated HMS FMP, NMFS analyzed, among other things, the impacts and justification for a regional management boundary to apportion the Gulf of Mexico regional commercial quotas for aggregated LCS, and blacktip shark management groups. Based on public comments and additional analyses, and after consulting with the HMS Advisory Panel, NMFS established a division of the Gulf of Mexico at 88° W. longitude. The issue of subdividing the Gulf of Mexico regional quota is not being re-addressed in this rulemaking.

    Changes From the Proposed Rule

    As described above, and as a result of public comment and additional analyses, NMFS made changes from the proposed rule. Specifically, NMFS changed the retention limit for directed shark limited access permit holders at the start of the commercial shark fishing year for the blacktip, aggregated LCS, and hammerhead shark management groups in the eastern and western Gulf of Mexico sub-regions from 36 LCS other than sandbar sharks per vessel per trip to 45 LCS other than sandbar sharks per vessel per trip. NMFS changed the retention limit after considering public comment and the 2018 landings data. NMFS noted in the proposed rule that retention limits might change in response to public comment. The default retention limit is within the allowable range and consistent with the limits established in recent years. NMFS expects that a retention limit of 45 LCS other than sandbar sharks per vessel per trip will provide equitable fishing opportunities throughout the sub regions, to the extent practicable, and retains its discretion to make inseason adjustments to retention limits, in accordance with existing regulations and in furtherance of the goals and objectives of the 2006 Consolidated HMS FMP and its amendments.

    Additionally, based on updated landings information, NMFS changed the final blacktip shark quota in both Gulf of Mexico sub-regions. As NMFS explained in the proposed rule (83 FR 45866; Sept 11, 2018), shark management group quotas in this final rule are based on dealer reports received as of mid-October. Specifically, the final adjustments are based on updated landings through October 15, 2018. Updated landing reports indicate an additional 11.5 metric tons (mt) of blacktip shark was landed in the Gulf of Mexico in 2018. Accordingly, the regional underharvest for the Gulf of Mexico region is now only 26.9 mt dressed weight (dw) (59,355 pounds (lb) dw). Since more blacktip sharks were landed, the final adjustment is lower than the proposed adjustment of 38.4 mt dw (84,702 lb dw).

    Therefore, the sub-regional quota adjustments are also lower than the adjustments in the proposed rule. The underharvest is divided between the two sub-regions, based on the percentages that are allocated to each sub-region, which are set forth at § 635.27(b)(1)(ii)(C). The western Gulf of Mexico sub-regional baseline quota is being increased by 24.3 mt dw (53,538 lb dw), which is a reduction of 10.3 mt dw from the proposed rule. Similarly, the eastern Gulf of Mexico sub-regional baseline quota is being increased by 2.6 mt dw (5,817 lb dw), which is a reduction of 1.1 mt dw from the proposed rule.

    2019 Annual Quotas

    This final rule adjusts the 2019 commercial quotas due to overharvests and/or underharvests in 2018 and previous fishing years, based on landings data through October 15, 2018. The 2018 annual quotas by species and management group are summarized in Table 1. Any dealer reports that are received by NMFS after October 15, 2018 will be used to adjust the 2020 quotas, if necessary. A description of the quota calculations is provided in the proposed rule and is not repeated here. Any changes are described in the “Changes from the Proposed Rule” section.

    Table 1—2019 Final Adjusted Quotas for the Atlantic Shark Fisheries [All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. 1 mt dw = 2,204.6 lb dw.] Region or sub-region Management group 2018
  • Adjusted quota
  • Preliminary
  • 2018
  • landings 1
  • Adjustments 2 2019
  • Baseline
  • quota
  • 2019
  • Final adjusted
  • quota
  • (A) (B) (C) (D) (D + C) Western Gulf of Mexico Blacktip Sharks 347.2 mt dw (765,392 lb dw) 330.4 mt dw (728,314 lb dw) 24.3 mt dw (53,538 lb dw) 3 231.5 mt dw (510,261 lb dw) 255.8 mt dw (563,799 lb dw). Aggregated Large Coastal Sharks 72.0 mt dw (158,724 lb dw) 92.4 mt dw (203,656 lb dw) 72.0 mt dw (158,724 lb dw) 72.0 mt dw (158,724 lb dw). Hammerhead Sharks 11.9 mt dw (26,301 lb dw) 11.0 mt dw (24,292 lb dw) 11.9 mt dw (26,301 lb dw) 11.9 mt dw (26,301 lb dw). Eastern Gulf of Mexico Blacktip Sharks 37.7mt dw (83,158 lb dw) 27.6 mt dw (60,881 lb dw) 2.6 mt dw (5,817 lb dw) 3 25.1 mt dw (55,439 lb dw) 27.7 mt dw (61,256 lb dw). Aggregated Large Coastal Sharks 85.5 mt dw (188,593 lb dw) 49.7 mt dw (109,653 lb dw) 85.5 mt dw (188,593 lb dw) 85.5 mt dw (188,593 lb dw). Hammerhead Sharks 13.4 mt dw (29,421 lb dw) 8.4 mt dw (18,555 lb dw) 13.4 mt dw (29,421 lb dw) 13.4 mt dw (29,421 lb dw). Gulf of Mexico Non-Blacknose Small Coastal Sharks 112.6 mt dw (248,215 lb dw) 54.0 mt dw (118,968 lb dw) 112.6 mt dw (248,215 lb dw) 112.6 mt dw (248,215 lb dw). Smoothhound Sharks 504.6 mt dw (1,112,441 lb dw) 0 mt dw (0 lb dw) 168.2 mt dw (370,814 lb dw) 336.4 mt dw (741,627) 504.6 mt dw (1,112,441 lb dw). Atlantic Aggregated Large Coastal Sharks 168.9 mt dw (372,552 lb dw) 65.2 mt dw (143,809 lb dw) 168.9 mt dw (372,552 lb dw) 168.9 mt dw (372,552 lb dw). Hammerhead Sharks 27.1 mt dw (59,736 lb dw) 8.3 mt dw (18,328 lb dw) 27.1 mt dw (59,736 lb dw) 27.1 mt dw (59,736 lb dw). Non-Blacknose Small Coastal Sharks 264.1 mt dw (582,333 lb dw) 82.2 mt dw (181,149 lb dw) 264.1 mt dw (582,333 lb dw) 264.1 mt dw (582,333 lb dw). Blacknose Sharks (South of 34° N lat. only) 17.2 mt dw (37,921 lb dw) 4.6 mt dw (10,213 lb dw) 17.2 mt dw (37,921 lb dw) 17.2 mt dw (37,921 lb dw). Smoothhound Sharks 1,802.6 mt dw (3,973,902 lb dw) 370.4 mt dw (816,572 lb dw) 600.9 mt dw (1,324,634 lb dw) 1,201.7 mt dw (2,649,268 lb dw) 1,802.6 mt dw (3,973,902 lb dw). No regional quotas Non-Sandbar LCS Research 50.0 mt dw (110,230 lb dw) 12.3 mt dw (27,123 lb dw) 50.0 mt dw (110,230 lb dw) 50.0 mt dw (110,230 lb dw). Sandbar Shark Research 90.7 mt dw (199,943 lb dw) 42.8 mt dw (94,123 lb dw) 90.7 mt dw (199,943 lb dw) 90.7 mt dw (199,943 lb dw). Blue Sharks 273.0 mt dw (601,856 lb dw) < 13.6 mt dw (< 30,000 lb dw) 273.0 mt dw (601,856 lb dw) 273.0 mt dw (601,856 lb dw). Porbeagle Sharks 1.7 mt dw (3,748 lb dw) 0 mt dw (0 lb dw) 1.7 mt dw (3,748 lb dw) 1.7 mt dw (3,748 lb dw). Pelagic Sharks Other Than Porbeagle or Blue 488.0 mt dw (1,075,856 lb dw) 44.7 mt dw (98,521 lb dw) 488.0 mt dw (1,075,856 lb dw) 488.0 mt dw (1,075,856 lb dw). 1 Landings are from January 1, 2018, through October 15, 2018, and are subject to change. 2 Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the underharvest adjustments cannot exceed 50 percent of the baseline quota. 3 This final rule would increase the overall Gulf of Mexico blacktip shark quota due to an overall underharvest of 26.9 mt dw (59,355 lb dw) in 2018. The overall quota would be split based on percentages that are allocated to each sub-region, as explained in the text.
    2019 Atlantic Commercial Shark Fishing Year

    NMFS considered the seven “opening commercial fishing season” criteria listed in § 635.27(b)(3), as discussed above and as described in the proposed rule (83 FR 45866; September 11, 2018). These include, among other things: the available annual quotas based on any over- and/or underharvests experienced during the previous seasons; the estimated season length based on available quotas and catch rates from previous years; the length of the season in the previous years and whether fishermen were able to participate in the fishery in those years; and the effects of catch rates in one part of a region precluding vessels in another part of that region from having a reasonable opportunity to harvest a portion of the different species and/or management quotas.

    Regarding the LCS retention limit, as shown in Table 2, directed shark limited access permit holders fishing on the Gulf of Mexico blacktip shark, aggregated LCS, and hammerhead shark management groups will start the commercial fishing year at 45 LCS other than sandbar sharks per vessel per trip. Directed shark limited access permits fishing on the Atlantic aggregated LCS and hammerhead shark management groups will start the commercial fishing year at 25 LCS other than sandbar sharks per vessel per trip. These retention limits could be changed throughout the year based on consideration of the inseason trip limit adjustment criteria at § 635.24(a)(8).

    Specifically, in the Atlantic region, NMFS will closely monitor the quota at the beginning of the year. If it appears that the quota is being harvested too quickly to allow fishermen throughout the entire region the opportunity to fish (e.g., if approximately 20 percent of the quota is caught at the beginning of the year), NMFS will consider reducing the commercial retention limit, potentially to 3 LCS other than sandbar sharks per vessel per trip. Given the geographic distribution of the sharks at this time of year (i.e., they head north before moving south again later in the year), the retention limit would be adjusted to ensure there is quota available later in the year (see the criteria at § 635.24(a)(8)(i), (ii), (v), and (vi)). Then, based on the prior years' fishing activity, and to allow more consistent fishing opportunities later in the year, NMFS will consider raising the commercial retention around July 15, 2019. The specific increase or decrease in retention limit depends on a review of the inseason trip limit adjustment criteria at § 635.24(a)(8).

    All of the shark management groups will remain open until December 31, 2019, or until NMFS determines that the landings for any shark management group have reached, or are projected to reach, 80 percent of the available overall, regional, and/or sub-regional quota, if the fishery's landings are not projected to reach 100 percent of the applicable quota before the end of the season, or when the quota-linked management group is closed. For the blacktip shark management group, regulations at § 635.28(b)(5)(i) through (v) authorize NMFS to close the management group before landings reach, or are expected to reach 80 percent of the available overall, regional, and/or sub-regional quota after considering the following criteria and other relevant factors: Season length based on available sub-regional quota and average sub-regional catch rates; variability in regional and/or sub-regional seasonal distribution, abundance, and migratory patterns; effects on accomplishing the objectives of the 2006 Consolidated Atlantic HMS FMP and its amendments; amount of remaining shark quotas in the relevant sub-region; and regional and/or sub-regional catch rates of the relevant shark species or management groups. Additionally, NMFS has previously established non-linked and linked quotas; linked quotas are explicitly designed to concurrently close multiple shark management groups that are caught together to prevent incidental catch mortality from exceeding the total allowable catch. The linked and non-linked quotas are shown in Table 2. If NMFS determines that a shark species or management group must be closed, then NMFS will publish a notice in the Federal Register of closure for that shark species, shark management group, region, and/or sub-region that will be effective no fewer than four days from the date of filing (§ 635.28(b)(2) and (3)). From the effective date and time of the closure until NMFS announces, via the publication of a notice in the Federal Register, that additional quota is available and the season is reopened, the fisheries for the shark species or management group are closed, even across fishing years.

    Table 2—Quota Linkages, Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark Management Group Region or sub-region Management group Quota linkages Opening dates Commercial retention limits for directed shark limited access permit holders (inseason adjustments are available) Eastern Gulf of Mexico Blacktip Sharks Not Linked January 1, 2019 45 LCS other than sandbar sharks per vessel per trip. Aggregated Large Coastal Sharks Linked Hammerhead Sharks Western Gulf of Mexico Blacktip Sharks Not Linked January 1, 2019 45 LCS other than sandbar sharks per vessel per trip. Aggregated Large Coastal Sharks Linked Hammerhead Sharks Gulf of Mexico Non-Blacknose Small Coastal Sharks Not Linked January 1, 2019 N/A. Atlantic Aggregated Large Coastal Sharks Linked January 1, 2019 25 LCS other than sandbar sharks per vessel per trip.
  • If quota is landed quickly, NMFS anticipates considering an inseason reduction, and later considering an inseason increase around July 15, 2019.
  • Hammerhead Sharks Non-Blacknose Small Coastal Sharks Linked (South of 34° N. lat. only) January 1, 2019 N/A. Blacknose Sharks (South of 34° N. lat. only) 8 Blacknose sharks per vessel per trip (applies to directed and incidental permit holders). No regional quotas Non-Sandbar LCS Research Linked January 1, 2019 N/A. Sandbar Shark Research Blue Sharks Not Linked January 1, 2019 N/A. Porbeagle Sharks Pelagic Sharks Other Than Porbeagle or Blue
    Classification

    The NMFS Assistant Administrator has determined that the final rule is consistent with the 2006 Consolidated HMS FMP and its amendments, other provisions of the Magnuson-Stevens Act, and other applicable law.

    This final rule is exempt from review under Executive Order 12866 because they contain no implementing regulations.

    In compliance with section 604 of the Regulatory Flexibility Act (RFA), NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for this final rule. The FRFA analyzes the anticipated economic impacts of the final actions and any significant economic impacts on small entities. The FRFA is below.

    Section 604(a)(1) of the RFA requires an explanation of the purpose of the rulemaking. The purpose of this final rulemaking is, consistent with the Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its amendments, to establish the 2018 Atlantic commercial shark fishing quotas, retention limits, and fishing seasons. Without this rule, the Atlantic commercial shark fisheries would close on December 31, 2018, and would not reopen until another action was taken. This final rule will be implemented according to the regulations implementing the 2006 Consolidated HMS FMP and its amendments. Thus, NMFS expects few, if any, economic impacts to fishermen other than those already analyzed in the 2006 Consolidated HMS FMP and its amendments. While there may be some direct negative economic impacts associated with the opening dates for fishermen in certain areas, there could also be positive effects for other fishermen in the region. The opening dates were chosen to allow for an equitable distribution of the available quotas among all fishermen across regions and states, to the extent practicable.

    Section 604(a)(2) of the RFA requires NMFS to summarize significant issues raised by the public in response to the Initial Regulatory Flexibility Analysis (IRFA), provide a summary of NMFS' assessment of such issues, and provide a statement of any changes made as a result of the comments. The IRFA was done as part of the proposed rule for the 2019 Atlantic Commercial Shark Season Specifications. NMFS did not receive any comments specific to the IRFA or on economics more generally.

    Section 604(a)(3) of the RFA requires NMFS to the respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule and provide a detailed statement of any change made to the proposed rule as a result of the comments. NMFS did not receive any comments from the Chief Counsel for Advocacy of the Small Business Administration on the proposed rule.

    Section 604(a)(4) of the RFA requires NMFS to provide an estimate of the number of small entities to which the rule would apply. The Small Business Administration (SBA) has established size criteria for all major industry sectors in the United States, including fish harvesters. Provision is made under SBA's regulations for an agency to develop its own industry-specific size standards after consultation with Advocacy and an opportunity for public comment (see 13 CFR 121.903(c)). Under this provision, NMFS may establish size standards that differ from those established by the SBA Office of Size Standards, but only for use by NMFS and only for the purpose of conducting an analysis of economic effects in fulfillment of the agency's obligations under the RFA. To utilize this provision, NMFS must publish such size standards in the Federal Register, which NMFS did on December 29, 2015 (80 FR 81194, December 29, 2015). In that final rule effective on July 1, 2016, NMFS established a small business size standard of $11 million in annual gross receipts for all businesses in the commercial fishing industry (NAICS 11411) for RFA compliance purposes (80 FR 81194, December 29, 2015). NMFS considers all HMS permit holders to be small entities because they had average annual receipts of less than $11 million for commercial fishing.

    As of October 2018, the final rule would apply to the approximately 220 directed commercial shark permit holders, 268 incidental commercial shark permit holders, 163 smoothhound shark permit holders, and 108 commercial shark dealers. Not all permit holders are active in the fishery in any given year. Active directed commercial shark permit holders are defined as those with valid permits that landed one shark based on HMS electronic dealer reports. Of the 488 directed and incidental commercial shark permit holders, only 24 permit holders landed sharks in the Gulf of Mexico region and only 89 landed sharks in the Atlantic region. Of the 163 smoothhound shark permit holders, only 66 permit holders landed smoothhound sharks in the Atlantic region and one permit holder landed smoothhound sharks in the Gulf of Mexico region. NMFS has determined that the final rule would not likely affect any small governmental jurisdictions.

    Section 604(a)(5) of the RFA requires NMFS to describe the projected reporting, recordkeeping, and other compliance requirements of the final rule, including an estimate of the classes of small entities which would be subject to the requirements of the report or record. None of the actions in this final rule would result in additional reporting, recordkeeping, or compliance requirements beyond those already analyzed in the 2006 Consolidated HMS FMP and its amendments.

    Section 604(a)(6) of the RFA requires NMFS to describe the steps taken to minimize the economic impact on small entities, consistent with the stated objectives of applicable statutes. Additionally, the RFA (5 U.S.C. 603(c)(1)-(4)) lists four general categories of “significant” alternatives that would assist an agency in the development of significant alternatives that would accomplish the stated objectives of applicable statutes and minimize any significant economic impact of the rule on small entities. These categories of alternatives are: (1) Establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) use of performance rather than design standards; and (4) exemptions from coverage of the rule, or any part thereof, for small entities.

    In order to meet the objectives of this rule, consistent with the Magnuson-Stevens Act, NMFS cannot exempt small entities or change the reporting requirements only for small entities because all the entities affected are small entities. Thus, there are no alternatives discussed that fall under the first, second, and fourth categories described above. NMFS does not know of any performance or design standards that would satisfy the aforementioned objectives of this rulemaking while, concurrently, complying with the Magnuson-Stevens Act; therefore, there are no alternatives considered under the third category.

    This rulemaking does not establish management measures to be implemented, but rather implements previously adopted and analyzed measures as adjustments, as specified in the 2006 Consolidated HMS FMP and its amendments and the Environmental Assessment (EA) for the 2011 shark quota specifications rule (75 FR 76302; December 8, 2010). Thus, in this rulemaking, NMFS adjusted the baseline quotas established and analyzed in the 2006 Consolidated HMS FMP and its amendments by subtracting the underharvest or adding the overharvest, as specified and allowable in existing regulations. Under current regulations (§ 635.27(b)(2)), all shark fisheries close on December 31 of each year, or when NMFS determines that the landings for any shark management group has reached, or is projected to reach, 80 percent of the available overall, regional, and/or sub-regional quota if the fishery's landings are not projected to reach 100 percent of the applicable quota before the end of the season, or when the quota-linked management group is closed. The fisheries do not open until NMFS takes action, such as this rulemaking, to re-open the fisheries. Thus, not implementing these management measures would negatively affect shark fishermen and related small entities, such as dealers, and also would not provide management flexibility in furtherance of equitable fishing opportunities, to the extent practicable, for commercial shark fishermen in all regions and areas.

    Based on the 2017 ex-vessel meat and fin prices (Table 3), fully harvesting the unadjusted 2019 Atlantic shark commercial baseline quotas could result in total fleet revenues of $7,650,107. For the Gulf of Mexico blacktip shark management group, NMFS will increase the baseline sub-regional quotas due to the underharvests in 2018. The increase for the western Gulf of Mexico blacktip shark management group would result in a $43,249 gain in total revenues for fishermen in that sub-region, while the increase for the eastern Gulf of Mexico blacktip shark management group would result in a $5,339 gain in total revenues for fishermen in that sub-region. For the Gulf of Mexico and Atlantic smoothhound shark management groups, NMFS will increase the baseline quotas due to the underharvest in 2018. This would cause a potential gain in revenue of $281,329 for the fleet in the Gulf of Mexico region and a potential gain in revenue of $1,004,973 for the fleet in the Atlantic region.

    All of these changes in gross revenues are similar to the changes in gross revenues analyzed in the 2006 Consolidated HMS FMP and its amendments. The FRFAs for those amendments concluded that the economic impacts on these small entities are expected to be minimal. In the 2006 Consolidated HMS FMP and its amendments and the EA for the 2011 shark quota specifications rule, NMFS stated it would be conducting annual rulemakings and considering the potential economic impacts of adjusting the quotas for under- and overharvests at that time.

    Table 3—Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2017 Region Species Average ex-
  • vessel meat price
  • Average ex-
  • vessel fin price
  • Western Gulf of Mexico Blacktip Shark $0.51 $11.03 Aggregated LCS 0.51 12.51 Hammerhead Shark 0.67 11.67 Eastern Gulf of Mexico Blacktip Shark 0.62 8.22 Aggregated LCS 0.43 13.00 Hammerhead Shark 12.80 Gulf of Mexico Non-Blacknose SCS 0.41 8.37 Smoothhound Shark * Atlantic Aggregated LCS 0.95 11.47 Hammerhead Shark 0.41 13.91 Non-Blacknose SCS 0.96 7.33 Blacknose Shark 1.05 Smoothhound Shark 0.70 1.63 No Region Shark Research Fishery (Aggregated LCS) 0.80 12.40 Shark Research Fishery (Sandbar only) 0.50 12.40 Blue shark 1.40 11.44 Porbeagle shark 1.54 2.82 Other Pelagic sharks 1.51 2.82 * Used Atlantic smoothhound ex-vessel prices for Gulf of Mexico smoothhound ex-vessel prices since there are currently no landings of Gulf of Mexico smoothhound sharks.

    For this final rule, NMFS reviewed the “opening commercial fishing season” criteria at § 635.27(b)(3)(i) through (vii) to determine when opening each fishery will provide equitable opportunities for fishermen, to the extent practicable, while also considering the ecological needs of the different species. The 2018 fishing year and previous years' over- and/or underharvests were examined for the different species/complexes to determine the effects of the 2019 final quotas on fishermen across regional fishing areas. NMFS examined season lengths and previous catch rates to ensure equitable fishing opportunities for fishermen. Lastly, NMFS examined the seasonal variation of the different species/complexes and the effects on fishing opportunities. In addition to these criteria, NMFS also considered updated landings data and public comment on the proposed rule before arriving at the final opening dates for the 2019 Atlantic shark management groups. For the 2019 fishing year, NMFS is opening the shark management groups on January 1, 2019. The direct and indirect economic impacts will be neutral on a short- and long-term basis for the Gulf of Mexico blacktip shark, Gulf of Mexico aggregated LCS, Gulf of Mexico hammerhead shark, Gulf of Mexico non-blacknose shark SCS, Atlantic non-blacknose shark SCS, Atlantic blacknose shark, sandbar shark, blue shark, porbeagle shark, and pelagic shark (other than porbeagle or blue sharks) management groups, because NMFS did not change the opening dates of these fisheries from the status quo of January 1.

    Opening the aggregated LCS and hammerhead shark management groups in the Atlantic region on January 1 will result in short-term, direct, moderate, beneficial economic impacts, as fishermen and dealers in the southern portion of the Atlantic region will be able to fish for and sell aggregated LCS and hammerhead sharks starting in January. The opening date and retention limits finalized in this rule for the Atlantic region are the same as those for the current year and similar to those for the 2016, 2017, and 2018 years.

    Based on past public comments, some Atlantic fishermen in the southern and northern parts of the region prefer a January 1 opening for the fishery as long as the majority of the quota is available later in the year. Along with the inseason retention limit adjustment criteria in § 635.24(a)(8), NMFS monitors the quota through the HMS electronic reporting system on a real-time basis. This allows NMFS the flexibility to further provide equitable fishing opportunities for fishermen across all regions, to the extent practicable. The direct impacts to shark fishermen in the Atlantic region of reducing the retention limit depend on the needed reduction in the retention limit and the timing of such a reduction. Therefore, such a reduction in the retention limit for directed shark limited access permit holders is only anticipated to have minor adverse direct economic impacts to fishermen in the short-term; long-term impacts are not anticipated as these reductions would not be permanent.

    In the northern portion of the Atlantic region, a January 1 opening for the aggregated LCS and hammerhead shark management groups, with inseason trip limit adjustments to ensure quota is available later in the season, will have direct, minor, beneficial economic impacts in the short-term for fishermen as they will potentially have access to the aggregated LCS and hammerhead shark quotas earlier than in past seasons. Fishermen in this area have stated that, depending on the weather, some aggregated LCS species might be available to retain in January. Thus, fishermen will be able to target or retain aggregated LCS while targeting non-blacknose SCS. There will be indirect, minor, beneficial economic impacts in the short- and long-term for shark dealers and other entities that deal with shark products in this region as they will also have access to aggregated LCS products earlier than in past seasons. Thus, opening the aggregated LCS and hammerhead shark management groups in January and using inseason trip limit adjustments to ensure the fishery is open later in the year in 2019 will cause beneficial cumulative economic impacts, because it allows for a more equitable distribution of the quotas among constituents in this region, consistent with the 2006 Consolidated HMS FMP and its amendments.

    Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as “small entity compliance guides.” The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, NMFS has prepared a listserv summarizing fishery information and regulations for Atlantic shark fisheries for 2019. This listserv also serves as the small entity compliance guide. Copies of the compliance guide are available from NMFS (see ADDRESSES).

    Authority:

    16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: November 20, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2018-25744 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779-8161-02] RIN 0648-XG648 Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; reallocation.

    SUMMARY:

    NMFS is exchanging unused rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2018 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

    DATES:

    Effective November 27, 2018 through December 31, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands management area (BSAI) according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    The 2018 rock sole and yellowfin sole CDQ reserves specified in the BSAI are 4,540 metric tons (mt) and 17,023 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 50036, October 4, 2018). The 2018 rock sole and yellowfin sole CDQ ABC reserves are 10,772 mt and 12,670 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 50036, October 4, 2018).

    The Norton Sound Economic Development Corporation has requested that NMFS exchange 400 mt of rock sole CDQ reserves for 400 mt of yellowfin sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 400 mt of rock sole CDQ reserves for 400 mt of yellowfin sole CDQ ABC reserves in the BSAI. This action also decreases and increases the TACs and CDQ ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and revised by flatfish exchange (83 FR 50036, October 4, 2018), are further revised as follows:

    Table 11—Final 2018 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS [Amounts are in metric tons] Sector Pacific ocean perch Eastern
  • Aleutian
  • District
  • Central
  • Aleutian
  • District
  • Western
  • Aleutian
  • District
  • Flathead sole BSAI Rock sole BSAI Yellowfin sole BSAI
    TAC 9,000 7,500 9,000 17,105 42,550 155,945 CDQ 963 803 963 1,507 4,140 17,423 ICA 100 120 10 4,000 6,000 4,000 BSAI trawl limited access 794 658 161 0 0 18,351 Amendment 80 7,143 5,920 7,866 11,599 32,410 116,171 Note: Sector apportionments may not total precisely due to rounding.
    Table 13—Final 2018 and 2019 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole [Amounts are in metric tons] Sector 2018
  • Flathead sole
  • 2018
  • Rock sole
  • 2018
  • Yellowfin sole
  • 2019 1
  • Flathead sole
  • 2019 1
  • Rock sole
  • 2019 1
  • Yellowfin sole
  • ABC 66,773 143,100 277,500 65,227 132,000 267,500 TAC 17,105 42,550 155,945 16,500 49,100 156,000 ABC surplus 49,668 100,550 121,555 48,727 82,900 111,500 ABC reserve 49,668 100,550 121,555 48,727 82,900 111,500 CDQ ABC reserve 5,638 11,172 12,270 5,214 8,870 11,931 Amendment 80 ABC reserve 44,030 89,378 109,286 43,513 74,030 99,570 1 The 2019 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2018.
    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the flatfish exchange by the Norton Sound Economic Development Corporation in the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 19, 2018.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: November 20, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-25765 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    83 228 Tuesday, November 27, 2018 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2018-0985; Airspace Docket No. 18-AWP-19] RIN 2120-AA66 Proposed Amendment of Air Traffic Service (ATS) Route T-331; Western United States AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to amend Area Navigation (RNAV) Route T-331 in the western United States. The modification is necessary due to the planned decommissioning of Clovis, CA, VOR portion of the VOR/Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of affected ATS route V-23. The decommissioning has rendered portions of V-23 unusable and amending T-331 helps overcome affected portions of V-23. The Clovis, CA, VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

    DATES:

    Comments must be received on or before January 11, 2019.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2018-0985; Airspace Docket No. 18-AWP-19 at the beginning of your comments. You may also submit comments through the internet at http://www.regulations.gov.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify the route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

    Communications should identify both docket numbers (FAA Docket No. FAA-2018-0985; Airspace Docket No. 18-AWP-19) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2018-0985; Airspace Docket No. 18-AWP-19.” The postcard will be date/time stamped and returned to the commenter.

    All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018, and effective September 15, 2018. FAA Order 7400.11C is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11C lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    Background

    The FAA is planning decommissioning activities for the Clovis, CA, VOR in 2019 as one of the candidate VORs identified for discontinuance by the FAA's VOR MON program and listed in the final policy statement notice, “Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum Operational Network),” published in the Federal Register of July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082. Although the VOR portion of the Clovis, CA, VORTAC NAVAID is planned for decommissioning, the Tactical Air Navigation (TACAN) portion is being retained. The ATS route effected by the Clovis VOR decommissioning is V-23. RNAV route T-331 is proposed to be amended to overcome the gap to V-23.

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying RNAV route T-331. The proposed route change is outlined below.

    T-331: T-331 currently extends between the NTELL, CA, waypoint (WP) and the FONIA, ND, FIX. The FAA proposes to extend the route to the southeast by 15 miles to connect to the FRAME, CA, FIX, which is the new proposed starting point of the RNAV route. The extension is needed for navigation in the low altitude structure as V-23 is being gapped in a separate rulemaking action due to the decommissioning of the Clovis, CA, VOR. Additionally, five WPs (ESSOH, CA, HIXUP, NV, WAHNZ, ID, SPECT, MT, and TRUED, MT) and one FIX (CUTVA, NV) are being removed from the current legal description as they are unnecessary to the RNAV route description required by policy. The unaffected portion of the existing route will remain as charted.

    United States RNAV Routes are published in paragraph 6011 of FAA Order 7400.11C dated August 13, 2018, and effective September 15, 2018, which is incorporated by reference in 14 CFR 71.1. The RNAV Route listed in this document will be subsequently published in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018 and effective September 15, 2018, is amended as follows: Paragraph 6011 United States Area Navigation Routes. T-331 FRAME, CA to FONIA, ND [Amended] FRAME, CA FIX (Lat. 36°36′46.74″ N, long. 119°40′25.53″ W) NTELL, CA WP (Lat. 36°53′58.99″ N, long. 119°53′22.21″ W) KARNN, CA FIX (Lat. 37°09′03.79″ N, long. 121°16′45.22″ W) VINCO, CA FIX (Lat. 37°22′35.11″ N, long. 121°42′59.52″ W) NORCL, CA WP (Lat. 37°31′02.66″ N, long. 121°43′10.60″ W) MOVDD, CA WP (Lat. 37°39′40.88″ N, long. 121°26′53.53″ W) EVETT, CA WP (Lat. 38°00′36.11″ N, long. 121°07′48.14″ W) TIPRE, CA WP (Lat. 38°12′21.00″ N, long. 121°02′09.00″ W) SQUAW VALLEY, CA(SWR) VORDME (Lat. 39°10′49.16″ N, long. 120°16′10.60″ W) TRUCK, CA FIX (Lat. 39°26′15.67″ N, long. 120°09′42.48″ W) MUSTANG, NV (FMG) VORTAC (Lat. 39°31′52.60″ N, long. 119°39′21.87″ W) LOVELOCK, NV (LLC) VORTAC (Lat. 40°07′30.95″ N, long. 118°34′39.34″ W) BATTLE MOUNTAIN, NV (BAM) VORTAC (Lat. 40°34′08.69″ N, long. 116°55′20.12″ W) PARZZ, NV WP (Lat. 41°36′14.64″ N, long. 115°02′09.69″ W) TULIE, ID WP (Lat. 42°37′58.49″ N, long. 113°06′44.54″ W) AMFAL, ID WP (Lat. 42°45′56.67″ N, long. 112°50′04.64″ W) POCATELLO, ID (PIH) VOR/DME (Lat. 42°52′13.38″ N, long. 112°39′08.05″ W) VIPUC, ID FIX (Lat. 43°21′09.64″ N, long. 112°14′44.08″ W) IDAHO FALLS, ID (IDA) VOR/DME (Lat. 43°31′08.42″ N, long. 112°03′50.10″ W) SABAT, ID FIX (Lat. 44°00′59.71″ N, long. 111°39′55.04″ W) BILLINGS, MT (BIL) VORTAC (Lat. 45°48′30.81″ N, long. 108°37′28.73″ W) EXADE, MT FIX (Lat. 47°35′56.78″ N, long. 104°32′40.61″ W) JEKOK, ND WP (Lat. 47°59′31.05″ N, long. 103°27′17.51″ W) FONIA, ND FIX (Lat. 48°15′35.07″ N, long. 103°10′37.54″ W) Issued in Washington, DC, on November 19, 2018. Gemechu Gelgelu, Acting Manager, Airspace Policy Group.
    [FR Doc. 2018-25710 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2018-0986; Airspace Docket No. 18-AWP-20] RIN 2120-AA66 Proposed Amendment of Air Traffic Service (ATS) Route T-333; Western United States AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to amend Area Navigation (RNAV) Route T-333 in the western United States. The modification is necessary due to the planned decommissioning of Priest, CA, VOR navigation aid (NAVAID), which provides navigation guidance for portions of affected ATS route V-485. The decommissioning has rendered portions of V-485 unusable and amending T-333 will overcome affected portions of V-485. The Priest, CA, VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

    DATES:

    Comments must be received on or before January 11, 2019.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2018-0986; Airspace Docket No. 18-AWP-20 at the beginning of your comments. You may also submit comments through the internet at http://www.regulations.gov.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify the route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

    Communications should identify both docket numbers (FAA Docket No. FAA-2018-0986; Airspace Docket No. 18-AWP-20) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2018-0986; Airspace Docket No. 18-AWP-20.” The postcard will be date/time stamped and returned to the commenter.

    All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018, and effective September 15, 2018. FAA Order 7400.11C is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11C lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    Background

    The FAA is planning decommissioning activities for the Priest, CA, VOR in 2019 as one of the candidate VORs identified for discontinuance by the FAA's VOR MON program and listed in the final policy statement notice, “Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum Operational Network),” published in the Federal Register of July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082. The ATS route effected by the Clovis VOR decommissioning is V-485. RNAV route T-333 is proposed to be amended to overcome the gap to V-485.

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying RNAV route T-333. The proposed route change is outlined below.

    T-333: T-333 currently extends between the KLIDE, CA, FIX and the TIPRE, CA, waypoint. The FAA proposes to extend the route to the southeast by 130 miles to connect to the Fellows, CA, VOR/DME NAVAID, which is the new proposed starting point of the RNAV route. The extension is needed for navigation in the low altitude structure as V-485 is being gapped in a separate rulemaking action due to the decommissioning of the Priest, CA, VOR. The amendment will remove the KLIDE, CA, FIX due to turn criteria for RNAV procedure development in order to rejoin T-333 at the BORED, CA, FIX.

    United States RNAV Routes are published in paragraph 6011 of FAA Order 7400.11C dated August 13, 2018, and effective September 15, 2018, which is incorporated by reference in 14 CFR 71.1. The RNAV Route listed in this document will be subsequently published in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018 and effective September 15, 2018, is amended as follows: Paragraph 6011 United States Area Navigation Routes T-333 FELLOWS, CA TO TIPRE, CA [AMENDED] FELLOWS, CA (FLW) VOR/DME (Lat. 35°05′35.10″ N, long. 119°51′56.08″ W) REDDE, CA FIX (Lat. 35°39′35.48″ N, long. 120°17′42.14″ W) LKHRN, CA WP (Lat. 36°05′59.82″ N, long. 120°45′22.53″ W) RANCK, CA FIX (Lat. 36°35′29.90″ N, long. 121°06′10.37″ W) HENCE, CA FIX (Lat. 36°55′28.65″ N, long. 121°25′49.36″ W) GILRO, CA FIX (Lat. 37°02′46.62″ N, long. 121°34′06.76″ W) BORED, CA FIX (Lat. 37°18′34.16″ N, long. 121°27′48.06″ W) SMONE, CA WP (Lat. 37°32′10.45″ N, long. 121°21′30.65″ W) OOWEN, CA WP (Lat. 37°42′25.17″ N, long. 121°16′29.21″ W) TIPRE, CA WP (Lat. 38°12′21.00″ N, long. 121°02′09.00″ W) Issued in Washington, DC, on November 19, 2018. Gemechu Gelgelu, Acting Manager, Airspace Policy Group.
    [FR Doc. 2018-25711 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2018-0952; Airspace Docket No. 18-ASW-16] RIN 2120-AA66 Proposed Amendment of E Airspace; Flippin, AR AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Marion County Regional Airport, Flippin, AR, and Baxter County Airport, Mountain Home, AR, which is contained within the Flippin, AR, airspace legal description. The FAA is proposing this action as the result of the decommissioning of the Flippin VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at these airports, as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the Marion County Regional Airport and name of Baxter County Airport would also be updated to coincide with the FAA's aeronautical database.

    DATES:

    Comments must be received on or before January 11, 2019.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-9826, or (800) 647-5527. You must identify FAA Docket No. FAA-2018-0952; Airspace Docket No. 18-ASW-16, at the beginning of your comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend Class E airspace extending upward from 700 feet above the surface at Marion County Regional Airport, Flippin, AR, and Baxter County Airport, Mountain Home, AR, to support instrument flight rule operations at these airports.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2018-0952/Airspace Docket No. 18-ASW-16.” The postcard will be date/time stamped and returned to the commenter.

    All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Federal Aviation Administration, Air Traffic Organization, Central Service Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth, TX 76177.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018, and effective September 15, 2018. FAA Order 7400.11C is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11C lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by:

    Amending the Class E airspace extending upward from 700 feet above the surface at Marion County Regional Airport, Flippin, AR, to within a 6.5-mile radius (increased from a 6.4-mile radius); removing the Flippin VOR/DME from the airspace legal description; removing the extension east of the airport; removing the city associated with the airport from the airspace legal description to comply with FAA Order 7400.2L, Procedures for Handling Airspace Matters; and updating the geographic coordinates of the airport to coincide with the FAA's aeronautical database.

    And amending the Class E airspace extending upward from 700 feet above the surface at Baxter County Airport (previously Baxter County Regional Airport), Mountain Home, AR, by removing the extension south of the airport associated with the Flippin VOR/DME; removing the city associated with the airport from the airspace legal description to comply with FAA Order 7400.2L; and updating the name of the airport to coincide with the FAA's aeronautical database.

    This action is the result of an airspace review caused by the decommissioning of the Flippin VOR, which provided navigation information for the instrument procedures at these airports, as part of the VOR MON Program.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11C, dated August 13, 2018, and effective September 15, 2018, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority:

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018, and effective September 15, 2018, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASW AR E5 Flippin, AR [Amended] Marion County Regional Airport, AR (Lat. 36°17′27″ N, long. 92°35′25″ W) Baxter County Airport, AR (Lat. 36°22′08″ N, long. 92°28′14″ W) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Marion County Regional Airport and within a 6.5-mile radius of Baxter County Airport. Issued in Fort Worth, Texas, on November 19, 2018. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2018-25706 Filed 11-26-18; 8:45 am] BILLING CODE 4910-13-P
    SECURITIES AND EXCHANGE COMMISSION 17 CFR Chapter II [Release Nos. 33-10576; 34-84640; 39-2523; IA-5067; IC-33298; File No. S7-25-18] List of Rules To Be Reviewed Pursuant to the Regulatory Flexibility Act AGENCY:

    Securities and Exchange Commission.

    ACTION:

    Publication of list of rules scheduled for review.

    SUMMARY:

    The Securities and Exchange Commission is publishing a list of rules to be reviewed pursuant to Section 610 of the Regulatory Flexibility Act. The list is published to provide the public with notice that these rules are scheduled for review by the agency and to invite public comment on whether the rules should be continued without change, or should be amended or rescinded to minimize any significant economic impact of the rules upon a substantial number of such small entities.

    DATES:

    Comments should be submitted by December 27, 2018.

    ADDRESSES:

    Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's internet comment form (http://www.sec.gov/rules/proposed.shtml); or

    • Send an email to [email protected] Please include File Number S7-XX-18 on the subject line.

    Paper Comments

    • Send paper comments to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

    All submissions should refer to File No. S7-XX-18. This file number should be included on the subject line if email is used. To help us process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (http://www.sec.gov/rules/other.shtml). Comments also are available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT:

    Leila Bham, Office of the General Counsel, 202-551-5532.

    SUPPLEMENTARY INFORMATION:

    The Regulatory Flexibility Act (“RFA”), codified at 5 U.S.C. 601-612, requires an agency to review its rules that have a significant economic impact upon a substantial number of small entities within ten years of the publication of such rules as final rules. 5 U.S.C. 610(a). The purpose of the review is “to determine whether such rules should be continued without change, or should be amended or rescinded . . . to minimize any significant economic impact of the rules upon a substantial number of such small entities.” 5 U.S.C. 610(a). The RFA sets forth specific considerations that must be addressed in the review of each rule:

    • The continued need for the rule;

    • the nature of complaints or comments received concerning the rule from the public;

    • the complexity of the rule;

    • the extent to which the rule overlaps, duplicates or conflicts with other federal rules, and, to the extent feasible, with state and local governmental rules; and

    • the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. 5 U.S.C. 610(c).

    The Securities and Exchange Commission, as a matter of policy, reviews all final rules that it published for notice and comment to assess not only their continued compliance with the RFA, but also to assess generally their continued utility. When the Commission implemented the Act in 1981, it stated that it “intend[ed] to conduct a broader review [than that required by the RFA], with a view to identifying those rules in need of modification or even rescission.” Securities Act Release No. 6302 (Mar. 20, 1981), 46 FR 19251 (Mar. 30, 1981). The list below is therefore broader than that required by the RFA, and may include rules that do not have a significant economic impact on a substantial number of small entities. Where the Commission has previously made a determination of a rule's impact on small businesses, the determination is noted on the list.

    The Commission particularly solicits public comment on whether the rules listed below affect small businesses in new or different ways than when they were first adopted. The rules and forms listed below are scheduled for review by staff of the Commission.

    Title: Fund of Funds Investments.

    Citation: 17 CFR 270.12d1-1, 17 CFR 270.12d1-2, 17 CFR 270.12d1-3.

    Authority: 15 U.S.C. 77f, 77g(a), 77j, 77s(a), 80a-6(c), 80a-8(b), 80a-12(d)(1)(J), 80a-24(a), 80a-29, 80a-37(a).

    Description: The Commission adopted three new rules under the Investment Company Act of 1940 (“Investment Company Act”) that address the ability of an investment company (“fund”) to acquire shares of another fund. Section 12(d)(1) of the Investment Company Act prohibits, subject to certain exceptions, so-called “fund of funds” arrangements, in which one fund invests in the shares of another. The rules broadened the ability of a fund to invest in shares of another fund in a manner consistent with the public interest and the protection of investors. The Commission also adopted amendments to forms used by funds to register under the Investment Company Act and offer their shares under the Securities Act of 1933 (“Securities Act”). The amendments improved the transparency of the expenses of funds of funds by requiring that the expenses of the acquired funds be aggregated and shown as an additional expense in the fee table of the fund of funds.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IC-27399 (June 20, 2006). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IC-26198 (Oct. 1, 2003), but, as stated in the adopting release, received no comments on that analysis.

    Title: Joint Final Rules: Application of the Definition of Narrow-Based Security Index to Debt Securities Indexes and Security Futures on Debt Securities.

    Citation: 17 CFR 41.15, 17 CFR 41.21, 17 CFR 240.3a55-4, 17 CFR 240.6h-2.

    Authority: 7 U.S.C. 1a(25)(B)(vi) and 2(a)(1)(D); 15 U.S.C. 78c(a)(55)(C)(vi), 78c(b), 78f(h), 78w(a), 78mm.

    Description: The Commodity Futures Trading Commission (“CFTC”) and the Commission adopted a new rule and amended an existing rule under the Commodity Exchange Act and adopted two new rules under the Securities Exchange Act of 1934 (“Exchange Act”) that modified the applicable statutory listing standards requirements to permit security futures to be based on individual debt securities or a narrow-based security index composed of such securities. In addition, these rules and rule amendment exclude from the definition of “narrow-based security index” debt securities indexes that satisfy specified criteria. A future on a debt securities index excluded from the definition of narrow-based security index is not a security future and may trade subject to the exclusive jurisdiction of the CFTC.

    Prior RFA Analysis: Pursuant to Section 605(b) of the Regulatory Flexibility Act, the Commission certified that the rule would not have a significant economic impact on a substantial number of small entities. This certification was incorporated into the proposing release, Release No. 34-53560 (March 29, 2006). As stated in the adopting release, Release No. 34-54106 (July 6, 2006), the Commission received no comments concerning the impact on small entities or the Regulatory Flexibility Act certification.

    Title: Executive Compensation and Related Person Disclosure.

    Citation: 17 CFR 229.201, 17 CFR 229.306, 17 CFR 229.401, 17 CFR 229.402, 17 CFR 229.403, 17 CFR 229.404, 17 CFR 229.407, 17 CFR 229.601, 17 CFR 229.1107, 17 CFR 232.304, 17 CFR 240.13a-11, 17 CFR 240.13a-20, 17 CFR 240.14a-3, 17 CFR 240.14a-6, 17 CFR 240.14c-5, 17 CFR 240.15d-11, 17 CFR 240.16b-3, 17 CFR 240.14a-101, 240 CFR 15d-20, 17 CFR 245.100, 17 CFR 249.308, 17 CFR 249.210, 17 CFR 249.210b, 17 CFR 249.308a, 17 CFR 249.308b, 17 CFR 249.310, 17 CFR 249.310b, 17 CFR 249.220f, 17 CFR 239.11, 17 CFR 239.13, 17 CFR 239.25, 17 CFR 239.18, 17 CFR 239.15A, 17 CFR 274.11A, 17 CFR 239.14, 17 CFR 274.11a-1, 17 CFR 239.17a, 17 CFR 274.11b, 17 CFR 249.331, 17 CFR 274.128.

    Authority: 15 U.S.C. 77c, 77d, 77e, 77f, 77g, 77h, 77j, 77k, 77s, 77s(a), 77z-2, 77z-3, 77aa(25), 77aa(26), 77mm, 77ddd, 77eee, 77ggg, 77hhh, 77iii, 77jjj, 77nnn, 77sss, 77sss(a), 77ttt, 78a et seq., 78c, 78c(b), 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78o(d), 78p, 78q, 78s, 78u-5, 78w, 78w(a), 78x, 78ll, 78ll(d), 78mm, 79e, 79f, 79g, 79j, 79l, 79m, 79n, 79q, 79t, 79t(a), 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-20, 80a-23, 80a-24, 80a-26, 80a-29, 80a-30, 80a-31(c), 80a-37, 80a-38(a), 80a-39, 80b-3, 80b-4, 80b-11, 7201 et seq.; 18 U.S.C. 1350.

    Description: The Commission adopted amendments to the disclosure requirements for executive and director compensation, related person transactions, director independence and other corporate governance matters and security ownership of officers and directors. These amendments apply to disclosure in proxy and information statements, periodic reports, current reports, and other filings under the Exchange Act and to registration statements under the Exchange Act and the Securities Act. The Commission also adopted a requirement that disclosure under the amended items generally be provided in plain English. The amendments were intended to make proxy and information statements, reports, and registration statements easier to understand. They were also intended to provide investors with a clearer and more complete picture of the compensation earned by a company's principal executive officer, principal financial officer and highest paid executive officers and members of its board of directors. In addition, they were intended to provide better information about key financial relationships among companies and their executive officers, directors, significant shareholders, and their respective immediate family members.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 33-8732A (Aug. 29, 2006). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 33-8655 (Jan. 27, 2006).

    Title: Mutual Fund Redemption Fees.

    Citation: 17 CFR 270.22c-2.

    Authority: 15 U.S.C. 80a-6(c), 80a-22(c), 80a-37(a).

    Description: The Commission adopted amendments to a rule under the Investment Company Act. The rule, among other things, requires most open-end investment companies (“funds”) to enter into agreements with intermediaries, such as broker-dealers, that hold shares on behalf of other investors in so called “omnibus accounts.” These agreements must provide funds access to information about transactions in these accounts to enable the funds to enforce restrictions on market timing and similar abusive transactions. The Commission amended the rule to clarify the operation of the rule and reduce the number of intermediaries with which funds must negotiate shareholder information agreements.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IC-27504 (Sept. 27, 2006). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IC-27255 (Feb. 28, 2006).

    Title: Definition of Eligible Portfolio Company Under the Investment Company Act of 1940.

    Citation: 17 CFR 270.2a-46, 17 CFR 270.55a-1.

    Authority: 15 U.S.C. 80a-2(a)(46)(C)(iv), 80a-6(c), 80a-38(a).

    Description: The Commission adopted two new rules under the Investment Company Act. The new rules more closely aligned the definition of eligible portfolio company, and the investment activities of business development companies, with the purpose that Congress intended. The rules expanded the definition of eligible portfolio company in a manner that promotes the flow of capital to certain small, developing and financially troubled companies.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IC-27538 (Oct. 25, 2006). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IC-26647 (Nov. 1, 2004), but, as stated in the adopting release, received no comments that specifically addressed that analysis.

    Title: Electronic Filing of Transfer Agent Forms.

    Citation: 17 CFR 232.101, 17 CFR 232.104, 17 CFR 232.201, 17 CFR 240.17Ac2-1, 17 CFR 240.17Ac2-2, 17 CFR 240.17Ac3-1, 17 CFR 249b.100, 17 CFR 249b.101, 17 CFR 249b.102, 17 CFR 239.63, 17 CFR 249.446, 17 CFR 269.7, 17 CFR 274.402.

    Authority: 15 U.S.C. 77s(a), 15 U.S.C. 78m(a), 15 U.S.C. 78w(a), 15 U.S.C. 78ll, 15 U.S.C. 77sss, 15 U.S.C. 80a-29, 15 U.S.C. 80a-37, 15 U.S.C. 78q(a), 15 U.S.C. 78q-1(c).

    Description: The Commission adopted amendments to the rules and forms to require that the forms filed with respect to transfer agent registration, annual reporting, and withdrawal from registration be filed with the Commission electronically. The forms are required to be filed on the Commission's EDGAR database in XML format and are accessible to Commission staff and the public for search and retrieval. The purpose of the amendments was to improve the Commission's ability to utilize the information reported on the forms in performing its oversight function of transfer agent operations and to publicly disseminate the information on the forms.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. No. 34-54864 (Dec. 4, 2006). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-54356 (Aug. 24, 2006).

    Title: Internet Availability of Proxy Materials.

    Citation: 17 CFR 240.14a-2, 17 CFR 240.14a-3, 17 CFR 240.14a-4, 17 CFR 240.14a-7, 17 CFR 240.14a-8, 17 CFR 240.14a-12, 17 CFR 240.14a-13, 17 CFR 240.14b-1, 17 CFR 240.14b-2, 17 CFR 240.14c-2, 17 CFR 240.14c-3, 17 CFR 240.14c-5, 17 CFR 240.14c-7, 17 CFR 240.14a-101, 17 CFR 240.14c-101, 17 CFR 249.310, 17 CFR 249.308a, 17 CFR 249.330 and 274.101, 17 CFR 240.14a-16.

    Authority: 15 U.S.C. 77c, 77d, 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c(b), 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78o(d),78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-8, 80a-20, 80a-23, 80a-24, 80a-26, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7202, 7233,7241, 7262, 7264 and 7265.; and 18 U.S.C. 1350.

    Description: The Commission adopted amendments to the proxy rules under the Exchange Act that provide an alternative method for issuers and other persons to furnish proxy materials to shareholders by posting them on an internet website and providing shareholders with notice of the availability of the proxy materials. Issuers must make copies of the proxy materials available to shareholders on request, at no charge to shareholders. The amendments put into place processes that will provide shareholders with notice of, and access to, proxy materials while taking advantage of technological developments and the growth of the internet and electronic communications. Issuers that rely on the amendments may be able to significantly lower the costs of their proxy solicitations that ultimately are borne by shareholders. The amendments also might reduce the costs of engaging in a proxy contest for soliciting persons other than the issuer. The amendments do not apply to business combination transactions, and also do not affect the availability of any existing method of furnishing proxy materials.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 34-55146 (Jan. 29, 2007). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-52926 (Dec. 8 2005).

    Title: Covered Securities Pursuant to Section 18 of the Securities Act of 1933.

    Citation: 17 CFR 230.146(b).

    Authority: 15 U.S.C. 77b, 77c, 77d, 77f, 77g, 77h, 77j, 77r, 77s, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78t, 78w, 78ll(d), 78mm, 80a-8, 80a-24, 80a-28, 80a29, 80a-30, and 80a-37.

    Description: The Commission adopted an amendment to Rule 146 under Section 18 of the Securities Act to designate certain securities listed, or authorized for listing, on the Nasdaq Capital Market tier of The NASDAQ Stock Market LLC as covered securities for purposes of Section 18(b) of the Securities Act. Covered securities under Section 18(b) of the Securities Act are exempt from state law registration requirements. The Commission also amended Rule 146 to correct the rule text to conform it to the language of Section 18 of the Securities Act.

    Prior RFA Analysis: Pursuant to Section 605(b) of the Regulatory Flexibility Act, the Commission certified that the rule would not have a significant economic impact on a substantial number of small entities. This certification was incorporated into the proposing release, Release No. 33-8754 (Nov. 22, 2006). As stated in the adopting release, Release No. 33-8791 (Apr. 18, 2007), the Commission received no comments concerning the impact on small entities or the Regulatory Flexibility Act certification.

    Title: Oversight of Credit Rating Agencies Registered as Nationally Recognized Statistical Rating Organizations.

    Citation: 17 CFR 240.17g-1, 17 CFR 240.17g-2, 17 CFR 240.17g-3, 17 CFR 240.17g-4, 17 CFR 240.17g-5, 17 CFR 240.17g-6, and 17 CFR 249b.300.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-l, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted rules to implement provisions of the Credit Rating Agency Reform Act of 2006 (the “Rating Agency Act”), enacted on September 29, 2006. The Rating Agency Act defines the term “nationally recognized statistical rating organization,” provides authority for the Commission to implement registration, recordkeeping, financial reporting, and oversight rules with respect to registered credit rating agencies, and directs the Commission to issue final implementing rules.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-55857 (Jun. 5, 2007). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-55231 (Feb. 2, 2007), but, as stated in the adopting release, received no comments on that analysis.

    Title: Regulation SHO and Rule 10a-1.

    Citation: 17 CFR 240.10a-1; 17 CFR 242.200; 17 CFR 242.201.

    Authority: 15 U.S.C. 78b, 78c(b), 78f, 78i(a), 78j(a), 78k-1, 78o, 78o-3, 78q, 78q-1, 78w(a).

    Description: The Commission adopted amendments to the short sale price test under the Exchange Act. The amendments are intended to provide a more consistent regulatory environment for short selling by removing restrictions on the execution prices of short sales, as well as prohibiting any self-regulatory organization from having a price test. In addition, the Commission adopted amendments to Regulation SHO to remove the requirement that a broker-dealer mark a sell order of an equity security as “short exempt,” if the seller is relying on an exception from a price test.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-55970 (Jun. 28, 2007). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-54891 (Dec. 7, 2006).

    Title: Shareholder Choice Regarding Proxy Materials.

    Citation: 17 CFR 240.14a-3, 17 CFR 240.14a-7, 17 CFR 240.14a-16, 17 CFR 240.14a-101, 17 CFR 240.14b-1, 17 CFR 240.14b-2, 17 CFR 240.14c-2, and 17 CFR 240.14c-3.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted amendments to the proxy rules under the Exchange Act to provide shareholders with the ability to choose the means by which they access proxy materials. Under the amendments, issuers and other soliciting persons are required to post their proxy materials on an internet website and provide shareholders with a notice of the internet availability of the materials. The issuer or other soliciting person may choose to furnish paper copies of the proxy materials along with the notice. If the issuer or other soliciting person chooses not to furnish a paper copy of the proxy materials along with the notice, a shareholder may request delivery of a copy at no charge to the shareholder.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 34-56135 (Jul. 26, 2007). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-55147 (Jan. 22, 2007).

    Title: Prohibition of Fraud by Advisers to Certain Pooled Investment Vehicles.

    Citation: 17 CFR 275.206(4)-8.

    Authority: 15 U.S.C. 80b-6(4) and 80b-11(a).

    Description: The Commission adopted a new rule that prohibits advisers to pooled investment vehicles from making false or misleading statements to, or otherwise defrauding, investors or prospective investors in those pooled vehicles. This rule was designed to clarify, in light of a court opinion prior to the rule adoption, the Commission's ability to bring enforcement actions under the Investment Advisers Act of 1940 against investment advisers who defraud investors or prospective investors in a hedge fund or other pooled investment vehicle.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IA-2628 (Aug. 3, 2007). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IA-2576 (Dec. 27, 2006), but, as stated in the adopting release, received no comments on that analysis.

    Title: Short Selling in Connection with a Public Offering.

    Citation: 17 CFR 242.105.

    Authority: 15 U.S.C. 77g, 77q(a), 77s, 77s(a), 78b, 78c, 78g, 78i(a), 78j, 78k-1(c), 781, 78m, 78n, 78o(b), 78o(c), 78o(g), 78q(a), 78q(b), 78q(h), 78w(a), 78dd-1, 78mm, 80a-23, 80a-29, 80a-37.

    Description: A fundamental goal of Regulation M, Anti-Manipulation Rules Concerning Securities Offerings, is protecting the independent pricing mechanism of the securities market so that offering prices result from the natural forces of supply and demand unencumbered by artificial forces. Rule 105 of Regulation M governs short selling in connection with public offerings and concerns short sales that are effected prior to pricing an offering. The rule is particularly concerned with short selling that can artificially depress market prices which can lead to lower than anticipated offering prices, thus causing an issuer's offering proceeds to be reduced. The rule is intended to foster secondary and follow-on offering prices that are determined by independent market dynamics and not by potentially manipulative activity. Prior to the amendments, there had been non-compliance with the then-current version of Rule 105 and persons engaged in strategies to hide their non-compliance. The Commission observed that these strategies evolved over time, so it adopted the amendments to forestall the continuation of these obfuscating transactions and to cut-off the likely future development of more complex attempts to disguise violations of the Rule. The amendments enhance market integrity by prohibiting conduct that can be manipulative around the time an offering is priced so that market prices can be fairly determined by an independent market. The Commission believes the amendments safeguard the integrity of the capital raising process and protect issuers from potentially manipulative activity that can reduce offering proceeds. The amendments are expected to promote investor confidence in the market which should foster capital formation.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-56206 (Aug. 6, 2007). In the adopting release, the Commission considered the comment received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-58888 (Dec. 6, 2006).

    Title: Amendments to Regulation SHO.

    Citation: 17 CFR 242.200; 17 CFR 242.203.

    Authority: 15 U.S.C. 78b, 78c(b), 78i(h), 78j, 78k-1, 78o, 78q(a), 78q-1, 78w(a).

    Description: The Commission adopted amendments to Regulation SHO under the Exchange Act. The amendments were intended to further reduce the number of persistent fails to deliver in certain equity securities by eliminating the grandfather provision of Regulation SHO. In addition, the Commission amended the close-out requirement of Regulation SHO for certain securities that a seller is “deemed to own.” The amendments also updated the market decline limitation referenced in Regulation SHO.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-56212 (Aug. 7, 2007). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-54154 (Jul. 14, 2006).

    Title: Definitions of Terms and Exemptions Relating to the “Broker” Exceptions for Banks.

    Citation: 17 CFR 247.700, 247.701, 247.721, 247.722, 247.723, 247.740, 247.741, 247.760, 247.771, 247.772, 247.775, 247.776, 247.780, and 247.781.

    Authority: Pub. L. 109-351, 120 Stat. 1966 (2006); Pub. L. 106-102, 113 Stat. 1338 (1999); 15 U.S.C. 78c(a)(4), 78c(b), 78o, 78q, 78w(a), and 78mm.

    Description: Pursuant to the Financial Services Regulatory Relief Act of 2006 (“Regulatory Relief Act”), the Board of Governors of the Federal Reserve System (“Board”) and the Commission jointly adopted Regulation R to implement certain of the exceptions for banks from the definition of the term “broker” under Section 3(a)(4) of the Exchange Act, as amended by the Gramm-Leach-Bliley Act (“GLBA”). The rules in Regulation R define terms used in these statutory exceptions and include certain related exemptions. Regulation R applies to any “bank” as defined in Section 3(a)(6) of the Exchange Act, as amended by Section 401 of the Regulatory Relief Act to include any Federal savings association or other savings association the deposits of which are insured by the Federal Deposit Insurance Corporation.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Board and the Commission's adoption of Regulation R in Release No. 34-56501 (Sept. 24, 2007). In the adopting release, the Board and the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-54946 (Dec. 8, 2006).

    Title: Exemptions for Banks Under Section 3(a)(5) of the Securities Exchange Act of 1934 and Related Rules.

    Citation: 17 CFR 240.3a5-2, 240.3a5-3, and 240.15a-6.

    Authority: 15 U.S.C. 78c(a)(4), 78c(b), 78o, 78q, 78w(a), and 78mm.

    Description: The Commission adopted the rules and rule amendments to provide a conditional exemption allowing banks to effect riskless principal transactions with non-U.S. persons pursuant to Regulation S under the Securities Act, to amend and re-designate an exemption from the definition of “dealer” for banks' securities lending activities as a conduit lender, and to conform a rule that grants a limited exemption from U.S. broker-dealer registration for foreign broker-dealers to the definitions of “broker” and “dealer” in the Exchange Act, as amended by the Gramm-Leach-Bliley Act. The exemptions for banks provided by the rules and rule amendments apply to any “bank” as defined in Section 3(a)(6) of the Exchange Act, as amended by Section 401 of the Financial Services Regulatory Relief Act of 2006 to include any Federal savings association or other savings association the deposits of which are insured by the Federal Deposit Insurance Corporation.

    Prior RFA Analysis: Pursuant to Section 605(b) of the Regulatory Flexibility Act, the Commission certified that the rule would not have a significant economic impact on a substantial number of small entities. This certification was incorporated into the proposing release, Release No. 34-54947 (Dec. 18, 2006). As stated in the adopting release, Release No. 34-56502 (Sept. 24, 2007), the Commission received no comments concerning the impact on small entities or the Regulatory Flexibility Act certification.

    Title: Exemption of Compensatory Employee Stock Options From Registration Under 12(g) of the Securities Exchange Act of 1934.

    Citation: 17 CFR 240.12h-1.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted two exemptions from the registration requirements of the Exchange Act for compensatory employee stock options. The first exemption is available to issuers that are not required to file periodic reports under the Exchange Act. The second exemption is available to issuers that are required to file those reports because they have registered under Exchange Act Section 12 a class of security or are required to file reports pursuant to Exchange Act Section 15(d). The exemptions apply only to the issuer's compensatory employee stock options and do not extend to the class of securities underlying those options.

    Prior RFA Analysis: Pursuant to Section 605(b) of the Regulatory Flexibility Act, the Commission certified that the two exemptions from the registration provisions of Exchange Act Section 12(g) for compensatory employee stock options would not have a significant economic impact on a substantial number of small entities. The certification was incorporated into the proposing release, Release No. 34-56010 (Jul. 10, 2007). As stated in the adopting release, Release No. 34-56887 (Dec. 7, 2007), the Commission received no comments concerning the impact on small entities or the Regulatory Flexibility Act certification.

    Title: Revisions to Rules 144 and 145.

    Citation: 17 CFR 230.144, 17 CFR 230.145, 17 CFR 230.190, 17 CFR 230.701, 17 CFR 230.903, 17 CFR 239.144.

    Authority: 15 U.S.C. 77b, 77c, 77d, 77f, 77g, 77h, 77j, 77r, 77s, 77z-2, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78o(d), 78t, 78u-5, 78w, 78w(a), 78ll, 78ll(d), 78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-28, 80a-29, 80a-30, and 80a-37.

    Description: Rule 144 under the Securities Act creates a safe harbor for the sale of securities under the exemption set forth in Section 4(1) of the Securities Act. The Commission amended Rule 144 to shorten the holding period requirement for “restricted securities” of issuers that are subject to the reporting requirements of the Exchange Act to six months. Restricted securities of issuers that are not subject to the Exchange Act reporting requirements continue to be subject to a one-year holding period prior to any public resale. The amendments also substantially reduced the restrictions applicable to the resale of securities by non-affiliates. In addition, the amendments simplified the Preliminary Note to Rule 144, amended the manner of sale requirements and eliminated them with respect to debt securities, amended the volume limitations for debt securities, increased the Form 144 filing thresholds, and codified several staff interpretive positions that relate to Rule 144. The Commission also amended Securities Act Rule 145 to eliminate the presumptive underwriter provision, except for transactions involving a shell company, and amended the resale requirements in Rule 145(d).

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 33-8869 (Dec. 17, 2007). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 33-8813 (Jun. 22, 2007).

    Title: Shareholder Proposals Relating to the Election of Directors.

    Citation: 17 CFR 240.14a-8(i)(8).

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted amendments to Rule 14a-8 under the Exchange Act to codify the meaning of Rule 14a-8(i)(8). Rule 14a-8 provides shareholders with an opportunity to place certain proposals in a company's proxy materials for a vote at an annual or special meeting of shareholders. Subsection (i)(8) of the Rule permits exclusion of certain shareholder proposals related to the election of directors. The Commission adopted an amendment to Rule 14a-8(i)(8) to provide certainty regarding the meaning of this provision in response to a recent court decision.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 34-56914 (Dec. 11, 2007). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-56161 (Jul. 27, 2007).

    Title: Revisions to the Eligibility Requirements for Primary Securities Offerings on Forms S-3 and F-3.

    Citation: 17 CFR 239.13, 17 CFR 239.33, 17 CFR 230.401(g).

    Authority: 15 U.S.C. 77b, 77c, 77d, 77f, 77g, 77h, 77j, 77r, 77s, 77z-2, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78o(d), 78t, 78u-5, 78w, 78w(a), 78ll, 78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-28, 80a-29, 80a-30, and 80a-37.

    Description: The Commission adopted amendments to the eligibility requirements of Form S-3 and Form F-3 to allow certain domestic and foreign private issuers to conduct primary securities offerings on these forms without regard to the size of their public float or the rating of debt they are offering, so long as they satisfy the other eligibility conditions of the respective form, have a class of common equity securities listed and registered on a national securities exchange, and the issuers do not sell more than the equivalent of one-third of their public float in primary offerings over any period of 12 calendar months. The amendments were intended to allow more companies to benefit from the greater flexibility and efficiency in accessing the public securities markets afforded by Form S-3 and Form F-3 without compromising investor protection. The expanded form eligibility does not extend to shell companies, however, which are prohibited from using the new provisions until 12 calendar months after they cease being shell companies. In addition, the Commission adopted an amendment to the rules and regulations promulgated under the Securities Act to clarify that violations of the one-third restriction will also violate the requirements as to proper registration form, even though the registration statement has been declared effective previously.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 33-8878 (Dec. 27, 2007). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis including in the proposing release, Release No. 33-8812 (Jun. 20, 2007).

    Title: Electronic Shareholder Forums.

    Citation: 17 CFR 240.14a-2 and 17 CFR 240.14a-17.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted amendments to the proxy rules under the Exchange Act to facilitate electronic shareholder forums. The amendments clarified that participation in an electronic shareholder forum that could potentially constitute a solicitation subject to the proxy rules is exempt from most of the proxy rules if all of the conditions to the exemption are satisfied. In addition, the amendments stated that a shareholder, company, or third party acting on behalf of a shareholder or company that establishes, maintains, or operates an electronic shareholder forum is not liable under the federal securities laws for any statement or information provided by another person participating in the forum.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 34-57172 (Jan. 18, 2008). The Commission requested comment on the Initial Regulatory Flexibility Analysis prepared in the proposing release, Release No. 34-56160 (Jul. 27, 2007). As stated in the adopting release, although commenters addressed several aspects of the proposed amendments that potentially could have affected small entities, no commenter specifically discussed the effect of the proposed amendments regarding electronic shareholder forums on small businesses or entities.

    Title: Electronic Filing and Revision of Form D.

    Citation: 17 CFR 230.502, 17 CFR 230.503, 17 CFR 232.100, 17 CFR 232.101, 17 CFR 232.104, 17 CFR 232.201, 17 CFR 232.202, and 17 CFR 239.500.

    Authority: 15 U.S.C. 77b, 77c, 77d, 77f, 77g, 77h, 77j, 77r, 77s, 77s(a), 77z-2, 77z-3, 77sss, 77sss(a), 78c, 78c(b), 78d, 78j, 78l, 78m, 78n, 78o, 78o(d), 78t, 78u-5, 78w, 78w(a), 78ll, 78ll(d), 78mm, 80a-2(a), 80a-3, 80a-6(c), 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-28, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted amendments mandating the electronic filing of information required by Securities Act Form D through the internet. The Commission also adopted revisions to Form D and to Regulation D in connection with the electronic filing requirement. The revisions simplified and restructured Form D and updated and revised its information requirements.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 33-8891 (Feb. 6, 2008). The Commission requested comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 33-8814 (Jun. 29, 2007), but, as stated in the adopting release, no commenter responded to the request.

    Title: Proposed Rule Changes of Self-Regulatory Organizations.

    Citation: 17 CFR part 240.19b-4, 17 CFR part 240.19b-7, and 17 CFR part 249.822.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78a et seq., 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a- 20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq. and 18 U.S.C. 1350.

    Description: The Commission adopted rule amendments to require Self-Regulatory Organizations (“SROs”) that submit proposed rule changes pursuant to Section 19(b)(7)(A) of the Exchange Act to file these rule changes electronically. In addition, the Commission adopted rule amendments to require SROs to post all such proposed rule changes on their websites. Together, the amendments are designed to expand the electronic filing by SROs of proposed rule changes, making it more efficient and cost effective, and to harmonize the process of filings made under Section 19(b)(7)(A) with that for filings made by SROs under Section 19(b)(1) of the Act.

    Prior RFA Analysis: Pursuant to Section 605(b) of the Regulatory Flexibility Act, the Commission certified that the rule would not have a significant economic impact on a substantial number of small entities. This certification was incorporated into the proposing release, Release No. 34-55341 (Feb. 23, 2007). As stated in the adopting release, Release No. 34-57526 (Mar. 19, 2008), the Commission received no comments concerning the impact on small entities or the Regulatory Flexibility Act certification.

    Title: Disclosure of Divestment by Registered Investment Companies in Accordance With Sudan Accountability and Divestment Act of 2007.

    Citation: 17 CFR 294.331, 17 CFR 274.128, 17 CFR 294.330, and 17 CFR 274.101.

    Authority: 15 U.S.C. 78j(b), 78m, 78o(d), 78w(a), 78mm, 80a-8, 80a-13(c), 80a-24(a), 80a-29, and 80a-37.

    Description: The Commission adopted amendments to its forms under the Exchange Act and the Investment Company Act that required disclosure by a registered investment company that divests, in accordance with the Sudan Accountability and Divestment Act of 2007, from securities of issuers that the investment company determines, using credible information that is available to the public, conduct or have direct investments in certain business operations in Sudan. The Sudan Accountability and Divestment Act limits civil, criminal, and administrative actions that may be brought against a registered investment company that divests itself from such securities, provided that the investment company makes disclosures in accordance with regulations prescribed by the Commission.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IC-28254 (Apr. 24, 2008). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IC-28148 (Feb. 11, 2008), but, as stated in the adopting release, received no comments on that analysis.

    Title: Definition of Eligible Portfolio Company under the Investment Company Act of 1940.

    Citation: 17 CFR 270.2a-46.

    Authority: 15 U.S.C. 80a-1 et seq., 80a-34(d), 80a-37, and 80a-39.

    Description: The Commission adopted an amendment to a rule under the Investment Company Act to more closely align the definition of eligible portfolio company, and the investment activities of business development companies (“BDCs”), with the purpose that Congress intended. The amendment expanded the definition of eligible portfolio company to include certain companies that list their securities on a national securities exchange.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IC-28266 (May 15, 2008). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IC-27539 (Oct. 25, 2006), but, as stated in the adopting release, received no comments on that analysis.

    Title: Commission Guidance and Revisions to the Cross-Border Tender Offer, Exchange Offer, Rights Offerings, and Business Combination Rules and Beneficial Ownership Reporting Rules for Certain Foreign Institutions.

    Citation: 17 CFR 230.162, 17 CFR 230.800, 17 CFR 230.802, 17 CFR 232.101, 17 CFR 239.25, 17 CFR 239.34, 17 CFR 239.42, 17 CFR 239.800, 17 CFR 240.13d-1, 17 CFR 240.13d-102, 17 CFR 240.13e-3, 17 CFR 240.13e-4, 17 CFR 240.14d-1, 17 CFR 240.14d-11, 17 CFR 240.14d-100, 17 CFR 240.14e-5, 17 CFR 240.16a-1, and 17 CFR 249.480.

    Authority: 15 U.S.C. 77b, 77c, 77d, 77f, 77g, 77h, 77j, 77r, 77s, 77s(a), 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77sss(a), 77ttt, 78c, 78c(b), 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78o(d), 78p, 78q, 78s, 78t, 78u-5, 78w, 78w(a), 78x, 78ll, 78ll(d), 78mm, 80a-2(a), 80a-3, 80a-6(c), 80a-8, 80a-9, 80a-10, 80a-13, 80a-20, 80a-23, 80a-24, 80a-26, 80a-28, 80a-29, 80a-30, 80a-37, 80b-3, 80b-4, 80b-11, 7201 et seq., 7202, 7233, 7241, 7262, 7264, and 7265; and 18 U.S.C. 1350.

    Description: The Commission adopted changes to expand and enhance the utility of the cross-border exemptions for business combination transactions and rights offerings and to encourage offerors and issuers to permit U.S. security holders to participate in these transactions on the same terms as other target security holders. The Commission also set forth interpretive guidance on several topics. In two instances, the Commission extended the rule changes adopted in this release to apply to acquisitions of U.S. companies. The Commission also adopted changes to allow certain foreign institutions to file on Schedule 13G to the same extent as would be permitted for their U.S. counterparts, where specified conditions are satisfied. The Commission also adopted a conforming change to Rule 16a-1(a)(1) to include the foreign institutions eligible to file on Schedule 13G.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 33-8957 (Sept. 19, 2008). The Commission requested comment on the Initial Regulatory Flexibility Analysis (“IFRA”) included in the proposing release, Release No. 33-8917 (May 6, 2008), but, as stated in the adopting release, the Commission did not receive any public comments that responded directly to the IRFA or that dealt directly with the proposal's impact on small entities.

    Title: “Naked” Short Selling Antifraud Rule.

    Citation: 17 CFR 240.10b-21.

    Authority: 15 U.S.C. 78b, 78c(b), 78f, 78i(h), 78j, 78k-1, 78o, 78o-3, 78q, 78q-1, 78s and 78w(a).

    Description: The Commission adopted an antifraud rule under the Exchange Act to address fails to deliver securities that have been associated with “naked” short selling. The rule is intended to further evidence the liability of short sellers, including broker-dealers acting for their own accounts, who deceive specified persons about their intention or ability to deliver securities in time for settlement (including persons that deceive their broker-dealer about their locate source or ownership of shares) and that fail to deliver securities by settlement date.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-58774 (Oct. 14, 2008). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-57511 (Mar. 17, 2008).

    Title: Amendments to Regulation SHO.

    Citation: 17 CFR 242.203.

    Authority: 15 U.S.C. 78b, 78c(b), 78i(h), 78j, 78k-1, 78o, 78q(a), 78q-1, 78w(a).

    Description: The Commission adopted amendments to Regulation SHO under the Exchange Act. The amendments were intended to further reduce the number of persistent fails to deliver in certain equity securities by eliminating the options market maker exception to the close-out requirement of Regulation SHO. As a result of the amendments, fails to deliver in threshold securities that result from hedging activities by options market makers are no longer be excepted from Regulation SHO's close-out requirement. The Commission also provided guidance regarding bona fide market making activities for purposes of the market maker exception to Regulation SHO's locate requirement.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-58775 (Oct. 14, 2008). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the re-proposing release, Release No. 34-56213 (Aug. 7, 2007).

    Title: Mandatory Electronic Submission of Applications for Orders under the Investment Company Act and Filings Made Pursuant to Regulation E.

    Citation: 17 CFR 232.101, 17 CFR 232.201, and 17 CFR 270.0-2.

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 78c, 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-8, 80a-29, 80a-30, and 80a-37.

    Description: The Commission adopted several amendments to rules regarding the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system. Specifically, the Commission amended rules to make mandatory the electronic submission on EDGAR of applications for orders under any section of the Investment Company Act as well as Regulation E filings of small business investment companies and business development companies. The Commission also amended the electronic filing rules to make the temporary hardship exemption unavailable for submission of applications under the Investment Company Act. Finally, the Commission amended Rule 0-2 under the Investment Company Act, eliminating the requirement that certain documents accompanying an application be notarized and the requirement that applicants submit a draft notice as an exhibit to an application.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IC-28476 (Oct. 29, 2008). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IC-28042 (Nov. 1, 2007), but, as stated in the adopting release, received no comments on that analysis.

    Title: Amendment to Municipal Securities Disclosure.

    Citation: 17 CFR 240.15c2-12.

    Authority: 15 U.S.C. 78b, 78c(b), 78j, 78o(c), 78o-4, and 78w(a)(1).

    Description: The Commission adopted amendments to Rule 15c2-12 under the Exchange Act relating to municipal securities disclosure. The amendments change certain requirements regarding the information that the broker, dealer, or municipal securities dealer acting as an underwriter in a primary offering of municipal securities must reasonably determine that an issuer of municipal securities or an obligated person has undertaken, in a written agreement or contract for the benefit of holders of the issuer's municipal securities, to provide. Specifically, the amendments require the broker, dealer, or municipal securities dealer to reasonably determine that the issuer or obligated person has agreed to provide the information covered by the written agreement to the Municipal Securities Rulemaking Board (“MSRB”), instead of to multiple nationally recognized municipal securities information repositories and state information depositories; and to provide such information in an electronic format and accompanied by identifying information as prescribed by the MSRB.

    Prior RFA Analysis: Pursuant to Section 605(b) of the Regulatory Flexibility Act, the Commission certified that the rule would not have a significant economic impact on a substantial number of small entities. This certification was incorporated into the proposing release, Release No. 34-58255 (August 7, 2008). As stated in the adopting release, Release No. 34-59062 (December 15, 2008), the Commission received no comments concerning the impact on small entities or the Regulatory Flexibility Act certification.

    Title: Modernization of Oil and Gas Reporting.

    Citation: 17 CFR 210.4-10, 17 CFR 229.102, 17 CFR 229.801, 17 CFR 229.802, 17 CFR 229.1201, 17 CFR 229.1202, 17 CFR 229.1203, 17 CFR 229.1204, 17 CFR 229.1205, 17 CFR 229.1206, 17 CFR 229.1207, 17 CFR 229.1208, and 17 CFR 249.220f.

    Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, 77k, 77s, 77z-2, 77z-3, 77aa(25), 77aa(26), 77ddd, 77eee, 77ggg, 77hhh, 77iii, 77jjj, 77nnn, 77sss, 78a et seq., 78c, 78i, 78j, 78j-1, 78l, 78m, 78n, 78o, 78o(d), 78q, 78u-5, 78w, 78w(a), 78ll, 78mm, 80a-8, 80a-9, 80a-20, 80a-29, 80a-30, 80a-31, 80a-31(c), 80a-37, 80a-37(a), 80a-38(a), 80a-39, 80b-3, 80b-11, 7201 et seq., 7202, and 7262; and 18 U.S.C. 1350.

    Description: The Commission adopted revisions to its oil and gas reporting disclosures in Regulation S-K and Regulation S-X under the Securities Act and the Exchange Act, as well as Industry Guide 2. The revisions were intended to provide investors with a more meaningful and comprehensive understanding of oil and gas reserves to help them evaluate the relative value of oil and gas companies. The amendments were designed to modernize and update the oil and gas disclosure requirements to align them with current practices and changes in technology. The amendments concurrently aligned the full cost accounting rules with the revised disclosures. The amendments also codified and revised Industry Guide 2 in Regulation S-K. In addition, they harmonized oil and gas disclosures by foreign private issuers with the disclosures for domestic issuers.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 33-8995 (Dec. 31, 2008). The Commission requested comment on the Initial Regulatory Flexibility Analysis (“IFRA”) prepared in the proposing release, Release No. 33-8935 (Jun. 27, 2008), but, as stated in the adopting release, did not receive comments specifically addressing the impact of the proposed rules and amendments on small entities. However, several comments related to burdens that would be placed on all companies affected by the proposals and the Commission considered those comments.

    Title: Indexed Annuities and Certain Other Insurance Contracts.

    Citation: 17 CFR 240.12h-7.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq., and 18 U.S.C. 1350.

    Description: The Commission adopted a new rule that exempts insurance companies from filing reports under the Exchange Act with respect to indexed annuities and other securities that are registered under the Securities Act, provided that certain conditions are satisfied, including that the securities are regulated under state insurance law, the issuing insurance company and its financial condition are subject to supervision and examination by a state insurance regulator, and the securities are not publicly traded.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-59221 (Jan. 8, 2009). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-58022 (June 25, 2008).

    Title: Enhanced Disclosure and New Prospectus Delivery Option for Registered Open-End Management Investment Companies.

    Citation: 17 CFR 230.159A, 17 CFR 230.482, 17 CFR 230.485, 17 CFR 230.497, 17 CFR 230.498, 17 CFR 232.304, 17 CFR 232.401, 17 CFR 232.10 et seq., 17 CFR 239.15A and 274.11A, 17 CFR 239.17b and 274.11c, and 17 CFR 239.23.

    Authority: 15 U.S.C. 77e, 77f, 77g, 77j, 77s, 77s(a), 77z-3, 80a-8, 80a-24(a), 80a-24(g), 80a-29, and 80a-37.

    Description: The Commission adopted amendments to the form used by mutual funds to register under the Investment Company Act and to offer their securities under the Securities Act in order to enhance the disclosures that are provided to mutual fund investors. The amendments require key information to appear in plain English in a standardized order at the front of the mutual fund statutory prospectus. The Commission also adopted rule amendments that permit a person to satisfy its mutual fund prospectus delivery obligations under Section 5(b)(2) of the Securities Act by sending or giving the key information directly to investors in the form of a summary prospectus and providing the statutory prospectus on an internet website. Upon an investor's request, mutual funds are also required to send the statutory prospectus to the investor. These amendments were intended to improve mutual fund disclosure by providing investors with key information in plain English in a clear and concise format, while enhancing the means of delivering more detailed information to investors. Finally, the Commission adopted additional amendments that were intended to result in the disclosure of more useful information to investors who purchase shares of exchange-traded funds on national securities exchanges.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IC-28584 (Jan. 13, 2009). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IC-28064 (Nov. 21, 2007), but, as stated in the adopting release, received no comments on that analysis.

    Title: Interactive Data to Improve Financial Reporting.

    Citation: 17 CFR 229.601, 17 CFR 232.11, 17 CFR 232.201, 17 CFR 232.202, 17 CFR 232.305, 17 CFR 232.401, 17 CFR 232.402, 17 CFR 230.144, 17 CFR 240.12b-25, 17 CFR 240.13a-14, 17 CFR 240.15d-14, 17 CFR 239.13, 17 CFR 239.16b, 17 CFR 239.33, 17 CFR 239.39, 17 CFR 239.40, 17 CFR 249.308a, 17 CFR 249.310, 17 CFR 249.322, 17 CFR 249.220f, 17 CFR 249.240f, 17 CFR 249.306, 17 CFR 232.405, 17 CFR 232.406T.

    Authority: 15 U.S.C. 77b, 77c, 77d, 77e, 77f, 77g, 77h, 77j, 77k, 77r, 77s, 77s(a), 77z-2, 77z-3, 77aa(25), 77aa(26), 77ddd, 77eee, 77ggg, 77hhh, 77iii, 77jjj, 77nnn, 77sss, 77sss(a), 77ttt, 78(a) et seq., 78c, 78c(b), 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78o(d), 78p, 78q, 78s, 78t, 78u-5, 78w, 78w(a), 78x, 78ll, 78ll(d), 78mm, 80a-2(a), 80a-3, 80a-6(c), 80a-8, 80a-9, 80a-10, 80a-13, 80a-20, 80a-23, 80a-24, 80a-26, 80a-28, 80a-29, 80a-30, 80a-31(c), 80a-37, 80a-38(a), 80a-39, 80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted rules requiring companies that prepare their financial statements in accordance with U.S. generally accepted accounting principles (U.S. GAAP), and foreign private issuers that prepare their financial statements using International Financial Reporting Standards as issued by the International Accounting Standards Board, to provide their financial statement information in interactive data format using the eXtensible Business Reporting Language. The interactive data is provided as an exhibit to periodic and current reports and registration statements, as well as to transition reports for a change in fiscal year. The format is intended to make financial information easier for investors to analyze, and also to help in automating regulatory filings and business information processing.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 33-9002 (Jan. 30, 2009). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Act Analysis included in the proposing release, Release No. 33-8924 (May 30, 2008).

    Title: Amendments to Rules for Nationally Recognized Statistical Rating Organizations.

    Citation: 17 CFR 240.17g-2, 17 CFR 240.17g-3, 17 CRF 240.17g-5, and 17 CFR 249b.300.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350; and 15 U.S.C. 78a et seq.

    Description: The Commission adopted amendments to certain rules and to a form applicable to nationally recognized statistical rating organizations (“NRSROs”). The amendments established additional recordkeeping and disclosure requirements for NRSROs, required NRSROs to furnish the Commission with an additional annual report, prohibited NRSROs from issuing or maintaining credit ratings subject to certain conflicts of interest, and required NRSROs to disclose additional information regarding the performance data for credit ratings and the procedures and methodologies used to determine credit ratings.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-59342 (Feb. 2, 2009). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-57967 (June 16, 2008), but, as stated in the adopting release, received no comments on that analysis.

    Title: Interactive Data for Mutual Fund Risk/Return Summary.

    Citation: 17 CFR 230.485, 17 CFR 230.497, 17 CFR 232.11, 17 CFR 232.202, 17 CFR 232.401, 17 CFR 232.405, 17 CFR 232.10 et seq., 17 CFR 239.15A, and 17 CFR 232.274.11A.

    Authority: 15 U.S.C. 77e, 77f, 77g, 77j, 77s(a), 77z3, 78c, 78l, 78m, 78n, 77nnn, 77sss, 78o(d), 78w(a), 78ll, 78mm, 80a-6(c), 80a-8, 80a-24, 80a-29, and 80a-37.

    Description: The Commission adopted rule amendments requiring mutual funds to provide risk/return summary information in a form that is intended to improve its usefulness to investors. Under the rules, risk/return summary information could be downloaded directly into spreadsheets, analyzed in a variety of ways using commercial off-the-shelf software, and used within investment models in other software formats. Mutual funds provide the risk/return summary section of their prospectuses to the Commission and on their websites in interactive data format using the eXtensible Business Reporting Language (“XBRL”). The interactive data is provided as exhibits to registration statements and as exhibits to prospectuses with risk/return summary information that varies from the registration statement. The rules were intended not only to make risk/return summary information easier for investors to analyze but also to assist in automating regulatory filings and business information processing. Interactive data has the potential to increase the speed, accuracy, and usability of mutual fund disclosure, and eventually reduce costs. The Commission also adopted rules to permit investment companies to submit portfolio holdings information in the interactive data voluntary program without being required to submit other financial information.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IC-28617 (Feb. 11, 2009). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IC-28298 (June 10, 2008).

    Title: Amendments to Regulation SHO.

    Citation: 17 CFR 242.204; 17 CFR 200.30-3.

    Authority: 15 U.S.C. 77g, 77o, 77q(a), 77s, 77s(a), 77sss, 78b, 78c, 78d, 78d-1, 78d-2, 78g(c)(2), 78i(a), 78j, 78k-1(c), 781, 78ll(d), 78m, 78mm, 78n, 78o(b), 78o(c), 78o(g), 78q(a), 78q(b), 78q(h), 78w, 78w(a), 78dd-1, 78mm, 80a-23, 80a29, 80a-37, 80b-11, and 7202.

    Description: The Commission adopted amendments to help further the goal of reducing fails to deliver by maintaining the reductions in fails to deliver achieved by the adoption of temporary Rule 204T, as well as other actions taken by the Commission. In addition, these amendments are intended to help further the goal of addressing abusive “naked” short selling in all equity securities. These goals will be furthered by requiring that, subject to certain limited exceptions, if a participant of a registered clearing agency has a fail to deliver position at a registered clearing agency it must immediately purchase or borrow securities to close out the fail to deliver position by no later than the beginning of regular trading hours on the settlement day following the day the participant incurred the fail to deliver position. Failure to comply with the close-out requirement of this final rule is a violation of the rule. In addition, a participant that does not comply with this closeout requirement, and any broker-dealer from which it receives trades for clearance and settlement, will not be able to short sell the security either for itself or for the account of another, unless it has previously arranged to borrow or borrowed the security, until the fail to deliver position is closed out.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-60388 (Jul. 27, 2009). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-58773 (Oct. 14, 2008).

    Title: Regulation S-AM: Limitations on Affiliate Marketing.

    Citation: 17 CFR 248.101-128.

    Authority: Pub. L. 108-159, 117 Stat. 1952 (2003); 15 U.S.C. 78q, 78w, 78mm, 80a-30, 80a-37, 80b-4, and 80b-11.

    Description: The Commission adopted Regulation S-AM pursuant to Section 214 of the Fair and Accurate Credit Transactions Act of 2003 (“FACT Act”), which required the Commission and other federal agencies to adopt rules implementing limitations on a person's use of certain information received from an affiliate to solicit a consumer for marketing purposes, unless the consumer has been given notice and a reasonable opportunity and a reasonable and simple method to opt out of such solicitations. Regulation S-AM applies to investment advisers and transfer agents registered with the Commission, as well as brokers, dealers and investment companies.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Regulation S-AM in Release Nos. 34-60423, IC-28842, and IA-2911 (Aug. 4, 2009). The Commission requested comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release Nos. 34-49985, IC-26494, and IA-2259 (July 8, 2004), but, as stated in the adopting release, received no comments concerning the impact on small entities or the Initial Regulatory Flexibility Analysis.

    Title: References to Ratings of Nationally Recognized Statistical Rating Organizations.

    Citation: 17 CFR 240.3a1-1; 17 CFR 242.300; 17 CFR 242.301; 17 CFR 249.638 (Form ATS-R); 17 CFR 249.821 (Form PILOT); 17 CFR 270.5b-3; and 17 CFR 270.10f-3.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77q(a), 77s, 77s(a), 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78a et seq., 78b, 78c, 78d, 78e, 78f, 78g, 78g(c)(2), 78i, 78i(a), 78j, 78j-1, 78k, 78k-1, 78k-1(c), 78l, 78m, 78n, 78o, 78o(b), 78o(c), 78o(g), 78p, 78q, 78q(a), 78q(b), 78q(h), 78s, 78u-5, 78w, 78w(a), 78x, 78dd-1, 78ll, 78mm, 80a-1 et seq., 80a-20, 80a-23, 80a-29, 80a-34(d), 80a-37, 80a-39, 80b-3, 80b-4, 80b-11, 7201 et seq., and 18 U.S.C. 1350.

    Description: The Commission adopted amendments to the rules and forms noted above that removed references to credit ratings issued by NRSROs. As stated in Securities Exchange Act Release No. 34-60789 (Oct. 5, 2009), the Commission believes that the references to credit ratings in these rules and forms no longer serve their intended purpose, and that such references might have contributed to undue reliance on those ratings by market participants.

    Prior RFA Analysis: Pursuant to Section 605(b) of the Regulatory Flexibility Act, the Commission certified that the rule would not have a significant economic impact on a substantial number of small entities. This certification was incorporated into the proposing release, Release No. 34-58070 (July 1, 2008). As stated in the adopting release, Release No. 34-60789 (Oct. 5, 2009), the Commission received no comments concerning the impact on small entities or the Regulatory Flexibility Act certification.

    Title: Final Model Privacy Form under the Gramm-Leach-Bliley Act.

    Citation: 17 CFR part 248, subpart A, and Appendix A to Subpart A.

    Authority: Pub. L. 109-351, 120 Stat. 1966 (2006); 15 U.S.C. 6804; 15 U.S.C. 78w, 80a-37(a), and 80b-11(a).

    Description: The Commission adopted the Final Model Privacy Form under the GLBA pursuant to Section 728 of the Financial Services Regulatory Relief Act of 2006, which required the Commission and other federal agencies to jointly develop a comprehensible, clear and conspicuous, and succinct model form to provide customers of financial institutions a means of easily identifying a financial institution's information sharing practices and comparing those practices with others, and to provide financial institutions a safe harbor for satisfying disclosure requirements of rules implementing GLBA provisions under which financial institutions must provide initial and annual privacy notices to their customers. In connection with adopting the Model Privacy Form, the Commission also adopted a new Appendix A to Regulation S-P and amendments to Regulation S-P's provisions regarding privacy notices provided by broker-dealers, investment advisers registered with the Commission, and investment companies.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of the Model Privacy Form as Form S-P in Release Nos. 34-61003, IA-2950, IC-28997 (Nov. 16, 2009). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release Nos. 34-55497, IA-2598, IC-27755 (Mar. 20, 2007).

    Title: Amendments to Rules for Nationally Recognized Statistical Rating Organizations.

    Citation: 17 CFR 240.17g-2, 17 CRF 240.17g-5, and 17 CFR 243.100.

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted amendments to certain rules applicable to nationally recognized statistical rating organizations NRSROs. The amendments identify an additional conflict of interest relating to the issuance and maintenance of a credit rating of an asset-backed security that was paid for by an issuer, sponsor, or underwriter of the asset-backed security. The amendments specify that an NRSRO subject to this conflict of interest is prohibited from issuing a credit rating for the asset-backed security unless it takes certain actions designed to make the information given to the NRSRO hired to issue the rating available to NRSROs that were not hired to issue the rating. The information is intended to make it possible for non-hired NRSROs to determine credit ratings on asset-backed securities that are rated by hired NRSROs. The amendments also expanded disclosure requirements with respect to rating action histories of NRSROs.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. 34-61050 (Nov. 23, 2009). The Commission solicited comment on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. 34-59343 (Feb. 2, 2009), but, as stated in the adopting release, received no comments on that analysis.

    Title: Proxy Disclosure Enhancements.

    Citation: 17 CFR 229.401, 17 CFR 229.402, 17 CFR 229.407, 17 CFR 240.14a-101, 17 CFR 249.308, 17 CFR 249.308a, 17 CFR 249.310, 17 CFR 239.15A and 274.11A, 17 CFR 239.14 and 274.11a-1, and 17 CFR 239.17a and 274.11b.

    Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, 77k, 77s, 77z-2, 77z-3, 77aa(25), 77aa(26), 77ddd, 77eee, 77ggg, 77hhh,77iii, 77jjj, 77nnn, 77sss, 78c, 78c(b), 78i, 78j, 78l, 78m, 78n, 78o, 78o(d), 78u-5, 78w, 78w(a), 78ll, 78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-20, 80a-24, 80a-26, 80a-29, 80a-30, 80a-31(c), 80a-37, 80a-38(a), 80a-39, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350.

    Description: The Commission adopted amendments to enhance disclosure provided in connection with proxy solicitations and other reports. These amendments require new or revised disclosures with regard to compensation policies and practices that present material risks to the company; stock and option awards of executives and directors; director and nominee qualifications and legal proceedings; board leadership structure; the board's role in risk oversight; and potential conflicts of interest of compensation consultants that advise companies and their boards of directors. The amendments apply to disclosure provided in proxy and information statements, annual reports and registration statements under the Exchange Act, and registration statements under the Securities Act as well as the Investment Company Act. The amendments also transferred from Forms 10-Q and 10-K to Form 8-K the requirement to disclose shareholder voting rights.

    Prior RFA Analysis: A Final Regulatory Flexibility Act Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 33-9089 (Dec. 16, 2009). The Commission requested comment on the Initial Regulatory Flexibility Act Analysis included in the proposing release, Release No. 33-9052 (July 10, 2009), but received no comments specifically addressing it. Other comments received that addressed aspects of the proposed rule that could potentially affect small entities were considered in the proposing release, however.

    Title: Custody of Funds or Securities of Clients by Investment Advisers.

    Citation: 17 CFR 275.204-2, 17 CFR 275.206(4)-2, 17 CFR 279.1, and 17 CFR 279.8.

    Authority: 15 U.S.C. 80b-6(4) 80b-3(c)(1), 80b-4, 80b11 and 80b-11(a).

    Description: The Commission adopted amendments to the custody and recordkeeping rules under the Investment Advisers Act of 1940 and related forms. The amendments were designed to provide additional safeguards under the Advisers Act when a registered adviser has custody of client funds or securities by requiring such an adviser, among other things: To undergo an annual surprise examination by an independent public accountant to verify client assets; to have the qualified custodian maintaining client funds and securities send account statements directly to the advisory clients; and unless client assets are maintained by an independent custodian (i.e., a custodian that is not the adviser itself or a related person), to obtain, or receive from a related person, a report of the internal controls relating to the custody of those assets from an independent public accountant that is registered with and subject to regular inspection by the Public Company Accounting Oversight Board. Finally, the amended custody rule and forms provide the Commission and the public with better information about the custodial practices of registered investment advisers.

    Prior RFA Analysis: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission's adoption of Release No. IA-2968 (Dec. 30, 2009). In the adopting release, the Commission considered comments received on the Initial Regulatory Flexibility Analysis included in the proposing release, Release No. IA-2876 (May 20, 2009).

    By the Commission.

    Dated: November 21, 2018. Brent J. Fields, Secretary.
    [FR Doc. 2018-25861 Filed 11-26-18; 8:45 am] BILLING CODE 8011-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-1021] RIN 1625-AA00 Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a temporary safety zone for certain waters of Spa Creek. This action is necessary to provide for the safety of life on these navigable waters of Spa Creek at Annapolis, MD, during a fireworks display on December 31, 2018. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before December 12, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2018-1021 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]

    SUPPLEMENTARY INFORMATION:

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

    On October 17, 2018, Pyrotecnico, Inc., of New Castle, PA, notified the Coast Guard that it will be conducting a fireworks display from 11:55 p.m. on December 31, 2018 to 12:30 a.m. on January 1, 2019, sponsored by the City of Annapolis, MD. The fireworks are to be launched from a barge in Spa Creek, in Annapolis, MD. Additional details were received on November 5, 2018. Hazards from the fireworks display include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Maryland-National Capital Region (COTP) has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within 400 feet of the fireworks barge.

    The purpose of this rulemaking is to ensure the safety of vessels on the navigable waters within 400 feet of the fireworks barge on Spa Creek before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

    III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone in Spa Creek from 11 p.m. on December 31, 2018 through 1 a.m. on January 1, 2019. The safety zone would cover all navigable waters within 400 feet of the fireworks barge in Spa Creek within 400 feet of the fireworks barge in approximate position latitude 38°58′32.48″ N, longitude 076°28′57.55″ W, located at Annapolis, MD. The duration of the safety zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the size, duration, and time-of-day of the safety zone. Although vessel traffic will not be able to safely transit around this safety zone, the impact would be for 2 hours during the evening when vessel traffic in Spa Creek is normally low. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone.

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

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

    G. Protest Activities

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

    V. Public Participation and Request for Comments

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

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

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

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T05-1021 to read as follows:
    § 165.T05-1021 Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD.

    (a) Location. The following area is a safety zone: All navigable waters of Spa Creek within 400 feet of the fireworks barge in approximate position latitude 38°58′32.48″ N, longitude 076°28′57.55″ W, located at Annapolis, MD. All coordinates refer to datum NAD 1983.

    (b) Definitions. As used in this section:

    (1) Captain of the Port (COTP) means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region.

    (2) Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcing the safety zone described in paragraph (a) of this section.

    (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP's designated representative. All vessels underway within this safety zone at the time it is activated are to depart the zone.

    (2) To seek permission to enter, contact the COTP or the COTP's designated representative by telephone at 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 MHz).

    (3) Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.

    (d) Enforcement officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies.

    (e) Enforcement period. This section will be enforced from 11 p.m. on December 31, 2018 through 1 a.m. on January 1, 2019.

    Dated: November 21, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region.
    [FR Doc. 2018-25841 Filed 11-26-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 121 RIN 0906-AB02 Change to the Definition of “Human Organ” Under Section 301 of the National Organ Transplant Act of 1984; Withdrawal AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Proposed rule; Withdrawal.

    SUMMARY:

    This document withdraws a proposed rule published in the Federal Register on October 2, 2013. The proposed rule sought public comment on the proposed change in the definition of “human organ” in section 301 of the National Organ and Transplant Act of 1984, as amended, (NOTA) to explicitly incorporate hematopoietic stem cells within peripheral blood in the definition of “bone marrow.” HHS received over 500 comments on the proposed rule. Given the number of substantive comments, at this time HHS has decided to consider the issue further and may issue an NPRM in the future.

    DATES:

    The proposed rule published on October 2, 2013 (78 FR 60810) is withdrawn as of November 27, 2018.

    ADDRESSES:

    Division of Transplantation, 5600 Fishers Lane, Room 8W63, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Frank L. Holloman, MPA, Acting Division Director, Division of Transplantation, 5600 Fishers Lane, Room 8W63, Rockville, MD 20852. Telephone: (301) 443-7577.

    SUPPLEMENTARY INFORMATION:

    On March 1, 2017, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” to implement and enforce regulatory reform (82 FR 12285 2/24/2017). Executive Order 13777 directed each Federal agency to establish a Regulatory Reform Task Force to identify regulations that are “outdated, unnecessary, or ineffective.” In accordance with guidance from Executive Orders 13777 and 13771 (January 30, 2017, titled “Regulatory Freeze Pending Review”), HHS's Task Force identified the proposed change in definition of “human organ” as a candidate for withdrawal at this time.

    Dated: November 13, 2018. George Sigounas, Administrator, Health Resources and Services Administration. Dated: November 20, 2018. Alex M. Azar II, Secretary, Department of Health and Human Services.
    [FR Doc. 2018-25833 Filed 11-26-18; 8:45 am] BILLING CODE 4165-15-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [MB Docket Nos. 17-105, 02-144; MM Docket Nos. 92-266, 93-215; CS Docket No. 94-28; FCC 18-148] Modernization of Media Regulation Initiative: Revisions to Cable Television Rate Regulations AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    In this document, the Commission seek comment on whether to replace and simplify the Commission's cable rate-regulation framework. We also seek comment on decisions to deregulate rates charged for equipment used to receive service tiers that have been deregulated, deregulate some small systems owned by small cable companies and clarify that the rate regulations do not apply to services provided to commercial entities. Lastly, we seek comment on our decision to eliminate outdated forms and make changes to how regulated rates are calculated.

    DATES:

    Submit comments on or before December 27, 2018; reply comments on or before January 28, 2019. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before January 28, 2019.

    ADDRESSES:

    You may submit comments, identified by MB Docket Nos. 17-105 and 02-144, by any of the following methods:

    Federal Communications Commission's website: http://apps.fcc.gov/ecfs//. Follow the instructions for submitting comments.

    People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: 202-418-0530 or TTY: 888-835-5322.

    For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    For additional information on this proceeding, contact Katie Costello, [email protected], of the Media Bureau, (202) 418-2233. For additional information concerning the information collection requirements contained in this document, send an email to [email protected] or contact Cathy Williams, (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Further Notice of Proposed Rulemaking, FCC 18-148, adopted and released on October 23, 2018. The full text of these documents is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 20554. These documents will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word, and/or Adobe Acrobat.) The complete text may be purchased from the Commission's copy contractor, 445 12th Street, SW, Room CY-B402, Washington, DC 20554. To request these documents in accessible formats (computer diskettes, large print, audio recording, and Braille), send an email to [email protected] or call the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    Synopsis

    In this Further Notice of Proposed Rulemaking (FNPRM) we seek comment on updates to the cable television rate regulations in part 76 of our rules. In the FNPRM, we seek comment on how to update our rules so that they reflect the current video marketplace. First, we seek comment on whether we should consider replacing our existing complex rate regulation framework with a new and simple methodology. Second, and in the alternative, we seek comment on, among other issues, whether to greatly streamline our existing initial rate-setting methodology by eliminating numerous rate forms that we believe are no longer necessary or useful, substantially reducing the amount of equipment subject to rate regulation, and ending rate regulation entirely for small cable systems owned by small operators.

    We first seek comment on whether to make fundamental changes to our existing cable rate regulatory regime based on recent developments in the competitive and regulatory landscape. Alternatively, we seek comment on ways to streamline and update our existing rules and forms to better serve cable operators and LFAs while still protecting subscribers from unreasonable prices. In this regard, we seek comment on whether to exempt from rate regulation equipment used to receive CPST service and also small cable systems owned by small cable operators, and we tentatively find that “commercial cable service” is exempt from rate regulation. We seek comment on ways to greatly simplify the process cable operators use to set their initial regulated Basic Service Tier (BST) rates and to justify subsequent rate increases. We seek comment on whether these changes would be consistent with section 623 of the Act, including the statutory purpose to protect subscribers from “rates for the basic service tier that exceed the rates that would be charged for the basic service tier if such cable system were subject to effective competition,” and whether they would reduce the burdens that cable operators and LFAs bear under our current rate regulation rules.

    We note that the Commission sought comment in 2002 in MB Docket No. 02-144 on many of the proposals that we seek comment on in this FNPRM, but we seek to update the record on these proposals due to the passage of time and the significant changes that have since occurred in the marketplace, legal landscape, and technology. Those that commented in response to that 2002 Revised Order and NPRM (67 FR 56682) (Sept. 05, 2002)) that wish to ensure their previous comments are considered in this proceeding with respect to the issues raised here should refile their comments in response to this FNPRM. We also seek comment on closing MB Docket No. 02-144.

    Fundamental Changes to Existing Framework. We seek comment on whether to adopt fundamental changes to our rate regulation framework and what those changes could be. We seek comment on whether there are simpler, more streamlined methods for determining reasonable rates that could be implemented and still satisfy our statutory obligations under section 623 of the Act. For example, should we significantly simplify our rate regulation regime by eliminating all of our existing rate regulation forms and directing those few Local Franchising Authorities (LFAs) that remain engaged in rate regulation to set reasonable BST rates based on the factors listed in section 623(b)(2)(C)? Under this proposal we would eliminate FCC Forms 1200, 1205, 1210, 1211, 1215, 1220, 1225, 1230, 1235 and 1240. Similarly, under this approach, LFAs could set equipment rates that are based on the “actual cost” of the relevant equipment, as required by section 623(b)(3), without reliance on our existing forms. To the extent necessary, the Commission could adjudicate any disputes that arise on a case-by-case basis. Would this approach be consistent with the Act, including the Commission's obligation under section 623(b)(1) to ensure that BST rates are “reasonable” and “designed to achieve the goal of protecting subscribers of any cable system that is not subject to effective competition?” Would this approach be consistent with the statutory directive that the Commission “shall seek to reduce the administrative burdens on subscribers, cable operators, franchising authorities, and the Commission”? If the Commission adopted this approach, what new rules should we adopt? Should we retain any of our existing rules governing cable rates and, if so, which ones? What advantages or disadvantages would this type of approach have for subscribers, LFAs, and cable operators? We also seek comment on the type of adjudicatory process the Commission should implement to resolve disputes if we adopt the type of rate-setting approach described above. If the Commission adopts the rate-setting approach described above, should we continue to resolve disputes between cable operators and LFAs by using the appeal process? If so, how should we determine whether the LFA's decision comports with the statutory factors? To what extent should we rely on existing rate appeal precedent for guidance? Should we adopt instead an alternative form of dispute resolution? For example, should Commission staff mediate rate disputes on an informal basis in the first instance? Alternatively, or if mediation is unsuccessful, should we consider adopting a more formal adjudicatory process and, if so, how should it work? We note that, in the program access context, the Commission has adopted merger conditions that impose baseball-style arbitration if parties cannot come to agreement. Would a similar arbitration process work as an option for parties to elect to resolve rate disputes, with the Commission or a designated Bureau acting as the decisionmaker? Are there other adjudicatory processes that would work better in this context? If the Commission were to take this type of approach, what other issues should we consider? Alternatively, should we consider a proposal submitted by NCTA that would allow a cable operator to justify its regulated BST and equipment rates by comparison to rates for comparable offerings in communities that are subject to effective competition? Under this framework, a cable operator would establish a national or regional rate, which NCTA refers to as an “Updated Comparative Benchmark” (UCB), that it would charge all BST subscribers. NCTA suggests that an “[o]perator complying with the UCB could avoid all formal rate filings.” It avers that this “[a]pproach would benefit consumers by facilitating consistent, market-driven rates across an operator's cable systems” and “would provide a built-in incentive for operators to offer competitive prices to all subscribers, even in markets without effective competition.” We seek comment on this framework. Would a UCB approach be consistent with section 623(b)? Given differences in channel lineups from system to system, how could “comparable offerings” be defined for purposes of establishing and comparing a UCB to a regulated rate? NCTA states that, under its proposal, “[o]perators would be allowed to calculate UCB rates based on reasonable system sampling” of systems subject to effective competition. We seek comment on this idea. What type of sampling could be used to calculate the UCB? For example, should a sampling include only communities with a comparable channel lineup? NCTA's proposal refers to “comparable offerings” but also states that the national or regional rates would be “compared to the regulated [BST] rate without regard to the particular number of BST channels offered in either regulated or unregulated communities, provided the [national or regional] rate encompasses at least the same services that must be included in a rate regulated BST (i.e., local broadcast channels and, PEG channels, where applicable).” Is it appropriate to base rates for a regulated area's BST on a non-regulated area's rate for a system that carries different channels and/or a substantially different number of channels? How would “comparable offerings” be defined if it doesn't account for differences in the channel lineup? What if the cable operator has no systems that are subject to effective competition that it can use as a “comparable offering” to set its rate? If the Commission were to adopt this type of approach, to what extent should a cable operator be required to document and support its calculations? Should we adopt a presumption of reasonableness to such calculations that would be rebuttable by other interested parties? If so, what should such parties be required to demonstrate by way of rebuttal, and which party should bear the burden of persuasion? We also seek comment on the likely costs and benefits of this approach. NCTA proffers that, if we were to permit cable operators to use the UCB, we could retain our existing rate regime as “alternative rate support.” Would the addition of this layer of requirements to our existing rules be consistent with the goal of simplifying and eliminating outdated rate regulations? How would this process account for LFA review? For example, if we were to adopt a UCB approach, what formal process would a cable operator use to notify an LFA about the rate it plans to charge? What authority would the LFA have to review and approve the UCB, and what if the LFA doesn't approve the UCB? Would an LFA have an opportunity to appeal the UCB rate as unreasonable, and if so, under what process? When would the cable operator be allowed to implement its UCB? What specific changes would we need to make to our rules if we were to adopt this framework or would retaining our existing rules as NCTA suggests be sufficient? To the extent that commenters are concerned about this framework, we also seek input on ways to revise the process to make it more acceptable to all interested parties. We seek comment on any other proposals we should consider to restructure and simplify our existing rate regulation regime. Are there other processes that would reduce burdens on cable operators and local governments and achieve our statutory directive to ensure reasonable rates for subscribers? With respect to any alternative approaches we should consider, we ask commenters to explain and, if possible, quantify and provide support for their assessment of the relative costs and benefits vis-à-vis our existing regulatory framework; identify any uncertainties or limitations in their assessment of costs and benefits; and explain how their proposal would satisfy the requirements of section 623, whether and how it would be cost effective for LFAs, cable operators, and the Commission, and how it would fit in with today's marketplace realities.

    Reform of Existing Rules and Forms. In lieu of more extensive revisions to our overall rate regulation framework, we seek comment on eliminating, updating and streamlining our existing cable rate regulations. We first seek comment on eliminating rate regulation for cable equipment that is used to receive non-BST tiers of service and exempting small cable systems owned by small cable companies from rate regulation. Next, we tentatively find that rate regulation does not apply to commercial rates. These three areas appear to be ripe for deregulation, regardless of the regulatory framework that will apply going forward. Next, for those cable systems that remain subject to BST rate regulation, we seek comment on simplifying the process for establishing initial rates, discontinuing quarterly rate filings, and eliminating the cost of service methodology for setting rates. Collectively, these deregulatory steps would enable us to eliminate Forms 1200, 1210, 1220 and 1230. We also seek comment on clarifying the methodology cable operators use to adjust their BST rates and on whether certain of our rules are still relevant in light of the end of CPST rate regulation.

    Deregulation of Equipment, Small Systems and Commercial Rates. We seek comment on modifying our current rules regarding the regulation of equipment rates in light of the sunset of Cable Programming Service Tier (CPST) regulation. Section 76.923 of our rules provides that LFAs may regulate costs for equipment used to receive both the BST and additional tiers of service. While the Commission's original interpretation of section 623(b)(5) may have been appropriate when both the BST and CPST were rate regulated, we seek comment on whether our interpretation should be revisited and we should exempt from rate regulation equipment used by subscribers that receive additional tiers of service beyond the BST, now that CPST rate regulation has sunset. Would it be consistent with section 623 to limit rate regulation to equipment used exclusively to receive the BST and non-tiered services? We seek comment on this approach and on any other approaches we should consider. Would this approach result in any complications or problems that we should consider? We seek comment on whether to exempt from rate regulation those small cable systems, defined by our rules as cable systems serving 15,000 or fewer subscribers, that are owned by small cable companies, defined by our rules as cable television operators serving 400,000 or fewer subscribers. If we find that rate regulation is no longer necessary for such small systems owned by small cable companies, we propose to eliminate the rules establishing alternate methodologies for small systems as well as the Form 1230.Would an exemption for small systems be consistent with the Act, including section 623(i), which requires the Commission to “reduce the administrative burdens and costs of compliance” for cable systems that have “1000 or fewer” subscribers, and section 623(m), which exempts certain small cable operators from regulation of the BST? Are there any small systems serving 15,000 or fewer subscribers that are owned by small cable companies of 400,000 or fewer subscribers that are currently rate regulated? To the extent any such systems exist, would there be any benefit to retaining rate regulation for these cable systems? For example, should we retain our regulations on the premise that additional cable systems may become subject to regulation in the future? Should we create a different exemption for small entities or provide another form of relief short of a blanket exemption? What are the costs, if any, of retaining regulations for this class of providers, particularly where it appears no such providers are currently regulated? To the extent possible, commenters should quantify anticipated costs and benefits of this proposal or any proposed alternatives, provide support, and describe any uncertainties or limitations inherent in their analysis. We also seek comment on whether a cable operator that loses its deregulated status as a small system, small cable company or small cable operator because it gains subscribers and surpasses the maximum subscriber threshold for such an exemption should be required to notify its LFA that it no longer qualifies for the exemption. We tentatively conclude that cable services offered to commercial subscribers, such as bars and restaurants, are not subject to the Commission's rate regulations. Parties that previously filed comments on this issue should resubmit any comments they believe are still relevant. Section 623(a)(2) specifies that rate regulation shall not be imposed on a cable system that is subject to effective competition, and it defines “effective competition” based on the percentage of “households” subscribing to cable or the percentage of households to which competing service is available. In applying the test for effective competition, the Commission has concluded that the term “household” means “occupied” housing units. Given the use of the term “households” in section 623 and the Commission's prior definition of that term in connection with the test for effective competition, we tentatively find that Congress did not intend to include cable service offered to commercial subscribers within the scope of rate regulation. We seek comment on this interpretation and, if we were to adopt it, on how we should define cable service offered to commercial subscribers for purposes of our rate regulation rules. One alternative would be to define it as a “cable service offered to locations that do not consist of households that are temporary or permanent, single housing units or multi-dwelling units.” Both “household” and “multi-dwelling unit” are terms we have defined in Commission precedent regarding cable operators. “Household” is an occupied housing unit. “Multi-dwelling unit” is a building or buildings with two or more residences, including apartment buildings, condominiums, hotels, hospitals, universities, and trailer parks. We seek comment on this definition and any alternatives we should consider.

    Setting Initial Regulated Rates (Forms 1200 and 1220). We seek comment on replacing our initial rate setting methodology, which requires using data from as far back as 1992, with one based on current, actual BST rates. This simplified practice would apply to cable operators that become regulated for the first time or that become re-regulated and would eliminate the need for Forms 1200 and 1220. For simplicity, we refer to first time or re-regulated cable operators as newly regulated cable operators throughout this document. Newly regulated cable operators may include those that are regulated for the first time, operators in communities where an LFA successfully rebuts the presumption of effective competition, or operators that lose their exemption from rate regulation because their status under our rules has changed. For all newly regulated operators, the initial or effective date of regulation would be the date that an LFA notifies the cable operator that the LFA is certified to regulate rates and that the basic service tier is subject to regulation under the generally applicable rate rules. We seek comment on whether to streamline our Form 1200 process by accepting an operator's current, actual BST rate at the time it becomes subject to rate regulation in lieu of the benchmark rate calculated using the Form 1200. Under this approach, the BST rate would include the entire amount charged for the BST on the effective date of regulation, whether or not an operator had identified individual components of the rate on its subscribers' bills. It would not include promotional or discount rates nor include charges for equipment used to receive the BST. To the extent that any equipment or installation costs were included in the BST service charge, they would be removed using an off-form attachment. The initial or effective date of regulation would be the date that an LFA notifies the cable operator that the basic service tier is subject to regulation under the generally applicable rate rules. We seek comment on whether this approach will ensure that BST rates are kept within a reasonable range while creating a less burdensome process for cable operators and LFAs. Is it reasonable to presume under this proposal that the operator's rates in effect prior to becoming subject to regulation are reasonable? Does section 623, which prohibits rate regulation for communities that are subject to effective competition, support this presumption, at least with respect to cable operators that become newly regulated but were previously subject to effective competition? Is this presumption also reasonable in cases where an LFA decides to exercise its authority and has successfully rebutted the presumption of effective competition? In cases where an LFA previously had the authority to rate regulate, but chose not to do so, can we assume that the rates in effect before the LFA became certified to regulate were reasonable? Are there other approaches we should consider that would enable us to update and simplify our existing process for setting initial regulated cable rates? If we adopt this approach, we also seek comment on whether we should impose any restrictions on a cable operator's ability to use its actual current BST rate as its initial regulated rate. For example, should we restrict a cable operator's ability to use its actual BST rate as a starting point if there is a substantial spike in its BST rate shortly before the initial date of regulation? This approach would be consistent with our precedent and would limit an operator's incentive to substantially raise its BST rates in anticipation of becoming newly regulated. It could also account for a large rate increase during the time period between when an operator is no longer subject to effective competition and the initial date of regulation. If we adopt such a restriction, how much of a rate increase should be considered as the threshold and what would be an appropriate period of time before rate regulation commences for us to restrict substantial increases? In the interest of uniformity and consistency, should we conform the three-month period that applies to small cable operators who lose their deregulatory status as small cable operators to any newly proposed rule? If a cable system is not permitted to use its existing rate in certain cases, how should its initial rate be determined? For example, in such cases, should we allow LFAs to review the cable operator's most recent rate increase for compliance with our rules by using the last previous rate as the initial rate? Are there other approaches we should consider? We tentatively conclude that we would no longer need to retain our methodology for determining historical permitted charges using the Form 1200 if we use an operator's actual rate for the initial regulated rate. Consequently, if we adopt this approach, we propose to amend our rules to delete references to Form 1200 and its predecessor, Form 393, and to delete rules that relate solely to this methodology. If we adopt this proposal, should we also modify and streamline our refund liability rule in § 76.942 to reflect the reduction in possible refund scenarios that could occur under our streamlined methodology for setting initial rates? Should we simplify the refund rule so that a cable operator's liability for refunds runs from the date of initial regulation until it reduces its rate in compliance with an LFA order? Are there any other rules we should delete or modify if we adopt this approach? We seek comment on eliminating the labor-intensive Form 1220 cost of service methodology as an alternative means of setting initial regulated rates and on terminating pending rulemaking proceedings related to this methodology. With the demise of CPST regulation and the revised methodology for setting initial rates discussed above, the Form 1220 cost of service alternative may no longer be necessary to ensure that an operator receives an adequate return on its investment. Is there any compelling need for the Commission to retain Form 1220 or a cost of service methodology as an alternative way to set initial regulated rates? To what extent, if any, do cable operators use this process today? Would eliminating this alternative from our rules create any problems that we should consider? If we eliminate the Forms 1200 and 1220, should we eliminate references to the initial Form 1200 and cost of service methodologies in § 76.933, which addresses the process for filing these forms and their franchising authority review? Similarly, should we modify § 76.942 to delete references to those forms and the processes they use? What costs and benefits would result from eliminating the cost of service option for setting rates?

    Calculating Rate Increases (Forms 1210, 1240 and 1235). Under our current rules, once a regulated operator sets an initial BST rate, it justifies rate increases based on changes in external costs, changes in the number of channels on the BST, and inflation. In this section, we seek comment on ways to simplify the process for calculating these rate increases. We seek comment on the costs and benefits of these proposals or any alternatives that commenters may identify. Commenters should quantify costs and benefits to the extent possible, provide supporting information, and identify any limitations or uncertainties in their assessments. Currently, cable operators are permitted to justify changes to their rates either on a quarterly basis using Form 1210 or an annual basis using Form 1240. We seek comment on whether there is any benefit to retaining the Form 1210 quarterly adjustment option. We also seek input on whether the quarterly methodology should be removed from our rules. Is there any compelling reason for the Commission to retain the quarterly rate form? To what extent, if at all, do cable operators continue to use the Form 1210 and will eliminating it create any problems or disadvantages that we should consider? If we eliminate the Form 1210, should we eliminate references to this quarterly process in Sections 76.933 and 76.942, as discussed above? We seek comment on modifications to our Form 1240 instructions for adjusting rates when channels are added to or deleted from the BST. With the sunset of CPST regulation, we seek comment on whether we should eliminate two components of channel movement rate adjustment calculations: The “residual” component and the “channel number” component. We seek comment on simplifying our rule so that (1) no per channel residual is moved to the BST along with a CPST channel and (2) no per channel residual is removed from the BST when a channel is removed from the BST unless the total number of channels on the BST falls below the total number of channels included in the initial regulated BST rate. We seek comment on eliminating from our rules the movement of CPST residual to the BST and on restricting the removal of BST residual and whether there are alternative mechanisms we should consider. With regard to the channel number component, our rules currently allow for a rate adjustment based on changes in the total number of channels on all regulated tiers. This “per channel adjustment factor” is calculated using a “markup table,” which is premised on having a regulated CPST and a system with fewer than 100 channels. Neither of those factors are valid today, so we seek comment on eliminating this adjustment and the accompanying table. Will this approach result in reasonable rate changes based on changes in the number of channels, and if not, what other methodologies should we consider? As noted above, the Form 1240 allows an operator to calculate a maximum permitted rate using projected costs. The operator is then required to “true up” its rate by comparing the projected costs with actual costs once they are known. The operator is not required to pass through all of its costs to subscribers in its actual rate and may accrue costs to pass through at a later date. The Commission has stated that interest should not continue to accrue on these unrecovered costs, but subsequent decisions have created confusion in this area. When interest continues to accrue on these costs, it can result in excessive maximum permitted rates calculated on the Form 1240. We tentatively conclude that we should clarify our Form 1240 instructions to prevent cable operators from using the form to accrue interest on costs not passed through to subscribers when they are first entitled to recover those costs. We seek comment on our tentative conclusion. We seek comment on modifications to the Form 1235 instructions for calculating significant network upgrade costs to account for substantial changes in a system's channel count or number of subscribers. Through the Form 1235, cable operators are permitted to allocate a portion of their network upgrade costs to the BST based on the system channel capacity devoted to the BST. The cable operator then determines a per subscriber surcharge based on the number of subscribers to the BST. Under our current instructions, the Form 1235 is filed only once and, if there is a subsequent substantial change in the number of subscribers or the number of channels allocated to the BST, the surcharge remains the same. This fails to account for system changes over time and could result in either over-inflated or under-inflated surcharges. Accordingly, we seek comment on whether to allow an LFA to require the cable operator to refile an updated Form 1235 using the new channel ratio or subscriber count, when the change is substantial. If so, we seek comment on how we should define “substantial” or otherwise establish a threshold upon which an LFA could require the operator to file a Form 1235 update. We also seek comment on modifying the Form 1235 instructions to prevent the double recovery of depreciation expense. Currently, Form 1235 calculates a rate of return on the initial net investment rather than calculating a return based on the average net investment, which would include a reduction for depreciation expense. At the same time, operators fully recover the upgrade investment over time as depreciation expense. As a result, operators have been able to recover a return on investment that has also been recovered through depreciation expense. Would a modification to the Form 1235 instructions, requiring operators to use the average net upgrade investment over the life of the upgrade rather than the initial net investment, prevent this double recovery? Would it allow the cable operator to earn a return on its investment and recover its network upgrade costs, while preventing subscribers from overpaying for network upgrade costs? If not, what other alternatives should be considered to address this issue?

    Elimination of Additional Forms. We seek comment on whether to eliminate a number of inactive or obsolete rate forms and delete references to them in our rules. These include: (1) Form 1211 (small system alternative to FCC Form 1210), which would be obsolete if we eliminate the Form 1210; (2) Form 1215 (a la carte channel offerings), which is a vestige of CPST regulation and is therefore no longer relevant; (3) Form 1225 (small systems cost of service form), which was superseded by the Form 1230; and (4) Form 329, an obsolete CPST complaint form. We seek comment on whether there is any reason to retain any of these forms.

    CPST Sunset Issues. In this Section, we seek comment on issues related to the sunset of CPST regulation. Commenters in the media modernization proceeding question whether specific rules have been rendered moot by the sunset of CPST regulation or by the passage of time. These rules include § 76.980 (charges for customer changes in service tiers) and § 76.984 (requiring a geographically uniform rate structure). In addition, we seek comment on whether there is any reason to retain § 76.922(e)(2)(iii)(C) (mid-year rate adjustments) and § 76.963 (forfeiture exceptions) in light of CPST deregulation. Additionally, we seek comment on the continued relevance of § 76.982 (continuation of certain types of rate agreements). We seek comment on how these rules might be affected by the sunset of CPST regulation and whether the rules continue to serve the public interest. We seek comment on eliminating our rule that allows cable operators using the annual rate adjustment methodology to make an additional rate adjustment to their CPST to reflect mid-year channel additions. Since the Commission adopted § 76.922(e)(2)(iii)(C), both the CPST and most single tier systems have been deregulated. We seek comment on whether the rule including the single tier aspect of the rule, became meaningless after CPST deregulation because (1) there is no longer a need for a rule governing CPST rate adjustments and (2) in effect, all regulated systems now have only a single regulated tier, so the single-tier exception (as written) would seem to be applicable to all regulated operators, undermining the policy of limiting BST rate adjustments to an annual event. We seek comment on whether there are any single tier systems still operating. Although we recognize that subscriber and market demand for channel line-ups may change during the course of a year, operators under the annual system can either project these changes to the BST at the time of their annual filing or accrue these costs and reflect them in their next annual filing.

    Section 76.980. Section 623(b)(5)(C) of the Act requires that Commission regulations include “standards and procedures to prevent unreasonable charges for changes in the subscriber's selection of services or equipment subject to regulation under this section . . .” Section 76.980, which limits charges cable operators may impose for changes in service tiers, was adopted pursuant to this statutory directive. This rule protects subscribers from paying excessive service charges just for dropping or adding tiers of service. NCTA argues that § 76.980 is a rule that “should be eliminated as a matter of regulatory clean-up.” We seek comment on NCTA's claim. Did Congress provide for a sunset of the statutory requirement when it sunset CPST rate regulation, as NCTA suggests, or does the sunset apply only to regulations adopted under subsection (c) of section 623? Even if Congress did not sunset the statutory authority for § 76.980, we seek comment on whether the rule is still necessary to implement section 623(b)(5)(C) of the Act. If not, should we eliminate or narrow the rule, or are there policy reasons to retain it?

    Section 76.982. Section 76.982 implements section 623(j) of the Act, which allows franchise agreements entered into before July 1, 1990 to supersede section 623 of the Act and our implementing rules. Section 76.982 requires a cable operator to notify the Commission of its intent to continue regulating basic cable rates in accordance with this exemption to our rules. Any such franchise agreements would be more than 28 years old and thus this notice requirement has very limited, if any, relevance today. In the unlikely event that this issue arises, section 623(j) of the Act would still allow the regulatory exemption. Accordingly, we seek comment on whether we should eliminate § 76.982.

    Section 76.984. Section 76.984 was adopted to carry out the mandate of section 623(d) of the Act, which prohibits cable operators from selling the same cable service at different prices in different parts of a given franchise area unless the franchise area as a whole faces effective competition. Although commenters claim that § 76.984 should no longer be in effect, we tentatively disagree and believe that this provision continues to prevent anti-competitive behavior and promote competition. As discussed above, the 1996 Act amended section 623(c) to provide for the sunset of CPST rate regulation, but the requirement for uniform rates is found in section 623(d). Accordingly, we do not believe § 76.984 is subject to the sunset provision, and we seek comment on this issue as well as on whether the rule continues to serve the public interest.

    Section 76.963. Section 76.963 was adopted to limit the Commission's existing forfeiture authority from being applied to Commission orders resolving complaints regarding CPST service and equipment rates. In implementing this rule, the Commission stated that it “will not impose forfeitures on a cable operator simply because a rate for cable programming service is found to be unreasonable.” It appears that this rule is no longer needed due to the sunset of CPST regulation. Eliminating this rule does not affect the Commission's general authority to impose forfeitures for violations of specific rules or statutory provisions. We seek comment on eliminating this rule.

    Initial Regulatory Flexibility Act Analysis.—As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) relating to this FNPRM. The IRFA is set forth below.

    Paperwork Reduction Act.—The FNPRM may result in new or revised information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 through 3520). If the Commission adopts any new or revised information collection requirement, the Commission will publish a notice in the Federal Register inviting the public to comment on the requirement, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501-3520). In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how it might “further reduce the information collection burden for small business concerns with fewer than 25 employees.” In this present FNPRM, we have assessed the effects of the proposed changes to the Commission's rate regulations, including the modification of channel addition and deletion rules, the adoption of a streamlined process for establishing initial regulated rates, the sunset of a separate streamlined process for small systems, the sunset of the unabbreviated cost of service methodology, the modification of the Form 1235 methodology, and the clarification and or elimination of obsolete rules and forms and find that the policy changes are either neutral or reduce the burden on businesses with fewer than 25 employees.

    Ex Parte Rules.—This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. Ex parte presentations are permissible if disclosed in accordance with Commission rules, except during the Sunshine Agenda period when presentations, ex parte or otherwise, are generally prohibited. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. Memoranda must contain a summary of the substance of the ex parte presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with Section 1.1206(b) of the rules. In proceedings governed by Section 1.49(f) of the rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

    Filing Requirements.—Comments and Replies. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

    Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

    Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street SW, TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554.

    People with Disabilities. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    Availability of Documents. Comments and reply comments will be publicly available online via ECFS. These documents will also be available for public inspection during regular business hours in the FCC Reference Information Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th Street SW, Washington, DC 20554. The Reference Information Center is open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m.

    Initial Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission has prepared this Initial Regulatory Flexibility Analysis (IRFA) concerning the possible significant economic impact on small entities by the policies and rules proposed in this Further Notice of Proposed Rulemaking (FNPRM). Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments provided on the first page of the FNPRM. The Commission will send a copy of the FNPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). In addition, the FNPRM and IRFA (or summaries thereof) will be published in the Federal Register.

    Need for, and Objectives of, the Proposed Rules. This FNPRM addresses ways to modernize, update and streamline the cable rate regulations in Part 76 of the Federal Communications Commission's rules governing multichannel video and cable television service. The FNPRM seeks comment on whether to replace the existing rate regulation framework and seeks proposals for that. Alternatively, if the Commission keeps the existing rate regulation framework in place, the FNPRM seeks comment on a number of proposals to update and simplify it. The FNPRM proposes to simplify the cable rate regulatory scheme by streamlining the initial rate-setting methodology, clarify how cable operators may adjust their rates every year, and eliminate rate regulation of some equipment used to receive cable signals and small systems owned by small cable companies. This would enable the Commission to eliminate several rate forms that would no longer be necessary. These changes would relieve regulatory burdens, modernize and streamline cable rate regulations, and update regulations to account for the deregulation of cable programming service tier rates.

    Legal Basis. The proposed action is authorized pursuant to sections 1, 2(a), 3, 4(i), 4(j), 303(r), 601(3), 602, and 623 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 153, 154(i), 154(j), 303(r), 521, 522, 543.

    Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. Below, we provide a description of such small entities, as well as an estimate of the number of such small entities, where feasible.

    Cable Companies and Systems (Rate Regulation Standard). The Commission has also developed its own small business size standards, for the purpose of cable rate regulation. Under the Commission's rules, a “small cable company” is one serving 400,000 or fewer subscribers, nationwide. Industry data indicate that, of 1,076 cable operators nationwide, all but 11 are small under this size standard. In addition, under the Commission's rules, a “small system” is a cable system serving 15,000 or fewer subscribers. Industry data indicate that, of 6,635 systems nationwide, 5,802 systems have under 10,000 subscribers, and an additional 302 systems have 10,000-19,999 subscribers. Thus, under this second size standard, the Commission believes that most cable systems are small.

    Cable System Operators. The Act also contains a size standard for small cable system operators, which is “a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000.” The Commission has determined that an operator serving fewer than 677,000 subscribers shall be deemed a small operator, if its annual revenues, when combined with the total annual revenues of all its affiliates, do not exceed $250 million in the aggregate. Industry data indicate that, of 1,076 cable operators nationwide, all but 10 are small under this size standard. We note that the Commission neither requests nor collects information on whether cable system operators are affiliated with entities whose gross annual revenues exceed $250 million, and therefore we are unable to estimate more accurately the number of cable system operators that would qualify as small under this size standard.

    Small Governmental Jurisdictions. The small entity described as a “small governmental jurisdiction” is defined generally as “governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.” U.S. Census Bureau data from the 2012 Census of Governments indicates that there were 90,056 local governmental jurisdictions consisting of general purpose governments and special purpose governments in the United States. Of this number there were 37,132 General purpose governments (county, municipal and town or township) with populations of less than 50,000 and 12,184 Special purpose governments (independent school districts and special districts) with populations of less than 50,000. The 2012 U.S. Census Bureau data for most types of governments in the local government category shows that the majority of these governments have populations of less than 50,000. Based on this data we estimate that at least 49,316 local government jurisdictions fall in the category of “small governmental jurisdictions.” As discussed in the FNPRM, however, local governments are certified to rate regulate in only about 100 jurisdictions, and that includes governmental jurisdictions that are not small. Therefore, we expect the number of small governmental jurisdictions to which these rule changes would apply is likely under 100.

    Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. As indicated above, this FNPRM addresses ways to modernize, update and streamline the cable rate regulations in Part 76 of the Federal Communications Commission's rules governing multichannel video and cable television service. The FNPRM proposes to modify channel addition and deletion rules, streamline the process for establishing initial regulated rates, sunset a separate streamlined process for small systems and further deregulate small entities, sunset the single tier system headend surcharge methodology, sunset the unabbreviated cost of service methodology, modify the FCC Form 1235 methodology, clarify Commission jurisdiction over basic service tier rates, and the clarify and or eliminate obsolete rules and forms. These changes are necessary to relieve regulatory burdens, modernize and streamline cable rate regulations, and update regulations to account for the deregulation of cable programming service tier rates. All of the proposed rule changes are either neutral or reduce existing reporting, recordkeeping or other compliance requirements. Specifically, changes to the initial rate calculation methodology remove requirements that cable operators go back to 1992 records to justify their rate and systems serving 15,000 or fewer subscribers that are owned by small cable companies of 400,000 or fewer subscribers are relieved from all rate regulation.

    Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): “(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance, rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.” The Commission expects to more fully consider the economic impact on small entities following its review of comments filed in response to the FNPRM and this IRFA. Generally, the FNPRM seeks comment on: ways to modernize, update and streamline the cable rate regulations in Part 76 of the Federal Communications Commission's rules governing multichannel video and cable television service. The FNPRM proposes to modify channel addition and deletion rules, streamline the process for establishing initial regulated rates, sunset of a separate streamlined process for small systems and further deregulate small entities, sunset the single tier system headend surcharge methodology, sunset the unabbreviated cost of service methodology, modify the FCC Form 1235 methodology, clarify Commission jurisdiction over basic service tier rates, and the clarify and or eliminate obsolete rules and forms. These changes are necessary to relieve regulatory burdens, modernize and streamline cable rate regulations, and update regulations to account for the deregulation of cable programming service tier rates. All of the proposed rule changes are either neutral or reduce existing reporting, recordkeeping or other compliance requirements. Specifically, changes to the initial rate calculation methodology remove requirements that cable operators go back to 1992 records to justify their rate and systems serving 15,000 or fewer subscribers that are owned by small cable companies of 400,000 or fewer subscribers are relieved from all rate regulation.

    Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule. None.

    It is ordered that, pursuant to the authority found in sections 1, 2(a), 3, 4(i), 4(j), 303(r), 601(3), 602, and 623 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 153, 154(i), 154(j), 303(r), 521, 522, 543, this Further Notice of Proposed Rulemaking is adopted. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.

    List of Subjects in 47 CFR Part 76

    Cable television; Reporting and recordkeeping requirements.

    Federal Communications Commission. Cecilia Sigmund, Federal Register Liaison Officer, Office of the Secretary. Proposed Rules

    For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 76 as follows:

    PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE 1. The authority citation for part 76 continues to read as follows: Authority:

    47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572, 573.

    2. Amend § 76.911 by revising paragraph (b)(3) to read as follows:
    § 76.911 Petition for reconsideration of certification.

    (b) * * *

    (3) In any case in which a stay of rate regulation has been granted, if the petition for reconsideration is denied, the cable operator may be required to refund any rates or portion of rates above the permitted tier charge or permitted equipment charge in accordance with § 76.942.

    3. Revise § 76.922 to read as follows:
    § 76.922 Rates for the basic service tier.

    (a) Basic service tier rates. Basic service tier rates shall be subject to regulation by the Commission and by state and local authorities, as is appropriate, in order to assure that they are in compliance with the requirements of 47 U.S.C. 543. Rates that are demonstrated, in accordance with this part, not to exceed the permitted charge as described in this section, plus a charge for franchise fees, will be accepted as in compliance. The maximum monthly charges for regulated programming services shall not include any charges for equipment or installations. Charges for equipment and installations are to be calculated separately pursuant to § 76.923. Equipment and installation rates that are demonstrated not to exceed the maximum permitted rates as specified in § 76.923, will be accepted as in compliance. The initial rate-setting methodology used to set basic service tier rates shall continue to provide the basis for subsequent permitted charges.

    (b) Permitted charge. (1) The permitted charge for a tier of regulated program service shall be the maximum permitted rate calculated using FCC Forms 1240 and 1235. Permitted charges established prior to the effective date of this rule will be reviewed for conformance with the rules in effect at the time the permitted charges were established.

    (2) Establishment of newly regulated rates. (i) Cable systems shall use FCC Form 1240 to establish initial regulated rates.

    (ii) For newly regulated cable systems, including cable systems that are re-regulated following a change in regulatory status, the initial date of regulation for the basic service tier shall be the date on which notice is given by the local franchising authority that the basic service tier is subject to regulation under the generally applicable rate rules.

    (iii) For purposes of this section, rates in effect on the initial date of regulation shall be the rates charged to subscribers for service received on that date.

    (c) Annual rate adjustment method — (1) Generally. Except as provided for in paragraph (c)(2)(iii)(B) of this section and § 76.923(o), operators using the annual rate adjustment method may not adjust their rates more than annually to reflect inflation, changes in external costs, changes in the number of regulated channels, and changes in equipment costs. Operators must file on the same date a Form 1240 for the purpose of making rate adjustments to reflect inflation, changes in external costs and changes in the number of regulated channels and a Form 1205 for the purpose of adjusting rates for regulated equipment and installation. Operators may choose the annual filing date, but they must notify the franchising authority of their proposed filing date prior to their filing. Franchising authorities or their designees may reject the annual filing date chosen by the operator for good cause. If the franchising authority finds good cause to reject the proposed filing date, the franchising authority and the operator should work together in an effort to reach a mutually acceptable date. If no agreement can be reached, the franchising authority may set the filing date up to 60 days later than the date chosen by the operator. An operator may change its filing date from year to year, except, as described in paragraphs (c)(2)(iii)(B) of this section, at least twelve months must pass before the operator can implement its next annual adjustment.

    (2) Projecting inflation, changes in external costs, and changes in number of regulated channels. An operator using the annual rate adjustment method may adjust its rates to reflect inflation, changes in external costs and changes in the number of regulated channels that are projected for the 12 months following the date the operator is scheduled to make its rate adjustment pursuant to § 76.933.

    (i) Inflation adjustments. The residual component of a system's permitted charge may be adjusted annually to project for the 12 months following the date the operator is scheduled to make a rate adjustment. The annual inflation adjustment shall be based on inflation that occurred in the most recently completed quarter, converted to an annual factor. Adjustments shall be based on changes in the Gross National Product Price Index as published by the Bureau of Economic Analysis of the United States Department of Commerce.

    (ii) External costs. (A) Permitted charges for a tier may be adjusted annually to reflect actual changes in external costs experienced but not yet accounted for by the cable system, as well as for projections in these external costs for the 12-month period on which the filing is based. In order that rates be adjusted for projections in external costs, the operator must demonstrate that such projections are reasonably certain and reasonably quantifiable. Projections involving copyright fees, retransmission consent fees, other programming costs, Commission regulatory fees, and cable specific taxes are presumed to be reasonably certain and reasonably quantifiable. Operators may project for increases in franchise related costs to the extent that they are reasonably certain and reasonably quantifiable, but such changes are not presumed reasonably certain and reasonably quantifiable. Operators may pass through increases in franchise fees pursuant to § 76.933.

    (B) In all events, a system must adjust its rates every twelve months to reflect any net decreases in external costs that have not previously been accounted for in the system's rates.

    (C) Any rate increase made to reflect increases or projected increases in external costs must also fully account for all other changes and projected changes in external costs, inflation and the number of channels on regulated tiers that occurred or will occur during the same period. Rate adjustments made to reflect changes in external costs shall be based on any changes, plus projections, in those external costs that occurred or will occur in the relevant time periods since the periods used in the operator's most recent previous FCC Form 1240.

    (iii) Channel adjustments. (A) Permitted charges for a tier may be adjusted annually to reflect changes not yet accounted for in the number of regulated channels provided by the cable system, as well as for projected changes in the number of regulated channels for the 12-month period on which the filing is based. In order that rates be adjusted for projected changes to the number of regulated channels, the operator must demonstrate that such projections are reasonably certain and reasonably quantifiable.

    (B) An operator may make rate adjustments for the addition of required channels to the basic service tier that are required under federal or local law at any time such additions occur, subject to the filing requirements of § 76.933(c)(5), regardless of whether such additions occur outside of the annual filing cycle. Required channels may include must-carry, local origination, public, educational and governmental access and leased access channels. Should the operator elect not to pass through the costs immediately, it may accrue the costs of the additional channels plus interest, as described in paragraph (c)(3) of this section.

    (3) True-up and accrual of charges not projected. As part of the annual rate adjustment, an operator must “true up” its previously projected inflation, changes in external costs and changes in the number of regulated channels and adjust its rates for these actual cost changes. The operator must decrease its rates for overestimation of its projected cost changes, and may increase its rates to adjust for underestimation of its projected cost changes.

    (i) Where an operator has underestimated costs, future rates may be increased to permit recovery of the accrued costs plus 11.25% interest between the date the costs are incurred and the date the operator is entitled to make its rate adjustment.

    (ii) If an operator has underestimated its cost changes and elects not to recover these accrued costs with interest on the date the operator is entitled to make its annual rate adjustment, the interest will cease to accrue as of the date the operator is entitled to make the annual rate adjustment, but the operator will not lose its ability to recover such costs and interest. An operator may recover accrued costs between the date such costs are incurred and the date the operator actually implements its rate adjustment.

    (d) External costs. (1) External costs shall consist of costs in the following categories:

    (i) State and local taxes applicable to the provision of cable television service;

    (ii) Franchise fees;

    (iii) Costs of complying with franchise requirements, including costs of providing public, educational, and governmental access channels as required by the franchising authority;

    (iv) Retransmission consent fees and copyright fees incurred for the carriage of broadcast signals;

    (v) Other programming costs;

    (vi) Commission cable television system regulatory fees imposed pursuant to 47 U.S.C. 159; and

    (vii) Headend equipment costs necessary for the carriage of digital broadcast signals.

    (2) The permitted charge for a regulated tier shall be adjusted on account of programming costs, copyright fees and retransmission consent fees only for the program channels or broadcast signals offered on that tier.

    (3) Adjustments for external costs in the true-up portion of the FCC Form 1240 may be made on the basis of actual changes in external costs only. The starting date for adjustments to external costs for newly regulated or re-regulated systems shall be the implementation date of the actual rate in effect as of the initial date of regulation or re-regulation.

    (4) Changes in franchise fees shall not result in an adjustment to permitted charges, but rather shall be calculated separately as part of the maximum monthly charge per subscriber for a tier of regulated programming service.

    (5) Adjustments to permitted charges to reflect changes in the costs of programming purchased from affiliated programmers, as defined in § 76.901, shall be permitted as long as the price charged to the affiliated system reflects either prevailing company prices offered in the marketplace to third parties (where the affiliated program supplier has established such prices) or the fair market value of the programming.

    (i) For purposes of this section, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities.

    (ii) Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 provided, however, that:

    (A) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and

    (B) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more.

    (6) Adjustments to permitted charges on account of increases in costs of programming shall be further adjusted to reflect any revenues received by the operator from the programmer. Such adjustments shall apply on a channel by channel basis.

    (7) In calculating programming expense, operators may add a mark-up of 7.5% for increases in programming costs. Operators shall reduce rates to reflect decreases in programming costs and remove the 7.5% mark-up, if any, taken on the removed costs.

    (e) Changes in the number of channels on the regulated basic service tier.—(1) Generally. A system must adjust annually the residual component of its permitted rate for the basic service tier (“BST”) to reflect any decreases in the number of channels that were on the BST as of the initial date of regulation or May 14, 1994, whichever is later. Cable systems shall use FCC Form 1240 to justify rate changes made on account of changes in the number of channels on the BST.

    (2) Deletion of channels. (i) When dropping a channel from a BST, operators shall reflect the net reduction in external costs in their rates. With respect to channels to which the 7.5% markup on programming costs was applied, the operator shall treat the markup as part of its programming costs and subtract the markup from its external costs.

    (ii) For channels added to the BST after the initial date of regulation or May 14, 1994, whichever is later, operators shall remove the actual per channel adjustment taken for that channel when it was added to the BST.

    (iii) When removing channels results in a total BST channel count that is less than the number of channels that were on the BST as of the initial date of regulation or May 14, 1994, whichever is later, operators shall also reduce the price of the BST by any “residual” associated with the channel removal. For purposes of this calculation, the per channel residual is the permitted charge for the BST, minus the external costs and any per channel adjustments included in the permitted charge, divided by the total number of channels on the BST as of the initial date of regulation or May 14, 1994, whichever is later.

    (3) Movement of channels to the BST. When a channel is moved from another tier of service to the BST, the moved channel shall be treated as a new channel.

    (4) Substitution of channels on a BST. An operator may substitute a new channel for an existing channel on a BST to prevent a reduction in the total BST channel count to less than the number of channels that were on the BST as of the initial date of regulation or May 14, 1994, whichever is later. The substituted channel will carry the same residual as the original channel for which it was substituted. Operators substituting channels on a BST shall be required to reflect any reduction in programming costs in their rates and may reflect any increase in programming costs, including the 7.5% markup.

    (f) Permitted charges for a tier shall be determined in accordance with forms and associated instructions established by the Commission.

    (g) Network upgrade rate increase. (1) Cable operators that undertake significant network upgrades requiring added capital investment may justify an increase in rates for regulated services on FCC Form 1235 by demonstrating that the capital investment will benefit subscribers, including providing television broadcast programming in a digital format.

    (2) A rate increase on account of upgrades shall not be assessed on customers until the upgrade is complete and providing benefits to customers of regulated services.

    (3) Cable operators seeking an upgrade rate increase have the burden of demonstrating the amount of the net increase in costs, taking into account current depreciation expense, likely changes in maintenance and other costs, changes in regulated revenues and expected economies of scale.

    (4) Cable operators seeking a rate increase for network upgrades shall allocate net cost increases in conformance with the cost allocation rules as set forth in § 76.924.

    (5) Cable operators that undertake significant upgrades shall be permitted to increase rates by adding the benchmark/price cap rate to the rate increment necessary to recover the net increase in cost attributable to the upgrade.

    (h) Hardship rate relief. A cable operator may adjust charges by an amount specified by the Commission or the franchising authority for the basic service tier if it is determined that:

    (1) Total revenues from cable operations, measured at the highest level of the cable operator's cable service organization, will not be sufficient to enable the operator to attract capital or maintain credit necessary to enable the operator to continue to provide cable service;

    (2) The cable operator has prudent and efficient management; and

    (3) Adjusted charges on account of hardship will not result in total charges for regulated cable services that are excessive in comparison to charges of similarly situated systems.

    4. Amend § 76.923 by revising paragraphs (a)(1) and (n) to read as follows:
    § 76.923 Rates for equipment and installation used to receive the basic service tier.

    (a) * * *

    (1) The equipment regulated under this section consists of all equipment in a subscriber's home, provided and maintained by the operator, that is used to receive the basic service tier and video programming offered on a per channel or per program basis, if any, except if such equipment is additionally used to receive other tiers of programming service. Such equipment shall include, but is not limited to:

    (i) Converter boxes;

    (ii) Remote control units; and

    (iii) Inside wiring.

    (n) Timing of filings. An operator shall file FCC Form 1205 in order to establish its maximum permitted rates at the following times:

    (1) When the operator sets its initial regulated equipment rates;

    (2) On the same date it files its FCC Form 1240. If an operator elects not to file an FCC Form 1240 for a particular year, the operator must file a Form 1205 on the anniversary date of its last Form 1205 filing; and

    (3) When seeking to adjust its rates to reflect the offering of new types of customer equipment other than in conjunction with an annual filing of Form 1205, 60 days before it seeks to adjust its rates to reflect the offering of new types of customer equipment.

    5. Amend § 76.924 by: a. Revising paragraphs (a), (c), and (d)(1) introductory text; b. Removing and reserving paragraph (d)(2); and c. Revising paragraph (e).

    The revisions read as follows:

    § 76.924 Allocation to service cost categories.

    (a) Applicability. The requirements of this section are applicable to cable operators for which the basic service tier is regulated by local franchising authorities or the Commission. The requirements of this section are applicable for purposes of rate adjustments on account of external costs and for cost of service showings such as the FCC Form 1235.

    (c) Accounts level. Cable operators making cost of service showings or seeking adjustments due to changes in external costs shall identify investments, expenses and revenues at the franchise, system, regional, and/or company level(s) in a manner consistent with the accounting practices of the operator on its initial date of regulation or re-regulation. However, in all events, cable operators shall identify at the franchise level their costs of franchise requirements, franchise fees, local taxes and local programming.

    (d) * * * (1) Cable operators making cost of service showings shall report all investments, expenses, and revenue and income adjustments accounted for at the franchise, system, regional and/or company level(s) to the summary accounts listed below.

    (2) [Removed and Reserved]

    (e) Allocation to service cost categories. (1) For cable operators making cost of service showings, investments, expenses, and revenues contained in the summary accounts identified in paragraph (d) of this section shall be allocated among the Equipment Basket, as specified in § 76.923, and the following service cost categories:

    (i) Basic service cost category. The basic service category, shall include the cost of providing basic service as defined by § 76.901(a). The basic service cost category may only include allowable costs as defined by § 76.922.

    (ii) Cable programming services cost category. The cable programming services category shall include the cost of providing cable programming services as defined by § 76.901(b). The cable programming service cost category may include only allowable costs as defined in § 76.922.

    (iii) All other services cost category. The all other services cost category shall include the costs of providing all other services that are not included in the basic service or cable programming services cost categories as defined in paragraphs (e)(1)(i) and (ii) of this section.

    (2) Cable operators seeking an adjustment due to changes in external costs identified in FCC Form 1240 shall allocate such costs among the equipment basket, as specified in § 76.923, and the following service cost categories:

    (i) The basic service category as defined by paragraph (e)(1)(i) of this section;

    (ii) The cable programming services category as defined by paragraph (e)(1)(ii) of this section;

    (iii) The all other services cost category as defined by paragraph (e)(1)(iii) of this section.

    6. Revise § 76.930 to read as follows:
    § 76.930 Initiation of review of basic cable service and equipment rates.

    A cable operator shall file its rate justifications for the basic service tier and associated equipment with a franchising authority within 30 days of receiving written notification from the franchising authority that the franchising authority has been certified by the Commission to regulate rates for the basic service tier, or within 30 days from the date the franchising authority notifies the operator that the operator will be subject to the generally applicable rate rules because the operator's regulatory status has changed. Basic service and equipment rate filings for existing rates or proposed rate increases (including increases that result from reductions in the number of channels on a tier) must use the appropriate official FCC form, a copy thereof, or a copy generated by FCC software. Failure to file on the official FCC form, a copy thereof, or a copy generated by FCC software, may result in the imposition of sanctions specified in § 76.937(d). A cable operator shall include rate cards and channel line-ups with its filing and include an explanation of any discrepancy in the figures provided in these documents and its rate filing.

    7. Revise § 76.933 to read as follows:
    § 76.933 Franchising authority review of basic cable rates and equipment costs.

    (a) A cable operator that submits for review its existing rates for the basic service tier and associated equipment costs may continue the existing rates in effect pending franchising authority review and subject to the refund liability provisions of § 76.942.

    (b) A cable operator that submits for review a proposed change in its existing rates for the basic service tier and associated equipment costs, including a rate increase resulting from a network upgrade pursuant to § 76.922(g), shall do so no later than 90 days prior to the effective date of the proposed rates.

    (c)(1) The franchising authority will have 90 days from the date of the rate filing to review it. However, if the franchising authority or its designee concludes that the operator has submitted a facially incomplete filing, the franchising authority's deadline for issuing a decision, the date on which a rate increase may go into effect if no decision is issued, and the period for which refunds are payable will be tolled while the franchising authority is waiting for this information, provided that, in order to toll these effective dates, the franchising authority or its designee must notify the operator of the incomplete filing within 45 days of the date the filing is made.

    (2) If there is a material change in an operator's circumstances during the 90 day review period and the change affects the operator's rate filing, the operator may file an amendment to its rate filing prior to the end of the 90 day review period. If the operator files such an amendment, the franchising authority will have at least 30 days to review the filing. Therefore, if the amendment is filed more than 60 days after the operator made its initial filing, the operator's proposed rate change may not go into effect any earlier than 30 days after the filing of its amendment. However, if the operator files its amended application on or prior to the sixtieth day of the 90 day review period, the operator may implement its proposed rate adjustment, as modified by the amendment, 90 days after its initial filing.

    (3) If a franchising authority has taken no action within the 90 day review period, then the existing rates may continue in effect or the proposed rates may go into effect at the end of the review period, subject to a prospective rate reduction and refund if the franchising authority subsequently issues a written decision disapproving any portion of such rates, provided, however, that in order to order a prospective rate reduction and refund, if an operator inquires as to whether the franchising authority intends to issue a rate order after the 90 day review period, the franchising authority or its designee must notify the operator of its intent in this regard within 15 days of the operator's inquiry. If the franchising authority has not issued its rate order by the end of the 90 day review period, the franchising authority will have 12 months from the date the operator filed for the rate adjustment to issue its rate order. In the event that the franchising authority does not act within the 12-month period, it may not at a later date order a refund or a prospective rate reduction with respect to the rate filing.

    (4) At the time an operator files its rate justifications with the franchising authority, the operator may give customers notice of the proposed rate changes. Such notice should state that the proposed rate change is subject to approval by the franchising authority. If the operator is only permitted a smaller increase than was provided for in the notice, the operator must provide an explanation to subscribers on the bill in which the rate adjustment is implemented. If the operator is not permitted to implement any of the rate increase that was provided for in the notice, the operator must provide an explanation to subscribers within 60 days of the date of the franchising authority's decision. Additional advance notice is required if the rate to be implemented exceeds the previously noticed rate.

    (5) If an operator files for a rate adjustment for the addition of channels to the basic service tier that the operator is required by federal or local law to carry, the franchising authority has 60 days to review the requested rate. The proposed rate shall take effect at the end of this 60 day period unless the franchising authority rejects the proposed rate as unreasonable. The franchising authority shall be subject to the requirements described in paragraph (c)(1)-(3) of this section for ordering refunds and prospective rate reductions, except that the initial review period is 60 rather than 90 days.

    (6) When the franchising authority is regulating basic service tier rates, a cable operator may increase its rates for basic service to reflect the imposition of, or increase in, franchise fees or cable television system regulatory fees imposed pursuant to 47 U.S.C. 159. The increased rate attributable to Commission cable television system regulatory fees or franchise fees shall be subject to subsequent review and refund if the franchising authority determines that the increase in basic tier rates exceeds the increase in regulatory fees or in franchise fees allocable to the basic tier. This determination shall be appealable to the Commission pursuant to § 76.944. When the Commission is regulating basic service tier rates pursuant to § 76.945, an increase in those rates resulting from franchise fees or Commission regulatory fees shall be reviewed by the Commission pursuant to the mechanisms set forth in § 76.945.

    (d) If an operator files an FCC Form 1205 for the purpose of setting the rate for a new type of equipment under § 76.923(o), the franchising authority has 60 days to review the requested rate. The proposed rate shall take effect at the end of this 60 day period unless the franchising authority rejects the proposed rate as unreasonable. The franchising authority shall be subject to the requirements described in paragraph (c)(1)-(3) of this section for ordering refunds and prospective rate reductions, except that the initial review period is 60 rather than 90 days.

    8. Revise § 76.934 to read as follows:
    § 76.934 Small systems and small cable companies.

    (a) For purposes of rules governing the regulatory status of small systems, the size of a system or company shall be determined by reference to its size as of the date the system files with its franchising authority or the Commission the documentation necessary to qualify for the relief sought. Where relief is dependent upon the size of both the system and the company, the operator must measure the size of both the system and the company as of the same date. A small system shall be considered affiliated with a cable company if the company holds a 20 percent or greater equity interest in the system or exercises de jure control over the system.

    (b) A franchising authority that has been certified, pursuant to § 76.910, to regulate rates for basic service and associated equipment may permit a small system as defined in § 76.901 to certify that the small system's rates for basic service and associated equipment comply with § 76.922, the Commission's substantive rate regulations.

    (c) Regulation of small systems. A small system, as defined by § 76.901(c), that receives a notice of regulation from its local franchising authority must respond within the time periods prescribed in § 76.930.

    (d) Petitions for extension of time. Small systems may obtain an extension of time to establish compliance with rate regulations provided they can demonstrate that timely compliance would result in severe economic hardship. Requests for extension of time should be addressed to the local franchising authority. The filing of a request for an extension of time to comply with the rate regulations will not toll the effective date of rate regulation for small systems or alter refund liability for rates that exceed permitted levels.

    (e) Small Systems Owned by Small Cable Companies. Small systems owned by small cable companies are not subject to rate regulation as long as they meet the definitions of small system and small cable company. When a system no longer qualifies for deregulatory status, the system must give the franchising authority notice of its change in status. The system may maintain the actual rates it charged prior to its loss of small system status, but future rate adjustments will be subject to generally applicable rate regulations. After receiving notice of regulation from the franchising authority, the system shall file its schedule of rates consistent with § 76.930 of this subpart.

    (f) For rules governing small cable operators, see § 76.990 of this subpart.

    9. Revise § 76.935 to read as follows:
    § 76.935 Participation of interested parties.

    In order to regulate basic tier rates or associated equipment costs, a franchising authority must have procedural laws or regulations applicable to rate regulation proceedings that provide a reasonable opportunity for consideration of the views of interested parties. Such rules must take into account the time periods that franchising authorities have to review rates under § 76.933.

    10. Amend § 76.937 by: a. Removing paragraph (c); b. Redesignating paragraphs (d) and (e) as paragraphs (c) and (d); and c. Revising newly redesignated paragraph (d).

    The revision reads as follows:

    § 76.937 Burden of proof.

    (d) A franchising authority or the Commission may order a cable operator that has filed a facially incomplete form to file supplemental information, and the franchising authority's deadline to rule on the reasonableness of the proposed rates will be tolled pending the receipt of such information. A franchising authority may set reasonable deadlines for the filing of such information, and may find the cable operator in default and mandate appropriate relief, pursuant to paragraph (c) of this section, for the cable operator's failure to comply with the deadline or otherwise provide complete information in good faith.

    11. Revise § 76.938 to read as follows:
    § 76.938 Proprietary information.

    A franchising authority may require the production of proprietary information to make a rate determination in those cases where cable operators have submitted initial rates for review, or have proposed rate increases. The franchising authority shall state a justification for each item of information requested and, where related to an FCC form filing, indicate the question or section of the form to which the request specifically relates. Upon request to the franchising authority, the parties to a rate proceeding shall have access to such information, subject to the franchising authority's procedures governing non-disclosure by the parties. Public access to such proprietary information shall be governed by applicable state or local law.

    12. Revise § 76.939 to read as follows:
    § 76.939 Truthful written statements and responses to requests of franchising authority.

    Cable operators shall comply with franchising authorities' and the Commission's requests for information, orders, and decisions. Any information submitted to a franchising authority or the Commission in making a rate determination pursuant to an FCC form filing is subject to the provisions of § 1.17 of this chapter.

    13. Revise § 76.942 to read as follows:
    § 76.942 Refunds.

    (a) A franchising authority (or the Commission, pursuant to § 76.945) may order a cable operator to refund to subscribers that portion of previously paid rates determined to be in excess of the permitted tier charge or above the actual cost of equipment. Before ordering a cable operator to refund previously paid rates to subscribers, a franchising authority (or the Commission) must give the operator notice and opportunity to comment.

    (b) The refund period shall run as follows:

    (1) From the date the operator implements the rate under review until it reduces the rate in compliance with a valid rate order or justifies that rate or a higher rate in its next rate filing, whichever is sooner, however, the refund period shall not begin before the initial date of regulation.

    (2) For rates in effect and justified on rate forms filed before the effective date of this rule, as amended, the refund period shall be determined by the rules in effect at the time of filing.

    (3) Refund liability shall be calculated on the reasonableness of the rates as determined by the rules in effect during the period under review by the franchising authority or the Commission.

    (c) The cable operator, in its discretion, may implement a refund in the following manner:

    (1) By returning overcharges to those subscribers who actually paid the overcharges, either through direct payment or as a specifically identified credit to those subscribers' bills; or

    (2) By means of a prospective percentage reduction in the rates for the basic service tier or associated equipment to cover the cumulative overcharge. The refund shall be reflected as a specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable system.

    (d) Refunds shall include interest computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments.

    (e) Once an operator has implemented a rate refund to subscribers in accordance with a refund order by the franchising authority (or the Commission pursuant to paragraph (a) of this section), the franchising authority must return to the cable operator an amount equal to that portion of the franchise fee that was paid on the total amount of the refund to subscribers. The franchising authority must promptly return the franchise fee overcharge either in an immediate lump sum payment, or the cable operator may deduct it from the cable system's future franchise fee payments. The franchising authority has the discretion to determine a reasonable repayment period, but interest shall accrue on any outstanding portion of the franchise fee starting on the date the operator has completed implementation of the refund order. In determining the amount of the refund, the franchise fee overcharge should be offset against franchise fees the operator holds on behalf of the franchising authority for lump sum payment. The interest rate on any refund owed to the operator presumptively shall be 11.25%.

    14. Amend § 76.944 by revising paragraph (c) as follows:
    § 76.944 Commission review of franchising authority decisions on rates for the basic service tier and associated equipment.

    (c) An operator that uses the annual rate adjustment method under § 76.922(c) may include in its next true up under § 76.922(c)(3) any amounts to which the operator would have been entitled but for a franchising authority decision that is not upheld on appeal.

    15. Revise § 76.945 to read as follows:
    § 76.945 Procedures for Commission review of basic service rates.

    (a) Upon assumption of rate regulation authority, the Commission will notify the cable operator and require the cable operator to file its basic rate schedule with the Commission within 30 days, with a copy to the local franchising authority.

    (b) Basic service and equipment rate schedule filings for existing rates or proposed rate increases or adjustments (including increases that result from reductions in the number of channels in a tier) must use the official FCC form, a copy thereof, or a copy generated by FCC software. Failure to file on the official FCC form or a copy may result in the imposition of sanctions specified in § 76.937(c).

    (c) Filings for existing rates or proposed rate increases or adjustments must be made 90 days prior to the proposed effective date and can become effective on the proposed effective date unless the Commission issues an order deferring the effective date or denying the rate proposal. Petitions opposing such filings must be filed within 15 days of public notice of the filing by the cable operator and be accompanied by a certificate that service was made on the cable operator and the local franchising authority. The cable operator may file an opposition within five days of the filing of the petition, certifying to service on both the petitioner and the local franchising authority.

    § 76.963 [Removed]
    16. Remove § 76.963.
    § 76.982 [Removed]
    17. Remove § 76.982. 18. Amend § 76.990 by: a. Revising paragraphs (a) and (b)(2); b. Removing paragraph (b)(3); and c. Revising paragraph (c).

    The revisions read as follows:

    § 76.990 Small cable operators.

    (a) A small cable operator is exempt from rate regulation on its basic service tier if that tier was the only service tier subject to rate regulation as of December 31, 1994, in any franchise area in which that operator services 50,000 or fewer subscribers.

    (b) * * *

    (2) Once the operator has certified its eligibility for deregulation on the basic service tier, the local franchising authority shall not prohibit the operator from taking a rate increase and shall not order the operator to make any refunds unless and until the local franchising authority has rejected the certification in a final order that is no longer subject to appeal or that the Commission has affirmed. The operator shall be liable for refunds for revenues gained (beyond revenues that could be gained under regulation) as a result of any rate increase taken during the period in which it erroneously claimed to be deregulated, plus interest, in the event the operator is later found not to be deregulated. The limits on refund liability will not be applicable during that period to ensure that the filing of an invalid small operator certification does not reduce any refund liability that the operator would otherwise incur.

    (c) Transition from small cable operator status. If a small cable operator subsequently becomes ineligible for small operator status, the operator will become subject to regulation but may maintain the rates it charged prior to losing small cable operator status if such rates were in effect for three months preceding the initial date of regulation. Upon regulation, actual rates and subsequent rate increases will be subject to generally applicable regulations governing rates and rate increases. A cable operator must give its franchising authority notice of its change in status. The system shall file its rate justifications consistent with § 76.930. For rules governing small cable systems and small cable companies, see § 76.934.

    § 76.1805 [Removed]
    19. Remove § 76.1805.
    [FR Doc. 2018-25325 Filed 11-26-18; 8:45 am] BILLING CODE 6712-01-P
    GENERAL SERVICES ADMINISTRATION 48 CFR Parts 501, 536, and 552 [GSAR Case 2015-G506; Docket No. GSAR-2018-0013; Sequence No. 1] RIN 3090-AJ64 General Services Administration Acquisition Regulation (GSAR); Adoption of Construction Project Delivery Method Involving Early Industry Engagement—Construction Manager as Constructor (CMc); Correction AGENCY:

    Office of Acquisition Policy, General Services Administration (GSA).

    ACTION:

    Proposed rule; Correction.

    SUMMARY:

    The General Services Administration (GSA) is issuing a correction to GSAR Case 2015-G506; Adoption of Construction Project Delivery Method Involving Early Industry Engagement—Construction Manager as Constructor (CMc). The document heading carried an incorrect Regulatory Information Number (RIN) in the header. This document carries the correct RIN.

    DATES:

    Comments for the proposed rule published November 8, 2018 continue to be accepted on or before January 7, 2019 to be considered in the formulation of the final rule.

    ADDRESSES:

    Submit comments identified by GSAR Case 2015-G503 by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for “GSAR Case 2015-G506”. Select the link “Comment Now” that corresponds with GSAR Case 2015-G506. Follow the instructions provided on the screen. Please include your name, company name (if any), and “GSAR Case 2015-G506” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division, 1800 F Street NW, ATTN: Lois Mandell Washington, DC 20405.

    Instructions: Please submit comments only and cite GSAR Case 2015-G506 in all correspondence related to this case. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    For clarification about content, contact Mr. Tony O. Hubbard, General Services Acquisition Policy Division, GSA, by phone at 202-357-5810 or by email at [email protected] For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division by mail at 1800 F Street NW, Washington, DC 20405, or by phone at 202-501-4755. Please cite GSAR Case 2015-G506, Construction Manager as Constructor Contracting.

    SUPPLEMENTARY INFORMATION:

    On November 8, 2018, at 83 FR 55838, GSA published a proposed rule to amend the GSAR to revise sections of GSAR Part 536, Construction and Architect-Engineer Contracts, and corresponding clauses in GSAR Part 552, Solicitation Provisions and Contract Clauses to incorporate CMc contracting. The document's heading contained the incorrect RIN, “RIN 3090-AI81”. This correct RIN is “RIN 3090-AJ64” and is contained in the heading of this correction.

    Authority:

    40 U.S.C. 121(c).

    Dated: November 20, 2018. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2018-25741 Filed 11-26-18; 8:45 am] BILLING CODE 6820-61-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180702599-8599-01] RIN 0648-BI03 Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 6; Revised 2018-2019 Specifications AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    This rule proposes to approve and implement measures submitted by the New England Fishery Management Council in Framework Adjustment 6 to the Northeast Skate Complex Fishery Management Plan and revise the 2018-2019 specifications. This action would reduce the management uncertainty buffer between the annual catch limit and the annual catch target from 25 to 10 percent, which would result in increasing the annual catch target and total allowable landings for the 2018-2019 fishing years by 20 percent. This action is necessary to allow the skate wing total allowable landing to be achieved while minimizing the need to restrict fishing operations through incidental possession limits. This action intends to extend the directed fishing time for both the skate wing and bait fisheries.

    DATES:

    Public comments must be received by December 12, 2018.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2018-0123, 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-2018-0123,

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

    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 to Skate Framework Adjustment 6.”

    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 submitted as instructed that we receive are a 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). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

    New England Fishery Management Council staff prepared an environmental assessment (EA) for Northeast Skate Complex Framework Adjustment 6 that describes the proposed action and other considered alternatives. The EA provides an analysis of the biological, economic, and social impacts of the proposed measures and other considered alternatives and economic analysis. Copies of the Framework 6 EA are available on request from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950. This document is also available from the following internet addresses: http://www.nefmc.org and www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0123.

    FOR FURTHER INFORMATION CONTACT:

    Emily Gilbert, Fishery Policy Analyst, (978) 281-9244.

    SUPPLEMENTARY INFORMATION:

    Background

    The Northeast Skate Complex Fishery Management Plan (FMP), developed by the New England Fishery Management Council and implemented in 2003, manages a complex of seven skate species (barndoor, clearnose, little, rosette, smooth, thorny, and winter skate) off the New England and mid-Atlantic coasts. Skates are harvested and managed in two different fisheries: One for food (the wing fishery) and one for lobster and crab bait (the bait fishery).

    The fishing year for skates is from May 1 to April 30. The directed wing fishery is managed using possession limits in two separate seasons. The bait fishery has possession limits in three separate seasons (Table 1). When catch approaches the seasonal total allowable landings (TAL), a lower, more restrictive incidental limit is implemented to slow harvest and help ensure that seasonal quotas are not exceeded.

    Table 1—Possession Limits per Trip for Fishing Years 2018-2019 Skate possession limits * Trip limits Skate wings Whole skates Barndoor ** skate wings Whole barndoor ** skates NE Multispecies, Scallop, or Monkfish Day-At-Sea (DAS): Season 1 (May 1-August 31) 2,600 lb, 1,179 kg 5,902 lb, 2,677 kg 650 lb, 295 kg 1,476 lb, 670 kg. Season 2 (September 1-April 30) 4,100 lb, 1,860kg 9,307 lb, 4,222 kg 1,025 lb, 465 kg 2,327 lb, 1,056 kg. NE Multispecies B DAS: May 1-April 30 220 lb, 100 kg 500 lb, 227 kg 0 0. Non-DAS: May 1-April 30 500 lb, 227 kg 1,135 lb, 515 kg 0 0. Whole skate with bait Letter of Authorization: May 1-October 31 0 25,000 lb, 11,340 kg 0 0. November 1-April 30 0 12,000 lb, 5,443 kg 0 0. * Possession limits may be modified in-season in order to prevent catch from exceeding quotas. ** Barndoor skate trip limits are within the overall skate possession limit for each trip, not in addition to it.

    In recent years, a combination of lower overall catch limits and strong fishery participation has caused the incidental limits in both the wing and bait fisheries to be triggered with several months remaining in the fishing year. To address this issue for the bait fishery, the Council developed and NMFS implemented Framework Adjustment 4 in March 2018 to better control the catch of skate bait throughout the fishing year (83 FR 6133; February 13, 2018). Similarly, in January 2018, the Council initiated Framework Adjustment 6 to adjust measures to extend the directed skate wing fishing year and reduce negative impacts when skate wing incidental limits are triggered. The Council took final action on Framework 6 at its June 2018 meeting.

    Proposed Measures

    This action would adjust the management uncertainty buffer between the annual catch limit (ACL) and annual catch target (ACT) in the skate FMP. The current uncertainty buffer between the ACL and ACT is 25 percent (i.e., ACT = 75 percent of ACL). This action would reduce this buffer to 10 percent, allowing for an increase in the TALs allocated to both the wing and bait fisheries. Council analysis indicates that this revised buffer would likely delay the need to implement the restrictive incidental limit of 500 lb (227 kg) in the wing fishery until closer to the end of the fishing year. For the bait fishery, this buffer reduction is expected to delay the incidental trigger until around March. The analyses within Framework 6 indicate that the level of management uncertainty within the skate fishery has likely reduced since the implementation of the ACL operational framework in 2010. For example, management controls put in place have been effective at constraining catch; species identification and catch accounting has improved; ACLs have not been exceeded, and only minor overages of fishery TALs have occurred.

    Revised 2018-2019 Specifications

    The proposed modification to the management uncertainty buffer would result in adjustments to the 2018-2019 specifications implemented through Framework Adjustment 5 (83 FR 48985; September 28, 2018). NMFS is proposing the following revised specifications for the 2018-2019 fishing years as recommended by the Council in Framework 6:

    1. The acceptable biological catch and ACL would remain at 31,327 mt;

    2. An ACT of 28,194 mt (90 percent of the ACL);

    3. A TAL of the 15,788 mt for the entire skate fishery;

    4. A TAL of 10,499 mt for the wing fishery, that is divided in two seasons according to the current regulations at 50 CFR 648.322. In season 1 (May 1-August 31) the TAL would be 5,984 mt (57 percent), and the remainder of the TAL allocated to Season 2 (September 1-April 30). As the 2018 fishing year started on May 1, the wing TALs would be retroactively increased. The regulations for the skate fishery allow for unused wing TAL from Season 1 to be rolled-over to Season 2. NMFS estimates that 4,490 mt of wings were landed in Season 1, and therefore 497 mt can be rolled over to Season 2 in 2018. Given this, the Season 2 wing TAL in 2018 would be approximately 5,012 mt.

    5. A TAL of 5,289 mt for the bait fishery that is divided into three seasons according to the current regulations at § 648.322. In Season 1 (May 1-July 31) the TAL would be 1,629 mt (30.8 percent); in Season 2 (August 1-October 31) the TAL would be 1,962 mt (37.1 percent), and the remainder (1,698 mt) would be allocated to Season 3 (November 1-April 30). As the 2018 fishing year started on May 1, the bait TALs would be retroactively increased. The regulations for the skate fishery allow for the unused bait TAL from Seasons 1 and 2 to be rolled-over to Season 3. Therefore, once TALs are revised for Seasons 1 and 2 and landings have been accounted for, NMFS would adjust the 2018 Season 3 bait TAL accordingly. At a minimum the 2018 Season 3 bait TAL is expected to increase by 598 mt (i.e., the sum of the proposed revised 2018 Season 1 and Season 2 bait TALs under Skate Framework 6, minus the sum of the Season 1 and 2 bait TALs under the 2018-2019 specifications implemented through Skate Framework 5).

    The Council reviewed the proposed regulations and deemed them necessary and appropriate to implement consistent with section 303(c) of the Magnuson-Stevens Conservation and Management Act.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has made a preliminary determination that this proposed rule is consistent with the FMP, Framework 6, 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 that this proposed rule, if adopted, would not have a significant economic effect on a substantial number of small entities. The factual basis for this determination is as follows.

    The purpose of this action is to allow the skate wing TAL to be achieved while minimizing the need to restrict fishing operations through incidental possession limits. As proposed, this action would reduce the management uncertainty buffer between the skate ACL and the ACT from 25 to 10 percent, which would result in increasing the ACT and TAL for the 2018-2019 fishing years by 20 percent. This action, if implemented, is expected to extend the directed fishing year for both the skate wing and bait fisheries and allow higher magnitude landings for a longer portion of the fishing year.

    The action would impact vessels or affiliated groups that hold Federal skate permits and participate in skate fisheries. The Council's analysis of 2017 data, the most recent complete set of data available, indicates that the skate fishery had 288 affiliated groups with single permits, and another 91 vessels belonged to affiliated groups that hold 2 or more permits. It is difficult to quantitatively analyze the economic impacts of increasing TALs, as economic impacts would have to be compared against 2015 fishing year data (the last year in which the incidental possession limit was not imposed) when TALs were higher than the proposed revised 2018 levels under Framework 6. Therefore, a qualitative analysis is described below.

    For Regulatory Flexibility Act (RFA) purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business 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 determination as to whether the entity is large or small is based on a 3-year average of annual revenue.

    Affiliate data are assembled by NMFS, as of June 1st each year, for analysis required by the RFA. During fishing year 2017, 334 regulated entities landed skates; 330 entities were small and 4 were large. All 334 entities could be directly regulated by this proposed action.

    This action, which proposes to increase the ACT and TALs for the 2018-2019 fishing years by 20 percent, is expected to result in increased revenues and economic benefits. This action is not expected to have a significant economic impact on a substantial number of small entities. The effects of this action on the regulated small entities in this analysis are expected to be positive. Under the proposed action, small entities would not be placed at a competitive disadvantage relative to large entities, and the regulations would not reduce profits for any small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

    This rule would not establish any new reporting or recordkeeping requirements.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: November 20, 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 § 648.320, paragraph (a)(4) is revised to read as follows:
    § 648.320 Skate FMP review and monitoring.

    (a) * * *

    (4) Based on the annual review described above and/or the Stock Assessment and Fishery Evaluation (SAFE) Report described in paragraph (b) of this section, recommendations for acceptable biological catch (ABC) from the Scientific and Statistical Committee, and any other relevant information, the Skate PDT shall recommend to the Skate Committee and Council the following annual specifications for harvest of skates: An annual catch limit (ACL) for the skate complex set less than or equal to ABC; an annual catch target (ACT) for the skate complex set less than or equal to 90 percent of the ACL; and total allowable landings (TAL) necessary to meet the objectives of the FMP in each fishing year (May 1-April 30), specified for a period of up to 2 fishing years.

    3. In § 648.323, paragraph (b)(1) is revised to read as follows:
    § 648.323 Accountability measures.

    (b) * * *

    (1) If the ACL is determined to have been exceeded in any given year, based upon, but not limited to, available landings and discard information, the percent buffer between ACL and ACT shall be increased by 1 percent for each 1-percent ACL overage in the second fishing year following the fishing year in which the ACL overage occurred, through either the specifications or framework adjustment process described under §§ 648.320 and 648.321.

    [FR Doc. 2018-25727 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    83 228 Tuesday, November 27, 2018 Notices DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance AGENCY:

    Economic Development Administration, U.S. Department of Commerce.

    ACTION:

    Notice and opportunity for public comment.

    SUMMARY:

    The Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of the firms contributed importantly to the total or partial separation of the firms' workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.

    SUPPLEMENTARY INFORMATION:

    List of Petitions Received by EDA for Certification of Eligibility To Apply for Trade Adjustment Assistance [10/12/2018 through 11/19/2018] Firm name Firm address Date accepted for investigation Product(s) Truebite, Inc 2590 Glenwood Road, Vestal, NY 13850 11/7/2018 The firm manufactures custom nail files for the promotional products industry. Tuff-Bilt Tractors Manufacturing, Inc 2801 I Avenue, Walthill, NE 68067 11/8/2018 The firm manufactures tractors and farm implements. Stephens Precision, Inc 293 Industrial Drive, Bradford, VT 05033 11/13/2018 The firm manufactures custom metal and plastic parts for aerospace, defense, and other industries. Fuller Foods, Inc 5040 SE Milwaukie Avenue, Portland, OR 97202 11/16/2018 The firm manufactures cheesy puffs, a snack food. The Homer Laughlin China Company 672 Fiesta Drive, Newell, WV 26050 11/19/2018 The firm manufactures ceramic dinnerware for retail and foodservice markets.

    Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended.

    Please follow the requirements set forth in EDA's regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms.

    Irette Patterson, Program Analyst.
    [FR Doc. 2018-25743 Filed 11-26-18; 8:45 am] BILLING CODE 3510-WH-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-096] Aluminum Wire and Cable From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation AGENCY:

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

    DATES:

    Applicable November 27, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Nancy Decker at (202) 482-0196, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

    SUPPLEMENTARY INFORMATION: Background

    On October 11, 2018, the Department of Commerce (Commerce) initiated the countervailing duty (CVD) investigation of aluminum wire and cable from the People's Republic of China.1 Currently, the preliminary determination is due no later than December 17, 2018.

    1See Aluminum Wire and Cable from the People's Republic of China: Initiation of Countervailing Duty Investigation, 83 FR 52805 (October 18, 2018).

    Postponement of the Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1)(A) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if a petitioner makes a timely request for a postponement. Under 19 CFR 351.205(e), a petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reason for the request. Commerce will grant the request unless it finds compelling reasons to deny the request.2

    2See 19 CFR 351.205(e).

    On November 14, 2018, Encore Wire Corporation, a petitioner in this investigation, submitted a timely request pursuant to section 703(c)(1)(A) of the Act and 19 CFR 351.205(e) to postpone fully the preliminary determination. Encore stated that the purpose of its request was to provide Commerce with sufficient time to receive and analyze the questionnaire responses of the mandatory respondents.3

    3See Letter from Encore to Commerce, “Aluminum Wire and Cable from China: Petitioner's Request for Postponement of the Preliminary Determination,” dated November 14, 2018.

    In accordance with 19 CFR 351.205(e), the reason for requesting a postponement of the preliminary determination and the record does not present any compelling reasons to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to February 19, 2019.4 Pursuant to section 705(a)(l) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date.

    4 In this case, 130 days after initiation falls on February 18, 2019, a federal holiday. Commerce's practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).

    This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(l).

    Dated: November 20, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2018-25824 Filed 11-26-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG646 False Killer Whale Take Reduction Team; Meeting Announcement AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    NMFS announces a public meeting of the False Killer Whale Take Reduction Team (FKWTRT) on November 29, 2018 in order to provide recommendations on amendments to the False Killer Whale Take Reduction Plan (FKWTRP). The meeting will be held via conference call. Members of the public may submit written comments; the comments must be received within 14 days of the completion of the meeting.

    DATES:

    The meeting of the FKWTRT will be held via conference call on November 29, 2018, from 10 a.m. to 12 p.m. Hawaii Standard Time (or until business is concluded).

    ADDRESSES:

    The public meeting will be conducted via conference call. For details on how to call in to the conference line, please contact Kevin Brindock, Comments may be submitted to the address provided in FOR FURTHER INFORMATION CONTACT.

    FOR FURTHER INFORMATION CONTACT:

    Kevin Brindock, NMFS Pacific Islands Regional Office; 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818; telephone: 808-725-5146; facsimile: 808-725-5146; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Section 118(f)(1) of the Marine Mammal Protection Act (MMPA) requires NMFS to develop and implement take reduction plans designed to assist in the recovery or prevent the depletion of each strategic stock that interacts with Category I and II fisheries. In accordance with Section 118(f)(6) of the MMPA, NMFS established the FKWTRT (75 FR 2853, January 19, 2010) to develop a draft take reduction plan to assist in the recovery and prevent the depletion of the Hawaii pelagic stock and Hawaii insular stock of false killer whales. On November 29, 2012, NMFS published regulations implementing provisions of the False Killer Whale Take Reduction Plan (FKWTRP; 77 FR 71260) to reduce the level of incidental mortality and serious injury (M&SI) of these two stocks of false killer whales in the Hawaii longline fisheries. In accordance with Section 118(f)(7), NMFS convenes periodically the FKWTRT to monitor the effectiveness and implementation of the FKWTRP, and to recommend amendments that may be necessary to meet that objectives of the FKWTRP. More information can be found on the FKWTRT website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/false-killer-whale-take-reduction.

    Meeting Topics

    The purpose of the November 29, 2018, conference call is to review current information and develop consensus recommendations for the FKWTRP to reduce M&SI of false killer whales and meet the goals of the FKWTRP and the MMPA.

    Special Accommodations

    The conference call is accessible to people with disabilities. Requests for auxiliary aids should be directed to Kevin Brindock at 808-725-5146 at least seven working days prior to the meeting.

    Authority:

    16 U.S.C. 1361 et seq.

    Dated: November 21, 2018. Donna Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2018-25870 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG637 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The Gulf of Mexico Fishery Management Council will hold a one-day meeting of its Ad Hoc Reef Fish Headboat Advisory Panel.

    DATES:

    The meeting will convene on Tuesday, December 11, 2018, from 8:30 a.m. to 5 p.m. EDT.

    ADDRESSES:

    The meeting will take place at the Gulf Council Office. Council address: Gulf of Mexico Fishery Management Council, 4107 West Spruce Street, Suite 200, Tampa, FL 33607; telephone: (813) 348-1630.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Assane Diagne, Economist, Gulf of Mexico Fishery Management Council; [email protected], telephone: (813) 348-1630.

    SUPPLEMENTARY INFORMATION:

    Tuesday, December 11, 2018; 8:30 a.m.-5 p.m., EDT: 1. Adoption of Agenda 2. Approval of September 2017 Meeting Summary 3. Scope of Work 4. Reef Fish Management for Headboat Survey Vessels a. Decision Tool for Initial Individual Allocations b. Draft Reef Fish Amendment 42 (Background Material) c. G Referendum Eligibility Requirements (Background Material) 5. Reef Fish Amendment 50—State Management 6. Historical Captain Permits Conversion Into Standard For-Hire Permits 7. Other Business — Meeting Adjourns—

    The Agenda is subject to change, and the latest version along with other meeting materials will be posted on www.gulfcouncil.org as they become available.

    The meeting will be webcast over the internet. A link to the webcast will be available on the Council's website, http://www.gulfcouncil.org.

    Although other non-emergency issues not on the agenda may come before the Advisory Panel for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, those issues may not be the subject of formal action during this meeting. Actions of the Advisory Panel will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira at the Gulf Council Office (see ADDRESSES), at least 5 working days prior to the meeting.

    Dated: November 21, 2018. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-25828 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG640 Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting (webinar).

    SUMMARY:

    The Pacific Fishery Management Council (Pacific Council) and the National Marine Fisheries Service Northwest Fisheries Science Center (NWFSC) will hold a meeting via webinar to discuss data issues and solicit participants' knowledge to inform new stock assessments for cabezon. The webinar meeting is open to the public.

    DATES:

    The Pacific Council and NWFSC webinar will be held Friday, December 14, 2018, from 10 a.m. to noon, Pacific Standard Time or until business for the day has been completed.

    ADDRESSES:

    The Pacific Council and NWFSC meeting will be held by webinar. To attend the webinar, (1) join the meeting by visiting this link https://www.gotomeeting.com/webinar, (2) enter the webinar ID: 528-106-707, and (3) enter your name and email address (required). After logging into the webinar, please (1) dial this TOLL number: 1-213-929-4232 (not a toll-free number); (2) enter the attendee phone audio access code: 308-416-601; and (3) then enter your audio phone pin (shown after joining the webinar). NOTE: We have disabled mic/speakers as an option and require all participants to use a telephone or cell phone to participate. Technical Information and System Requirements: PC-based attendees are required to use Windows® 7, Vista, or XP; Mac®-based attendees are required to use Mac OS® X 10.5 or newer; Mobile attendees are required to use iPhone®, iPad®, AndroidTM phone or Android tablet (see the https://www.gotomeeting.com/webinar/ipad-iphone-android-webinar-apps). You may send an email to Mr. Kris Kleinschmidt at [email protected] or contact him at (503) 820-2280, extension 411 for technical assistance.

    Public listening stations will also be available at the following locations:

    • Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220;

    • Room FSH 203, School of Aquatic and Fishery Sciences, University of Washington, Seattle, WA 98195; and

    • Barry Fisher Room, Guin Library, Hatfield Marine Science Center, 2030 Marine Science Drive, Newport, OR 97365.

    Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220.

    FOR FURTHER INFORMATION CONTACT:

    Mr. John DeVore, Staff Officer, Pacific Fishery Management Council; telephone: (503) 820-2413.

    SUPPLEMENTARY INFORMATION:

    The purpose of the Pacific Council and NWFSC webinar meeting is to review available data and solicit knowledge from participants that may inform the next assessments of West Coast cabezon scheduled to be conducted next year.

    No management actions will be decided by participants in the Pacific Council and NWFSC webinar meeting. Information gathered during the webinar may be used to inform next year's assessments of cabezon on the West Coast.

    Although nonemergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent of the webinar participants to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820-2411 at least 10 days prior to the meeting date.

    Dated: November 21, 2018. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-25829 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG632 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Northeast Trawl Advisory Panel (NTAP) of the Mid-Atlantic Fishery Management Council will hold a meeting.

    DATES:

    The meeting will be held on Monday, December 17, beginning at 9 a.m. and conclude by 4:30 p.m. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will be held at the Northeast Fisheries Science Center (NEFSC) office located on 28 Tarzwell Dr., Narragansett, RI 02882 and available via webinar (http://www.mafmc.org/ntap).

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331; www.mafmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

    SUPPLEMENTARY INFORMATION:

    The purpose of this meeting is to: (1) Review results of the Nov. 19th Working Group meeting, (2) update on the status of the flume tank experiments, (3) update on evaluation of effect of wingspread on assessment results, (4) update on results of the 2018 fall survey, (5) update on the project to collect and evaluate fishery ecological knowledge of Gulf of Maine flatfish distribution shifts and their impacts on the availability to fishery independent surveys and (6) discuss other business and next steps for the NTAP.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Saunders at the Mid-Atlantic Council Office (302) 526-5251 at least 5 days prior to the meeting date.

    Dated: November 21, 2018. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-25826 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG636 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting AGENCY:

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

    ACTION:

    Notice of SEDAR 59 Assessment Scoping webinar.

    SUMMARY:

    The SEDAR 59 assessment of the South Atlantic stock of Greater Amberjack will consist of a series of webinars. See SUPPLEMENTARY INFORMATION.

    DATES:

    A SEDAR 59 Assessment Scoping webinar will be held on Friday, December 14, 2018, from 9 a.m. until 12 p.m.

    ADDRESSES:

    Meeting address: The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julia Byrd at SEDAR (see FOR FURTHER INFORMATION CONTACT below) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar.

    SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405. www.sedarweb.org.

    FOR FURTHER INFORMATION CONTACT:

    Julia Byrd, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone: (843) 571-4366; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. The product of the SEDAR webinar series will be a report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses, and describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, Highly Migratory Species Management Division, and Southeast Fisheries Science Center. Participants include: Data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and non-governmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies.

    The items of discussion in the Assessment Scoping webinar are as follows:

    Participants will review data and discuss data issues, as necessary, and initial modeling issues.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least 5 business days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: November 21, 2018. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-25827 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration XRIN 0648-XF763 Marine Mammals; Pinniped Removal Authority; Approval of Application AGENCY:

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

    ACTION:

    Notice of availability.

    SUMMARY:

    NMFS announces the approval of an application from the state of Oregon (state) for lethal removal of individually identifiable predatory California sea lions (CSL; Zalophus californianus) in the vicinity of Willamette Falls to minimize pinniped predation on Upper Willamette River (UWR) spring-run Chinook salmon (Onchorhynchus spp.) and UWR winter steelhead, both listed as threatened under the Endangered Species Act (ESA), in the Willamette River in Oregon. This authorization is pursuant to section 120 of the Marine Mammal Protection Act (MMPA). NMFS also announces availability of decision documents and other information relied upon in making this determination.

    ADDRESSES:

    Additional information about our determination may be obtained by visiting the NMFS West Coast Region's website: http://www.westcoast.fisheries.noaa.gov, or by writing to us at: NMFS West Coast Region, Protected Resources Division, 1201 Lloyd Blvd., Suite 1100, Portland, OR 97232.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Robert Anderson at the above address, by phone at (503) 231-2226, or by email at, [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    Section 120 of the MMPA (16 U.S.C. 1361, et seq.) allows the Secretary of Commerce, acting through the Assistant Administrator for Fisheries, and the West Coast Regional Administrator of NMFS, the discretion to authorize the intentional lethal taking of individually identifiable pinnipeds that are having a significant negative impact on salmonid fishery stocks that are either: (1) Listed under the ESA, (2) approaching a threatened or endangered status, or (3) migrate through the Ballard Locks in Seattle. The authorization applies only to pinnipeds that are not: (1) Listed under the ESA, (2) designated as depleted, or (3) designated a strategic stock.

    On October 6, 2017, NMFS received an application signed by the director of the Oregon Department of Fish and Wildlife (ODFW) on the state's behalf, requesting authorization under section 120 of the MMPA to intentionally take, by lethal methods, individually identifiable predatory CSL in the vicinity of Willamette Falls, which were then having a significant negative impact on the recovery of threatened UWR spring-run Chinook salmon and UWR winter steelhead. As required under the MMPA, NMFS convened a Pinniped-Fishery Interaction Task Force (Task Force). The role of the Task Force is to recommend to NMFS approval or denial of the state's application along with recommendations of the proposed location, time, and method of such taking, criteria for evaluating the success of the action, and the duration of the intentional lethal taking authority. The Task Force must also suggest non-lethal alternatives, if available and practicable, including a recommended course of action.

    Pursuant to the MMPA, NMFS determined that the state's application contained sufficient information to warrant convening the Task Force. On November 9, 2017, NMFS published a notice in the Federal Register (82 FR 52083), announcing receipt of the state's application, and soliciting public comments on the application and any additional information that NMFS should consider in making its decision. On August 20-22, 2018, NMFS convened a Task Force that was open to the public. The Task Force reviewed the state's application, public comments on the application, and other information related to CSL predation on UWR spring-run Chinook salmon and UWR winter steelhead at Willamette Falls. The Task Force completed and submitted its report to NMFS on October 15, 2018. The majority of Task Force members present at the meeting (12 of 16) recommended that NMFS approve the state's application, while 1 Task Force member recommended that NMFS deny the state's application, and 3 Task Force members abstained. All decision documents, including a copy of the authorization, are available on NMFS's West Coast Region web page (see ADDRESSES).

    Findings

    As required under section 7(a)(2) under the ESA, NMFS completed informal consultation, and in accordance with NEPA, NMFS completed an environmental assessment with a finding of no significant impact. In considering a state's application to lethally remove pinnipeds, NMFS is also required, pursuant to section 120(b)(1) of the MMPA, to determine that individually identifiable pinnipeds are having a significant negative impact on the decline or recovery of at-risk salmonid fishery stocks. Based on these requirements, considerations, and analyses, NMFS has determined that the requirements of section 120 of the MMPA have been met and it is therefore reasonable to issue an authorization to the state for the lethal removal of individually identifiable predatory CSL through 2023.

    Dated: November 21, 2018. Donna Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2018-25871 Filed 11-26-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Office of the Secretary U.S. Strategic Command Strategic Advisory Group; Notice of Federal Advisory Committee Meeting AGENCY:

    Office of the Chairman Joint Chiefs of Staff, U.S. Strategic Command Strategic Advisory Group, Department of Defense.

    ACTION:

    Notice of Federal Advisory Committee meeting.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the U.S. Strategic Command Strategic Advisory Group will take place.

    DATES:

    Day 1—Closed to the public Thursday, November 29, 2018, from 8:00 a.m. to 4:00 p.m. Day 2—Closed to the public Friday, November 30, 2018, from 8:00 a.m. to 12:00 p.m.

    ADDRESSES:

    Dougherty Conference Center, Building 432, 906 SAC Boulevard, Offutt AFB, Nebraska 68113.

    FOR FURTHER INFORMATION CONTACT:

    John Trefz, (402) 294-4102 (Voice), (402) 294-3128 (Facsimile), [email protected] (Email). Mailing address is 901 SAC Boulevard, Suite 1F7, Offutt AFB, NE 68113-6030.

    SUPPLEMENTARY INFORMATION:

    Due to circumstances beyond the control of the Department of Defense (DoD) and the Designated Federal Officer, the U.S. Strategic Command Strategic Advisory Group was unable to provide public notification required by 41 CFR 102-3.150(a) concerning the meeting on November 29, 2018 thru November 30, 2018 of the U.S. Strategic Command Strategic Advisory Group. Accordingly, the Advisory Committee Management Officer for the DoD, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement.

    This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.140 and 102-3.150.

    Purpose of the Meeting: The purpose of the meeting is to provide advice on scientific, technical, intelligence, and policy-related issues to the Commander, U.S. Strategic Command, during the development of the Nation's strategic war plans.

    Agenda: Topics include: Policy Issues, Space Operations, Nuclear Weapons Stockpile Assessment, Weapons of Mass Destruction, Intelligence Operations, Cyber Operations, Global Strike, Command and Control, Science and Technology, Missile Defense.

    Meeting Accessibility: Pursuant to 5 U.S.C. 552b, and 41 CFR 102-3.155, the Department of Defense has determined that the meeting shall be closed to the public. Per delegated authority by the Chairman, Joint Chiefs of Staff, General John E. Hyten, Commander, U.S. Strategic Command, in consultation with his legal advisor, has determined in writing that the public interest requires that all sessions of this meeting be closed to the public because they will be concerned with matters listed in 5 U.S.C. 552b(c)(1).

    Written Statements: N/A.

    Dated: November 20, 2018. Shelly E. Finke, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-25745 Filed 11-26-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD-2018-HA-0094] Proposed Collection; Comment Request AGENCY:

    Office of the Assistant Secretary of Defense for Health Affairs DoD.

    ACTION:

    Information collection notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by January 28, 2019.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24 Suite 08D09, Alexandria, VA 22350-1700.

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

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Defense Health Agency, TRICARE Health Plan (J-10), Attn: Mr. Mark Ellis, 7700 Arlington Boulevard, Falls Church, VA 22042 or call (703)-681-0039.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Continued Health Care Benefit Program, DD Form 2837; OMB Control Number 0720-XXXX (formerly 0704-0364).

    Needs and Uses: The information collection requirement is necessary for individuals to apply for enrollment in the continued Health Care Benefit Program (CHCBP). The CHCBP is a program of temporary health care benefit coverage that is made available to eligible individuals who lose health care coverage under the Military health System (MHS).

    Affected Public: Individuals or Households.

    Annual Burden Hours: 369.

    Number of Respondents: 1,475.

    Responses per Respondent: 1.

    Annual Responses: 1,475.

    Average Burden per Response: 15 minutes.

    Frequency: On Occasion.

    Respondents are individuals who are or were beneficiaries of the Military Health System (MHS) and who desire to enroll in the CHCBP following their loss of entitlement to health care coverage in the MHS. These beneficiaries include the active duty service member or former service member (who, for purposes of this notice shall be referred to as “service member”), an unmarried former spouse of a service member, an unmarried child of a service member who ceases to meet requirements for being considered a dependent, and a child placed for adoption or legal custody with the service member. In order to be eligible for health care coverage under CHCBP, an individual must first enroll in CHCBP. DD Form is used as the information collection instrument for that enrollment. The CHCBP is a legislatively mandated program and it is anticipated that the program will continue indefinitely.

    Dated: November 20, 2018. Shelly E. Finke, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-25761 Filed 11-26-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense is publishing this notice to announce that it is renewing the charter for the Department of Defense Wage Committee (“the Committee”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Committee's charter is being renewed pursuant to 5 CFR 5343(c) and in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., App) and 41 CFR 102-3.50(c). The Committee's charter and contact information for the Committee's Designated Federal Officer (DFO) can be found at https://www.facadatabase.gov/FACA/apex/FACAPublicAgencyNavigation.

    The Committee, as directed by 5 CFR532.3209, 532.227 and the Office of Personnel Management Operating Manual, Federal Wage System, Appropriated and Non-Appropriated Funds, S3-2 Agency Level, provides the Secretary of Defense or the Deputy Secretary of Defense, through the Under Secretary of Defense for Personnel and Readiness (USD(P&R)), independent advice and recommendations on all matters relating to the conduct of wage surveys and the establishment of wage schedules for all appropriated fund and non-appropriated fund wage areas of blue-collar employees within the Department of Defense (DoD). a. The Committee considers and makes recommendations to the DoD on any matter involved in developing specifications for a wage survey on which the DoD proposes not to accept the recommendations of a local ware survey committee and any matters on which a minority report has been filed; b. Upon completion of a wage survey, the Committee considers the survey data, the local wage survey committee's report and recommendations, and the statistical analyses and proposed pay schedules derived from them, as well as any other data or recommendations pertinent to the survey, and recommends wage schedules to the pay-fixing authority; and c. A majority of the Committee constitutes a decision and recommendation of the Committee, but a member of the minority may file a report with the Committee's recommendations.

    The Committee, pursuant to 5 CFR532.227, is composed of five members, a chair and four additional members. One member shall be designated by each of the two labor organizations having the largest number of wage employees covered by exclusive recognition in the DoD. The other two members will have management backgrounds. All members of the Committee are appointed to provide advice on the basis of their best judgment and without representing any particular point of view and in a manner that is free from conflict of interest. Except for reimbursement of official Committee-related travel and per diem, Committee members serve without compensation.

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

    Dated: November 20, 2018. Shelly Finke, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-25709 Filed 11-26-18; 8:45 am] BILLING CODE 5001-06-P
    DEFENSE NUCLEAR FACILITIES SAFETY BOARD Senior Executive Service Performance Review Board AGENCY:

    Defense Nuclear Facilities Safety Board.

    ACTION:

    Notice of members of Senior Executive Service Performance Review Board.

    SUMMARY:

    This notice announces the membership of the Defense Nuclear Facilities Safety Board (DNFSB) Senior Executive Service (SES) Performance Review Board (PRB).

    DATES:

    These appointments are applicable on November 27, 2018.

    ADDRESSES:

    Send comments concerning this notice to: Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW, Suite 700, Washington, DC 20004-2001.

    FOR FURTHER INFORMATION CONTACT:

    Deborah Biscieglia by telephone at (202) 694-7041 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    5 U.S.C. 4314 (c)(1) through (5) requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more performance review boards. Sec. 4314(c)(4) requires that the appointment of PRB members be published in the Federal Register. The PRB shall review and evaluate the initial summary rating of a senior executive's performance, the executive's response, and the higher level official's comments on the initial summary rating. In addition, the PRB will review and recommend executive performance bonuses and pay increases.

    The DNFSB is a small, independent Federal agency; therefore, the members of the DNFSB SES Performance Review Board listed in this notice are drawn from the SES ranks of other agencies. The following persons comprise a standing roster to serve as members of the Defense Nuclear Facilities Safety Board SES Performance Review Board:

    Christopher E. Aiello, Special Advisor to the Deputy to the Chairman and CFO, Federal Deposit Insurance Corporation David M. Capozzi, Executive Director, United States Access Board Cedric R. Hendricks, Associate Director for the Office of Legislative, Intergovernmental and Public Affairs, Court Services and Offender Supervision Agency Nigel Q. Mote, Executive Director, U.S. Nuclear Waste Technical Review Board Dated: November 20, 2018. Joyce L. Connery, Acting Chairman.
    [FR Doc. 2018-25817 Filed 11-26-18; 8:45 am] BILLING CODE 3670-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2018-ICCD-0124] Agency Information Collection Activities; Comment Request; OESE Performance Review and Self-Assessment Protocol AGENCY:

    Office of Elementary and Secondary Education (OESE), 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 January 28, 2019.

    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-0124. 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 Patrick Carr, 202-708-8196.

    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: OESE Performance Review and Self-Assessment Protocol.

    OMB Control Number: 1810-NEW.

    Type of Review: A new information collection.

    Respondents/Affected Public: State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 45.

    Total Estimated Number of Annual Burden Hours: 90.

    Abstract: The Department of Education's Office of Elementary and Secondary Education (OESE) administers multiple programs administered by State Educational Agencies (SEAs), including Title I, Sections 1001-1004 (School Improvement); Title I, Part A (Improving Basic Programs Operated by Local Educational Agencies); Title I, Part B (Enhanced Assessments Grants (EAG), and Grants for State Assessments and Related Activities); Title II, Part A (Supporting Effective Instruction); Title III, Part A (English Language Acquisition, Language Enhancement, and Academic Achievement). Annual performance reviews—annual phone or on-site conversations with a purposeful sample of SEA and Local Education Agency (LEA) program directors and coordinators—help ensure that an SEA and its LEA are making progress toward improving student achievement and the quality of instruction for all students and are ensuring requirements are met through the review of the program and fiscal requirements to safeguard public funds from waste, fraud, and abuse. The information shared with OESE also informs the selection and delivery of technical assistance to SEAs and aligns structures, processes, and routines so OESE can regularly monitor the connection between grant administration and intended outcomes.

    Dated: November 21, 2018. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2018-25772 Filed 11-26-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2018-ICCD-0094] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Grantee Reporting Form—Rehabilitation Services Administration (RSA) Annual Payback Report AGENCY:

    Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before December 27, 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-0094. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9088, Washington, DC 20202-0023.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Karen Holliday, 202-245-7318.

    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: Grantee Reporting Form—Rehabilitation Services Administration (RSA) Annual Payback Report.

    OMB Control Number: 1820-0617.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: Individuals or Households; Private Sector.

    Total Estimated Number of Annual Responses: 11,790.

    Total Estimated Number of Annual Burden Hours: 4,858.

    Abstract: Under Section 302 of the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA), hereafter referred to as “The Act,” the RSA provides Long-Term Training grants to academic institutions to support scholarship assistance to scholars. Scholars who receive scholarships under this program are required to work within the public rehabilitation program, such as with a State vocational rehabilitation agency, or an agency or organization that has a service arrangement with a State vocational rehabilitation agency, in qualified employment fields, which include rehabilitation counseling, administration, supervision, teaching or research in vocational rehabilitation, supported employment, or independent living rehabilitation of individuals with disabilities, especially individuals with significant disabilities. The scholar is required to work two years in such settings for every year of full-time scholarship support. The service obligation for the scholar who matriculated part time, is based on the equivalent total of actual academic years of training received. The program regulations at 34 CFR 386.33-386.36 and 386.40-386.43 detail the payback provisions and the RSA scholars' requirements to comply with them.

    Section 302 (b)(2)(C) of the Act requires that data on the employment of scholars are accurate, including tracking of scholars' employment status and location of former scholars supported under the RLTT grants in order to ensure that scholars are meeting the payback requirements.

    In addition to meeting the requirement that all scholars be tracked, the data collected will provide performance data relevant to the rehabilitation fields and degrees pursued by RSA scholars, as well as the funds owed and the rehabilitation work completed by them. These data are used to assess program effectiveness and efficiency, and to meet the reporting requirements of the Government Performance and Results Act (GPRA).

    RSA is requesting a revision of the currently approved collection for grantees (Institutions of Higher Education) to submit an Annual Payback Report through the online RSA Management Information System (MIS). To collect the needed data, RSA created the revised Payback Information Management System (PIMS). Through the PIMS grantees, scholars and employers report data electronically.

    Dated: November 20, 2018. Tomakie Washington, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2018-25747 Filed 11-26-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Notice of Request for Information (RFI)—Technology Commercialization Fund AGENCY:

    Office of Technology Transitions, Department of Energy (DOE).

    ACTION:

    Request for Information (RFI).

    SUMMARY:

    The U.S. Department of Energy (DOE) invites public comment on its Request for Information (RFI) regarding the Technology Commercialization Fund (TCF). The purpose of this RFI is to seek input on how the Office of Technology Transitions (OTT) might improve the TCF through changes to the program and its structure.

    DATES:

    Responses to the RFI must be received by January 11, 2019.

    ADDRESSES:

    Interested parties are to submit comments electronically to [email protected] with the subject line “TCF RFI Response” no later than January 11, 2019. All responses must be submitted as a Microsoft Word document (.doc/.docx) of no more than 5 pages in length, with black, Times New Roman, 12 point font, and 1 inch margins as an attachment to an email. The document cannot exceed 2MB in size. Only electronic responses to the above email address will be accepted. DOE will not consider responses submitted by any other means. The complete RFI document is located at https://eere-exchange.energy.gov/Default.aspx#FoaId9996b2e6-2586-457f-98ca-a7bbb5e9cef5.

    NOTE:

    If clicking on the above link gives you an error message, you must CUT AND PASTE the URL into your browser to reach the web page.

    FOR FURTHER INFORMATION CONTACT:

    For general questions, please contact [email protected] For specific questions related to collection activities, please contact Donald Macdonald, (202) 586-2676.

    SUPPLEMENTARY INFORMATION:

    The purpose of this Request for Information (RFI) is to seek input about how OTT might improve the TCF through changes to the program and its structure. OTT seeks specific input on the TCF's structure and process, role of project partners, cost share arrangements, and potential to leverage other DOE programs. This RFI builds on previous DOE RFIs related to technology transfer and commercialization topics, including the 2008 Federal Register Notice on DOE Technology Transfer Practices,1 the 2013 Office of Energy Efficiency and Renewable Energy (EERE) Commercialization RFI,2 and OTT's 2015 RFI,3 which included a section about the TCF. Responses to this RFI will serve as a complement to the input collected from these previous requests. The RFI is available at: https://eere-exchange.energy.gov/Default.aspx#FoaId9996b2e6-2586-457f-98ca-a7bbb5e9cef5.

    1 U.S. Department of Energy. “Questions Concerning Technology Transfer Practices at DOE Laboratories.” 73 FR 72036, Doc No. E8-28187. November 26, 2008. https://www.federalregister.gov/articles/2008/11/26/E8-28187/questions-concerning-technology-transfer-practices-at-doe-laboratories.

    2 U.S. Department of Energy. “Request for Information—EERE Commercialization.” DE-FOA-0001001. September 2013. http://www.grants.gov/web/grants/view-opportunity.html?oppId=243333.

    3 U.S. Department of Energy. “Request for Information—Office of Technology Transitions” DE-FOA-0001346. May 2015. https://www.energy.gov/technologytransitions/downloads/de-foa-0001346-request-information-rfi.

    NOTE:

    If clicking on the above link gives you an error message, you must CUT AND PASTE the URL into your browser to reach the web page.

    Confidential Business Information

    Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two well marked copies: One copy of the document marked “confidential” including all the information believed to be confidential, and one copy of the document marked “non-confidential” with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination.

    Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person that would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest.

    Signed in Washington, DC on November 19, 2018. Conner H. Prochaska, Director, Office of Technology Transitions.
    [FR Doc. 2018-25838 Filed 11-26-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY [Case Number 2018-010, EERE-2017-BT-WAV-0043] Energy Conservation Program: Extension of Waiver to Apple Inc. from the Department of Energy External Power Supply Test Procedure AGENCY:

    Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Notice of extension of waiver.

    SUMMARY:

    The U.S. Department of Energy (“DOE”) is granting a waiver extension (Case No. 2018-010) to Apple Inc. (“Apple”) to waive certain requirements of the DOE external power supply test procedure for determining the energy efficiency of the Apple brand external power supply basic models A1947 and A1720. Apple is required to test and rate these basic models in accordance with the alternate test procedure specified.

    DATES:

    The Extension of Waiver is effective on November 27, 2018. The Extension of Waiver will terminate upon the compliance date of any future amendment to the test procedure for external power supplies located in 10 CFR part 430, subpart B, appendix Z that addresses the issues presented in this waiver. At such time, Apple must use the relevant test procedure for the specified basic models of external power supplies for any testing to demonstrate compliance with standards, and any other representations of energy use.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: [email protected]

    Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(g)), DOE gives notice of the issuance of an Extension of Waiver as set forth below. The Extension of Waiver extends the Decision and Order granted to Apple on March 16, 2018 (83 FR 11738, “March 2018 Decision and Order”) to include Apple brand basic models A1947 and A1720, as requested by Apple on October 30, 2018.1 Apple must test and rate the specifically identified external power supply basic models in accordance with the alternate test procedure specified in the March 2018 Decision and Order. Apple's representations concerning the energy efficiency of the specified basic models must be based on testing according to the provisions and restrictions in the alternate test procedure set forth in the March 2018 Decision and Order, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same requirements when making representations regarding the energy efficiency of these products. (42 U.S.C. 6293(c)).

    1 Apple's request is available at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0043-0013.

    DOE makes decisions on waiver extensions for only those basic models specifically set out in the request, not future models that may be manufactured by the petitioner. Apple may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of external power supplies. Alternatively, if appropriate, Apple may request that DOE extend the scope of a waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g).

    Signed in Washington, DC, on November 15, 2018. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Case Number 2018-010, Extension of Waiver I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended (“EPCA”) 1 among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B 2 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include external power supplies (“EPSs”), the focus of this extension. (42 U.S.C. 6291(36); 42 U.S.C. 6295(u)).

    1 All references to EPCA in this document refer to the statute as amended through the EPS Improvement Act of 2017, Public Law 115-115 (January 12, 2018).

    2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A.

    Under EPCA, DOE's energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the authority to require information and reports from manufacturers. (42 U.S.C. 6296)

    The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of those products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the product complies with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s))

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE is required to follow when prescribing or amending test procedures for covered products. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect the energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for external power supplies is contained in 10 CFR part 430, subpart B, appendix Z, “Uniform Test Method for Measuring the Energy Consumption of External Power Supplies” (“Appendix Z”).

    Under 10 CFR 430.27, any interested person may submit a petition for waiver from DOE's test procedure requirements. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy or water consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. Id.

    A petitioner may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition. 10 CFR 430.27(g). DOE will publish any such extension in the Federal Register. Id.

    II. Request for an Extension of Waiver: Assertions and Determinations

    On March 16, 2018, DOE issued a Decision and Order in Case Number EPS-001 granting Apple a waiver to test its Apple brand basic models A1718, A1719, and A1540 using an alternate test procedure. 83 FR 11738 (“March 2018 Decision and Order”). Apple stated that the specified basic models meet the provisions of the International Electrotechnical Commission's “Universal serial bus interfaces for data and power—Part 1-2: Common components—USB Power Delivery” (“IEC 62680-1-2:2017”) specification. The IEC specification describes the particular architecture, protocols, power supply behavior, connectors, and cabling necessary for managing power delivery over a universal serial bus (“USB”) connection at power levels of up to 100 watts (“W”). The purpose behind this specification is to help provide a standardized approach for power supply and peripheral developers to ensure backward compatibility while retaining product design and marketing flexibility. See generally, IEC 62680-1-2:2017 (Abstract) (describing the standard's general provisions and purpose).

    In Apple's view, applying the DOE test procedure to the adaptive EPS basic models identified in its petition would yield results that would be unrepresentative of the active-mode efficiency of those products. The DOE test procedure requires that the average active-mode efficiency for adaptive EPSs 3 be measured by testing the unit twice—once at the highest achievable output voltage (“V”) and once at the lowest. The test procedure requires that active-mode efficiency be measured at four loading conditions relative to the nameplate output current of the EPS. See generally 10 CFR 430.23(bb) and Appendix Z. The lowest achievable output voltage supported by the IEC 62680-1-2:2017 specification is 5V and the nameplate current at this voltage output is 3 amps (“A”), resulting in a power output of 15W. Apple contended that while the IEC 62680-1-2:2017 specification requires the tested EPS to support this power output, the 15W at 5V condition will be rarely used and only for brief periods of time. Accordingly, Apple asserted that the DOE test procedure's measurement of efficiency at this power level is unrepresentative of the true energy consumption of the EPSs subject to the initial waiver request.

    3 An adaptive EPS is an EPS that can alter its output voltage during active-mode based on an established digital communication protocol with the end-use application without user-generated action. 10 CFR 430.2.

    Based on the information provided by Apple, DOE determined that the current test procedure at Appendix Z would evaluate the adaptive EPS basic models specified in the March 2018 Decision and Order in a manner so unrepresentative of their true energy consumption characteristics as to provide materially inaccurate comparative data. 83 FR 11738, 11739. The March 2018 Decision and Order specifies that Apple test and rate the subject basic models such that the 100% nameplate loading condition when testing at the lowest achievable output voltage is 2A (which corresponds to an output power of 10 watts). 83 FR 11738, 11740. The 75%, 50%, and 25% loading conditions shall be scaled accordingly and the nameplate output power of such an EPS, at the lowest output voltage, shall be equal to 10 watts. Id.

    On October 10, 2018, DOE granted a request from Apple to extend the waiver it received in Case Number EPS-001 to Apple brand basic model A1882. 83 FR 50905 (Case Number 2018-005). DOE determined that basis model A1882 employs the same technology as the models covered by Case Number EPS-001.

    On October 30, 2018, Apple submitted a request to extend again the scope of the waiver it received in Case Number EPS-001 to the Apple brand basic models A1947 and A1720. Apple stated that these basic models employ the same technology as the models covered by the existing waiver.

    DOE has reviewed Apple's waiver extension request and determined that the adaptive EPS basic models identified in Apple's request incorporate the same design characteristics as those basic models covered under the waiver in Case Number EPS-001 such that the test procedure evaluates that basic model in a manner that is unrepresentative of its actual energy use. DOE also determined that the alternate procedure specified in Case Number EPS-001 will allow for the accurate measurement of the energy use of the external power supply basic model identified by Apple in its waiver extension request.

    III. Order

    After careful consideration of all the material submitted by Apple in this matter, it is ordered that:

    (1) Apple must, as of the date of publication of this Extension of Waiver in the Federal Register, test and rate the following basic models as set forth in paragraph (2) of this Extension of Waiver:

    A1947 and A1720

    (2) The alternate test procedure for the Apple brand basic models referenced in paragraph (1) of this section is the test procedure for EPSs prescribed by DOE at 10 CFR part 430, subpart B, appendix Z, except that under section 4(a)(i)(E) and Table 1 of Appendix Z, the adaptive EPSs must be tested such that when testing at the lowest achievable output voltage (i.e., 5V), the Nameplate Output Current shall be 2A (which corresponds to an output power of 10W at the 100% loading condition). The 75%, 50%, and 25% loading conditions shall be scaled accordingly and the nameplate output power of such an EPS, at the lowest output voltage, shall be equal to 10W.

    (3) Representations. Apple may not make representations about the efficiency of the basic models referenced in paragraph (1) of this section for compliance, marketing, or other purposes unless the basic model has been tested in accordance with the provisions set forth above and such representations fairly disclose the results of such testing.

    (4) This Extension of Waiver shall remain in effect consistent with the provisions of 10 CFR 430.27.

    (5) This Extension of Waiver is issued on the condition that the statements, representations, and documents provided by Apple are valid. If Apple makes any modifications to the controls or configurations of these basic models, the waiver will no longer be valid and Apple will either be required to use the current Federal test method or submit a new application for a test procedure waiver. DOE may rescind or modify this Extension of Waiver at any time if it determines the factual basis underlying the petition for Extension of Waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic model's true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, Apple may request that DOE rescind or modify the Extension of Waiver if Apple discovers an error in the information provided to DOE as part of its petition, determines that the waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).

    (6) Granting of this Extension of Waiver does not release Apple from the certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on November 15, 2018.

    Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2018-25837 Filed 11-26-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-357-000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: KCE NY 1, LLC

    This is a supplemental notice in the above-referenced proceeding of KCE NY 1, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is December 10, 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 19, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25759 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-359-000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Springfield Power, LLC

    This is a supplemental notice in the above-referenced proceeding of Springfield Power, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is December 10, 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 19, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25757 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-367-000] Pixelle Specialty Solutions LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Pixelle Specialty Solutions LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is December 10, 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 20, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25782 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19-358-000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: DG Whitefield LLC

    This is a supplemental notice in the above-referenced proceeding of DG Whitefield LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is December 10, 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 19, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25758 Filed 11-26-18; 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 rate filings:

    Docket Numbers: ER12-1933-009; ER12-1934-008.

    Applicants: Interstate Power and Light Company, Wisconsin Power and Light Company.

    Description: Supplement to June 29, 2018 Updated Triennial Market Power analysis for the Central region of Interstate Power and Light Company, et. al.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5053.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-273-001.

    Applicants: Alabama Power Company.

    Description: Tariff Amendment: Errata to Twiggs County Solar (Twiggs Solar) LGIA Amendment Filing to be effective 10/26/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5089.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-367-000.

    Applicants: Pixelle Specialty Solutions LLC.

    Description: Baseline eTariff Filing: MBRA Tariff to be effective 11/20/2018.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5207.

    Comments Due: 5 p.m. ET 12/10/18.

    Docket Numbers: ER19-368-000.

    Applicants: Yasmin Partners LLC.

    Description: Notice of Cancellation of Market-Based Rate Tariff of Yasmin Partners LLC.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5216.

    Comments Due: 5 p.m. ET 12/10/18.

    Docket Numbers: ER19-369-000.

    Applicants: Midcontinent Independent System Operator, Inc., ALLETE, Inc.

    Description: § 205(d) Rate Filing: 2018-11-20_SA 3213 MP-GRE ICA (Stinson) to be effective 11/21/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5030.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-370-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original ISA SA No. 5235; Queue No. AB2-068 to be effective 10/23/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5081.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-371-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 1884R8 Westar Energy, Inc. NITSA NOA to be effective 11/1/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5084.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-372-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 1885R8 Westar Energy, Inc. NITSA NOA to be effective 11/1/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5087.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-373-000.

    Applicants: Paulding Wind Farm II LLC.

    Description: Baseline eTariff Filing: Reactive Power Compensation Filing to be effective 1/19/2019.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5094.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-374-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Revised Formula Rate TO Tariff—Retail Rate Revisions to be effective 1/21/2019.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5099.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-375-000.

    Applicants: Duke Energy Florida, LLC.

    Description: § 205(d) Rate Filing: DEF-Florida Power & Light (RS-81) Amendment to be effective 11/30/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5117.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-376-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised ISA, SA No. 4592; Queue No. AC1-182 to be effective 10/23/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5118.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-377-000.

    Applicants: Arizona Public Service Company.

    Description: § 205(d) Rate Filing: Service Agreement No. 216—Amendment No. 5 to be effective 11/1/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5125.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-378-000.

    Applicants: Montour, LLC.

    Description: § 205(d) Rate Filing: Reactive Service Rate Schedule Filing to be effective 2/17/2019.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5126.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-379-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original WMPA SA No. 5244; Queue No. AD1-085 to be effective 11/14/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5138.

    Comments Due: 5 p.m. ET 12/11/18.

    Docket Numbers: ER19-380-000.

    Applicants: Arizona Public Service Company.

    Description: § 205(d) Rate Filing: Service Agreement No. 362 NITS with City of Williams to be effective 11/1/2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5155.

    Comments Due: 5 p.m. ET 12/11/18.

    Take notice that the Commission received the following electric reliability filings:

    Docket Numbers: RR19-2-000.

    Applicants: North American Electric Reliability Corporation.

    Description: Petition of the North American Electric Reliability Corporation for Approval of Proposed Revisions to the Standard Processes Manual, Appendix 3A to the NERC Rules of Procedure.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5222.

    Comments Due: 5 p.m. ET 12/10/18.

    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 20, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25781 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR19-6-000] Saddle Butte Pipeline III, LLC; Notice of Request for Temporary Waiver

    Take notice that on November 14, 2018, Saddle Butte Pipeline III, LLC (Saddle Butte) filed a petition seeking a temporary waiver of the tariff filing and reporting requirements of sections 6 and 20 of the Interstate Commerce Act, 49 U.S.C. App. 6 and 20, and parts 341 and 357 of the Federal Energy Regulatory Commission's regulations, 18 CFR parts 341 and 357 (2018), with respect to its Powder Flats System, which is a crude petroleum gathering system located in Wyoming, all as more fully explained in the petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible online at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5 p.m. Eastern time on December 7, 2018.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25810 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL19-18-000] American Electric Power Service Corporation v. PJM Interconnection L.L.C.; Notice of Complaint

    Take notice that on November 16, 2018, pursuant to sections 206 and 306 of the Federal Power Act, 16 U.S.C. 824e and 825e, and Rule 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206 (2018), American Electric Power Service Corporation, on behalf of its PJM transmission owners (Complainant) filed a formal complaint against PJM Interconnection L.L.C. (PJM or Respondent), alleging that PJM's Open Access Transmission Tariff is unjust and unreasonable because it does not include indemnifications provisions that are consistent with the Commission's pro forma Large Generator Interconnection Agreement, as more fully explained in the complaint.

    The Complainant certifies that copies of the complaint were served on the contacts for Respondent, as listed on the Commission's list of Corporate Officials.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5 p.m. Eastern Time on December 6, 2018.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25808 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14655-001] Cat Creek Energy, LLC; Notice of Successive Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On November 9, 2018, Cat Creek Energy, LLC (Cat Creek) filed an application for a successive preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), to study the feasibility of the proposed Cat Creek Energy Generation Facility Pumped Storage Hydroelectric Project (project) to be located at the U.S. Bureau of Reclamation's (Reclamation) Anderson Ranch Reservoir on the South Fork of the Boise River near Mountain Home in Elmore County, Idaho. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    As stated in the original permit for the project, Reclamation retains jurisdiction over hydropower development at the Anderson Ranch dam, reservoir, and powerhouse, which are part of Reclamation's Boise Project. However, the Commission retains jurisdiction for hydropower facilities that would be located outside of Reclamation's development. Thus, an entity seeking to build a hydropower project that would use Reclamation's Boise Project facilities would need to obtain a lease of power privilege from Reclamation, but it also would need to obtain a license from the Commission for those facilities of the hydropower project that are not under Reclamation's jurisdiction.

    The proposed project would utilize Reclamation's existing Anderson Ranch Reservoir as a lower reservoir and would consist of the following new facilities: (1) A 4.3-mile-long, 80-foot-high earthen dam; (2) a 63,500-acre-foot impoundment as an upper reservoir; (3) six 2,500-foot-long, 14- to 16-foot-diameter steel penstocks; (4) two 100-foot-diameter concrete silos; (5) twelve 60-megawatt (MW) ternary turbine/generator units, for a total capacity of 720 MW; (6) an 8.1-mile-long, 230-kilovolt transmission line interconnecting with the existing Bonneville Power Administration Dixie Substation; (7) an approximately 2-mile-long access road; and (8) appurtenant facilities. The estimated annual generation of the project would be 1,965.4 gigawatt-hours.

    Applicant Contact: James T. Carkulis, Cat Creek Energy, LLC, 398 S 9th Street Suite 240, Boise, ID 83702; phone: (208) 954-5090.

    FERC Contact: Karen Sughrue; phone: (202) 502-8556.

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket number P-14655-001.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14655) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25813 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [EG18-117-000, EG18-119-000, EG18-120-000, EG18-121-000, EG18-122-000, EG18-123-000] Notice of Effectiveness of Exempt Wholesale Generator Status: Persimmon Creek Wind Farm 1, LLC; Stillwater Wind, LLC; Crazy Mountain Wind LLC; Blue Cloud Wind Energy, LLC; Green River Wind Farm Phase 1, LLC; Santa Rita East Wind Energy LLC

    Take notice that during the month of October 2018, the status of the above-captioned entities as Exempt Wholesale Generators became effective by operation of the Commission's regulations. 18 CFR 366.7(a) (2018).

    Dated: November 16, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25755 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL19-17-000] Kansas Electric Power Cooperative, Inc. v. Westar Energy, Inc.; Notice of Complaint

    Take notice that on November 16, 2018, pursuant to sections 206, 306, and 309 of the Federal Power Act, 16 U.S.C. 824e, 825e, and 825h, and section 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206 (2018), Kansas Electric Power Cooperative, Inc. (Complainant) filed a formal complaint (complaint) against Westar Energy, Inc. (Westar or Respondent), alleging that Westar is violating its generation formula rate, Commission orders, regulations, and generally applicable ratemaking policies, as more fully explained in the complaint.

    The Complainant certifies that copies of the complaint were served on the contacts for Respondent and the Kansas Corporation Commission as listed on the Commission's list of Corporate Officials.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainant.

    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 online at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on December 6, 2018.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25807 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP19-300-000.

    Applicants: Eastern Shore Natural Gas Company.

    Description: § 4(d) Rate Filing: Negotiated Rate—DCRC to be effective 1/1/2019.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5182.

    Comments Due: 5 p.m. ET 12/3/18.

    Docket Numbers: RP19-301-000.

    Applicants: Western Gas Interstate Company.

    Description: eTariff filing per 1430: Western Gas Interstate Company Extension of Time Request Filing FERC Form 501-G.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5000.

    Comments Due: 5 p.m. ET 11/26/18.

    Docket Numbers: RP19-302-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated rate—Amended Boston Gas 510807 eff 1-1-2019 to be effective1/1/2019.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5034.

    Comments Due: 5 p.m. ET 12/3/18.

    Docket Numbers: RP19-303-000.

    Applicants: Southern Star Central Gas Pipeline, Inc.

    Description: Compliance filing Annual Cash-Out Activity Report 2018.

    Filed Date: 11/20/18.

    Accession Number: 20181120-5036.

    Comments Due: 5 p.m. ET 12/3/18.

    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 20, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25773 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR19-9-000] Iron Horse Pipeline, LLC; Notice of Petition for Declaratory Order

    Take notice that on November 16, 2018, pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207(a)(2) (2017), Iron Horse Pipeline, LLC (Iron Horse or Petitioner) filed a petition for declaratory order requesting that the Commission approve Iron Horse's proposed rate structures, Committed Shipper Rights, and certain prorationing provisions for shippers and the Transportation Service Agreement, all as more fully explained in the petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible online at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5 p.m. Eastern time on December 14, 2018.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25812 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ17-19-000] Buckeye Power, Inc.; Notice of Filing

    Take notice that on October 31, 2018, Buckeye Power, Inc. submitted its tariff filing: Refund Report NJ17-19 and NJ18-9 to be effective N/A.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding.

    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 online at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5 p.m. Eastern Time on December 11, 2018.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25809 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-548-000] Eastern Shore Natural Gas Company; Notice of Schedule for Environmental Review of the Del-Mar Energy Pathway Project

    On September 14, 2018, Eastern Shore Natural Gas Company (Eastern Shore) filed an application in Docket No. CP18-548-000 requesting a Certificate of Public Convenience and Necessity pursuant to Section 7(c) of the Natural Gas Act to construct and operate certain natural gas pipeline facilities. The proposed project is known as the Del-Mar Energy Pathway Project (Project), and would provide about 11.8 million cubic feet per day of additional natural gas firm transportation and 2.5 million cubic feet per day of off-peak transportation service to three local distribution companies and one industrial shipper.

    On September 27, 2018, the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff's Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff's planned schedule for the completion of the EA for the Project.

    Schedule for Environmental Review

    Issuance of EA—April 1, 2019.

    90-day Federal Authorization Decision Deadline—June 30, 2019.

    If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project's progress.

    Project Description

    Eastern Shore proposes to construct and operate new natural gas pipelines and meter and delivery stations in Kent and Sussex Counties, Delaware, and Wicomico and Somerset Counties, Maryland.

    The Project would consist of construction and operation of the following facilities:

    Woodside Loop 1 Kent County, Delaware

    • 4.9 miles of new 16-inch-diameter pipeline looping its existing pipeline.

    1 A pipeline loop is a segment of pipe constructed parallel to an existing pipeline to increase capacity.

    East Sussex Extension Sussex County, Delaware

    • 7.39 miles of new 8-inch-diameter mainline extension to the existing Milford Line;

    • one aboveground pig launcher and one pig receiver,2 and aboveground mainline valve; and

    2 A “pig” is a tool that the pipeline company inserts into and pushes through the pipeline for cleaning the pipeline, conducting internal inspections, or other purposes.

    • one new delivery metering and regulation (M&R) station.

    Millsboro Pressure Control Station Upgrade Millsboro, Sussex County, Delaware

    • 0.35 mile of 10-inch-diameter pipeline extension between the existing Millsboro Pressure Control Station and the existing Milford Line; and

    • a dual run pressure control addition to the existing Millsboro Pressure Control Station with modifications to the existing piping, valves, and associated electronic transmitters.

    Somerset Extension Wicomico and Somerset Counties, Maryland

    • 6.83 miles of new 10-inch-diameter pipeline extension to the existing Parkesburg Line;

    • one aboveground pig launcher and one pig receiver, and aboveground mainline valve; and

    • one new delivery M&R station at the Somerset Extension terminus.

    Background

    On November 2, 2018 the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Del-Mar Energy Pathway Project, Request for Comments on Environmental Issues, Notice of Public Scoping Session, and Notice of Onsite Review (NOI). The NOI was sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. Comments on the NOI should be received by the Commission in Washington, DC on or before 5:00 p.m. Eastern Time on December 3, 2018. All substantive comments received at the scoping session or filed in the Commission's public record will be addressed in the EA.

    Additional Information

    In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Additional information about the Project is available from the Commission's Office of External Affairs at (866) 208-FERC or on the FERC website (www.ferc.gov). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” excluding the last three digits (i.e., CP18-548), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208-3676, TTY (202) 502-8659, or at [email protected] The eLibrary link on the FERC website also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25804 Filed 11-26-18; 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: EC19-27-000.

    Applicants: IIF US Holding LP, IIF US Holding 2 LP.

    Description: Application for Authorization Under Section 203 of the Federal Power Act, et al. of IIF US Holding LP, et al.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5234.

    Comments Due: 5 p.m. ET 12/7/18.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG19-23-000.

    Applicants: Antelope DSR 3, LLC.

    Description: Notice of Self-Certification of EWG Status of Antelope DSR 3, LLC.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5112.

    Comments Due: 5 p.m. ET 12/10/18.

    Docket Numbers: EG19-24-000.

    Applicants: San Pablo Raceway, LLC.

    Description: Notice of Self-Certification of EWG Status of San Pablo Raceway, LLC.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5113.

    Comments Due: 5 p.m. ET 12/10/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2630-002; ER16-1914-002.

    Applicants: NGP Blue Mountain I LLC, Patua Acquisition Company, LLC.

    Description: Supplement to September 27, 2018 Notice of Non-Material Change in Status of NGP Blue Mountain I LLC, et al.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5239.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER10-2738-006.

    Applicants: The Empire District Electric Company.

    Description: Supplement to June 29, 2018 Updated Market Power Analysis of The Empire District Electric Company.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5264.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-360-000.

    Applicants: American Transmission Company LLC.

    Description: Application for Authorization for Abandoned Plant Incentive Rate Treatment of American Transmission Company LLC.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5232.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-361-000.

    Applicants: Midcontinent Independent System Operator, Inc., International Transmission Company, Michigan Electric Transmission Company, LLC, ITC Midwest LLC.

    Description: Compliance filing: 2018-11-19_Attachment O Compliance for ITC Companies re Transco Adder (EL18-140) to be effective 4/20/2018.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5051.

    Comments Due: 5 p.m. ET 12/10/18.

    Docket Numbers: ER19-362-000.

    Applicants: Midcontinent Independent System Operator, Inc., ALLETE, Inc.

    Description: § 205(d) Rate Filing: 2018-11-19_SA 3211 MP-GRE IA (Birch Lake) to be effective 11/20/2018.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5076.

    Comments Due: 5 p.m. ET 12/10/18.

    Docket Numbers: ER19-363-000.

    Applicants: Midcontinent Independent System Operator, Inc., ALLETE, Inc.

    Description: § 205(d) Rate Filing: 2018-11-19_SA 3212 MP-GRE ICA (Bergen Lake) to be effective 11/20/2018.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5078.

    Comments Due: 5 p.m. ET 12/10/18.

    Docket Numbers: ER19-364-000.

    Applicants: Alabama Power Company.

    Description: § 205(d) Rate Filing: Happy Hollow Solar Center LGIA Filing to be effective 11/5/2018.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5116.

    Comments Due: 5 p.m. ET 12/10/18.

    Docket Numbers: ER19-365-000.

    Applicants: Public Service Company of Colorado.

    Description: § 205(d) Rate Filing: PSCo-WAPA-TSGT Inter-Entitle-O&M-367-Exh O-0.1.0 to be effective 11/20/2018.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5124.

    Comments Due: 5 p.m. ET 12/10/18.

    Docket Numbers: ER19-366-000.

    Applicants: Public Service Company of Colorado.

    Description: § 205(d) Rate Filing: 2018-11-19 Att N-LGIP—Xcel Queue Reform to be effective 2/1/2019.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5152.

    Comments Due: 5 p.m. ET 12/10/18.

    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 19, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25756 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Number: PR19-14-000.

    Applicants: Louisville Gas and Electric Company.

    Description: Tariff filing per 284.123(b),(e)/: Revised Statement of Operating Conditions DDC and LAUFG to be effective 11/1/2018.

    Filed Date: 11/13/18.

    Accession Number: 201811135011.

    Comments/Protests Due: 5 p.m. ET 12/4/18.

    Docket Number: PR19-15-000.

    Applicants: Alpine High Pipeline LP.

    Description: Tariff filing per 284.123(b),(e)+(g): Revised Statement of Operating Conditions to be effective 11/1/2018.

    Filed Date: 11/13/18.

    Accession Number: 201811135267.

    Comments Due: 5 p.m. ET 12/4/18.

    284.123(g) Protests Due: 5 p.m. ET 1/14/19.

    Docket Number: PR19-16-000.

    Applicants: Lee 8 Storage Partnership.

    Description: Tariff filing per 284.123(b)(2)+(g): Petition for Rate Approval to be effective 11/14/2018.

    Filed Date: 11/14/18.

    Accession Number: 201811145042.

    Comments Due: 5 p.m. ET 12/5/18.

    284.123(g) Protests Due: 5 p.m. ET 1/14/19.

    Docket Number: PR19-17-000.

    Applicants: Black Hills Energy Arkansas, Inc.

    Description: Tariff filing per 284.123(b),(e)/: BHEA SOC Filing to be effective 11/15/2018.

    Filed Date: 11/15/18.

    Accession Number: 201811155052.

    Comments/Protests Due: 5 p.m. ET 12/6/18.

    Docket Number: PR19-18-000.

    Applicants: Rocky Mountain Natural Gas LLC.

    Description: Tariff filing per 284.123(b),(e)/: RMNG Revised SOC Filing to be effective 11/1/2018.

    Filed Date: 11/15/18.

    Accession Number: 201811155053.

    Comments/Protests Due: 5 p.m. ET 12/6/18.

    Docket Numbers: RP19-297-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: eTariff filing per 1430: TETLP Extension to file Form 501-G.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5177.

    Comments Due: 5 p.m. ET 11/21/18.

    Docket Numbers: RP19-298-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: WBX East Amendments Filing to be effective 11/16/2018.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5179.

    Comments Due: 5 p.m. ET 11/28/18.

    Docket Numbers: RP19-299-000.

    Applicants: Transcontinental Gas Pipe Line Company, LLC.

    Description: § 4(d) Rate Filing: Gulf Connector Initial Rate Filing—REV to be effective 12/1/2018.

    Filed Date: 11/19/18.

    Accession Number: 20181119-5000.

    Comments Due: 5 p.m. ET 12/3/18.

    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 date(s). 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 19, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25760 Filed 11-26-18; 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: EC19-23-000.

    Applicants: sPower OpCo A, LLC.

    Description: Errata to November 6, 2018 Application for Authorization Under Section 203 of the Federal Power Act, et al. of sPower OpCo A, LLC.

    Filed Date: 11/14/18.

    Accession Number: 20181114-5155.

    Comments Due: 5 p.m. ET 11/27/18.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG19-20-000.

    Applicants: KCE NY 1, LLC.

    Description: Notice of Self Certification of EWG Status for KCE NY 1, LLC.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5154.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: EG19-21-000.

    Applicants: DG Whitefield LLC.

    Description: Notice of Exempt Wholesale Generator Status of DG Whitefield LLC.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5180.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: EG19-22-000.

    Applicants: Springfield Power, LLC.

    Description: Notice of Exempt Wholesale Generator Status of Springfield Power, LLC.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5185.

    Comments Due: 5 p.m. ET 12/7/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1580-017.

    Applicants: Saguaro Power Company, A Limited Partnership.

    Description: Notice of Non-Material Change in Status of Saguaro Power Company, A Limited Partnership.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5195.

    Comments Due: 5 p.m. ET 12/6/18.

    Docket Numbers: ER17-2059-002; ER12-672-011; ER12-673-011.

    Applicants: Puget Sound Energy, Inc., Brea Generation LLC, Brea Power II, LLC.

    Description: Notice of Non-Material Change in Status of Puget Sound Energy, Inc., et al.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5225.

    Comments Due: 5 p.m. ET 12/6/18.

    Docket Numbers: ER18-1169-004.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2018-11-16 Commitment Cost Enhancements Phase 3 Effective Date Compliance to be effective 4/1/2019.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5031.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-350-000.

    Applicants: PacifiCorp.

    Description: § 205(d) Rate Filing: Avista Exchange Service Agreement for Nichols Pumping Load to be effective 11/1/2018.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5168.

    Comments Due: 5 p.m. ET 12/6/18.

    Docket Numbers: ER19-351-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 1518R16 Arkansas Electric Cooperative Corp NITSA NOA to be effective 12/1/2018.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5059.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-352-000.

    Applicants: Alabama Power Company.

    Description: § 205(d) Rate Filing: Quitman Solar LGIA Filing to be effective 11/1/2018.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5060.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-353-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Letter Agreement ORNI 34 LLC Vallecito Energy Storage SA No. 1045 to be effective 11/9/2018.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5085.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-354-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2018-11-16 Generator Contingency and Remedial Action Scheme Amendment to be effective 3/1/2019.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5087.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-355-000.

    Applicants: ITC Midwest LLC.

    Description: Application for Authorization for Abandoned Plant Incentive of ITC Midwest LLC.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5130.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-356-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: Revisions to Require All VERs to Register and Convert to DVERs to be effective 1/16/2019.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5137.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-357-000.

    Applicants: KCE NY 1, LLC.

    Description: Baseline eTariff Filing: KCE NY 1, LLC Market Based Rate Filing to be effective 1/15/2019.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5153.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-358-000.

    Applicants: DG Whitefield LLC.

    Description: Baseline eTariff Filing: Baseline new to be effective 1/16/2019.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5181.

    Comments Due: 5 p.m. ET 12/7/18.

    Docket Numbers: ER19-359-000.

    Applicants: Springfield Power, LLC.

    Description: Baseline eTariff Filing: Baseline new to be effective 1/16/2019.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5183.

    Comments Due: 5 p.m. ET 12/7/18.

    Take notice that the Commission received the following electric reliability filings:

    Docket Numbers: RR17-6-000.

    Applicants: North American Electric Reliability Corporation.

    Description: Compliance Filing of the North American Electric Reliability Corporation in Response to Order Approving in Part and Denying in Part Amendments to the Electric Reliability Organizations's Rules of Procedure.

    Filed Date: 11/16/18.

    Accession Number: 20181116-5083.

    Comments Due: 5 p.m. ET 12/7/18.

    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 16, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25754 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP19-13-000] Algonquin Gas Transmission, LLC; Notice of Application

    Take notice that on November 5, 2018, Algonquin Gas Transmission, LLC (Algonquin), 5400 Westheimer Court, Houston, Texas 77056, filed an application pursuant to section 7(b) and 7(c) of the Natural Gas Act (NGA) and the Commission's regulations seeking authorization to replace its existing Yorktown metering and regulation (M&R) station located in Westchester County, New York, with upgraded facilities for additional operation flexibility and reliability on its system. Algonquin states the project will be fully reimbursed by Consolidated Edison Company of New York, Inc., all as more fully described in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Any questions regarding this application should be directed to Lisa A. Connolly, Director, Rates and Certificates, Algonquin Gas Transmission, LLC, P.O. Box 1642, Houston, Texas 77251, by telephone at (713) 627-4102, by fax at (713) 627-5947, or by email at [email protected]

    Specifically, Algonquin states that the proposed construction will include the (i) installation and subsequent removal of temporary bypass facilities, (ii) removal and replacement of the station building and housed facilities including two ultrasonic meters, one low flow meter, a flow control valve, and regulation facilities, (iii) replacement of the existing gas-fired heater. The proposed project will increase capacity on Algonquin's system to 31,200 Dekatherms per day. Algonquin states the replacement and upgrade of the metering facilities is anticipated to begin in the spring of 2020, with the completion of the meter replacement and facility upgrade by the fall of 2020.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 3 copies of filings made in the proceeding with the Commission and must provide a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list and will be notified of any meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission and will not have the right to seek court review of the Commission's final order.

    As of the February 27, 2018 date of the Commission's order in Docket No. CP16-4-001, the Commission will apply its revised practice concerning out-of-time motions to intervene in any new Natural Gas Act section 3 or section 7 proceeding.1 Persons desiring to become a party to a certificate proceeding are to intervene in a timely manner. If seeking to intervene out-of-time, the movant is required to “show good cause why the time limitation should be waived,” and should provide justification by reference to factors set forth in Rule 214(d)(1) (18 CFR 385.214(d)(1)) of the Commission's Rules and Regulations.

    1Tennessee Gas Pipeline Company, L.L.C., 162 FERC ¶ 61,167 at P 50 (2018).

    The Commission strongly encourages electronic filings of comments, 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 3 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern time on December 11, 2018.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25806 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP19-286-000.

    Applicants: Rager Mountain Storage Company LLC.

    Description: § 4(d) Rate Filing: RMSC's Clean-Up Filing—November 2018 to be effective 12/15/2018.

    Filed Date: 11/14/18.

    Accession Number: 20181114-5025.

    Comments Due: 5 p.m. ET 11/26/18.

    Docket Numbers: RP19-287-000.

    Applicants: Equitrans, L.P.

    Description: § 4(d) Rate Filing: Equitrans' Clean-Up Filing—November 2018 to be effective 10/1/2018.

    Filed Date: 11/14/18.

    Accession Number: 20181114-5032.

    Comments Due: 5 p.m. ET 11/26/18.

    Docket Numbers: RP19-288-000.

    Applicants: Elba Express Company, L.L.C.

    Description: § 4(d) Rate Filing: Shell Negotiated Rate 11/28/18 to be effective 11/28/2018.

    Filed Date: 11/14/18.

    Accession Number: 20181114-5096.

    Comments Due: 5 p.m. ET 11/26/18.

    Docket Numbers: RP19-289-000.

    Applicants: Southern Star Central Gas Pipeline, Inc.

    Description: § 4(d) Rate Filing: Offer and Petition for Approval of Settlement to be effective 1/1/2019.

    Filed Date: 11/14/18.

    Accession Number: 20181114-5130.

    Comments Due: 5 p.m. ET 11/26/18.

    Docket Numbers: RP19-290-000.

    Applicants: Southern Natural Gas Company, L.L.C.

    Description: Compliance filing Annual Report on Operational Transactions 2018.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5012.

    Comments Due: 5 p.m. ET 11/27/18.

    Docket Numbers: RP19-291-000.

    Applicants: Discovery Gas Transmission LLC.

    Description: § 4(d) Rate Filing: 2019 HMRE Surcharge Filing to be effective 1/1/2019.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5047.

    Comments Due: 5 p.m. ET 11/27/18.

    Docket Numbers: RP19-292-000.

    Applicants: Midwestern Gas Transmission Company.

    Description: § 4(d) Rate Filing: Gas Quality and Pressure to be effective 12/15/2018.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5069.

    Comments Due: 5 p.m. ET 11/27/18.

    Docket Numbers: RP19-293-000.

    Applicants: Northern Natural Gas Company.

    Description: § 4(d) Rate Filing: 20181115 Negotiated Rates to be effective 11/1/2018.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5102.

    Comments Due: 5 p.m. ET 11/27/18.

    Docket Numbers: RP19-294-000.

    Applicants: Centra Pipelines Minnesota Inc.

    Description: eTariff filing per 1430: Extension of time to be effective 12/31/9998.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5109.

    Comments Due: 5 p.m. ET 11/19/18.

    Docket Numbers: RP19-295-000.

    Applicants: EOG Resources, Inc., EOG Y Resources, Inc., EOG A Resources, Inc., EOG M Resources, Inc.

    Description: Request for Temporary Waiver, et al. of EOG Resources, Inc., et al. under RP19-295.

    Filed Date: 11/15/18.

    Accession Number: 20181115-5131.

    Comments Due: 5 p.m. ET 11/23/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: November 16, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-25753 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP19-3-000] Gulf South Pipeline, LP; Notice of Intent To Prepare an Environmental Assessment for the Proposed Petal III Compression Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the Petal III Compression Project involving construction and operation of facilities by Gulf South Pipeline Company, LP (Gulf South) in Forrest County, Mississippi. The Commission will use this EA in its decision-making process to determine whether the project is in the public convenience and necessity.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies about issues regarding the project. The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from its action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires the Commission to discover concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. To ensure that your comments are timely and properly recorded, please submit your comments so that the Commission receives them in Washington, DC on or before 5:00 p.m. Eastern Time on December 20, 2018.

    You can make a difference by submitting your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EA. Commission staff will consider all filed comments during the preparation of the EA.

    If you sent comments on this project to the Commission before the opening of this docket on October 9, 2018, you will need to file those comments in Docket No. CP19-3-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable easement agreement. You are not required to enter into an agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if you and the company do not reach an easement agreement, the pipeline company could initiate condemnation proceedings in court. In such instances, compensation would be determined by a judge in accordance with state law.

    Gulf South provided landowners with a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

    Public Participation

    The Commission offers a free service called eSubscription which makes it easy to stay informed of all issuances and submittals regarding the dockets/projects to which you subscribe. These instant email notifications are the fastest way to receive notification and provide a link to the document files which can reduce the amount of time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.

    For your convenience, there are three methods you can use to submit your comments to the Commission. The Commission encourages electronic filing of comments and has staff available to assist you at (866) 208-3676 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature, which is located on the Commission's website (www.ferc.gov) under the link to Documents and Filings. Using eComment is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature, which is located on the Commission's website (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; a comment on a particular project is considered a “Comment on a Filing”; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket number (CP19-3-000) with your submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426.

    Summary of the Proposed Project

    Gulf South proposes to construct, operate, and maintain two new electric-driven 5,000 horsepower compressor units, one dehydration unit, one thermal oxidizer, and other auxiliary appurtenant facilities within the existing Petal III Compressor Station in Forrest County, Mississippi. The project would increase the injection capability from 1,488 million standard cubic feet per day (MMscf/d) to 1,738 MMscf/d, and modify the withdrawal capability from 1,945 to 2,495 MMscf/d.

    According to Gulf South, the project would enhance operational flexibility, allow for the continued provision of reliable natural gas storage service, and increase the number of injection and withdrawal cycles to satisfy the needs of new customers desiring service from the Petal Gas Storage facilities (Petal Complex). The Petal Complex includes eight salt caverns and four compressor stations.

    The general location of the project facilities is shown in appendix 1.1

    1 The appendices referenced in this notice will not appear in the Federal Register. Copies of appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called “eLibrary” or from the Commission's Public Reference Room, 888 First Street NE, Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Land Requirements for Construction

    Construction of the proposed facilities would disturb about 18.8 acres of land for the workspaces, access roads, and aboveground facilities. However, 6.6 acres of this disturbed land during construction would occur within the Petal III Compressor Station. Following construction, Gulf South would maintain about 5.5 acres for the permanent storage yard and dehydration unit; the remaining acreage would be restored and revert to former uses.

    The EA Process

    The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

    • Geology and soils;

    • water resources and wetlands;

    • vegetation and wildlife;

    • threatened and endangered species;

    • cultural resources;

    • land use;

    • air quality and noise;

    • public safety; and

    • cumulative impacts

    Commission staff will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EA will present Commission staffs' independent analysis of the issues. The EA will be available in electronic format in the public record through eLibrary 2 and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will receive instant email notification when the EA is issued. The EA may be issued for an allotted public comment period. Commission staff will consider all comments on the EA before making recommendations to the Commission. To ensure Commission staff have the opportunity to address your comments, please carefully follow the instructions in the Public Participation section, beginning on page 2.

    2 For instructions on connecting to eLibrary, refer to the last page of this notice.

    With this notice, the Commission is asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of this project to formally cooperate in the preparation of the EA.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultation Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, the Commission is using this notice to initiate consultation with the applicable State Historic Preservation Office (SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.4 Commission staff will define the project-specific Area of Potential Effects (APE) in consultation with the SHPO as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). The EA for this project will document findings on the impacts on historic properties and summarize the status of consultations under section 106.

    4 The Advisory Council on Historic Preservation's regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. Commission staff will update the environmental mailing list as the analysis proceeds to ensure that Commission notices related to this environmental review are sent to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.

    If the Commission issues the EA for an allotted public comment period, a Notice of Availability of the EA will be sent to the environmental mailing list and will provide instructions to access the electronic document on the FERC's website (www.ferc.gov). If you need to make changes to your name/address, or if you would like to remove your name from the mailing list, please return the attached “Mailing List Update Form” (appendix 2).

    Additional Information

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at www.ferc.gov using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number in the “Docket Number” field, excluding the last three digits (i.e., CP19-3). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings.

    Public sessions or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25805 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR19-8-000] TransMontaigne Product Services LLC v. Colonial Pipeline Company; Notice of Complaint

    Take notice that on November 16, 2018, pursuant to Rule 206 of the Rules of the Practice and Procedure of the Federal Energy Regulatory Commission (Commission), 18 CFR 385.206 (2018), Part 343 of the Commission's Rules and Regulations, 18 CFR 343.2 (2018), and sections 1(5), 6 and 13 of the Interstate Commerce Act, 49 U.S.C. App. 1(5), 6 and 13, TransMontaigne Product Services LLC (Complainant) filed a formal complaint (complaint) against Colonial Pipeline Company (Respondent) alleging that the Respondent attempted to increase charges related to product volume losses without stating the charges in its tariff, explaining the derivation of such charges, or providing shippers with an opportunity to evaluate and challenge such charges, as more fully explained in the complaint.

    The Complainant certifies that copies of the complaint were served on the contacts for the Respondent as listed on the Commission's list of Corporate Officials.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainant.

    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 online at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5 p.m. Eastern Time on December 6, 2018.

    Dated: November 20, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-25811 Filed 11-26-18; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2017-0647; FRL-9986-78-OEI] Agency Information Collection Activities; Renewal Request Submitted to OMB for Review and Approval; Comment Request; PCBs, Consolidated Reporting and Record Keeping Requirements AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “PCBs, Consolidated Reporting and Record Keeping Requirements” and identified by EPA ICR Number 1446.12 and OMB Control Number 2070-0112. The ICR, which is available in the docket along with other related materials provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. This is a request to renew the approval of an existing ICR, which is currently approved through November 30, 2018. EPA previously provided a 60-day public review opportunity via the Federal Register on August 27, 2018. With this submission, EPA is providing an additional 30-days for public review.

    DATES:

    Comments must be received on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number [EPA-HQ-OPP-2017-0647, to both EPA and OMB as follows: To (1) EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460 and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the 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. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Peter Gimlin, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 566-0515; email address: [email protected]

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

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This is a request to renew the approval of an existing ICR, which is currently approved through November 30, 2018. EPA did not receive any comments in response to the previously provided 60-day public review opportunity (83 FR 43675, August 27, 2018) (FRL-9982-52). Under the PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: This ICR covers the information collection activities that implement the statutory mandates in section 6(e) of the Toxic Substances Control Act (TSCA) related to polychlorinated biphenyls (PCBs), 15 U.S.C. 2605(e). Specifically, TSCA section 6(e)(1) directs EPA to regulate the marking and disposal of PCBs. Section 6(e)(2) bans the manufacturing, processing, distribution in commerce, and use of PCBs in other than a totally enclosed manner. Section 6(e)(3) establishes a process for obtaining exemptions from the prohibitions on the manufacture, processing, and distribution in commerce of PCBs. Implementing regulations have been codified in 40 CFR part 761, and include approximately 100 specific reporting, third-party reporting, and recordkeeping requirements. The regulations are intended to prevent the improper handling and disposal of PCBs and to minimize the exposure of human beings or the environment to PCBs.

    Responses to the collection of information are mandatory (see 40 CFR part 761). Respondents may claim all or part of a response confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.

    Form numbers: 7720-12 and 7710-53.

    Respondents/affected entities: Entities potentially affected by this ICR are persons who currently possess PCB items, PCB-contaminated equipment or other PCB waste.

    Respondent's obligation to respond: Mandatory.

    Estimated number of respondents: 87,190 (total).

    Frequency of response: On occasion.

    Total estimated burden: 681,407 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $30,374,118 (per year), includes $0 annualized capital or operation & maintenance costs.

    Changes in the estimates: This request reflects a decrease of 64,519 hours in the total estimated respondent burden from that currently in the OMB inventory. The changes in the total annual respondent reporting and recordkeeping burdens and costs are due to updates to the most current wage rate data and to revisions to the total number of respondents. The revisions to total number of respondents are the result of new data gathered for this ICR effort, updated Agency data regarding total numbers of regulated entities, and the overlapping coverage of the recently revised Universal Hazardous Waste Manifest ICR (OMB Control No. 2050-0039). The ICR supporting statement provides a detailed analysis of the change in burden estimate. This change is an adjustment.

    Dated: November 16, 2018. Courtney Kerwin, Director, Collection Strategies Division.
    [FR Doc. 2018-25775 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2017-0645; FRL-9986-96-OEI] Agency Information Collection Activities; Renewal Request Submitted to OMB for Review and Approval; Comment Request; Premanufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): Premanufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances (EPA ICR No. 0574.18, OMB Control No. 2070-0012). The ICR, which is available in the docket, is only briefly summarized in this document. This is a request to renew the approval of an existing ICR, currently approved through November 30, 2018. EPA previously provided a 60-day public review opportunity via the Federal Register on July 25, 2018. With this submission, EPA is providing an additional 30-days for public review. Under the PRA, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number.

    DATES:

    Comments must be received on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number [EPA-HQ-OPP-2017-0645, to: (1) EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460 and (2) via email to [email protected] Address comments to OMB Desk Officer for EPA. EPA's policy is that all comments received will be included in the 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. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Adam Ross, Chemical Control Division (7404M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone: (202) 564-1625; email address: [email protected]

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

    SUPPLEMENTARY INFORMATION:

    Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: This ICR covers the information collection activities that implement the statutory mandates in section 5 of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016, related to new chemical substances, 15 U.S.C. 2604, and the implementing regulations codified in 40 CFR parts 700, 720, 721, 723, and 725. Specifically, TSCA section 5 requires that any person who proposes to manufacture (which includes import) a new chemical substance (i.e., a chemical substance not listed on the TSCA section 8(b) Inventory) or a significant new use of a chemical substance (as identified by EPA rule) must provide a notice to EPA at least 90 days prior to commencing the manufacture of that chemical substance. EPA must review the section 5 notice, make an affirmative determination on the safety of the new chemical substance or significant new use, and, if appropriate, regulate the chemical substance to address any unreasonable risks identified before it can proceed to the marketplace. TSCA section 5 authorizes EPA to determine by rule that a use of a chemical substance is a significant new use requiring notice to and review and determination by the Agency through a significant new use rule (SNUR) that requires any person who proposes to manufacture or process a chemical substance for a designated new use to submit a Significant New Use Notice (SNUN) to the Agency. EPA must review the SNUN, make a determination on the chemical substance, and take appropriate action pursuant to TSCA section 5. The submitter of a premanufacture notice (PMN), significant new use notice (SNUN), or microbial commercial activity notice (MCAN) is also required to inform EPA when non-exempt commercial manufacture of the substance in question actually begins by submitting a Notice of Commencement (NOC). Under TSCA section 5, EPA must make one of five possible regulatory determinations with respect to the new chemical substance or significant new use and take action, as appropriate, to ensure adequate protection of human health and the environment. If EPA takes no action within the 90-day review period for PMNs (or 30 or 45 days for PMN exemption applications), TSCA section 5 states that the PMN submitter is entitled to receive a refund of fees paid. Respondents may claim all or part of a response confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.

    Form numbers: Premanufacture Notice (EPA Form No. 7710-25) and Notice of Commencement of Manufacture or Import (EPA Form No. 7710-56).

    Respondents/affected entities: Companies that manufacture, process or import chemical substances.

    Respondent's obligation to respond: Mandatory.

    Frequency of response: On occasion.

    Estimated total number of respondents: 234.

    Estimated total burden: 135,230 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Estimated total cost: $49,979,150 (per year), includes $0 annualized capital or operation and maintenance costs.

    Changes in the estimates: There is an increase of 18,054 hours in the total estimated respondent burden compared with that currently approved by OMB. This increase reflects an adjustment in EPA's estimated number of each type of notice; the estimated number of annual CDX registrants; and EPA corrected some discrepancies in estimating burden from the previous ICR. This increase also reflects a program change from incorporating burden associated with new CBI substantiation requirements resulting from the 2016 amendment to TSCA and the inclusion of burden associated with the “Points to Consider When Preparing TSCA New Chemical Notifications” guidance document.

    Dated: November 19, 2018. Courtney Kerwin, Director, Collection Strategies Division.
    [FR Doc. 2018-25778 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0654; FRL-9986-50-OEI] Agency Information Collection Activities; Submitted to OMB for Review and Approval; Comment Request; Certification of Pesticide Applicators (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “Certification of Pesticide Applicators (Renewal)” and identified by EPA ICR No. 0155.13 and OMB Control No. 2070-0029. This is a request to renew the approval of an existing ICR, which is currently approved through November 30, 2018. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on April 27, 2018. With this submission, EPA is providing an additional 30 days for public review and comment.

    DATES:

    Comments must be received on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2017-0654, to: (1) EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460 and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the 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. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Ryne Yarger, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (703) 605-1193; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This ICR is currently scheduled to expire on November 30, 2018. EPA announced its intended renewal of this ICR and provided an opportunity for public review and comment in the Federal Register on April 27, 2018 (83 FR 18553). Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB.

    Under PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: EPA administers certification programs for pesticide applicators under section 11 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and EPA regulations in 40 CFR part 171. FIFRA allows EPA to classify a pesticide as “restricted use” if the pesticide meets certain toxicity or risk criteria. This ICR addresses the paperwork activities performed by businesses, individuals and regulators to comply with training and certification requirements associated with applicators of restricted use pesticides (RUPs). Because of the potential of improperly applied RUPs to harm human health or the environment, pesticides under this classification may be purchased and applied only by “certified applicators” or by persons under the direct supervision of certified applicators. This ICR addresses instances in which registrants of certain pesticide products are required to perform specific paperwork activities, such as training and recordkeeping, as a condition of the pesticide registration (e.g., registrants of pesticide products that assert claims to inactivate Bacillus anthracis (anthrax) spores).

    To become a certified applicator, a person must meet certain standards of competency through completion of a certification program or test. Authorized agencies administer certified applicator programs within their jurisdictions, but each agency's certification plan must be approved by EPA before it can be implemented. In areas where no authorized agency has jurisdiction, EPA may administer a certification program directly.

    This ICR also addresses how registrants of certain pesticide products are expected to perform specific, special paperwork activities, such as training and recordkeeping, in order to comply with the terms and conditions of the pesticide registration (e.g., registrants of anthrax-related pesticide products that assert claims to inactivate Bacillus anthracis spores). Paperwork activities associated with the use of such products are conveyed specifically as a condition of the registration.

    Respondents/Affected Entities: Pesticide applicators, administration of certification programs by States/Tribal lead agencies (authorized agencies), individuals or entities engaged in activities related to the registration of a pesticide product, and RUP dealers (only for EPA administered programs).

    Form Numbers: EPA Form 8500-17 and EPA Form 8500-17-N.

    Respondent's Obligation To Respond: Mandatory (FIFRA sections 3 and 11).

    Estimated Total Number of Potential Respondents: 444,639 (total).

    Frequency of Response: On occasion.

    Estimated Total Burden: 1,379,444 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Estimated Total Costs: $53,046, 591 (per year), includes $0 annualized capital investment or maintenance and operational costs.

    Changes in the Estimates: There is an increase of 58,661 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase reflects an EPA update of the number of respondents and the wage rates, and a change in the number of entities whose certification programs are directly overseen by EPA. The changes are the result of adjustments.

    Courtney Kerwin, Director, Collection Strategies Division.
    [FR Doc. 2018-25713 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OLEM-2050-0154; FRL-9986-22-OEI] Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Criteria for Classification of Solid Waste Disposal Facilities and Practices AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Criteria for Classification of Solid Waste Disposal Facilities and Practices (EPA ICR Number 1745.09, OMB Control Number 2050-0154) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested via the Federal Register (83 FR 38141) on August 03, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OLEM-2018-0317, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Craig Dufficy, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, mailcode 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 703-308-9037; fax number: 703-308-8686; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Abstract: 40 Part 257, Subpart B established specific standards and reporting and recordkeeping requirements for owners and operators of new, existing, and lateral expansions of existing non-municipal non-hazardous waste disposal units that receive conditionally exempt small quantity generator (CESQG) hazardous wastes. In order to effectively implement and enforce 40 CFR part 257 Subpart B on a State level, owners/operators of construction and demolition waste landfills that receive CESQG hazardous wastes have to comply with the reporting and recordkeeping requirements.

    Form numbers: None.

    Respondents/affected entities: Entities potentially affected by this action are the private sector, as well as State, Local, or Tribal Governments.

    Respondent's obligation to respond: Mandatory under Section 4010(c) and 3001(d)(4) of the Resource Conservation and Recovery Act (RCRA) of 1976.

    Estimated number of respondents: 152.

    Frequency of response: On occasion.

    Total estimated burden: 11,219 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $1,951,843 per year, includes $374,184 annualized labor and $1,577,659 annualized capital or operation & maintenance costs.

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

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-25776 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-SFUND-2015-0100; FRL-9985-48-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Continuous Release Reporting Requirement Including Analysis for Use of Continuous Release Reporting Forms (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Continuous Release Reporting Requirement Including Analysis for Use of Continuous Release Reporting Forms (EPA ICR No. 1445.14, OMB Control No. 2050-0086) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested via the Federal Register on May 30, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-SFUND-2015-0100, online using www.regulations.gov (our preferred method), by email to [email protected] or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Wendy Hoffman, Regulations Implementation Division, Office of Emergency Management, (5104A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-8794; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Abstract: Continuous Release Reporting Requirements (CRRR) under Section 103(a) of CERCLA, as amended, requires the person in charge of a vessel or facility immediately to notify the National Response Center (NRC) of a hazardous substance release into the environment if the amount of the release equals or exceeds the substance's reportable quantity (RQ). If the source and chemical composition of the continuous release do not change and the level of the continuous release does not significantly increase, a follow-up written report to the EPA Region one year after submission of the initial written report is also required. The person in charge must notify the NRC and EPA Region of a change in the source or composition of the release, and under section 103(a) of CERCLA, a significant increase must be reported immediately to the NRC. Finally, any change in information submitted in support of a continuous release notification must be reported to the EPA Region. Section 103(f)(2) of CERCLA provides facilities relief from per-occurrence notification release requirements if the subject release is continuous and stable in quantity and rate.

    CRR allows the Federal government to determine whether a Federal response action is required to control or mitigate any potential adverse effects to public health, welfare or the environment. The release information is also available to EPA program offices and other Federal agencies who evaluate the potential need for additional regulations, new permitting requirements for specific substances or sources, or improved emergency response planning. State and local government authorities and facilities subject to the CRRR use release information for local emergency response planning. The public, which has access to release information through the Freedom of Information Act, may request release information on what types of releases are occurring in different localities and what actions, if any, are being taken to protect public health, welfare and the environment.

    Form numbers: EPA Form 6100-10, Continuous Release Reporting Form.

    Respondents/affected entities: Entities potentially affected by this action are not defined. The use and release of hazardous substances are pervasive throughout industry. EPA expects many different industrial categories to report hazardous substance releases under the provisions of the CRRR. No one industry sector or group of sectors is disproportionately affected by the information collection burden.

    Respondent's obligation to respond: Mandatory if respondents want reduced reporting for continuous releases.

    Estimated number of respondents: 4,192.

    Frequency of response: On occasion.

    Total estimated burden: 334,472 hours (average per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $19,797,899 (average per year), including $243,200 annualized capital or operation & maintenance costs (average per year).

    Changes in estimates: There is an increase of 8,890 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase in burden results primarily from use of data on the actual number of continuous release reports from several regions and applying a growth rate consistent with prior years reporting. The average annual percent increase in facilities in the previous ICR was approximately 7.5%. The same percent increase was assumed for this ICR. The unit burden hours per respondent information collection activity remains the same as the previous ICR. In addition, this ICR includes the requirements under EPCRA section 304, which were inadvertently omitted in the previous renewal.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-25777 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OARM-2018-0229; FRL-9985-08-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Monthly Progress Reports (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Monthly Progress Reports (EPA ICR Number 1039.15, OMB Control Number 2030-0005) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through December 31, 2018. Public comments were previously requested via the Federal Register on June 13, 2018, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OARM-2018-0229, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Valentino, Policy, Training and Oversight Division, Office of Acquisition Management (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-4522; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Abstract: Appropriate Government surveillance of contractor performance is required to give reasonable assurance that efficient methods and effective cost controls are being used for various cost-reimbursable and fixed-rate contracts. Per 48 CFR 1552.211 regulations, on a monthly basis the Agency requires contractors to provide the Contracting Officer's Representative (COR) with a report detailing: (a) What was accomplished on the contract for that period; (b) expenditures for the same period of time; and (c) what is expected to be accomplished on the contract for the next month. Responses to the information collection are mandatory for contractors and are required for the contractors to receive monthly payments.

    Form numbers: None.

    Respondents/affected entities: Private sector.

    Respondent's obligation to respond: Mandatory per 48 CFR 1552.211.

    Estimated number of respondents: 337 (total).

    Frequency of response: Monthly.

    Total estimated burden: 97,056 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $9,074,736 (per year), includes $50,550 annualized capital or operation & maintenance costs.

    Changes in the estimates: There is an increase of 19,650 hours (97,056-77,406) in the total estimated respondent burden compared with the ICR currently approved by OMB because there are approximately 337 contracts and orders requiring response in 2018 instead of only 266 in 2014. This figure has increased to 337 due in part to shorter-value and shorter-length contracts being awarded due to budget uncertainty; e.g., continuing funding resolutions, sequestration budget cuts.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-25769 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-SFUND-2005-0007, FRL-9987-04-OLEM] Agency Information Collection Activities; Proposed Collection; Comment Request; EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response (Renewal); EPA ICR Number 1426.12, OMB Control Number 2050-0105 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on February 28, 2019. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

    DATES:

    Comments must be submitted on or before January 28, 2019.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-SFUND-2005-0007 by one of the following methods:

    www.regulations.gov: Follow the on-line instructions for submitting comments.

    Email: [email protected].

    Mail: 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 and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Sella M. Burchette, U.S. Environmental Response Team, MS 101, Building 205, Edison, NJ 08837, telephone number: 732-321-6726; fax number: 732-321-6724; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits 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: Section 126(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) requires EPA to set worker protection standards for State and local employees engaged in hazardous waste operations and emergency response in the 27 States that do not have Occupational Safety and Health Administration approved State plans. The EPA coverage, as cited in 40 CRF 311, required to be identical to the OSHA standards, extends to three categories of employees: Those engaged in clean-ups at uncontrolled hazardous waste sites, including corrective actions at Treatment, Storage and Disposal (TSD) facilities regulated under the Resource Conservation and Recovery Act (RCRA); employees working on routine hazardous waste operations at RCRA TSD facilities, and employees involved in emergency response operations without regard to location. This ICR renews existing mandatory record keeping collection of ongoing activities including monitoring of any potential employee exposure at uncontrolled hazardous waste sites, maintaining records of employee training, refresher training, medical exams and reviewing emergency response plans.

    Form numbers: None.

    Respondents/affected entities: Entities potentially affected by this action are those State and local employees engaged in hazardous waste operations and emergency response in the 27 States that do not have Occupational Health & Safety Administration (OSHA) approved State plans.

    Respondent's obligation to respond: 40 CFR 311 has no reporting requirements. There are record keeping requirements by inference in Section (e) and by statue in Section (f)[8] of OSHA's 29 CFR 1910.120.

    Estimated total number of respondents: 24,000.

    Frequency of response: Annually recordkeeping. No response required to Agency.

    Estimated total annual burden hours: 255,427 hours.

    Estimated total annual costs: $3,528,888, which is entirely for labor. There are no capital investment or maintenance and operational costs.

    Changes in estimates: These burden estimates reflect what is currently approved by OMB, without change. EPA will provide revised burden estimates when the second comment period for this ICR is opened. However, as the universe and regulations have not changed, EPA does not anticipate any substantive changes to the burden figures.

    Dated: November 15, 2018. James E. Woolford, Director, Office of Superfund Remediation and Technology Innovation.
    [FR Doc. 2018-25890 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-SFUND-2012-0578; FRL-9986-38-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Technical Assistance Needs Assessments (TANAs) at Superfund Remedial or Removal Sites (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Technical Assistance Needs Assessments (TANAs) at Superfund Remedial or Removal Sites (EPA ICR No. 2470.02, OMB Control No. 2050-0211), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested via the Federal Register on September 19, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-SFUND-2012-0578, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected] or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Robert Shewack, Office of Site Remediation and Restoration, (OSRR01-5), Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912; telephone number: (617) 918-1428; fax number: (617) 918-0428; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Abstract: This ICR covers the usage of TANAs with members of the impacted community in order to determine how the community is receiving technical information about a Superfund remedial or removal site; whether the community needs additional assistance in order to understand and respond to site-related technical information; and whether there are organizations in the community that are interested or involved in site-related issues and capable of acting as an appropriate conduit for technical assistance services to the affected community. Given the specific nature of the TANA, 8 to 10 persons are expected be interviewed per site, with an estimated total of 250 persons being interviewed per year (25 sites). Responses to the collection of information are voluntary and the names of respondents will be protected by the Privacy Act. The TANA will help ensure the community's needs for technical assistance are defined as early in the remedial/removal process as possible and enable meaningful community involvement in the Superfund decision-making process. Additionally, the TANA process produces a blueprint for designing a coordinated effort to meet the community's needs for additional technical assistance while minimizing the overlap of services provided.

    Form numbers: None.

    Respondents/affected entities: Local/state government officials and individual community members who may be impacted by a Superfund site or a removal action lasting 120 days or longer. These community members voluntarily participate in community involvement activities throughout the remedial phase of the Superfund process.

    Respondent's obligation to respond: Voluntary.

    Estimated number of respondents: 250 (total).

    Frequency of response: Once during the remediation of the Site. Each TANA interview is expected to last approximately one hour in duration.

    Total estimated burden: 250 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $5,812 (per year), includes $0 annualized capital or operation & maintenance costs.

    Changes in the estimates: No change in the total estimated respondent burden is expected when compared with the ICR currently approved by OMB.

    Courtney Kerwin, Director, Collection Strategies Division.
    [FR Doc. 2018-25779 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0094; FRL—9986-02-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Other Solid Waste Incineration Units (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Other Solid Waste Incineration Units (EPA ICR Number 2163.06, OMB Control Number 2060-0563), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. Public comments were previously requested, via the Federal Register on June 29, 2017, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0094, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Abstract: The New Source Performance Standards (NSPS) for Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart EEEE) apply to very small municipal waste combustion units and institutional waste incineration units. A new incineration unit subject to this subpart should meet either one of two criteria: (1) Commenced construction after December 9, 2004; or (2) commenced reconstruction or modification either on or after June 16, 2006. A very small municipal waste combustion unit is any municipal waste combustion unit that has the capacity to combust less than 35 tons per day of municipal solid waste or refuse-derived fuel. An institutional waste incineration unit is any combustion unit that combusts institutional waste and is a distinct operating unit of the institutional facility that generated the waste. Institutional waste is solid waste that is combusted at any institutional facility using controlled flame combustion in an enclosed, distinct operating unit: Whose design does not provide for energy recovery; operated without energy recovery; or operated with only waste heat recovery. Institutional waste also means solid waste combusted on site in an air curtain incinerator that is a distinct operating unit of any institutional facility. In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR part 60, subpart EEEE.

    Form numbers: None.

    Respondents/affected entities: OSWI units, which include two subcategories: VSMWC units that combust less than 35 tons per day of waste and IWI units.

    Respondent's obligation to respond: Mandatory (40 CFR part 60 Subpart EEEE).

    Estimated number of respondents: 110 (total).

    Frequency of response: Initially, semiannually and annually.

    Total estimated burden: 80,800 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $11,900,000 (per year), which includes $2,720,000 in annualized capital/startup and/or operation & maintenance costs.

    Changes in the estimates: There is an increase in the labor hours or cost in this ICR compared to the previous ICR. The adjustment increase in burden from the most-recently approved ICR is due to an increase in the number of new or modified sources anticipated to be subject to the standard over the three-year period. The adjustment increase in burden is due to more accurate estimates of anticipated new sources: Based on Agency review, knowledge, and experience with the NSPS program and source category, and the growth rate for the industry should account for conservative growth and minimal burden. The overall result is an increase in burden hours and costs.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2018-25770 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2017-0646; FRL-9986-84-OEI] Agency Information Collection Activities; Renewal Request Submitted to OMB for Review and Approval; Comment Request; Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies” and identified by EPA ICR No. 0575.16 and OMB Control No. 2070-0004. The ICR, which is available in the docket, is only briefly summarized in this document. This is a request to renew the approval of an existing ICR, which is currently approved through November 30, 2018. EPA previously provided a 60-day public review opportunity via the Federal Register on July 25, 2018. With this submission, EPA is providing an additional 30-days for public review.

    DATES:

    Comments must be received on or before December 27, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number [EPA-HQ-OPP-2017-0646, to: (1) EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460 and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the 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. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Andrea Mojica, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone: (202) 564-0599; email address: [email protected]

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

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. For additional information, visit http://www.epa.gov/dockets.

    ICR status: This is a request to renew the approval of an existing ICR, which is currently approved through November 30, 2018. EPA received one comment in response to the previously provided 60-day public review opportunity (83 FR 35271, July 25, 2018), and has addressed that comment in the ICR submitted to OMB. Under the PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: This ICR covers the information collection activities that implement the statutory mandates in section 8(d) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2607(d). Specifically, TSCA section 8(d) authorizes EPA to promulgate rules requiring certain persons who manufacture, process or distribute in commerce (or propose to manufacture, process or distribute in commerce) chemical substances and mixtures, to submit to EPA lists and copies of health and safety studies in their possession with respect to such chemical substances and mixtures. These rules, which are codified in 40 CFR part 716, require the manufacturers and processors of the chemical substances and mixtures subject to a TSCA section 8(d) rulemaking to submit lists and copies of health and safety studies relating to the health and/or environmental effects of the chemical substances and mixtures. To comply, respondents must search their records to identify any health and safety studies in their possession, copy and process relevant studies, list studies that are currently in progress, and submit this information to EPA. The collection schedule under this ICR is chemical-specific in nature and occurs once in an established timeframe between 60 days and 2 years. Reporting of information is only required when the subject matter information (i.e., the lists of studies and final study reports) is available. Availability of study reports on the list may occur after the established reporting period for the list and must still be submitted when they become available. Studies previously submitted to EPA are exempt.

    EPA uses this information to construct a complete picture of the known effects of the chemical substance in question, leading to determinations by EPA of whether additional testing of the chemical substance should be required. The information enables EPA to base its testing decisions on the most complete information available and to avoid requiring testing that may be duplicative. EPA will use information obtained via this collection to support its investigation of the risks posed by the chemical substance and, in particular, to support its decisions on whether to require additional test data be submitted under TSCA section 4. Respondents may claim all or part of a response confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.

    Form numbers: None.

    Respondents/affected entities: Persons who manufacture, or process chemical substances or mixtures, or who propose to do so.

    Respondent's obligation to respond: Mandatory (see 40 CFR part 716).

    Frequency of response: On occasion.

    Estimated total number of respondents: 21.

    Estimated total burden: 302 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Estimated total cost: $24,435 (per year), includes $0 annualized capital or operation and maintenance costs.

    Changes in the estimates: There is a decrease of 1,303 hours in the total estimated respondent burden compared with that currently approved by OMB. This adjustment reflects the realization that the methodology used in the previous ICR overestimated the burden resulting from the addition of chemicals to the TSCA section 8(d) rule.

    Courtney Kerwin, Director, Collection Strategies Division.
    [FR Doc. 2018-25774 Filed 11-26-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0980] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before December 27, 2018. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-0980.

    Title: Implementation of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues and Retransmission Consent Issues, 47 CFR Section 76.66.

    Form Number: Not applicable.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities.

    Number of Respondents and Responses: 10,300 respondents; 11,978 responses.

    Estimated Time per Response: 1 hour to 5 hours.

    Frequency of Response: Third party disclosure requirement; On occasion reporting requirement; Once every three years reporting requirement; Recordkeeping requirement.

    Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in 47 U.S.C. 325, 338, 339 and 340.

    Total Annual Burden: 12,186 hours.

    Total Annual Cost: $24,000.

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Needs and Uses: The following information collection requirements are approved under this collection: 47 CFR 76.66(d)(6) addresses satellite carriage after a market modification is granted by the Commission. The rule states that television broadcast stations that become eligible for mandatory carriage with respect to a satellite carrier (pursuant to § 76.66) due to a change in the market definition (by operation of a market modification pursuant to § 76.59) may, within 30 days of the effective date of the new definition, elect retransmission consent or mandatory carriage with respect to such carrier. A satellite carrier shall commence carriage within 90 days of receiving the carriage election from the television broadcast station. The election must be made in accordance with the requirements of 47 CFR 76.66(d)(1).

    47 CFR 76.66(b)(1) states each satellite carrier providing, under section 122 of title 17, United States Code, secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, shall carry upon request the signals of all television broadcast stations located within that local market, subject to section 325(b) of title 47, United States Code, and other paragraphs in this section. Satellite carriers are required to carry digital-only stations upon request in markets in which the satellite carrier is providing any local-into-local service pursuant to the statutory copyright license.

    47 CFR 76.66(b)(2) requires a satellite carrier that offers multichannel video programming distribution service in the United States to more than 5,000,000 subscribers shall, no later than December 8, 2005, carry upon request the signal originating as an analog signal of each television broadcast station that is located in a local market in Alaska or Hawaii; and shall, no later than June 8, 2007, carry upon request the signals originating as digital signals of each television broadcast station that is located in a local market in Alaska or Hawaii. Such satellite carrier is not required to carry the signal originating as analog after commencing carriage of digital signals on June 8, 2007.

    Carriage of signals originating as digital signals of each television broadcast station that is located in a local market in Alaska or Hawaii shall include the entire free over-the-air signal, including multicast and high definition digital signals.

    47 CFR 76.66(c)(3)-(4) requires that a commercial television station notify a satellite carrier in writing whether it elects to be carried pursuant to retransmission consent or mandatory consent in accordance with the established election cycle. 47 CFR 76.66(c)(5) requires that a noncommercial television station must request carriage by notifying a satellite carrier in writing in accordance with the established election cycle.

    47 CFR 76.66(c)(6) requires a commercial television broadcast station located in a local market in a noncontiguous state to make its retransmission consent-mandatory carriage election by October 1, 2005, for carriage of its signals that originate as analog signals for carriage commencing on December 8, 2005 and ending on December 31, 2008, and by April 1, 2007 for its signals that originate as digital signals for carriage commencing on June 8, 2007 and ending on December 31, 2008. For analog and digital signal carriage cycles commencing after December 31, 2008, such stations shall follow the election cycle in 47 CFR 76.66(c)(2) and 47 CFR 76.66(c)(4). A noncommercial television broadcast station located in a local market in Alaska or Hawaii must request carriage by October 1, 2005, for carriage of its signals that originate as an analog signal for carriage commencing on December 8, 2005 and ending on December 31, 2008, and by April 1, 2007 for its signals that originate as digital signals for carriage commencing on June 8, 2007 and ending on December 31, 2008. Moreover, Section 76.66(c) requires a commercial television station located in a local market in a noncontiguous state to provide notification to a satellite carrier whether it elects to be carried pursuant to retransmission consent or mandatory consent.

    47 CFR 76.66(d)(1)(ii) states an election request made by a television station must be in writing and sent to the satellite carrier's principal place of business, by certified mail, return receipt requested.

    47 CFR 76.66(d)(1)(iii) states a television station's written notification shall include the: (A) Station's call sign; (B) Name of the appropriate station contact person; (C) Station's address for purposes of receiving official correspondence; (D) Station's community of license; (E) Station's DMA assignment; and (F) For commercial television stations, its election of mandatory carriage or retransmission consent.

    47 CFR 76.66(d)(1)(iv) Within 30 days of receiving a television station's carriage request, a satellite carrier shall notify in writing: (A) Those local television stations it will not carry, along with the reasons for such a decision; and (B) those local television stations it intends to carry.

    47 CFR 76.66(d)(2)(i) states a new satellite carrier or a satellite carrier providing local service in a market for the first time after July 1, 2001, shall inform each television broadcast station licensee within any local market in which a satellite carrier proposes to commence carriage of signals of stations from that market, not later than 60 days prior to the commencement of such carriage (A) Of the carrier's intention to launch local-into-local service under this section in a local market, the identity of that local market, and the location of the carrier's proposed local receive facility for that local market; (B) Of the right of such licensee to elect carriage under this section or grant retransmission consent under section 325(b); (C) That such licensee has 30 days from the date of the receipt of such notice to make such election; and (D) That failure to make such election will result in the