Federal Register Vol. 83, No.30,

Federal Register Volume 83, Issue 30 (February 13, 2018)

Page Range6107-6449
FR Document

83_FR_30
Current View
Page and SubjectPDF
83 FR 6141 - Auction of Cross-Service FM Translator Construction Permits Scheduled for May 15, 2018; Comment Sought on Competitive Bidding Procedures for Auction 99PDF
83 FR 6172 - Sunshine Act Meeting NoticePDF
83 FR 6133 - Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 4PDF
83 FR 6207 - 30-Day Notice of Proposed Information Collection: Continuum of Care Homeless Assistance Grant Application-Continuum of Care RegistrationPDF
83 FR 6209 - 30-Day Notice of Proposed Information Collection: Public Housing Agencies Service Areas Solicitation of CommentsPDF
83 FR 6208 - 30-Day Notice of Proposed Information Collection: Application for Fee or Roster Personnel (Appraisers and Inspectors) Designation and Appraisal ReportsPDF
83 FR 6176 - Proposed Information Collection Request; Comment Request; Recordkeeping Requirements for Producers, Registrants and Applicants of Pesticides and Pesticide Devices Under Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); EPA ICR Number 0143.13, OMB Control Number 2070-0028PDF
83 FR 6244 - Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station; Independent Spent Fuel Storage InstallationPDF
83 FR 6175 - Proposed Information Collection Request; Comment Request; Background Checks for Contractor Employees (Renewal)PDF
83 FR 6217 - Faster Administration of Science and Technology Education and Research (FASTER) Community of Practice (CoP)PDF
83 FR 6200 - Hospira, Inc. et al.; Withdrawal of Approval of 44 New Drug Applications and 158 Abbreviated New Drug Applications; CorrectionPDF
83 FR 6192 - Mallinkrodt Pharmaceuticals LLC; Withdrawal of Approval of an Abbreviated New Drug Application for PEMOLINE Tablets, 18.75 Milligrams, 37.5 Milligrams, and 75 MilligramsPDF
83 FR 6205 - Merchant Marine Personnel Advisory CommitteePDF
83 FR 6188 - Orthopaedic Sensing, Measuring, and Advanced Reporting Technology Devices; Public Workshop; Request for CommentsPDF
83 FR 6199 - Request for Nominations on the National Mammography Quality Assurance Advisory CommitteePDF
83 FR 6217 - Large Scale Networking (LSN)-Middleware and Grid Interagency Coordination (MAGIC) TeamPDF
83 FR 6215 - Agency Information Collection Activities; Proposed eCollection eComments Requested; New CollectionPDF
83 FR 6125 - Airworthiness Directives; General Electric Company Turboprop EnginesPDF
83 FR 6152 - Fisheries of the Northeastern United States; Special Management Zones for 13 New Jersey Artificial ReefsPDF
83 FR 6214 - Notice of Lodging of Proposed Second Amendment to Consent Decree Under the Clean Air ActPDF
83 FR 6212 - Alaska Native Claims SelectionPDF
83 FR 6213 - Alaska Native Claims SelectionPDF
83 FR 6161 - Foreign-Trade Zone (FTZ) 92-Harrison County, Mississippi; Authorization of Production Activity; Vision Technologies Marine, Inc.; (Ocean-Going Vessels); Pascagoula, MississippiPDF
83 FR 6161 - Foreign-Trade Zone (FTZ) 23-Buffalo, New York; Notification of Proposed Production Activity; Panasonic Eco Solutions Solar New York America Subzone 23E (Solar Panels/Modules); Buffalo, New YorkPDF
83 FR 6160 - Foreign-Trade Zone (FTZ) 123-Denver, Colorado; Authorization of Production Activity; Lockheed Martin Corporation Space Systems Company (Satellites and Other Space Craft); Littleton, ColoradoPDF
83 FR 6161 - Approval of Subzone Status; Ackerman North America LLC/dba Amann USA; Broomfield, ColoradoPDF
83 FR 6160 - Expansion of Foreign-Trade Zone 281 Under Alternative Site Framework; Miami, FloridaPDF
83 FR 6160 - Reorganization of Foreign-Trade Zone 19 Under Alternative Site Framework; Omaha, NebraskaPDF
83 FR 6242 - Virginia Electric and Power Company, Old Dominion Electric Cooperative, North Anna Power Station Independent Spent Fuel Storage InstallationPDF
83 FR 6196 - Proposal To Refuse To Approve a New Drug Application for Oxycodone Hydrochloride Immediate-Release Oral Capsules, 5 Milligrams, 15 Milligrams, and 30 Milligrams; Opportunity for a HearingPDF
83 FR 6201 - Meeting of the Presidential Advisory Council on Combating Antibiotic-Resistant BacteriaPDF
83 FR 6163 - Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2015-2016PDF
83 FR 6148 - Removing Regulatory Barriers for Vehicles With Automated Driving SystemsPDF
83 FR 6306 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From TowMate, LLCPDF
83 FR 6215 - Submission for OMB Review; Comment RequestPDF
83 FR 6304 - Railroad Cost Recovery Procedures-Productivity AdjustmentPDF
83 FR 6185 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
83 FR 6303 - Railroad Cost of Capital-2017PDF
83 FR 6309 - Inventory of U.S.-Flag Launch Barges; Invitation for Public CommentsPDF
83 FR 6247 - Board MeetingPDF
83 FR 6247 - Privacy Act of 1974; Systems of RecordsPDF
83 FR 6136 - Airworthiness Directives; Textron Aviation Inc. AirplanesPDF
83 FR 6165 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Financial Management SurveyPDF
83 FR 6159 - National Sunshine Week Public EventPDF
83 FR 6210 - U.S. Endangered Species; Receipt of Recovery and Interstate Commerce Permit ApplicationsPDF
83 FR 6166 - Arms Sales NotificationPDF
83 FR 6311 - Agency Information Collection Activity: Notice of Change in Student StatusPDF
83 FR 6169 - Notice of Intent To Prepare a Tiered Environmental Impact Statement for the New York New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility StudyPDF
83 FR 6303 - Advisory Committee on Historical Diplomatic Documentation-Notice of Rescheduled MeetingPDF
83 FR 6217 - Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 3 and 4; Inspections, Tests, Analyses, and Acceptance CriteriaPDF
83 FR 6195 - Bacillus Calmette-Guérin-Unresponsive Nonmuscle Invasive Bladder Cancer: Developing Drugs and Biologics for Treatment; Guidance for Industry; AvailabilityPDF
83 FR 6243 - Fire Protection for Nuclear Power PlantsPDF
83 FR 6187 - Proposed Information Collection Activity; Comment RequestPDF
83 FR 6198 - Determination of Regulatory Review Period for Purposes of Patent Extension; FARYDAKPDF
83 FR 6307 - Petition for Waiver of CompliancePDF
83 FR 6308 - Petition for Waiver of CompliancePDF
83 FR 6281 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Amend the BOX Volume RebatePDF
83 FR 6284 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Section VI. (Technology Fees) of the BOX Fee SchedulePDF
83 FR 6299 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Pricing Schedule To Exclude NDX and NDXP Options From the Strategy Caps and From Special Pricing for FLEX TransactionsPDF
83 FR 6288 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on the Exchange's Equity Options PlatformPDF
83 FR 6290 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Market Data FeesPDF
83 FR 6283 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Cross-Reference to Rule 124(d) From Rule 1092PDF
83 FR 6280 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule Concerning the Floor Broker SPX SurchargePDF
83 FR 6275 - Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Market Data FeesPDF
83 FR 6294 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Delete Obsolete RulesPDF
83 FR 6302 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on the Exchange's Equity Options PlatformPDF
83 FR 6216 - Meetings of Humanities PanelPDF
83 FR 6213 - Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same Commission's Final Determination Finding No Violation of Section 337; Termination of the InvestigationPDF
83 FR 6194 - Vaccines and Related Biological Products Advisory Committee; Notice of MeetingPDF
83 FR 6190 - Agency Information Collection Activities; Proposed Collection; Comment Request; Generic Clearance for the Collection of Quantitative Data on Tobacco Products and CommunicationsPDF
83 FR 6192 - Determination of Regulatory Review Period for Purposes of Patent Extension; VASCEPAPDF
83 FR 6279 - Investor Advisory Committee MeetingPDF
83 FR 6171 - Notice of Scoping Meetings and Environmental Site Review and Soliciting Scoping Comments; Shell Energy North America (US), L.P.PDF
83 FR 6172 - Notice of Availability of the Final Supplemental Environmental Impact Statement for the Southeast Market Pipelines ProjectPDF
83 FR 6170 - Notice of Application Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions; Moriah Hydro CorporationPDF
83 FR 6159 - Submission for OMB Review; Comment RequestPDF
83 FR 6204 - National Institute on Minority Health and Health Disparities; Notice of Closed MeetingPDF
83 FR 6203 - National Institute on Minority Health and Health Disparities; Notice of Closed MeetingPDF
83 FR 6202 - National Institute of General Medical Sciences; Notice of Closed MeetingsPDF
83 FR 6201 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed MeetingsPDF
83 FR 6203 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
83 FR 6203 - National Institute on Aging; Notice of Closed MeetingPDF
83 FR 6202 - National Eye Institute; Notice of Closed MeetingPDF
83 FR 6204 - Center for Scientific Review; Amended Notice of MeetingPDF
83 FR 6204 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 6202 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 6305 - Fiftieth RTCA SC-206 Aeronautical Information and Meteorological Data Link Services (AIS) PlenaryPDF
83 FR 6304 - Fifty Sixth RTCA SC-224 Standards for Airport Security Access Control Systems PlenaryPDF
83 FR 6305 - RTCA Program Management Committee MeetingPDF
83 FR 6310 - Notice of OFAC Sanctions ActionsPDF
83 FR 6162 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2015-2016PDF
83 FR 6177 - Notice of Closed MeetingPDF
83 FR 6186 - Solicitation of Nominations for Appointment to the Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry (BSC, NCEH/ATSDR)PDF
83 FR 6178 - Solicitation of Nominations for Appointment to the Advisory Committee on Breast Cancer in Young Women (ACBCYW)PDF
83 FR 6176 - Notice of Closed MeetingPDF
83 FR 6178 - Notice of closed meetingPDF
83 FR 6177 - Lead Exposure and Prevention Advisory Committee (LEPAC); Notice of EstablishmentPDF
83 FR 6179 - Statement of Organization, Functions, and Delegations of AuthorityPDF
83 FR 6136 - Outer Continental Shelf Air Regulations Update To Include New Jersey State RequirementsPDF
83 FR 6174 - Ambient Air Monitoring Reference and Equivalent Methods; Designation of One New Reference MethodPDF
83 FR 6127 - Amendment of Multiple Air Traffic Service (ATS) Routes; North Central United StatesPDF
83 FR 6188 - Neurological Devices Panel of the Medical Devices Advisory Committee; Amendment of NoticePDF
83 FR 6118 - Airworthiness Directives; Stemme AG GlidersPDF
83 FR 6120 - Airworthiness Directives; Dassault Aviation AirplanesPDF
83 FR 6107 - Airworthiness Directives; Various Aircraft Equipped With BRP-Rotax GmbH & Co KG 912 A Series EnginePDF
83 FR 6132 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
83 FR 6130 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
83 FR 6218 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards ConsiderationsPDF
83 FR 6112 - Airworthiness Directives; Pacific Aerospace Limited AirplanesPDF
83 FR 6110 - Airworthiness Directives; Pacific Aerospace Limited AirplanesPDF
83 FR 6123 - Airworthiness Directives; Aeroclubul Romaniei GlidersPDF
83 FR 6114 - Airworthiness Directives; Textron Aviation Inc. AirplanesPDF
83 FR 6364 - Rules Concerning Prepaid Accounts Under the Electronic Fund Transfer Act (Regulation E) and the Truth in Lending Act (Regulation Z)PDF
83 FR 6314 - Egg Products Inspection RegulationsPDF

Issue

83 30 Tuesday, February 13, 2018 Contents Agriculture Agriculture Department See

Food Safety and Inspection Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6159 2018-02845
Consumer Financial Protection Bureau of Consumer Financial Protection RULES Prepaid Accounts Under Electronic Fund Transfer Act and Truth in Lending Act, 6364-6449 2018-01305 Census Bureau Census Bureau NOTICES National Sunshine Week Public Event, 6159-6160 2018-02879 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6185-6186 2018-02887 Charter Establishments: Lead Exposure and Prevention Advisory Committee, 6177 2018-02823 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 6176-6179 2018-02824 2018-02825 2018-02826 2018-02829 Requests for Nominations: Advisory Committee on Breast Cancer in Young Women, 6178 2018-02827 Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, 6186-6187 2018-02828 Statements of Organization, Functions, and Delegations of Authority, 6179-6185 2018-02821 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6187-6188 2018-02869 Coast Guard Coast Guard NOTICES Meetings: Merchant Marine Personnel Advisory Committee, 6205-6207 2018-02924 Commerce Commerce Department See

Census Bureau

See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Management Survey, 6165-6166 2018-02880 Defense Department Defense Department See

Engineers Corps

NOTICES Arms Sales, 6166-6169 2018-02876
Energy Department Energy Department See

Federal Energy Regulatory Commission

Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: New York New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study, 6169 2018-02874 Environmental Protection Environmental Protection Agency PROPOSED RULES Outer Continental Shelf Air Regulations: New Jersey State Requirements, 6136-6141 2018-02815 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Background Checks for Contractor Employees, 6175-6176 2018-02929 Recordkeeping Requirements for Producers, Registrants and Applicants of Pesticides and Pesticide Devices, 6176 2018-02931 Ambient Air Monitoring Reference and Equivalent Methods: Designation of One New Reference Method, 6174-6175 2018-02813 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Aeroclubul Romaniei Gliders, 6123-6125 2018-02601 Dassault Aviation Airplanes, 6120-6123 2018-02748 General Electric Company Turboprop Engines, 6125-6127 2018-02917 Pacific Aerospace Limited Airplanes, 6110-6114 2018-02604 2018-02611 Stemme AG Gliders, 6118-6120 2018-02749 Textron Aviation Inc. Airplanes, 6114-6118 2018-02551 Various Aircraft Equipped with BRP-Rotax GmbH and Co KG 912 A Series Engine, 6107-6110 2018-02747 Amendment of Multiple Air Traffic Service Routes: North Central United States, 6127-6130 2018-02808 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 6130-6133 2018-02681 2018-02682 PROPOSED RULES Airworthiness Directives: Textron Aviation Inc. Airplanes, 6136 2018-02881 NOTICES Meetings: Fiftieth RTCA SC-206 Aeronautical Information and Meteorological Data Link Services Plenary, 6305 2018-02834 Fifty Sixth RTCA SC-224 Standards for Airport Security Access Control Systems Plenary, 6304-6305 2018-02833 RTCA Program Management Committee, 6305-6306 2018-02832 Federal Communications Federal Communications Commission PROPOSED RULES Auction of Cross-Service FM Translator Construction Permits Scheduled for May 15, 2018; Comment Sought on Competitive Bidding Procedures for Auction 99, 6141-6148 2018-03025 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Florida Southeast Connection, LLC; Transcontinental Gas Pipe Line Co., LLC; Sabal Trail Transmission, LLC: Southeast Market Pipelines Project, 6172 2018-02848 Hydroelectric Applications: Moriah Hydro Corp., 6170-6171 2018-02847 Shell Energy North America (US), LP, 6171-6172 2018-02849 Meetings; Sunshine Act, 6172-6174 2018-03013 Federal Motor Federal Motor Carrier Safety Administration NOTICES Parts and Accessories Necessary for Safe Operation; Exemption Applications: TowMate, LLC, 6306-6307 2018-02890 Federal Railroad Federal Railroad Administration NOTICES Compliance Waivers; Petitions, 6307-6309 2018-02866 2018-02867 Fish Fish and Wildlife Service NOTICES Permit Applications: U.S. Endangered Species; Recovery and Interstate Commerce, 6210-6212 2018-02878 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Quantitative Data on Tobacco Products and Communications, 6190-6192 2018-02852 Determinations of Regulatory Review Periods for Purposes of Patent Extensions: FARYDAK, 6198-6199 2018-02868 VASCEPA, 6192-6194 2018-02851 Guidance: Bacillus Calmette-Guerin-Unresponsive Nonmuscle Invasive Bladder Cancer: Developing Drugs and Biologics for Treatment, 6195-6196 2018-02871 Meetings: Neurological Devices Panel of Medical Devices Advisory Committee, 6188 2018-02766 Orthopaedic Sensing, Measuring, and Advanced Reporting Technology Devices; Public Workshop, 6188-6190 2018-02923 Vaccines and Related Biological Products Advisory Committee, 6194 2018-02853 New Drug Applications: Hospira, Inc. et al.; Withdrawal of Approval of 44 New Drug Applications and 158 Abbreviated New Drug Applications, 6200 2018-02926 Mallinkrodt Pharmaceuticals, LLC; PEMOLINE Tablets, 18.75 Milligrams, 37.5 Milligrams, and 75 Milligrams, 6192 2018-02925 Oxycodone Hydrochloride Immediate-Release Oral Capsules, 5 Milligrams, 15 Milligrams, and 30 Milligrams; Opportunity for Hearing, 6196-6198 2018-02903 Requests for Nominations: National Mammography Quality Assurance Advisory Committee, 6199-6200 2018-02922 Food Safety Food Safety and Inspection Service PROPOSED RULES Egg Products Inspection Regulations, 6314-6361 2018-00425 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 6310 2018-02831 Foreign Trade Foreign-Trade Zones Board NOTICES Expansions Under Alternative Site Framework: Foreign-Trade Zone 281, Miami, FL, 6160-6161 2018-02906 Production Activities: Lockheed Martin Corp. Space Systems Co., Foreign-Trade Zone 123, Denver, CO, 6160 2018-02908 Vision Technologies Marine, Inc., Foreign-Trade Zone 92—Harrison County, MS, 6161-6162 2018-02910 Proposed Production Activities: Panasonic Eco Solutions Solar New York America, Subzone 23E, Foreign-Trade Zone 23—Buffalo, NY, 6161 2018-02909 Reorganizations Under Alternative Site Frameworks: Foreign-Trade Zone 19, Omaha, NE, 6160 2018-02905 Subzone Approvals: Ackerman North America, LLC/dba Amann USA, Broomfield, CO, 6161 2018-02907 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Meetings: Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, 6201 2018-02900
Homeland Homeland Security Department See

Coast Guard

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Fee or Roster Personnel (Appraisers and Inspectors) Designation and Appraisal Reports, 6208-6209 2018-02935 Continuum of Care Homeless Assistance Grant Application-Continuum of Care Registration, 6207-6208 2018-02938 Public Housing Agencies Service Areas Solicitation of Comments, 6209-6210 2018-02936 Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Nails From Taiwan, 6163-6165 2018-02897 Polyethylene Terephthalate Film, Sheet, and Strip From India, 6162-6163 2018-02830 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same, 6213-6214 2018-02854 Justice Department Justice Department See

National Institute of Justice

NOTICES Consent Decrees: Clean Air Act; Proposed Amendment, 6214-6215 2018-02914
Land Land Management Bureau NOTICES Alaska Native Claims Selection, 6212-6213 2018-02911 2018-02912 2018-02913 Maritime Maritime Administration NOTICES Inventory of U.S.-Flag Launch Barges, 6309-6310 2018-02885 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6215-6216 2018-02889 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 6216-6217 2018-02855 National Highway National Highway Traffic Safety Administration PROPOSED RULES Meetings: Removing Regulatory Barriers for Vehicles With Automated Driving Systems, 6148-6152 2018-02895 National Institute Justice National Institute of Justice NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6215 2018-02919 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 6202-6205 2018-02835 2018-02836 2018-02837 National Eye Institute, 6202 2018-02838 National Institute of Allergy and Infectious Diseases, 6203-6204 2018-02840 National Institute of Diabetes and Digestive and Kidney Diseases, 6201-6202 2018-02841 National Institute of General Medical Sciences, 6202 2018-02842 National Institute on Aging, 6203 2018-02839 National Institute on Minority Health and Health Disparities, 6203-6204 2018-02843 2018-02844 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Northeast Skate Complex; Framework Adjustment 4, 6133-6135 2018-02967 PROPOSED RULES Fisheries of the Northeastern United States: Special Management Zones for 13 New Jersey Artificial Reefs, 6152-6158 2018-02916 National Science National Science Foundation NOTICES Meetings: Faster Administration of Science and Technology Education and Research Community of Practice, 6217 2018-02927 Large Scale Networking—Middleware and Grid Interagency Coordination Team; Correction, 6217 2018-02921 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Determinations of Successful Completions of Inspections, Tests, and Analyses: Southern Nuclear Operating Co., Inc., Vogtle Electric Generating Plant, Units 3 and 4, 6217-6218 2018-02872 Exemptions: Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station Independent Spent Fuel Storage Installation, 6244-6247 2018-02930 Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 6218-6242 2018-02636 Guidance: Fire Protection for Nuclear Power Plants, 6243-6244 2018-02870 License Renewals: Virginia Electric and Power Co.; Old Dominion Electric Coop. North Anna Power Station Independent Spent Fuel Storage Installation, 6242-6243 2018-02904 Nuclear Waste Technical Nuclear Waste Technical Review Board NOTICES Meetings: Performance Confirmation Monitoring and Retrievability of Emplaced High-Level Radioactive Waste and Spent Nuclear Fuel, 6247 2018-02883 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Privacy Act; Systems of Records, 6247-6275 2018-02882 Securities Securities and Exchange Commission NOTICES Meetings: Investor Advisory Committee, 6279-6280 2018-02850 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 6281-6288 2018-02864 2018-02865 Cboe BZX Exchange, Inc., 6288-6290 2018-02862 Cboe C2 Exchange, Inc., 6275-6279 2018-02858 Cboe EDGX Exchange, Inc., 6302-6303 2018-02856 Cboe Exchange, Inc., 6280-6281, 6290-6299 2018-02857 2018-02859 2018-02861 Nasdaq PHLX, LLC, 6283-6284, 6299-6301 2018-02860 2018-02863 State Department State Department NOTICES Meetings: Advisory Committee on Historical Diplomatic Documentation; Reschedule, 6303 2018-02873 Surface Transportation Surface Transportation Board NOTICES Railroad Cost of Capital—2017, 6303-6304 2018-02886 Railroad Cost Recovery Procedures—Productivity Adjustment, 6304 2018-02888 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Maritime Administration

See

National Highway Traffic Safety Administration

Treasury Treasury Department See

Foreign Assets Control Office

Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Change in Student Status, 6311 2018-02875 Separate Parts In This Issue Part II Agriculture Department, Food Safety and Inspection Service, 6314-6361 2018-00425 Part III Bureau of Consumer Financial Protection, 6364-6449 2018-01305 Reader Aids

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

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

83 30 Tuesday, February 13, 2018 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1078; Product Identifier 2017-CE-038-AD; Amendment 39-19178; AD 2018-03-05] RIN 2120-AA64 Airworthiness Directives; Various Aircraft Equipped With BRP-Rotax GmbH & Co KG 912 A Series Engine AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for various aircraft equipped with a BRP-Rotax GmbH & Co. KG (formerly BRP-Powertrain GmbH & Co. KG; Bombardier-Rotax GmbH & Co. KG; Bombardier-Rotax GmbH) 912 A series engine. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as defective valve push-rod assemblies manufactured from June 8, 2016, through October 2, 2017. We are issuing this AD to require actions to address the unsafe condition on these products.

DATES:

This AD is effective March 20, 2018.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 20, 2018.

ADDRESSES:

You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1078; or in person at Docket Operations, U.S. Department of Transportation, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

For service information identified in this AD, contact BRP-Rotax GmbH & Co. KG, Rotaxstrasse 1, A-4623 Gunskirchen, Austria; phone: +43 7246 601 0; fax: +43 7246 6370; internet: http://www.flyrotax.com. You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for Docket No. FAA-2017-1078.

FOR FURTHER INFORMATION CONTACT:

Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; 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 various aircraft equipped with a BRP-Rotax GmbH & Co. KG (formerly BRP-Powertrain GmbH & Co. KG; Bombardier-Rotax GmbH & Co. KG; Bombardier-Rotax GmbH) 912 A series engine. The NPRM was published in the Federal Register on November 22, 2017 (82 FR 55527). The NPRM proposed to address an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country.

The MCAI states:

Power loss and engine RPM drop have been reported on Rotax 912/914 engines in service. It has been determined that, due to a quality control deficiency in the manufacturing process of certain valve push-rod assemblies, manufactured between 08 June 2016 and 02 October 2017 inclusive, partial wear on the rocker arm ball socket may occur, which may lead to malfunction of the valve train.

This condition, if not detected and corrected, may lead to rough engine operation and loss of power, possibly resulting in a forced landing, with consequent damage to the aeroplane and injury to occupants.

To address this potential unsafe condition, BRP-Rotax issued Service Bulletin (SB) SB-912 i-008/SB-912-070/SB-914-052 (single document), providing applicable instructions.

For the reason described above, this [EASA] AD requires a one-time inspection and, depending on findings, replacement of affected parts. This [EASA] AD also prohibits installation of affected parts on an engine].

The MCAI can be found in the AD docket on the internet at https://www.regulations.gov/document?D=FAA-2017-1078-0002.

Comments

We gave the public the opportunity to participate in developing this AD. 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 AD 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 BRP-Rotax GmbH & Co KG Rotax Aircraft Engines BRP Service Bulletin SB-912 i-008 R1/SB-912-070 R1/SB-914-052 R1 (co-published as one document), Revision 1, dated October 12, 2017. The service information describes procedures for inspecting and, if necessary, replacing the valve push-rod assembly on the left and/or right rocker arms. 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 of this AD.

Costs of Compliance

We estimate that this AD will affect 63 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic inspection requirement of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $70 per product.

Based on these figures, we estimate the cost of this AD on U.S. operators to be $9,765, or $155 per product.

In addition, we estimate that any necessary follow-on actions will take about 2 work-hours to replace all 8 valve push-rod assemblies and associated parts on all 4 cylinders and require parts costing $3,093, for a cost of $3,263 per product. We have no way of determining the number of products that may need these actions.

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 small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.

Regulatory Findings

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

For the reasons discussed above, I certify this AD:

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

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

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

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

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1078; or in person at the Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

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 AD: 2018-03-05 Various Aircraft: Amendment 39-19178; Docket No. FAA-2017-1078; Product Identifier 2017-CE-038-AD. (a) Effective Date

This airworthiness directive (AD) becomes effective March 20, 2018.

(b) Affected ADs

None.

(c) Applicability

This AD applies to all serial numbers of the airplanes listed in table 1 to paragraph (c) of this AD, certificated in any category that are either:

(1) Equipped with a BRP-Rotax GmbH & Co. KG (formerly BRP-Powertrain GmbH & Co. KG; Bombardier-Rotax GmbH & Co. KG; Bombardier-Rotax GmbH) 912 A series engine (Rotax 912 A series engine) with a serial number (S/N) listed in table 2 to paragraph (c) of this AD; or

(2) equipped with a Rotax 912 A series engine with any S/N that has had a part number (P/N) 854861 valve push-rod assembly replaced in-service (e.g., during engine repair, maintenance, or general overhaul) during the time frame of June 8, 2016, to the effective date of this AD.

ER13FE18.004 ER13FE18.005 (d) Subject

Air Transport Association of America (ATA) Code 72: Reciprocating Engine.

(e) Reason

This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as defective valve push-rod assemblies manufactured from June 8, 2016, through October 2, 2017. We are issuing this AD to prevent rough engine operation, which could cause loss of power and result in loss of control.

(f) Actions and Compliance

Unless already done, do the following actions:

(1) For aircraft with engines that have 160 hours time-in-service (TIS) or less since first installed: Before exceeding 170 hours TIS on the engine since first installed or within the next 3 months after March 20, 2018 (the effective date of this AD), whichever occurs first, visually inspect the valve push-rod ball sockets of each valve push-rod using the Accomplishment Instructions in Rotax Aircraft Engines BRP Service Bulletin SB-912 i-008 R1/SB-912-070 R1/SB-914-052 R1 (co-published as one document), Revision 1, dated October 12, 2017 (Rotax SB SB-912 i-008 R1/SB-912-070 R1/SB-914-052 R1).

(2) For airplanes with engines that have 160 hours TIS or more since first installed: Within the next 10 hours TIS after March 20, 2018 (the effective date of this AD) or within the next 3 months after March 20, 2018 (the effective date of this AD), whichever occurs first, visually inspect the valve push-rod ball sockets of each valve push-rod using the Accomplishment Instructions in Rotax SB SB-912 i-008 R1/SB-912-070 R1/SB-914-052 R1.

(3) For all affected airplanes: If a valve push-rod with a black surface is found during the inspection required in paragraph (f)(1) or (f)(2) of this AD, before further flight, replace the valve push-rod and its affected parts with airworthy parts using the Accomplishment Instructions in Rotax SB SB-912 i-008 R1/SB-912-070 R1/SB-914-052 R1.

(4) For all affected airplanes: As of March 20, 2018 (the effective date of this AD), do not install a valve push-rod that was manufactured from June 8, 2016, through October 2, 2017.

(g) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, Small Airplane Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(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, Small Airplane Standards Branch, FAA; or European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community.

(h) Related Information

Refer to MCAI EASA AD No. 2017-0208, dated October 13, 2017, for related information. You may examine the MCAI on the Internet at https://www.regulations.gov/document?D=FAA-2017-1078-0002.

(i) 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) Rotax Aircraft Engines BRP Service Bulletin SB-912 i-008 R1/SB-912-070 R1/SB-914-052 R1 (co-published as one document), Revision 1, dated October 12, 2017.

(ii) Reserved.

(3) For BRP-Rotax GmbH & Co KG service information identified in this AD, contact BRP-Rotax GmbH & Co. KG, Rotaxstrasse 1, A-4623 Gunskirchen, Austria; phone: +43 7246 601 0; fax: +43 7246 6370; Internet: http://www.flyrotax.com.

(4) You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. In addition, you can access this service information on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1078.

(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 Kansas City, Missouri, on February 5, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
[FR Doc. 2018-02747 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0067; Product Identifier 2017-CE-048-AD; Amendment 39-19188; AD 2018-03-15] RIN 2120-AA64 Airworthiness Directives; Pacific Aerospace Limited Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for Pacific Aerospace Limited Model 750XL airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as abrasion damage of components or wiring behind the instrument panel. We are issuing this AD to require actions to address the unsafe condition on these products.

DATES:

This AD is effective March 5, 2018.

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

We must receive comments on this AD by March 30, 2018.

ADDRESSES:

You may send comments 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 Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: [email protected]; internet: www.aerospace.co.nz. You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for locating Docket No. FAA-2018-0067.

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-2018-0067; 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 AD, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

The Civil Aviation Authority, which is the aviation authority for New Zealand, has issued CAA AD DCA/750XL/22, dated December 19, 2017 (referred to after this as “the MCAI”), to correct an unsafe condition for Pacific Aerospace Limited Model 750XL airplanes. To accompany that MCAI, the CAA issued Notification of Airworthiness Directive issued for New Zealand Aeronautical Products IAW ICAO Annex 8, dated December 19, 2017; the Notification states:

This [CAA] AD with effective date 28 December 2017 mandates an inspection of components and wiring behind the instrument panel for possible abrasion damage caused by ventilation hose chafing per the instructions in Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/083 issue 1, dated 15 December 2017, or later approved revision.

The [CAA] AD is prompted by two reports of finding abrasion damage behind the instrument panel caused by ventilation hose chafing.

In addition to the required inspection, this AD requires wrapping the ventilation hose with anti-abrasion tape and rerouting the hose. This AD also requires contacting the manufacturer for corrective action if abrasion damage is found during the required inspection. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0067.

Related Service Information Under 1 CFR Part 51

Pacific Aerospace Limited has issued Pacific Aerospace Mandatory Service Bulletin PACSB/XL/083, Issue 1, dated December 15, 2017. The service information describes procedures for inspection of the ventilation hose behind the instrument panel, wrapping the ventilation hose with anti-abrasion tape, and rerouting the hose. 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 of the AD.

FAA's Determination and Requirements of the AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because chafing of the ventilation hose on instrument components and wiring could cause abrasion damage and lead to short circuit, smoke, and/or fire. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0067; Directorate Identifier 2017-CE-048-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD 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 AD.

Costs of Compliance

We estimate that this AD will affect 22 products of U.S. registry. We also estimate that it would take about 3 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $90 per product.

Based on these figures, we estimate the cost of the AD on U.S. operators to be $7,590, or $345 per product.

The extent of abrasion damage could vary from airplane to airplane. We have no way of knowing how many airplanes may have abrasion damage or the extent of that damage; therefore, we have no way of determining an estimated cost for repair.

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 small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.

Regulatory Findings

We determined that 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 AD: 2018-03-15 Pacific Aerospace Limited: Amendment 39-19188; Docket No. FAA-2018-0067; Product Identifier 2017-CE-048-AD. (a) Effective Date

This airworthiness directive (AD) becomes effective March 5, 2018.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Pacific Aerospace Limited Models 750XL airplanes, all serial numbers up to and to include serial number XL220, certificated in any category.

(d) Subject

Air Transport Association of America (ATA) Code 21: Air Conditioning.

(e) Reason

This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as abrasion damage of components or wiring behind the instrument panel. We are issuing this AD to detect and prevent abrasion damage of the wiring and components behind the instrument panel, which could lead to short circuit, smoke, and/or fire.

(f) Actions and Compliance

Unless already done, do the following actions.

(1) Within 15 days after March 5, 2018 (the effective date of this AD), inspect the ventilation hosing, components, and wiring behind the instrument panel for signs of chafing and/or damage following the Accomplishment Instructions in Pacific Aerospace Mandatory Service Bulletin PACSB/XL/083, Issue 1, dated December 15, 2017.

(2) If any signs of chafing and/or abrasion are found during the inspection required in paragraph (f)(1) of this AD, before further flight, contact the manufacturer for an FAA-approved repair approved specifically for this AD. Use the contact information found in paragraph (i)(3) of this AD to contact the manufacturer.

(3) Within 45 days after March 5, 2018 (the effective date of this AD), wrap the ventilation hose in anti-abrasion tape and reroute the hose following the Accomplishment Instructions in Pacific Aerospace Mandatory Service Bulletin PACSB/XL/083, Issue 1, dated December 15, 2017.

(g) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, Small Airplane Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(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, Standards Office, FAA; or the Civil Aviation Authority of New Zealand (CAA).

(h) Related Information

Refer to the MCAI by the CAA, AD DCA/750XL/22, dated December 19, 2017; and Pacific Aerospace Mandatory Service Bulletin PACSB/XL/083, Issue 1, dated December 15, 2017, for related information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0067.

(i) 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) Pacific Aerospace Mandatory Service Bulletin PACSB/XL/083, Issue 1, dated December 15, 2017.

(ii) Reserved.

(3) For service information identified in this AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: [email protected]; internet: www.aerospace.co.nz.

(4) You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for locating Docket No. FAA-2018-0067.

(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 Kansas City, Missouri, on February 5, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
[FR Doc. 2018-02604 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0066; Product Identifier 2017-CE-046-AD; Amendment 39-19187; AD 2018-03-14] RIN 2120-AA64 Airworthiness Directives; Pacific Aerospace Limited Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for Pacific Aerospace Limited Model 750XL airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as non-conforming fuel tank caps, which could lead to fuel loss during flight. We are issuing this AD to require actions to address the unsafe condition on these products.

DATES:

This AD is effective March 5, 2018.

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

We must receive comments on this AD by March 30, 2018.

ADDRESSES:

You may send comments 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 Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: [email protected]; internet: www.aerospace.co.nz. You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for locating Docket No. FAA-2018-0066.

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-2018-0066; 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 AD, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [email protected]

SUPPLEMENTARY INFORMATION: Discussion

The Civil Aviation Authority (CAA), which is the aviation authority for New Zealand, has issued CAA AD DCA/750XL/20 (referred to after this as “the MCAI”), to address an unsafe condition for Pacific Aerospace Limited Model 750XL airplanes. To accompany that MCAI, the CAA issued Notification of Airworthiness Directive issued for New Zealand Aeronautical Products IAW ICAO Annex 8, dated December 8, 2017; the Notification states:

The [CAA] AD is prompted by the possibility that non-conforming fuel tank caps may be installed on certain aircraft, which could result in fuel loss from the aircraft fuel tanks. The POH supplement requires an inspection of the fuel tank caps before every flight, and careful monitoring of the aircraft quantity indication system for fuel use above normal consumption throughout the flight, until a maintenance engineer inspects the fuel tank caps per requirements 2 of the [CAA] AD.

This AD requires inspection of the fuel tank caps and replacement of the fuel tank caps if damaged or non-conforming caps are found. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0066. Related Service Information Under 1 CFR Part 51

Pacific Aerospace Limited issued Pacific Aerospace Mandatory Service Bulletin PACSB/XL/089, Issue 01; dated December 8, 2017, which describes procedures for inspection and replacement of the fuel tank caps. The CAA issued Supplement to AIR 2825 and AIR 3237, Section 2, Limitations, Revision 1, dated December 8, 2017, which is a supplement to the pilot's operating handbook/airplane flight manual and describes procedures for inspection of the fuel tank caps and procedures for monitoring fuel consumption. 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 of the AD.

FAA's Determination and Requirements of the AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because non-conforming fuel tank caps could result in fuel loss and lead to fuel starvation and inflight engine shutdown. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0066; Directorate Identifier 2017-CE-046-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD 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 AD.

Costs of Compliance

We estimate that this AD will affect 22 products of U.S. registry. We also estimate that it would take about 3 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.

Based on these figures, we estimate the cost of the AD on U.S. operators to be $5,610, or $255 per product.

In addition, we estimate that any necessary follow-on actions would take about 8 work-hours and require parts costing $1,540, for a cost of $2,220 per product. We have no way of determining the number of products that may need these actions.

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 small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.

Regulatory Findings

We determined that 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 AD: 2018-03-14 Pacific Aerospace Limited: Amendment 39-19187; Docket No. FAA-2018-0066; Product Identifier 2017-CE-046-AD. (a) Effective Date

This airworthiness directive (AD) becomes effective March 5, 2018.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Pacific Aerospace Limited Models 750XL airplanes, serial numbers 101 through 205, 208, 210, 214, and 216, certificated in any category.

(d) Subject

Air Transport Association of America (ATA) Code 28: Fuel.

(e) Reason

This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as non-conforming fuel tank caps. We are issuing this AD to detect and address non-conforming fuel tank caps, which could result in fuel loss and lead to fuel starvation and inflight engine shutdown.

(f) Actions and Compliance

Unless already done, do the following actions.

(1) Within 15 days after March 5, 2018 (the effective date of this AD), insert the CAA, Civil Aviation Authority of New Zealand, Supplement to AIR 2825 and AIR 3237, Section 2, Limitations, Revision 1, dated December 8, 2017, into the pilot's operating handbook/airplane flight manual (POH/AFM).

(2) Within 45 days after March 5, 2018 (the effective date of this AD), inspect the fuel tank caps, part number (P/N) 457-1015-12, following the Accomplishment Instructions in Pacific Aerospace Mandatory Service Bulletin, PACSB/XL/089, Issue 01, dated December 8, 2017.

(3) If a damaged or non-conforming fuel tank cap is found during the inspection required in paragraph (f)(2) of this AD, before further flight, replace any damaged or non-conforming fuel tank cap with a modified fuel tank cap, P/N 11-21087-1.

(4) After replacement of damaged or non-conforming fuel tank caps with P/N 11-21087-1, as required in paragraph (f)(3) of this AD, remove the CAA Supplement to AIR 2825 and AIR 3237, Section 2, Limitations, Revision 1, dated December 8, 2017, from the POH/AFM.

(5) Replacement of damaged or non-conforming fuel tank caps with P/N 11-21087-1, as required in paragraph (f)(3) of this AD, terminates the repetitive inspections required in the CAA Supplement to AIR 2825 and AIR 3237, Section 2, Limitations, Revision 1, dated December 8, 2017.

(6) Long-range aircraft delivery ferry flights and oceanic flights are prohibited until the inspection required in paragraph (f)(2) of this AD and any necessary replacements required by paragraph (f)(3) of this AD have been completed.

(g) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, Small Airplane Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(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, Small Airplane Standards Branch, FAA; or the CAA, which is the aviation authority for New Zealand.

(h) Related Information

Refer to MCAI from the CAA, AD DCA/750XL/20, dated December 8, 2017; Pacific Aerospace Mandatory Service Bulletin PACSB/XL/089, Issue 01, dated December 8, 2017; and CAA Supplement to AIR 2825 and AIR 3237 (POH/AFM), Section 2, Limitations, Revision 1, dated December 8, 2017, for related information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0066.

(i) 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) Pacific Aerospace Mandatory Service Bulletin PACSB/XL/089, Issue 01, dated December 8, 2017.

(ii) CAA, Civil Aviation Authority of New Zealand, Supplement to AIR 2825 and AIR 3237, Section 2, Limitations, Revision 1, dated December 8, 2017.

(3) For service information identified in this AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: [email protected]; internet: www.aerospace.co.nz.

(4) You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for locating Docket No. FAA-2018-0066.

(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 Kansas City, Missouri, on January 25, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
[FR Doc. 2018-02611 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0068; Product Identifier 2017-CE-049-AD; Amendment 39-19176; AD 2018-03-03] RIN 2120-AA64 Airworthiness Directives; Textron Aviation Inc. Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Textron Aviation Inc. Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A 421, 421A, 421B, 421C, and 425 airplanes. This AD requires repetitively inspecting the left and the right forward lower carry through spar cap for cracks and replacing the carry through spar if cracks are found. This AD was prompted by a report of a fully cracked lower forward carry through spar cap found on an affected airplane. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective February 28, 2018.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 28, 2018.

We must receive comments on this AD by March 30, 2018.

ADDRESSES:

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

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

Fax: 202-493-2251.

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

Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this final rule, contact Textron Aviation Inc., Textron Aviation Customer Service, One Cessna Blvd., Wichita, Kansas 67215; telephone: (316) 517-5800; email: [email protected]; internet: www.txtav.com. You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0068.

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-2018-0068; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Bobbie Kroetch, Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4155; fax: (316) 946-4107; email: [email protected] or [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We received a report of a fully cracked lower forward carry through spar cap found on a Textron Aviation Inc. (type certificate previously held by Cessna Aircraft Company) Model 402C airplane. Investigation revealed that the crack is a result of metal fatigue. At this time, the cracking has only been found on the Model 402C airplanes. However, the carry through spar cap and surrounding structure on the other model airplanes included in this AD are similar and the loads on the other model airplanes are similar to (or higher than) the Model 402C airplanes.

This condition, if not addressed, could cause failure of the carry through spar cap during flight and result in loss of control. We are issuing this AD to address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

We reviewed Textron Aviation Multi-engine Mandatory Service Letter MEL-57-01 and Textron Aviation Conquest Mandatory Service Letter CQL-57-01, both dated December 18, 2017. As applicable, these service letters describe procedures for repetitively inspecting the forward lower carry through spar cap for cracks. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Other Related Service Information

We reviewed Textron Aviation Conquest Service Bulletin CQB-57-01, Textron Aviation Multi-engine Service Bulletin MEB-57-01, and Textron Multi-engine Service Bulletin MEB-57-02, all dated December 20, 2017. As applicable, these service bulletins provide the manufacturer's optional procedures for installing access panels for easier access to the forward lower carry through spars. This AD does not require installing the access panels.

FAA's Determination

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

AD Requirements

This AD requires repetitively inspecting the left and the right forward lower carry through spar cap for cracks and replacing the carry through spar if cracks are found. This AD also requires sending the inspection results to the FAA.

Interim Action

We consider this AD interim action. Textron Aviation Inc. is evaluating the initial and repetitive inspection intervals, as well as designing a replacement lower carry through spar cap from an improved material. After the evaluations are complete and the design modification is developed, approved, and available, we may consider additional rulemaking.

FAA's Justification and Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because cracks in the left and/or the right forward lower carry through spar cap could cause the carry through spar cap to fail during flight and result in loss of control. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2018-0068 and Product Identifier 2017-CE-049-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 2,147 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
  • Inspect the left and the right forward lower carry through spar cap for cracks (without inspection access panels) 12 work-hours × $85 per hour = $1,020 per inspection cycle Not applicable $1,020 per inspection cycle $2,189,940 per inspection cycle.

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replace carry through spar 800 work-hours × $85 per hour = $68,000 $5,000 $73,000
    Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120-0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW, Washington, DC 20591. ATTN: Information Collection Clearance Officer, AES-200.

    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 small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-03-03 Textron Aviation Inc.: Amendment 39-19176; Docket No. FAA-2018-0068; Product Identifier 2017-CE-049-AD. (a) Effective Date

    This AD is effective February 28, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the following Textron Aviation Inc. (type certificate previously held by Cessna Aircraft Company) model airplanes, that are certificated in any category:

    Table 1 to Paragraph (c) of This AD—Affected Models and Serial Numbers Model Serial numbers 401 401-0001 through 401-0322 401A 401A0001 through 401A0132 401B 401B0001 through 401B0221 402 402-0001 through 402-0322 402A 402A0001 through 402A0129 402B 402B0001 through 402B1384 402C 689, 402C0001 through 402C1020 411 411-0001 through 411-0250 411A 411-0251 through 411-0300 414 414-0001 through 414-0965 414A 414A0001 through 414A1212 421 421-0001 through 421-0200 421A 421A0001 through 421A0158 421B 421B0001 through 421B0970 421C 421C0001 through 421C1807 425 425-0001 through 425-0236 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 53, Fuselage.

    (e) Unsafe Condition

    This AD was prompted by a report that a fully cracked lower forward carry through spar cap was found on a Textron Model 402C airplane. We are issuing this AD to prevent failure of the carry through spar cap during flight. The unsafe condition, if not addressed, could result in loss of control.

    (f) Compliance

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

    (g) Initial Inspection for All Affected Airplanes With 24,975 Hours Time-In-Service (TIS) or More on the Carry Through Spars

    Within the next 25 hours TIS after February 28, 2018 (the effective date of this AD), do a detailed visual inspection of the left and right forward lower carry through spar cap for cracks. Using a 10X magnifier visually inspect the bottom surface of the carry through spar cap in the areas around the fasteners located just inboard of the left-hand and right-hand forward lower wing fittings. If a crack is not positively identified during the detailed visual inspection but is suspected or the area is questionable, before further flight, do a surface eddy current inspection of the suspected area. Do these inspections using the Accomplishment Instructions in Textron Aviation Multi-engine Mandatory Service Letter MEL-57-01 and Textron Aviation Conquest Mandatory Service Letter CQL-57-01, both dated December 18, 2017, as applicable.

    (h) Initial Inspection for All Affected Airplanes With Less Than 24,975 Hours TIS on the Carry Through Spars

    Using the compliance times listed in paragraphs (h)(1) through (3) of this AD, do a detailed visual inspection of the left and right forward lower carry through spar cap for cracks. Using a 10X magnifier visually inspect the bottom surface of the carry through spar cap in the areas around the fasteners located just inboard of the left-hand and right-hand forward lower wing fittings. If a crack is not positively identified during the detailed visual inspection but is suspected or the area is questionable, before further flight, do a surface eddy current inspection of the suspected area. Do these inspections using the Accomplishment Instructions in Textron Aviation Multi-engine Mandatory Service Letter MEL-57-01 and Textron Aviation Conquest Mandatory Service Letter CQL-57-01, both dated December 18, 2017, as applicable.

    (1) For Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A, 421, and 421A airplanes: Before the accumulation of 15,000 TIS on the carry through spars or within the next 50 hours TIS after February 28, 2018 (the effective date of this AD), whichever occurs later.

    (2) For Models 421B and 421C airplanes: Before the accumulation of 12,000 hours TIS on the carry through spars or within the next 50 hours TIS after February 28, 2018 (the effective date of this AD), whichever occurs later.

    (3) For Model 425 airplanes: Before the accumulation of 11,000 TIS on the carry through spars or within the next 50 hours TIS after February 28, 2018 (the effective date of this AD), whichever occurs later.

    (i) Repetitive Inspections for All Affected Airplanes

    If no cracks are found during the detailed visual inspections or the surface eddy current inspections required in paragraphs (g) and (h) of this AD, repetitively thereafter inspect at intervals not to exceed 50 hours TIS. Inspect as specified in paragraphs (g) and (h) of this AD using the service information specified in each paragraph as applicable.

    (j) Replacement of Carry Through Spars for All Affected Airplanes

    If cracks are found during any inspection required in paragraphs (g) through (i) and paragraph (k) of this AD, before further flight, replace the carry through spar.

    (k) Initial and Repetitive Inspections of Newly Replaced Carry Through Spars for All Affected Airplanes

    At the compliance times in paragraphs (k)(1) through (3) of this AD, do a detailed visual inspection of the left and right forward lower carry through spar cap for cracks. Using a 10X magnifier visually inspect the bottom surface of the carry through spar cap in the areas around the fasteners located just inboard of the left-hand and right-hand forward lower wing fittings. If a crack is not positively identified during the detailed visual inspection but is suspected or the area is questionable, before further flight, do a surface eddy current inspection of the suspected area. Do these inspections using the Accomplishment Instructions in Textron Aviation Multi-engine Mandatory Service Letter MEL-57-01 and Textron Aviation Conquest Mandatory Service Letter CQL-57-01, both dated December 18, 2017, as applicable.

    (1) For Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A, 421, and 421A airplanes: Before the accumulation of 15,000 hours TIS on the newly installed carry through spar. If no cracks are found, repetitively thereafter inspect at intervals not to exceed 50 hours TIS.

    (2) For Models 421B and 421C airplanes: Before the accumulation of 12,000 hours TIS on the newly installed carry through spar. If no cracks are found, repetitively thereafter inspect at intervals not to exceed 50 hours TIS.

    (3) For Model 425 airplanes: Before the accumulation of 11,000 hours TIS on the newly installed carry through spar. If no cracks are found, repetitively thereafter inspect at intervals not to exceed 50 hours TIS.

    (l) Reporting Requirement for All Affected Airplanes

    Within 30 days after each inspection required by paragraphs (g) through (i) and paragraph (k) of this AD, report the results of the inspection to the FAA representative identified in paragraph (q) of this AD using the undated Attachment (titled Spar Cap Inspection Results Form and Spar Cap Inspection Results Form Continued) to Textron Aviation Multi-engine Mandatory Service Letter MEL-57-01 and Textron Aviation Conquest Mandatory Service Letter CQL-57-01, both dated December 18, 2017, as applicable. Please identify AD 2018-03-03 in the subject line if submitted through email.

    (m) Installation of Optional Access Panels All Affected Airplanes

    Textron Aviation Conquest Service Bulletin CQB-57-01, Textron Aviation Multi-engine Service Bulletin MEB-57-01, and Textron Multi-engine Service Bulletin MEB-57-02, all dated December 20, 2017, provide the manufacturer's optional procedures for installing access panels for easier access to the forward carry through spars. This AD does not require installing the access panels, but does not restrict the owner/operator from doing so.

    (n) Credit for Actions Done Following Previous Service Information for Affected Airplanes

    This AD allows credit for the initial inspection of the forward lower carry through spar cap required in paragraphs (g) and (h) of this AD if done before February 28, 2018 (the effective date of this AD) using the following documents:

    (1) Models 401, 401A, 401B, 402, 402A, 402B airplanes: Cessna Aircraft Company Model 401/402 Supplemental Inspection Document, Supplemental Inspection Number 57-10-10, dated June 3, 2002.

    (2) Model 402C airplanes: Cessna Aircraft Company Model 402C Maintenance Manual, Supplemental Inspection Number 57-10-14, dated June 3, 2002.

    (3) Models 411 and 411A airplanes: Cessna Aircraft Company Model 411, Supplemental Inspection Document, Supplemental Inspection Number 57-10-10, dated January 6, 2003.

    (4) Model 414 airplanes: Cessna Aircraft Company Model 414 Supplemental Inspection Document, Supplemental Inspection Number 57-10-10, dated August 1, 2002.

    (5) Model 414A airplanes: Cessna Aircraft Company Model 414A Supplemental Inspection Document, Supplemental Inspection Number 57-10-14, dated August 1, 2002.

    (6) Models 421, 421A, and 421B airplanes: Cessna Aircraft Company Model 421 Supplemental Inspection Document, Supplemental Inspection Number 57-10-10, dated March 3, 2003.

    (7) Model 421C airplanes: Cessna Aircraft Company Model 421C Supplemental Inspection Document, Supplemental Inspection Number 57-10-14, dated January 6, 2003.

    (o) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 15 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

    (p) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita 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 (q) 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.

    (q) Related Information

    For more information about this AD, contact Bobbie Kroetch, Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4155; fax: (316) 946-4107; email: [email protected] or [email protected]

    (r) 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) Textron Aviation Multi-engine Mandatory Service Letter MEL-57-01, dated December 18, 2017 (includes the undated Attachment titled Spar Cap Inspection Results Form and Spar Cap Inspection Results Form Continued).

    (ii) Textron Aviation Conquest Mandatory Service Letter CQL-57-01, dated December 18, 2017 (includes the undated Attachment titled Spar Cap Inspection Results Form and Spar Cap Inspection Results Form Continued).

    (3) For Textron Aviation service information identified in this AD, contact Textron Aviation Inc., Textron Aviation Customer Service, One Cessna Blvd., Wichita, Kansas 67215; telephone: (316) 517-5800; email: [email protected]; internet: www.txtav.com.

    (4) You may view this service information at FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    (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 Kansas City, Missouri, on February 2, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
    [FR Doc. 2018-02551 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0952; Product Identifier 2017-CE-028-AD; Amendment 39-19189; AD 2018-03-16] RIN 2120-AA64 Airworthiness Directives; Stemme AG Gliders AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are superseding Airworthiness Directive (AD) 2017-10-11 for Stemme AG Model Stemme S10-VT gliders (type certificate previously held by Stemme GmbH & Co. KG). This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as certain propeller front transmission gear wheels having insufficient material strength because of improper heat treatment during manufacturing. We are issuing this AD to require actions to address the unsafe condition on these products and to add Stemme AG Model Stemme S 12 gliders to the Applicability section.

    DATES:

    This AD is effective March 20, 2018.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 20, 2018.

    ADDRESSES:

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0952; or in person at Docket Operations, U.S. Department of Transportation, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    For service information identified in this AD, contact STEMME AG, Flugplatzstrasse F2, Nr. 6-7, D-15344 Strausberg, Germany; telephone: +49 (0) 3341 3612-0, fax: +49 (0) 3341 3612-30; internet: https://www.stemme.com. You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for Docket No. FAA-2017-0952.

    FOR FURTHER INFORMATION CONTACT:

    Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; 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 Stemme AG Model Stemme S10-VT gliders (type certificate previously held by Stemme GmbH & Co. KG) and all Stemme AG Model Stemme S 12 gliders equipped with a certain front gearbox, part number 11AG. That NPRM was published in the Federal Register on October 10, 2017 (82 FR 46938), and proposed to supersede AD 2017-10-11, Amendment 39-18885 (82 FR 24239, May 26, 2017) (“AD 2017-10-11”).

    Since we issued AD 2017-10-11, we have type certificated Stemme AG Model Stemme S 12 gliders in the United States and have determined those model gliders should also be included in the applicability of AD 2017-10-11. In addition, Stemme AG has issued new service information with procedures for addressing the unsafe condition.

    Comments

    We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal and the FAA's response to the comment.

    Request for Manufacturer To Be Responsible for All Associated Cost

    Taylor Ray stated that the manufacturer should be responsible for replacing the front gearbox on the affected gliders at no cost to the owners/operators. We infer that the commenter is referring to the cost for both parts and labor.

    Taylor Ray stated that since the unsafe condition resulted from the manufacturing process, the manufacturer should be responsible for fixing the unsafe condition.

    We neither agree nor disagree since the FAA does not get involved in who pays for the cost of mitigating an unsafe condition. The primary concern the FAA has when issuing an AD is addressing unsafe conditions on various aircraft flying in the United States. While we provide information related to the estimated labor and parts cost associated with each AD, we do not control warranty coverage for owner/operators of the affected aircraft nor can we mandate the manufacturer to cover all associated costs. We have contacted Stemme AG about this issue. The following is the response we received: “All costs will be paid by Stemme AG (parts + work) for customers who are affected within the one-year warranty. Customers who are out of the one-year warranty will receive parts for free, but unfortunately, they have to pay for the necessary work (approx. 10 working hours).” Based on this response from Stemme AG, we revised the Cost of Compliance section in this AD. We changed the number of estimated work-hours per product to replace the front gearbox from 19 to 10, updated the total cost on U.S. operators and cost per product based on this change, and added standard warranty information.

    Conclusion

    We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this AD as proposed except for changes stated above. We have determined that these 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

    Stemme AG has issued STEMME Service Bulletin Dok. Nr.: P062-980010, Issue: 01, dated June 14, 2017, and STEMME Procedural Specification Dok. Nr.: P320-900060, dated June 14, 2017. In combination, the service information describes procedures for replacing the front gearbox. 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 of this AD.

    Differences Between This AD and the Service Information

    The service information for this AD allows the owner/operator to do certain maintenance tasks. Also, the service information specifies certain maintenance tasks be done by Stemme AG. However, for this AD, we do not allow the owner/operator to do any maintenance tasks; all maintenance tasks must be done by an appropriately certified mechanic or maintenance shop. In addition, we do not require any maintenance tasks be done specifically by Stemme AG; any appropriately certified mechanic or maintenance shop may do the tasks required by this AD.

    Costs of Compliance

    According to the U.S. registry, we have a total of 51 of both glider types registered, but there are still only 14 serial numbers of the part number 11AG front gearbox. Therefore, the most gliders that will be affected remains 14. According to Stemme AG, there are a total of 4 of the affected front gearboxes on both glider types of U.S. registry (2 for each model).

    It will take an estimated 10 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $2,000 per product.

    Based on these figures, if we consider the costs for all 14 affected gearboxes, then we estimate the cost of this AD on U.S. operators to be $39,990, or $2,850 per product.

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify this AD:

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

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

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

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

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0952; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    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 removing Amendment 39-18885 (82 FR 24239, May 26, 2017), and adding the following new AD: 2018-03-16 Stemme AG: Amendment 39-19189; Docket No. FAA-2017-0952; Product Identifier 2017-CE-028-AD. (a) Effective Date

    This airworthiness directive (AD) becomes effective March 20, 2018.

    (b) Affected ADs

    This AD replaces AD 2017-10-11, Amendment 39-18885 (82 FR 24239, May 26, 2017) (“AD 2017-10-11”).

    (c) Applicability

    This AD applies to Stemme AG Model Stemme S10-VT gliders (type certificate previously held by Stemme GmbH & Co. KG), all serial numbers, and Stemme AG Model Stemme S 12 gliders, all serial numbers, that are:

    (1) Equipped with a front gearbox, part number (P/N) 11AG, with a serial number listed in table 1 to paragraph (c) of this AD; and

    (2) are certificated in any category.

    Table 1 to Paragraph (c) of This AD—Affected P/N 11AG (Front Gearbox) S/Ns 80058/0814 80059/0915 80060/0915 80061/1115 80062/1215 80063/0116 80064/0416 80065/0616 80066/0716 80067/0916 80068/1016 80069/0117 80070/0217 80071/0217

    Note 1 to paragraph (c) of this AD: Page 2 of Stemme AG Service Bulletin No. P062-980010, dated April 21, 2017, provides a pictorial of where the serial number of the affected gearboxes are located.

    (d) Subject

    Air Transport Association of America (ATA) Code 61: Propellers/Propulsors.

    (e) Reason

    This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as certain propeller front transmission gear wheels having insufficient material strength because of improper heat treatment during manufacturing. We are issuing this AD to add a model glider to the Applicability, paragraph (c) of this AD, and to prevent failure of the propeller front transmission gear wheels. This failure could cause loss of power between the engine and the propeller, which could result in reduced control.

    (f) Actions and Compliance

    Unless already done, do the following actions:

    (1) For Model Stemme S10-VT gliders: Before further flight after June 15, 2017 (the effective date of AD 2017-10-11), replace the front gearbox following STEMME Procedural Specification Dok. Nr.: P320-900060, as specified in STEMME Service Bulletin Dok. Nr.: P062-980010, Issue: 01, both dated June 14, 2017.

    (2) For Model Stemme S 12 gliders: Before further flight after March 20, 2018 (the effective date of this AD), replace the front gearbox following STEMME Procedural Specification Dok. Nr.: P320-900060, as specified in STEMME Service Bulletin Dok. Nr.: P062-980010, Issue: 01, both dated June 14, 2017.

    (3) As of March 20, 2018 (the effective date of this AD), do not install a front gear box listed in table 1 of paragraph (c) of this AD.

    (4) The service information for this AD allows the owner/operator to do certain maintenance tasks. Also, the service information specifies certain maintenance tasks be done by Stemme AG. However, for this AD, we do not allow the owner/operator to do any maintenance tasks; all maintenance tasks must be done by an appropriately certified mechanic or maintenance shop. In addition, we do not require any maintenance tasks be done specifically by Stemme AG; any appropriately certified mechanic or maintenance shop may do the tasks required by this AD.

    (g) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, Small Airplane Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: [email protected]

    (i) Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

    (ii) AMOCs approved for AD 2017-10-11, Amendment 39-18885 (82 FR 24239, May 26, 2017) are approved as AMOCs for the corresponding provisions of 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, Small Airplane Standards Branch, FAA; or the European Aviation Safety Agency (EASA).

    (h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 2017-0072-E, dated April 26, 2017, and Stemme AG Service Bulletin No. P062-980010, dated April 21, 2017, for related information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. https://www.regulations.gov/document?D=FAA-2017-0952-0002.

    (i) 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) STEMME Service Bulletin Dok. Nr.: P062-980010, Issue: 01, dated June 14, 2017.

    (ii) STEMME Procedural Specification Dok. Nr.: P320-900060, dated June 14, 2017.

    (3) For Stemme AG service information identified in this AD, contact STEMME AG, Flugplatzstrasse F2, Nr. 6-7, D-15344 Strausberg, Germany; telephone: +49 (0) 3341 3612-0, fax: +49 (0) 3341 3612-30; internet: https://www.stemme.com.

    (4) You may view this service information at FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call 816-329-4148. In addition, you can access this service information on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0639.

    (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 Kansas City, Missouri, on February 5, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
    [FR Doc. 2018-02749 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0694; Product Identifier 2017-NM-007-AD; Amendment 39-19192; AD 2018-03-19] RIN 2120-AA64 Airworthiness Directives; Dassault Aviation Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a report indicating that fuselage panels were manufactured with defects that could reduce panel fatigue limits. This AD requires a one-time inspection of the affected panels and repair if necessary, and for certain airplanes, installation of a stiffener. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective March 20, 2018.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 20, 2018.

    ADDRESSES:

    For service information identified in this final rule, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700; internet http://www.dassaultfalcon.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, 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-2017-0694.

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0694; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.

    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 FALCON 7X airplanes. The NPRM published in the Federal Register on July 14, 2017 (82 FR 32498) (“the NPRM”). The NPRM was prompted by a report indicating that fuselage panels were manufactured with defects that could reduce panel fatigue limits. The NPRM proposed to require a one-time inspection of the affected panels and corrective actions if necessary. We are issuing this AD to detect and correct discrepancies of certain fuselage lateral panels, which could lead to crack propagation and possible reduced structural integrity of the fuselage.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0250, dated December 15, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Dassault Aviation Model FALCON 7X airplanes. The MCAI states:

    A few pockets of fuselage Section T5 lateral panels were manufactured with defects in certain chemically-milled profiles. The technical investigation concluded that the fatigue limit of the affected panels might be reduced, depending on the defect characteristics.

    This condition, if not detected and corrected, could lead to crack propagation, possibly resulting in reduced structural integrity of the fuselage.

    To address this potential unsafe condition, DA published Service Bulletin (SB) F7X-042 providing inspection instructions.

    For the reasons described above, this [EASA] AD requires a one-time [detailed] inspection of the chemically-milled profiles of the pockets of the Section T5 fuselage lateral panels and, depending on findings, accomplishment of applicable corrective action(s). This [EASA] AD also requires, for some aeroplanes, the installation of a stiffener on the forward pocket.

    Applicable corrective actions include repair, if necessary. 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-2017-0694.

    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 AD 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 correcting 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 Dassault Service Bulletin 7X-042, Revision 1, dated May 3, 2016. This service information describes the inspection of the chemically milled profiles of the pockets of the Section T5 fuselage lateral panels and the installation of a stiffener on the forward pocket on affected airplanes. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 4 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
  • Panel inspections Up to 10 work-hours × $85 per hour = $850 $0 Up to $850 Up to $3,400. Stiffener installation (up to 3 airplanes) 2 work-hours × $85 per hour = $170 8,769 $8,939 Up to $26,817.

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

    We determined that 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): 2018-03-19 Dassault Aviation: Amendment 39-19192; Docket No. FAA-2017-0694; Product Identifier 2017-NM-007-AD. (a) Effective Date

    This AD is effective March 20, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, certificated in any category, serial numbers (S/Ns) 2 through 19 inclusive, except S/Ns 3 and 8.

    (d) Subject

    Air Transport Association (ATA) of America Code 51, Structure.

    (e) Reason

    This AD was prompted by a report indicating that a few pockets of fuselage Section T5 lateral panels were manufactured with defects that could reduce the fatigue limit of the affected panels. We are issuing this AD to detect and correct discrepancies of certain fuselage lateral panels, which could lead to crack propagation and possible reduced structural integrity of the fuselage.

    (f) Compliance

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

    (g) Inspection

    Within 99 months or 4,100 flight cycles, whichever occurs first, after the effective date of this AD, do a detailed inspection to measure the pocket depth of the Section T5 fuselage lateral panels, in accordance with the Accomplishment Instructions of Dassault Service Bulletin 7X-042, Revision 1, dated May 3, 2016.

    (h) Repair

    During the inspection required by paragraph (g) of this AD, if any discrepancy is found, as defined in Accomplishment Instructions of Dassault Service Bulletin 7X-042, Revision 1, dated May 3, 2016, before further flight, contact the FAA, the European Aviation Safety Agency (EASA), or Dassault Aviation's EASA Design Organization Approval (DOA) for approved repair instructions, and, within the compliance time specified in those instructions, accomplish the repair accordingly.

    (i) Installation

    For airplanes having S/Ns 16, 17, and 19: Within 99 months or 4,100 flight cycles, whichever occurs first, after the effective date of this AD, install a stiffener on the forward pocket of Section T5 fuselage lateral panels, in accordance with the Accomplishment Instructions of Dassault Service Bulletin 7X-042, Revision 1, dated May 3, 2016.

    (j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraphs (g) and (i) of this AD, if those actions were performed before the effective date of this AD using Dassault Service Bulletin 7X-042, dated January 3, 2011.

    (k) 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 manager of the International Branch, send it to the attention of the person identified in paragraph (l)(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 EASA; or Dassault Aviation's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0250, dated December 15, 2016, 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-2017-0694.

    (2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.

    (3) 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 this AD specifies otherwise.

    (i) Dassault Service Bulletin 7X-042, Revision 1, dated May 3, 2016.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700; internet http://www.dassaultfalcon.com.

    (4) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (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 Renton, Washington, on January 30, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-02748 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1068; Product Identifier 2017-CE-034-AD; Amendment 39-19190; AD 2018-03-17] RIN 2120-AA64 Airworthiness Directives; Aeroclubul Romaniei Gliders AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Aeroclubul Romaniei Model IS-28B2 gliders. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks at stringers in the rear fuselage of several Model IS-28B2 gliders. We are issuing this AD to require actions to address the unsafe condition on these products.

    DATES:

    This AD is effective March 20, 2018.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 20, 2018.

    ADDRESSES:

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1068; or in person at 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 service information identified in this AD, contact Aeroclubul Romaniei, Bd.Lascar Catargiu, Nr.54, cod: 010673, Sector 1, Bucharest, Romania; telephone: 011+40 021-312-36-19; fax: 011+40 021-312-36-19; internet: www.aeroclubulromaniei.ro; email: www.aeroclubulromaniei.ro/contact/. You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for Docket No. FAA-2017-1068.

    FOR FURTHER INFORMATION CONTACT:

    Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; 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 Aeroclubul Romaniei Model IS-28B2 gliders. The NPRM was published in the Federal Register on November 14, 2017 (82 FR 52676). The NPRM proposed to correct an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country. The MCAI states:

    Cracks were reportedly detected, located at stringers in the rear fuselage of a number of IS-28B2 sailplanes. The subsequent investigation attributed these cracks to induction of a pre-stress during the manufacturing process of the affected parts.

    This condition, if not detected and corrected, could lead to reduced structural strength, possibly resulting in a loss of structural integrity of the sailplane.

    To address this potentially unsafe condition, Aeroclubul Romaniei (AR) issued Service Bulletin (SB) SB-IS-28B2-AR-01 to provide inspection instructions. AR is currently developing modification(s) to provide a design solution for the affected sailplanes.

    For the reasons described above, this [EASA] AD requires repetitive inspections of the structure of the rear fuselage and, depending on findings, accomplishment of applicable corrective action(s).

    This [EASA] AD is considered to be an interim action and further AD action may follow.

    The MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2017-1068-0002.

    Comments

    We gave the public the opportunity to participate in developing this AD. 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 the AD 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 correcting 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 Aeroclubul Romaniei Service Bulletin No.: SB-IS-28B2-AR-01, Revision 003, dated February 9, 2017 (ARSB No. AR-01), and Aeroclubul Romaniei Service Bulletin No.: SB-IS-28B2-AR-02, Revision 01, dated February 24, 2017 (ARSB No. AR-02). ARSB No. AR-01 describes procedures for inspection of the rear fuselage area to detect any cracks, ruptures, or corrosion. ARSB No. AR-02 describes procedures for installation of a modification to the upper stringer of the rear fuselage. 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 of the AD.

    Costs of Compliance

    We estimate that this AD will affect 30 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.

    Based on these figures, we estimate the cost of this AD on U.S. operators to be $5,100, or $170 per product.

    In addition, we estimate that any necessary follow-on actions would take about 15 work-hours and require parts costing $1,000, for a cost of $2,275 per product. We have no way of determining the number of products that may need these actions.

    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 small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.

    Regulatory Findings

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

    For the reasons discussed above, I certify this AD:

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

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

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

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

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1068; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    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 AD: 2018-03-17 Aeroclubul Romaniei: Amendment 39-19190; Docket No. FAA-2017-1068; Product Identifier 2017-CE-034-AD. (a) Effective Date

    This airworthiness directive (AD) becomes effective March 20, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Aeroclubul Romaniei Model IS-28B2 gliders, all serial numbers, certificated in any category.

    (d) Subject

    Air Transport Association of America (ATA) Code 53: Fuselage.

    (e) Reason

    This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks at stringers in the rear fuselage of several Model IS-28B2 gliders. We are issuing this AD to detect and correct cracks, which could lead to reduced structural strength resulting in loss of structural integrity and loss of control.

    (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs (f)(1) through (3):

    (1) Within 90 days after March 20, 2018 (the effective date of this AD) and repetitively thereafter at intervals not to exceed 50 hours time-in-service (TIS), inspect the rear fuselage structure following the instructions in Aeroclubul Romaniei Service Bulletin (SB) No.: SB-IS-28B2-AR-01, Revision 003, dated February 9, 2017.

    (2) If any crack or corrosion is detected during any inspection required in paragraph (f)(1) of this AD, before further flight, modify the rear fuselage structure following the instructions in Aeroclubul Romaniei SB No.: SB-IS-28B2-AR-02, Revision 01, dated February 24, 2017.

    (3) Completion of the modification to the rear fuselage structure as required in paragraph (f)(2) of this AD terminates the repetitive inspections required in paragraph (f)(1) of this AD.

    (g) Reporting Requirement

    Although Aeroclubul Romaniei SB No.: SB-IS-28B2-AR-01, Revision 003, dated February 9, 2017, specifies to submit certain information to the manufacturer, this AD does not require that action.

    (h) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, Small Airplane Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any glider to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

    (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, Small Airplane Standards Branch, FAA; or the European Aviation Safety Agency (EASA).

    (i) Related Information

    Refer to MCAI AD No.: 2016-0233, dated November 23, 2016. The MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2017-1068-0002.

    (j) Material Incorporated by Reference

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

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

    (i) Aeroclubul Romaniei Service Bulletin No.: SB-IS-28B2-AR-01, Revision 003, dated February 9, 2017.

    (ii) Aeroclubul Romaniei Service Bulletin No.: SB-IS-28B2-AR-02, Revision 01, dated February 24, 2017.

    (3) For Aeroclubul Romaniei service information identified in this AD, contact: Aeroclubul Romaniei, Bd.Lascar Catargiu, Nr.54, cod: 010673, Sector 1, Bucharest, Romania; telephone: 011+40 021-312-36-19; fax: 011+40 021-312-36-19; internet: www.aeroclubulromaniei.ro; email: www.aeroclubulromaniei.ro/contact/.

    (4) You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. In addition, you can access this service information on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1068.

    (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 Kansas City, Missouri, on February 5, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
    [FR Doc. 2018-02601 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0943; Product Identifier 2017-NE-34-AD; Amendment 39-19186; AD 2018-03-13] RIN 2120-AA64 Airworthiness Directives; General Electric Company Turboprop Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain General Electric Company (GE) CT7-5A2, CT7-5A3, CT7-7A, CT7-7A1, CT7-9B, CT7-9B1, CT7-9B2, CT7-9C and CT7-9C3 model turboprop engines. This AD requires initial and repetitive visual inspection and fluorescent-penetrant inspection (FPI) of the main propeller shaft. This AD was prompted by the failure of a main propeller shaft. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective February 28, 2018.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 28, 2018.

    We must receive comments on this AD by March 30, 2018.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

    Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this final rule, contact General Electric Company, GE-Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; fax: 513-552-3329; email: [email protected] You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0943.

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0943; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Discussion

    We received a report that a condition was found after an incident where the main propeller shaft on a GE CT7-9B failed in flight, resulting in the loss of the propeller. The condition is cracking initiating from undiscovered corrosion in the dowel pin hole on the flange of the main propeller shaft. This proposed AD would require visually inspecting the main propeller shaft for wear and corrosion and FPI for cracks. This condition, if not addressed, could result in failure of the main propeller shaft, resulting in in-flight loss of the propeller, loss of engine thrust control, and damage to the airplane. We are issuing this AD to address the unsafe condition on these products.

    A similar propeller separation incident occurred in 1992 because of a material defect. The affected parts were purged from the field at that time.

    Related Service Information Under 1 CFR Part 51

    We reviewed SPM 70-32-03, SPOT-FLUORESCENT PENETRANT INSPECTION, TASK 70-32-03-230-002, from the GE Commercial Engine Standard Practices Manual GEK 9250, Rev. 106, dated April 01, 2007. This procedure provides instruction for spot FPI.

    We also reviewed MM 72-10-00, PROPELLER GEARBOX INSPECTION and MM 72-10-00, PROPELLER GEARBOX—CLEANING, from the GE CT7B Maintenance Manual SEI-576, Rev. 60, dated October 1, 2017. These procedures provides instructions for inspection and cleaning, respectively, of the main propeller shaft.

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

    Other Related Service Information

    We reviewed GE Service Bulletin (SB) CT7-TP S/B 72-0531, dated June 22, 2017. The SB references standard procedures for initial and repetitive visual and FPI of the main propeller shaft for SF340 aircraft.

    We also reviewed GE SB CT7-TP S/B 72-0533, dated October 3, 2017. The SB references standard procedures for initial and repetitive visual and FPI of the main propeller shaft for CN235 aircraft.

    FAA's Determination

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

    AD Requirements

    This AD requires visually inspecting the main propeller shaft for wear and corrosion and FPI for cracks.

    Differences Between This AD and the Service Information

    The inspection plan in this AD adds visual inspection and FPI to the repetitive inspections. This AD adds upper limits to the “inspect within” times to avoid conflicting times to inspect.

    FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the compliance time for the action is less than the time required for public comment. Therefore, we find that notice and opportunity for prior public comment are impracticable. In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days.

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number Docket No. FAA-2017-0943 and Product Identifier 2017-NE-34-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 176 engines installed on airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Initial FPI 2 work-hours × $85 per hour = $170 $0 $170 $29,920
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-03-13 General Electric Company: Amendment 39-19186; Docket No. FAA-2017-0943; Product Identifier 2017-NE-34-AD. (a) Effective Date

    This AD is effective February 28, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to General Electric Company (GE) CT7-5A2, CT7-5A3, CT7-7A, CT7-7A1, CT7-9B, CT7-9B1, CT7-9B2, CT7-9C and CT7-9C3 model turboprop engines with main propeller shaft, part number 77581-11, installed.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7210, Turbine Engine Reduction Gear.

    (e) Unsafe Condition

    This AD was prompted by the failure of a main propeller shaft. We are issuing this AD to prevent failure of the main propeller shaft. The unsafe condition, if not addressed, could result in in-flight loss of the propeller, loss of engine thrust control, and damage to the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) For propeller gear boxes (PGBs) with 46,000 hours time since new (TSN) or more, perform cleaning, visual inspection, and fluorescent-penetrant inspection (FPI) within 150 hours time in service (TIS) after the effective date of this AD, or one month after the effective date of this AD, whichever occurs first.

    (2) For PGBs with 40,000 hours TSN or more, but less than 46,000 hours TSN, perform cleaning, visual inspection, and FPI within 500 hours TIS after the effective date of this AD, not to exceed 46,150 TSN or four months after the effective date of this AD, whichever occurs first.

    (3) For PGBs with 30,000 hours TSN or more, but less than 40,000 hours TSN, perform cleaning, visual inspection, and FPI within 1,000 hours TIS after the effective date of this AD, not to exceed 40,500 TSN or eight months after the effective date of this AD, whichever occurs first.

    (4) For PGBs with less than 30,000 hours TSN, perform cleaning, visual inspection, and FPI at the next propeller removal, not to exceed 31,000 hours TSN.

    (5) Perform the cleaning, visual inspection and FPI, as follows:

    (i) Clean the main propeller shaft flange. Use the instructions in paragraph 5, “Main Propeller Shaft,” in MM 72-10-00, PROPELLER GEARBOX—CLEANING from GE CT7B Maintenance Manual SEI-576, Rev. 60, dated October 1, 2017.

    (ii) Visually inspect the main propeller shaft for wear, corrosion, and cracking. Use the instructions in paragraph 5.A., “Main Propeller Shaft,” in MM 72-10-00, PROPELLER GEARBOX—INSPECTION from GE CT7B Maintenance Manual SEI-576, Rev. 60, dated October 1, 2017.

    (iii) Spot-fluorescent-penetrant inspect the area on the main propeller shaft flange face within 0.5 inches radially adjacent to the dowel pin holes for cracks. Use the instructions in SPM 70-32-03, SPOT-FLUORESCENT PENETRANT—INSPECTION, Task 70-32-03-230-002 from GE GEK 9250, Commercial Engine Standard Practices Manual, Rev. 106, dated April 1, 2007.

    (6) Repeat the cleaning, visual inspection, and FPI of the main propeller shaft at each removal of the propeller.

    (7) Before further flight, remove from service any main propeller shaft found cracked, or with corrosion or wear beyond the limits specified in SPM 70-32-03, SPOT-FLUORESCENT PENETRANT—INSPECTION, Task 70-32-03-230-002, from GE GEK 9250, Commercial Engine Standard Practices Manual, Rev. 106, dated April 1, 2007.

    (h) Credit for Previous Actions

    Main propeller shafts that were replaced with new zero-time parts at an overhaul of the PGB within the last 10,000 hours TIS, or inspected in accordance with GE Service Bulletin (SB) CT7-TP S/B 72-0531, dated June 22, 2017, or GE SB CT7-TP S/B 72-0533, dated October 3, 2017, satisfy the requirements specified in paragraph (g)(5) of this AD.

    (i) Alternative Methods of Compliance (AMOCs)

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

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

    (j) Related Information

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

    (k) Material Incorporated by Reference

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

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

    (i) SPM 70-32-03, SPOT-FLUORESCENT PENETRANT INSPECTION, TASK 70-32-03-230-002, from the GE Commercial Engine Standard Practices Manual GEK 9250, Rev. 106, dated April 01, 2007.

    (ii) MM 72-10-00, PROPELLER GEARBOX INSPECTION, from the GE CT7B Maintenance Manual SEI-576, Rev. 60, dated October 1, 2017.

    (iii) MM 72-10-00, PROPELLER GEARBOX—CLEANING, from the GE CT7B Maintenance Manual SEI-576, Rev. 60, dated October 1, 2017.

    (3) For GE service information identified in this AD, contact General Electric Company, GE-Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; fax: 513-552-3329; email: [email protected]

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

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

    Issued in Burlington, Massachusetts, on February 8, 2018. Robert J. Ganley, Acting Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-02917 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-1082 Airspace Docket No. 17-AGL-22] Amendment of Multiple Air Traffic Service (ATS) Routes; North Central United States AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule, technical amendment.

    SUMMARY:

    The FAA is amending four high altitude Area Navigation (RNAV) Q-routes (Q-140, Q-818, Q-935, and Q-947) that cross the United States (U.S.)/Canada border in the north central U.S. This action updates the latitude/longitude coordinates for three Canadian waypoints listed in the Q-route descriptions contained in the FAA aeronautical database to match the Canadian aeronautical database source information.

    DATES:

    Effective date 0901 UTC, May 24, 2018. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

    FAA Order 7400.11B, 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 7400.11B 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:

    Colby Abbott, 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 amend the route structure as required to preserve the safe and efficient flow of air traffic.

    History

    On September 26, 2014, the FAA published in the Federal Register a final rule (79 FR 57758), Docket No. FAA-2014-0295, that amended, removed, and established multiple Air Traffic Service (ATS) routes in the north central U.S. to reflect and accommodate route changes being made in Canadian airspace as part of a Canadian airspace redesign project. During a recent aeronautical review, the FAA identified three Canadian waypoint geographic coordinate updates that were required for the waypoints RUBKI, IKNAV, and REVEN.

    This rule makes the Canadian waypoint corrections to ensure the Q-routes and FAA aeronautical database are in concert with the Canadian aeronautical database source information.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71 by modifying RNAV Q-routes Q-140, Q-818, Q-935, and Q-947. The route modifications correct the RUBKI, IKNAV, and REVEN waypoint geographic coordinates used in the routes to match the Q-route descriptions and the FAA aeronautical database with the Canadian aeronautical database source information. The amendments result in no substantive changes or impact on the public and ensure safe and efficient across border connectivity.

    The RNAV route modifications accomplished by this action are outlined below.

    Q-140: Change the RUBKI waypoint geographic coordinates from “Lat. 44°14′56.00″ N, long. 082°15′25.99″ W” to read “Lat. 44°14′54.82″ N, long. 082°16′07.65″ W.” Q-818: Change the IKNAV waypoint geographic coordinates from “Lat. 42°57′43.00″ N, long. 078°59′04.00″ W” to read “Lat. 42°57′43.00″ N, long. 078°58′04.00″ W.” Q-935: Change the IKNAV waypoint geographic coordinates from “Lat. 42°57′43.00″ N, long. 078°59′04.00″ W” to read “Lat. 42°57′43.00″ N, long. 078°58′04.00″ W.” Q-947: Change the REVEN waypoint geographic coordinates from “Lat. 45°33′09.70″ N, long. 070°42′01.90″ W” to read “Lat. 45°33′09.74″ N, long. 070°42′01.90″ W.”

    Because the changes in this technical amendment result in no substantive change, we find notice and public procedures under 5 U.S.C. 553(b) is unnecessary.

    High altitude United States RNAV Q-routes are published in paragraph 2006 and high altitude Canadian RNAV Q-routes are published in paragraph 2007 of FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The high altitude United States and Canadian RNAV Q-routes listed in this rule will be subsequently published 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. 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 only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    The FAA has determined that this action of modifying four high altitude RNAV Q-routes qualifies for categorical exclusion under the National Environmental Policy Act and its implementing regulations at 40 CFR part 1500, and in accordance with FAA Order 1050.1F. Environmental Impacts: Policies and Procedures, Paragraph 5-6.5a, which categorically excludes from further environmental impact review rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points). Therefore, this action is not expected to cause any potentially significant environmental impacts. In accordance with FAAO 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, this action has been reviewed for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis, and it is determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Amendment

    In consideration of the foregoing, the Federal Aviation Administration amends 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 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 2006 United States Area Navigation Routes. Q-140 WOBED, WA to YODAA, NY [Amended] WOBED, WA WP (Lat. 48°36′01.07″ N, long. 122°49′46.52″ W) GETNG, WA WP (Lat. 48°25′30.57″ N, long. 119°31′38.98″ W) CORDU, ID FIX (Lat. 48°10′46.41″ N, long. 116°40′21.84″ W) PETIY, MT WP (Lat. 47°58′46.55″ N, long. 114°36′20.31″ W) CHOTE, MT FIX (Lat. 47°39′56.68″ N, long. 112°09′38.13″ W) LEWIT, MT WP (Lat. 47°23′00.21″ N, long. 110°08′44.78″ W) SAYOR, MT FIX (Lat. 47°13′58.34″ N, long. 104°58′39.28″ W) WILTN, ND FIX (Lat. 47°04′58.09″ N, long. 100°47′43.84″ W) TTAIL, MN WP (Lat. 46°41′28.00″ N, long. 096°41′09.00″ W) CESNA, WI WP (Lat. 45°52′14.00″ N, long. 092°10′59.00″ W) WISCN, WI WP (Lat. 45°18′19.45″ N, long. 089°27′53.91″ W) EEGEE, WI WP (Lat. 45°08′53.00″ N, long. 088°45′58.00″ W) DAYYY, MI WP (Lat. 44°10′10.00″ N, long. 084°22′23.00″ W) RUBKI, Canada WP (Lat. 44°14′54.82″ N, long. 082°16′07.65″ W) PEPLA, Canada WP (Lat. 43°47′50.98″ N, long. 080°00′53.56″ W) SIKBO, Canada WP (Lat. 43°39′13.00″ N, long. 079°20′57.00″ W) MEDAV, Canada WP (Lat. 43°29′19.00″ N, long. 078°45′46.00″ W) AHPAH, NY WP (Lat. 43°18′19.00″ N, long. 078°07′35.11″ W) HANKK, NY FIX (Lat. 42°53′41.82″ N, long. 077°09′15.21″ W) BEEPS, NY FIX (Lat. 42°49′13.26″ N, long. 076°59′04.84″ W) EXTOL, NY FIX (Lat. 42°39′27.69″ N, long. 076°37′06.10″ W) MEMMS, NY FIX (Lat. 42°30′59.71″ N, long. 076°18′15.43″ W) KODEY, NY FIX (Lat. 42°16′47.53″ N, long. 075°47′04.00″ W) ARKKK, NY WP (Lat. 42°03′48.52″ N, long. 075°19′00.41″ W) RODYY, NY WP (Lat. 41°52′25.85″ N, long. 074°35′49.39″ W) YODAA, NY FIX (Lat. 41°43′21.19″ N, long. 074°01′52.76″ W)

    Excluding the airspace within Canada.

    Paragraph 2007 Canadian Area Navigation Routes. Q-818 Flint, MI (FNT) to GAYEL, NY [Amended] Flint, MI (FNT) VORTAC (Lat. 42°58′00.38″ N, long. 083°44′49.08″ W) TANKO, Canada WP (Lat. 43°01′32.48″ N, long. 082°23′02.38″ W) KITOK, Canada WP (Lat. 43°02′30.00″ N, long. 081°55′34.00″ W) DERLO, Canada WP (Lat. 43°03′59.00″ N, long. 081°05′43.00″ W) IKNAV, Canada WP (Lat. 42°57′43.00″ N, long. 078°58′04.00″ W) WOZEE, NY WP (Lat. 42°56′01.65″ N, long. 078°44′19.64″ W) KELIE, NY FIX (Lat. 42°39′37.32″ N, long. 077°44′41.05″ W) VIEEW, NY FIX (Lat. 42°26′22.07″ N, long. 077°01′33.30″ W) Binghampton, NY (CFB) VORTAC (Lat. 42°09′26.96″ N, long. 076°08′11.30″ W) BUFFY, PA FIX (Lat. 41°56′27.98″ N, long. 075°36′45.35″ W) STOMP, NY WP (Lat. 41°35′46.78″ N, long. 074°47′47.79″ W) MSLIN, NY FIX (Lat. 41°29′30.82″ N, long. 074°33′14.28″ W) GAYEL, NY FIX (Lat. 41°24′24.09″ N, long. 074°21′25.75″ W)

    Excluding the airspace within Canada.

    Q-935 MONEE, MI to Boston, MA (BOS) [Amended] MONEE, MI FIX (Lat. 43°14′25.80″ N, long. 084°27′50.95″ W) HOCKE, MI WP (Lat. 43°15′43.38″ N, long. 082°42′38.27″ W) OMRAK, Canada WP (Lat. 43°16′15.45″ N, long. 082°15′52.31″ W) DERLO, Canada WP (Lat. 43°03′59.00″ N, long. 081°05′43.00″ W) IKNAV, Canada WP (Lat. 42°57′43.00″ N, long. 078°58′04.00″ W) WOZEE, NY WP (Lat. 42°56′01.65″ N, long. 078°44′19.64″ W) HANKK, NY FIX (Lat. 42°53′41.82″ N, long. 077°09′15.21″ W) JOSSY, NY WP (Lat. 42°53′29.93″ N, long. 077°02′36.80″ W) AUDIL, NY FIX (Lat. 42°52′18.74″ N, long. 076°26′35.07″ W) FABEN, NY WP (Lat. 42°51′12.04″ N, long. 075°57′07.91″ W) PONCT, NY WP (Lat. 42°44′48.83″ N, long. 073°48′48.07″ W) Gardner, MA (GDM) VOR/DME (Lat. 42°32′45.32″ N, long. 072°03′29.48″ W) Boston, MA (BOS) VOR/DME (Lat. 42°21′26.82″ N, long. 070°59′22.37″ W)

    Excluding the airspace within Canada.

    Q-947 REVEN, Canada to DUVOK, Canada REVEN, Canada WP (Lat. 45°33′09.74″ N, long. 070°42′01.90″ W) TOPPS, ME FIX (Lat. 45°20′24.65″ N, long. 067°44′19.11″ W) CUZWA, ME WP (Lat. 45°17′48.49″ N, long. 067°27′58.22″ W) DUVOK, Canada WP (Lat. 44°55′37.33″ N, long. 065°17′11.66″ W)

    Excluding the airspace within Canada.

    Issued in Washington, DC, on February 6, 2018. Rodger A. Dean Jr., Manager, Airspace Policy Group.
    [FR Doc. 2018-02808 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31177; Amdt. No. 3785] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective February 13, 2018. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of February 13, 2018.

    ADDRESSES:

    Availability of matters incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.

    2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

    3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. 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/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

    The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

    Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C 553(d), good cause exists for making some SIAPs effective in less than 30 days.

    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. 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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC, on January 26, 2018. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows: Effective 1 March 2018 Hope, AR, Hope Muni, NDB RWY 16, Amdt 5A Rexburg, ID, Rexburg-Madison County, RNAV (GPS) RWY 35, Amdt 1C Pittsburg, KS, Atkinson Muni, RNAV (GPS) RWY 17, Amdt 3A Laredo, TX, Laredo Intl, VOR OR TACAN RWY 14, Amdt 10A Laredo, TX, Laredo Intl, VOR OR TACAN RWY 32, Amdt 11A Effective 29 March 2018 San Diego, CA, San Diego Intl, ILS Y OR LOC Y RWY 9, Amdt 2A San Diego, CA, San Diego Intl, ILS Z OR LOC Z RWY 9, Orig San Francisco, CA, San Francisco Intl, ILS OR LOC RWY 28L, ILS RWY 28L (SA CAT II), Amdt 26 San Francisco, CA, San Francisco Intl, ILS OR LOC RWY 28R, ILS RWY 28R (SA CAT I), ILS RWY 28R (CAT II), ILS RWY 28R (CAT III), Amdt 14 San Francisco, CA, San Francisco Intl, RNAV (GPS) RWY 28L, Amdt 6 San Francisco, CA, San Francisco Intl, RNAV (GPS) PRM RWY 28L (CLOSE PARALLEL), Amdt 2 San Francisco, CA, San Francisco Intl, RNAV (GPS) Z RWY 28R, Amdt 6 San Francisco, CA, San Francisco Intl, RNAV (RNP) Y RWY 28R, Amdt 4 St Augustine, FL, Northeast Florida Rgnl, ILS OR LOC RWY 31, Amdt 1 St Augustine, FL, Northeast Florida Rgnl, RNAV (GPS) RWY 31, Amdt 2 Douglas, GA, Douglas Muni, RNAV (GPS) RWY 4, Amdt 2 Douglas, GA, Douglas Muni, RNAV (GPS) RWY 22, Amdt 2 Independence, IA, Independence Muni, NDB RWY 18, Amdt 3A, CANCELED Independence, IA, Independence Muni, RNAV (GPS) RWY 18, Amdt 1 Independence, IA, Independence Muni, RNAV (GPS) RWY 36, Amdt 1 Boise, ID, Boise Air Terminal/Gowen FLD, ILS OR LOC RWY 28R, Orig-B Boise, ID, Boise Air Terminal/Gowen FLD, ILS Y OR LOC Y RWY 10R, ILS Y RWY 10R (SA CAT I), ILS Y RWY 10R (CAT II), ILS Y RWY 10R (CAT III), Amdt 13 Boise, ID, Boise Air Terminal/Gowen FLD, NDB RWY 10R, Amdt 28B, CANCELED Chicago/West Chicago, IL, DuPage, RNAV (GPS) RWY 2R, Orig-D Chicago/West Chicago, IL, DuPage, RNAV (GPS) RWY 10, Orig-E Chicago/West Chicago, IL, DuPage, RNAV (GPS) RWY 20R, Amdt 1E Springhill, LA, Springhill, Takeoff Minimums and Obstacle DP, Amdt 1 Boston, MA, General Edward Lawrence Logan Intl, ILS OR LOC RWY 4R, ILS RWY 4R (SA CAT I), ILS RWY 4R (CAT II), ILS RWY 4R (CAT III), Amdt 10D Boston, MA, General Edward Lawrence Logan Intl, ILS OR LOC RWY 15R, Amdt 1G Nantucket, MA, Nantucket Memorial, ILS OR LOC RWY 6, Amdt 2A Nantucket, MA, Nantucket Memorial, ILS OR LOC RWY 24, Amdt 16A Minneapolis, MN, Anoka County-Blaine (Janes Field), ILS OR LOC RWY 27, Orig-C Minneapolis, MN, Anoka County-Blaine (Janes Field), RNAV (GPS) RWY 9, Amdt 1 Minneapolis, MN, Anoka County-Blaine (Janes Field), RNAV (GPS) RWY 18, Orig-F Minneapolis, MN, Anoka County-Blaine (Janes Field), RNAV (GPS) RWY 27, Orig-D Minneapolis, MN, Anoka County-Blaine (Janes Field), VOR RWY 9, Amdt 12D Princeton, MN, Princeton Muni, RNAV (GPS) RWY 15, Orig-B Princeton, MN, Princeton Muni, RNAV (GPS) RWY 33, Orig-A Latrobe, PA, Arnold Palmer Rgnl, ILS OR LOC RWY 24, Amdt 17A Latrobe, PA, Arnold Palmer Rgnl, RNAV (GPS) RWY 6, Amdt 1A Latrobe, PA, Arnold Palmer Rgnl, RNAV (GPS) RWY 24, Amdt 1A Latrobe, PA, Arnold Palmer Rgnl, Takeoff Minimums and Obstacle DP, Amdt 7 Hot Springs, SD, Hot Springs Muni, RNAV (GPS) RWY 1, Orig-B Hot Springs, SD, Hot Springs Muni, RNAV (GPS) RWY 19, Orig-B Memphis, TN, Memphis Intl, ILS OR LOC RWY 9, Amdt 27B Memphis, TN, Memphis Intl, ILS OR LOC RWY 18C, Amdt 1D Memphis, TN, Memphis Intl, ILS OR LOC RWY 18L, Amdt 2D Memphis, TN, Memphis Intl, ILS OR LOC RWY 18R, Amdt 14D Memphis, TN, Memphis Intl, ILS OR LOC RWY 27, Amdt 4C Memphis, TN, Memphis Intl, RNAV (GPS) RWY 9, Amdt 1B Memphis, TN, Memphis Intl, RNAV (GPS) RWY 27, Amdt 2D Memphis, TN, Memphis Intl, RNAV (GPS) RWY 36C, Amdt 1C Memphis, TN, Memphis Intl, RNAV (GPS) RWY 36L, Amdt 1C Memphis, TN, Memphis Intl, RNAV (GPS) RWY 36R, Amdt 1D Memphis, TN, Memphis Intl, RNAV (GPS) Z RWY 18C, Amdt 2B Memphis, TN, Memphis Intl, RNAV (GPS) Z RWY 18L, Amdt 2D Memphis, TN, Memphis Intl, RNAV (GPS) Z RWY 18R, Amdt 2E Memphis, TN, Memphis Intl, RNAV (RNP) X RWY 18L, Orig-D Memphis, TN, Memphis Intl, RNAV (RNP) X RWY 18R, Orig-E Memphis, TN, Memphis Intl, RNAV (RNP) Y RWY 18C, Orig-E Memphis, TN, Memphis Intl, RNAV (RNP) Y RWY 18L, Orig-D Memphis, TN, Memphis Intl, RNAV (RNP) Y RWY 18R, Orig-E Murfreesboro, TN, Murfreesboro Muni, Takeoff Minimums and Obstacle DP, Amdt 4 Fillmore, UT, Fillmore Muni, RNAV (GPS) RWY 4, Amdt 1B Ogden, UT, Ogden-Hinckley, ILS OR LOC RWY 3, Amdt 4D Ogden, UT, Ogden-Hinckley, RNAV (GPS) Y RWY 3, Orig-A Ogden, UT, Ogden-Hinckley, VOR-A, Orig Ogden, UT, Ogden-Hinckley, VOR/DME RWY 7, Amdt 6, CANCELED Vernal, UT, Vernal Rgnl, RNAV (GPS) Y RWY 35, Orig-A Vernal, UT, Vernal Rgnl, RNAV (GPS) Z RWY 35, Orig-A Vernal, UT, Vernal Rgnl, VOR RWY 35, Orig-A
    [FR Doc. 2018-02681 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31178; Amdt. No. 3786] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective February 13, 2018. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of February 13, 2018.

    ADDRESSES:

    Availability of matter incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;

    2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

    3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. 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/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK. 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary. This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

    Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

    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. 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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC, on January 26, 2018. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows:

    By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

    Effective Upon Publication AIRAC date State City Airport FDC No. FDC date Subject 1-Mar-18 MA Beverly Beverly Rgnl 8/2210 1/16/18 Takeoff Minimums and Obstacle DP, Amdt 3A. 1-Mar-18 IA Maquoketa Maquoketa Muni 8/2971 1/11/18 Takeoff Minimums and Obstacle DP, Amdt 1. 1-Mar-18 SD Rapid City Rapid City Rgnl 8/3793 1/11/18 RNAV (GPS) Rwy 32, Amdt 2.
    [FR Doc. 2018-02682 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170710645-8098-02] RIN 0648-BH03 Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 4 AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    The final rule approves regulations to implement the Northeast Skate Complex Fishery Management Plan Framework Adjustment 4 management measures. This rule implements several measures to reduce the risk of the skate bait fishery from effectively closing down as it did in fishing year 2016. This action will reduce the skate bait season 3 possession limit and establish a separate skate bait incidental possession limit. This action is needed to better control the catch of skate bait and provide a more consistent supply of skate bait to the lobster fishery.

    DATES:

    Effective March 15, 2018.

    ADDRESSES:

    New England Fishery Management Council staff prepared an environmental assessment (EA) for Northeast Skate Complex Framework Adjustment 4 that describes the proposed action and other considered alternatives. The EA provides a thorough analysis of the biological, economic, and social impacts of the proposed measures and other considered alternatives, a Regulatory Impact Review, and economic analysis. Copies of the Framework 4 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 or https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0099.

    FOR FURTHER INFORMATION CONTACT:

    Debra Lambert, Fishery Policy Analyst, (301) 427-8560.

    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 bait (the bait fishery). Fishery specific allocations, called total allowable landings (TALs), are set through biennial specifications. Additional information on the skate fisheries can be found online at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/skate/index.html.

    The bait and wing fisheries have different seasonal quotas and possession limits. Generally, the bait fishery operates under an exemption from the wing fishery possession limits; however, the inseason adjustments to possession limits have been linked between the two fisheries. The bait fishery is managed under a 3-season fishing year: Season 1 is May 1-July 31; Season 2 is August 1-October 31; and, Season 3 is November 1-April 30. Previously, when the bait fishery reached 90 percent of a season's TAL, or 90 percent of the annual bait TAL, the bait fishery possession limit reverted to the substantially lower wing possession limit. The linked inseason adjustment for these fisheries became problematic in fishing year 2016, as the possession limit in the skate bait fishery was reduced twice, effectively closing the bait fishery. Further background can be found in the proposed rule for Framework Adjustment 4 to the FMP, which published on October 20, 2017 (82 FR 48781). Additional information on previous and current skate management measures can be reviewed through the Council's website at http://www.nefmc.org/management-plans/skates.

    In response to the closure, the Council developed Framework 4 to reduce the likelihood of a lengthy in-season closure while ensuring bait landings do not exceed the TAL. As mentioned above, on October 20, 2017, NMFS published a proposed rule (82 FR 48781) identifying the measures in Framework 4. Comments on the proposed rule were accepted through November 6, 2017.

    Approved Measures

    NMFS is approving the regulatory changes for the skate bait fishery as recommended by the Council in Framework 4 and detailed in our proposed rule. The approved measures are:

    1. Reduce the Season 3 Bait Skate Possession Limit

    The Season 3 (November 1 through April 30) possession limit is reduced from 25,000 lb (11,340 kg) to 12,000 lb (5,443 kg). Because Season 3 is the longest season in the bait fishery (6 months), reducing the trip limit should slow the catch rate and lessen the chance of closing the fishery.

    2. Reduce the Season 3 Bait Skate TAL Threshold Trigger

    The trigger for implementing an inseason adjustment to possession limits in Season 3 is reduced from 90 to 80 percent of the TAL (i.e., when 80 percent of the TAL has been reached). The trigger for implementing an inseason adjustment to possession limits in Season 1 and 2 will remain at 90 percent of the seasonal TAL.

    3. Establish a Separate Bait Skate Incidental Possession Limit

    This action de-couples the inseason adjustments for the skate wing and bait fisheries. Once the trigger for implementing an inseason adjustment to possession limits in the skate bait fishery has been reached, the incidental possession limit will be 8,000 lb (3,629 kg) for the remainder of the season.

    4. Implement a Bait Skate Fishery Closure When the TAL Is Harvested

    The bait fishery will be closed when 100 percent of the bait TAL is projected to be harvested. This measure will better ensure that the skate bait fishery does not exceed its TAL.

    5. Removal of Incidental Possession Limit if Necessary To Achieve TAL

    This action also clarifies that if NMFS determines that an in-season possession limit reduction (putting in place the incidental possession limit) could prohibit the skate bait fishery from achieving its annual TAL, NMFS may remove the in-season reduction and reinstate the standard seasonal possession limit.

    Comments and Responses

    We received four public comments on the proposed rule, two of which were not responsive to the action.

    Comment 1: Two commenters, the Atlantic Offshore Lobstermen's Association and the Cape Cod Commercial Fishermen's Alliance, support de-coupling the skate wing and bait inseason possession limit adjustments and support the measures in the proposed rule.

    Response: We are approving Framework 4 and the accompanying measures because they allow the fishery to more effectively harvest its optimum yield. The Framework 4 measures are expected to better ensure that the skate bait fishery remains open throughout Season 3. If it becomes necessary to implement an incidental possession limit for the skate bait fishery, those measures will function independently of the skate wing fishery, and would allow fishing to continue at a lower level.

    Changes From the Proposed Rule

    Only two minor revisions were made to the regulatory text that was specified in the proposed rule. Section 648.322(c)(4) was revised to reduce redundancy by deleting the following phrase from the end of the sentence: “or whole skates greater than 23 inches (58.42 cm) total length.” Section 648.322(f) was revised for clarity by adding the phrase “possession limit” towards the end of the sentence.

    Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that Framework 4 to the FMP is necessary for the conservation and management of the northeast skate complex and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable law.

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

    Pursuant to section 604 of the Regulatory Flexibility Act (RFA), NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) in support of this action. The FRFA incorporates the Initial Regulatory Flexibility Analysis (IRFA), a summary of the significant issues raised by the public comments in response to the IRFA, and NMFS' responses to those comments, and a summary of the analyses completed to support the action. A copy of this analysis and the EA are available from the Council (see ADDRESSES). A description of why this action was considered, and the objectives of this rule, is contained in the preamble to the proposed rule and this final rule and is not repeated here.

    A Summary of the Significant Issues Raised by the Public in Response to the IRFA, a Summary of the Agency's Assessment of Such Issues, and a Statement of Any Changes Made in the Final Rule as a Result of Such Comments

    We received four public comments on the proposed rule, two of which were not responsive to the action. For a summary of the comments, and NMFS' response, see the Comments and Responses section above. The comments did not raise any issues or concerns related to the IRFA or the economic impacts of the rule more generally. In addition, no comments were filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule. No changes were made to the rule as a result of comments.

    Description and Estimate of the Number of Small Entities to Which the Rule Would Apply

    This rule will affect vessels that hold Federal open access commercial skate permits that participate in the skate fishery or affiliated groups that hold multiple open access commercial skate permits that participate in the skate fishery. Within the skate bait fishery, the majority of affiliated groups consist of a single permit-holder, or 71 vessels in fishing year 2015, the most recent year for which complete information was available during the Council's impact analyses. Four vessels belong to affiliated groups that hold two or more permits.

    For 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 million for all its affiliated operations worldwide. The Council's analysis indicates the maximum number of small fishing entities that may be affected by this action is 69 (71 vessels), based on 2015 data. During fishing year 2015, only 69 affiliated groups landed any amount of skate for bait. At the permit level, every skate landing permit is defined as a small business according to size standards (the top five vessels have total revenues between 600 thousand and 1.9 million dollars in 2015).

    Description of the Projected Reporting, Recordkeeping, and Other Compliance Requirements

    This action does not introduce any new reporting, recordkeeping, or other compliance requirements.

    Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statues

    The Council considered revising the skate bait trigger for implementing an inseason adjustment, reduced possession limit, and closure independently, but elected to include all of the measures into a single action. The Council was concerned that, independently, the measures would not restrict catch enough and leave the fishery at risk of a substantial closure with accompanying economic impacts. Incorporating all of the measures accomplishes the goals and objectives of the FMP and minimizes the economic impact on small entities. Retaining the status quo management measures would not slow catch and would result in the fishery having a higher likelihood of closing for an extended period, resulting in greater profit losses to industry and bait shortages to the lobster fishery—both issues the Council sought to avoid by the Framework 4 action.

    Small Entity Compliance Guide

    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, a letter to permit holders that also serves as a small entity compliance guide was prepared. Copies of this final rule are available from the Greater Atlantic Regional Fisheries Office (GARFO), and the compliance guide, i.e., permit holder letter, will be sent to all holders of permits for the skate fishery. The guide and this final rule will be posted or publically available on the GARFO website.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: February 8, 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 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 § 648.322, revise paragraphs (c) through (e), and add paragraphs (f) and (g) to read as follows:
    §  648.322 Skate allocation, possession, and landing provisions.

    (c) Bait Letter of Authorization (LOA). A skate vessel owner or operator under this part may request and receive from the Regional Administrator an exemption from the skate wing possession limit restrictions for a minimum of 7 consecutive days, provided that when the vessel is fishing pursuant to the terms of authorization at least the following requirements and conditions are met:

    (1) The vessel owner or operator obtains and retains onboard the vessel a valid LOA. LOAs are available upon request from the Regional Administrator.

    (2) The vessel owner or operator fishes for, possesses, or lands skates only for use as bait.

    (3) The vessel owner or operator possesses or lands no more than 25,000 lb (11,340 kg) of whole skates per trip during Seasons 1 or 2 and no more than 12,000 lb (5,443 kg) of whole skates per trip during Season 3.

    (4) The vessel owner or operator possesses or lands only whole skates less than 23 inches (58.42 cm) total length, and does not possess or land any skate wings.

    (5) Vessels that choose to possess or land skate wings during the participation period of this letter of authorization must comply with possession limit restrictions under paragraph (b) of this section for all skates or skate parts on board. Vessels possessing skate wings in compliance with the possession limit restrictions under paragraph (b) of this section may fish for, possess, or land skates for uses other than bait.

    (6) The vessel owner or operator complies with the transfer at sea requirements at § 648.13(h).

    (d) In-season adjustment of skate bait possession limits. When the Regional Administrator projects that 90 percent of the skate bait fishery seasonal quota has been landed in Seasons 1 or 2, or 80 percent of the annual skate bait fishery TAL has been landed, the Regional Administrator shall, through a notice in the Federal Register consistent with the Administrative Procedure Act, reduce the skate bait trip limit to 8,000 lb (3,629 kg) of whole skates for the remainder of the quota period, unless such a reduction would be expected to prevent attainment of the seasonal quota or annual TAL.

    (e) In-season closure of skate bait fishery. When the Regional Administrator projects that 100 percent of the skate bait fishery TAL will be landed, the Regional Administrator shall, through a notice in the Federal Register consistent with the Administrative Procedure Act, close the skate bait fishery, unless such a closure would be expected to prevent attainment of the annual TAL. During a skate bait fishery closure all skate bait LOAs as described in paragraph (c) of this section are void. All skates harvested and landed during a skate bait fishery closure will be attributed towards the skate-wing TAL as described in this section.

    (f) Removal of in-season possession limit reductions. If it is determined that an in-season trip limit reduction as described in paragraphs (d) and (e) of this section could prohibit the skate bait fishery from achieving its annual TAL, the in-season possession limit reduction may be removed.

    (g) Prohibitions on possession of skates. A vessel fishing in the EEZ portion of the Skate Management Unit may not:

    (1) Retain, possess, or land barndoor or thorny skates taken in or from the EEZ portion of the Skate Management Unit.

    (2) Retain, possess, or land smooth skates taken in or from the GOM RMA described at § 648.80(a)(1)(i).

    [FR Doc. 2018-02967 Filed 2-12-18; 8:45 am] BILLING CODE 3510-22-P
    83 30 Tuesday, February 13, 2018 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0049; Product Identifier 2017-CE-031-AD] RIN 2120-AA64 Airworthiness Directives; Textron Aviation Inc. Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Proposed rule; correction.

    SUMMARY:

    The FAA is correcting a Notice of Proposed Rulemaking (NPRM) that published in the Federal Register. That NPRM applies to certain Textron Aviation Inc. Models 172N, 172P, 172Q, 172RG, F172N, F172P, FR172K, R172K, 182E, 182F, 182G, 182H, 182J, 182K, 182L, 182M, 182N, 182P, 182Q, 182R, T182, F182P, F182Q, F182RG, R182, TR182, 206, P206/TP206, U206/TU206, 207/T207, 210-5 (205), 210-5A (205A), 210B, 210C, 210D, 210E, 210F, and T210F airplanes. The Docket No. throughout the document is incorrect. This document corrects that error. In all other respects, the original document remains the same.

    DATES:

    The last date for submitting comments to the NPRM (83 FR 4605, February 1, 2018) remains March 19, 2018.

    ADDRESSES:

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

    FOR FURTHER INFORMATION CONTACT:

    Bobbie Kroetch, Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4155; fax: (316) 946-4107; email: [email protected] or [email protected].

    SUPPLEMENTARY INFORMATION:

    Notice of Proposed Rulemaking (NPRM), Product Identifier 2017-CE-031-AD (83 FR 4605, February 1, 2018), proposes to require repetitively inspecting the lower area of the forward cabin doorposts for cracks and repairing any cracks found by modifying the area with the applicable Cessna service kit.

    As published, the Docket No. throughout the document is incorrect.

    No other part of the preamble or regulatory information has been changed; therefore, only the changed portion of the NPRM is being published in the Federal Register.

    The last date for submitting comments to the NPRM remains March 19, 2018.

    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 small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.

    Correction of Non-Regulatory Text

    In the Federal Register of February 1, 2018, Product Identifier 2017-CE-031-AD is corrected as follows:

    On page 4605, in the first column, on line four in the heading, change “Docket No. FAA-2017-0049” to “Docket No. FAA-2018-0049.”

    On page 4605, in the second column, on line four and five under the heading Examining the AD Docket, change “Docket No. FAA-2017-0049” to “Docket No. FAA-2018-0049.”

    On page 4605, in the second column, on line five and six under the heading Comments Invited, change “Docket No. FAA-2017-0049” to “Docket No. FAA-2018-0049.”

    Correction of Regulatory Text
    § 39.13 [Corrected]
    In the Federal Register of February 1, 2018, on page 4606, in the third column, under the heading PART 39 —AIRWORTHINESS DIRECTIVES, paragraph 2., on line four, of Product Identifier 2017-CE-031-AD is corrected to read as follows: Docket No. FAA-2018-0049 Issued in Kansas City, Missouri, on February 7, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
    [FR Doc. 2018-02881 Filed 2-12-18; 8:45 am] BILLING CODE 4910-13-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [EPA-R02-OAR-2017-0723; FRL-9974-27-Region 2] Outer Continental Shelf Air Regulations Update To Include New Jersey State Requirements AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations applying to OCS sources located within 25 miles of states' seaward boundaries which must be promulgated into the regulations and updated periodically to remain consistent with the requirements on the corresponding onshore area (COA), which is typically the state geographically closest to the OCS source. The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the State of New Jersey is the COA. The intended effect of approving the OCS requirements for the State of New Jersey is to regulate emissions from OCS sources in accordance with the requirements onshore. The requirements discussed below are proposed to be incorporated by reference into the Code of Federal Regulations and are listed in the appendix to the OCS air regulations.

    DATES:

    Written comments must be received on or before March 15, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-R02-OAR-2017-0723 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Viorica Petriman, Air Programs Branch, Permitting Section, U.S. Environmental Protection Agency, Region 2, 290 Broadway, New York, New York 10007, (212) 637-4021, [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document, the terms “we,” “us,” and “our” refer to the EPA.

    Table of Contents I. Background Information Why is the EPA taking this action? II. The EPA's Evaluation What criteria were used to evaluate rules submitted to update 40 CFR part 55? III. What action is the EPA proposing to take? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background Information Why is the EPA taking this action?

    On September 4, 1992, EPA promulgated 40 CFR part 55,1 which established requirements to control air pollution from the Outer Continental Shelf (OCS) sources in order to attain and maintain Federal and State ambient air quality standards (AAQS) and to comply with the provisions of part C of title I of the CAA. Part 55 applies to all OCS sources offshore of the states except those located in the Gulf of Mexico west of 87.5 degrees longitude.

    1 The reader may refer to the Proposed Rulemaking, December 5, 1991 (56 FR 63774), and the preamble to the final rule promulgated September 4, 1992 (57 FR 40792) for further background and information on the OCS regulations.

    Section 328(a) of the CAA requires that for such sources located within 25 miles of a State's seaward boundary, the requirements shall be the same as would be applicable if the sources were located in the corresponding onshore area (COA). Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) requires that the EPA update the OCS requirements as necessary to maintain consistency with onshore requirements.

    To comply with this statutory mandate, the EPA must incorporate by reference applicable rules in effect for onshore sources into part 55. This limits EPA's flexibility in deciding which requirements will be incorporated into 40 CFR part 55 and prevents EPA from making substantive changes to the requirements it incorporates. As a result, EPA may be incorporating rules into 40 CFR part 55 that do not conform to all of EPA's state implementation plan (SIP) guidance or certain requirements of the CAA. Inclusion in the OCS rule does not imply that a rule meets the requirements of the CAA for SIP approval, nor does it imply that the rule will be approved by EPA for inclusion in the SIP.

    II. The EPA's Evaluation What criteria were used to evaluate rules to update 40 CFR part 55?

    In updating 40 CFR part 55, the EPA reviewed the New Jersey Department of Environmental Protection (“NJDEP”)'s air rules currently in effect, to ensure that they are rationally related to the attainment or maintenance of Federal and State AAQS or part C of title I of the Act and that they are not designed expressly to prevent exploration and development of the OCS and that they are applicable to OCS sources. 40 CFR 55.1. The EPA has also evaluated the rules to ensure they are not arbitrary and capricious. 40 CFR 55.12(e). The EPA has excluded New Jersey's administrative or procedural rules,2 and requirements that regulate toxics which are not related to the attainment and maintenance of Federal and State AAQS.

    2 Each COA, which has been delegated the authority to implement and enforce part 55, will use its administrative and procedural rules as onshore. However, in those instances where EPA has not delegated authority to implement and enforce part 55, as in New Jersey, EPA will use its own administrative and procedural requirements to implement the substantive requirements. See 40 CFR 55.14(c)(4).

    III. What action is EPA proposing to take?

    To comply with the statutory mandate of Section 328(a)(1) of the CAA, the EPA must incorporate by reference all relevant state rules into part 55 so they can be applied to OCS sources located offshore. 40 CFR 55.12 specifies certain times at which part 55's incorporation by reference of a state's rules must be updated. One such time a consistency update must occur is when any OCS source applicant submits a Notice of Intent (NOI) under 40 CFR 55.4 for a new or a modified OCS source. 40 CFR 55.4(a) requires that any OCS source applicant must submit to EPA a NOI before performing any physical change or change in method of operation that results in an increase in emissions. EPA must conduct any necessary consistency update when it receives an NOI, and prior to receiving any application for a preconstruction permit from the OCS source applicant. 40 CFR 55.6(b)(2) and 55.12(f).

    On December 21, 2017, the EPA received a NOI for a new OCS source off the coast of New Jersey. In today's action, the EPA is proposing to update the “New Jersey” section of Appendix A to 40 CFR part 55 to incorporate by reference the following relevant New Jersey air pollution control rules that are currently in effect:

    Chapter 27 Subchapter 2—Control and Prohibition of Open Burning (Effective 6/20/1994),

    N.J.A.C. 7:27-2.1 through 2.4,7:27-2.6 through 2.8, and 7:27-2.12 through 2.13;

    Chapter 27 Subchapter 3—Control and Prohibition of Smoke from Combustion of Fuel (Effective 2/4/2002);

    Chapter 27 Subchapter 4—Control and Prohibition of Particles from Combustion of Fuel (Effective 4/20/2009);

    Chapter 27 Subchapter 5—Prohibition of Air Pollution (Effective 10/12/1977);

    Chapter 27 Subchapter 6—Control and Prohibition of Particles from Manufacturing Processes (Effective 6/12/1998);

    Chapter 27 Subchapter 7—Sulfur (Effective 11/6/2017), N.J.A.C. 7:27-7.1 and 7.2;

    Chapter 27 Subchapter 8—Permits and Certificates for Minor Facilities (and Major Facilities without an Operating Permit) (Effective 1/16/2018), N.J.A.C. 7:27-8.1 through 8.9, 7:27-8.11 through 8.21, 7:27-8.23 through 8.25, 7:27-8.27, and Appendix 1;

    Chapter 27 Subchapter 9—Sulfur in Fuels (Effective 9/20/2010);

    Chapter 27 Subchapter 10—Sulfur in Solid Fuels (Effective 9/6/2011);

    Chapter 27 Subchapter 11—Incinerators (Effective 5/4/1998);

    Chapter 27 Subchapter 12—Prevention and Control of Air Pollution Emergencies (Effective 5/20/1974);

    Chapter 27 Subchapter 16—Control and Prohibition of Air Pollution by Volatile Organic Compounds (Effective 1/16/2018), N.J.A.C. 7:27-16.1 through 16.10, 7:27-16.12 through 16.13, 7:27-16.16 through 16.23, 7:27-16.27, and Appendix I and II;

    Chapter 27 Subchapter 18—Control and Prohibition of Air Pollution from New or Altered Sources Affecting Ambient Air Quality (Emission Offset Rules) (Effective 11/6/2017);

    Chapter 27 Subchapter 19—Control and Prohibition of Air Pollution from Oxides of Nitrogen (Effective 1/16/2018), N.J.A.C. 7:27-19.1 through 19.8, 7:27-19.11, 7:27-19.13 through 19.21, 7:27-19.23, and 7:27-19.25 through 19.26;

    Chapter 27 Subchapter 20—Used Oil Combustion (Effective 9/6/2011);

    Chapter 27 Subchapter 21—Emission Statements (Effective 1/16/2018);

    Chapter 27 Subchapter 22—Operating Permits (Effective 1/16/2018);

    Chapter 27B Subchapter 1—Sampling and Analytical Procedures for Determining Emissions of Particles from Manufacturing Processes and from Combustion of Fuels (Effective 6/21/1976);

    Chapter 27B Subchapter 2—Procedures for Visual Determination of the Opacity (Percent) and Shade or Appearance (Ringelmann Number) of Emissions from Sources (Effective 6/21/1976); and

    Chapter 27B Subchapter 3—Air Test Method 3: Sampling and Analytical Procedures for the Determination of Volatile Organic Compounds from Source Operations (Effective 12/1/2008).

    IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the NJDEP air rules that are applicable to OCS sources and which are currently in effect. These regulations are described in Section III (“What Action is EPA Proposing to Take?”) of this preamble. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 2 Office. Please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information.

    V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish requirements to control air pollution from OCS sources located within 25 miles of states' seaward boundaries that are the same as onshore air control requirements. To comply with this statutory mandate, the EPA must incorporate applicable onshore rules into part 55 as they exist onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency updates, the EPA's role is to maintain consistency between OCS regulations and the regulations of onshore areas, provided that they meet the criteria of the Clean Air Act. Accordingly, this action simply updates the existing OCS requirements to make them consistent with requirements onshore, without the exercise of any policy discretion by the EPA. For that reason, this proposed action:

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

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

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

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandate Reform Act of 1995 (Pub. L. 04-4);

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

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

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

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

    • Does not provide 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).

    In addition, this proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, nor does it impose substantial direct costs on tribal governments, nor preempt tribal law.

    List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer Continental Shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: January 31, 2018. Peter D. Lopez, Regional Administrator, Region 2.

    For the reasons set out in the preamble, title 40 of the Code of Federal Regulations, part 55, is proposed to be amended as follows:

    PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS 1. The authority citation for 40 CFR part 55 continues to read as follows: Authority:

    Section 328 of the Clean Air Act (42 U.S.C. 7401, et seq.) as amended by Public Law 101-549.

    2. Section 55.14 is amended by revising the sixth sentence in paragraph (e) introductory text and paragraph (e)(15)(i)(A) to read as follows:
    § 55.14 Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State.

    (e) State and local requirements. * * * Copies of rules pertaining to particular states or local areas may be inspected or obtained from the EPA Docket Center—Public Reading Room, EPA West Building, Room 3334 1301 Constitution Avenue NW, Washington, DC 20004 or the appropriate EPA regional offices: U.S. EPA, Region 1 (Massachusetts) One Congress Street, Boston, MA 02114-2023; U.S. EPA, Region 2 (New Jersey and New York), 290 Broadway, New York, NY 10007-1866; U.S. EPA, Region 3 (Delaware), 1650 Arch Street, Philadelphia, PA 19103, (215) 814-5000; U.S. EPA, Region 4 (Florida and North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region 9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S. EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. * * *

    (15) * * *

    (i) * * *

    (A) State of New Jersey Requirements Applicable to OCS Sources, January 16, 2018.

    3. Appendix A to part 55 is amended by revising paragraph (a)(1) under the heading “New Jersey” to read as follows: Appendix A to Part 55—Listing of State and Local Requirements Incorporated By Reference Into 40 CFR Part 55, By State

    NEW JERSEY

    (a) * * *

    (1) The following State of New Jersey requirements are applicable to OCS Sources, as of January 16, 2018. New Jersey State Department of Environmental Protection—New Jersey Administrative Code. The following sections of Title 7:

    Chapter 27 Subchapter 2—Control and Prohibition of Open Burning (Effective 6/20/1994) N.J.A.C. 7:27-2.1. Definitions N.J.A.C. 7:27-2.2. Open burning for salvage operations N.J.A.C. 7:27-2.3. Open burning of refuse N.J.A.C. 7:27-2.4. General provisions N.J.A.C. 7:27-2.6. Prescribed burning N.J.A.C. 7:27-2.7. Emergencies N.J.A.C. 7:27-2.8. Dangerous material N.J.A.C. 7:27-2.12. Special permit N.J.A.C. 7:27-2.13. Fees Chapter 27 Subchapter 3—Control and Prohibition of Smoke From Combustion of Fuel (Effective 2/4/2002) N.J.A.C. 7:27-3.1. Definitions N.J.A.C. 7:27-3.2. Smoke emissions from stationary indirect heat exchangers N.J.A.C. 7:27-3.3. Smoke emissions from marine installations N.J.A.C. 7:27-3.4. Smoke emissions from the combustion of fuel in mobile sources N.J.A.C. 7:27-3.5. Smoke emissions from stationary internal combustion engines and stationary turbine engines N.J.A.C. 7:27-3.6. Stack test N.J.A.C. 7:27-3.7. Exceptions Chapter 27 Subchapter 4—Control and Prohibition of Particles From Combustion of Fuel (Effective 4/20/2009) N.J.A.C. 7:27-4.1. Definitions N.J.A.C. 7:27-4.2. Standards for the emission of particles N.J.A.C. 7:27-4.3. Performance test principle N.J.A.C. 7:27-4.4. Emissions tests N.J.A.C. 7:27-4.6. Exceptions Chapter 27 Subchapter 5—Prohibition of Air Pollution (Effective 10/12/1977) N.J.A.C. 7:27-5.1. Definitions N.J.A.C. 7:27-5.2. General provisions Chapter 27 Subchapter 6—Control and Prohibition of Particles From Manufacturing Processes (Effective 6/12/1998) N.J.A.C. 7:27-6.1. Definitions N.J.A.C. 7:27-6.2. Standards for the emission of particles N.J.A.C. 7:27-6.3. Performance test principles N.J.A.C. 7:27-6.4. Emissions tests N.J.A.C. 7:27-6.5. Variances N.J.A.C. 7:27-6.7. Exceptions Chapter 27 Subchapter 7—Sulfur (Effective 11/6/2017) N.J.A.C. 7:27-7.1. Definitions N.J.A.C. 7:27-7.2. Control and prohibition of air pollution from sulfur compounds Chapter 27 Subchapter 8—Permits and Certificates for Minor Facilities (and Major Facilities Without an Operating Permit) (Effective 1/16/2018) N.J.A.C. 7:27-8.1. Definitions N.J.A.C. 7:27-8.2. Applicability N.J.A.C. 7:27-8.3. General provisions N.J.A.C. 7:27-8.4. How to apply, register, submit a notice, or renew N.J.A.C. 7:27-8.5. Air quality impact analysis N.J.A.C. 7:27-8.6. Service fees N.J.A.C. 7:27-8.7. Operating certificates N.J.A.C. 7:27-8.8. General permits N.J.A.C. 7:27-8.9. Environmental improvement pilot tests N.J.A.C. 7:27-8.11. Standards for issuing a permit N.J.A.C. 7:27-8.12. State of the art N.J.A.C. 7:27-8.13. Conditions of approval N.J.A.C. 7:27-8.14. Denials N.J.A.C. 7:27-8.15. Reporting requirements N.J.A.C. 7:27-8.16. Revocation N.J.A.C. 7:27-8.17. Changes to existing permits and certificates N.J.A.C. 7:27-8.18. Permit revisions N.J.A.C. 7:27-8.19. Compliance plan changes N.J.A.C. 7:27-8.20. Seven-day notice changes N.J.A.C. 7:27-8.21. Amendments N.J.A.C. 7:27-8.23. Reconstruction N.J.A.C. 7:27-8.24. Special provisions for construction but not operation N.J.A.C. 7:27-8.25. Special provisions for pollution control equipment or pollution prevention process modifications N.J.A.C. 7:27-8.27. Special facility-wide permit provisions Appendix 1 Chapter 27 Subchapter 9—Sulfur in Fuels (Effective 9/20/2010) N.J.A.C. 7:27-9.1. Definitions N.J.A.C. 7:27-9.2. Sulfur content standards N.J.A.C. 7:27-9.3. Exemptions N.J.A.C. 7:27-9.4. Waiver of air quality modeling Chapter 27 Subchapter 10—Sulfur in Solid Fuels (Effective 9/6/2011) N.J.A.C. 7:27-10.1. Definitions N.J.A.C. 7:27-10.2. Sulfur contents standards N.J.A.C. 7:27-10.3. Expansion, reconstruction or construction of solid fuel burning units N.J.A.C. 7:27-10.4. Exemptions N.J.A.C. 7:27-10.5. SO2 emission rate determinations Chapter 27 Subchapter 11—Incinerators (Effective 5/4/1998) N.J.A.C. 7:27-11.1. Definitions N.J.A.C. 7:27-11.2. Construction standards N.J.A.C. 7:27-11.3. Emission standards N.J.A.C. 7:27-11.4. Permit to construct; certificate to operate N.J.A.C. 7:27-11.5. Operation N.J.A.C. 7:27-11.6. Exceptions Chapter 27 Subchapter 12—Prevention and Control of Air Pollution Emergencies (Effective 5/20/1974) N.J.A.C. 7:27-12.1. Definitions N.J.A.C. 7:27-12.2. Emergency criteria N.J.A.C. 7:27-12.3. Criteria for emergency termination N.J.A.C. 7:27-12.4. Standby plans N.J.A.C. 7:27-12.5. Standby orders Table I Emission Reduction Objectives Table II Emission Reduction Objectives Table III Emission Reduction Objectives Chapter 27 Subchapter 16—Control and Prohibition of Air Pollution by Volatile Organic Compounds (Effective 1/16/2018) N.J.A.C. 7:27-16.1. Definitions N.J.A.C. 7:27-16.1A. Purpose, scope, applicability, and severability N.J.A.C. 7:27-16.2. VOC stationary storage tanks N.J.A.C. 7:27-16.3. Gasoline transfer operations N.J.A.C. 7:27-16.4. VOC transfer operations, other than gasoline N.J.A.C. 7:27-16.5. Marine tank vessel loading and ballasting operations N.J.A.C. 7:27-16.6. Open top tanks and solvent cleaning operations N.J.A.C. 7:27-16.7. Surface coating and graphic arts operations N.J.A.C. 7:27-16.8. Boilers N.J.A.C. 7:27-16.9. Stationary combustion turbines N.J.A.C. 7:27-16.10. Stationary reciprocating engines N.J.A.C. 7:27-16.12. Surface coating operations at mobile equipment repair and refinishing facilities N.J.A.C. 7:27-16.13. Flares N.J.A.C. 7:27-16.16. Other source operations N.J.A.C. 7:27-16.17. Alternative and facility-specific VOC control requirements N.J.A.C. 7:27-16.18. Leak detection and repair N.J.A.C. 7:27-16.19. Application of cutback and emulsified asphalts N.J.A.C. 7:27-16.21. Natural gas pipelines N.J.A.C. 7:27-16.22. Emission information, record keeping and testing N.J.A.C. 7:27-16.23. Procedures for demonstrating compliance N.J.A.C. 7:27-16.27. Exceptions Appendix I Appendix II Chapter 27 Subchapter 18—Control and Prohibition of Air Pollution From New or Altered Sources Affecting Ambient Air Quality (Emission Offset Rules) (Effective 11/6/2017) N.J.A.C. 7:27-18.1. Definitions N.J.A.C. 7:27-18.2. Facilities subject to this subchapter N.J.A.C. 7:27-18.3. Standards for issuance of permits N.J.A.C. 7:27-18.4. Air quality impact analysis N.J.A.C. 7:27-18.5. Standards for use of emission reductions as emission offsets N.J.A.C. 7:27-18.6. Emission offset postponement N.J.A.C. 7:27-18.7. Determination of a net emission increase or a significant net emission increase N.J.A.C. 7:27-18.8. Banking of emission reductions N.J.A.C. 7:27-18.9. Secondary emissions N.J.A.C. 7:27-18.10. Exemptions N.J.A.C. 7:27-18.12. Civil or criminal penalties for failure to comply Chapter 27 Subchapter 19—Control and Prohibition of Air Pollution from Oxides of Nitrogen (Effective 1/16/2018) N.J.A.C. 7:27-19.1. Definitions N.J.A.C. 7:27-19.2. Purpose, scope and applicability N.J.A.C. 7:27-19.3. General provisions N.J.A.C. 7:27-19.4. Boilers serving electric generating units N.J.A.C. 7:27-19.5. Stationary combustion turbines N.J.A.C. 7:27-19.6. Emissions averaging N.J.A.C. 7:27-19.7. Industrial/commercial/institutional boilers and other indirect heat exchangers N.J.A.C. 7:27-19.8. Stationary reciprocating engines N.J.A.C. 7:27-19.11. Emergency generators—recordkeeping N.J.A.C. 7:27-19.13. Alternative and facility-specific NOX emission limits N.J.A.C. 7:27-19.14. Procedures for obtaining approvals under this subchapter N.J.A.C. 7:27-19.15. Procedures and deadlines for demonstrating compliance N.J.A.C. 7:27-19.16. Adjusting combustion processes N.J.A.C. 7:27-19.17. Source emissions testing N.J.A.C. 7:27-19.18. Continuous emissions monitoring N.J.A.C. 7:27-19.19. Recordkeeping and recording N.J.A.C. 7:27-19.20. Fuel switching N.J.A.C. 7:27-19.21. Phased compliance—repowering N.J.A.C. 7:27-19.23. Phased compliance—use of innovative control technology N.J.A.C. 7:27-19.25. Exemption for emergency use of fuel oil N.J.A.C. 7:27-19.26. Penalties Chapter 27 Subchapter 20—Used Oil Combustion (Effective 9/6/2011) N.J.A.C. 7:27-20.1. Definitions N.J.A.C. 7:27-20.2. General provisions N.J.A.C. 7:27-20.3. Burning of on-specification used oil in space heaters covered by a registration N.J.A.C. 7:27-20.4. Burning of on-specification used oil in space heaters covered by a permit N.J.A.C. 7:27-20.5. Demonstration that used oil is on-specification N.J.A.C. 7:27-20.6. Burning of on-specification oil in other combustion units N.J.A.C. 7:27-20.7. Burning of off-specification used oil N.J.A.C. 7:27-20.8. Ash standard N.J.A.C. 7:27-20.9. Exception Chapter 27 Subchapter 21—Emission Statements (Effective 1/16/2018) N.J.A.C. 7:27-21.1. Definitions N.J.A.C. 7:27-21.2. Applicability N.J.A.C. 7:27-21.3. General provisions N.J.A.C. 7:27-21.4. Procedures for submitting an emission statement N.J.A.C. 7:27-21.5. Required contents of an emission statement N.J.A.C. 7:27-21.6. Methods to be used for quantifying actual emissions N.J.A.C. 7:27-21.7. Recordkeeping requirements N.J.A.C. 7:27-21.8. Certification of information N.J.A.C. 7:27-21.9. Request for extensions N.J.A.C. 7:27-21.10. Determination of non-applicability N.J.A.C. 7:27-21.11. Severability Appendix 1 Chapter 27 Subchapter 22—Operating Permits (Effective 1/16/2018) N.J.A.C. 7:27-22.1. Definitions N.J.A.C. 7:27-22.2. Applicability N.J.A.C. 7:27-22.3. General provisions N.J.A.C. 7:27-22.4. General application procedures N.J.A.C. 7:27-22.5. Application procedures for initial operating permits N.J.A.C. 7:27-22.6. Operating permit application contents N.J.A.C. 7:27-22.7. Application shield N.J.A.C. 7:27-22.8. Air quality simulation modeling and risk assessment N.J.A.C. 7:27-22.9. Compliance plans N.J.A.C. 7:27-22.10. Completeness reviews N.J.A.C. 7:27-22.11. Public comment N.J.A.C. 7:27-22.12. EPA comment N.J.A.C. 7:27-22.13. Final action on an application N.J.A.C. 7:27-22.14. General operating permits N.J.A.C. 7:27-22.15. Temporary facility operating permits N.J.A.C. 7:27-22.16. Operating permit contents N.J.A.C. 7:27-22.17. Permit shield N.J.A.C. 7:27-22.18. Source emissions testing and monitoring N.J.A.C. 7:27-22.19. Recordkeeping, reporting and compliance certification N.J.A.C. 7:27-22.20. Administrative amendments N.J.A.C. 7:27-22.21. Changes to insignificant source operations N.J.A.C. 7:27-22.22. Seven-day-notice changes N.J.A.C. 7:27-22.23. Minor modifications N.J.A.C. 7:27-22.24. Significant modifications N.J.A.C. 7:27-22.24A. Reconstruction N.J.A.C. 7:27-22.25. Department initiated operating permit modifications N.J.A.C. 7:27-22.26. MACT and GACT standards N.J.A.C. 7:27-22.27. Operating scenarios N.J.A.C. 7:27-22.28A. Emissions trading N.J.A.C. 7:27-22.28B. Facility-specific emissions averaging programs N.J.A.C. 7:27-22.29. Facilities subject to acid deposition control N.J.A.C. 7:27-22.30. Renewals N.J.A.C. 7:27-22.31. Fees N.J.A.C. 7:27-22.32. Hearings and appeals N.J.A.C. 7:27-22.33. Preconstruction review N.J.A.C. 7:27-22.34. Early reduction of HAP emissions N.J.A.C. 7:27-22.35. Advances in the art of air pollution Appendix Table A Chapter 27B Subchapter 1—Sampling and Analytical Procedures for Determining Emissions of Particles from Manufacturing Processes and from Combustion of Fuels (Effective 6/21/1976) N.J.A.C. 7:27B-1.1. Definitions N.J.A.C. 7:27B-1.2. Acceptable test methods N.J.A.C. 7:27B-1.3. Operating conditions during the test N.J.A.C. 7:27B-1.4. Sampling facilities to be provided by the person responsible for emissions N.J.A.C. 7:27B-1.5. Sampling train N.J.A.C. 7:27B-1.6. Performance test principle N.J.A.C. 7:27B-1.7. General testing requirements N.J.A.C. 7:27B-1.8. Required test data N.J.A.C. 7:27B-1.9. Preparation for sampling N.J.A.C. 7:27B-1.10. Sampling N.J.A.C. 7:27B-1.11. Sample recovery N.J.A.C. 7:27B-1.12. Analysis N.J.A.C. 7:27B-1.13. Calculations N.J.A.C. 7:27B-1.14. Validation of test Chapter 27B Subchapter 2—Procedures for Visual Determination of the Opacity (Percent) and Shade or Appearance (Ringelmann Number) of Emissions from Sources (Effective 6/21/1976) N.J.A.C. 7:27B-2.1. Definitions N.J.A.C. 7:27B-2.2. Acceptable observation methods N.J.A.C. 7:27B-2.3. Observation principle N.J.A.C. 7:27B-2.4. General observation requirements N.J.A.C. 7:27B-2.5. Required observation data N.J.A.C. 7:27B-2.6. Certification References Appendix Chapter 27B Subchapter 3—Air Test Method 3: Sampling and Analytical Procedures for the Determination of Volatile Organic Compounds from Source Operations (Effective 12/1/2008) N.J.A.C. 7:27B-3.1. Definitions N.J.A.C. 7:27B-3.2. Sampling and analytical protocol: acceptable test methods N.J.A.C. 7:27B-3.3. Operating conditions during the test N.J.A.C. 7:27B-3.4. Sampling facilities N.J.A.C. 7:27B-3.5. Source operations and applicable test methods N.J.A.C. 7:27B-3.6. Procedures for the determinations of vapor pressures of a single known VOC or mixtures of known and/or unknown VOC N.J.A.C. 7:27B-3.7. Procedures for the direct measurement of volatile organic compounds using a flame ionization detector (FID), a photoionization detector (PID) or a non-dispersive infrared analyzer (NDIR) N.J.A.C. 7:27B-3.8. Procedures for the direct measurement of volatile organic compounds using a gas chromatograph (GC) with a flame ionization detector (FID) or other suitable detector N.J.A.C. 7:27B-3.9. Procedures for the sampling and remote analysis of known volatile organic compounds using a gas chromatograph (GC) with a flame ionization detector (FID) or other suitable detector N.J.A.C. 7:27B-3.10. Procedures for the determination of volatile organic compounds in surface coating formulations N.J.A.C. 7:27B-3.11. Procedures for the determination of volatile organic compounds emitted from transfer operations using a flame ionization detector (FID) or non-dispersive infrared analyzer (NDIR) N.J.A.C. 7:27B-3.12. Procedures for the determination of volatile organic compounds in cutback and emulsified asphalts N.J.A.C. 7:27B-3.13. Procedures for the determination of leak tightness of gasoline delivery vessels N.J.A.C. 7:27B-3.14. Procedures for the direct detection of fugitive volatile organic compound leaks N.J.A.C. 7:27B-3.15. Procedures for the direct detection of fugitive volatile organic compound leaks from gasoline tank trucks and vapor collection systems using a combustible gas detector N.J.A.C. 7:27B-3.18. Test methods and sources incorporated by reference.
    [FR Doc. 2018-02815 Filed 2-12-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 73 [AU Docket No. 17-143; DA 18-91] Auction of Cross-Service FM Translator Construction Permits Scheduled for May 15, 2018; Comment Sought on Competitive Bidding Procedures for Auction 99 AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule; proposed auction procedures.

    SUMMARY:

    The Wireless Telecommunications and Media Bureaus (the Bureaus) announce an auction of certain cross-service FM translator construction permits. This document also seeks comment on competitive bidding procedures and proposed minimum opening bids for Auction 99.

    DATES:

    Comments are due on or before February 13, 2018, and reply comments are due on or before February 21, 2018. Bidding for FM translator construction permits in Auction 99 is scheduled to begin on May 15, 2018.

    ADDRESSES:

    Interested parties may submit comments in response to the Auction 99 Comment Public Notice by any of the following methods:

    FCC's website: Federal Communication Commission's Electronic Comment Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments.

    Mail: FCC Headquarters, 445 12th Street SW, Room TW-A325, Washington, DC 20554.

    People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, or audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

    For detailed instructions for submitting comments, see the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    For auction legal questions, Lynne Milne in the Wireless Telecommunications Bureau's Auctions and Spectrum Access Division at (202) 418-0660. For general auction questions, the Auctions Hotline at (717) 338-2868. For FM translator service questions, James Bradshaw, Lisa Scanlan or Tom Nessinger in the Media Bureau's Audio Division at (202) 418-2700.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Auction 99 Comment Public Notice in AU Docket No. 17-143, DA 18-91, released on January 31, 2018. The complete text of this document, including its attachment, is available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW, Room CY-A257, Washington, DC 20554. The Auction 99 Comment Public Notice and related documents also are available on the internet at the Commission's website: http://wireless.fcc.gov/auctions/99/, or by using the search function for AU Docket No. 17-143 on the Commission's ECFS web page at http://www.fcc.gov/cgb/ecfs/.

    All filings in response to the Auction 99 Comment Public Notice must refer to AU Docket No.17-143. The Bureaus strongly encourage interested parties to file comments electronically, and request that an additional copy of all comments and reply comments be submitted electronically to the following address: [email protected]

    Electronic Filers: Comments may be filed electronically using the internet by accessing ECFS: http://apps.fcc.gov/ecfs. Follow the instructions for submitting comments.

    Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. 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 (FCC). All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to the FCC Headquarters at 445 12th Street SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. Eastern Time (ET). All hand deliveries must be held together with rubber bands or fasteners. Any envelope or box 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.

    I. Introduction

    1. On June 1, 2017, the Bureaus announced an auction filing window for AM broadcasters seeking new cross-service FM translator station construction permits. By this Public Notice, the Bureaus announce an auction of certain cross-service FM translator construction permits and seek comment on the procedures to be used for this auction, designated as Auction 99. Bidding in this auction is scheduled to commence on May 15, 2018. Auction 99 will be a closed auction: Only those entities listed in Attachment A of the Auction 99 Comment Public Notice will be eligible to participate further in Auction 99.

    II. Construction Permits in Auction 99

    2. Auction 99 will resolve mutually exclusive (MX) applications for construction permits for commercial cross-service FM translator stations. Competitive bidding will be used to select winning bidders for up to 12 new cross-service FM translator permits. A list of the locations and channels of these proposed stations is included in Attachment A of the Auction 99 Comment Public Notice. Attachment A also listed a proposed minimum opening bid and a proposed upfront payment amount for each construction permit.

    3. An applicant listed in Attachment A may become qualified to bid only if it meets the additional filing, qualification, payment and other applicable rules, policies and procedures. Each qualified bidder may become eligible to bid on only those construction permits specified for that applicant in Attachment A to the Auction 99 Comment Public Notice. Each of the engineering proposals within each MX group are directly mutually exclusive with one another; therefore, no more than one construction permit will be awarded for each MX group identified in Attachment A. Under the Commission's established precedent, because mutual exclusivity exists for auction purposes, once mutually exclusive applications are accepted, even if only one applicant for a particular construction permit becomes qualified to bid, that applicant must submit a bid in order to be eligible to obtain that construction permit.

    III. Processing of Short-Form Applications (FCC FORM 175) and Minor Corrections A. Initial Review of FCC Form 175

    4. The Bureaus will process all timely submitted Forms 175 to determine which are complete, and subsequently will issue a public notice identifying those that are complete and those that are incomplete or deficient because of minor defects that may be corrected. That public notice will provide instructions for applicants to make only minor corrections to their Forms 175. The public notice will include a deadline for resubmitting corrected Forms 175.

    B. Updates to Auction Applications Outside of Filing Windows

    5. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in its pending short-form application. See also 47 CFR 1.2105(b)(4), (c).

    6. If information needs to be submitted pursuant to sections 1.65 or 1.2105 outside of the upcoming resubmission window in Auction 99, the applicant must submit a letter briefly summarizing the changes by email to [email protected] Such email must include a subject or caption referring to Auction 99 and the name of the applicant. If any information needs to be submitted during the upcoming resubmission window pursuant to sections 1.65 or 1.2105, that information must be submitted within an applicant's Form 175.

    IV. Bureau Seeks Comment on Procedures for Auction Applications

    7. The Bureaus seek comment on whether our application of certain aspects of the current rules governing auctions should be modified to implement our prior decision to allow eligible AM licensees having any of the same controlling interests in common to file separate Forms 175, rather than a single Form 175, as is currently required. In recognition of the specific eligibility provisions and filing procedures for this auction window, the Bureaus waived, for Auction 99, section 1.2105(a)(3)'s prohibition on the filing of more than one Form 175 in an auction by entities with any of the same controlling interests. Thus, the Bureaus permitted entities controlled by the same individual or set of individuals to file separate Forms 175 for Auction 99.

    8. The prohibition on the filing of more than one Form 175 in an auction by entities with any of the same controlling interests was adopted in 2015 in conjunction with other rule changes. Under section 1.2105(a), as revised in 2015, each auction applicant must certify that it has disclosed any arrangements or understandings of any kind relating to the licenses being auctioned to which it (or any party that controls or is controlled by it) is a party, and must certify that it (or any party that controls or is controlled by it) has not entered and will not enter any arrangement or understanding of any kind relating directly or indirectly to bidding at auction with any other applicant for the auction, among others. In 2015, the Commission also revised the rule prohibiting certain communications, section 1.2105(c), to prohibit a communication of bids or bidding strategies between any applicants in an auction, and thus the prohibition is no longer limited to a communication between applicants that had applied for construction permits to serve the same area. In addition, the revisions to that rule removed a prior exception to section 1.2105(c) under which applicants that had entered into bidding-related agreements could engage in certain communications so long as each entity had disclosed the other as a party to such an agreement on its auction application pursuant to section 1.2105(a)(2)(viii). For purposes of section 1.2105(c), an applicant is defined as including all officers and directors of the entity submitting a Form 175, all controlling interests of that entity, as well as all holders of partnership and other ownership interests and any stock interest amounting to 10 percent or more of the entity, or outstanding stock, or outstanding voting stock of the entity submitting a Form 175. In applying the prohibited communication rule, the Bureaus have found that, where an individual served as an officer and director for two or more applicants subject to the rule, the bids and bidding strategies of one applicant are presumptively conveyed to the other applicant. Consequently, the Bureaus determined that, absent a disclosed bidding agreement between such applicants creating an applicable exception under the prior rule, an apparent violation of section 1.2105(c) would occur.

    9. Finally, in a change related to the prohibition on joint bidding agreements and the changes to the prohibited communication rule, revised section 1.2105(a)(2)(iii) now prohibits any individual from serving as an authorized bidder of more than one applicant.

    10. In the event that Auction 99 applicants under common control may have filed separate Forms 175 pursuant to the Bureaus' waiver of section 1.2105(a)(3), such applicants could be at risk of violating section 1.2105(c) because the Commission presumes that bidding strategies are communicated between entities that share a common officer or director. Moreover, current rules bar most kinds of joint bidding agreements that may have, under the prior rule, permitted certain communications between commonly controlled entities or other auction applicants under the former rules.

    11. Accordingly, the Bureaus seek comment on whether it would be appropriate to waive or modify the application of section 1.2105 provisions so that Auction 99 applicants relying on the waiver of section 1.2105(a)(3) will not thereby violate such other provisions. With respect to a communication between commonly owned applicants, this auction appears analogous to the circumstances of Auction 1001, the reverse auction portion of the broadcast incentive auction. In that case, as here, applicants to participate in the auction were limited to specified current licensees of the Commission. Consequently, it was clear that multiple applicants would be commonly controlled.

    12. With respect to implementing the commonly controlled applicant exception in the broadcast incentive auction, the Commission provided that the prohibition did not apply to a communication between different applicants if they share a common controlling interest, director, officer, or governing board member as of the deadline for submitting applications to participate in the reverse auction. The Commission expressly noted that an applicant's communication would not qualify for this exception based on a new director, officer or governing board member added after the application deadline. According to the Commission, if a covered licensee were to appoint a new officer after the broadcast incentive auction application deadline, that new officer would be subject to the rule and not included within the exception.

    13. In this auction, when applying the Commission's general competitive bidding rules, do the limitations on eligibility to bid on specific permits in this closed auction similarly provide good cause to waive section 1.2105(c) for communications between commonly controlled applicants consistent with the exception provided for in the broadcast incentive auction? Do other factors demonstrate good cause for such relief, or some other form of relief? Commenters are encouraged to identify circumstances of this auction that should guide us in developing application procedures under the current competitive bidding rules, including specific aspects of the auction application process and processing procedures, the nature of the permits to be awarded, or other relevant considerations.

    V. Bureaus Seek Comment on Bidding Procedures

    14. The Bureaus, under delegated authority, seek comment on a variety of auction-specific procedures prior to the start of bidding in Auction 99.

    A. Auction Structure

    15. Simultaneous Multiple Round Auction Design. The Bureaus propose using the Commission's standard simultaneous multiple-round auction format for Auction 99. This type of auction offers every construction permit for bid at the same time and consists of successive bidding rounds in which eligible bidders may place bids on individual construction permits. Typically, bidding remains open on all construction permits until bidding stops on every construction permit. The Bureaus seek comment on this proposal.

    16. Bidding Rounds. Auction 99 will consist of sequential bidding rounds, each followed by the release of round results. The Commission will conduct Auction 99 over the internet using the FCC auction bidding system. Bidders will also have the option of placing bids by telephone through a dedicated auction bidder line.

    17. The Bureaus propose to retain the discretion to change the bidding schedule in order to foster an auction pace that reasonably balances speed with the bidders' need to study round results and adjust their bidding strategies. Under this proposal, the Bureaus may change the amount of time for the bidding rounds, the amount of time between rounds, or the number of rounds per day, depending upon bidding activity and other factors. The Bureaus seek comment on this proposal. Commenters on this issue should address the role of the bidding schedule in managing the pace of the auction, specifically discussing the tradeoffs in managing auction pace by bidding schedule changes, by changing the activity requirements or bid amount parameters, or by using other means.

    18. Stopping Rule. To complete the auction within a reasonable time, the Bureaus propose to employ a simultaneous stopping rule approach for Auction 99, which means all construction permits remain available for bidding until bidding stops on every construction permit. Specifically, bidding would close on all construction permits after the first round in which no bidder submits any new bids, no bidder applies a proactive waiver, or, if bid withdrawals are permitted in this auction, no bidder withdraws any provisionally winning bid which is a bid that would become a final winning bid if the auction were to close in that given round. Thus, unless the Bureaus announce alternative procedures, bidding would remain open on all construction permits until bidding stops on every construction permit. Consequently, it is not possible to determine in advance how long the bidding in this auction will last.

    19. Further, the Bureaus propose to retain the discretion to exercise any of the following options during Auction 99. (1) Use a modified version of the simultaneous stopping rule that would close the auction for all construction permits after the first round in which no bidder applies a waiver, no bidder withdraws a provisionally winning bid (if withdrawals are permitted in this auction), or no bidder places any new bid on a construction permit for which it is not the provisionally winning bidder, which means that, absent any other bidding activity, a bidder placing a new bid on a construction permit for which it is the provisionally winning bidder would not keep the auction open under this modified stopping rule. (2) Use a modified version of the simultaneous stopping rule that would close the auction for all construction permits after the first round in which no bidder applies a waiver, no bidder withdraws a provisionally winning bid (if withdrawals are permitted in this auction), or no bidder places any new bid on a construction permit that already has a provisionally winning bid, which means that, absent any other bidding activity, a bidder placing a new bid on an FCC-held construction permit (a construction permit that does not already have a provisionally winning bid) would not keep the auction open under this modified stopping rule. (3) Use a modified version of the simultaneous stopping rule that combines options (1) and (2). (4) The auction would close after a specified number of additional rounds (special stopping rule) to be announced by the Bureaus. If the Bureaus invoke this special stopping rule, they will accept bids in the specified final round(s), after which the auction will close. (5) The auction would remain open even if no bidder places any new bid, applies a waiver, or withdraws any provisionally winning bid (if withdrawals are permitted in this auction). In this event, the effect will be the same as if a bidder had applied a waiver. The activity rule will apply as usual, and a bidder with insufficient activity will either lose bidding eligibility or use a waiver.

    20. The Bureaus propose to exercise these options only in certain circumstances, for example, where the auction is proceeding unusually slowly or quickly, there is minimal overall bidding activity, or it appears likely that the auction will not close within a reasonable period of time or will close prematurely. Before exercising these options, the Bureaus are likely to attempt to change the pace of the auction. For example, the Bureaus may adjust the pace of bidding by changing the number of bidding rounds per day and/or the minimum acceptable bids. The Bureaus proposed to retain the discretion to exercise any of these options with or without prior announcement during the auction. The Bureaus seek comment on these proposals.

    21. Auction Delay, Suspension or Cancellation. Pursuant to 47 CFR 1.2104(i), the Bureaus propose that they may delay, suspend, or cancel bidding in Auction 99 in the event of a natural disaster, technical obstacle, administrative or weather necessity, evidence of an auction security breach or unlawful bidding activity, or for any other reason that affects the fair and efficient conduct of competitive bidding. The Bureaus would notify participants of any such delay, suspension or cancellation by public notice and/or through the FCC auction bidding system's announcement function. If bidding is delayed or suspended, the Bureaus may, in their sole discretion, elect to resume the auction starting from the beginning of the current round or from some previous round, or cancel the auction in its entirety. Network interruption may cause the Bureaus to delay or suspend the auction. The Bureaus emphasized that they will exercise this authority solely at their discretion, and not as a substitute for situations in which bidders may wish to apply activity rule waivers. The Bureaus seek comment on this proposal.

    B. Auction Procedures

    22. Upfront Payments and Bidding Eligibility. The Bureaus have delegated authority and discretion to determine an appropriate upfront payment for each construction permit being auctioned, taking into account such factors as the efficiency of the auction process and the potential value of similar construction permits. The upfront payment is a refundable deposit made by an applicant to establish eligibility to bid on construction permits. Upfront payments that are related to the specific construction permits being auctioned protect against frivolous or insincere bidding and provide the Commission with a source of funds from which to collect payments owed at the close of bidding. With these considerations in mind, the Bureaus proposed the upfront payments set forth in Attachment A of the Auction 99 Comment Public Notice. The Bureaus seek comment on the upfront payments specified in this Attachment A.

    23. The Bureaus further propose that the amount of the upfront payment submitted by a bidder will determine its initial bidding eligibility in bidding units. The Bureaus propose to assign each construction permit a specific number of bidding units, equal to one bidding unit per dollar of the upfront payment listed in Attachment A of the Auction 99 Comment Public Notice. The number of bidding units for a given construction permit is fixed and does not change during the auction as prices change. If an applicant is found to be qualified to bid on more than one permit in Auction 99, such a bidder may place bids on multiple construction permits, provided that the total number of bidding units associated with those construction permits does not exceed the bidder's current eligibility. A bidder cannot increase its eligibility during the auction; it can only maintain its eligibility or decrease its eligibility. Thus, in calculating its upfront payment amount and hence its initial bidding eligibility, an applicant must determine the maximum number of bidding units on which it may wish to bid (or hold provisionally winning bids) in any single round, and submit an upfront payment amount covering that total number of bidding units. The Bureaus request comment on these proposals.

    24. Activity Rule. In order to ensure that the auction closes within a reasonable period of time, an activity rule requires bidders to bid actively throughout the auction, rather than wait until late in the auction before participating. The Bureaus propose a single stage auction with the following activity requirement: In each round of the auction, a bidder desiring to maintain its current bidding eligibility is required to be active on 100 percent of its bidding eligibility. A bidder's activity in a round will be the sum of the bidding units associated with any construction permits upon which it places bids during the current round and the bidding units associated with any construction permits for which it holds provisionally winning bids. Failure to maintain the requisite activity level would result in the use of an activity rule waiver, if any, or a reduction in the bidder's eligibility, possibly curtailing or eliminating the bidder's ability to place additional bids in the auction. The Bureaus seek comment on this proposal.

    25. Activity Rule Waivers and Reducing Eligibility. When a bidder's activity in the current round is below the required minimum level, it may preserve its current level of eligibility through an activity rule waiver, if available. An activity rule waiver applies to an entire round of bidding, not to a particular construction permit. Activity rule waivers can be either proactive or automatic. Activity rule waivers are principally a mechanism for a bidder to avoid the loss of bidding eligibility in the event that exigent circumstances prevent it from bidding in a particular round.

    26. The FCC auction bidding system will assume that a bidder that does not meet the activity requirement would prefer to use an activity rule waiver (if available) rather than lose bidding eligibility. Therefore, the system will automatically apply a waiver at the end of any bidding round in which a bidder's activity is below the minimum required unless (1) the bidder has no activity rule waivers remaining or (2) the bidder overrides the automatic application of a waiver by reducing eligibility, thereby meeting the activity requirement. If a bidder has no waivers remaining and does not satisfy the required activity level, the bidder's current eligibility will be permanently reduced, possibly curtailing or eliminating the ability to place additional bids in the auction.

    27. A bidder with insufficient activity may wish to reduce its bidding eligibility rather than use an activity rule waiver. If so, the bidder must affirmatively override the automatic waiver mechanism during the bidding round by using the reduce eligibility function in the FCC auction bidding system. In this case, the bidder's eligibility would be permanently reduced to bring it into compliance with the specified activity requirement. Reducing eligibility is an irreversible action; once eligibility has been reduced, a bidder cannot regain its lost bidding eligibility.

    28. Under the proposed simultaneous stopping rule, a bidder may apply an activity rule waiver proactively as a means to keep the auction open without placing a bid. If a bidder proactively were to apply an activity rule waiver (using the proactive waiver function in the FCC auction bidding system) during a bidding round in which no bids are placed or withdrawn (if bid withdrawals are permitted in this auction), the auction would remain open and the bidder's eligibility would be preserved. An automatic waiver applied by the FCC auction bidding system in a round in which there are no new bid, no bid withdrawal (if bid withdrawals are permitted in this auction), or no proactive waiver will not keep the auction open. The Bureaus propose that each bidder in Auction 99 be provided with three activity rule waivers that may be used at the bidder's discretion during the course of the auction. The Bureaus seek comment on this proposal.

    29. Reserve Price or Minimum Opening Bids. Normally, a reserve price is an absolute minimum price below which a construction permit or license will not be sold in a given auction. The Bureaus did not propose to establish separate reserve prices for the Auction 99 construction permits.

    30. A minimum opening bid is the minimum bid price set at the beginning of the auction below which no bids are accepted. Because it is an effective tool for accelerating the competitive bidding process, the Bureaus propose minimum opening bid amounts for Auction 99 determined by taking into account the type of service and class of facility offered, market size, population covered by the proposed broadcast facility, and recent broadcast transaction data. Attachment A of the Auction 99 Comment Public Notice lists a proposed minimum opening bid amount for each construction permit available in Auction 99. The Bureaus seek comment on the minimum opening bid amounts specified in Attachment A of the Auction 99 Comment Public Notice.

    31. If commenters believe that these minimum opening bid amounts will result in unsold construction permits, are not reasonable amounts, or should instead operate as reserve prices, they should explain why this is so and comment on the desirability of an alternative approach. The Bureaus ask commenters to support their claims with valuation analyses and suggested amounts or formulas for reserve prices or minimum opening bids. In establishing the minimum opening bid amounts, the Bureaus particularly seek comment on factors that could reasonably have an impact on bidders' valuation of the broadcast spectrum, including the type of service offered, market size, population covered by the proposed broadcast facility, and any other relevant factors.

    32. Bid Amounts. The Bureaus propose that, if the bidder has sufficient eligibility to place a bid on a particular construction permit in a round, an eligible bidder will be able to place a bid on that construction permit in any of up to nine different amounts. Under this proposal, the FCC auction bidding system interface will list the acceptable bid amounts for each construction permit.

    33. The first of the acceptable bid amounts is called the minimum acceptable bid amount. The minimum acceptable bid amount for a construction permit will be equal to its minimum opening bid amount until there is a provisionally winning bid for the construction permit. After there is a provisionally winning bid for a construction permit, the minimum acceptable bid amount will be a certain percentage higher. The percentage used for this calculation, the minimum acceptable bid increment percentage, is multiplied by the provisionally winning bid amount, and the resulting amount is added to the provisionally winning bid amount. If, for example, the minimum acceptable bid increment percentage is 10 percent, then the provisionally winning bid amount is multiplied by 10 percent. The result of that calculation is added to the provisionally winning bid amount, and that sum is rounded using the Commission's standard rounding procedure for auctions. If bid withdrawals are permitted in this auction, in the case of a construction permit for which the provisionally winning bid has been withdrawn, the minimum acceptable bid amount will equal the second highest bid received for the construction permit.

    34. The FCC will calculate the eight additional bid amounts using the minimum acceptable bid amount and an additional bid increment percentage. The minimum acceptable bid amount is multiplied by the additional bid increment percentage, and that result, rounded, is the additional increment amount. The first additional acceptable bid amount equals the minimum acceptable bid amount plus the additional increment amount. The second additional acceptable bid amount equals the minimum acceptable bid amount plus two times the additional increment amount; the third additional acceptable bid amount is the minimum acceptable bid amount plus three times the additional increment amount; etc. If, for example, the additional bid increment percentage is 5 percent, then the calculation of the additional increment amount is (minimum acceptable bid amount) * (0.05), rounded. The first additional acceptable bid amount equals (minimum acceptable bid amount) + (additional increment amount); the second additional acceptable bid amount equals (minimum acceptable bid amount) + (2 * (additional increment amount)); the third additional acceptable bid amount equals (minimum acceptable bid amount) + (3 * (additional increment amount)); etc. The Bureaus will round the results using the Commission's standard rounding procedures for auctions.

    35. For Auction 99, the Bureaus propose to use a minimum acceptable bid increment percentage of 10 percent. This means that the minimum acceptable bid amount for a construction permit will be approximately 10 percent greater than the provisionally winning bid amount for the construction permit. To calculate the additional acceptable bid amounts, the Bureaus propose to use an additional bid increment percentage of 5 percent. The Bureaus seek comment on these proposals.

    36. The Bureaus propose to retain the discretion to change the minimum acceptable bid amounts, the minimum acceptable bid increment percentage, the additional bid increment percentage, and the number of acceptable bid amounts if the Bureaus determine that circumstances so dictate. Further, the Bureaus retain the discretion to do so on a construction-permit-by-construction-permit basis. The Bureaus also propose to retain the discretion to limit (a) the amount by which a minimum acceptable bid for a construction permit may increase compared with the corresponding provisionally winning bid, and (b) the amount by which an additional bid amount may increase compared with the immediately preceding acceptable bid amount. For example, the Bureaus could set a $1,000 limit on increases in minimum acceptable bid amounts over provisionally winning bids. Thus, if calculating a minimum acceptable bid using the minimum acceptable bid increment percentage results in a minimum acceptable bid amount that is $1,200 higher than the provisionally winning bid on a construction permit, the minimum acceptable bid amount would instead be capped at $1,000 above the provisionally winning bid. The Bureaus seek comment on the circumstances under which the Bureaus should employ such a limit, factors the Bureaus should consider when determining the dollar amount of the limit, and the tradeoffs in setting such a limit or changing other parameters, such as changing the minimum acceptable bid percentage, the bid increment percentage, or the number of acceptable bid amounts. If the Bureaus exercise this discretion, they will alert bidders by announcement in the FCC auction bidding system during the auction. The Bureaus seek comment on these proposals.

    37. Provisionally Winning Bids. Provisionally winning bids are bids that would become winning bids if the auction were to close in that given round. At the end of each bidding round, the FCC auction bidding system will determine a provisionally winning bid for each construction permit based on the highest bid amount received for that permit. A provisionally winning bid will remain the provisionally winning bid until there is a higher bid on the same construction permit at the close of a subsequent round. Provisionally winning bids become the winning bid at the end of the auction.

    38. The auction bidding system assigns a random number to each bid when the bid is entered. If identical high bid amounts are submitted on a construction permit in any given round (i.e., tied bids), the FCC auction bidding system will use a pseudo-random number generator to select a single provisionally winning bid from among the tied bids. The tied bid with the highest random number wins the tiebreaker and becomes the provisionally winning bid. The remaining bidders, as well as the provisionally winning bidder, can submit higher bids in subsequent rounds. However, if the auction were to close with no other bids being placed, the winning bidder would be the one that placed the provisionally winning bid. If the construction permit receives any bids in a subsequent round, the provisionally winning bid again will be determined by the highest bid amount received for the construction permit.

    39. A provisionally winning bid will be retained until there is a higher bid on the construction permit at the close of a subsequent round, unless the provisionally winning bid is withdrawn (if bid withdrawals are permitted in this auction). As a reminder, provisionally winning bids count toward a bidder's activity level for purposes of the activity rule.

    40. Bid Removal and Bid Withdrawal. The FCC auction bidding system allows each bidder to remove any of the bids it placed in a round before the close of that round. By removing a bid placed within a round, a bidder effectively unsubmits the bid. In contrast to the bid withdrawal provisions, a bidder removing a bid placed in the same round is not subject to a withdrawal payment. Once a round closes, a bidder is no longer permitted to remove a bid.

    41. The Bureaus seek comment on whether bid withdrawals should be permitted in Auction 99. When permitted in an auction, bid withdrawals provide a bidder with the option of withdrawing bids placed in prior rounds that have become provisionally winning bids. A bidder would be able to withdraw its provisionally winning bids using the withdraw function in the FCC auction bidding system. A bidder that withdraws its provisionally winning bid(s), if permitted in this auction, is subject to the bid withdrawal payment provisions of 47 CFR 1.2104(g) and 1.2109.

    42. Based on the nature of the permits available in Auction 99 and on the experience of the Bureaus with past auctions of broadcast construction permits, the Bureaus propose to prohibit bidders from withdrawing any bid after the close of the round in which the bid was placed. The Bureaus made this proposal in light of the site- and applicant-specific nature and wide geographic dispersion of the permits available in this closed auction, which suggests that potential applicants for this auction will have limited opportunity to aggregate construction permits through the auction process because of the closed MX groups previously established. Thus, the Bureaus believe that it is unlikely that bidders will have a need to withdraw bids in this auction. Also, allowing bid withdrawals may encourage insincere bidding or increase opportunities for anti-competitive bidding in certain circumstances. The Bureaus also remain mindful that bid withdrawals, particularly those made late in this auction, could result in delays in licensing new FM translator stations and attendant delays in the offering of new broadcast service to the public. The Bureaus seek comment on their proposal to prohibit bid withdrawals in Auction 99.

    C. Post-Auction Payments

    43. Interim Withdrawal Payment Percentage. A bidder that withdraws a bid during an auction is subject to a withdrawal payment equal to the difference between the amount of the withdrawn bid and the amount of the winning bid in the same or a subsequent auction. However, if a construction permit for which a bid has been withdrawn does not receive a subsequent higher bid or winning bid in the same auction, the FCC cannot calculate the final withdrawal payment until that construction permit receives a higher bid or winning bid in a subsequent auction. In such cases, when that final withdrawal payment cannot yet be calculated, the FCC imposes on the bidder responsible for the withdrawn bid an interim bid withdrawal payment, which will be applied toward any final bid withdrawal payment that is ultimately assessed.

    44. Pursuant to 47 CFR 1.2104(g)(1), the amount of the interim bid withdrawal payment may range from 3 to 20 percent of the withdrawn bid amount. If bid withdrawals are allowed in Auction 99, the Bureaus propose that the interim bid withdrawal payment be 20 percent of the withdrawn bid. The Bureaus request comment on using 20 percent for calculating an interim bid withdrawal payment amount in Auction 99. Commenters advocating the use of bid withdrawals in Auction 99 should also address the percentage of the interim bid withdrawal payment.

    45. Additional Default Payment Percentage. Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment by the specified deadline, fails to submit a timely long-form application, fails to make full and timely final payment, or is otherwise disqualified) is liable for a default payment under 47 CFR 1.2104(g)(2). This default payment consists of a deficiency payment equal to the difference between the amount of the Auction 99 bidder's winning bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less. Based on the nature of the service and the construction permits being offered, the Bureaus propose for Auction 99 an additional default payment of 20 percent of the relevant bid. The Bureaus seek comment on this proposal.

    VI. Procedural Matters A. Supplemental Initial Regulatory Flexibility Analysis

    46. As required by the Regulatory Flexibility Act of 1980 as amended (RFA), 5 U.S.C. 603, the Bureaus have prepared this Supplemental Initial Regulatory Flexibility Analysis (Supplemental IRFA) of the possible significant economic impact on small entities of the policies and rules addressed in the Public Notice to supplement the Commission's Initial and Final Regulatory Flexibility Analyses completed in the Broadcast First Report and Order and multiple other Commission rulemaking orders pursuant to which Auction 99 will be conducted. Written public comments are requested on this Supplemental IRFA. Comments must be identified as responses to the Supplemental IRFA and must be filed by the same filing deadline for comments specified on the first page of the Auction 99 Comment Public Notice. The Commission will send a copy of the Public Notice, including this Supplemental IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).

    47. Need for, and Objectives of, the Proposed Rules. The Auction 99 Comment Public Notice seeks comment on proposed procedures to govern Auction 99, an auction of up to 12 cross-service FM translator construction permits. To promote the efficient and fair administration of the competitive bidding process for all Auction 99 participants, the Bureaus seek comment on the following: (1) Application of the current rules prohibiting certain communications between auction applicants and the related prohibition on joint bidding arrangements to implement the Bureaus' prior decision to allow eligible AM licensees having any of the same controlling interest in common to file separate Forms 175, rather than a single Form 175; (2) Use of a simultaneous multiple-round auction format, consisting of sequential bidding rounds with a simultaneous stopping rule (with discretion by the Bureaus to exercise alternative stopping rules under certain circumstances); (3) A specific minimum opening bid amount for each construction permit available in Auction 99; (4) A specific upfront payment amount for each construction permit; (5) Establishment of a bidder's initial bidding eligibility in bidding units based on that bidder's upfront payment through assignment of a specific number of bidding units for each construction permit; (6) Use of an activity rule that would require bidders to bid actively during the auction rather than waiting until late in the auction before participating; (7) A single stage auction in which a bidder is required to be active on 100 percent of its bidding eligibility in each round of the auction; (8) Provision of three activity rule waivers for each bidder to allow it to preserve bidding eligibility during the course of the auction; (9) Use of minimum acceptable bid amounts and additional acceptable increments, along with a proposed methodology for calculating such amounts, with the Bureaus retaining discretion to change their methodology if circumstances dictate; (10) A procedure for breaking ties if identical high bid amounts are submitted on a permit in a given round; (11) Bid removal procedures; (12) Whether to permit bid withdrawals; (13) Establishment of an interim bid withdrawal percentage of 20 percent of the withdrawn bid in the event the Bureaus allow bid withdrawals in Auction 99; and (14) Establishment of an additional default payment of 20 percent under 47 CFR 1.2104(g)(2) in the event that a winning bidder defaults or is disqualified after the auction.

    48. Legal Basis. The Commission's statutory obligations to small businesses under the Communications Act of 1934, as amended, are found in 47 U.S.C. 309(j)(3)(B) and 309(j)(4)(D). The statutory basis for the Commission's competitive bidding rules is found in various provisions of the Communications Act of 1934, as amended, including 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), 303(r), 304, 307, and 309(i). The Commission has established a framework of competitive bidding rules pursuant to which it has conducted auctions since the inception of the auction program in 1994 and would conduct Auction 99. The Commission has directed the Bureaus, under delegated authority, to seek comment on a variety of auction-specific procedures prior to the start of bidding in each auction.

    49. 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 government jurisdiction. In addition, the term small business has the same meaning as the term small business concern under the Small Business Act, 15 U.S.C. 632. 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 Small Business Administration (SBA).

    50. Radio Stations. This Economic Census category comprises establishments primarily engaged in broadcasting aural programs by radio to the public. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has established a small business size standard for this category as firms having $38.5 million or less in annual receipts. Economic Census data for 2012 shows that 2,849 radio station firms operated during that year. Of that number, 2,806 firms operated with annual receipts of less than $25 million per year, 17 with annual receipts between $25 million and $49,999,999 million and 26 with annual receipts of $50 million or more. Therefore, based on the SBA's size standard the majority of such entities are small entities.

    51. According to Commission staff review of the BIA/Kelsey, LLC's Media Access Pro Radio Database as of January 30, 2018, about 11,261 (or about 99.92 percent) of 11,270 commercial radio stations had revenues of $38.5 million or less and thus qualify as small entities under the SBA definition. The Bureaus note, however, that the SBA size standard data does not enable the Bureaus to make a meaningful estimate of the number of small entities who may participate in Auction 99. There are a maximum of 26 entities that may become qualified bidders in Auction 99, in which applicant eligibility is closed. The specific procedures and minimum opening bid amounts on which comment is sought in the Auction 99 Comment Public Notice will affect directly all applicants participating in Auction 99.

    52. In addition, the Bureaus note that they are unable to accurately develop an estimate of how many of these 26 entities are small businesses based on the number of small entities that applied to participate in prior broadcast auctions, because that information is not collected from applicants for broadcast auctions in which bidding credits are not based on an applicant's size (as is the case in auctions of licenses for wireless services). Potential eligible bidders in Auction 99 may include existing holders of broadcast station construction permits or licenses. In 2013, the Commission estimated that 97 percent of radio broadcasters met the SBA's prior definition of small business concern, based on annual revenues of $7 million. The SBA has since increased that revenue threshold to $38.5 million, which suggests that an even greater percentage of radio broadcasters would fall within the SBA's definition. Based on Commission data 4,635 (99.94%) of 4,638 a.m. radio stations have revenue of $38.5 million or less. Accordingly, based on this data, the Bureaus conclude that the majority of Auction 99 eligible bidders will likely meet the SBA's definition of a small business concern.

    53. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities. The Commission designed the auction application process itself to minimize reporting and compliance requirements for applicants, including small business applicants. In the first part of the Commission's two-phased auction application process, parties desiring to participate in an auction file streamlined, short-form applications in which they certify under penalty of perjury as to their qualifications. Eligibility to participate in bidding is based on an applicant's short-form application and certifications, as well as its upfront payment. In the second phase of the process, winning bidders file a more comprehensive long-form application. Thus, a small business which fails to become a winning bidder does not need to file a long-form application and provide the additional showings and more detailed demonstrations required of a winning bidder.

    54. Steps Taken to Minimize the Significant Economic 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 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 such small entities.

    55. The Commission has taken steps to minimize any economic impact of its auction procedures on small businesses through among other things, the many resources it provides potential auction participants. Small entities and other auction participants may seek clarification of or guidance on complying with competitive bidding rules and procedures, reporting requirements, and the FCC's auction system. An FCC Auctions Hotline provides access to Commission staff for information about the auction process and procedures. The FCC Auctions Technical Support Hotline is another resource which provides technical assistance to applicants, including small business entities, on issues such as access to or navigation within the electronic FCC Form 175 and use of the FCC's auction system. Small entities may also utilize the web-based, interactive online tutorial produced by Commission staff for each auction to familiarize themselves with auction procedures, filing requirements, bidding procedures and other matters related to an auction. The Bureaus also make various databases and other sources of information, including the Media Bureau's Consolidated Database System, the Auctions program websites, and copies of Commission decisions, available to the public without charge, providing a low-cost mechanism for small businesses to conduct research prior to and throughout the auction. Prior to and at the close of Auction 99, the Bureaus will post public notices on the Auctions website, which articulate the procedures and deadlines. The Bureaus make this information easily accessible and without charge to benefit all Auction 99 applicants, including small businesses, thereby lowering their administrative costs to comply with the Commission's competitive bidding rules.

    56. Prior to the start of bidding in each auction, eligible bidders are given an opportunity to become familiar with auction procedures and the bidding system by participating in a mock auction. Further, the Commission intends to conduct Auction 99 electronically over the internet using its web-based auction system that eliminates the need for bidders to be physically present in a specific location. Qualified bidders also have the option to place bids by telephone. These mechanisms are made available to facilitate participation in Auction 99 by all eligible bidders, and may result in significant cost savings for small business entities who utilize these alternatives. Moreover, the adoption of bidding procedures in advance of the auction, consistent with statutory directive, is designed to ensure that the auction will be administered predictably and fairly for all participants, including small businesses.

    57. These proposed procedures for the conduct of Auction 99 constitute the more specific implementation of the competitive bidding rules contemplated by Parts 1 and 73 of the Commission's rules and the underlying rulemaking orders, including the Broadcast First Report and Order and relevant competitive bidding orders, and are fully consistent therewith.

    58. Federal Rules that May Duplicate, Overlap or Conflict with the Proposed Rules. None.

    B. Ex Parte Rules

    59. This proceeding has been designated as a permit-but-disclose proceeding in accordance with the Commission's ex parte rules. While additional information is provided in the Auction 99 Comment Public Notice on these reporting requirements, participants in Auction 99 should familiarize themselves with the Commission's ex parte rules.

    Federal Communications Commission. Gary D. Michaels, Deputy Chief, Auctions and Spectrum Access Division, WTB.
    [FR Doc. 2018-03025 Filed 2-12-18; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA-2018-0009] Removing Regulatory Barriers for Vehicles With Automated Driving Systems AGENCY:

    National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT).

    ACTION:

    Request for comment; public meeting.

    SUMMARY:

    NHTSA is announcing a public meeting as part of the Agency's effort to seek public comments to identify any regulatory barriers in the existing Federal Motor Vehicle Safety Standards (FMVSS) to the testing, compliance certification, and compliance verification of vehicles with Automated Driving Systems (ADSs) and certain unconventional interior designs. The Agency published a Federal Register Notice of Request for Comments (RFC) titled Removing Regulatory Barriers for Vehicles with Automated Driving Systems on January 18, 2018, that included specific questions for which the Agency seeks comment (83 FR 2607, Docket No. NHTSA-2018-0009). NHTSA is holding this public meeting to present to the public a summary of the RFC and activities underway at NHTSA and across the industry regarding the identification and removal of barriers that might impede safe deployment of ADSs. This material is intended to better inform the public as they prepare comments in response to the RFC. Public comments are welcome at this meeting, but all should be oral, and any supporting presentations or materials should be submitted to the docket for consideration.

    DATES:

    NHTSA will hold the public meeting on March 6, 2018, in Washington, DC. The meeting will start at 10 a.m. and continue until 3:30 p.m., EST. Check-in (through security) will begin at 9 a.m. Attendees should arrive early enough to enable them to go through security by 9:50 a.m.

    ADDRESSES:

    The meeting will be held at the U.S. Department of Transportation headquarters building located at 1200 New Jersey Avenue SE, Washington, DC 20590 (Green Line Metro Station at Navy Yard) in the Conference Center. This facility is accessible to individuals with disabilities. The meeting will also be webcast live, and a link to the actual webcast will be available on NHTSA's technical ADSs website https://www.nhtsa.gov/manufacturers/automated-driving-systems.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about the public meeting, please contact us at [email protected] or Debbie Sweet at [email protected], 202-366-7179.

    SUPPLEMENTARY INFORMATION:

    Registration is encouraged for all attendees. Attendees should register at https://www.surveymonkey.com/r/NHTSABarriers by March 2, 2018. Please provide name, affiliation, and email, indicate if you wish to offer remarks (speaking would be limited to 10 minutes per person), and please indicate whether you are requesting specific accommodations. Space is limited, so advanced registration is encouraged.

    Although attendees will be given the opportunity to offer comments, the Agency is limiting comments to oral only. We may not be able to accommodate all attendees who wish to make oral comments and will arrange the speakers on a first-come, first-served basis. However, if time does not allow for all comments during the meeting, comments may be submitted to the docket and will carry the same weight during review and analysis.

    Should it be necessary to cancel the meeting due to inclement weather or other emergency, NHTSA will take all available measures to notify registered participants.

    NHTSA will conduct the public meeting informally, and technical rules of evidence will not apply. We will arrange for a written transcript of the meeting and keep the official record open for 30 days after the meeting to allow submission of supplemental information. You may make arrangements for copies of the transcripts directly with the court reporter, and the transcript will also be posted in the docket when it becomes available. The webcast will be recorded and posted to the NHTSA website as well.

    Written Comments: Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public meeting. Please submit all written comments no later than April 5, 2018, by any of the following methods:

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

    Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

    Hand Delivery or Courier: 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. EST, Monday through Friday, except Federal Holidays.

    Fax: 202-366-1767.

    Instructions: All submissions must include the agency name and docket number. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act discussion below.

    Docket: For access to the docket go to http://www.regulations.gov at any time or to 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Telephone: 202-366-9826.

    Privacy Act: Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or you may visit http://www.regulations.gov/privacyNotice.

    Confidential Business Information: If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information to the Chief Counsel, NHTSA, at the address given under FOR FURTHER INFORMATION CONTACT. In addition, you should submit two copies from which you have deleted the claimed confidential business information, to Docket Management at the address given above. When you send a comment containing information claimed to be confidential business information, you should submit a cover letter setting forth the information specified in our confidential business information regulation (49 CFR part 512).

    Background: NHTSA wants to avoid impeding progress with unnecessary or unintended regulatory barriers to motor vehicles that have Automated Driving Systems (ADSs) and unconventional designs, especially those with unconventional interior designs. To enable vehicles with ADSs and with unconventional interiors while maintaining those existing safety requirements that will be needed and appropriate for those vehicles, NHTSA is developing plans and proposals for removing or modifying existing regulatory barriers to testing and compliance certification in those areas for which existing data and knowledge are sufficient to support decision-making. In other areas, plans and proposals cannot be developed until the completion of near-term research to determine how to revise the test procedures for those vehicles.

    Part of NHTSA's responsibility in carrying out its safety mission is not only to develop and set new safety standards for new motor vehicles and motor vehicle equipment, but also to modify existing standards as necessary to respond to changing circumstances such as the introduction of new technologies. Examples of previous technological transitions that triggered the need to adapt and/or replace requirements in the FMVSS include the replacing of analog dashboards by digital ones, the replacing of mechanical control systems by electronic ones, and the first production of electric vehicles in appreciable numbers. The existing FMVSS can be found in the Code of Federal Regulations at 49 CFR part 571.

    Almost all of NHTSA's FMVSS were developed and established well before ADS vehicles became a practicable possibility. As a result, the minimum performance requirements and test procedures in many of the FMVSS are based on assumptions about drivers occupying and controlling the vehicle. If a vehicle is designed so that only an ADS can control it rather than the human driver, and vehicle designers modify the passenger compartment, then many of the original assumptions will likely be invalid for that vehicle, and some may be problematic from a testing perspective.

    Meeting and Draft Agenda: This public meeting is being held during the open comment period. The meeting is intended to present information regarding the RFC, questions of interest, activities within NHTSA with respect to barrier removal and activities external to NHTSA regarding barrier removal. This information will in turn provide more thorough background for those submitting comments to the RFC. Following presentations by NHTSA and various stakeholders, the public will have an opportunity to provide remarks. Individuals who register to speak at the Public Meeting will have 10 minutes to present oral remarks to NHTSA staff. Clarification questions may be asked of the presenters. Those registered to provide remarks will have the first opportunity to speak. The meeting agenda follows:

    9:00-9:55 a.m.—Arrival/Check-In 9:55-10:00 a.m.—Meeting Logistics 10:00-10:05 a.m.—Welcome Remarks 10:05-10:20 a.m.—NHTSA Remark Regarding RFC 10:20-10:50 a.m.—Presentation of NHTSA/VTTI Research 10:50-11:00 a.m.—Questions for NHTSA/VTTI 11:00-11:50 a.m.—Presentation of Industry Activities 11:50 a.m.-12:00 p.m.—Questions for Industry 12:00-1:00 p.m.—Lunch 1:00-2:15 p.m.—Comments from Registered Attendees 2:15-2:30 p.m.—Break 2:30-3:30 p.m.—Comments from Registered Attendees

    Specific Guiding Questions: To help guide NHTSA's research to address testing and self-certification issues, we seek comments on the topics below (the same questions as presented in the Request for Comments). The Agency urges that, where possible, comments be supported by data and analysis to increase their usefulness. Please clearly indicate the source of such data.

    A. Barriers to Testing, Certification, and Compliance Verification

    1. What are the different categories of barriers that the FMVSS potentially create to the testing, certification and compliance verification of a new ADS vehicle lacking manual driving controls? Examples of barrier categories include the following:

    a. Test procedures that cannot be conducted for vehicles with ADSs and with innovative interior designs; and

    b. performance requirements that may serve a reduced safety purpose or even no safety purpose at all for vehicles with ADSs and thus potentially impose more cost and more restrictions on design than are warranted.

    The first of the above categories is the primary focus of this document. However, the Agency seeks comments on both categories of barriers. If you believe that there are still other barrier categories, please identify them.

    2. NHTSA requests comments on the statement made in NHTSA's February 2016 letter of interpretation to Google: That if a FMVSS lacks a test procedure that is suitable for the Agency's use in verifying a manufacturer's certification of compliance with a provision in that FMVSS, the manufacturer cannot validly certify the compliance of its vehicles with that provision. Do commenters agree that each of the standards identified in the letter as needing to be amended before manufacturers can certify compliance with it must be amended in order to permit certification? Why or why not? If there are other solutions, please describe them.

    3. Do you agree (or disagree) that the FMVSS provisions identified in the Volpe report or Google letter as posing barriers to testing and certification are, in fact, barriers? Please explain why.

    4. Do commenters think there are FMVSS provisions that pose barriers to testing and certification of innovative new vehicle designs, but were not covered in the Volpe report or Google letter? If so, what are they, how do they pose barriers, and how do you believe NHTSA should consider addressing them?

    5. Are there ways to solve the problems that may be posed by any of these FMVSS provisions without conducting additional research? If so, what are they and why do you believe that no further research is necessary? For example, can some apparent problems be solved through interpretation? If so, which ones?

    6. Similarly, are there ways to solve the problems that may be posed by any of these FMVSS provisions without rulemaking? For example, can some apparent problems be solved through interpretation without either additional research or through rulemaking? If so, which ones?

    7. In contrast, if a commenter believes that legislation might be necessary to enable NHTSA to remove a barrier identified by the commenter, please explain why, and please identify the specific existing law that the commenter thinks should be changed and describe how it should be changed. If there are associated regulations that the commenter believes should be changed, please identify the specific CFR citation and explain why they need to be changed.

    8. Many FMVSS contain test procedures that are based on the assumed presence of a human driver and will therefore likely need to be amended to accommodate vehicles that cannot be driven by humans. Other FMVSS test procedures may seem, based on a plain reading of their language, to accommodate vehicles that cannot be driven by humans, but it may nevertheless be unclear how NHTSA (or a manufacturer attempting to self-certify to the test) would instruct the vehicle to perform the test as written.

    a. Do commenters believe that these procedures should apply to a vehicle that cannot be driven by a human? If so, why? If there are data to support this position, please provide it.

    b. If not, can NHTSA test in some other manner? Please identify the alternative manner and explain why it would be appropriate.

    9. What research would be necessary to determine how to instruct a vehicle with an ADS, but without manual means of control, to follow a driving test procedure? Is it possible to develop a single approach to inputting these “instructions” in a manner applicable to all vehicle designs and all FMVSS, or will the approach need to vary? If so, why and how? If commenters believe there is a risk of gaming, what would that risk be and how could it be reduced or prevented?

    10. In lieu of the approaches suggested in questions 8 and 9, is there an alternative means of demonstrating equivalent level of safety that is reliable, objective and practicable?

    11. For FMVSS that include test procedures that assume a human driver is seated in a certain seating position (for example, procedures that assess whether a rearview mirror provides an image in the correct location), should NHTSA simply amend the FMVSS to require, for instance, that “driver's seat” requirements apply to any front seating position? If so, please explain why. If not, what research would need to be conducted to determine how NHTSA should amend those requirements?

    12. A variety of FMVSS require safety-related dashboard telltales and other displays, if provided, to be visible to a human driver and controls to be within reach of that driver. Generally speaking, is there a safety need for the telltales and other displays in Table 1 and 2 of FMVSS No. 101 to be visible to any of the occupants in vehicles without manual driving controls? Commenters are requested to provide their own list of the telltales and other displays they believe are most relevant to meeting any potential safety need in those vehicles. For each item on that list, please answer the following questions:

    a. Should the telltale or other display be required to be visible to one or more vehicle occupants in vehicles without manual driving controls?

    b. If there is a need for continued visibility, to the occupant(s) of which seating position(s) should the telltale or other display be visible?

    c. Does the answer to the question about the continued need for a telltale or other display to be visible to the occupant of a vehicle without manual driving controls change if a manufacturer equips the vehicle with a device like an “emergency stop button”? Why or why not?

    d. Would the informational safety needs of the occupants of vehicles with ADSs differ depending on whether the vehicle has a full set of manual driving controls, just an emergency stop button, or no controls whatsoever?

    e. Conversely, if a vehicle is designed such that it can be driven only by an ADS, does the ADS need to be provided with some or all the same information currently required to be provided for a human driver? For example, does the ADS need to know if the tires are underinflated? Why or why not?

    f. If commenters believe that it would enhance safety if a vehicle's ADS were required to receive information similar to some or all of that currently required to be provided to human drivers by telltales and other displays, what research needs to be conducted to develop the kinds of objective and practicable performance requirements or test procedures that would enable manufacturers and the Agency to evaluate whether that information was provided to and understood by the ADS?

    13. If NHTSA is going to conduct research to determine whether there is any safety need for the occupants of fully self-driving vehicles to continue to have any access to any of the non-driving controls (e.g., controls for windshield washer/wiper system, turn signals, and lights) in a vehicle without manual driving controls, what should that research include and how should NHTSA conduct it?

    a. If there is a safety need for the occupants of fully self-driving vehicles to have access to any of the existing vehicle non-driving controls, please identify those controls and explain the safety need.

    b. Do commenters believe that research should be conducted to determine whether any additional controls (such as an emergency stop button) might be necessary for safety or public acceptance if manual driving controls are removed from fully-self-driving vehicles? Why or why not, and what is the basis for your belief?

    c. If NHTSA is going to conduct research to determine whether there is any safety need for the occupants of fully self-driving vehicles to continue to be able to control exterior lighting like turn signals and headlamp beam switching devices, what should that research include and how should NHTSA conduct it? Separately, if NHTSA is going to conduct research on what exterior lighting continues to be needed for safety when a human is not driving, what should that research include and how should NHTSA conduct it?

    14. If NHTSA is going to conduct research to determine whether there is a safety need for the occupants of vehicles with ADSs, but without manual driving controls, to be able to see to the side and behind those vehicles using mirrors or cameras, what should that research include and how should NHTSA conduct it? Separately, if NHTSA is going to conduct research to determine how NHTSA would test the ability of a vehicle's ADS to “see” around and behind the vehicle as well as (or better than) a human driver would, what should that research include and how should NHTSA conduct it?

    15. Do the FMVSS create testing and certification issues for vehicles with ADSs other than those discussed above? If so, which FMVSS do so and why do you believe they present such issues? For example, FMVSS No. 108, “Lamps, reflective devices, and associated equipment,” could potentially pose obstacles to certifying the compliance of a vehicle that uses exterior lighting and messaging, through words or symbols, to communicate to nearby pedestrians, cyclists, and motorists, such as at a 4-way stop intersection, the vehicle's awareness of their presence and the vehicle's willingness to cede priority of movement to any of those people. If research is needed to eliminate the barriers in an appropriate way, please describe the research and explain why it is needed. Are there other lighting issues that should be considered? For example, what lighting will be needed to ensure the proper functioning of the different types of vehicle sensors, especially cameras whose functions include reading traffic control signs?

    16. If occupants of vehicles with ADSs, especially those without manual driving controls, are less likely to sit in what is now called the driver's seating position or are less likely to sit in seats that are facing forward, how should these factors affect existing requirements for crashworthiness safety features?

    17. If vehicles with ADSs have emergency controls that can be accessed through unconventional means, such as a smart phone or multi-purpose display and have unconventional interiors, how should the Agency address those controls?

    18. Are there any specific regulatory barriers related to small businesses that NHTSA should consider, specifically those that may help facilitate small business participation in this emerging technology?

    B. Research Needed To Address Those Barriers and NHTSA's Role in Conducting It

    19. For issues about FMVSS barriers that NHTSA needs research to resolve, do commenters believe that there are specific items that would be better addressed through research by outside stakeholders, such as industry or research organizations, instead of by NHTSA itself?

    a. Which issues is industry better equipped to undertake on its own, and why? Which issues are research organizations or other stakeholders better equipped to undertake on their own, and why?

    b. What research is needed to determine which types of safety performance metrics should be used to evaluate a particular safety capability and to develop a test procedure for evaluating how well a vehicle performs in terms of those metrics?

    c. Which questions is NHTSA better equipped to undertake and why? For example, would NHTSA, as the regulator, be the more appropriate party to conduct research needed to determine what performance threshold to require vehicles to meet with respect to that metric? Why or why not?

    d. What research has industry, research organizations, and other stakeholders done related to barriers to testing and certification? What research are they planning to do? With respect to research planned but not yet completed, please identify the research and state the expected starting and end dates for that research.

    e. How can NHTSA, industry, states, research organizations, and other stakeholders work together to ensure that, if the research on these issues were eventually to lead to rulemaking, it is done with the rigor and thoroughness that NHTSA would need to meet its statutory obligations, regardless of who performs it (e.g., done in a manner that enables the Agency to ensure that FMVSS are and remain objective and practicable, and continue to meet the need for safety)?

    20. For the issues identified above or by commenters, which merit the most attention? How should the Agency prioritize its research and any follow-on rulemakings to remove the barriers to testing and certification?

    21. Correcting barriers associated with the track testing of motor vehicles will be particularly challenging. Examples of such barriers follow:

    a. FMVSS No. 126 specifies the use of an automated steering machine that depends on a vehicle's steering wheel to steer vehicles when they are tested for compliance. NHTSA will need to determine how to amend the standard to enable the Agency to conduct stability control testing in vehicles that lack a steering wheel. Further, if NHTSA is going to conduct research to consider how to change the “sine with dwell” test procedure for FMVSS No. 126 so that steering wheel angle need not be measured at the steering wheel in determining compliance with the standard, what should that research include and how should NHTSA conduct it?

    b. If NHTSA is going to conduct research to develop a performance test to verify how a vehicle is activating its service brakes, what should that research include and how should NHTSA conduct it? If NHTSA is going to conduct research to determine whether there continues to be a safety need to maintain a human-operable service brake, what should that research include and how should NHTSA conduct it?

    22. Are there industry standards, existing or in development, that may be suitable for incorporation by reference by NHTSA in accordance with the standards provisions of the National Technology Transfer and Advancement Act of 1995 and Office of Management and Budget Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and Conformity Assessment Activities?”

    Issued in Washington, DC, under authority delegated by 49 CFR 1.95.

    Nathaniel Beuse, Associate Administrator for Vehicle Safety Research.
    [FR Doc. 2018-02895 Filed 2-12-18; 8:45 am] BILLING CODE 4910-59-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.: 180110024-8024-01] RIN 0648-BH33 Fisheries of the Northeastern United States; Special Management Zones for 13 New Jersey Artificial Reefs AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes management measures to implement special management zones for 13 New Jersey artificial reefs under the black sea bass provisions of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. The implementing regulations for the special management zones require NMFS to publish proposed measures to provide an opportunity for public comment. The intent of these measures is to reduce user group conflicts and help maintain the intended socioeconomic benefits of the artificial reefs to the maximum extent practicable.

    DATES:

    Comments must be received by March 15, 2018.

    ADDRESSES:

    NMFS prepared a draft environmental assessment (EA) and an Initial Regulatory Flexibility Analysis (IRFA) for this action that describe the proposed measures and other considered alternatives and analyzes of the impacts of the proposed measures and alternatives. Copies of the the draft EA and the IRFA are available upon request from Travis Ford, NOAA/NMFS, Sustainable Fisheries Division, 55 Great Republic Drive, Gloucester, MA 01930. The special management zone measures document is also accessible via the internet at: https://www.greateratlantic.fisheries.noaa.gov/.

    You may submit comments on this document, identified by NOAA-NMFS-2017-0150, by either of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0150, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, “Comments on New Jersey Special Management Zones Designation.”

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are 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).

    FOR FURTHER INFORMATION CONTACT:

    Travis Ford, Fishery Policy Analyst, 978-281-9233.

    SUPPLEMENTARY INFORMATION: Background

    The New Jersey Department of Environmental Protection (NJDEP) has requested and the Mid-Atlantic Fishery Management Council has recommended that NMFS designate 13 New Jersey artificial reef sites, currently permitted in Federal waters by the U.S. Army Corps of Engineers, as special management zones (SMZs) under the applicable regulations implementing the Council's Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), 50 CFR 648.148.

    The summer flounder, scup, and black sea bass fisheries are managed cooperatively under the provisions of the FMP developed by the Council and the Atlantic States Marine Fisheries Commission, in consultation with the New England and South Atlantic Fishery Management Councils. General regulations governing fisheries of the Northeastern U.S. also appear at 50 CFR part 648. States manage these three species within 3 nautical miles (4.83 km) of their coasts, under the Commission's plan for summer flounder, scup, and black sea bass. The applicable species-specific Federal regulations govern vessels and individual fishermen fishing in Federal waters of the EEZ, as well as vessels possessing a summer flounder, scup, or black sea bass Federal charter/party vessel permit, regardless of where they fish.

    Special Management Zone Measures Background

    On November 6, 2015, the NJDEP requested that the Council designate 13 artificial reef sites, currently permitted in Federal waters by the U.S. Corps of Engineers, as SMZs under the regulations implementing the Council's Summer Flounder, Scup, and Black Sea Bass FMP. The SMZ request noted that the NJDEP has received complaints from rod and reel anglers regarding fouling of their fishing gear in commercial pots and lines on ocean reef sites for more than 20 years. The request also noted that the U.S. Fish and Wildlife Service (FWS) Sportfish Restoration Program (SRP), which was the primary funding source of the New Jersey Reef Program, discontinued its funding of the program and all reef construction and monitoring activities until the gear conflicts are resolved. These gear conflicts are not consistent with the objectives of the SRP program, which provides funding for the building and maintenance of the artificial reefs. In order to comply with the goals of the SRP, the FWS is requiring that state artificial reef programs be able to limit gear conflicts by state regulations in state waters or by SMZs for sites in the EEZ.

    The Council process for devising SMZ management measures is to recommend measures to NMFS for rulemaking, and is described in the following section. All meetings are open to the public and the materials used during such meetings, as well as any documents created to summarize the meeting results, are public information and typically posted on the Council's website (www.mafmc.org) or are available from the Council by request.

    The SMZ recommendations from the Council were established under the FMP's black sea bass provisions (§ 648.148). A monitoring committee, consisting of representatives from the Council, NMFS Greater Atlantic Regional Fisheries Office, and NMFS Northeast Fisheries Science Center, was formed to review the NJDEP SMZ request. The FMP's implementing regulations require the monitoring committee to review scientific and other relevant information to evaluate the SMZ requests and prepare a written report, considering the following criteria:

    (1) Fairness and equity;

    (2) Promotion of conservation;

    (3) Avoidance of excessive shares;

    (4) Consistency with the objectives of Amendment 9 to the FMP, the Magnuson-Stevens Act, and other applicable law;

    (5) The natural bottom in and surrounding potential SMZs; and

    (6) Impacts on historical uses.

    The Council considered the Monitoring Committee's recommendations and any public comment in finalizing its recommendations. The Council forwarded its final recommendations to NMFS for review. NMFS is required to review the Council's recommendations to ensure that they are consistent with the FMP and all applicable laws and Executive Orders before ultimately implementing measures for Federal waters.

    The timeline for establishing the SMZs is summarized here: The NJDEP requested SMZ status for the artificial reefs in November 2015; the Council and NMFS established a monitoring committee to review the request in February 2016; the monitoring committee provided a report to the Council evaluating the SMZ request at its October 5, 2016, meeting in Galloway, NJ.

    Following this meeting, the Council held three public hearings on the proposed SMZs (Brooklyn, NY, November 16, 2016; Toms River, NJ, November 16, 2016; and Cape May, NJ, November 17, 2016), and the Council made final recommendations on the SMZs at its December 21, 2016, meeting in Baltimore, Maryland. NMFS subsequently has reviewed the Council's recommendations through the development of an EA (see ADDRESSES for how to obtain a copy of the EA) and this proposed rule.

    Proposed SMZ Measures

    NMFS is proposing the Council's recommended measures that would apply in the Federal waters of the EEZ and to all vessels: That all 13 New Jersey artificial reefs be established as year-round SMZs. Within the established areas of the SMZs, all vessels would only be allowed to conduct fishing by handline, rod and reel, or spear fishing (including the taking of fish by hand).

    The boundaries of the proposed SMZs artificial reef sites encompass 19.71 nm2 (67.6 km2) and are in Federal waters bounded by the following coordinates connected by straight lines in the sequence specified in Tables 1-13 below.

    The coordinates of the 13 SMZ reef areas proposed to be created by this rule would be codified at 50 CFR 648.148(b)(2). This requires a re-organization of the existing SMZ regulations in CFR 648.148(b); no substantive changes are proposed for those provisions.

    Table 1—Sea Girt Reef Site Point N Latitude W Longitude NE Corner 40°08.22′ 73°55.52′ ME Corner 40°07.30′ 73°56.67′ SE Corner 40°06.13′ 73°57.12′ SW Corner 40°06.17′ 73°57.57′ MW Corner 40°07.48′ 73°57.15′ NW Corner 40°08.63′ 73°55.73′ NE Corner 40°08.22′ 73°55.52′ Table 2—Garden State North Reef Site Point N Latitude W Longitude NE Corner 39°38.05′ 74°00.70′ SE Corner 39°37.05′ 74°01.00′ SW Corner 39°37.00′ 74°02.50′ NW Corner 39°37.98′ 74°02.20′ NE Corner 39°38.05′ 74°00.70′ Table 3—Garden State South Reef Site Point N Latitude W Longitude NE Corner 39°33.82′ 74°05.75′ SE Corner 39°33.33′ 74°05.85′ SW Corner 39°33.33′ 74°07.35′ NW Corner 39°33.80′ 74°07.20′ NE Corner 39°33.82′ 74°05.75′ Table 4—Little Egg Reef Site Point N Latitude W Longitude NE Corner 39°29.00′ 74°10.00′ SE Corner 39°28.00′ 74°10.00′ SW Corner 39°28.00′ 74°12.00′ NW Corner 39°29.00′ 74°12.00′ NE Corner 39°29.00′ 74°10.00′ Table 5—Atlantic City Reef Site Point N Latitude W Longitude NE Corner 39°16.90′ 74°15.28′ SE Corner 39°13.93′ 74°11.80′ SW Corner 39°13.30′ 74°12.70′ NW Corner 39°16.22′ 74°16.18′ NE Corner 39°16.90′ 74°15.28′ Table 6—Great Egg Reef Site Point N Latitude W Longitude NE Corner 39°15.00′ 74°21.00′ SE Corner 39°14.00′ 74°21.00′ SW Corner 39°14.00′ 74°22.00′ NW Corner 39°15.00′ 74°22.00′ NE Corner 39°15.00′ 74°21.00′ Table 7—Ocean City Reef Site Point N Latitude W Longitude NE Corner 39°10.75′ 74°32.35′ SE Corner 39°09.40′ 74°34.62′ SW Corner 39°09.82′ 74°34.97′ NW Corner 39°11.10′ 74°32.85′ NE Corner 39°10.75′ 74°32.35′ Table 8—Shark River Reef Site Point N Latitude W Longitude NE Corner 40°07.33′ 73°41.08′ SE Corner 40°06.20′ 73°41.08′ SW Corner 40°20.20′ 73°41.80′ NW Corner 40°07.33′ 73°41.80′ NE Corner 40°07.33′ 73°41.08′ Table 9—Barnegat Light Reef Site Point N Latitude W Longitude NE Corner 39°45.87′ 74°01.10′ SE Corner 39°44.62′ 74°01.10′ SW Corner 39°44.62′ 74°01.95′ NW Corner 39°45.87′ 74°01.95′ NE Corner 39°45.87′ 74°01.10′ Table 10—Wildwood Reef Site Point N Latitude W Longitude NE Corner 38°57.85′ 74°39.70′ SE Corner 38°56.58′ 74°41.40′ SW Corner 38°57.55′ 74°42.60′ NW Corner 38°58.80′ 74°40.90′ NE Corner 38°57.85′ 74°39.70′ Table 11—Deepwater Reef Site Point N Latitude W Longitude NE Corner 38°59.00′ 74°10.50′ SE Corner 38°58.00′ 74°10.50′ SW Corner 38°58.00′ 74°11.50′ NW Corner 38°59.00′ 74°11.50′ NE Corner 38°59.00′ 74°10.50′ Table 12—Cape May Reef Site Point N Latitude W Longitude NE Corner 38°53.45′ 74°39.43′ SE Corner 38°50.07′ 74°42.25′ SW Corner 38°50.67′ 74°43.25′ NW Corner 38°53.97′ 74°40.62′ NE Corner 38°53.45′ 74°39.43′ Table 13—Townsend Inlet Reef Site Point N Latitude W Longitude NE Corner 39°06.70′ 74°36.00′ SE Corner 39°06.25′ 74°36.00′ SW Corner 39°06.25′ 74°37.50′ NW Corner 39°06.70′ 74°37.50′ NE Corner 39°06.70′ 74°36.00′

    Figure 1. shows the location of the 13 proposed artificial reef sites off the coast of New Jersey.

    BILLING CODE 3510-22-P EP13FE18.007 BILLING CODE 3510-22-C Regulatory Corrections Under Regional Administrator Authority

    This proposed rule includes a revision to the regulatory text to address text that is unnecessary, outdated, unclear, or NMFS could otherwise improve. NMFS proposes this changes consistent with section 305(d) of the MSA which provides that the Secretary of Commerce may promulgate regulations necessary to ensure that amendments to an FMP are carried out in accordance with the FMP and the MSA. The revision, at § 648.148(a), would clarify the Council may prohibit or restrain the use of specific types of fishing gear that are not compatible with the purpose of the artificial reef or fish attraction device or other habitat modification within the SMZ.

    Classification

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

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

    NMFS prepared an IRFA, as required by section 603 of the Regulatory Flexibility Act (RFA), which is included in the EA and supplemented by information contained in the preamble to this proposed rule. The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. A summary of the IRFA follows. A copy of this analysis is available from the Greater Atlantic Regional Fisheries Office (see ADDRESSES).

    Description of the Reasons Why Action by the Agency Is Being Considered

    NJDEP requested and the Council recommended that 13 New Jersey artificial reef sites, currently permitted by the U.S. Army Corps of Engineers in the EEZ, be designated as SMZs to limit recreational/commercial gear conflicts on the artificial reefs, and to maintain FWS SRP funding for the building, monitoring, and maintenance of the artificial reefs.

    Statement of the Objectives of and the Legal Basis for This Proposed Rule

    The action in this proposed rule would prohibit certain types fishing in the proposed SMZs. This would reduce current and/or future potential for recreational/commercial gear conflicts on the 13 New Jersey artificial reefs in order to maintain access to the reefs for recreational fishing. This action is proposed under the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq.

    Description of an Estimate of the Number of Small Entities To Which the Proposed Rule Would Apply

    The Small Business Administration (SBA) defines a small commercial finfishing or shellfishing business as a firm with annual receipts (gross revenue) of up to $11.0 million. A small for-hire recreational fishing business is defined as a firm with receipts of up to $7.5 million.

    This rule would apply to all Federal permit holders except recreational for-hire permit holders and commercial permit holders using hand gear or dive gear. While virtually all commercial fishing permit holders employing gear other than pot/trap gear would technically be regulated if the artificial reefs are granted SMZ status, the vast majority of the commercial fishing effort on these artificial reefs comes from the pot/trap gear sector. Therefore, only pot/trap gear vessel trips are considered in this analysis. Hand gear and dive gear activities would continue to be allowed under SMZ designation, and vessels using other mobile gears and fixed gears stay clear of the reef site areas to avoid bottom hang-ups with reef materials. Additionally, not all business entities that hold Federal fishing permits fish in the areas identified as potential SMZs. Those who actively participate (i.e., catch and land fish in and from at least one of the areas) in the areas identified as potential SMZs would be the group of business entities that are directly impacted by the regulations.

    During 2013, 2014, and 2015: 24 Vessels reported landings of fish caught at the reef sites in all 3 of those years; 10 vessels reported landings of fish caught at the reef sites in 2 of the 3 years; and 18 vessels reported landings of fish caught at the reef sites in only 1 of the 3 years. A total of 52 unique commercial vessels reported landings of catch estimated to be from within the coordinates of the 13 reef sites from 2013-2015.

    Based on the ownership data classification process described above, the 52 directly affected participating commercial fishing vessels were owned by 45 unique fishing business entities. All revenue earned by these businesses was derived from finfishing or shellfishing, and no revenue was earned from for-hire recreational fishing. Thus, all 45 of the potentially affected businesses are classified as commercial fishing business entities.

    Average annual gross revenue estimates calculated from 2013-2015 Northeast region dealer data indicate that only one of the potentially affected business entities under the preferred alternative would be considered large according to the SBA size standards. In other words, one business, classified as a commercial fishing business, averaged more than $11 million annually in gross revenues from all of its fishing activities during 2013-2015. Therefore, 44 of the 45 potentially affected business entities are considered small and one business entity is considered large.

    Description of the Projected Reporting, Record-Keeping, and Other Compliance Requirements of the Proposed Rule

    This action does not introduce any new reporting, recordkeeping, or other compliance requirements.

    Federal Rules Which May Duplicate, Overlap, or Conflict With This Proposed Rule

    This proposed action will not duplicate, overlap, or conflict with any other Federal rules.

    Description of Significant Alternatives to the Proposed Action Which Accomplish the Stated Objectives of Applicable Statutes and Which Minimize Any Significant Economic Impact on Small Entities

    The Council only considered the proposed action (Alternative 2) and the No Action alternative (Alternative 1). However, NMFS also considered a slightly less restrictive alternative after receiving the Council's recommendation (Alternative 3). Under the No Action alternative, vessels would still be able to fish with pot/trap gear on the 13 artificial reef sites. Alternative 3 would designate 11 of the 13 artificial reefs as SMZs (excludes Shark River and Wildwood); 41 unique fishing business entities were estimated to have landings within the coordinates of the 11 reef sites from 2013-2015. The Shark River and Wildwood reef site were excluded under this alternative because these sites had higher percentage of commercial effort when compared to the percentage of recreational effort. One of the potentially affected business entities under this alternative would be considered large (the same entity identified as large under the preferred alternative).

    Table 14 compares the number of potentially affected business entities by percent of total average annual gross revenue landed within the actual latitude and longitude coordinates of the two alternatives. Under both the preferred alternative and the Alternative 3, all commercial fishing businesses categorized as small in this assessment obtained less than 5 percent of their total average annual gross revenues from landings within the coordinates of the reef sites. The only business entity defined as large for this assessment earned less than 0.5 percent of its total average annual gross revenues from landings at the reef sites.

    Alternative 2 was selected as the preferred alternative because it would reduce gear conflicts on all 13 of the artificial reefs. For Alternatives 1 and 3, gear conflicts would remain on all reefs not designated as SMZs. Alternative 2 would result in slight positive economic impacts to the recreational fleet and likely have slight negative to negligible economic effects on the commercial fishery compared to the No Action alternative. Further, under Alternative 2, the program to maintain the artificial reefs would not be in jeopardy of losing its USFWS funding.

    Table 14—Number of Potential Business Entities Affected by Percent of Total Average Annual Gross Revenue Landed Within the Coordinates of the Reef Sites Percent of total average annual gross revenue
  • (2013-2016)
  • <0.5% 0.5% to 1.0% 1.0% to 5.0% >5.0%
    Proposed Action Commercial Fishing (Small) 35 2 7 0 Commercial Fishing (Large) 1 0 0 0 Alternative Commercial Fishing (Small) 32 2 6 0 Commercial Fishing (Large) 1 0 0 0
    List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: February 8, 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 NORTHEAST UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 648.148, revise paragraphs (a) introductory text and (b) to read as follows:
    § 648.148 Special management zones.

    (a) General. The recipient of a U.S. Army Corps of Engineers permit for an artificial reef, fish attraction device, or other modification of habitat for purposes of fishing may request that an area surrounding and including the site be designated by the MAFMC as a special management zone (SMZ). The MAFMC may prohibit or restrain the use of specific types of fishing gear that are not compatible with the purpose of the artificial reef or fish attraction device or other habitat modification within the SMZ. The establishment of an SMZ will be effected by a regulatory amendment, pursuant to the following procedure: An SMZ monitoring team comprised of members of staff from the MAFMC, NMFS Greater Atlantic Regional Fisheries Office, and NMFS Northeast Fisheries Science Center will evaluate the request in the form of a written report.

    (b) Approved/Established SMZs—(1) Delaware Special Management Zone Areas. Special management zones are established for Delaware artificial reef permit areas #9, 10, 11, and 13, in the area of the U.S. Exclusive Economic Zone. From January 1 through December 31 of each year, no person may fish in the Delaware Special Management Zones except by handline, rod and reel, or spear fishing (including the taking of fish by hand). The Delaware Special Management Zones are defined by rhumb lines connecting the following coordinates in the order stated:

    (i) Delaware artificial reef #9.

    Point Corner N Latitude W Longitude 1 9SE 38°39.972′ 74°59.298′ 2 9SW 38°40.05′ 75°0.702′ 3 9NW 38°40.848′ 75°0.402′ 4 9NE 38°40.8′ 74°58.902′ 5 9SE 38°39.972′ 74°59.298′

    (ii) Delaware artificial reef #10.

    Point Corner N Latitude W Longitude 1 10SE 38°36.198′ 74°55.674′ 2 10SW 38°36.294′ 74°57.15′ 3 10NW 38°37.098′ 74°56.802′ 4 10NE 38°37.002′ 74°55.374′ 5 10SE 38°36.198′ 74°55.674′

    (iii) Delaware artificial reef #11.

    Point Corner N Latitude W Longitude 1 11SE 38°39.882′ 74°43.05′ 2 11SW 38°40.002′ 74°44.802′ 3 11NW 38°40.848′ 74°44.502′ 4 11NE 38°40.752′ 74°42.75′ 5 11SE 38°39.882′ 74°43.05′

    (iv) Delaware artificial reef #13.

    Point Corner N Latitude W Longitude 1 13SE 38°30.138′ 74°30.582′ 2 13SW 38°30.222′ 74°31.5′ 3 13NW 38°31.614′ 74°30.864′ 4 13NE 38°31.734′ 74°30.018′ 5 13SE 38°30.138′ 74°30.582′

    (2) New Jersey Special Management Zone Areas. Special management zones are established for New Jersey artificial reef permit areas, in the area of the U.S. Exclusive Economic Zone. From January 1 through December 31 of each year, no person may fish in the New Jersey Special Management Zones except by handline, rod and reel, or spear fishing (including the taking of fish by hand). The New Jersey Special Management Zones are defined by rhumb lines connecting the following coordinates in the order stated:

    (i) Sea Girt Reef Site.

    Point N Latitude W Longitude NE Corner 40°08.22′ 73°55.52′ ME Corner 40°07.30′ 73°56.67′ SE Corner 40°06.13′ 73°57.12′ SW Corner 40°06.17′ 73°57.57′ MW Corner 40°07.48′ 73°57.15′ NW Corner 40°08.63′ 73°55.73′ NE Corner 40°08.22′ 73°55.52′

    (ii) Garden State North Reef Site.

    Point N Latitude W Longitude NE Corner 39°38.05′ 74°00.70′ SE Corner 39°37.05′ 74°01.00′ SW Corner 39°37.00′ 74°02.50′ NW Corner 39°37.98′ 74°02.20′ NE Corner 39°38.05′ 74°00.70′

    (iii) Garden State South Reef Site.

    Point N Latitude W Longitude NE Corner 39°33.82′ 74°05.75′ SE Corner 39°33.33′ 74°05.85′ SW Corner 39°33.33′ 74°07.35′ NW Corner 39°33.80′ 74°07.20′ NE Corner 39°33.82′ 74°05.75′

    (iv) Little Egg Reef Site.

    Point N Latitude W Longitude NE Corner 39°29.00′ 74°10.00′ SE Corner 39°28.00′ 74°10.00′ SW Corner 39°28.00′ 74°12.00′ NW Corner 39°29.00′ 74°12.00′ NE Corner 39°29.00′ 74°10.00′

    (v) Atlantic City Reef Site.

    Point N Latitude W Longitude NE Corner 39°16.90′ 74°15.28′ SE Corner 39°13.93′ 74°11.80′ SW Corner 39°13.30′ 74°12.70′ NW Corner 39°16.22′ 74°16.18′ NE Corner 39°16.90′ 74°15.28′

    (vi) Great Egg Reef Site.

    Point N Latitude W Longitude NE Corner 39°15.00′ 74°21.00′ SE Corner 39°14.00′ 74°21.00′ SW Corner 39°14.00′ 74°22.00′ NW Corner 39°15.00′ 74°22.00′ NE Corner 39°15.00′ 74°21.00′

    (vii) Ocean City Reef Site.

    Point N Latitude W Longitude NE Corner 39°10.75′ 74°32.35′ SE Corner 39°09.40′ 74°34.62′ SW Corner 39°09.82′ 74°34.97′ NW Corner 39°11.10′ 74°32.85′ NE Corner 39°10.75′ 74° 32.35′

    (viii) Shark River Reef Site.

    Point N Latitude W Longitude NE Corner 40°07.33′ 73°41.08′ SE Corner 40°06.20′ 73°41.08′ SW Corner 40°20.20′ 73°41.80′ NW Corner 40°07.33′ 73°41.80′ NE Corner 40°07.33′ 73°41.08′

    (ix) Barnegat Light Reef Site.

    Point N Latitude W Longitude NE Corner 39°45.87′ 74°01.10′ SE Corner 39°44.62′ 74°01.10′ SW Corner 39°44.62′ 74°01.95′ NW Corner 39°45.87′ 74°01.95′ NE Corner 39°45.87′ 74°01.10′

    (x) Wildwood Reef Site.

    Point N Latitude W Longitude NE Corner 38°57.85′ 74°39.70′ SE Corner 38°56.58′ 74°41.40′ SW Corner 38°57.55′ 74°42.60′ NW Corner 38°58.80′ 74°40.90′ NE Corner 38°57.85′ 74°39.70′

    (xi) Deepwater Reef Site.

    Point N Latitude W Longitude NE Corner 38°59.00′ 74°10.50′ SE Corner 38°58.00′ 74°10.50′ SW Corner 38°58.00′ 74°11.50′ NW Corner 38°59.00′ 74°11.50′ NE Corner 38°59.00′ 74°10.50′

    (xii) Cape May Reef Site.

    Point N Latitude W Longitude NE Corner 38°53.45′ 74°39.43′ SE Corner 38°50.07′ 74°42.25′ SW Corner 38°50.67′ 74°43.25′ NW Corner 38°53.97′ 74°40.62′ NE Corner 38°53.45′ 74°39.43′

    (xiii) Townsend Inlet Reef Site.

    Point N Latitude W Longitude NE Corner 39°06.70′ 74°36.00′ SE Corner 39°06.25′ 74°36.00′ SW Corner 39°06.25′ 74°37.50′ NW Corner 39°06.70′ 74°37.50′ NE Corner 39°06.70′ 74°36.00′
    [FR Doc. 2018-02916 Filed 2-12-18; 8:45 am] BILLING CODE 3510-22-P
    83 30 Tuesday, February 13, 2018 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request February 7, 2018.

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

    Comments regarding this information collection received by March 15, 2018 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW, Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

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

    Risk Management Agency

    Title: Standard Reinsurance Agreement.

    OMB Control Number: 0563-0069.

    Summary of Collection: The Federal Crop Insurance Act, Title 7 U.S.C. Chapter 36 Sec. 1508(k), authorizes the Federal Crop Insurance Corporation (FCIC) to provide reinsurance to approved insurance providers who insure producers of any agricultural commodity under one or more plans acceptable to FCIC. The Standard Reinsurance Agreement (SRA) is a financial agreement between FCIC and the company to provide subsidy and reinsurance on eligible crop insurance. The SRA includes Regulatory Duties and Responsibilities, Plan of Operations, Policy Acceptance and Storage System and Quality Assurance and Program Integrity.

    Need and Use of the Information: The Plan of Operations provides the information the insurer is required to file for the initial and each subsequent reinsurance year. FCIC uses the information as a basis for the approval of the insurer's financial and operational capability of delivering the crop insurance program and for evaluating the insurer's performance regarding implementation of procedures for training and quality control. If the information were not collected, FCIC would not be able to reinsure the crop business.

    Description of Respondents: Business or other for-profit; Farms.

    Number of Respondents: 20,000.

    Frequency of Responses: Reporting: Annually.

    Total Burden Hours: 171,500.

    Ruth Brown, Departmental Information Clearance Officer.
    [FR Doc. 2018-02845 Filed 2-12-18; 8:45 am] BILLING CODE 3410-08-P
    DEPARTMENT OF COMMERCE Bureau of the Census National Sunshine Week Public Event AGENCY:

    Bureau of the Census, Department of Commerce.

    ACTION:

    Notice of public event.

    SUMMARY:

    The Bureau of the Census (Census Bureau) is announcing the following event, “As a Matter of Open Government,” in recognition of National Sunshine Week. The Census Bureau will hold public speaker sessions to educate and engage in open dialogue about our transparency efforts.

    DATES:

    The public speaker sessions will be held on Wednesday, March 14 and Thursday, March 15, 2018 from 9:00 a.m. to 12:00 p.m. The Census Bureau also will co-host a kick-off event with the Department of Commerce's (DOC) Office of Privacy and Open Government on Tuesday, March 13, 2018 from 9:00 a.m. to 12:00 p.m. at the Department of Commerce Research Library, 1401 Constitution Avenue NW, Washington, DC 20230. Registration is free, but advanced registration is required for both events/sessions. (See directions below under Supplementary Information regarding how to register.)

    ADDRESSES:

    The public speaker sessions will be held in the U.S. Census Bureau Training Room, T-5, 4600 Silver Hill Road, Suitland, MD 20746.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Goode or Mary Kendall-Washington at the Policy Coordination Office, Open Government Program: 301-763-6440 or [email protected] TTY callers, please call the Federal Relay Service (FRS) at 1-800-877-8339 and give them the above-listed number you would like to call. This service is free and confidential.

    SUPPLEMENTARY INFORMATION:

    Individuals may attend the kick-off event at the DOC Research Library as seating capacity permits. The kick-off event will also be available for public observation via call-in. Individuals seeking to attend the kick-off must register at https://www.eventbrite.com/e/sunshine-week-kick-off-event-as-a-matter-of-open-government-tickets-41456931799?aff=eac by 12:00 p.m. (EDT) on March 12. Individuals who wish to attend the speaker sessions at the Census Bureau must register at https://www.eventbrite.com/e/sunshine-week-speaker-sessions-as-a-matter-of-open-government-tickets-41498530221?aff=erelexpmlt by 12:00 p.m. (EDT) on March 13. Agendas and call-in instructions will be provided upon registration.

    The event will be physically accessible to people with disabilities. Individuals requiring accommodation, such as sign language interpretation or other auxiliary aids, should call Mary-Kendall Washington at 301-763-6440 to request accommodations at least five business days in advance.

    All registrants will be placed on a visitor list. All visitors for the event must provide a government-issued photo identification in order to enter the building. For logistical questions, call Angineh Torosiyan Hayter at 301-763-6440. Media interested in attending should call the Census Bureau's Public Information Office at 301-763-3030.

    Dated: February 7, 2018. Ron S. Jarmin, Associate Director for Economic Programs, performing the non-exclusive functions and duties of the Director, Bureau of the Census.
    [FR Doc. 2018-02879 Filed 2-12-18; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2043] Reorganization of Foreign-Trade Zone 19 Under Alternative Site Framework; Omaha, Nebraska

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

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

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

    Whereas, the Greater Omaha Chamber of Commerce, grantee of Foreign-Trade Zone 19, submitted an application to the Board (FTZ Docket B-31-2017, docketed May 15, 2017) for authority to reorganize under the ASF with a service area of Burt, Cass, Dodge, Douglas, Sarpy, Saunders and Washington Counties, Nebraska, in and adjacent to the Omaha U.S. Customs and Border Protection port of entry, and FTZ 19's existing Sites 1 and 2 would be categorized as magnet sites;

    Whereas, notice inviting public comment was given in the Federal Register (82 FR 26435, June 7, 2017) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

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

    Now, Therefore, the Board hereby orders:

    The application to reorganize FTZ 19 under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, to the Board's standard 2,000-acre activation limit for the zone, and to ASF sunset provisions for magnet sites that would terminate authority for Site 1 if not activated within ten years from the month of approval and for Site 2 if not activated within five years from the month of approval.

    Dated: February 7, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-02905 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-63-2017] Foreign-Trade Zone (FTZ) 123—Denver, Colorado; Authorization of Production Activity; Lockheed Martin Corporation Space Systems Company (Satellites and Other Space Craft); Littleton, Colorado

    On October 4, 2017, Lockheed Martin Corporation Space Systems Company submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 123G, in Littleton, Colorado.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (82 FR 48481-48481, October 18, 2017). On February 1, 2018, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.

    Dated: February 5, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-02908 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2044] Expansion of Foreign-Trade Zone 281 Under Alternative Site Framework; Miami, Florida

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

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

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

    Whereas, Miami-Dade County, grantee of Foreign-Trade Zone 281, submitted an application to the Board (FTZ Docket B-29-2017, docketed May 2, 2017) for authority to expand the zone to include an additional magnet site at Miami International Airport, as described in the application, adjacent to the Miami, Florida CBP Port of Entry Customs and Border Protection port of entry;

    Whereas, notice inviting public comment was given in the Federal Register (82 FR 26775, June 9, 2017) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

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

    Now, therefore, the Board hereby orders:

    The application to expand FTZ 281 under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and to the Board's standard 2,000-acre activation limit for the zone.

    Dated: February 7, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-02906 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-11-2018] Foreign-Trade Zone (FTZ) 23—Buffalo, New York; Notification of Proposed Production Activity; Panasonic Eco Solutions Solar New York America Subzone 23E (Solar Panels/Modules); Buffalo, New York

    Panasonic Eco Solutions Solar New York America (PESSNY) submitted a notification of proposed production activity to the FTZ Board for its facility in Buffalo, New York. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on February 5, 2018.

    The PESSNY facility is located within Subzone 23E. The facility is used for the production of crystalline silicon photovoltaic (CSPV) solar panels/modules. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt PESSNY from customs duty payments on the foreign-status components used in export production. On its domestic sales, for the foreign-status materials/components noted below, PESSNY would be able to choose the duty rates during customs entry procedures that apply to CSPV solar panels/modules (duty free). PESSNY would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

    The components and materials sourced from abroad include: Silicone sealant/cement; ethylene vinyl acetate film/resin sheets; polyolefin base plastic film/resin sheets; plastic polymer rolls of film; polypropylene corner protectors; low iron glass; copper connection tabs; nickel standard conductive film; tin/silver/copper alloy soldering wire; plastic junction boxes; silver-plated copper ribbon; resin-laminated, silver-plated copper ribbon/tabs; polyester tape; silver paste; and silicon wafers. (duty rates range from duty free to 5.8%).

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is March 26, 2018.

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

    For further information, contact Diane Finver at [email protected] or (202) 482-1367.

    Dated: February 8, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-02909 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2045] Approval of Subzone Status; Ackerman North America LLC/dba Amann USA; Broomfield, Colorado

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

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

    Whereas, the Board's regulations (15 CFR part 400) provide for the establishment of subzones for specific uses;

    Whereas, the City and County of Denver, Colorado, grantee of Foreign-Trade Zone 123, has made application to the Board for the establishment of a subzone at the facility of Ackerman North America LLC/dba Amann USA, located in Broomfield, Colorado (FTZ Docket B-60-2017, docketed September 26, 2017);

    Whereas, notice inviting public comment has been given in the Federal Register (82 FR 45807, October 2, 2017) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

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

    Now, Therefore, the Board hereby approves subzone status at the facility of Ackerman North America LLC/dba Amann USA, located in Broomfield, Colorado (Subzone 123H), as described in the application and Federal Register notice, subject to the FTZ Act and the Board's regulations, including Section 400.13.

    Dated: February 7, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-02907 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-65-2017] Foreign-Trade Zone (FTZ) 92—Harrison County, Mississippi; Authorization of Production Activity; Vision Technologies Marine, Inc.; (Ocean-Going Vessels); Pascagoula, Mississippi

    On October 10, 2017, the Mississippi Coast Foreign-Trade Zone, Inc., grantee of FTZ 92, submitted a notification of proposed production activity to the FTZ Board on behalf of Vision Technologies Marine, Inc., within Site 6, in Pascagoula, Mississippi.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (82 FR 49177, October 24, 2017). On February 7, 2018, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14, subject to a restriction requiring that curtains be admitted to the zone in privileged foreign status (19 CFR 146.41) or domestic status (19 CFR 146.43), and further subject to the following conditions:

    (1) Any foreign steel mill products admitted to the zone for the Vision Technologies Marine, Inc., activity, including plate, angles, shapes, channels, rolled steel stock, bars, pipes and tubes, not incorporated into merchandise otherwise classified, and which is used in manufacturing, shall be subject to full customs duties in accordance with applicable law, unless the Executive Secretary determines that the same item is not then being produced by a domestic steel mill.

    (2) Vision Technologies Marine, Inc., shall meet its obligation under 15 CFR 400.13(b) by annually advising the FTZ Board's Executive Secretary as to significant new contracts with appropriate information concerning foreign purchases otherwise dutiable, so that the FTZ Board may consider whether any foreign dutiable items are being imported for manufacturing in the zone primarily because of FTZ procedures and whether the FTZ Board should consider requiring customs duties to be paid on such items.

    Dated: February 7, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-02910 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-533-824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) determines that Jindal Poly Films Limited made sales of subject merchandise at less than normal value, but that SRF Limited did not. The period of review (POR) is July 1, 2015, through June 30, 2016.

    Applicable Date: February 13, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5255.

    SUPPLEMENTARY INFORMATION:

    Background

    On August 7, 2017, the Department of Commerce (Commerce) published the Preliminary Results. 1 For a history of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://trade.gov/login.aspx. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content.

    1See Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016, 82 FR 36735 (August 7, 2017) (Preliminary Results).

    2See Department Memorandum, “Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film from India; 2015-2016 Administrative Review” (Issues and Decision Memorandum), dated concurrently with, and hereby adopted by, this notice.

    Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 to January 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The deadline for the final results of this administrative review is now February 6, 2018.3

    3See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, “Deadlines Affected by the Shutdown of the Federal Government” (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days.

    Scope of the Order

    The products covered by the AD order are all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet, and strip (PET Film), whether extruded or coextruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer of more than 0.00001 inches thick. Imports of PET Film are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the AD order is dispositive.

    Analysis of Comments Received

    All issues raised in the case brief and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is attached to this notice as an Appendix.

    Changes Since the Preliminary Results

    Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made changes to SRF's and Jindal's calculations.4 SRF's margin is unchanged at zero percent, while the margin for Jindal is now 1.57 percent.

    4See Memoranda to Thomas Gilgunn, Program Manager “Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: Jindal Poly Films Limited, and “Analysis Memorandum for the Final Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: SRF Limited,” both dated concurrently with these final results.

    Final Results of Review

    As a result of our review, we determine the following weighted-average dumping margins exist for the period July 1, 2015, through June 30, 2016.

    5 The Initiation Notice also lists the company as Jindal Poly Films Ltd. (India). See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation Notice). As noted in the Preliminary Decision Memoranda, dated concurrently with the Federal Register notice, the Department has determined that Jindal Poly Films Limited of India is the same company as Jindal Poly Films Ltd. (India). See Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016 82 FR 36735 (August 7, 2017).

    Producer or exporter Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Jindal Poly Films Limited of India 5 1.57 SRF Limited 0.00
    Disclosure

    We intend to disclose the calculations performed to parties in this proceeding within five days after the public announcement of the final results, in accordance with section 751(a) of the Act and 19 CFR 351.224(b).

    Assessment Rates

    Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). Commerce intends to issue assessment instructions directly to CBP 15 days after publication of these final results of review. For Jindal, we will base the assessment rate for the corresponding entries on the margin listed above.

    For entries of subject merchandise produced by Jindal or SRF for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate established in the less-than fair-value (LTFV) investigation, 5.71 percent,6 if there is no rate for the intermediate company(ies) involved in the transaction.7 Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries produced and exported by SRF during the POR.

    6See Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR 44175 (July 1, 2002) (Amended Final Determination).

    7See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification).

    Cash Deposit Requirements

    The following cash deposit requirements will be effective for all shipments of PET Film from India entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be as follows 1.57 percent for merchandise exported by Jindal and zero percent for merchandise exported by SRF; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period for that company; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established in the completed segment for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any other completed segment of this proceeding, then the cash deposit rate will be the all others rate of 5.71 percent, which is the all others rate established by Commerce in the LTFV investigation adjusted for the export subsidy rate in the countervailing duty investigation.8 These cash deposit requirements, when imposed, shall remain in effect until further notice.

    8See Amended Final Determination.

    Notification to Importers

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notifications to Interested Parties

    This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.

    Commerce is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.

    Dated: February 6, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background Scope of the Order III. Discussion of the Issues Comment 1: Whether To Grant Certain Post-Sale Price Adjustments to Jindal for the Final Results Comment 2: Whether To Grant Certain Post-Sale Price Adjustments to SRF for the Final Results Comment 3: Whether To Revise SRF's Program
    [FR Doc. 2018-02830 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-583-854] Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2015-2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) determines, based on the application of adverse facts available, that Bonuts Hardware Logistic Co., Ltd. (Bonuts), PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc. (PT/Pro-Team), and Unicatch Industrial Co. Ltd. (Unicatch) made sales of certain steel nails (nails) from Taiwan at prices below normal value during the period of review (POR) of May 20, 2015, through June 30, 2016.

    DATES:

    Applicable February 13, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Scott Hoefke or Victoria Cho, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-5075, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On August 7, 2017, Commerce published the Preliminary Results of this administrative review.1 For the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 These final results cover five companies.3 Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final results of this review is now February 6, 2018.4 Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).

    1See Certain Steel Nails from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2015-2016, 82 FR 36744 (August 7, 2017) (Preliminary Results), and accompanying Memorandum, “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Steel Nails from Taiwan; 2015-2016,” dated July 31, 2017 (Preliminary Decision Memorandum).

    2See Memorandum, “Issues and Decision Memorandum for the Final Results of the 2015-2016 Administrative Review of the Antidumping Duty Order on Certain Steel Nails from Taiwan” (Issues and Decision Memorandum), dated concurrently with this notice and incorporated herein by reference.

    3 The five companies consist of three mandatory respondents and two companies not individually examined.

    4See Memorandum, “Deadlines Affected by the Shutdown of the Federal Government” (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days.

    Scope of the Order

    The merchandise covered by this order is certain steel nails. The certain steel nails subject to the order are currently classifiable under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to these orders also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings.

    While the HTSUS subheadings are provided for convenience and customs purpose, the written description is dispositive.5

    5 A full description of the scope of the order is contained in the Issues and Decision Memorandum.

    Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues which parties raised, and to which we responded in the Issues and Decision Memorandum, can be found at the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain changes to the Preliminary Results. Specifically, Commerce is applying total adverse facts otherwise available for Unicatch for these final results, and, in addition, Commerce has made changes to the rate assigned to the non-examined companies. For a full discussion of these changes, see the Issues and Decision Memorandum.

    Partial Rescission of Review

    On December 12, 2016, Mid Continent Steel & Wire, Inc. (Mid Continent), a domestic producer and interested party, timely withdrew its review request for Yusen Logistics (Taiwan) Ltd.6 Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the date of publication of the notice of initiation of the requested review.7 For a full description of the methodology and rationale underlying our conclusions, see the Issues and Decisions Memorandum.

    6See Petitioner's December 12, 2016, letter entitled, “Certain Nails from Taiwan, Withdrawal of Request for Administrative Review.”

    7 We inadvertently omitted Yusen Logistics (Taiwan) Ltd. from the list of companies for which we rescinded this administrative review in the Preliminary Results.

    Application of Facts Available and Adverse Facts Available

    We continue to find that Bonuts. and PT/Pro-Team failed to cooperate to the best of their ability in responding to Commerce's requests for information. Furthermore, for these final results, we also find that Unicatch failed to cooperate to the best of its ability in responding to Commerce's requests for information. Thus, we find that the application of adverse facts available, pursuant to section 776(a)-(b) of the Act, is warranted with respect to Bonuts, PT/Pro-Team, and Unicatch. For a full description of the methodology and rationale underlying our conclusions, see Issues and Decision Memorandum.

    Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual review in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.” Section 735(c)(5)(B) of the Act also provides that, where all rates are zero, de minimis, or based entirely on facts available, we may use “any reasonable method” for assigning the rate to all other respondents.

    In this review, the margins for all individually examined respondents were determined entirely on the basis of facts available. As discussed in further detail in the Issues and Decision Memorandum, we have determined under “any reasonable method” to apply to companies not selected for individual examination in this review the rate determined for all mandatory respondents. Accordingly, we assign to the non-selected companies the dumping margin of 78.17 percent.

    Final Results of Review

    Commerce determines that the following margins exist for the period May 20, 2015 through June 30, 2016:

    Producer/exporter Margin
  • (percent)
  • Bonuts Hardware Logistic Co., Ltd 8 78.17 PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc 78.17 Unicatch Industrial Co. Ltd 78.17 Non-examined companies 9 78.17
    Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this administrative review in the Federal Register. We will instruct CBP to apply an ad valorem assessment rate of 78.17 percent to all entries of subject merchandise during the POR which were produced and/or exported by the companies stated above.

    8 Commerce initiated a review of Bonuts Hardware Logistic Co., Ltd., but has referred to the company as Bonuts Hardware Logistics Co., LLC and Bonuts Logistics LLC at different times during this segment of the proceeding, based on the company's submissions.

    9 The non-examined companies are Hor Liang Industrial Corp. and Romp Coil Nails Industries Inc.

    For the companies which were not selected for individual review, we will assign an assessment rate based on the methodology described in the “Rates for Non-Examined Companies” section, above.

    Consistent with Commerce's assessment practice, for entries of subject merchandise during the POR produced by Bonuts, PT/Pro-Team, Unicatch, or the non-examined companies for which the producer did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.10

    10 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

    Cash Deposit Requirements

    The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rates for the companies listed in these final results will be equal to the rates established in the final results of this review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment in which the company was reviewed; (3) if the exporter is not a firm covered in this review or the original less-than-fair-value (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 2.16 percent,11 the all-others rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    11See Certain Steel Nails from Taiwan: Notice of Court Decision Not in Harmony with Final Determination in Less Than Fair Value Investigation and Notice of Amended Final Determination, 82 FR 55090, 55091 (November 20, 2017).

    Notification to Importers

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    Notification to Interested Parties Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

    We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: February 6, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Order V. Rate for Non-Examined Companies VI. Partial Rescission of Administrative Review VII. Discussion of the Issues A. PT/Pro-Team Issue Comment 1: Application of Adverse Facts Available to PT/Pro-Team B. Unicatch Issues Comment 2: Application of Adverse Facts Available to Unicatch Comment 3: Other Cost Issues Comment 4: Unicatch's U.S. Sales Data Comment 5: Middleman Dumping for Unicatch Comment 6: Constructed Value Profit and Selling Expenses Comment 7: Correction of Clerical Errors VIII. Recommendation
    [FR Doc. 2018-02897 Filed 2-12-18; 8:45 am] BILLING CODE 3510-DS-P
    CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Financial Management Survey AGENCY:

    Corporation for National and Community Service.

    ACTION:

    Notice.

    SUMMARY:

    The Corporation for National and Community Service (CNCS) has submitted a public information collection request (ICR) entitled Financial Management Survey for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments may be submitted, identified by the title of the information collection activity, by March 15, 2018.

    ADDRESSES:

    Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from February 13, 2018:

    (1) By fax to: 202-395-6974, Attention: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service; or

    (2) By email to: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Douglas Godesky, Senior Grants Officer, at 202-606-6967 or email to [email protected]. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call 1-800-833-3722 between 8:00 a.m. and 8:00 p.m. Eastern Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    OMB is particularly interested in comments which:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of CNCS, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions;

    • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and

    • Propose ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments

    A 60-day Notice requesting public comment was published in the Federal Register on July 19, 2017 at Vol. 82, No. 137, Page 33072. This comment period ended September 18, 2017. No public comments were received from this Notice.

    Description: The Financial Management Survey collects information about the capacity of organizations to manage federal grant funds. Information from the survey is used to assess an organization's structure and capacity-building needs and identify any appropriate technical assistance and/or resources to strengthen federal grant management and compliance operations. CNCS seeks to renew the current information collection. The information collection will otherwise be used in the same manner as the existing application. CNCS also seeks to continue using the current application until the revised application is approved by OMB. The current application expired on September 30, 2017.

    Type of Review: Renewal.

    Agency: Corporation for National and Community Service.

    Title: Financial Management Survey.

    OMB Number: 3045-0102.

    Agency Number: None.

    Affected Public: Non-profit Organizations, State, Local and Tribal Governments that are first-time recipients of CNCS grant funds, or renewing their ability to receive CNCS grant funds.

    Total Respondents: 200.

    Frequency: Once.

    Average Time per Response: Averages 2.00 hours.

    Estimated Total Burden Hours: 400 hours.

    Total Burden Cost (capital/startup): None.

    Total Burden Cost (operating/maintenance): None.

    Dated: February 2, 2018. Joseph Liciardello, Acting Chief Grants Officer.
    [FR Doc. 2018-02880 Filed 2-12-18; 8:45 am] BILLING CODE 6050-28-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 17-76] Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense (DoD).

    ACTION:

    Arms sales notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of an arms sales notification.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.

    SUPPLEMENTARY INFORMATION:

    This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 17-76 with attached Policy Justification and Sensitivity of Technology.

    Dated: February 8, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN13FE18.006 BILLING CODE 5001-06-C Transmittal No. 17-76 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Finland

    (ii) Total Estimated Value:

    Major Defense Equipment * $434 million Other $188 million Total $622 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Major Defense Equipment (MDE):

    One hundred (100) RGM-84Q-4 Harpoon Block II Plus (+) Extended Range (ER) Grade B Surface-Launched Missiles Twelve (12) RGM-84L-4 Harpoon Block II Grade B Surface-Launched Missiles Twelve (12) RGM-84Q-4 Harpoon Block II+ ER Grade B Surface-Launched Upgrade Kits Four (4) RTM-84L-4 Harpoon Block II Grade B Exercise Surface-Launched Missiles Four (4) RTM-84Q-4 Harpoon Block II+ ER Grade B Exercise Surface-Launched Missiles

    Non-MDE:

    Also included are containers, spare and repair parts, support and test equipment, publications and technical documentation, personnel training and training equipment, technical assistance, engineering and logistics support services, and other related elements of logistical support.

    (iv) Military Department: Navy (FI-P-LBQ)

    (v) Prior Related Cases, if any: None

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex

    (viii) Date Report Delivered to Congress: February 5, 2018

    * As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Finland—RGM-84Q-4 Harpoon Block II+ ER Grade B Surface-Launched Missiles and RGM-84L-4 Harpoon Block II Grade B Surface-Launched Missiles

    The Government of Finland has requested a possible sale of one hundred (100) RGM-84Q-4 Harpoon Block II Plus (+) Extended Range (ER) Grade B Surface-Launched Missiles, twelve (12) RGM-84L-4 Harpoon Block II Grade B Surface-Launched Missiles, twelve (12) RGM-84Q-4 Harpoon Block II+ ER Grade B Surface-Launched Upgrade Kits, four (4) RTM-84L-4 Harpoon Block II Grade B Exercise Surface-Launched Missiles, and four (4) RTM-84Q-4 Harpoon Block II+ ER Grade B Exercise Surface-Launched Missiles. Also included are containers, spare and repair parts, support and test equipment, publications and technical documentation, personnel training and training equipment, technical assistance, engineering and logistics support services, and other related elements of logistical support. The estimated total case value is $622 million.

    This proposed sale will support the foreign policy and national security objectives of the United States by improving the security of a partner nation that has been, and continues to be, an important force for political stability and economic progress in Europe.

    Finland intends to use the missiles on its Hamina class ships, Multirole Corvette ships, and Coastal Batteries. The missiles will provide enhanced capabilities in effective defense of critical sea lanes. The proposed sale of the missiles and support will increase the Finnish Navy's maritime partnership potential and increase regional security capability. Finland has not purchased Harpoon Block II+ ER previously, but will have no difficulty incorporating this capability into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The principal contractor will be The Boeing Company, St. Louis, MO. The purchaser typically requests offsets. Any offset agreement will be defined in negotiations between the purchaser and the contractor.

    Implementation of this proposed sale will require up to 21 U.S. Government personnel to travel to Finland providing support over a period of ten years.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 17-76 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The RGM-84Q Harpoon Block II+ ER Surface-Launched missile system is classified SECRET. The Harpoon missile is a non-nuclear tactical weapon system. It provides a day, night, and adverse weather, standoff air-to-surface capability and is an effective Anti-Surface Warfare missile. The RGM-84Q incorporates components, software, and technical design information that is considered sensitive. The following components being conveyed by the proposed sale that are considered sensitive include:

    a. Classified CONFIDENTIAL:

    (1) Radar Seeker (2) GPS/INS System (3) Operational Flight Program Software (4) Missile operational characteristics and performance data

    b. Classified up to SECRET:

    (1) Weapon Data Link (depending on key classification) (2) Warhead

    These elements are essential to the ability of the Harpoon missile to selectively engage hostile targets under a wide range of operations, tactical and environmental conditions. The Harpoon is a Coastal Target Suppressions land attack weapon.

    2. The RGM-84L Harpoon Block II Surface-Launched missile system is classified CONFIDENTIAL. The Harpoon missile is a non-nuclear tactical weapon system currently in service in the U.S. Navy and in 29 other foreign nations. It provides a day, night, and adverse weather, standoff air-to-surface capability and is an effective Anti-Surface Warfare missile. The RGM-84L incorporates components, software, and technical design information that are considered sensitive. The following components being conveyed by the proposed sale that are considered sensitive and are classified CONFIDENTIAL are:

    Classified CONFIDENTIAL:

    (1) Radar Seeker (2) GPS/INS System (3) Operational Flight Program Software (4) Missile operational characteristics and performance data

    3. The RTM-84 Exercise Harpoon Surface-Launched missile is classified up to SECRET. The RTM-84 Exercise Harpoon incorporates components, software, and technical design information that are considered sensitive. The following components being conveyed by the proposed sale that are considered sensitive include:

    a. Classified CONFIDENTIAL:

    (1) Radar Seeker (2) GPS/INS System (3) Operational Flight Program Software (4) Missile operational characteristics and performance data

    b. Classified up to SECRET:

    (1) Weapon Data Link (depending on key classification)

    4. If a technologically advanced adversary were to obtain knowledge of specific hardware, the information could be used to develop countermeasures which might reduce weapons system effectiveness or be used in the development of a system with similar or advanced capabilities.

    5. A determination has been made that Finland can provide substantially the same degree of protection for sensitive technology being released as the U.S. Government. This proposed sustainment program is necessary to the furtherance of the U.S. foreign policy and national security objectives outlined in the policy justification.

    6. All defense articles and services listed on this transmittal are authorized for release and export to the Government of Finland.

    [FR Doc. 2018-02876 Filed 2-12-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Notice of Intent To Prepare a Tiered Environmental Impact Statement for the New York New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study AGENCY:

    U.S. Army Corps of Engineers, DOD.

    ACTION:

    Notice of intent.

    SUMMARY:

    Pursuant to the requirements of section 102(2)(C) of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New York District (Corps) is preparing an integrated Feasibility Report/Tiered Environmental Impact Statement (EIS) for the proposed New York New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study (NYNJHAT). The study is assessing the feasibility of coastal storm risk management alternatives to be implemented within the authorized study area with a specific emphasis on the New York New Jersey Harbor, including Raritan Bay, the tidally-affected stretches of the Passaic and Hackensack Rivers, and the Hudson River to Troy, New York.

    ADDRESSES:

    Pertinent information about the study can be found at: http://www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/New-York-New-Jersey-Harbor-Tributaries-Focus-Area-Feasibility-Study/.

    Interested parties are welcome to send written comments and suggestions concerning the scope of issues to be evaluated within the Tiered EIS to Nancy J. Brighton, Chief, Watershed Section, Environmental Analysis Branch, Planning Division, U.S. Army Corps of Engineers, New York District, 26 Federal Plaza, New York, Room 2151, NY 10279-0090; Phone: (917) 790-8703; email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Questions about the overall NYNJHAT study should be directed to Bryce Wisemiller, Project Manager, U.S. Army Corps of Engineers, New York District, Programs and Project Management Division, Civil Works Programs Branch, 26 Federal Plaza, Room 2127, New York, NY 10279-0090; Phone: (917) 790-8307; email: [email protected]

    SUPPLEMENTARY INFORMATION: 1. Background

    The U.S. Army Corps of Engineers (Corps), in partnership with the New York State Department of Environmental Conservation (NYSDEC) and the New Jersey Department of Environmental Protection (NJDEP) as the non-federal sponsors, are undertaking this study. In addition, the City of New York is a non-federal partner. The NYNJHAT study area, which encompasses the New York metropolitan area, is highly vulnerable to damage from coastal storm surge, wave attack, erosion, and intense rainfall-storm water runoff events that cause riverine or inland flooding, which can exacerbate coastal flooding. The NYNJHAT study is authorized under Public Law 84-71, June 15, 1955 (69 Stat. 132) to conduct an investigation into potential coastal storm risk management solutions. A Feasibility Cost Sharing Agreement (FCSA) was executed in 2016 with the NYSDEC and NJDEP.

    2. Study Area

    The study area encompasses approximately 2,150 square miles and includes parts of Bergen, Passaic, Morris, Essex, Hudson, Union, Somerset, Middlesex, and Monmouth Counties in New Jersey and Rensselaer, Albany, Columbia, Greene, Duchess, Ulster, Putnam, Orange, Westchester, Rockland, Bronx, New York, Queens, Kings, Richmond, and Nassau Counties in New York. The study area extends upstream of the Hudson River to the federal lock and dam at Troy, New York, the Passaic River to the Dundee Dam, and the Hackensack River to the Oradell Reservoir.

    3. Public Participation

    The Corps, the NYSDEC and the NJDEP hosted three agency workshop meetings in January and February 2017, with representatives from federal and state agencies, as well as representatives from local agencies and towns. The Corps, NYSDEC and NJDEP are anticipating hosting a NEPA Scoping Meetings in March and April 2018. Public notices announcing the meeting date, time, location and agenda will be published in the appropriate local newspapers, municipality web pages, and the Corps' New York District web page (see STUDY WEB PAGE and ADDRESSES above) and will be distributed to the local stakeholders and known interested parties.

    A scoping comment period of 30 days will be established from the scheduled date of the meeting to allow agencies, organizations and individuals to submit comments, questions and/or concerns regarding the Feasibility Study. Comments, concerns and information submitted to the Corps will be evaluated and considered during the development of the Draft EIS.

    Lead and Cooperating Agencies

    The U.S. Army Corps of Engineers is the lead federal agency for the preparation of a Tiered Environmental Impact Statement (EIS) in order to meet the requirements of the NEPA and the NEPA Implementing Regulations of the President's Council on Environmental Quality (40 CFR 1500-1508). The Corps has invited the U.S. Coast Guard, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the National Park Service, and the Federal Emergency Management Agency to be Cooperating or Participating Agencies on this study. The preparation of a Tiered EIS will be coordinated with New York State, New Jersey State and local municipalities with discretionary authority relative to the proposed actions. The Draft integrated Feasibility Report/Tiered EIS is currently scheduled for distribution to the public Summer 2018.

    Dated: February 6, 2018. Peter M. Weppler, Chief, Environmental Analysis Branch, Planning Division.
    [FR Doc. 2018-02874 Filed 2-12-18; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12635-002] Notice of Application Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions; Moriah Hydro Corporation

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.

    a. Type of Application: Original Major License.

    b. Project No.: 12635-002.

    c. Date Filed: February 13, 2015.

    d. Applicant: Moriah Hydro Corporation.

    e. Name of Project: Mineville Energy Storage Project.

    f. Location: The project would be located in an abandoned subterranean mine complex 1 in the town of Moriah, Essex County, New York. No federal lands are occupied by project works or located within the project boundary.

    1 The existing mine complex is composed of the interconnected Old Bed, Bonanza open pit, and Harmony mines.

    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).

    h. Applicant Contact: James A. Besha, President, Moriah Hydro Corporation, c/o Albany Engineering Corporation, 5 Washington Square, Albany, New York 12205, (518) 456-7712.

    i. FERC Contact: Chris Millard (202) 502-8256 or [email protected]

    j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions: 60 days from the issuance date of this notice; reply comments are due 105 days from the issuance date of this notice.

    The Commission strongly encourages electronic filing. Please file comments, recommendations, terms and conditions, and prescriptions 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-12635-002.

    The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. This application has been accepted and is now ready for environmental analysis.

    l. The proposed project consists of: (1) An upper reservoir located within the upper portion of the mine between elevations 495 and 1,095 feet above mean seal level (msl), with a surface area of 4 acres and a storage capacity of 2,448 acre-feet; (2) a lower reservoir in the lower portion of the mine between elevations −1,075 and −1,555 feet msl, with a surface area of 5.1 acres and a storage capacity of 2,448 acre-feet; (3) a 14-foot-diameter and 2,955-foot-long upper reservoir shaft connecting the upper reservoir to the high-pressure penstock located below the powerhouse chamber floor; (4) a 14-foot-diameter and 2,955-foot-long lower reservoir shaft connecting the lower reservoir and the lower reservoir ventilation tunnel; (5) two 6-foot-diameter emergency evacuation shafts located between the powerhouse chamber and the electrical equipment chamber; (6) a 25-foot-diameter main shaft extending 2, 955 feet from the surface down to the powerhouse chamber; (7) 15-foot-diameter high- and low-pressure steel penstocks embedded beneath the powerhouse chamber floor; (8) a 320-foot-long by 80-foot-wide powerhouse chamber, containing 100 reversible pump-turbine units, each with a nameplate generating capacity of 2.4 megawatts; (9) a 274-foot-long by 36-foot-wide underground electrical equipment chamber adjacent to the powerhouse chamber; (10) an inclined electrical tunnel connecting the electrical equipment chamber to a new 115-kilovolt (kV) substation constructed adjacent to an existing single circuit 115-kV transmission line located about one horizontal mile from the underground powerhouse chamber; and (11) appurtenant facilities. The project would operate as a closed-loop system to meet energy demands and grid control requirements. The project would have an average annual generation of 421 gigawatt-hours (GWh). The average pumping power used by the project would be 554 GWh.

    m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above.

    All filings must (1) bear in all capital letters the title COMMENTS, REPLY COMMENTS, RECOMMENDATIONS, TERMS AND CONDITIONS, or PRESCRIPTIONS; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person submitting the filing; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    n. Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission's regulations, any competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice.

    o. A license applicant must file no later than 60 days following the date of issuance of this notice: (1) A copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification.

    p. Procedural Schedule:

    The application will be processed according to the following revised Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate.

    Milestone Target date Filing of comments, recommendations, terms and conditions, and prescriptions April 2018. Reply comments due May 2018. Commission issues Draft EA October 2018. Comments on Draft EA November 2018. Commission issues Final EA March 2019. Dated: February 5, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-02847 Filed 2-12-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14795-002] Notice of Scoping Meetings and Environmental Site Review and Soliciting Scoping Comments; Shell Energy North America (US), L.P.

    Take notice that the following hydroelectric applications have been filed with Commission and are available for public inspection:

    a. Type of Application: Original major license.

    b. Project No.: 14795-002.

    c. Date Filed: November 1, 2017.

    d. Applicant: Shell Energy North America (US), L.P.

    e. Name of Project: Hydro Battery Pearl Hill Pumped Storage Project.

    f. Location: On the Columbia River and Rufus Woods Lake, near Bridgeport, Douglas County, Washington. The upper reservoir and penstock would be located on state lands, while the lower reservoir and power generation and pumping equipment would be located on Rufus Woods Lake, a reservoir operated by the Army Corps of Engineers (Corps).

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).

    h. Applicant Contact: Kent Watt, Shell US Hosting Company, Shell Woodcreek Office, 150 North Dairy Ashford, Houston, TX 77079, (832) 337-1160, [email protected]

    i. FERC Contact: Ryan Hansen, 888 1st St. NE, Washington, DC 20426, (202) 502-8074, [email protected]

    j. Deadline for Filing Scoping Comments: April 6, 2018.

    The Commission strongly encourages electronic filing. Please file scoping comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket number P-14795-002.

    The Commission's Rules of Practice and Procedure require all interveners filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. This application is not ready for environmental analysis at this time.

    l. The proposed project would utilize the Corps' existing Rufus Woods Lake Reservoir, and would consist of the following new facilities: (1) A 300-foot-diameter, 20-foot-tall lined corrugated steel tank upper reservoir with a storage capacity of 26.5 acre-feet; (2) a 3-foot-diameter, 3,400-foot-long above-ground carbon steel penstock transitioning to a 3-foot-diameter, 2,700-foot-long buried carbon steel penstock; (3) a 77-foot-long, 77-foot-wide structural steel power platform housing five 2,400 horsepower vertical turbine pumps, one 5 megawatt twin-jet Pelton turbine and synchronous generator, and accompanying electrical equipment; (4) five vertical turbine pump intakes, each fitted with a 27-inch-diameter by 94-inch-long T-style fish screen; (5) a 2,500-foot-long, 24.9-kilovolt transmission line. which would be partially buried and partially affixed to the penstock, interconnecting to an existing non-project transmission line; (6) approximately 3,847 feet of gravel project access road; and (7) appurtenant facilities. The average annual generation is estimated to be 24 gigawatt-hours.

    m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above.

    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    n. Scoping Process

    The Commission intends to prepare an environmental assessment (EA) in cooperation with the Corps 1 on the project in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action.

    1 In a letter filed on January 24, 2018, the Corps requested cooperating agency status.

    Scoping Meetings

    FERC staff will conduct one agency scoping meeting and one public meeting. The agency scoping meeting will focus on resource agency and non-governmental organization (NGO) concerns, while the public scoping meeting is primarily for public input. All interested individuals, organizations, and agencies are invited to attend one or both of the meetings, and to assist the staff in identifying the scope of the environmental issues that should be analyzed in the EA. The times and locations of these meetings are as follows:

    Agency Scoping Meeting

    Date: March 7, 2018.

    Time: 9:00 a.m. (PST).

    Place: Howard's on the River.

    Address: 245 Lakeshore Drive, Pateros, WA 98846.

    Public Scoping Meeting

    Date: March 7, 2018.

    Time: 6:00 p.m. (PST).

    Place: Howard's on the River.

    Address: 245 Lakeshore Drive, Pateros, WA 98846.

    Copies of the Scoping Document (SD1) outlining the subject areas to be addressed in the EA were distributed to the parties on the Commission's mailing list. Copies of the SD1 will be available at the scoping meeting or may be viewed on the web at http://www.ferc.gov using the eLibrary link (see item m above).

    Environmental Site Review

    The Applicant and FERC staff will conduct a project environmental site review beginning at 9:00 a.m. on March 8, 2018. All interested individuals, organizations, and agencies are invited to attend. All participants should meet at the Quick-E Mart parking lot at 2606 Foster Creek Ave., Bridgeport, WA 98813. All participants are responsible for their own transportation to the site. Anyone with questions about the site review should contact JT Steenkamp at (403) 384-7517 or email at [email protected]

    Objectives

    At the scoping meetings, the staff will: (1) Summarize the environmental issues tentatively identified for analysis in the EA; (2) solicit from the meeting participants all available information, especially quantifiable data, on the resources at issue; (3) encourage statements from experts and the public on issues that should be analyzed in the EA, including viewpoints in opposition to, or in support of, the staff's preliminary views; (4) determine the resource issues to be addressed in the EA; and (5) identify those issues that require a detailed analysis, as well as those issues that do not require a detailed analysis.

    Procedures

    The meetings are recorded by a stenographer and become part of the formal record of the Commission proceeding on the project.

    Individuals, organizations, and agencies with environmental expertise and concerns are encouraged to attend the meeting and to assist the staff in defining and clarifying the issues to be addressed in the EA.

    Dated: February 5, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-02849 Filed 2-12-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Availability of the Final Supplemental Environmental Impact Statement for the Southeast Market Pipelines Project Docket No. Florida Southeast Connection, LLC [CP14-554-002] Transcontinental Gas Pipe Line Company, LLC [CP15-16-003] Sabal Trail Transmission, LLC [CP15-17-002]

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared a final supplemental environmental impact statement (SEIS) to address the August 22, 2017 Opinion issued by the United States Court of Appeals for the District of Columbia regarding the Commission's environmental review of the Southeast Market Pipelines (SMP) Project.

    The final SEIS estimates the greenhouse gas emissions generated by the SMP Project's customers' downstream facilities, describes the methodology used to determine these estimates, discusses context for understanding the magnitude of these emissions, describes the Commission's past policy on use of the Social Cost of Carbon tool, and as appropriate, addresses comments on the draft SEIS issued on September 27, 2017.

    Commission staff will mail copies of the final SEIS to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners and other interested individuals and groups; newspapers and libraries in the project area; and parties to this proceeding. Additionally, the final SEIS is available for public viewing on the FERC's website (www.ferc.gov) using the eLibrary link.

    Additional information about the SMP 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. Click on the eLibrary link, click on General Search, and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP14-554, CP15-16, or CP15-17). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676; for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. 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.

    Dated: February 5, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-02848 Filed 2-12-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section 3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C. 552b:

    AGENCY HOLDING MEETING:

    Federal Energy Regulatory Commission.

    DATE AND TIME:

    February 15, 2018, 10:00 a.m.

    PLACE:

    Room 2C, 888 First Street NE, Washington, DC 20426.

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    Agenda.

    * NOTE—Items listed on the agenda may be deleted without further notice.

    CONTACT PERSON FOR MORE INFORMATION:

    Kimberly D. Bose, Secretary, Telephone (202) 502-8400.

    For a recorded message listing items struck from or added to the meeting, call (202) 502-8627.

    This is a list of matters to be considered by the Commission. It does not include a listing of all documents relevant to the items on the agenda. All public documents, however, may be viewed on line at the Commission's website at http://ferc.capitolconnection.org/ sing the eLibrary link, or may be examined in the Commission's Public Reference Room.

    1040th—Meeting Item No. Docket No. Company Administrative A-1 AD18-1-000 Agency Administrative Matters. A-2 AD18-2-000 Customer Matters, Reliability, Security and Market Operations. Electric E-1 RM16-23-000, AD16-20-000 Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators. Electric Storage Participation in Regions with Organized Wholesale Electric Markets. E-2 RM16-6-000 Essential Reliability Services and the Evolving Bulk-Power System-Primary Frequency Response. E-3 ER17-2536-000, ER17-2536-001 Pacific Gas and Electric Company. E-4 EL16-71-000, ER17-179-000 Monongahela Power Company; Potomac Edison Company; West Penn Power Company; AEP Indiana Michigan Transmission Company, Inc.; AEP Kentucky Transmission Company, Inc.; AEP Ohio Transmission Company, Inc.; AEP West Virginia Transmission Company, Inc.; Appalachian Power Company; Indiana Michigan Power Company; Kentucky Power Company; Kingsport Power Company; Ohio Power Company; Wheeling Power Company; Commonwealth Edison Company; Commonwealth Edison Company of Indiana, Inc.; Dayton Power and Light Company; Virginia Electric and Power Company; Public Service Electric and Gas Company; PECO Energy Company; PPL Electric Utilities Corporation; Baltimore Gas and Electric Company; Jersey Central Power & Light Company; Metropolitan Edison Company; Pennsylvania Electric Company; Potomac Electric Power Company; Atlantic City Electric Company; Delmarva Power & Light Company; UGI Utilities Inc.; Allegheny Electric Cooperative, Inc.; CED Rock Springs, LLC; Old Dominion Electric Cooperative; Rockland Electric Company; Duquesne Light Company; Neptune Regional Transmission System, LLC; Trans-Allegheny Interstate Line Company; Linden VFT, LLC; American Transmission Systems, Incorporated; City of Cleveland, Department of Public Utilities, Division of Cleveland Public Power; Duke Energy Ohio, Inc.; Duke Energy Kentucky, Inc.; City of Hamilton, Ohio; Hudson Transmission Partners, LLC; East Kentucky Power Cooperative, Inc.; City of Rochelle; ITC Interconnection LLC; PJM Interconnection, L.L.C. E-5 ER17-706-001 GridLiance West Transco LLC. E-6 ER16-262-001 Uniper Global Commodities North America LLC. E-7 ER16-2186-000 Deseret Generation & Transmission Co-operative, Inc. E-8 ER18-465-000 Public Service Company of New Hampshire. E-9 ER18-164-000 Public Service Company of Colorado. E-10 ER17-156-002 Midcontinent Independent System Operator, Inc. E-11 ER13-102-009, ER13-102-010, ER13-102-011 New York Independent System Operator, Inc. E-12 ER15-2059-002, ER13-102-008, (Not Consolidated) New York Independent System Operator, Inc. E-13 EC18-21-000 Michigan Electric Transmission Company, LLC. E-14 EL17-83-000 Piedmont Municipal Power Agency v. Duke Energy Carolinas, LLC. E-15 EL18-50-000, QF17-581-001, QF17-582-001, QF17-583-002, QF17-584-001 Franklin Energy Storage One, LLC; Franklin Energy Storage Two, LLC; Franklin Energy Storage Three, LLC; Franklin Energy Storage Four, LLC. Miscellaneous M-1 RM18-7-000 Withdrawal of Pleadings. Gas G-1 OR18-2-000 Permian Express Terminal LLC and Permian Express Partners LLC. G-2 RP18-354-000 Chesapeake Energy Marketing, L.L.C. and Territory Resources LLC. G-3 RP15-1022-010, RP16-581-004, (Consolidated), Alliance Pipeline L.P. RP16-292-004, RP16-240-003, RP16-986-001, RP16-1045-001, (Not Consolidated) Hydro H-1 P-5-103 Confederated Salish and Kootenai Tribes Energy Keepers, Incorporated. H-2 P-10808-058 Boyce Hydro Power, LLC. H-3 P-10808-056 Boyce Hydro Power, LLC. H-4 CD18-1-001 Carson Tahoe Energy, LLC. Certificates C-1 CP08-454-000 LA Storage, LLC. C-2 CP17-257-000 WBI Energy Transmission, Inc. C-3 CP17-468-000 Texas Eastern Transmission, LP. C-4 CP17-46-000 Southern Natural Gas Company, L.L.C. C-5 CP15-499-000, CP15-499-001, CP17-26-000 Texas Eastern Transmission, LP; Pomelo Connector, LLC. Dated: February 8, 2018. Kimberly D. Bose, Secretary.

    A free webcast of this event is available through http://ferc.capitolconnection.org/. Anyone with internet access who desires to view this event can do so by navigating to www.ferc.gov's Calendar of Events and locating this event in the Calendar. The event will contain a link to its webcast. The Capitol Connection provides technical support for the free webcasts. It also offers access to this event via television in the DC area and via phone bridge for a fee. If you have any questions, visit http://ferc.capitolconnection.org/ or contact Danelle Springer or David Reininger at 703-993-3100.

    Immediately following the conclusion of the Commission Meeting, a press briefing will be held in the Commission Meeting Room. Members of the public may view this briefing in the designated overflow room. This statement is intended to notify the public that the press briefings that follow Commission meetings may now be viewed remotely at Commission headquarters, but will not be telecast through the Capitol Connection service.

    [FR Doc. 2018-03013 Filed 2-9-18; 11:15 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [9974-34-ORD] Ambient Air Monitoring Reference and Equivalent Methods; Designation of One New Reference Method AGENCY:

    Office of Research and Development; Environmental Protection Agency.

    ACTION:

    Notice of the designation of a new reference method for monitoring ambient air quality.

    SUMMARY:

    Notice is hereby given that the Environmental Protection Agency (EPA) has designated one new reference method for measuring concentrations of nitrogen dioxide (NO2) in ambient air.

    FOR FURTHER INFORMATION CONTACT:

    Robert Vanderpool, Exposure Methods and Measurements Division (MD-D205-03), National Exposure Research Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711. Phone: 919-541-7877. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with regulations at 40 CFR part 53, the EPA evaluates various methods for monitoring the concentrations of those ambient air pollutants for which EPA has established National Ambient Air Quality Standards (NAAQS) as set forth in 40 CFR part 50. Monitoring methods that are determined to meet specific requirements for adequacy are designated by the EPA as either reference or equivalent methods (as applicable), thereby permitting their use under 40 CFR part 58 by States and other agencies for determining compliance with the NAAQS. A list of all reference or equivalent methods that have been previously designated by EPA may be found at http://www.epa.gov/ttn/amtic/criteria.html.

    The EPA hereby announces the designation of one new reference method for measuring concentrations of NO2 in ambient air. This designation is made under the provisions of 40 CFR part 53, as amended on October 26, 2015 (80 FR 65291-65468).

    The new reference method for NO2 is an automated method (analyzer) utilizing the measurement principle based on gas phase chemiluminescence. This newly designated reference method is identified as follows:

    RFNA-0118-249, “Environnement S. A. Model AC32e and AC32e* Chemiluminescent NO, NOX, NO2 Analyzer,” operated with user selectable ranges of 0-1 ppm or 0-10 ppm, at any temperature in the range of 0 °C to 40 °C, equipped with a 5-micron PTFE sample inlet filter, molybdenum NOX converter operating at 340 °C, heated catalytic ozone scrubber, external pump, operating with a sample flow rate of 0.66 Lpm (1.00 Lpm with optional sample dryer), with an ozone flow rate of 0.06 Lpm, and operating from a 115V/60Hz, 230V/50Hz power source. Includes 7″ touch screen and USB and Ethernet outputs. Model AC32e* does not contain touch screen and communicates via user-provided computer, smartphone, or tablet. Analyzer operated and maintained in accordance with the Model AC32e Technical Manual.

    This application for a reference method determination for this NO2 method was received by the Office of Research and Development on December 6, 2017. This analyzer is commercially available from the applicant, Environment S.A., 111, bd Robespierre, 78300 Poissy, France.

    A representative test analyzer was tested in accordance with the applicable test procedures specified in 40 CFR part 53, as amended on October 26, 2015. After reviewing the results of those tests and other information submitted by the applicant, EPA has determined, in accordance with part 53, that this method should be designated as a reference method.

    As a designated reference method, this method is acceptable for use by states and other air monitoring agencies under the requirements of 40 CFR part 58, Ambient Air Quality Surveillance. For such purposes, this method must be used in strict accordance with the operation or instruction manual associated with the method and subject to any specifications and limitations (e.g., configuration or operational settings) specified in the designated method description (see the identification of the method above).

    Use of the method also should be in general accordance with the guidance and recommendations of applicable sections of the “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume I,” EPA/600/R-94/038a and “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume II, Ambient Air Quality Monitoring Program,” EPA-454/B-13-003, (both available at http://www.epa.gov/ttn/amtic/qalist.html). Provisions concerning modification of such methods by users are specified under Section 2.8 (Modifications of Methods by Users) of Appendix C to 40 CFR part 58.

    Consistent or repeated noncompliance with any of these conditions should be reported to: Director, Exposure Methods and Measurements Division (MD-E205-01), National Exposure Research Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711.

    Designation of this reference method is intended to assist the States in establishing and operating their air quality surveillance systems under 40 CFR part 58. Questions concerning the commercial availability or technical aspects of the method should be directed to the applicant.

    Dated: February 5, 2018. Timothy H. Watkins, Acting Director, National Exposure Research Laboratory.
    [FR Doc. 2018-02813 Filed 2-12-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OARM-2017-0752; FRL-9974-29-OARM] Proposed Information Collection Request; Comment Request; Background Checks for Contractor Employees (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency is planning to submit an information collection request (ICR), “Background Checks for Contractor Employees (Renewal)” (EPA ICR No. 2159.07, OMB Control No. 2030-0043) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through August 31, 2018. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before April 16, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-OARM-2017-0752 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:

    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.

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: The EPA uses contractors to perform services throughout the nation with regard to environmental emergencies involving the release, or threatened release, of oil, radioactive materials, or hazardous chemicals that may potentially affect communities and the surrounding environment. The Agency may request contractors responding to any of these types of incidents to conduct background checks and apply Government-established suitability criteria in Title 5 CFR Administrative Personnel 731.104 Appointments Subject to Investigation, 732.201 Sensitivity Level Designations and Investigative Requirements, and 736.102 Notice to Investigative Sources when determining whether employees are acceptable to perform on given sites or on specific projects. In addition to emergency response contractors, EPA may require background checks for contractor personnel working in sensitive sites or sensitive projects. The background checks and application of the Government's suitability criteria must be completed prior to contract employee performance. The contractor shall maintain records associated with all background checks. Background checks cover citizenship or valid visa status, criminal convictions, weapons offenses, felony convictions, and parties prohibited from receiving federal contracts.

    Form numbers: None.

    Respondents/affected entities: Private Contractors.

    Respondent's obligation to respond: Required to obtain a benefit per Title 5 CFR Administrative Personnel 731.104 Appointments Subject to Investigation, 732.201 Sensitivity Level Designations and Investigative Requirements, and 736.102 Notice to Investigative Sources.

    Estimated number of respondents: 1,000 (total).

    Frequency of response: Annual.

    Total estimated burden: 1,000 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $195,070 (per year), includes $0 annualized capital or operation & maintenance costs.

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

    Dated: January 31, 2018, Kimberly Y. Patrick, Director, Office of Acquisition Management.
    [FR Doc. 2018-02929 Filed 2-12-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2017-0640; FRL-9974-23-OECA] Proposed Information Collection Request; Comment Request; Recordkeeping Requirements for Producers, Registrants and Applicants of Pesticides and Pesticide Devices Under Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); EPA ICR Number 0143.13, OMB Control Number 2070-0028 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency is planning to submit an information collection request (ICR), Recordkeeping Requirements for Producers, Registrants and Applicants of Pesticides and Pesticide Devices under Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (EPA ICR No. 0143.13, OMB Control No. 2070-0028) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through September 30, 2018. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before April 16, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-OECA-2017-0640, 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:

    Michelle Stevenson, Office of Compliance, Monitoring, Assistance, and Media Programs Division, Pesticides, Waste & Toxics Branch (2225A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-4203; fax number: (202) 564-0085; email: [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 is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: Producers of pesticides and pesticide devices must maintain certain records with respect to their operations and make such records available for inspection and copying as specified in Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and in regulations at 40 CFR part 169. This information collection is mandatory under FIFRA Section 8. It is used by the Agency to determine compliance with FIFRA. The information is used by EPA Regional pesticide enforcement and compliance staffs, the Office of Enforcement and Compliance Assurance (OECA), and the Office of Pesticide Programs (OPP) within the Office of Chemical Safety and Pollution Prevention (OCSPP), as well as the U.S. Department of Agriculture (USDA), the Food and Drug Administration (FDA), and other Federal agencies, States under Cooperative Enforcement Agreements, and 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.

    Form Numbers: None.

    Respondents/affected entities: Producers of pesticides and pesticide devices for sale or distribution in or exported to the United States.

    Respondent's obligation to respond: Mandatory (40 CFR 169).

    Estimated number of respondents: 14,447 (total).

    Frequency of response: Annual.

    Total estimated burden: 28,894

    Total estimated cost: $3,500,508. There are no annualized capital or O&M costs associated with this ICR since all equipment associated with this ICR is present as part of ordinary business practices.

    Changes in estimates: There is a decrease of 5,694 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is an adjustment due to a change in the number of respondents since the last ICR.

    Dated: January 11, 2018. Edward J. Messina, Director, Office of Compliance/MAMPD.
    [FR Doc. 2018-02931 Filed 2-12-18; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended, and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP); Funding Opportunity Announcement (FOA), IP18-001, Reducing Disparities in Vaccination Coverage by Poverty Status Among Young Children and IP18-003, Understanding and Addressing the Disparity in Vaccination Coverage Among U.S. Adolescents Living in Rural versus Urban Areas.

    Dates: March 20, 2018 and March 21, 2018.

    Time: 10:00 a.m.-5:00 p.m. (EDT)

    Place: Teleconference, Centers for Disease Control and Prevention, Room 1080, 8 Corporate, Atlanta, GA 30329.

    Agenda: To review and evaluate grant applications.

    For Further Information Contact: Gregory Anderson, M.S., M.P.H., Scientific Review Officer, CDC, 1600 Clifton Road NE, Mailstop E-60, Atlanta, Georgia 30333, (404) 718-8833, [email protected].

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register Notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02826 Filed 2-12-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Lead Exposure and Prevention Advisory Committee (LEPAC); Notice of Establishment ACTION:

    Notice of charter establishment.

    SUMMARY:

    Pursuant to the Section 2203 of Public Law 114-322 (Water Infrastructure Improvements for the Nation Act)(Registry for Lead Exposure and Advisory Committee), and the Federal Advisory Committee Act of October 6, 1972, the Director, Centers for Disease Control and Prevention (CDC), announces the establishment of the Lead Exposure and Prevention Advisory Committee. The Lead Exposure and Prevention Advisory Committee shall, at a minimum: (1) Review the Federal programs and services available to individuals and communities exposed to lead; (2) review current research on lead exposure to identify additional research needs; (3) review and identify best practices, or the need for best practices regarding lead screening and the prevention of lead poisoning; (4) identify effective services, including services relating to healthcare, education, and nutrition for individuals and communities affected by lead exposure and lead poisoning, including in consultation with, as appropriate, the lead exposure registry as established in Section 2203(b) of Public Law 114-322; and (5) undertake any other review or activities that the Secretary determines to be appropriate. This advisory committee will review research and Federal programs and services related to lead poisoning and to identify effective services and best practices for addressing and preventing lead exposures in communities.

    FOR FURTHER INFORMATION CONTACT:

    Perri Ruckart, M.P.H., Epidemiologist, CDC, 4770 Buford Highway NE, Atlanta, Georgia 30341, telephone (770) 488-3808; [email protected].

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02823 Filed 2-12-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended, and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; (SEP) DP18-001, Etiology and Outcome of Inflammatory Bowel Disease.

    Date: April 11, 2018.

    Time: 11:00 a.m.-6:00 p.m., EDT.

    Place: Teleconference.

    Agenda: To review and evaluate grant applications.

    For Further Information Contact: Jaya Raman Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway, Mailstop F80, Atlanta, Georgia 30341, Telephone: (770) 488-6511, [email protected].

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02829 Filed 2-12-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended, and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP); DD18-001, Birth Defects Study To Evaluate Pregnancy exposureS (BD-STEPS) II.

    Date: April 18, 2018.

    Time: 10:00 a.m.-6:00 p.m., EDT.

    Place: Teleconference.

    Agenda: To review and evaluate grant applications.

    For Further Information Contact: Jaya Raman, Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway, Mailstop F80, Atlanta, Georgia 30341, Telephone: (770) 488-6511, [email protected].

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02825 Filed 2-12-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Solicitation of Nominations for Appointment to the Advisory Committee on Breast Cancer in Young Women (ACBCYW) ACTION:

    Notice.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the ACBCYW. The ACBCYW consists of 15 experts in fields associated with breast cancer, disease prevention, early detection, diagnosis, public health, social marketing, genetic screening and counseling, treatment, rehabilitation, palliative care, and survivorship in young women, or in related disciplines with a specific focus on young women. Nominations are being sought for individuals who have expertise and qualifications necessary to contribute to the accomplishments of the committee's objectives. Nominees will be selected based on expertise in the fields of breast health, breast cancer, disease prevention and risk reduction, survivorship (including metastatic breast cancer), hereditary breast and ovarian cancer (HBOC), or in related disciplines with a specific focus on young women. Persons with personal experience with early onset breast cancer are also eligible to apply. This includes, but may not be limited to breast cancer survivors <45 years of age and caregivers of said persons. Federal employees will not be considered for membership. Members may be invited to serve up to four-year terms. Selection of members is based on candidates' qualifications to contribute to the accomplishment of ACBCYW objectives (http://www.cdc.gov/maso/facm/facmacbcyw.html).

    DATES:

    Nominations for membership on the ACBCYW must be received no later than March 26, 2018. Packages received after this time will not be considered for the current membership cycle.

    ADDRESSES:

    All nominations should be mailed to Temeika L. Fairley, Ph.D. c/o ACBCYW Secretariat, Centers for Disease Control and Prevention, 3719 North Peachtree Road, Building 100 Chamblee, Georgia 30341, or emailed (recommended) to [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Temeika L. Fairley, Ph.D., Designated Federal Officer, National Center for Chronic Disease Prevention and Health Promotion, CDC, 4770 Buford Highway NE, Mailstop F-76, Atlanta, Georgia 30341; 770-488-4518; [email protected]

    SUPPLEMENTARY INFORMATION:

    The U.S. Department of Health and Human Services policy stipulates that committee membership be balanced in terms of points of view represented, and the committee's function. Appointments shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, gender identity, HIV status, disability, and cultural, religious, or socioeconomic status. Nominees must be U.S. citizens, and cannot be full-time employees of the U.S. Government. Current participation on federal workgroups or prior experience serving on a federal advisory committee does not disqualify a candidate; however, HHS policy is to avoid excessive individual service on advisory committees and multiple committee memberships. Committee members are Special Government Employees, requiring the filing of financial disclosure reports at the beginning and annually during their terms. CDC reviews potential candidates for ACBCYW membership each year, and provides a slate of nominees for consideration to the Secretary of HHS for final selection. HHS notifies selected candidates of their appointment near the start of the term in December 2018, or as soon as the HHS selection process is completed. Note that the need for different expertise varies from year to year and a candidate who is not selected in one year may be reconsidered in a subsequent year.

    Nominees must be U.S. citizens, and cannot be full-time employees of the U.S. Government. Candidates should submit the following items:

    Current curriculum vitae, including complete contact information (telephone numbers, mailing address, email address);

    At least one letter of recommendation from person(s) not employed by the U.S. Department of Health and Human Services. (Candidates may submit letter(s) from current HHS employees if they wish, but at least one letter must be submitted by a person not employed by an HHS agency (e.g., CDC, NIH, FDA, etc.).

    Nominations may be submitted by the candidate him- or herself, or by the person/organization recommending the candidate.

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02827 Filed 2-12-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Notice of closed meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended, and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP) Funding Opportunity Announcement (FOA), PAR 16-098, Cooperative Research Agreements to the World Trade Center Health Program (U01).

    Dates: April 11, 2018 and April 12, 2018.

    Times: 8:00 a.m.-5:00 p.m., EDT, April 11, 2018 and 8:00 a.m.-2:00 p.m. EDT, April 12, 2017.

    Place: Courtyard Marriott Decatur Downtown/Emory, 130 Clairemont Avenue, Decatur, Georgia 30030, Telephone: (404)371-0204.

    Agenda: To review and evaluate grant applications.

    For Further Information Contact: Nina Turner, Ph.D., Scientific Review Officer, CDC/NIOSH, 1095 Willowdale Road, Mailstop G905, Morgantown, West Virginia 26505, Telephone: (304) 285-5975.

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02824 Filed 2-12-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Statement of Organization, Functions, and Delegations of Authority

    Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 81 FR 84583-84591, dated November 23, 2016) is amended to reflect the reorganization of the National Center for Environmental Health, Office of Noncommunicable Diseases, Injury and Environmental Health, Centers for Disease Control and Prevention.

    Section C-B, Organization and Functions, is hereby amended as follows:

    Delete in its entirety the titles and mission and function statements for the National Center for Environmental Health (CUG) and insert the following:

    National Center for Environmental Health (CUG). Plans, directs, and coordinates a national program to maintain and improve the health of the American people by promoting a healthy environment and by preventing premature death and avoidable illness and disability caused by non infectious, non occupational environmental and related factors. In carrying out this mission, the Center: (1) Assists in increasing the capacity of States to prevent and control environmental public health problems through training, technology transfer, grants, cooperative agreements, contracts, and other means; (2) provides services, advice, technical assistance, and information to State and local public health officials, other Federal agencies, academic, professional, international, and private organizations, and the general public; (3) plans for and provides emergency response assistance to States, localities, other Federal agencies, and international organizations; (4) identifies, designs, develops, implements, influences, and evaluates interventions to reduce or eliminate environmental hazards, exposures to these hazards, and adverse health outcomes resulting from exposure to these hazards; (5) measures, estimates, and predicts the incidence of adverse health outcomes through surveillance, surveys, and registries; (6) measures, estimates, and predicts the incidence of exposure to substances, conditions, or forces in the environment through surveillance, surveys, and registries; (7) describes and evaluates associations between environmental exposures and adverse health outcomes by using information from surveillance systems, surveys, registries, epidemiologic and laboratory studies, and by developing and maintaining a broad base of normative and diagnostic laboratory data; (8) develops and validates advanced laboratory technology for diagnosing selected chronic diseases and for assessing exposure and health effects in persons exposed or potentially exposed to environmental toxicants or other environmental agents; (9) develops and validates new epidemiologic techniques for use in study of the effects of exposure to environmental hazards; (10) provides leadership in coordinating efforts in States and in national and international organizations concerned with standardizing selected laboratory measurement systems; (11) conducts special programs, e.g., coordination and review of Environmental Impact Statements; and (12) in carrying out the above functions, collaborates, as appropriate, with other Centers/Institute/Offices of CDC.

    Office of the Director (CUG1). (1) Manages, directs, coordinates, and evaluates all health-related programs of National Center for Environmental Health and Agency for Toxic Substances and Disease Registry (NCEH & ATSDR); (2) provides overall leadership in health-related activities for hazardous substances, hazardous waste sites and chemical releases; (3) provides overall coordination for the research programs and science policies of the agencies; (4) develops goals and objectives and provides leadership, policy formulation, scientific oversight, and guidance in program planning and development; (5) provides overall programmatic direction for planning and management oversight of allocated resources, human resource management and administrative support; (6) provides information, publication and distribution services to NCEH & ATSDR; (7) maintains liaison with other Federal, State, and local agencies, institutions, and organizations; (8) coordinates NCEH & ATSDR program activities with other CDC components, other Federal, State and local Government agencies, the private sector, and other nations; and (9) directs and coordinates activities in support of the Department's Equal Employment Opportunity program and employee development.

    Office of Communication (CUG12). (1) Serves as the principal advisor to the center director and divisions on communication and marketing science, research, practice, and public affairs; (2) leads center strategic planning for communication and marketing science and public affairs programs and projects; (3) analyzes context, situation, and environment to inform center-wide communication and marketing programs and projects; (4) ensures use of scientifically sound research for marketing and communication programs and projects; (5) ensures accurate, accessible, timely, and effective translation of science for use by multiple audiences; (6) leads identification and implementation of information dissemination channels; (7) provides communication and marketing project management expertise; (8) collaborates with external organizations and the news, public service, and entertainment and other media to ensure that scientific findings and their implications for public health reach the intended audiences; (9) collaborates closely with divisions to produce materials tailored to meet the requirements of news and other media channels, including press releases, letters to the editor, public service announcements, television programming, video news releases, and other electronic and printed materials; (10) coordinates the development and maintenance of accessible public information through the internet, social media and other applicable channels; (11) provides training and technical assistance in the areas of health communication, risk communication, social marketing, and public affairs; (12) manages or coordinates communication services such as internet/Intranet, application development, social media, video production, graphics, photography, CDC name/logo use and other brand management; (13) provides editorial services, including writing, editing, and technical editing; (14) facilitates internal communication to center staff and allied audiences; (15) supervises and manages Office of Communications activities, programs, and staff; (16) serves as liaison to internal and external groups to advance the center's mission; (17) collaborates with the CDC Office of the Associate Director for Communication on media relations, electronic communication, health media production, and brand management activities; (18) collaborates with the Office of Public Health Preparedness and Response and other NCEH & ATSDR entities to fulfill communication responsibilities in emergency response situations; (19) collaborates with other CDC Centers/Institute/Offices in the development of marketing communications targeted to populations that would benefit from a cross-functional approach; and (20) ensures NCEH & ATSDR materials meet CDC and Department of Health and Human Services standards.

    Office of Policy, Partnerships and Planning (CUG13). (1) Coordinates, develops, recommends and implements strategic planning and tracking for NCEH & ATSDR; (2) develops and coordinates performance management to ensure achievement of goals in NCEH & ATSDR programs; (3) participates in reviewing, coordinating, and preparing legislation, briefing documents, Congressional testimony, and other legislative matters; (4) maintains liaison and coordinates with other Federal agencies for program planning and performance; (5) assists in the development of NCEH & ATSDR budget and program initiatives; (6) provides liaison with staff offices and other officials of CDC; (7) monitors and prepares reports on health-related activities to comply with provisions of relevant legislation; (8) coordinates the development, review, and approval of Federal regulations, Federal Register announcements, Freedom Of Information Act requests, GAO and IG reports, and related activities; (9) develops and strengthens strategic partnerships with key constituent groups; and (10) facilitates communication between NCEH & ATSDR and its partners.

    Office of Management and Analytics (CUG14). (1) Plans, manages, directs, and conducts the administrative and financial management operations of NCEH & ATSDR; (2) reviews the effectiveness and efficiency of administration and operation of all NCEH & ATSDR programs; (3) develops and directs systems for human resource management, financial services, procurement requisitioning, and travel authorization; (4) provides and coordinates services for the extramural award activities of NCEH & ATSDR; (5) formulates and provides overall programmatic direction for planning and management oversight of allocated resources, human resource management and administrative support; (6) develops and directs a system for cost recovery; (7) enables and supports NCEH & ATSDR data management, systems development, and information security needs; (8) directs and coordinates activities in support of the Department's Equal Employment Opportunity program and employee development; (9) coordinates employee training programs; (10) develops and directs employee engagement programs; (11) analyzes NCEH & ATSDR workforce, systems, and resources; and (12) manages and conducts a record management program for NCEH & ATSDR in accordance with Congressional mandate.

    Office of Science (CUG15). (1) Ensures NCEH & ATSDR compliance with the various statutes, regulations, and policies governing the conduct of science by the federal government, including: Human subjects research determinations, the protection of human research subjects and the use of Institutional Review Boards (IRBs), the OMB Paperwork Reduction Act (relating to the collection of information from ten or more people in a 12-month period), the OMB Information Quality Bulletin, Confidentiality Protection, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA, and its “Privacy Rule”); and others; (2) develops and maintains the NCEH & ATSDR Clearance Policy and managing and conducting clearance for NCEH & ATSDR documents; (3) coordinates and manages document cross-clearance between NCEH & ATSDR and other parts of CDC; facilitating center reviews of external documents, coordinating and managing information quality requests concerning NCEH & ATSDR documents; (4) coordinates and manages external peer review for NCEH & ATSDR documents and intramural programs; (5) coordinates and manages the activities of the NCEH & ATSDR Board of Scientific Counselors (a Federal Advisory Committee) and its subcommittees and workgroups; (6) coordinates interagency workgroups/committees such as the President's Task Force on Environmental Health Risks and Safety Risks to Children, and the National Toxicology Program Executive Committee; (7) coordinates and manages NCEH & ATSDR involvement in the Epidemic Intelligence Service Program; (8) coordinates NCEH & ATSDR involvement in CDC public health ethics activities; (9) coordinates NCEH & ATSDR involvement in CDC science awards activities (e.g., the Shepard Award, and CDC/ATSDR Honor Awards); (10) organizes and sponsors select training opportunities (e.g., Human Subjects/IRB, OMB/PRA, and eClearance Training for Authors and Reviewers); (11) represents NCEH & ATSDR on various CDC/ATSDR committees, work groups, and task forces, such as the CDC/ATSDR Office of the Chief Science Officer's Excellence in Science Committee, and the CDC Surveillance Science Advisory Group; (12) coordinates NCEH & ATSDR global health activities; (13) coordinates and manages the NCEH & ATSDR Healthy People 2020; (14) prepares an annual inventory of NCEH & ATSDR publications; and (15) pursuant to the National Environmental Policy Act, reviews draft Environmental Impact Statements on behalf of HHS where the proposed federal actions impact human health.

    Division of Laboratory Sciences (CUGD). (1) Provides advanced laboratory science to improve the detection, diagnosis, treatment, and prevention of environmental, tobacco-related, nutritional, newborn, selected chronic and selected infectious diseases; (2) provides advanced laboratory science to rapidly and accurately detect chemical threat agents, radiologic threat agents, and selected toxins; (3) develops, maintains, and applies unique, rapid, and high-quality measurement techniques to assess disease risk, identify harmful environmental exposures or nutrition deficiencies among Americans, and respond to public health emergencies (4) provides laboratory measurements in collaborative studies of human disease and vulnerable populations; (5) provides technical assistance, technology transfer, reference laboratory measurements, laboratory standardization programs, and external quality assurance to state and local public health laboratories and health officials; Federal agencies; international organizations; academic, international, and private laboratories; and professional organizations to continuously improve the accuracy, precision, and cost effectiveness of laboratory tests for environmental chemicals, nutrition indicators, heart disease, stroke and newborn screening; and (6) collaborates with other CDC organizations; Federal, State, and local agencies; and private and professional organizations to investigate new or emerging health concerns.

    Inorganic and Radiation Analytical Toxicology Branch (CUGDC). (1) Develops, maintains, and distributes, as appropriate, analytical methods to measure trace essential and toxic elements in human specimens; (2) applies analytical methods to assess human exposure to chemicals, including surveillance of levels in the population, epidemiologic studies, and emergency-response investigations; (3) provides training, guidance, and assistance to state and local governments, and domestic and international laboratories in the development, maintenance, and technology transfer of analytical capability for measuring trace-essential and toxic elements in specimens from people and animals; (4) develops and maintains analytical capability and expertise, and distributes, as appropriate, standards, reference materials, and protocols for measuring chemicals in response to both terrorist and non-terrorist events; (5) distributes, as appropriate, standards, reference materials, and protocols to assist state, international, and other laboratories in transferring laboratory technology for urine iodine biomonitoring, blood metals biomonitoring, and radiologic analyses; and (6) provides technical assistance and guidance to governmental agencies, academia, and professional societies regarding quality control issues related to biomonitoring for inorganic and radiologic chemicals.

    Clinical Chemistry Branch (CUGDD). (1) Develops and maintains analytical methods and expertise in the measurement, interpretation and standardization of chronic disease biomarkers, chemicals known to cause disease or health concerns, and biological toxins; (2) develops, establishes and maintains laboratory standardization and improvement programs to assist state, national and international agencies and organizations to better diagnose, treat and prevent selected chronic diseases and infectious diseases; (3) applies these analytical methods and standardization procedures to: Assess chronic disease status or human exposure to environmental chemicals, toxins, and pathogens; standardize disease biomarker measurements; and improve the safety and quality of biological preparations; (4) provides laboratory science to diagnose diseases caused by selected viral and bacterial organisms, and assess the effectiveness of disease treatment and prevention efforts; and (5) provides review, expert consultation, technical assistance, training, guidance and/or original scientific publications and information to federal, state, local and international investigations, surveys, studies, and/or government inquiries on topics related to human exposure assessment, standards development, analytical instrumentation as well as prevalence, risk factors, and treatment of chronic diseases, exposure to environmental chemicals, influenza, toxins and human pathogens.

    Organic Analytical Toxicology Branch (CUGDE). (1) Develops and maintains analytical methods to measure selected synthetic and naturally occurring organic chemicals, their metabolites, and reaction products (adducts) in human specimens; (2) applies these analytical methods to assess human exposures to these chemicals for many purposes, including surveillance of levels in the population, epidemiological studies, and emergency response investigations; (3) aids in transferring these methods within Division laboratories and to state, local and other public health laboratories; (4) develops and prepares various matrix-based quality control materials for use in such analyses; and (5) provides review, expert consultation, and original scientific publications/information to Federal, state, local, and international governments and health organizations on topics related to human exposure assessment, organic analytical methodology, high technology analytical instrumentation, preparation and analysis of biological specimens, quality control procedures, laboratory safety, and medical interpretation of laboratory findings.

    Newborn Screening and Molecular Biology Branch (CUGDG). (1) Provides leadership, technical consultation and assistance in laboratory testing for newborn screening, genetic and other diseases of public health importance to State Public Health laboratories, Federal agencies, academic centers, professional organizations, international laboratories, and manufacturers of diagnostic products involved in performing relevant laboratory measurements; (2) provides leadership, oversight and administration of the dried-blood spot (DBS) quality assurance program that is necessary for both domestic and international laboratories that screen for newborn disorders including metabolic conditions as well as inherited genetic and other select treatable adverse conditions in newborns; (3) develops, evaluates, standardizes, and maintains laboratory methods for biochemical and genetic assays for diseases of public health significance, immune disorders, DBS assays utilized by newborn screening programs worldwide; and (4) evaluates and refines existing and emerging laboratory technologies for measurement and study of biomarkers for clinical applications and population-based screening for diseases and genetic risk factors of public health importance.

    Emergency Response Branch (CUGDH). (1) Develops and maintains analytical methods to measure, in human specimens, toxic substances that are known or potential agents for use in chemical terrorism; (2) applies these measurements in response to chemical terrorism or chemical exposure emergencies and, as part of a coordinated Federal response, deploys a rapid response laboratory team to assist in obtaining human specimens for analysis; (3) transfers technology, provides training, and provides technical assistance for measurement of chemical agents in human specimens to a network of laboratories that provide additional capacity for responding to chemical terrorism; (4) provides review and expert consultation to Federal, state, local and international governments and health organizations on assessing and interpreting biomonitoring measurements of chemical agents likely to be used in terrorism; and (5) for toxic substances of public health concern but unlikely to be involved in chemical terrorism, transfers biomonitoring technology (including analytical methods), provides biomonitoring training, and provides technical assistance in biomonitoring to state laboratories.

    Nutritional Biomarkers Branch (CUGDJ). (1) Develops and maintains analytical methods and expertise in the measuring and interpreting of physiologic levels of essential nutrients, nonessential nutrients, and relevant metabolites; (2) develops and maintains analytical methods to measure bioactive dietary compounds, other than those needed to meet basic human nutritional needs, that are responsible for changes in health status; (3) applies analytical methods to assess human nutritional status or exposure to bioactive dietary compounds for purposes including surveillance of levels in the population, epidemiological studies, intervention trails, and emergency-response investigations; (4) provides technical assistance, training, and guidance to national, state, international, and local investigations, surveys, food fortification and clinical studies of nutritional status, prevalence, risk factors, and treatment of chronic diseases; and (5) develops, maintains, and distributes, as appropriate, standards, reference materials, protocols, standardization programs, and external quality assessment programs to assist state, international, and other laboratories in transferring laboratory technology and in establishing and maintaining quality control and calibration of methods for nutritional biomarkers and markers of physiologic changes.

    Tobacco and Volatiles Branch (CUGDK). (1) Develops, maintains, and applies analytical methods to measure biomarkers of exposure to toxic substances and applies these analytical methods to assess human exposures to volatile organic compounds for many purposes; (2) develops and maintains analytical methods and measures addictive and toxic substances in tobacco products, in tobacco smoke and in the blood, urine and saliva of smokers and persons exposed to tobacco smoke; (3) determines how different tobacco additives and changes in product construction and design affect delivery of addictive and toxic substances from tobacco products to people; (4) for the U.S. population, regularly measures the percent of persons who are smokers and the exposure of Americans to the major toxic constituents of tobacco smoke; (5) for the U.S. population, regularly measures the exposure of Americans to secondhand smoke; and (6) collaborates in human studies of disease risk associated with direct and secondhand tobacco smoke exposure and use of other tobacco products.

    Division of Environmental Health Science and Practice (CUGE). (1) Provides national and international leadership for the coordination, delivery, and evaluation of environmental health interventions and services; (2) advances environmental public health practice to better serve and protect the health of all people in the United States; (3) develops methods and conducts activities to assess risk to human populations from exposure to environmental hazards; (4) conducts and disseminates findings of surveillance, epidemiologic research, environmental assessments, and other scientific investigations of human exposure to environmental hazards; (5) develops mechanisms to disseminate information on environmental health interventions, risks, technologies, and best practices to state, tribal, local, and territorial health departments and to other agencies with related responsibilities; (6) maintains liaison with and serves as a primary federal resource for consultation and specialized technical assistance to federal, state, tribal, local, and territorial agencies; other national, international, and private organizations; and academic institutions for environmental health issues; (7) provides consultation and technical assistance on the development and implementation of environmental health programs addressing the prevention of human health problems associated with environmental hazards; (8) serves as CDC lead on safe water issues with focus on an all-hazards approach to recreational water, drinking water systems, private wells, and other private drinking water sources; (9) serves as CDC lead for control and prevention of environmental causes of Legionnaires' disease; (10) serves as CDC lead for prevention of environmental causes of foodborne illnesses and outbreaks; (11) operates a model vessel sanitation program that includes the development of standards, inspection of vessels, sanitation and disease prevention training of the cruise ship industry, conducting gastrointestinal (GI) illness surveillance and disease outbreak investigations on vessels sailing internationally; (12) provides guidance and technical assistance to the cruise ship industry on the control and prevention of GI illnesses on vessels; (13) plans, develops, implements, and evaluates training programs, workshops, technical manuals and guidance, and model standards to strengthen the technical capacity of environmental health practitioners in constituent agencies and organizations, including state, tribal, local, and territorial governments; (14) provides leadership in the development and implementation of asthma control programs and strategies to reduce the asthma exacerbations and deaths; (15) serves as CDC lead for epidemiologic research and investigations of respiratory diseases, other illnesses related to air pollutants, and outbreaks of acute respiratory diseases related to environmental hazards; (16) serves as CDC lead for climate-related public health activities; (17) provides national and international leadership and support in the development, implementation and use of environmental health surveillance through the National Environmental Public Health Tracking Program and related efforts for climate, asthma, lead, radiation, and other environmentally related conditions; (18) serves as the CDC lead for the elimination and prevention of childhood lead poisoning; (19) provides radiation health expertise and leadership in areas addressing public exposures to radiation including environmental exposures, medical exposures, and nuclear/radiological emergency preparedness and response; (20) serves as the HHS and CDC lead for public health oversight associated with chemical weapons demilitarization processes and related activities conducted by the Department of Defense and its contractors; (21) conducts emergency response and associated field studies to address natural or man-made events, disease outbreaks, and requests for epidemiologic, toxicologic, or other environmental health assistance from federal, state, local, territorial, tribal or international governments; (22) ensures the participation and involvement of the public and other stakeholders in the division's programs, as appropriate; and (23) coordinates division activities with other CDC components and HHS agencies, as appropriate.

    Office of the Director (CUGE1). (1) Plans, directs and manages the activities of the division; (2) directs strategic planning and alignment with NCEH & ATSDR mission, goals, and priorities; (3) coordinates cross-cutting activities on children's health, healthy homes, tribal activities, surveillance harmonization, emergency preparedness, and workforce development; (4) serves as a conduit to intra and inter-agency entities through active collaborations, strategic planning efforts and formal exchange with emergency preparedness and response stakeholders including intelligence, legislative, & budgetary entities; (5) coordinates NCEH and ATSDR emergency management resources to support efforts to protect the public's health from environmental threats; and (6) provides incident management and coordination for complex emergency management including the development, approval, and updating of standardized processes to enable appropriate and adequate management of resources.

    Water, Food, and Environmental Health Services Branch (CUGEB). (1) Advances environmental public health practice to better serve and protect the health of all people in the United States; (2) provides leadership on safe water activities from an environmental public health perspective, with particular focus on an all-hazards approach to recreational water, drinking water systems, household wells, and other private drinking water sources; (3) investigates risks for exposure to and health effects from contaminants in drinking water to identify hazardous exposures and develop recommendations for minimizing exposure and reducing public health risks; (4) disseminates, communicates, and promotes information to protect communities from adverse health impacts from water pollutants; (5) serves as CDC lead for prevention of environmental causes of foodborne illnesses and outbreaks; (6) develops methods and conducts activities to ensure the translation of new technology and prevention research findings into prevention and control programs and activities at the state, tribal, local, and territorial levels (especially for water and food safety); (7) develops technical guidelines and model standards for environmental health program areas addressed at the state, tribal, local, and territorial levels (especially for water and food safety); (8) promotes and assists in the determination and investigation of environmental antecedents and solutions to disease problems, especially when potentially related to waterborne or foodborne agents; (9) develops, implements, and evaluates training programs and workshops, develops model performance standards, and provides decision support tools to strengthen professional competency among environmental health practitioners at the state, tribal, local, and territorial levels; (10) supports state and local environmental health programs through information exchange, direct technical assistance, and evaluation of existing programs; (11) supports the professional development of environmental health practitioners through collaboration with schools of public and environmental health, state, tribal, local, and territorial health agencies, and others; (12) serve as NCEH & ATSDR lead for vector-borne disease, in collaboration with and support of other CDC components; (13) serves as national and international model and CDC lead for comprehensive vessel sanitation operational inspections and oversight for vessels that have a foreign itinerary, call on U.S. ports, and carry 13 or more passengers, including the following responsibilities: (a) Ensures and coordinates epidemiologic investigations of GI illness outbreaks occurring aboard vessels within CDC's jurisdiction, (b) conducts syndromic surveillance for GI illness among passengers and crew for all voyages on vessels under CDC's jurisdiction, (c) plans, implements, and evaluates sanitation training for cruise ship supervisors, (d) reviews plans for vessel renovations and new vessel construction, and conducts construction inspections, (e) disseminates information on vessel sanitation inspections and other related information to the traveling public, (f) provides direct technical assistance to cruise lines, other U.S. government agencies, foreign governments, and others on the development and maintenance of vessel sanitation standards and policies; and (14) coordinates activities through the division and with other components of CDC; other federal, state, tribal, local, and territorial government agencies; and other public and private organizations, as appropriate.

    Asthma and Community Health Branch (CUGEC). (1) Develops, implements, and evaluates the National Asthma Control Program to reduce asthma morbidity and mortality and to address asthma disparities; (2) conducts epidemiologic research and investigations of asthma morbidity and mortality; (3) supports surveillance activities for asthma, and other respiratory diseases as appropriate, to quantify burden and guide interventions; (4) identifies the evidence for and promotes and tracks interventions that reduce the burden of asthma, focusing on populations with a disproportionate burden of the disease; (5) develops and disseminates training, tools and other resources to strengthen and sustain asthma control activities and technical capacity among program partners at the national, state, local, territorial, and tribal level; (6) provides technical consultation to state, local, private, international, and other federal agencies on asthma control, surveillance, epidemiology, and evaluation; (7) disseminates, communicates, and promotes information from surveillance and health studies related to asthma control to diverse audiences; (8) assesses the strength of evidence on air pollution exposures and public health; (9) conducts epidemiologic research and investigations of non-occupational human exposure to air pollutants and their potential health effects; (10) develops methods for assessing exposure and risk to human health from air pollutants and, in selected circumstances, conducts exposure and risk assessments; (11) designs and evaluates behavioral, policy, technological, and community design interventions to reduce exposures to air pollution and improve health; (12) facilitates international efforts to reduce indoor air pollution from cookstoves; (13) develops and coordinates training and decision support tools to strengthen and sustain air pollution activities and technical capacity among program partners at the national, state, local, territorial, and tribal level; (14) provides consultation to federal, state, local, territorial, tribal, private, and international agencies on non-occupational environmental issues related to air pollutants; (15) disseminates, communicates, and promotes information to protect communities from adverse health impacts from air pollution; (16) conducts epidemiologic research into the potential health effects of climate change and climate variability; (17) develops methods for assessing current and projected future risk to human health from climate change and climate variability; (18) designs and evaluates public health adaptation and intervention strategies for reducing the impacts of climate change and climate variability on health; (19) develops and coordinates training and decision support tools to strengthen and sustain public health adaptation activities related to climate change and climate variability; (20) helps build technical capacity among program partners at the national, state, local, territorial, and tribal level; (21) provides consultation to state, local, private, international, and other federal agencies on human health issues related to climate change and climate variability; (22) disseminates, communicates, and promotes information about public health adaptation to climate change and climate variability to diverse audiences; (23) enhances healthy community design by helping public health, and transportation by providing convenient and safe opportunities to walk, bicycle, and use public transit; (24) develops and maintains quality partnerships with key program stakeholders; and (25) coordinates asthma, air, and climate activities through the division and with other components of CDC; other federal, state, tribal, local, and territorial government agencies; and other public and private organizations, as appropriate.

    Lead Poisoning Prevention and Environmental Health Tracking Branch (CUGED). (1) Implements the National Environmental Public Health Tracking Program, establishing goals and objectives to ensure the provision of information from a nationwide network of integrated health and environmental data that drives actions to improve the health of communities; (2) establishes standards, processes, and protocols to guide scientific activities and content in the National Environmental Public Health Tracking Network and component state, local, territorial and tribal networks; (3) provides standardized and integrated health, environmental, and hazard data from multiple information systems at the national, state, and local levels; (4) fills key environmental health data and information gaps through application of novel and nontraditional data, technologies, tools and methods; (5) coordinates development of training, workforce capacity, and infrastructure to support and sustain environmental public health tracking among program partners at the national, state, local, territorial, and tribal level; (6) develops tools and products used to synthesize environmental public health surveillance data to support public health decision making at the national, state, and local levels; (7) continually modernizes and enhances the tracking network's underlying IT and informatics technology to address stakeholder information needs; (8) develops and maintains quality partnerships with key environmental public health tracking stakeholders; (9) facilitates communication and coordination of environmental public health tracking activities across and within health and environmental agencies; (10) facilitates and conducts scientific activities for environmental public health tracking; (11) disseminates, communicates, and promotes use of environmental public health tracking information to diverse audiences; (12) conducts continuous quality improvement for environmental public health tracking activities; (13) establishes goals and objectives for a national childhood lead poisoning prevention program for CDC, which includes reduction of lead exposures from all sources, including lead-based paint and lead in water; (14) works with U.S. Department of Housing and Urban Development, U.S. Environmental Protection Agency, U.S. Department of Agriculture, U.S. Department of Energy, National Institute of Standards and Technology and other agencies to develop and implement an integrated national program to eliminate childhood lead poisoning; (15) serves as the lead agency for coordinating efforts designed to achieve national program objectives and performance standards related to the prevention of childhood lead poisoning; (16) provides consultation and assistance to federal agencies, state and local health agencies, and others in planning, developing, and implementing childhood lead poisoning prevention programs; (17) develops, conducts, and evaluates epidemiologic research on childhood lead poisoning, its causes, geographic distribution, trends and risk factors; (18) assists state and local government agencies by providing epidemiologic assistance for special studies and investigations related to childhood lead poisoning prevention; (19) develops and helps implement, in concert with other federal agencies, national organizations, and other appropriate groups, a training agenda for health professionals and workers related to childhood lead poisoning prevention activities; (20) provides support to the CDC/NCEH Federal Advisory Committee relevant to lead poisoning prevention; and (21) coordinates environmental health surveillance/tracking and childhood lead poisoning prevention activities through the division and with other components of CDC; other federal, state, tribal, local, and territorial government agencies; and other public and private organizations, as appropriate.

    Emergency Management, Radiation, and Chemical Branch (CUGEE). (1) Provides scientifically based technical assistance and guidance to state, local, tribal, and territorial health departments to safeguard the American public against radiation exposures; (2) provides radiation-related education, training, and information to the public health and clinician communities and the general public; (3) collaborates with public health partners in state, tribal, local, territorial, federal, international, and nongovernment organizations on radiation-related health issues; (4) supports the ability of CDC and HHS staff to prepare for and respond to nuclear/radiological emergencies; (5) explores emerging radiation-related health threats; (6) serves as the HHS and CDC lead for activities related to chemical weapons demilitarization; (7) conducts reviews of Department of Defense (DOD) chemical demilitarization plans, calling on appropriate experts within and outside CDC and HHS; (8) reviews air monitoring and analytical plans and performance for demilitarization of chemical weapons; (9) ensures that adequate provisions are made for public health and worker safety during chemical demilitarization activities; (10) coordinates activities with DOD agencies and state and local health and environmental agencies concerning chemical demilitarization plans and operations, including the evaluation of medical readiness; (11) performs site visits before and during chemical demilitarization operations; (12) reviews and provides relevant public health information to health professionals and the public, and ensures the participation and involvement of the public and other stakeholders, as appropriate; (13) reviews and evaluates closure plans for chemical demilitarization including decontamination and waste-handling activities; (14) reviews on-site emergency response plans for chemical demilitarization activities; (15) conducts epidemiologic research and investigations of human exposure and health effects related to environmental hazards (excluding foodborne illness outbreaks and lead, air and water pollution) of the following types: (a) Physical agents, (b) chemical and metal agents, including those causing acute effects and other more long-term effects such as carcinogenesis, mutagenesis, and teratogenesis, (c) biological agents, including both technologic and natural toxins and/or allergens (except infectious disease-causing agents), (d) natural and technologic disasters, including natural events such as floods, drought, tornadoes, cyclones, earthquakes, and volcanic eruptions, and events resulting from human activities, (e) diseases and syndromes of uncertain etiology and/or potentially related to environmental hazards, (f) multipollutant or multimedia studies, (g) emerging environmental topics that may impact public health; (16) provides epidemiologic leadership, technical assistance, and guidelines related to investigation and communications of disease clusters; (17) provides epidemiologic and statistical support to other environmental health programs as appropriate; (18) develops methods and activities directed toward assessing risk to human populations from exposure to environmental hazards; (19) provides surveillance, epidemiologic emergency response for, and epidemiologic study of natural and other environmental disasters; (20) provides consultation to state, local, and other federal agencies, as well as to international and private organizations, on environmental health issues; (21) provides public health guidance and resources based on scientific evidence to state, tribal, local, territorial, and international public health departments so that they may prepare and respond to environmental public health events (such as unplanned releases and spills); (22) works in collaboration across NCEH & ATSDR and other CDC components to respond to and, where designated, provide technical assistance on HHS activities associated with emergency response to technological and environmental disasters; (23) provides technical assistance, as appropriate, on health consultations and assistance in the medical care and testing of exposed individuals to private or public health care providers in cases of public health emergencies; (24) develops, implements, and manages programs to enhance the emergency response readiness of CDC and other national, regional, state, local, and international public health organizations; (25) develops capacity within the states to integrate new and existing epidemiological and scientific principles into operational and programmatic expertise in emergency preparedness, response, and recovery; (26) identifies and shares best practices from all academic and operational fields to develop appropriate technical assistance for state and local departments of health for all-hazards preparedness, response, and recovery; (27) provides technical assistance related to the development of contingency plans, training, and operational liaison activities with other agencies and response teams engaged in emergency responses; (28) coordinates activities through the division and with other components of CDC; other federal, state, tribal, local, and territorial government agencies; and other public and private organizations, as appropriate; (29) supports NCEH and ATSDR emergency management efforts to protect the public's health from environmental threats; (31) facilitates situational awareness, fusion, and outreach by developing and disseminating timely assessments of evolving events, courses of action, and communication to intra and inter-agency partners; (32) supports incident management and coordination for complex emergency management including the development, approval, and updating of standardized processes to enable appropriate and adequate management of resources; (33) serves as the NCEH & ATSDR subject matter experts for facilitating emergency management planning, training, and exercise; including identification of requirements, key skillsets/capabilities, capacity, and critical gaps in our preparedness posture; (34) works with the National Response Program and CDC guidelines to collaborate with stakeholders during emergency response situations; and (35) provides technical information and site-specific support in addressing the health issues presented by emergency or acute release events, and on the nature, extent, status, and implications of ongoing, emerging, and evolving threats and subsequent efforts to reduce their adverse impacts.

    Sherri Berger, Chief Operating Officer, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02821 Filed 2-12-18; 8:45 am] BILLING CODE 4160-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-18-18LQ; Docket No. CDC-2018-0015] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies the opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection project titled “Assessment of Occupational Injury among Fire Fighters Using a Follow-back Survey.” The purpose of this project is to collect follow-back telephone interview data from injured and exposed fire fighters treated in emergency departments (EDs) and produce a descriptive summary of these injuries and exposures.

    DATES:

    CDC must receive written comments on or before April 16, 2018.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2018-0015 by any of the following methods:

    Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. CDC will post, without change, all relevant comments to Regulations.gov.

    Please note: Submit all Federal comments through the Federal eRulemaking portal (regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to the OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    The OMB is particularly interested in comments that will help:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    3. Enhance the quality, utility, and clarity of the information to be collected; and

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

    5. Assess information collection costs.

    Proposed Project

    Assessment of Occupational Injury among Fire Fighters Using a Follow-back Survey—New—National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Studies have reported that fire fighters have high rates of non-fatal injuries and illnesses as compared to the general worker population. As fire fighters undertake many critical public safety activities and are tasked with protecting the safety and health of the public, it follows that understanding and preventing injuries and exposures among fire fighters will have a benefit reaching beyond the workers to the general public.

    As mandated in the Occupational Safety and Health Act of 1970 (Pub. L. 91-596), the mission of NIOSH is to conduct research and investigations on occupational safety and health. Related to this mission, the purpose of this project is to conduct research that will provide a detailed description of non-fatal occupational injuries and exposures incurred by fire fighters. This information will offer detailed insight into events that lead to the largest number of nonfatal injuries and exposures among fire fighters. The project will use two related data sources. The first source is data abstracted from medical records of fire fighters treated in a nationally stratified sample of emergency departments. These data are routinely collected through the occupational supplement to the National Electronic Injury Surveillance System (Neiss-Work). The second data source, for which NIOSH is seeking OMB approval for three years, is responses to telephone interview surveys of the injured and exposed fire fighters identified within Neiss-Work.

    The proposed telephone interview surveys will supplement Neiss-Work data with an extensive description of fire fighter injuries and exposures, including worker characteristics, injury types, injury circumstances, injury outcomes, and use of personal protective equipment. Previous reports describing occupational injuries and exposures to fire fighters provide limited details on specific regions or sub-segments of the population. As compared to these earlier studies, the scope of the telephone interview data will be broader as it includes sampled cases nationwide and has no limitations in regards to type of employment (i.e., volunteer versus career). Results from the telephone interviews will be weighted and reported as national estimates.

    The sample size for the telephone interview survey is estimated to be approximately 240 fire fighters annually for the proposed three year duration of the study. This is based on the number of fire fighters identified in previous years of Neiss-Work data and a 30 to 40% response rate that is comparable to the rate of previously conducted National Electronic Injury Surveillance System telephone interview studies. Each telephone interview will take approximately 30 minutes to complete, resulting in an annualized burden estimate of 120 hours. Using the routine Neiss-Work data, an analysis of all identified EMS workers will be performed to determine if there are differences between the telephone interview responder and non-responder groups.

    The Division of Safety Research (DSR) within NIOSH is conducting this project. DSR has a strong interest in improving surveillance of fire fighter injuries and exposures to provide the information necessary for effectively targeting and implementing prevention efforts and, consequently, reducing occupational injuries and exposures to fire fighters. The Consumer Product Safety Commission (CPSC) will also contribute to this project, as they are responsible for coordinating the collection of all Neiss-Work data and for overseeing the collection of all telephone interview data.

    There is no cost to respondents other than their time.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total
  • burden
  • (in hours)
  • Fire fighters Follow-back survey 240 1 30/60 120 Total 120
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02887 Filed 2-12-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Solicitation of Nominations for Appointment to the Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry (BSC, NCEH/ATSDR) ACTION:

    Notice.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the BSC, NCEH/ATSDR. The BSC, NCEH/ATSDR consists of 16 experts in fields associated with environmental public health or in related disciplines (e.g., environmental law, preventive medicine, epidemiology, occupational and environmental health, environmental toxicology, environmental justice, laboratory sciences, risk assessment, public policy, behavioral social science, and health economics). Nominations are being sought for individuals who have expertise and qualifications necessary to contribute to the accomplishments of the Board's objectives. Nominees will be selected based on expertise in the fields of environmental public health or related disciplines (e.g., environmental law, preventive medicine, epidemiology, occupational and environmental health, environmental toxicology, environmental justice, laboratory sciences, risk assessment, public policy, behavioral social science, and health economics). Federal employees will not be considered for membership. Members may be invited to serve for up to four-year terms. Selection of members is based on candidates' qualifications to contribute to the accomplishment of BSC, NCEH/ATSDR objectives https://www.atsdr.cdc.gov/science/.

    DATES:

    Nominations for membership on the BSC, NCEH/ATSDR must be received no later than April 29, 2018. Packages received after this time will not be considered for the current membership cycle.

    ADDRESSES:

    All nominations should be mailed to Shirley Little, Program Analyst, NCEH/ATSDR, CDC, 4770 Buford Highway (MS-F45), Atlanta, Georgia 30341, Email addresses: [email protected]. Telephone and facsimile submissions cannot be accepted.

    FOR FURTHER INFORMATION CONTACT:

    Shirley Little, NCEH/ATSDR Program Analyst, CDC, 4770 Buford Highway, Atlanta, Georgia 30341, telephone (770) 488-0577; [email protected].

    SUPPLEMENTARY INFORMATION:

    The U.S. Department of Health and Human Services policy stipulates that committee membership be balanced in terms of points of view represented, and the committee's function. Appointments shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, gender identity, HIV status, disability, and cultural, religious, or socioeconomic status. Nominees must be U.S. citizens, and cannot be full-time employees of the U.S. Government. Current participation on federal workgroups or prior experience serving on a federal advisory committee does not disqualify a candidate; however, HHS policy is to avoid excessive individual service on advisory committees and multiple committee memberships. Committee members are Special Government Employees, requiring the filing of financial disclosure reports at the beginning and annually during their terms. CDC reviews potential candidates for BSC, NCEH/ATSDR membership each year, and provides a slate of nominees for consideration to the Secretary of HHS for final selection. HHS notifies selected candidates of their appointment near the start of the term in June, or as soon as the HHS selection process is completed. Note that the need for different expertise varies from year to year and a candidate who is not selected in one year may be reconsidered in a subsequent year.

    Nominees must be U.S. citizens, and cannot be full-time employees of the U.S. Government. Candidates should submit the following items:

    Current curriculum vitae, including complete contact information (telephone numbers, mailing address, email address)

    At least one letter of recommendation from person(s) not employed by the U.S. Department of Health and Human Services. (Candidates may submit letter(s) from current HHS employees if they wish, but at least one letter must be submitted by a person not employed by an HHS agency (e.g., CDC, NIH, FDA, etc.).

    Nominations may be submitted by the candidate him- or herself, or by the person/organization recommending the candidate.

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2018-02828 Filed 2-12-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request

    Title: 2019 National Survey of Early Care and Education.

    OMB No.: 0970-0391.

    Description: The Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), is proposing a data collection activity as part of the 2019 National Survey of Early Care and Education (NSECE) to be conducted October 2018 through August 2019. The objective of the 2019 NSECE is to document the nation's current supply of early care and education services (that is, home-based providers, center-based providers, and the center-based provider workforce). The 2019 NSECE will collect information on child care and early education providers that serve families with children from birth to 13 years in the country, as well as the early care and education (ECE) workforce providing these services. The proposed collection will consist of three coordinated nationally representative surveys:

    1. A survey of individuals providing care for children under the age of 13 in a residential setting (Home-based Provider Interview),

    2. A survey of providers of care to children ages 0 through 5 years of age (not yet in kindergarten) in a non-residential setting (Center-based Provider Interview), and

    3. A survey conducted with individuals employed in center-based child care programs working directly with children in classrooms (Workforce Interview).

    Both the home-based and center-based provider surveys will require a screener to determine eligibility for the main survey.

    The 2019 NSECE data collection efforts will provide urgently needed information about the supply of child care and early education available to families across all income levels, including providers serving low-income families of various racial, ethnic, language, and cultural backgrounds, in diverse geographic areas. The provider data will include programs that do or do not participate in the child care subsidy program, are regulated, registered, or otherwise appear in state or national lists and are home-based providers or, center-based programs (e.g., private, community-based child care, Head Start, and state or local Pre-K). Accurate data on the availability and characteristics of early care and education programs are essential to assess the current and changing landscape of child care and early education programs since the 2012 NSECE data collection, and to provide insights to advance policy and initiatives in the ECE field.

    Respondents: Home-based providers serving children under 13 years, center-based child care providers (including public schools) serving children ages 0 through 5 years of age (not yet in kindergarten), and selected instructional staff members from these center-based child care providers.

    Annual Burden Hours Instrument Annual
  • number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Estimated
  • annual
  • burden hours
  • Home-Based Provider Interview, including Screener 4,000 1 .67 2,680 Home-based Provider Screener, no interview 2,015 1 .03 60 Center-Based Provider Interview, including Screener 7,800 1 .8 6,240 Center-based Provider Screener, no interview 7,640 1 .1 764 Workforce Provider Interview 5,600 1 .33 1,848 Estimated Total Annual Burden Hours 11,592

    In compliance with the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research, and Evaluation, Switzer Building, 330 C Street SW, Washington, DC 20201, Attn: OPRE Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    The Department specifically requests comments on (a) 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; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Mary Jones, ACF/OPRE Certifying Officer.
    [FR Doc. 2018-02869 Filed 2-12-18; 8:45 am] BILLING CODE 4184-23-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-6888] Neurological Devices Panel of the Medical Devices Advisory Committee; Amendment of Notice AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing an amendment to the notice of meeting of the Neurological Devices Panel of the Medical Devices Advisory Committee. This meeting was announced in the Federal Register of December 28, 2017. The amendment is being made to reflect a change in the Procedure portion of the document. There are no other changes.

    FOR FURTHER INFORMATION CONTACT:

    Aden Asefa, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. G642, Silver Spring, MD 20993-0002, [email protected], 301-796-0400, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area) code NE. Please call the Information Line for up-to-date information on this meeting.

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of December 28, 2017, 82 FR 61574, FDA announced that a meeting of the Neurological Devices Panel of the Medical Devices Advisory Committee would be held on March 1, 2018, from 8 a.m. to 6 p.m. On page 61574, in the 3rd column, the Procedure portion of the document is changed to read as follows:

    Procedure: FDA will work with affected industry organizations that have an interest in intracranial aneurysm treatment devices and who wish to make a presentation separate from the general Open Public Hearing; time slots on March 1, 2018, between approximately 9:40 a.m. and 11 a.m. Representatives from industry organizations interested in making formal presentations to the committee should notify the contact person on or before February 16, 2018.

    Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before February 16, 2018. Oral presentations from the public will be scheduled between approximately 11 a.m. and 12 noon. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before February 9, 2018. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled Open Public Hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by February 12, 2018.

    This notice is issued under the Federal Advisory Committee Act (5 U.S.C. app. 2) and 21 CFR part 14, relating to the advisory committees.

    Dated: February 6, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02766 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0235] Orthopaedic Sensing, Measuring, and Advanced Reporting Technology Devices; Public Workshop; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public workshop; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA, the Agency, or we) is announcing the following public workshop entitled “Orthopaedic Sensing, Measuring, and Advanced Reporting Technology (SMART) Devices.” The purpose of the public workshop is to discuss the development of Orthopaedic SMART Devices. The workshop is intended to enhance engagement with stakeholders to facilitate device development and to discuss scientific and regulatory challenges associated with Orthopaedic SMART Devices. Public input and feedback gained through this workshop may aid in the efficient development of innovative, safe, and effective Orthopaedic SMART Devices for better patient care.

    DATES:

    The public workshop will be held on April 30, 2018, from 8:30 a.m. to 5 p.m. Submit either electronic or written comments on this public workshop by May 29, 2018. See the SUPPLEMENTARY INFORMATION section for registration date and information.

    ADDRESSES:

    The public workshop will be held at FDA's White Oak Campus, 10903 New Hampshire Ave., Bldg. 31, Rm. 1503 (The Great Room), Silver Spring, MD 20993. Entrance for the public workshop participants (non-FDA employees) is through Building 1 where routine security check procedures will be performed. For parking and security information, please refer to https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before May 29, 2018. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of May 29, 2018. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2018-N-0235 for “Orthopaedic Sensing, Measuring, and Advanced Reporting Technology Devices; Public Workshop; Request for Comments.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Andrew Baumann, Food and Drug Administration, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 62, Rm. 2110, Silver Spring, MD 20993, 301-796-2508, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is sponsoring a public workshop to discuss the engineering, clinical, regulatory, cybersecurity, and real world evidence aspects of Orthopaedic SMART Devices. The technologies of interest incorporate sensor equipped implants and instruments that generate information related to orthopaedic device performance and patient health. FDA understands that these technologies will play a role in the future of orthopaedics by providing objective data to the appropriate stakeholder that may optimize patient care. A public discussion of these topics will help the orthopaedic medical device community better understand the development of and considerations for these technologies. The workshop may help FDA and stakeholders prepare for the submittal and review of related applications.

    II. Topics for Discussion at the Public Workshop

    The public workshop will consist of presentations and panel discussions. Presentations will frame the topic and provide information on specific aspects of orthopaedic SMART device technology. Following the presentations, moderated discussions will ask speakers and additional panelists to provide their individual perspectives. Four rounds of presentations and panel discussions will cover the following topics:

    • Engineering/Technology (morning)

    This session will introduce orthopaedic sensor technologies and cover the current state of research and industry adoption. Future applications of these technologies will be explored.

    • Clinical/Patient perspective (morning)

    This session will cover the importance and potential utility of these technologies for clinicians and patients. Considerations for adopting these new technologies into existing health care paradigms will be discussed.

    • Cybersecurity (afternoon)

    This session will cover current cybersecurity issues and considerations. An overview of FDA's cybersecurity considerations and guidance documents will be presented.

    • Regulatory Considerations (afternoon)

    This session will discuss FDA's current and evolving thinking on Digital Health, clinical study considerations, including the role of real-world evidence, relevant guidance documents, and evidence generation related to Orthopaedic SMART Devices.

    A detailed agenda will be posted on the following website in advance of the workshop: https://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm and select this event from the list of items provided.

    III. Participating in the Public Workshop

    Registration: To register for the public workshop, please visit FDA's Medical Devices News & Events—Workshops & Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list.) Please provide complete contact information for each attendee, including name, title, affiliation, address, email, and telephone.

    Registration is free and based on space availability, with priority given to early registrants. Persons interested in attending this public workshop must register by April 20, 2018, by 4 p.m. Eastern Time. Early registration is recommended because seating is limited; therefore, FDA may limit the number of participants from each organization. Registrants will receive confirmation when they have been accepted. If time and space permit, onsite registration on the day of the public workshop will be provided beginning at 7:30 a.m. We will let registrants know if registration closes before the day of the public workshop.

    If you need special accommodations due to a disability, please contact Susan Monahan, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5231, Silver Spring, MD 20993-0002, 301-796-5661, email: [email protected], no later than April 16, 2018.

    Streaming Webcast of the Public Workshop: This public workshop will also be webcast. The webcast link will be available on the registration web page after April 20, 2018. Organizations are requested to register all participants, but to view using one connection per location.

    If you have never attended a Connect Pro event before, test your connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program, visit https://www.adobe.com/go/connectpro_overview. FDA has verified the website addresses in this document, as of the date this document publishes in the Federal Register, but websites are subject to change over time.

    Transcripts: Please be advised that as soon as a transcript of the public workshop is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff (see ADDRESSES). A link to the transcript will also be available approximately 45 days after the public workshop on the internet at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list).

    Dated: February 8, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02923 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0180] Agency Information Collection Activities; Proposed Collection; Comment Request; Generic Clearance for the Collection of Quantitative Data on Tobacco Products and Communications AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on “Generic Clearance for the Collection of Quantitative Data on Tobacco Products and Communications.”

    DATES:

    Submit either electronic or written comments on the collection of information by April 16, 2018.

    ADDRESSES:

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before April 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of April 16, 2018. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2018-N-0180 for “Generic Clearance for the Collection of Quantitative Data on Tobacco Products and Communications.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Amber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.

    With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    Generic Clearance for the Collection of Quantitative Data on Tobacco Products and Communications OMB Control Number 0910-0810—Extension

    In order to conduct educational and public information programs relating to tobacco use as authorized by section 1003(d)(2)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 393(d)(2)(D)), FDA's Center for Tobacco Products will create and use a variety of media to inform and educate the public, tobacco retailers, and health professionals about the risks of tobacco use, how to quit using tobacco products, and FDA's role in regulating tobacco.

    To ensure that these health communication messages have the highest potential to be received, understood, and accepted by those for whom they are intended, the Center for Tobacco Products will conduct research and studies relating to the control and prevention of disease. In conducting such research, FDA will employ formative pretests. Formative pretests are conducted on a small scale, and their focus is on developing and assessing the likely effectiveness of communications with specific target audiences. This type of research involves: (1) Assessing audience knowledge, attitudes, behaviors, and other characteristics for the purpose of determining the need for and developing health messages, communication strategies, and public information programs and (2) pretesting these health messages, strategies, and program components while they are in developmental form to assess audience comprehension, reactions, and perceptions.

    Formative pretesting is a staple of best practices in communications research. Obtaining voluntary feedback from intended audiences during the development of messages and materials is crucial for the success of every communication program. The purpose of obtaining information from formative pretesting is that it allows FDA to improve materials and strategies while revisions are still affordable and possible. Formative pretesting can also avoid potentially expensive and dangerous unintended outcomes caused by audiences' interpreting messages in a way that was not intended by the drafters. By maximizing the effectiveness of messages and strategies for reaching targeted audiences, the frequency with which tobacco communication messages need to be modified should be greatly reduced.

    The voluntary information collected will serve the primary purpose of providing FDA information about the perceived effectiveness of messages, advertisements, and materials in reaching and successfully communicating with their intended audiences. Quantitative testing messages and other materials with a sample of the target audience will allow FDA to refine messages, advertisements, and materials, including questionnaires or images, directed at consumers while the materials are still in the developmental stage.

    FDA estimates the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 1 Activity Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total annual
  • responses
  • Average burden
  • per response
  • Total hours
    Screener 130,500 1 130,500 0.083 (5 minutes) 10,831 Self-Administered Surveys 27,000 1 27,000 0.33 (20 minutes) 8,910 Total 19,741 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

    The number of respondents to be included in each new survey will vary, depending on the nature of the material or message being tested and the target audience. The burden for this information collection extension is proposed to increase by 12,613 hours since the last OMB approval. The burden increase is due to an increase in the number of respondents and the categories of respondents.

    Dated: February 7, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02852 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0409] Mallinkrodt Pharmaceuticals LLC; Withdrawal of Approval of an Abbreviated New Drug Application for PEMOLINE Tablets, 18.75 Milligrams, 37.5 Milligrams, and 75 Milligrams AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is withdrawing the approval of abbreviated new drug application (ANDA) 075726 for PEMOLINE Tablets, 18.75 milligrams (mg), 37.5 mg, and 75 mg, held by Mallinkrodt Pharmaceuticals, LLC (Mallinkrodt). Mallinkrodt requested withdrawal of this application and has waived its opportunity for a hearing.

    DATES:

    Approval is withdrawn as of February 13, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Kristiana Brugger, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6262, Silver Spring, MD 20993, 301-796-3600.

    SUPPLEMENTARY INFORMATION:

    FDA approved ANDA 075726 for PEMOLINE Tablets, 18.75 mg, 37.5 mg, and 75 mg, on March 30, 2001, for the conditions of use in the labeling of new drug application (NDA) 016832, the reference listed drug on which it relied. However, on October 24, 2005, FDA announced its concern that the overall liver toxicity risk of CYLERT (NDA 016832) and generic pemoline products outweighed the benefits of these products. Mallinkrodt and other holders of approved applications for PEMOLINE products ceased marketing them at that time. Indeed, Mallinkrodt stated in its May 15, 2013, request for withdrawal of approval of ANDA 075726 that it had never manufactured or distributed its product after it received approval of its application.

    In the Federal Register of October 4, 2016 (81 FR 68427), FDA erroneously included ANDA 075726 in a list of drug applications for which approval was being withdrawn under § 314.150(c) (21 CFR 314.150(c)). In a separate notice published in this issue of the Federal Register, FDA corrects that notice to remove ANDA 075726 from the list of applications whose approval was withdrawn under § 314.150(c). In addition, for the reasons discussed above, and pursuant to Mallinkrodt's request, FDA is withdrawing approval of ANDA 075726, and all amendments and supplements thereto, under § 314.150(d). Distribution of PEMOLINE Tablets, 18.75 mg, 37.5 mg, and 75 mg, in interstate commerce without an approved application is illegal and subject to regulatory action (see sections 505(a) and 301(d) of the FD&C Act (21 U.S.C. 355(a) and 331(d)).

    Dated: February 8, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02925 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-E-0780] Determination of Regulatory Review Period for Purposes of Patent Extension; VASCEPA AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or the Agency) has determined the regulatory review period for VASCEPA and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that human drug product.

    DATES:

    Anyone with knowledge that any of the dates as published (in the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by April 16, 2018. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by August 13, 2018. See “Petitions” in the SUPPLEMENTARY INFORMATION section for more information.

    ADDRESSES:

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before April 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of April 16, 2018. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2013-E-0780 for “Determination of Regulatory Review Period for Purposes of Patent Extension; VASCEPA.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive.

    A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human drug products, the testing phase begins when the exemption to permit the clinical investigations of the drug becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human drug product and continues until FDA grants permission to market the drug product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of USPTO may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human drug product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B).

    FDA has approved for marketing the human drug product VASCEPA (icosapent ethyl). VASCEPA is indicated as an adjunct to diet to reduce triglyceride levels in adult patients with severe (≥500 mg/dL) hypertriglyceridemia. Subsequent to this approval, the USPTO received a patent term restoration application for VASCEPA (U.S. Patent No. 8,188,146) from Amarin Pharmaceuticals Ireland Limited, and the USPTO requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated August 31, 2016, FDA advised the USPTO that this human drug product had undergone a regulatory review period and that the approval of VASCEPA represented the first permitted commercial marketing or use of the product. Thereafter, the USPTO requested that FDA determine the product's regulatory review period.

    II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for VASCEPA is 1,133 days. Of this time, 828 days occurred during the testing phase of the regulatory review period, while 305 days occurred during the approval phase. These periods of time were derived from the following dates:

    1. The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became effective: June 21, 2009. The applicant claims June 22, 2009, as the date the investigational new drug application (IND) became effective. However, FDA records indicate that the IND effective date was June 21, 2009, which was 30 days after FDA receipt of the IND.

    2. The date the application was initially submitted with respect to the human drug product under section 505(b) of the FD&C Act: September 26, 2011. FDA has verified the applicant's claim that the new drug application (NDA) for VASCEPA (NDA 202057) was initially submitted on September 26, 2011.

    3. The date the application was approved: July 26, 2012. FDA has verified the applicant's claim that NDA 202057 was approved on July 26, 2012.

    This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the USPTO applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 58 days of patent term extension.

    III. Petitions

    Anyone with knowledge that any of the dates as published are incorrect may submit either electronic or written comments and, under 21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as specified in § 60.30 (21 CFR 60.30), any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period. To meet its burden, the petition must comply with all the requirements of § 60.30, including but not limited to: Must be timely (see DATES), must be filed in accordance with § 10.20, must contain sufficient facts to merit an FDA investigation, and must certify that a true and complete copy of the petition has been served upon the patent applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30.

    Submit petitions electronically to https://www.regulations.gov at Docket No. FDA-2013-S-0610. Submit written petitions (two copies are required) to the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: February 5, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02851 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0536] Vaccines and Related Biological Products Advisory Committee; Notice of Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) announces a forthcoming public advisory committee meeting of the Vaccines and Related Biological Products Advisory Committee (VRBPAC). The general function of the committee is to provide advice and recommendations to the Agency on FDA's regulatory issues. At least one portion of the meeting will be closed to the public.

    DATES:

    The meeting will be held on March 1, 2018, from 8 a.m. to 5 p.m.

    ADDRESSES:

    FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-0002. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

    For those unable to attend in person, the meeting will also be webcast and will be available at the following link: https://collaboration.fda.gov/vrbpac030118.

    FOR FURTHER INFORMATION CONTACT:

    Serina Hunter-Thomas or Rosanna Harvey, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 6338, Silver Spring, MD 20993-0002, 240-402-5771, [email protected] and 240-402-8072, [email protected], or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the Federal Register about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.

    SUPPLEMENTARY INFORMATION:

    Agenda: On March 1, 2018, under Topic I, the Center for Biologics Evaluation and Research's (CBER) VRBPAC will meet in open session to hear an overview of the research program in the Laboratory of Mucosal Pathogens and Cellular Immunology (LMPCI), Division of Bacterial, Parasitic and Allergenic Products (DBPAP), Office of Vaccines Research and Review (OVRR), CBER, FDA. Also on March 1, 2018, under Topic II, the committee will meet in open session to discuss and make recommendations on the selection of strains to be included in the influenza virus vaccines for the 2018-2019 influenza season. FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its website prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's website after the meeting. Background material is available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting link.

    Procedure: On March 1, 2018, from 8 a.m. to 9:15 a.m., and 9:45 a.m. to 5 p.m., the meeting is open to the public. Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before February 22, 2018. Oral presentations from the public will be scheduled between approximately 9 a.m. to 9:15 a.m. for the overview portion of the LMPCI Site Visit portion of the meeting, and 2:10 p.m. to 2:55 p.m. for the flu strain selection portion of the meeting. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before February 21, 2018. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by February 22, 2018.

    Closed Committee Deliberations: On March 1, 2018, from 9:15 a.m. to 9:45 a.m., the meeting will be closed to permit discussion where disclosure would constitute a clearly unwarranted invasion of personal privacy (5 U.S.C. 552b(c)(6)). The recommendations of the advisory committee regarding the progress of the investigator's research will, along with other information, be used in making decisions regarding pay adjustments of service fellows or promotion and permanent staff regarding individual scientists.

    We believe that public discussion of these recommendations on individual scientists would constitute an unwarranted invasion of personal privacy.

    Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.

    FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with disabilities. If you require accommodations due to a disability, please contact Serina Hunter-Thomas at least 7 days in advance of the meeting.

    FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our website at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures on public conduct during advisory committee meetings.

    Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).

    Dated: February 7, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02853 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-D-0342] Bacillus Calmette-Guérin-Unresponsive Nonmuscle Invasive Bladder Cancer: Developing Drugs and Biologics for Treatment; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance for industry entitled “Bacillus Calmette-Guérin (BCG)-Unresponsive Nonmuscle Invasive Bladder Cancer: Developing Drugs and Biologics for Treatment.” This guidance was developed to assist in the development of drugs and biologics for patients with a form of bladder cancer that is not amenable to currently available medical therapy and remains an unmet medical need. This guidance finalizes the draft guidance of the same name issued on November 18, 2016.

    DATES:

    The announcement of the guidance is published in the Federal Register on February 13, 2018.

    ADDRESSES:

    You may submit either electronic or written comments on Agency guidances at any time as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2018-D-0342 for “BCG-Unresponsive Nonmuscle Invasive Bladder Cancer: Developing Drugs and Biologics for Treatment; Guidance for Industry.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

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

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

    You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).

    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002, or Office of Communication, Outreach, and Development, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document.

    FOR FURTHER INFORMATION CONTACT:

    V. Ellen Maher, Center for Drug Evaluation and Research, Food and Drug Administration,10903 New Hampshire Ave., Bldg. 22, Rm. 2352, Silver Spring, MD 20993-0002, 301-796-5017; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

    SUPPLEMENTARY INFORMATION: I. Background

    FDA is announcing the availability of a guidance for industry entitled “BCG-Unresponsive Nonmuscle Invasive Bladder Cancer: Developing Drugs and Biologics for Treatment.” This guidance was developed to assist in the development of drugs and biologics for patients with a form of bladder cancer that is not amenable to currently available medical therapy and remains an unmet medical need. This guidance finalizes the draft guidance of the same name issued on November 18, 2016 (81 FR 81778). Changes made to the guidance took into consideration written and verbal comments received. In addition to editorial changes made primarily for clarification, noteworthy substantive changes are as follows: Clarification of the definition of BCG-unresponsive disease and detailed information concerning the definition of complete response.

    This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on BCG-unresponsive nonmuscle invasive bladder cancer. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. This guidance is not subject to Executive Order 12866.

    II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR parts 312 and 314 have been approved under OMB control numbers 0910-0014 and 0910-0001, respectively.

    III. Electronic Access

    Persons with access to the internet may obtain the guidance at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm, or https://www.regulations.gov.

    Dated: February 7, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02871 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0188] Proposal To Refuse To Approve a New Drug Application for Oxycodone Hydrochloride Immediate-Release Oral Capsules, 5 Milligrams, 15 Milligrams, and 30 Milligrams; Opportunity for a Hearing AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Director of the Center for Drug Evaluation and Research (Center Director) of the Food and Drug Administration (FDA or Agency) is proposing to refuse to approve a new drug application (NDA) submitted by Pharmaceutical Manufacturing Research Services, Inc. (PMRS) for oxycodone hydrochloride (HCl) immediate-release (IR) oral capsules, 5 milligrams (mg), 15 mg, and 30 mg in its present form. This notice summarizes the grounds for the Center Director's proposal and offers PMRS an opportunity to request a hearing on the matter.

    DATES:

    Submit either electronic or written requests for a hearing by March 15, 2018; submit data, information, and analyses in support of the hearing and any other comments by April 16, 2018.

    ADDRESSES:

    You may submit hearing requests, documents in support of the hearing, and any other comments as follows. Please note that late, untimely filed requests and documents will not be considered. Electronic requests for a hearing must be submitted on or before March 15, 2018; electronic documents in support of the hearing and any other comments must be submitted on or before April 16, 2018. The https://www.regulations.gov electronic filing system will accept hearing requests until midnight Eastern Time at the end of March 15, 2018, and will accept documents in support of the hearing and any other comments until midnight Eastern Time at the end of April 16, 2018. Documents received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before these dates.

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2018-N-0188, for “Proposal to Refuse to Approve a New Drug Application for Oxycodone Hydrochloride Immediate-Release Oral Capsules, 5 Milligrams, 15 Milligrams, and 30 Milligrams; Opportunity for a Hearing.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Patrick Raulerson, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6260, Silver Spring, MD, 20993, 301-796-3522, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Proposal To Refuse To Approve NDA 209155

    PMRS submitted NDA 209155 for oxycodone HCl IR oral capsules in 5 mg, 15 mg, and 30 mg strengths (oxycodone HCl IR capsules) under section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(b)(2)), proposing to rely in part on the Agency's previous finding of safety and effectiveness for ROXICODONE (oxycodone HCl) IR Tablets (NDA 021011). PMRS proposed that its oxycodone HCl IR capsules be indicated for the management of acute pain severe enough to require an opioid analgesic and for which alternative treatments are inadequate. PMRS also attempted to show that the product had certain abuse-deterrent properties and sought FDA approval of labeling describing those properties.

    On November 16, 2017, the Division of Anesthesia, Analgesia, and Addiction Products of FDA's Center for Drug Evaluation and Research (CDER) issued a complete response letter to PMRS under § 314.110(a) (21 CFR 314.110(a)) stating that NDA 209155 could not be approved in its present form, describing the specific deficiencies, and, where possible, recommending ways PMRS might remedy these deficiencies. The deficiencies include the following:

    1. The application in its present form is not approvable with the proposed labeling describing abuse-deterrent properties, for multiple reasons. In particular, (1) the oxycodone in the formulation can be readily extracted in commonly available solvents into a solution suitable for injection; (2) there were insufficient data showing the presence of excipients (including dye) in the formulation can be expected to deter abuse by injection; (3) the data submitted were insufficient to show the product was meaningfully resistant to manipulation for misuse or abuse; and (4) there were not data submitted, including data from pharmacokinetic and human abuse liability studies, fully characterizing the product's abuse potential by all relevant routes of abuse. Also, the data submitted were not sufficient to rule out the possibility that the proposed formulation could result in a greater proportion of abuse by injection of PMRS's product compared to a conventional IR oxycodone formulation. Abuse by injection carries greater risk of overdose and transmission of infectious disease than abuse by other routes.

    2. The safety and purity of the excipients intended (but not shown) to confer abuse deterrent properties were not adequately characterized, either by the intended oral route of use or by expected routes of abuse, including injection.

    3. An overall evaluation of elemental impurities in the final formulation and a risk assessment for each heavy metal (taking into consideration the maximum daily dose) were not provided.

    4. The application did not fully comply with the patent certification requirements applicable to applications submitted under section 505(b)(2) of the FD&C Act.

    5. The complete response letter describes additional deficiencies, which generally relate to chemistry, manufacturing, and controls and current good manufacturing practice requirements, that CDER determined preclude approval of the application in its present form. The complete response letter also noted that satisfactory resolution of objectionable inspection observations was required before the application could be approved. Due to applicable limitations on public disclosure of information contained in unapproved NDAs, including trade secret information, these specific deficiencies are not described in this notice.

    The complete response letter stated that PMRS is required to resubmit the application, fully addressing all deficiencies listed in the letter, or take other actions available under § 314.110 (i.e., withdraw the application or request an opportunity for a hearing). Applicable regulations, including § 10.75 (21 CFR 10.75), also provide a mechanism for applicants to obtain formal review of one or more decisions reflected in a complete response letter (see FDA's guidance for industry “Formal Dispute Resolution: Sponsor Appeals Above the Division Level” (November 2017) available at: https://www.fda.gov/downloads/drugs/guidancecomplianceregulatoryinformation/guidances/ucm343101.pdf).

    In response to the complete response letter, on November 17, 2017, PMRS submitted a request for an opportunity for a hearing under § 314.110(b)(3) on whether there are grounds under section 505(d) of the FD&C Act for denying approval of NDA 209155.

    II. Notice of Opportunity for a Hearing

    For the reasons stated previously and others described in the complete response letter, notice is given to PMRS and to all other interested persons that the Center Director proposes to issue an order refusing to approve NDA 209155 on the grounds that the application fails to meet the criteria for approval under section 505(d) of the FD&C Act, including that: (1) PMRS has not provided sufficient data to show that the product would be safe (505(d)(1)); (2) PMRS has not shown that the methods used in, and the facilities and controls used for the manufacture, processing, or packing of the product are adequate to preserve its identity, strength, quality, and purity (505(d)(3)); and (3) the labeling PMRS proposed for the product is false or misleading (505(d)(7)).

    PMRS may request a hearing before the Commissioner of Food and Drugs (the Commissioner) on the Center Director's proposal to refuse to approve NDA 209155. If PMRS decides to seek a hearing, it must file: (1) A written notice of participation and request for a hearing (see the DATES section), and (2) the studies, data, information, and analyses relied upon to justify a hearing (see the DATES section), as specified in §  314.200.

    As stated in § 314.200(g), a request for a hearing may not rest upon mere allegations or denials, but must present specific facts showing that there is a genuine and substantial issue of fact that requires a hearing to resolve. We note in this regard that because CDER proposes to refuse to approve NDA 209155 for multiple reasons, any hearing request from PMRS must address all of those reasons, including reasons described in the complete response letter but not described in this notice due to applicable limitations on public disclosure of information contained in unapproved NDAs, including trade secret information. Failure to request a hearing within the time provided and in the manner required by § 314.200 constitutes a waiver of the opportunity to request a hearing. If a hearing request is not properly submitted, FDA will issue a notice refusing to approve NDA 209155.

    The Commissioner will grant a hearing if there exists a genuine and substantial issue of fact or if the Commissioner concludes that a hearing would otherwise be of public interest (§ 314.200(g)(6)). If a hearing is granted, it will be conducted according to the procedures provided in 21 CFR parts 10 through 16 (21 CFR 314.201).

    Paper submissions under this notice of opportunity for a hearing must be filed in two copies. Except for data and information prohibited from public disclosure under 21 U.S.C. 331(j) or 18 U.S.C. 1905, submissions may be seen in the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, and on the internet at https://www.regulations.gov. This notice is issued under section 505(c)(1)(B) of the FD&C Act, §§ 314.110(b)(3) and 314.200.

    Dated: February 8, 2018. Janet Woodcock, Director, Center for Drug Evaluation and Research.
    [FR Doc. 2018-02903 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket Nos. FDA-2015-E-2666; FDA-2015-E-2758; and FDA-2015-E-2664] Determination of Regulatory Review Period for Purposes of Patent Extension; FARYDAK AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or the Agency) has determined the regulatory review period for FARYDAK and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that human drug product.

    DATES:

    Anyone with knowledge that any of the dates as published (in the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by April 16, 2018. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by August 13, 2018. See “Petitions” in the SUPPLEMENTARY INFORMATION section for more information.

    ADDRESSES:

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before April 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of April 16, 2018. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket Nos. FDA-2015-E-2666; FDA-2015-E-2758; and FDA-2015-E-2664 for “Determination of Regulatory Review Period for Purposes of Patent Extension; FARYDAK.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the dockets and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive.

    A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human drug products, the testing phase begins when the exemption to permit the clinical investigations of the drug becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human drug product and continues until FDA grants permission to market the drug product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of USPTO may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human drug product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B).

    FDA has approved for marketing the human drug product FARYDAK (panobinostat). FARYDAK, in combination with bortezomib and dexamethasone, is indicated for the treatment of patients with multiple myeloma who have received at least 2 prior regimens, including bortezomib and an immunomodulatory agent. This indication is approved under accelerated approval based on progression free survival. Continued approval for this indication may be contingent upon verification and description of clinical benefit in confirmatory trials. Subsequent to this approval, the USPTO received patent term restoration applications for FARYDAK (U.S. Patent Nos. 6,552,065; 6,833,384; and 7,067,551) from Novartis AG, and the USPTO requested FDA's assistance in determining the patents' eligibility for patent term restoration. In a letter dated October 15, 2015, FDA advised the USPTO that this human drug product had undergone a regulatory review period and that the approval of FARYDAK represented the first permitted commercial marketing or use of the product. Thereafter, the USPTO requested that FDA determine the product's regulatory review period.

    II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for FARYDAK is 4,334 days. Of this time, 3,997 days occurred during the testing phase of the regulatory review period, while 337 days occurred during the approval phase. These periods of time were derived from the following dates:

    1. The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became effective: April 15, 2003. The applicant claims April 15, 2002, as the date the investigational new drug application (IND) became effective. However, FDA records indicate that the IND effective date was April 15, 2003, which was the first date after receipt of the IND that the investigational studies were allowed to proceed.

    2. The date the application was initially submitted with respect to the human drug product under section 505(b) of the FD&C Act: March 24, 2014. FDA has verified the applicant's claim that the new drug application (NDA) for FARYDAK (NDA 205353) was initially submitted on March 24, 2014.

    3. The date the application was approved: February 23, 2015. FDA has verified the applicant's claim that NDA 205353 was approved on February 23, 2015.

    This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the USPTO applies several statutory limitations in its calculations of the actual period for patent extension. In its applications for patent extension, this applicant seeks 1,751 days or 5 years of patent term extension.

    III. Petitions

    Anyone with knowledge that any of the dates as published are incorrect may submit either electronic or written comments and, under 21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as specified in § 60.30 (21 CFR 60.30), any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period. To meet its burden, the petition must comply with all the requirements of § 60.30, including but not limited to: Must be timely (see DATES), must be filed in accordance with § 10.20, must contain sufficient facts to merit an FDA investigation, and must certify that a true and complete copy of the petition has been served upon the patent applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30.

    Submit petitions electronically to https://www.regulations.gov at Docket No. FDA-2013-S-0610. Submit written petitions (two copies are required) to the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: February 6, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02868 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0417] Request for Nominations on the National Mammography Quality Assurance Advisory Committee AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is requesting that any industry organizations interested in participating in the selection of nonvoting industry representatives to serve on the National Mammography Quality Assurance Advisory Committee in the Center for Devices and Radiological Health notify FDA in writing. FDA is also requesting nominations for a nonvoting industry representative to serve on the National Mammography Quality Assurance Advisory Committee. A nominee may either be self-nominated or nominated by an organization to serve as a nonvoting industry representative. Nominations will be accepted for an upcoming vacancy effective with this notice.

    DATES:

    Any industry organization interested in participating in the selection of an appropriate nonvoting member to represent industry interests must send a letter stating that interest to FDA by March 15, 2018 (see sections I and II of this document for further details). Concurrently, nomination materials for prospective candidates should be sent to FDA by March 15, 2018.

    ADDRESSES:

    All statements of interest from industry organizations interested in participating in the selection process of nonvoting industry representative nomination should be sent to Margaret Ames (see FOR FURTHER INFORMATION CONTACT). All nominations for a nonvoting industry representative should be submitted electronically by accessing the FDA Advisory Committee Membership Nomination Portal: https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm or by mail to Advisory Committee Oversight and Management Staff, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002. Information about becoming a member of an FDA advisory committee can also be obtained by visiting FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm.

    FOR FURTHER INFORMATION CONTACT:

    Margaret Ames, Division of Workforce Management, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5264, Silver Spring, MD 20993, 301-796-5960, Fax: 301-847-8505, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Agency is requesting nominations for a nonvoting industry representative on the National Mammography Quality Assurance Advisory Committee:

    I. General Description of the Committee Duties

    The Committee shall advise FDA on: (1) Developing appropriate quality standards and regulations for mammography facilities; (2) developing appropriate standards and regulations for bodies accrediting mammography facilities under this program; (3) developing regulations with respect to sanctions; (4) developing procedures for monitoring compliance with standards; (5) establishing a mechanism to investigate consumer complaints; (6) reporting new developments concerning breast imaging that should be considered in the oversight of mammography facilities; (7) determining whether there exists a shortage of mammography facilities in rural and health professional shortage areas and determining the effects of personnel on access to the services of such facilities in these areas; (8) determining whether there will exist a sufficient number of medical physicists after October 1, 1999; and (9) determining the costs and benefits of compliance with these requirements.

    II. Selection Procedure

    Any industry organization interested in participating in the selection of an appropriate nonvoting member to represent industry interests should send a letter stating that interest to the FDA contact (see FOR FURTHER INFORMATION CONTACT) within 30 days of publication of this document (see DATES). Within the subsequent 30 days, FDA will send a letter to each organization that has expressed an interest, attaching a complete list of all such organizations; and a list of all nominees along with their current résumés. The letter will also state that it is the responsibility of the interested organizations to confer with one another and to select a candidate, within 60 days after the receipt of the FDA letter, to serve as the nonvoting member to represent industry interests for the committee. The interested organizations are not bound by the list of nominees in selecting a candidate. However, if no individual is selected within 60 days, the Commissioner will select the nonvoting member to represent industry interests.

    III. Nomination Procedure

    Individuals may self-nominate and/or an organization may nominate one or more individuals to serve as a nonvoting industry representative. Nominations must include a current, complete résumé or curriculum vitae for each nominee and a signed copy of the Acknowledgement and Consent form available at the FDA Advisory Nomination Portal (see ADDRESSES). Nominations must also specify the advisory committee for which the nominee is recommended. Nominations must also acknowledge that the nominee is aware of the nomination unless self-nominated. FDA will forward all nominations to the organizations expressing interest in participating in the selection process for the committee. (Persons who nominate themselves as nonvoting industry representatives will not participate in the selection process.)

    FDA seeks to include the views of women and men, members of all racial and ethnic groups, and individuals with and without disabilities on its advisory committees and therefore encourages nominations of appropriately qualified candidates from these groups. Specifically, in this document, nominations for a nonvoting representative of industry interests are encouraged from the mammography manufacturing industry.

    This notice is issued under the Federal Advisory Committee Act (5 U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: February 7, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02922 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0002] Hospira, Inc. et al.; Withdrawal of Approval of 44 New Drug Applications and 158 Abbreviated New Drug Applications; Correction AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; correction.

    SUMMARY:

    The Food and Drug Administration (FDA) is correcting a notice that appeared in the Federal Register of October 4, 2016 (81 FR 68427). The document announced the withdrawal of approval of 44 new drug applications and 158 abbreviated new drug applications (ANDAs) from multiple applicants, effective November 3, 2016. The document erroneously included abbreviated new drug application (ANDA) 075726 for Pemoline Tablets, 18.75 milligrams (mg), 37.5 mg, and 75 mg, held by Mallinkrodt Pharmaceuticals, LLC. This notice corrects that error.

    FOR FURTHER INFORMATION CONTACT:

    Florine Purdie, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6248, Silver Spring, MD 20993-0002, 301-796-3601.

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of Tuesday, October 4, 2016, appearing on page 68427 in FR Doc. 2016-23893, the following correction is made:

    1. On page 68430, in table 1, the entry for ANDA 075726 is removed.

    In a separate notice published in this issue of the Federal Register, FDA is withdrawing the approval of ANDA 075726 under 21 CFR 314.150(d).

    Dated: February 8, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-02926 Filed 2-12-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria AGENCY:

    Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services (HHS) is hereby giving notice that a meeting is scheduled to be held on March 2, 2018, for the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria (Advisory Council). The meeting will be open to the public via teleconference; a public comment session will be held during the meeting. Pre-registration is required for members of the public who wish to attend the meeting via teleconference and who wish to participate in the public comment session. Individuals who wish to send in their public comment via email should send an email to [email protected] Registration information is available on the website http://www.hhs.gov/ash/carb/ and must be completed by February 26, 2018. Additional information about registering for the meeting and providing public comment can be obtained at http://www.hhs.gov/ash/carb/ on the Meetings page.

    DATES:

    The meeting is scheduled to be held on March 2, 2018, from 9:00 a.m. to 11:00 a.m. ET (times are tentative and subject to change). The confirmed times and agenda items for the meeting will be posted on the website for the Advisory Council at http://www.hhs.gov/ash/carb/ when this information becomes available. Pre-registration for attending the meeting is required to be completed no later than February 26, 2018.

    ADDRESSES:

    Instructions regarding attending this meeting will be posted one week prior to the meeting at: http://www.hhs.gov/ash/carb/.

    FOR FURTHER INFORMATION CONTACT:

    Jomana Musmar, Acting Designated Federal Officer, Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, Office of the Assistant Secretary for Health, U.S. Department of Health and Human Services, Room 715H, Hubert H. Humphrey Building, 200 Independence Avenue SW, Washington, DC 20201. Phone: (202) 690-5566; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under Executive Order 13676, dated September 18, 2014, authority was given to the Secretary of HHS to establish the Advisory Council, in consultation with the Secretaries of Defense and Agriculture. Activities of the Advisory Council are governed by the provisions of Public Law 92-463, as amended (5 U.S.C. App.), which sets forth standards for the formation and use of federal advisory committees.

    The Advisory Council will provide advice, information, and recommendations to the Secretary of HHS regarding programs and policies intended to support and evaluate the implementation of Executive Order 13676, including the National Strategy for Combating Antibiotic-Resistant Bacteria and the National Action Plan for Combating Antibiotic-Resistant Bacteria. The Advisory Council shall function solely for advisory purposes.

    In carrying out its mission, the Advisory Council will provide advice, information, and recommendations to the Secretary regarding programs and policies intended to preserve the effectiveness of antibiotics by optimizing their use; advance research to develop improved methods for combating antibiotic resistance and conducting antibiotic stewardship; strengthen surveillance of antibiotic-resistant bacterial infections; prevent the transmission of antibiotic-resistant bacterial infections; advance the development of rapid point-of-care and agricultural diagnostics; further research on new treatments for bacterial infections; develop alternatives to antibiotics for agricultural purposes; maximize the dissemination of up-to-date information on the appropriate and proper use of antibiotics to the general public and human and animal healthcare providers; and improve international coordination of efforts to combat antibiotic resistance.

    The public meeting will be dedicated to the Advisory Council's deliberation and vote on a letter drafted by the Immediate Action Subcommittee. The meeting agenda will be posted on the Advisory Council website at http://www.hhs.gov/ash/carb/ when it has been finalized. All agenda items are tentative and subject to change.

    Instructions regarding attending this meeting will be posted one week prior to the meeting at: http://www.hhs.gov/ash/carb/.

    Members of the public will have the opportunity to provide comments prior to the Advisory Council meeting by emailing [email protected] Public comments should be sent in by midnight February 26, 2018, and should be limited to no more than one page. All public comments received prior to February 26, 2018, will be provided to Advisory Council members; comments are limited to two minutes per speaker.

    Dated: February 7, 2018. Jomana F. Musmar, Acting Designated Federal Officer, Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, Committee Manager.
    [FR Doc. 2018-02900 Filed 2-12-18; 8:45 am] BILLING CODE 4150-44-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; NIDDK Research Project Grants.

    Date: March 5, 2018.

    Time: 4:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Elena Sanovich, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7351, 6707 Democracy Boulevard, Bethesda, MD 20892-2542, 301-594-8886, [email protected].

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; NIDDK R01-A1 Telephone SEP.

    Date: March 6, 2018.

    Time: 11:00 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Xiaodu Guo, MD, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7023, 6707 Democracy Boulevard, Bethesda, MD 20892-5452 (301) 594-4719, [email protected].

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; NIDDK Research Project Grants.

    Date: March 13, 2018.

    Time: 10:00 a.m. to 11:00 a.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Elena Sanovich, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7351, 6707 Democracy Boulevard, Bethesda, MD 20892-2542, 301-594-8886, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
    Dated: February 7, 2018. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02841 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel; Review of NIGMS Maximizing Investigators' Research Award for Early Stage Investigators (R35) Applications.

    Date: March 8-9, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.

    Contact Person: Robert Horowits, Ph.D., Scientific Review Officer, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3An.18, Bethesda, MD 20892-6200, 301-594-6904, [email protected]

    Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel; Review of NIGMS R13 Support for Conferences and Scientific Meetings Applications.

    Date: March 15, 2018.

    Time: 12:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building, 45 Center Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Lee Warren Slice, Scientific Review Officer, David Geffen School of Med, UCLA, Warren Hall, 11-151, 900 Veteran Ave., Los Angeles, CA 90095, 310-206-0909, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: February 7, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02842 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Eye Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Eye Institute Special Emphasis Panel; NEI Conference Grant (R13) Applications.

    Date: March 9, 2018.

    Time: 1:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5635 Fishers Lane, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Anne E. Schaffner, Ph.D., Chief, Scientific Review Branch, Division Of Extramural Research, National Eye Institute, 5635 Fishers Lane, Suite 1300, MSC 9300, Bethesda, MD 20892-9300, (301) 451-2020, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.867, Vision Research, National Institutes of Health, HHS)
    Dated: February 7, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02838 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Fellowships: Risk, Prevention and Health Behavior.

    Date: March 5-6, 2018.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW, Washington, DC 20015.

    Contact Person: Martha M. Faraday, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3110, MSC 7808, Bethesda, MD 20892, (301) 435-3575, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Research Training and Career Development.

    Date: March 5, 2018.

    Time: 10:00 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW, Washington, DC 20015.

    Contact Person: Martha M. Faraday, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3110, MSC 7808, Bethesda, MD 20892, 301-435-3575, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Healthcare Delivery and Methodologies.

    Date: March 6, 2018.

    Time: 12:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Tasmeen Weik, DRPH, MPH, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3141, Bethesda, MD 20892, 301-827-6480, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR-16-329: Countermeasures against Chemical Threats (CounterACT), Research Centers of Excellence (U54).

    Date: March 8, 2018.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hotel Monaco, Baltimore, 2 North Charles Street, Baltimore, MD 21201.

    Contact Person: Geoffrey G. Schofield, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4040-A, MSC 7850, Bethesda, MD 20892, 301-435-1235, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: CounterACT—Countermeasures against Chemical Threats.

    Date: March 9, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hotel Monaco, Baltimore, 2 North Charles Street, Baltimore, MD 21201.

    Contact Person: Geoffrey G. Schofield, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4040-A, MSC 7850, Bethesda, MD 20892, 301-435-1235, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: February 7, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02835 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis Panel; Aging and Central Mechanisms of Hearing Loss.

    Date: March 8, 2018.

    Time: 12:01 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Aging, Gateway Building, Suite 2W200, 7201 Wisconsin Avenue, Bethesda, MD 20814, (Telephone Conference Call).

    Contact Person: Maurizio Grimaldi, MD, Ph.D., Scientific Review Officer, National Institute on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Room 2C218, Bethesda, MD 20892, 301-496-9374, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: February 7, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02839 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Minority Health and Health Disparities; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Minority Health and Health Disparities Special Emphasis Panel; NIH Pathway to Independence Award (Parent K99/R00).

    Date: March 1, 2018.

    Time: 2:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Gateway Building, 533K, 7201 Wisconsin Avenue, Bethesda, MD 20892.

    Contact Person: Xinli Nan, Ph.D., Scientific Review Officer, National Institute on Minority Health, and Health Disparities, National Institutes of Health, 7201 Wisconsin Ave, Suite 525, Bethesda, MD 20814, 301-594-7784, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Dated: February 7, 2018. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02843 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Planning Grant (R34).

    Date: March 5, 2018.

    Time: 2:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Peter R. Jackson, Ph.D., Scientific Review Administrator, Scientific Review Program, Division of Extramural Activities, Room #3G20, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, (240) 669-5049, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: February 7, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02840 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Intercellular Interactions Study Section, February 08, 2018, 08:00 a.m. to February 09, 2018, 05:00 p.m., Courtyard New Orleans French Quarter/Iberville, 910 Iberville Street, New Orleans, LA 70112 which was published in the Federal Register on January 11, 2018, 83 Pg. 1375.

    The meeting will be held at New Orleans Marriott, 555 Canal St., New Orleans, LA 70130. The date and time remains the same. The meeting is closed to the public.

    Dated: February 7, 2018. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02837 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Minority Health and Health Disparities; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Minority Health and Health Disparities Special Emphasis Panel; RCMI Research Coordinating Network RFA-MD-18-001.

    Date: March 13, 2018.

    Time: 2:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Gateway Building, 7201 Wisconsin Ave, Suite 533, Bethesda, MD 20814, (Telephone Conference Call).

    Contact Person: Maryline Laude-Sharp, Ph.D., Scientific Review Officer, National Institute on Minority Health, and Health Disparities, National Institutes of Health, 7201 Wisconsin Ave, Bethesda, MD 20814, (301) 451-9536, [email protected]

    Dated: February 7, 2018. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02844 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business: Biological Chemistry, Biophysics and Assay Development.

    Date: March 6-7, 2018.

    Time: 10:00 a.m. to 6:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.

    Contact Person: Vonda K. Smith, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6188, MSC 7892, Bethesda, MD 20892, 301-435-1789, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Macromolecular Structure and Function.

    Date: March 6, 2018.

    Time: 11:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: David R. Jollie, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4150, MSC 7806, Bethesda, MD 20892, (301) 435-1722, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Optic neuritis, optic neuropathy and retinopathy.

    Date: March 6, 2018.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Alessandra C. Rovescalli, Ph.D., Scientific Review Officer, National Institutes of Health, Center for Scientific Review, 6701 Rockledge Drive, Room 5205, MSC7846, Bethesda, MD 20892, (301) 435-1021, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business: Non-HIV Microbial Vaccines.

    Date: March 8, 2018.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bahia Resort Hotel, 998 West Mission Bay Drive, San Diego, CA 92109.

    Contact Person: Andrea Keane-Myers, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4218, Bethesda, MD 20892, 301-435-1221, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR17-199 and PAR17-200: Development of Appropriate Pediatric Formulations and Pediatric Drug Delivery Systems.

    Date: March 9, 2018.

    Time: 9:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Mei Qin, MD, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5213, Bethesda, MD 20892, 301-875-2215, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Innovative Basic Research on Adducts in Cancer Risk Identification and Prevention.

    Date: March 9, 2018.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Jeffrey Smiley, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6194, MSC 7804, Bethesda, MD 20892, 301-594-7945, [email protected]

    Name of Committee: AIDS and Related Research Integrated Review Group; Behavioral and Social Consequences of HIV/AIDS Study Section.

    Date: March 12-13, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hotel Nikko San Francisco, 222 Mason Street, San Francisco, CA 94102.

    Contact Person: Mark P. Rubert, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-806-6596, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; RFA-RM-17-008: NIH Director's Early Independence Award Review.

    Date: March 12-13, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The Fairmont Washington, DC, 2401 M Street NW, Washington, DC 20037.

    Contact Person: Weijia Ni, Ph.D., Chief/Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3100, MSC 7808, Bethesda, MD 20892, 301-594-3292, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Fellowships: Oncology.

    Date: March 12-13, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW, Washington, DC 20015.

    Contact Person: Reigh-Yi Lin, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, 301-827-6009, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; SBIR/STTR Applications in Drug Discovery and Development.

    Date: March 12, 2018.

    Time: 8:30 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Sergei Ruvinov, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4158, MSC 7806, Bethesda, MD 20892, 301-435-1180, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Health Services Organization and Delivery.

    Date: March 12, 2018.

    Time: 12:00 p.m. to 4:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Jacinta Bronte-Tinkew, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3164, MSC 7770, Bethesda, MD 20892, (301) 806-0009, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: February 7, 2018. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-02836 Filed 2-12-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-0044] Merchant Marine Personnel Advisory Committee AGENCY:

    U.S. Coast Guard, Department of Homeland Security.

    ACTION:

    Notice of Federal Advisory Committee meeting.

    SUMMARY:

    The Merchant Marine Personnel Advisory Committee and its Working Groups will meet to discuss various issues related to the training and fitness of merchant marine personnel. The meetings will be open to the public.

    DATES:

    The Merchant Marine Personnel Advisory Committee and its Working Groups are scheduled to meet on Tuesday, March 20, 2018 and on Wednesday March 21, 2018, from 8:00 a.m. until 5:30 p.m., and the full Committee is scheduled to meet on Thursday, March 22, 2018, from 8:00 a.m. until 5:30 p.m. Please note that these meetings may adjourn early if the Committee has completed its business.

    ADDRESSES:

    The meetings will be held at the U.S. Coast Guard's Eighth Coast Guard District, Hale Boggs Federal Building, 500 Poydras St., New Orleans, LA 70130 in Room B106.

    Pre-registration Information: Pre-registration is not required for access. All attendees will be required to provide a REAL ID Act-compliant government-issued picture identification card in order to gain admittance to the building. For more information on REAL ID and to check the compliance status of your state/territory, please see https://www.dhs.gov/real-id and https://www.dhs.gov/real-id-public-faqs.

    For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the Alternate Designated Federal Officer as soon as possible using the contact information provided in the FOR FURTHER INFORMATION CONTACT section of this notice.

    Instructions: You are free to submit comments at any time, including orally at the meetings, but if you want Committee members to review your comment before the meetings, please submit your comments no later than March 19, 2018. We are particularly interested in comments on the issues in the “Agenda” section below. You must include “Department of Homeland Security” and the docket number USCG-2018-0044. Written comments may also be submitted using the Federal eRulemaking Portal at http://www.regulations.gov. If you encounter technical difficulties with comments submission, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section below. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You may review the Privacy and Security Notice for the Federal Docket Management System at https://www.regulations.gov/privacyNotice.

    Docket Search: For access to the docket to read documents or comments related to this notice, go to http://www.regulations.gov, type USCG-2018-0044 in the “Search” box, press Enter, and then click on the item you wish to view.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Davis Breyer, Alternate Designated Federal Officer of the Merchant Marine Personnel Advisory Committee, 2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593-7509, telephone 202-372-1445, fax 202-372-8382 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given pursuant to the Federal Advisory Committee Act, Title 5 United States Code Appendix.

    The Merchant Marine Personnel Advisory Committee was established under authority of section 310 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, codified at Title 46, United States Code, section 8108, and chartered under the provisions of the Federal Advisory Committee Act, (Title 5, United States Code, Appendix). The Committee acts solely in an advisory capacity to the Secretary of the Department of Homeland Security through the Commandant of the U.S. Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards and other matters as assigned by the Commandant. The Committee shall also review and comment on proposed U.S. Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards; may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments; and shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary.

    Agenda Day 1

    The agenda for the March 20, 2018, meeting is as follows:

    (1) The Committee will facilitate, under Task Statement 101, Provide feedback and avenues to further enhance open communication between external stakeholders and the U.S. Coast Guard's mariner credentialing program regarding all aspects of the program, the U.S. Coast Guard Authorization Act of 2015, section 315 requirement that the “Coast Guard Performance Technology Center—

    (A) prioritizes the review of examinations required for merchant mariner credentials; and

    (B) not later than 3 years after the date of enactment of the U.S. Coast Guard Authorization Act of 2015, completes a formal review, including an appropriate analysis, of the topics and testing methodology employed by the National Maritime Center for merchant seamen licensing.”

    This task is available for viewing at https://homeport.uscg.mil/missions/ports-and-waterways/safety-advisory-committees/merpac.

    (2) The Performance Technology Center has been actively collecting data from the stakeholders on issues related to the examination process. The team has been working with U.S. Coast Guard personnel; U.S. Coast Guard approved training providers, and other federal agencies and private organizations that conduct examinations. As part of the data collection process the U.S. Coast Guard will be seeking active input from all facets of maritime industry in this important initiative on March 20, 2018, as follows:

    (3) At 8:00 a.m. the members of the Merchant Marine Personnel Advisory Committee and the attending public will meet in an informal discussion group in order to provide insight on maritime labor's experience with the merchant mariner credentialing examination system and process to the Performance Technology Center. All other Committee members and members of the public are also welcome to participate.

    (4) At 10:30 a.m. the members of the Merchant Marine Personnel Advisory Committee and the attending public will meet in an informal discussion group in order to provide insight on shipowners' experience with the merchant mariner credentialing examination system and process to the Performance Technology Center. All other Committee members and members of the public are also welcome to participate.

    (5) At 2:00 p.m. the members of the Merchant Marine Personnel Advisory Committee and the attending public will meet in an informal discussion group in order to provide insight on maritime training providers' experience with the merchant mariner credentialing examination system and process to the Performance Technology Center. All other Committee members and members of the public are also welcome to participate.

    The U.S. Coast Guard Performance Technology Center website is http://www.forcecom.uscg.mil/Our-Organization/FORCECOM-DIVISIONS/Training/Training-Branches/FC-Tptc/.

    (6) Adjournment of meeting.

    Day 2

    The agenda for the March 21, 2018, meeting is as follows:

    (1) The full Committee will meet briefly to discuss the Working Groups' business/task statements, which are listed under paragraph 2(a)-(h) below.

    (2) Working Groups will separately address the following task statements which are available for viewing at https://homeport.uscg.mil/missions/ports-and-waterways/safety-advisory-committees/merpac:

    (a) Task Statement 87, Review of policy documents providing guidance on the implementation of the December 24, 2013, International Convention on Standards of Training, Certification and Watchkeeping for Seafarers rulemaking;

    (b) Task Statement 89, Review and update of the International Maritime Organization's Maritime Safety Committee Circular MSC/Circ.1014 Guidelines on fatigue mitigation and management

    (c) Task Statement 90, Review of International Maritime Organization's Model Courses Being Validated by the International Maritime Organization's Subcommittee on Human Element, Training and Watchkeeping

    (d) Task Statement 96, Review and comment on the course and program approval requirements including 46 CFR 10.402, 10.403, 10.407 and Navigation and Vessel Inspection Circular 03-14 guidelines for approval of training courses and programs;

    (e) Task Statement 98, Continue the progress made by the military services towards meeting the goals on the use of Military Education, Training and Assessment for STCW and National Mariner Endorsements as identified in the Howard Coble Coast Guard and Maritime Transportation Act of 2014 and subsequent legislation;

    (f) Task Statement 101, Provide feedback and avenues to further enhance open communication between external stakeholders and the U.S. Coast Guard's mariner credentialing program regarding all aspects of the program;

    (g) Task Statement 102, Consider and make recommendations regarding the current requirement for a U.S. Merchant Mariner to read and write using English;

    (h) Task Statement 103, Input to Support Regulatory Reform of Coast Guard Regulations—Executive Orders 13771 and 13783.

    (3) Public comment period.

    (4) Reports of Working Groups. At the end of the day, the Working Groups will report to the full Committee on what was accomplished in their meetings. The full Committee will not take action on these reports on this date. Any official action taken as a result of these Working Group meetings will be taken on day three of the meeting.

    (5) Adjournment of meeting.

    Day 3

    The agenda for the March 22, 2018, full Committee meeting is as follows:

    (1) Introduction.

    (2) Swearing in of newly appointed Committee members.

    (3) Remarks from U.S. Coast Guard Leadership.

    (4) Designated Federal Officer announcements.

    (5) Roll call of Committee members and determination of a quorum.

    (6) Reports from the following Working Groups:

    (a) Task Statement 87, Review of policy documents providing guidance on the implementation of the December 24, 2013, International Convention on Standards of Training, Certification and Watchkeeping for Seafarers rulemaking;

    (b) Task Statement 89, Review and update of the International Maritime Organization's Maritime Safety Committee Circular MSC/Circ. 1014 Guidelines on fatigue mitigation and management

    (c) Task Statement 90, Review of International Maritime Organization's Model Courses Being Validated by the International Maritime Organization's Subcommittee on Human Element, Training and Watchkeeping

    (d) Task Statement 96, Review and comment on the course and program approval requirements including 46 CFR 10.402, 10.403, 10.407 and Navigation and Vessel Inspection Circular 03-14 guidelines for approval of training courses and programs;

    (e) Task Statement 98, Continue the progress made by the military services towards meeting the goals on the use of Military Education, Training and Assessment for STCW and National Mariner Endorsements as identified in the Howard Coble Coast Guard and Maritime Transportation Act of 2014 and subsequent legislation;

    (f) Task Statement 101, Provide feedback and avenues to further enhance open communication between external stakeholders and the Coast Guard's mariner credentialing program regarding all aspects of the program;

    (g) Task Statement 102, Consider and make recommendations regarding the current requirement for a U.S. Merchant Mariner to read and write using English;

    (h) Task Statement 103, Input to Support Regulatory Reform of Coast Guard Regulations—Executive Orders 13771 and 13783.

    (7) New Business regarding an addendum to Task Statement 101 regarding the cancellation of Medical Certificates.

    (8) Other items for discussion:

    (a) Report on the Mariner Credentialing Program;

    (b) Report on National Maritime Center activities from the National Maritime Center Commanding Officer;

    (c) Briefings about other on-going U.S. Coast Guard projects related to personnel in the U.S. merchant marine.

    (9) Public comment period.

    (10) Discussion of Working Group recommendations.

    The Committee will review the information presented on each issue, deliberate on any recommendations presented by the Working Groups, approve/formulate recommendations and close any completed tasks. Official action on these recommendations may be taken on this date.

    (11) Closing remarks/plans for next meeting.

    (12) Adjournment of meeting.

    A public comment period will be held during each Working Group and full Committee meeting concerning matters being discussed.

    A copy of all meeting documentation will be available at https://homeport.uscg.mil/missions/ports-and-waterways/safety-advisory-committees/merpac no later than March 19, 2018. Alternatively, you may contact Mr. Davis Breyer as noted in the FOR FURTHER INFORMATION section above.

    Public comments will be limited to three minutes per speaker. Please note that the public comment periods will end following the last call for comments. Please contact Mr. Davis Breyer, listed in the FOR FURTHER INFORMATION CONTACT section, to register as a speaker.

    A public comment period will be held during each Working Group and full Committee meeting concerning matters being discussed.

    Please note that the meeting may adjourn early if the work is completed.

    Dated: February 8, 2018. Jeffrey G. Lantz, Director of Commercial Regulations and Standards.
    [FR Doc. 2018-02924 Filed 2-12-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-7001-N-07] 30-Day Notice of Proposed Information Collection: Continuum of Care Homeless Assistance Grant Application-Continuum of Care Registration AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 30 days of public comment.

    DATES:

    Comments Due Date: March 15, 2018.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806, Email: OIRA [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Anna P. Guido, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Anna P. Guido at [email protected] or telephone 202-402-5535. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Guido.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on July 11, 2017 at 82 FR 32008.

    A. Overview of Information Collection

    Title of Information Collection: Continuum of Care Homeless Assistance Grant Application-Continuum of Care Registration.

    OMB Approval Number: 2506-0182.

    Type of Request: Reinstatement.

    Form Number: Not Applicable.

    Description of the need for the information and proposed use: This submission is to request an extension of an Existing Collection in use without an OMB Control Number for the Recordkeeping for HUD's Continuum of Care Program. Continuum of Care program recipients will be expected to implement and retain the information collection for the recordkeeping requirements. The statutory provisions and implementing interim regulations govern the Continuum of Care Program recordkeeping requirements for recipient and subrecipients and the standard operating procedures for ensuring that Continuum of Care Program funds are used in accordance with the program requirements. To see the regulations for the new CoC Program and applicable supplementary documents, visit HUD's Homeless Resource Exchange at https://www.onecpd.info/resource/2033/hearth-coc-program-interim-rule/.

    Information collection Number of
  • respondents
  • Frequency
  • of response
  • Responses
  • per annum
  • Burden
  • hour per
  • response
  • Annual
  • burden hours
  • Hourly
  • cost per
  • response
  • Annual cost
    CoC Registration Process—Basic 410.00 1.00 410.00 2.00 820.00 $39.00 $31,980.00 CoC Registration Process—UFA 25.00 1.00 25.00 15.00 375.00 39.00 14,625.00 CoC Registration—HPC 5.00 1.00 5.00 10.00 50.00 39.00 1,950.00 Subtotal 440.00 1.00 1,245.00 Total Grant Program Application Collection 440.00 1.00 1,245.00 39.00 48,555.00
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: February 2, 2018. Anna P. Guido, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-02938 Filed 2-12-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-7001-N-05] 30-Day Notice of Proposed Information Collection: Application for Fee or Roster Personnel (Appraisers and Inspectors) Designation and Appraisal Reports AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for 30 days of public comment.

    DATES:

    Comments Due Date: March 15, 2018.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806, Email: OIRA [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email [email protected], or telephone 202-402-3400. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on September 12, 2017 at 82 FR 42831.

    A. Overview of Information Collection

    Title of Information Collection: Application for Fee or Roster Personnel (Appraisers and Inspectors) Designation and Appraisal Reports.

    OMB Approved Number: 2502-0538.

    Type of Request: Extension.

    Form Number: HUD 92563A, HUD92563I, HUD 92564-CN, Fannie Mae Forms: 1004, 1004c, 1025, 1073, 1075, 2055 and 1004MC.

    Description of the need for the information and proposed use: Accurate and Thorough Appraisal reporting is critical to the accuracy of underwriting for the mortgage insurance process. The need for accuracy is increased for FHA insured mortgage since buyers tend to have more limited income and lower equity in the properties. The collection of information provides a more thorough and complete appraisal of prospective HUD-insured single-family properties ensuring that mortgages are acceptable for FHA insurance and thereby protect the interest of HUD, the taxpayers, and the FHA insurance fund. The collection allows HUD to maintain an effective appraisal program with the ability to discipline appraisers and inform potential homeowners of the benefits of purchasing an independent home inspection.

    Respondents: (i.e. affected public): Business or other for profit.

    Estimated Number of Respondents: 21,315.

    Estimated Number of Responses: 524,815.

    Frequency of Response: On occasion.

    Average Hours per Response: 0.5

    Total Estimated Annual Burden and Cost: 26,240.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond: Including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: January 30, 2018. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-02935 Filed 2-12-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-7001-N-06] 30-Day Notice of Proposed Information Collection: Public Housing Agencies Service Areas Solicitation of Comments AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for 30 days of public comment.

    DATES:

    Comments Due Date: March 15, 2018.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806, Email: OIRA [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email [email protected], or telephone 202-402-3400. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on October 11, 2017 at 82 FR 47236.

    A. Overview of Information Collection

    Title of Information Collection: Public Housing Agencies Service Areas Solicitation of Comments.

    OMB Approval Number: 2577-New.

    Type of Request: New Collection.

    Form Number: Interactive Geospatial tool currently under development and will be available upon completion.

    Description of the need for the information and proposed use: HUD proposes to use the following information collection methodology to gather Public Housing Agencies (PHAs) service area boundaries. An interactive geospatial tool will be provided by HUD for PHAs to access online. Through this online tool, HUD will present PHAs with estimates of their service area boundaries based on the locations of the PHA's public housing units and Housing Choice Vouchers in relation to Units of General Local Government. PHAs will be provided an opportunity to revise HUD's initial estimates using the online tool. The online, interactive tool will provide PHAs with the ability to designate boundaries that more accurately reflect their actual service areas under state and local law. PHAs will be able to do so by identifying Units of General Local Government boundaries that more closely reflect their actual service areas.

    The United States Housing Act of 1937 (1937 Act) in Section 3(b)(6) defines a Public Housing Agency, in part, as: “Except as provided in subparagraph (b), . . . any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of public housing.” 42 U.S.C. 1437a. The section includes additional provisions related to PHAs operating Section 8 Housing Choice Vouchers. The 1937 Act therefore includes a reference to applicable state and local laws that PHAs operate pursuant to. HUD's regulations, at 24 CFR 982.4, defines a PHA's Jurisdiction as, “the area in which the PHA has authority under State and local law to administer the program.”

    HUD is proposing an information collection regarding PHAs' applicable jurisdictions, also known as service areas, in which they are authorized to operate under state and local law. Through the online tool, HUD will present PHAs with estimates of their service area boundaries, based on the locations of the PHA's public housing unit and Housing Choice Vouchers in relation to Units of General Local Government. HUD is aware that these initial estimates may not reflect the PHA's defined service area in accordance with State and local law, therefore, PHAs will be provided an opportunity to revise HUD's initial estimates using the online tool. When revising HUD's estimates, PHAs will be instructed to include in their revisions the areas in which they are authorized to operate under state and local law, not only the areas in which they currently operate. This means including areas that the PHA may have no public housing developments or HCVs, but where the PHA could operate those programs. If the PHA believes that HUD's estimate of its service area is accurate, the PHA will be asked to validate or accept HUD's estimation within the online tool.

    The information collection described in this Notice will use an online electronic methodology intended to reduce administrative costs for PHAs and the federal government. The information obtained through this information collection is intended to assist in HUD program operations and in providing data to HUD's program participants, stakeholders, and the.

    Collecting PHA service area boundaries in a simple electronic format will aid in the provision of data that can be used in conducting the statement of housing needs assessments as required by the PHA Annual Plan pursuant to 24 CFR 903.7. The information will be used by HUD to provide data to PHAs for use in completing Assessments of Fair Housing. Such information is also highly relevant for informing Housing Choice Voucher policy decisions, including those related to mobility and portability. HUD itself will utilize the information to inform operations of the public housing, Housing Choice Voucher and other programs, and for estimating the impact of changes in Fair Market Rents, including Small Area Fair Market Rents. The information may also be useful for the general public, for instance, in locating local affordable housing providers and increasing awareness of local affordable housing options.

    The use of a geospatial data tool to collect this information has the advantage of simplifying and minimizing the administrative costs as well as directly linking the information to existing data resources without the need for additional cost to the federal government.

    Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Frequency of
  • response
  • Estimated
  • average
  • time for
  • requirement
  • (in hours)
  • Estimated
  • total burden
  • (in hours)
  • PHA Service Area Information 3,942 1 Once per Assessment of Fair Housing cycle. (i.e. generally once every five years) 1 3,942 Total Burden 3,942
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond: Including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: January 30, 2018. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-02936 Filed 2-12-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2017-N182; FXES11130100000-189-FF01E00000] U.S. Endangered Species; Receipt of Recovery and Interstate Commerce Permit Applications AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of permit applications; request for comments.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, invite the public to comment on applications for permits to conduct activities intended to enhance the propagation or survival of endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits certain activities that constitute take of listed species unless a Federal permit is issued that allows such activity. The ESA also requires that we invite public comment before issuing these permits.

    DATES:

    To ensure consideration, we must receive your written comments by March 15, 2018.

    ADDRESSES:

    Requesting Copies of Applications or Public Comments: Copies of applications or public comments concerning any of the applications in this notice may be obtained by any party who submits a written request for a copy of such documents to the following office within 30 days of the date of publication of this notice, subject to the requirements of the Privacy Act (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552): Program Manager, Restoration and Endangered Species Classification, Ecological Services, U.S. Fish and Wildlife Service, Pacific Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4181.

    Submitting Comments: You may submit comments by one of the following methods. Please specify applicant name(s) and application number(s) to which your comments pertain (e.g., TE-XXXXXX).

    Email: [email protected] Please refer to the respective permit number (e.g., Application No. TE-XXXXXX) in the subject line of your email message.

    U.S. Mail: Program Manager, Restoration and Endangered Species Classification, Ecological Services, U.S. Fish and Wildlife Service, Pacific Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4181.

    FOR FURTHER INFORMATION CONTACT:

    Colleen Henson, Recovery Permits Coordinator, Ecological Services, (503) 231-6131 (phone); [email protected] (email).

    SUPPLEMENTARY INFORMATION:

    We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on applications for permits to conduct activities intended to promote recovery of endangered species. With some exceptions, the ESA prohibits certain activities with endangered species unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing these permits.

    Background

    The ESA prohibits certain activities with endangered and threatened species unless authorized by a Federal permit. The ESA and our implementing regulations in part 17 of title 50 of the Code of Federal Regulations (CFR) provide for the issuance of such permits and require that we invite public comment before issuing permits for activities involving endangered species.

    A recovery permit issued by us under section 10(a)(1)(A) of the ESA authorizes the permittee to conduct activities with endangered or threatened species for scientific purposes that promote recovery or for enhancement of propagation or survival of the species. Our regulations implementing section 10(a)(1)(A) for these permits are found at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species.

    Permit Applications Available for Review and Comment

    We invite local, State, Tribes, Federal agencies and the public to comment on the following applications.

    Application No. Applicant Species Location Activity Type of take Permit action TE-003483 U.S. Geological Survey, Pacific Island Ecosystems Research Center, Hawaii National Park, Hawaii Add the following species: Hawaiian hawk or `Io (Buteo solitarius), Maui parrotbill or Kiwikiu (Pseudonestor xanthophrys), Crested honeycreeper or Akohekohe (Palmeria dolei), Oahu elepaio (Chasiempis ibidis) Hawaii Population surveys and ecological research For all species: survey, record and/or use tape-playback vocalizations, capture, handle, band, mark, measure, weigh, biosample, release, recapture, and salvage
  • For Hawaiian hawk: attach radio and/or satellite transmitters, survey and monitor nests
  • For `i`iwi: attach radio transmitters and monitor nests
  • Amend.
    TE-056557 U.S. Bureau of Reclamation, Boise, Idaho Snake River physa snail (Physa natricina) Idaho Population surveys and ecological research Survey, capture, mark, transport, release, and sacrifice Renew. TE-060179 San Diego Zoo Global, San Diego, California Add the following species: Hawaiian hawk or `Io (Buteo solitarius) Hawaii Population surveys and ecological research Survey, capture, handle, biosample, attach GPS biologgers, release, recapture, and salvage Amend. TE-068803 Jerry Lynn Kinser, Conroe, Texas Hawaiian goose or Nene (Branta sandvicensis) Texas Captive propagation Purchase, in interstate commerce, two male and two female captive bred goslings New. TE-25955C Melissa Price, University of Hawaii—Manoa, Honolulu, Hawaii Band-rumped storm petrel (Oceanodroma castro), Hawaiian stilt or Aeo (Himantopus mexicanus knudseni) Hawaii Population, predation, mortality, and genetic studies For both species: survey, capture, handle, measure, weigh, release, recapture, and salvage
  • For petrels: biosample
  • For stilts: band, attach radio-transmitters, and monitor nests
  • Amend.
    TE-62696C Assured Bio Labs, LLC, Oak Ridge, Tennessee Bidens amplectens (Ko`oko`olau) Hawaii Hybridization study Remove/reduce to possession from lands under Federal jurisdiction—collect leaves, flowering portions, stems, and herbarium specimens New. TE-64600C University of Guam, Center for Island Sustainability, Mangilqo, Guam Serianthes nelsonii ( Hayun lagu, Tronkon guafi), Eugenia bryanii (No Common Name (NCN)), Hedyotis megalantha (Paudedo), Heritiera longipetiolata (Ufa-halomtano), Phyllanthus saffordii (NCN), Psychotria malaspinae (Aplokating-palaoan), Tinospora homosepala (NCN) Guam, Rota Population surveys, captive propagation, genetic studies, and recovery actions Remove/reduce to possession from lands under Federal jurisdiction—collect seeds and leaves; survey, propagate, outplant, genetic analysis, and salvage New.
    Public Availability of Comments

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review; however, we cannot guarantee that we will be able to do so.

    Contents of Public Comments

    Please make your comments as specific as possible. Please confine your comments to issues for which we seek comments in this notice, and explain the basis for your comments. Include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include.

    The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations.

    Next Steps

    If the Service decides to issue permits to any of the applicants listed in this notice, we will publish a notice in the Federal Register.

    Authority

    Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Eric Hein, Acting Assistant Regional Director—Ecological Services, Pacific Region, U.S. Fish and Wildlife Service.
    [FR Doc. 2018-02878 Filed 2-12-18; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-10331; AA-10335, AA-10338; AA-10339; AA-10277; AA-10340; 18X.LLAK9440000.L14100000.HY0000.P] Alaska Native Claims Selection AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to Calista Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971, as amended (ANCSA).

    DATES:

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the time limits set out in the SUPPLEMENTARY INFORMATION section.

    ADDRESSES:

    You may obtain a copy of the decision from the Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7504.

    FOR FURTHER INFORMATION CONTACT:

    Bettie J. Shelby, BLM Alaska State Office, 907-271-5596 or [email protected] The BLM Alaska State Office may also be contacted via Telecommunications Device for the Deaf (TDD) through the Federal Relay Service at 1-800-877-8339. The relay service is available 24 hours a day, 7 days a week, to leave a message or question with the BLM. The BLM will reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    As required by 43 CFR 2650.7(d), notice is hereby given that the BLM will issue an appealable decision to Calista Corporation. The decision approves conveyance of the surface and subsurface estates in certain lands pursuant to ANCSA (43 U.S.C. 1601, et seq.), as amended. The lands are located within the Yukon Delta National Wildlife Refuge, and aggregate 21.03 acres. The BLM will also publish the notice of the decision once a week for four consecutive weeks in The Delta Discovery newspaper.

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the following time limits:

    1. Unknown parties, parties unable to be located after reasonable efforts have been expended to locate, parties who fail or refuse to sign their return receipt, and parties who receive a copy of the decision by regular mail which is not certified, return receipt requested, shall have until March 15, 2018 to file an appeal.

    2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal.

    Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4 shall be deemed to have waived their rights. Notices of appeal transmitted by facsimile will not be accepted as timely filed.

    Bettie J. Shelby, Land Law Examiner, Division of Lands and Cadastral.
    [FR Doc. 2018-02912 Filed 2-12-18; 8:45 am] BILLING CODE 4310-JA-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-9732; AA-9827, AA-9829; 18X.LLAK9440000.L14100000.HY0000.P] Alaska Native Claims Selection AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface estate in certain lands to Calista Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971, as amended (ANCSA). Ownership of the subsurface estate will be retained by the United States.

    DATES:

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the time limits set out in the SUPPLEMENTARY INFORMATION section.

    ADDRESSES:

    You may obtain a copy of the decision from the Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, AK 99513-7504.

    FOR FURTHER INFORMATION CONTACT:

    Bettie J. Shelby, BLM Alaska State Office, 907-271-5596 or [email protected] The BLM Alaska State Office may also be contacted via Telecommunications Device for the Deaf (TDD) through the Federal Relay Service at 1-800-877-8339. The relay service is available 24 hours a day, 7 days a week, to leave a message or question with the BLM. The BLM will reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    As required by 43 CFR 2650.7(d), notice is hereby given that the BLM will issue an appealable decision to Calista Corporation. The decision approves conveyance of the surface estate in certain lands pursuant to ANCSA (43 U.S.C. 1601, et seq.), as amended. Ownership of the subsurface estate will be retained by the United States. The lands are located within the Yukon Delta National Wildlife Refuge, and aggregate 32.78 acres. The BLM will also publish the notice of the decision once a week for four consecutive weeks in The Delta Discovery newspaper. Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the following time limits:

    1. Unknown parties, parties unable to be located after reasonable efforts have been expended to locate, parties who fail or refuse to sign their return receipt, and parties who receive a copy of the decision by regular mail which is not certified, return receipt requested, shall have until March 15, 2018 to file an appeal.

    2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal.

    Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4 shall be deemed to have waived their rights. Notices of appeal transmitted by facsimile will not be accepted as timely filed.

    Bettie J. Shelby, Land Law Examiner, Division of Lands and Cadastral.
    [FR Doc. 2018-02913 Filed 2-12-18; 8:45 am] BILLING CODE 4310-JA-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-9389, AA-9390, AA-9391, AA-9392, AA-9407, AA-9416, AA-9701, AA-9719, AA-10007, AA-11270; 18X.LLAK9440000.L14100000.HY0000.P] Alaska Native Claims Selection AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface estate in certain lands to Calista Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971, as amended (ANCSA). Ownership of the subsurface estate will be retained by the United States.

    DATES:

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the time limits set out in the SUPPLEMENTARY INFORMATION section.

    ADDRESSES:

    You may obtain a copy of the decision from the Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, AK 99513-7504.

    FOR FURTHER INFORMATION CONTACT:

    Matthew R. Lux, BLM Alaska State Office, 907-271-3176 or [email protected] The BLM Alaska State Office may also be contacted via Telecommunications Device for the Deaf (TDD) through the Federal Relay Service at 1-800-877-8339. The relay service is available 24 hours a day, 7 days a week, to leave a message or question with the BLM. The BLM will reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    As required by 43 CFR 2650.7(d), notice is hereby given that the BLM will issue an appealable decision to Calista Corporation. The decision approves conveyance of the surface estate in certain lands pursuant to ANCSA (43 U.S.C. 1601, et seq.), as amended. Ownership of the subsurface estate will be retained by the United States. The lands are located within the Yukon Delta National Wildlife Refuge, and aggregate 433.80 acres. The BLM will also publish the Notice of the decision once a week for four consecutive weeks in The Delta Discovery newspaper.

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the following time limits:

    1. Unknown parties, parties unable to be located after reasonable efforts have been expended to locate, parties who fail or refuse to sign their return receipt, and parties who receive a copy of the decision by regular mail which is not certified, return receipt requested, shall have until March 15, 2018 to file an appeal.

    2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal.

    Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4 shall be deemed to have waived their rights. Notices of appeal transmitted by facsimile will not be accepted as timely filed.

    Matthew R. Lux, Land Law Examiner, Division of Lands and Cadastral.
    [FR Doc. 2018-02911 Filed 2-12-18; 8:45 am] BILLING CODE 4310-JA-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1032] Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has found no violation of section 337 of the Tariff Act of 1930, as amended, in this investigation. The investigation is terminated.

    FOR FURTHER INFORMATION CONTACT:

    Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-3438. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission instituted this investigation on December 8, 2016, based on a complaint filed by Pacific Biosciences of California, Inc. of Menlo Park, California (“PacBio”). 81 FR 88703, 88703-04 (Dec. 8, 2016). The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain single-molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same by reason of infringement of certain claims of U.S. Patent Nos. 9,404,146 (“the '146 patent”) and 9,542,527 (“the '527 patent”). Id. at 88704; 82 FR 15236 (Mar. 27, 2017). The notice of investigation named as respondents Oxford Nanopore Technologies Ltd. of Oxford, United Kingdom; Oxford Nanopore Technologies, Inc. of Cambridge, Massachusetts; and Metrichor, Ltd. of Oxford, United Kingdom (collectively, “Oxford”). 81 FR at 88704. The Office of Unfair Import Investigations (“OUII”) also was named as a party to the investigation. Id.

    On May 23, 2017, the presiding administrative law judge (“ALJ”) issued Order No. 10 (“Markman Order”), construing the limitations “single-molecule sequencing process,” which is recited in claims 1, 5-7, 14, and 16-17 of the '146 patent and claims 1 and 3-4 of the '527 patent, and “single-molecule sequencing,” which is recited in claims 20-21 of the '146 patent (collectively, “single-molecule sequencing” limitations).

    On June 8, 2017, PacBio filed a motion for summary determination that the domestic industry requirement is satisfied. On June 9, 2017, Oxford filed a motion for summary determination of (1) noninfringement as to all accused products because they do not satisfy the “single-molecule sequencing” limitations; (2) noninfringement as to a subset of the accused products (directed solely to Oxford's 1D or 1D2 sequencing processes) because they do not satisfy the “linker” limitations; and (3) noninfringement as to a subset of the accused products (not directed solely to Oxford's 1D or 1D2 sequencing processes) because they are capable of substantial noninfringing uses.

    On July 19, 2017, the ALJ issued an ID (Order No. 12), granting in part Oxford's summary determination motion. Specifically, the ID incorporated the Markman Order by reference and found no infringement of claims 1, 5-7, 10, 14, 16-21, and 23-25 of the '146 patent and claims 1 and 3-11 of the '527 patent based on the Markman Order's construction of the “single-molecule sequencing” limitations. The ID denied as moot Oxford's second and third requests for summary determination of noninfringement, as well as PacBio's motion for summary determination on the economic prong of the domestic industry requirement. The ID found no violation of section 337.

    On July 31, 2017, PacBio filed a petition for review of the Markman Order's construction of “single-molecule sequencing” and the ID's finding of noninfringement. On August 7, 2017, Oxford and OUII filed responses to PacBio's petition. On August 16, 2017, PacBio filed a motion for leave to file a reply in support of its petition for review. On August 28, 2017, Oxford filed an opposition to PacBio's motion.

    On September 5, 2017, the Commission determined to review the ID in its entirety and to deny PacBio's motion for leave to file a reply. Notice (Sept. 5, 2017). The Commission also requested additional briefing from the parties on certain issues.

    On September 15, 2017, Oxford and OUII filed initial written submissions addressing the Commission's questions. On September 18, 2017, PacBio filed its initial written submission. On September 22, 2017, Oxford and OUII filed response briefs. On September 22, 2017, and September 29, 2017, PacBio filed its response briefs.

    Having examined the record of this investigation, including the ID and the parties' submissions, the Commission has determined to adopt, on modified grounds described in the concurrently-issued opinion, the Markman Order's construction of the “single-molecule sequencing” limitations. The Commission has also determined to affirm the ID's finding of noninfringement of claims 1, 5-7, 10, 14, 16-21, and 23-25 of the '146 patent and asserted claims 1 and 3-11 of the '527 patent and the ID's finding of no violation of section 337. The Commission denies PacBio's request for oral argument.

    The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: February 7, 2018. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2018-02854 Filed 2-12-18; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Second Amendment to Consent Decree Under the Clean Air Act

    On February 7, 2018, the Department of Justice lodged a proposed Second Amendment to Consent Decree (“Second Amendment”) with the United States District Court for the Southern District of Illinois in the lawsuit entitled United States, et al. v. Gateway Energy & Coke Company, et al., Civil Action No. 3:13-cv-00616-DRH-SCW.

    The United States, on behalf of the U.S. Environmental Protection Agency, filed a complaint under the Clean Air Act asserting claims relating to two Midwestern heat recovery coking facilities, one of which is located in Granite City, Illinois (the “Gateway Facility”), and the other of which is located in Franklin Furnace, Ohio (the “Haverhill Facility”). The United States sought civil penalties and injunctive relief against the owners and operators of the Gateway and Haverhill Facilities, the Haverhill Coke Company, LLC, SunCoke Energy, Inc., and the Gateway Energy & Coke Company, LLC. The States of Illinois and Ohio are co-plaintiffs in this action, and sought injunctive relief and civil penalties under corresponding state laws as to the Gateway Facility and Haverhill Facility, respectively.

    On November 10, 2014, the Court entered a Consent Decree that, inter alia, required (1) installation of heat recovery steam generators (“HRSGs”) to provide redundancy that will allow hot coking gases to be routed to a pollution control device instead of vented directly to the atmosphere in the event of equipment downtime, and (2) installation of continuous emissions monitors for sulfur dioxide at one bypass vent per process unit (two at the Haverhill Facility and one at the Gateway Facility).

    The Consent Decree allows Defendants 720 hours of “tie-in” time to complete installation of the Redundant HRSGs. Defendants have represented that installation and operation of the Redundant HRSGs have exacerbated corrosion-related issues at the spray dryer absorbers (“SDAs”); therefore, Defendants need to replate the SDAs to upgrade their metallurgy and to make them more corrosion-resistant, as well as assist in effective operation of the SDAs. To that end, the Second Amendment would allow Defendants to use tie-in hours to address the corrosion at the SDAs, while at the same time requiring Defendants to mitigate the excess emissions associated with the replating project.

    As to mitigation, the Second Amendment requires Defendants to: (1) Meet lower bypass venting emissions limits relating to sulfur dioxide at both the Gateway and Haverhill Facilities than were required by the Consent Decree, and seek to incorporate such lower limits into construction permit(s) and Title V operating permits; and (2) continue to operate the flue gas desulfurization units at the two facilities to over-control sulfur dioxide, particulate matter, lead, and, as to the Haverhill Facility, hydrochloric acid emissions from the main stacks by, among other things, injecting excess lime slurry into the SDAs. The proposed Second Amendment would also streamline reporting obligations under the Consent Decree, and add reporting requirements relating to mitigation of excess emissions resulting from the SDA replating project.

    The publication of this notice opens a period for public comment on the Second Amendment. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States et al. v. Gateway Energy & Coke Company, et al., D.J. Ref. No. 90-5-2-1-10065. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the Second Amendment may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Second Amendment upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $4.75 (25 cents per page reproduction cost) payable to the United States Treasury.

    Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2018-02914 Filed 2-12-18; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE National Institute of Justice [OMB Number 1121-New] Agency Information Collection Activities; Proposed eCollection eComments Requested; New Collection AGENCY:

    Office of Justice Programs, Department of Justice.

    ACTION:

    30 Day notice.

    SUMMARY:

    The Department of Justice, National Institute of Justice, is submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    The Department of Justice encourages public comment and will accept input until March 15, 2018.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Jack Harne, Physical Scientist, National Institute of Justice, 810 Seventh Street NW, Washington, DC 20531 (phone 202-598-9412). Written comments and/or suggestions can also be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the National Institute of Justice, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    1. Type of Information Collection: New Collection.

    2. The Title of the Form/Collection: National Survey on Correctional Contraband (NCSS).

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: “There is no agency form number for this collection.” The applicable component within the Department of Justice is the Office of Justice Programs, National Institute of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract: The current project aims to develop national statistics on correctional contraband and interdiction modalities to fill these significant knowledge gaps in the field. NIJ, in collaboration with the Urban Institute, will collect the data from the department of corrections in all 50 states and a nationally representative sample of jails (n = 408).

    In correctional facilities, contraband items such as drugs, alcohol, cell phones, tobacco products, and makeshift weapons can be used by inmates to spread violence, engage in criminal activity, create underground economies, and perpetuate existing addictions. Contraband in correctional facilities is therefore a cause of serious concern for the safety and security of inmates and correctional staff. However, little is known about what types of contraband interdiction modalities are exercised across jurisdictions and have proven successful, let alone how much and what type of contraband is found in correctional facilities in the U.S. and how it is brought in.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated range of burden for respondents completing the survey is 60 minutes. The department of corrections in all 50 states, responding for 1,821 prison facilities, and a nationally representative sample of jails (n = 408) will be recruited to complete the survey.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated public burden associated with this collection is 2,221 hours. It is estimated that 1,821 state participants and 408 jail participants will take one hour to complete the survey.

    If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.

    Dated: February 8, 2018. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2018-02919 Filed 2-12-18; 8:45 am] BILLING CODE 4410-18-P
    NATIONAL CREDIT UNION ADMINISTRATION Submission for OMB Review; Comment Request AGENCY:

    National Credit Union Administration (NCUA).

    ACTION:

    Notice.

    SUMMARY:

    The National Credit Union Administration (NCUA) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice.

    DATES:

    Comments should be received on or before March 15, 2018 to be assured of consideration.

    ADDRESSES:

    Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for NCUA, New Executive Office Building, Room 10235, Washington, DC 20503, or email at [email protected] and (2) NCUA PRA Clearance Officer, 1775 Duke Street, Suite 5060, Alexandria, VA 22314, or email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Copies of the submission may be obtained by contacting Dawn Wolfgang at (703) 548-2279, emailing [email protected], or viewing the entire information collection request at www.reginfo.gov.

    SUPPLEMENTARY INFORMATION:

    OMB Number: 3133-0180.

    Title: Liquidity and Contingency Funding Plans.

    Abstract: Section 741.12 establishes a three tier framework for federally insured credit unions (FICUs), based on asset size. FICUs with assets under $50 million must maintain a basic policy, those with assets of $50 million and over must maintain a contingency funding plan, and those with assets over $250 million must maintain a contingency funding plan and establish a federal liquidity contingency source. The reviews will conclude if federally insured credit unions are maintaining appropriate liquidity levels for the amount of balance sheet risk exposure. As part of the routine examination process, these reviews help prevent losses to credit unions and the NCUSIF.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Private Sector: Not-for-profit institutions.

    Estimated Total Annual Burden Hours: 4,425.

    By Gerard Poliquin, Secretary of the Board, the National Credit Union Administration, on February 8, 2018.

    Dated: February 8, 2018. Dawn D. Wolfgang, NCUA PRA Clearance Officer.
    [FR Doc. 2018-02889 Filed 2-12-18; 8:45 am] BILLING CODE 7535-01-P
    NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel AGENCY:

    National Endowment for the Humanities, National Foundation on the Arts and the Humanities.

    ACTION:

    Notice of meetings.

    SUMMARY:

    The National Endowment for the Humanities will hold seventeen meetings of the Humanities Panel, a federal advisory committee, during March, 2018. The purpose of the meetings is for panel review, discussion, evaluation, and recommendation of applications for financial assistance under the National Foundation on the Arts and Humanities Act of 1965.

    DATES:

    See SUPPLEMENTARY INFORMATION for meeting dates. The meetings will open at 8:30 a.m. and will adjourn by 5:00 p.m. on the dates specified below.

    ADDRESSES:

    The meetings will be held at Constitution Center at 400 7th Street SW, Washington, DC 20506, unless otherwise indicated.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth Voyatzis, Committee Management Officer, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 606-8322; [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), notice is hereby given of the following meetings:

    1. Date: March 1, 2018. This meeting will discuss applications on the subjects of Archaeology and the Ancient World for the Collaborative Research grant program, submitted to the Division of Research Programs.

    2. Date: March 12, 2018. This meeting will discuss applications on the subject of Social Sciences for the Collaborative Research grant program, submitted to the Division of Research Programs.

    3. Date: March 13, 2018. This meeting will discuss applications on the subjects of Philosophy and Religion for the Scholarly Editions and Translations grant program, submitted to the Division of Research Programs.

    4. Date: March 14, 2018. This meeting will discuss applications on the subject of the Arts for the Collaborative Research grant program, submitted to the Division of Research Programs.

    5. Date: March 15, 2018. This meeting will discuss applications on the subject of American History for the Scholarly Editions and Translations grant program, submitted to the Division of Research Programs.

    6. Date: March 15, 2018. This meeting will discuss applications on the subject of Museums for the Sustaining Cultural Heritage Collections grant program, submitted to the Division of Preservation and Access.

    7. Date: March 16, 2018. This meeting will discuss applications on the subjects of Historical Societies and Local History for the Sustaining Cultural Heritage Collections grant program, submitted to the Division of Preservation and Access.

    8. Date: March 19, 2018. This meeting will discuss applications on the subject of World Literature for the Scholarly Editions and Translations grant program, submitted to the Division of Research Programs.

    9. Date: March 19, 2018. This meeting will discuss applications on the subject of Art History for the Public Humanities Projects—Exhibitions grant program (implementation grants), submitted to the Division of Public Programs.

    10. Date: March 20, 2018. This meeting will discuss applications on the subjects of History and Literature for the Collaborative Research grant program, submitted to the Division of Research Programs.

    11. Date: March 20, 2018. This meeting will discuss applications on the subject of History for Media Projects: Production Grants, submitted to the Division of Public Programs.

    12. Date: March 21, 2018. This meeting will discuss applications on the subjects of World History and Literature for the Scholarly Editions and Translations grant program, submitted to the Division of Research Programs.

    13. Date: March 22, 2018. This meeting will discuss applications on the subjects of U.S. History and Culture for the Public Humanities Projects—Exhibitions grant program (implementation grants), submitted to the Division of Public Programs.

    14. Date: March 22, 2018. This meeting will discuss applications on the subjects of Libraries and Archives for the Sustaining Cultural Heritage Collections grant program, submitted to the Division of Preservation and Access.

    15. Date: March 23, 2018. This meeting will discuss applications on the subjects of New World and Asian Archaeology for the Collaborative Research grant program, submitted to the Division of Research Programs.

    16. Date: March 23, 2018. This meeting will discuss applications on the subjects of Historic Houses and Small Museums for the Sustaining Cultural Heritage Collections grant program, submitted to the Division of Preservation and Access.

    17. Date: March 26, 2018. This meeting will discuss applications on the subjects of American and British Literature for the Scholarly Editions and Translations grant program, submitted to the Division of Research Programs.

    Because these meetings will include review of personal and/or proprietary financial and commercial information given in confidence to the agency by grant applicants, the meetings will be closed to the public pursuant to sections 552b(c)(4) and 552b(c)(6) of Title 5, U.S.C., as amended. I have made this determination pursuant to the authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee Meetings dated April 15, 2016.

    Dated: February 7, 2018. Elizabeth Voyatzis, Committee Management Officer.
    [FR Doc. 2018-02855 Filed 2-12-18; 8:45 am] BILLING CODE 7536-01-P
    NATIONAL SCIENCE FOUNDATION Large Scale Networking (LSN)—Middleware and Grid Interagency Coordination (MAGIC) Team AGENCY:

    The Networking and Information Technology Research and Development (NITRD) National Coordination Office (NCO), National Science Foundation.

    ACTION:

    Notice of meetings; correction.

    SUMMARY:

    The National Science Foundation (NSF) published a document in the Federal Register of February 2, 2018, concerning meeting notices for the Networking and Information Technology Research and Development (NITRD) National Coordination Office (NCO), National Science Foundation. There was a broken link in the notice.

    Correction

    In the Federal Register of February 2, 2018, in FR Doc. 2018-02100, on page 4931, in the first column, please correct the web link to read: https://www.nitrd.gov/nitrdgroups/index.php?title=Middleware_And_Grid_Interagency_Coordination_(MAGIC)

    FOR FURTHER INFORMATION CONTACT:

    Ms. Joyce Lee at [email protected] or (202) 459-9674.

    Dated: February 8, 2018. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
    [FR Doc. 2018-02921 Filed 2-12-18; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Faster Administration of Science and Technology Education and Research (FASTER) Community of Practice (CoP) AGENCY:

    The Networking and Information Technology Research and Development (NITRD) National Coordination Office (NCO), National Science Foundation.

    ACTION:

    Notice of meetings.

    SUMMARY:

    The goal of the FASTER CoP is to enhance collaboration and accelerate agencies' adoption of advanced IT capabilities developed by Government-sponsored IT research. FASTER, seeks to accelerate deployment of promising research technologies; share protocol information, standards, and best practices; and coordinate and disseminate technology assessment and testbed results. The agendas, minutes, and other meeting materials and information can be found on the FASTER website at: https://www.nitrd.gov/nitrdgroups/index.php?title=FASTER.

    DATES:

    The FASTER CoP meetings will be held over the course of the year (February 2018—December 2018) at the NITRD National Coordination Office, 490 L'Enfant Plaza SW, Suite 8001, Washington, DC 20024. Please note that public seating for these meetings is limited and is available on a first-come, first-served basis. WebEx and/or Teleconference participation is available for each meeting. Please reference the FASTER CoP website for meeting dates, times, and location changes. Further information about the NITRD may be found at: https://www.nitrd.gov.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Alex Thai at [email protected] or (202) 459-9674.

    PUBLIC COMMENTS:

    The government seeks individual input; attendees/participants may provide individual advice only. Members of the public are welcome to submit their comments to [email protected] Please note that under the provisions of the Federal Advisory Committee Act (FACA), all public comments and/or presentations will be treated as public documents and may be made available to the public via the MAGIC Team website.

    Submitted by the National Science Foundation in support of the Networking and Information Technology Research and Development (NITRD) National Coordination Office (NCO) on February 6, 2018.

    Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
    [FR Doc. 2018-02927 Filed 2-12-18; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-025 and 52-026; NRC-2008-0252] Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 3 and 4; Inspections, Tests, Analyses, and Acceptance Criteria AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Determination of the successful completion of inspections, tests, and analyses.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) staff has determined that the inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met for the Vogtle Electric Generating Plant (VEGP), Units 3 and 4.

    DATES:

    The determination of the successful completion of inspections, tests, and analyses for VEGP Units 3 and 4 is effective February 13, 2018.

    ADDRESSES:

    Please refer to Docket ID NRC-2008-0252 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287-9127; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Chandu Patel, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3025; email: Chandu[email protected]

    SUPPLEMENTARY INFORMATION: I. Licensee Notification of Completion of ITAAC

    Southern Nuclear Operating Company, Inc. (SNC), Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC., MEAG Power SPVJ, LLC., MEAG Power SPVP, LLC., and the City of Dalton, Georgia, (hereafter called the licensee) have submitted inspections, tests, analyses, and acceptance criteria (ITAAC) closure notifications (ICNs) under title 10 of the Code of Federal Regulations (10 CFR) 52.99(c)(1), informing the NRC that the licensee has successfully performed the required inspections, tests, and analyses, and that the acceptance criteria are met for:

    VEGP Unit 3 ITAAC 2.1.01.07.i (8), 2.1.01.07.iv (11), 2.1.02.08d.vii (38), 2.5.02.07c (536), 3.1.00.05 (737), 3.7.00.01 (841), and E.3.9.05.01.01 (849) VEGP Unit 4 ITAAC 2.1.01.07.i (8), 2.1.01.07.iv (11), 2.1.02.08d.vii (38), 2.5.02.07c (536), 3.1.00.05 (737), and 3.7.00.01 (841)

    The ITAAC for VEGP Unit 3 are in Appendix C of the VEGP Unit 3 combined license (ADAMS Accession No. ML14100A106). The ITAAC for VEGP Unit 4 are in Appendix C of VEGP Unit 4 combined license (ADAMS Accession No. ML14100A135).

    II. NRC Staff Determination of Completion of ITAAC

    The NRC staff has determined that the specified inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met. The documentation of the NRC staff's determination is in the ITAAC Closure Verification Evaluation Form (VEF) for each ITAAC. The VEF is a form that represents the NRC staff's structured process for reviewing ICNs. Each ICN presents a narrative description of how the ITAAC was completed. The NRC's ICN review process involves a determination on whether, among other things: (1) Each ICN provides sufficient information, including a summary of the methodology used to perform the ITAAC, to demonstrate that the inspections, tests, and analyses have been successfully completed; (2) each ICN provides sufficient information to demonstrate that the acceptance criteria of the ITAAC are met; and (3) any NRC inspections for the ITAAC have been completed and any ITAAC findings associated with that ITAAC have been closed.

    The NRC staff's determination of the successful completion of these ITAAC is based on information available at this time and is subject to the licensee's ability to maintain the condition that the acceptance criteria are met. If the staff receives new information that suggests the staff's determination on any of these ITAAC is incorrect, then the staff will determine whether to reopen that ITAAC (including withdrawing the staff's determination on that ITAAC). The NRC staff's determination will be used to support a subsequent finding, pursuant to 10 CFR 52.103(g), at the end of construction that all acceptance criteria in the combined license are met. The ITAAC closure process is not finalized for these ITAAC until the NRC makes an affirmative finding under 10 CFR 52.103(g). Any future updates to the status of these ITAAC will be reflected on the NRC's website at http://www.nrc.gov/reactors/new-reactors/oversight/itaac.html.

    This notice fulfills the staff's obligations under 10 CFR 52.99(e)(1) to publish a notice in the Federal Register of the NRC staff's determination of the successful completion of inspections, tests and analyses.

    Vogtle Electric Generating Plant Unit 3, Docket No. 5200025

    A complete list of the review status for VEGP Unit 3 ITAAC, including the submission date and ADAMS Accession Number for each ICN received, the ADAMS Accession Number for each VEF, and the ADAMS Accession Numbers for the inspection reports associated with these specific ITAAC, can be found on the NRC's website at http://www.nrc.gov/reactors/new-reactors/new-licensing-files/vog3-icnsr.pdf.

    Vogtle Electric Generating Plant Unit 4, Docket No. 5200026

    A complete list of the review status for VEGP Unit 4 ITAAC, including the submission date and ADAMS Accession Number for each ICN received, the ADAMS Accession Number for each VEF, and the ADAMS Accession Numbers for the inspection reports associated with these specific ITAAC, can be found on the NRC's website at http://www.nrc.gov/reactors/new-reactors/new-licensing-files/vog4-icnsr.pdf.

    Dated at Rockville, Maryland, this 7th day of February 2018.

    For the Nuclear Regulatory Commission.

    Jennifer L. Dixon-Herrity, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors.
    [FR Doc. 2018-02872 Filed 2-12-18; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2018-0021] Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Biweekly notice.

    SUMMARY:

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person.

    This biweekly notice includes all notices of amendments issued, or proposed to be issued, from January 13, 2018, to January 29, 2018. The last biweekly notice was published on January 30, 2018.

    DATES:

    Comments must be filed by March 15, 2018. A request for a hearing must be filed by April 16, 2018.

    ADDRESSES:

    You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):

    Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0021. Address questions about NRC dockets to Carol Gallagher; telephone: 301-287-9127; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Mail comments to: May Ma, Office of Administration, Mail Stop: TWFN-3-D1, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Shirley Rohrer, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5411, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2018-0021, facility name, unit number(s), plant docket number, application date, and subject when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0021.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2018-0021, facility name, unit number(s), plant docket number, application date, and subject in your comment submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

    II. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Combined Licenses and Proposed No Significant Hazards Consideration Determination

    The Commission has made a proposed determination that the following amendment requests involve no significant hazards consideration. Under the Commission's regulations in § 50.92 of title 10 of the Code of Federal Regulations (10 CFR), this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The basis for this proposed determination for each amendment request is shown below.

    The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.

    Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final no significant hazards consideration determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.

    A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of the regulations is available at the NRC's Public Document Room, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued.

    As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest.

    In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party.

    Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures.

    Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document.

    If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to establish when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.

    A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission no later than 60 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document, and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or federally recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

    If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.

    B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

    To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

    Information about applying for a digital ID certificate is available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system.

    A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the “Contact Us” link located on the NRC's public website at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays.

    Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

    Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC's electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.

    For further details with respect to these license amendment applications, see the application for amendment which is available for public inspection in ADAMS and at the NRC's PDR. For additional direction on accessing information related to this document, see the “Obtaining Information and Submitting Comments” section of this document.

    Duke Energy Progress, LLC, Docket Nos. 50-325 and 50-324, Brunswick Steam Electric Plant (BSEP), Units 1 and 2, Brunswick County, North Carolina

    Date of amendment request: November 15, 2017. A publicly available version is in ADAMS under Accession No. ML17331A484.

    Description of amendment request: The amendments would revise fire protection license condition 2.B.(6) to allow, as a performance-based method, certain currently-installed thermal insulation materials to be retained and allow future use of these insulation materials in limited applications subject to appropriate engineering reviews and controls, as a deviation from the National Fire Protection Association Standard 805, Chapter 3, Section 3.3, Prevention.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    A fire hazards evaluation was performed for the areas of the plant where the identified insulation materials are installed. The fire hazards evaluation demonstrates that these materials do not contribute appreciably to the spread of fire, nor represent a secondary combustible beyond those currently analyzed in the Fire Probabilistic Risk Analysis (FPRA) due to the limited applications where these materials are installed. Therefore, it is concluded that this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The identified installations of the insulation materials were evaluated against the fire scenarios supporting the FPRA. In all instances, the supporting analyses and existing fire scenarios were found to be bounding. Expanded zones of fire influence would not fail additional FPRA targets, or there were no FPRA credited targets in the area. Therefore, it is concluded that this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The limited installations of the insulation materials do not compromise post-fire safe shutdown capability as previously designed, reviewed, and considered. Essential fire protection safety functions are maintained and are capable of being performed. Because the insulation materials do not compromise post-fire safe shutdown capability as previously designed, reviewed, and considered, it is concluded that this change does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Kathryn B. Nolan, Deputy General Counsel, 550 South Tryon Street, M/C DEC45A, Charlotte, NC 28202.

    NRC Branch Chief: Undine Shoop.

    Duke Energy Progress, LLC, Docket No. 50-400, Shearon Harris Nuclear Power Plant, Unit 1 (HNP), Wake County, North Carolina

    Date of amendment request: October 19, 2017, as supplemented by letter dated January 11, 2018. Publicly-available versions are in ADAMS under Accession Nos. ML17292B648 and ML18011A911, respectively.

    Description of amendment request: The amendment would revise the HNP Updated Final Safety Analysis Report (UFSAR) to incorporate the Tornado Missile Risk Evaluator (TMRE) Methodology contained in Nuclear Energy Institute (NEI) 17-02, Revision 1, “Tornado Missile Risk (TMRE) Industry Guidance Document,” September 2017 (ADAMS Accession No. ML17268A036). This methodology can only be applied to discovered conditions where tornado missile protection is not currently provided, and cannot be used to avoid providing tornado missile protection in the plant modification process.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below with Nuclear Regulatory Commission (NRC) staff edits in square brackets:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed amendment does not involve an increase in the probability of an accident previously evaluated. The relevant accident previously evaluated is a Design Basis Tornado impacting the HNP site. The probability of a Design Basis Tornado is driven by external factors and is not affected by the proposed amendment. There are no changes required to any of the previously evaluated accidents in the UFSAR.

    The proposed amendment does not involve a significant increase in the consequences of a Design Basis Tornado. [The methodology as proposed does not alter any input assumptions or results of the accident analyses. Instead, it reflects a methodology to more realistically evaluate the probability of unacceptable consequences of a Design Basis Tornado. As such, there is no significant increase in the consequence of an accident previously evaluated. A similar consideration would apply in the event additional non-conforming conditions are discovered in the future.]

    Therefore, the proposed amendment, for both the conditions described herein and any future application of the methodology, does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed amendment, including any future use of the methodology, will involve no physical changes to the existing plant, so no new malfunctions could create the possibility of a new or different kind of accident. The proposed amendment makes no changes to conditions external to the plant that could create the possibility of a new or different kind of accident. The proposed change will not create the possibility of a new or different kind of accident due to new accident precursors, failure mechanisms, malfunctions, or accident initiators not considered in the design and licensing bases. The existing UFSAR accident analysis will continue to meet requirements for the scope and type of accidents that require analysis.

    Therefore, the proposed amendment, for both the conditions described herein and any future application of the methodology, does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The proposed amendment does not exceed or alter any controlling numerical value for a parameter established in the UFSAR or elsewhere in the HNP licensing basis related to design basis or safety limits. The change does not impact any UFSAR Chapter 6 or 15 Safety Analyses, and those analyses remain valid. The change maintains diversity and redundancy as required by regulation or credited in the UFSAR. The change does not reduce defense-in-depth as described in the UFSAR.

    Therefore, the proposed amendment, for both the conditions described herein and any future application of the methodology, does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's modified analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Lara Nichols, Deputy General Counsel, Duke Energy Corporation, 550 South Tyron Street, Mail Code DEC45A, Charlotte, NC 28202.

    NRC Branch Chief: Douglas A. Broaddus.

    Entergy Operations, Inc., Docket No. 50-382, Waterford Steam Electric Station, Unit 3, St. Charles Parish, Louisiana

    Date of amendment request: December 6, 2017. A publicly-available version is in ADAMS under Accession No. ML17340B321.

    Description of amendment request: The amendment would revise Technical Specification 3/4.3.2 Table 4.3-2, “Engineered Safety Features Actuation System [ESFAS] Instrumentation Surveillance Requirements.” The amendment would remove from Note 3 of the table the exemption from testing ESFAS relays K114, K305, and K313 at power.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change will remove the Technical Specification Table 4.3-2 Note 3 exemption for testing relays K305, K313, and K114 at power. The Technical Specification Table 4.3-2 Note 3 exemption allowed the K305, K313, and K114 to not be tested during power operation. The K305 and K313 relays are associated with the Main Steam Isolation Signal (MSIS). The K114 relays are associated with the Containment Spray Actuation Signal (CSAS). The removal of the exemption from testing during power operation means the impacted relays will be tested more frequently improving the ability to identify failed components.

    The removal of the Technical Specification Table 4.3-2 Note 3 exemption for testing relays K305, K313, and K114 means these relays will be tested more frequently. This testing frequency will be consistent with the other Technical Specification Table 4.3-2 subgroup relays that do not have an exemption. The probability of an operator choosing the wrong subgroup relay during testing is no different for this change as it is for the existing Technical Specification Table 4.3-2 subgroup relays that are already tested on this same frequency. Thus, there will be no significant increase in the probability of an operator error causing an accident.

    The change will also eliminate a potential single failure vulnerability associated with MSIS (relays K305 and K313) and CSAS (relay K114). The elimination of the single failure potential will lower the probability of an accident due to the spurious actuation of the MSIS or CSAS.

    The change uses a parallel 2 out of 2 with second 2 out of 2 to ensure no single failure of one actuation path would prevent the other actuation path from completing its function. This ensures no additional failure mode would prevent required equipment from actuating and increasing accident consequences.

    Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change will remove the Technical Specification Table 4.3-2 Note 3 exemption for testing relays K305, K313, and K114. The K305, K313, and K114 relays are part of the Engineered Safety Features Actuation System (ESFAS). The ESFAS is used for accident mitigation but an inadvertent actuation could cause an accident. The K305 and K313 relays are associated with the MSIS. The K114 relays are associated with the CSAS. The potential failures of the main steam isolation and containment spray systems have been evaluated in the Waterford 3 Updated Final Safety Analysis Report (UFSAR). The potential accidents are as follows:

    • Loss of External Load which could be caused by closure of the Main Steam Isolation Valves (MSIVs) (UFSAR Section 15.2, Decrease in Heat Removal by the Secondary System).

    • Loss of normal Feedwater Flow which could be caused by the closure of the Main Feedwater Isolation Valves (UFSAR Section 15.2, Decrease in Heat Removal by the Secondary System).

    • Asymmetric Steam Generator Transient which could be caused by the closure of one MSIV (UFSAR Section 15.9.1.1, Asymmetric Steam Generator Transient).

    • Loss of component cooling to Reactor Coolant Pumps (RCPs) which could be caused by the closure of the RCP Component Coolant Water valve. This could lead to RCP seal assembly damage and the possibility for a loss of coolant accident (UFSAR Section 15.6, Decrease In Reactor Coolant System Inventory).

    • Inadvertent containment spray which could be caused by actuation of one train of containment spray (UFSAR Section 6.2.1.1.3, Design Evaluation—Containment Pressure—Temperature Analysis).

    The removal of the exemption from testing during power operation means the impacted relays will be tested more frequently thereby improving the ability to identify failed components; however, they will be tested at power. The ESFAS K305, K313, and K114 relay test logic is designed to test the relays at power and not actuate the end devices which could adversely impact the plant. Any failures that could actuate plant equipment would continue to be bounded by the existing UFSAR accidents; therefore, no new accident is being created.

    The ESFAS is used for accident mitigation. The removal of the exemption from testing during power operation means the impacted relays will be tested more frequently thereby improving the ability to identify failed components. This lowers the possibility of the ESFAS equipment not being available when needed. This also means that with the ESFAS equipment available, this change does not create the possibility of a different kind of accident.

    Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will remove the Technical Specification Table 4.3-2 Note 3 exemption for testing relays K305, K313, and K114. The removal of the exemption from testing during power operation means the impacted relays will be tested more frequently thereby improving the ability to identify failed components. The more frequent testing will improve the margin of safety.

    The change will also eliminate a potential single failure vulnerability associated with MSIS (relays K305 and K313) and CSAS (relay K114). The elimination of the single failure potential will improve the margin of safety by reducing the potential of an accident due to the spurious actuation of the MSIS or CSAS.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Ms. Anna Vinson Jones, Senior Counsel, Entergy Services, Inc., 101 Constitution Avenue NW, Suite 200 East, Washington, DC 20001.

    NRC Branch Chief: Robert J. Pascarelli.

    Exelon Generation Company, LLC, Docket Nos. 50-373 and 50-374, LaSalle County Station (LSCS), Units 1 and 2, LaSalle County, Illinois

    Date of amendment request: December 13, 2017. A publicly-available version is in ADAMS under Accession No. ML17360A159.

    Description of amendment request: The amendments would revise technical specifications (TSs) to adopt Technical Specification Task Force (TSTF)-542, Reactor Pressure Vessel Water Inventory Control (RPV WIC).

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change replaces existing TS requirements related to OPDRVs [operations with a potential for draining the reactor vessel] with new requirements on RPV WIC water inventory control] that will protect Safety Limit 2.1.1.3. Draining of RPV water inventory in Mode 4 (i.e., cold shutdown) and Mode 5 (i.e., refueling) is not an accident previously evaluated and, therefore, replacing the existing TS controls to prevent or mitigate such an event with a new set of controls has no effect on any accident previously evaluated. RPV water inventory control in Mode 4 or Mode 5 is not an initiator of any accident previously evaluated. The existing OPDRV controls or the proposed RPV WIC controls are not mitigating actions assumed in any accident previously evaluated.

    The proposed change reduces the probability of an unexpected draining event (which is not a previously evaluated accident) by imposing new requirements on the limiting time in which an unexpected draining event could result in the reactor vessel water level dropping to the top of the active fuel (TAF). These controls require cognizance of the plant configuration and control of configurations with unacceptably short drain times. These requirements reduce the probability of an unexpected draining event. The current TS requirements are only mitigating actions and impose no requirements that reduce the probability of an unexpected draining event.

    The proposed change reduces the consequences of an unexpected draining event (which is not a previously evaluated accident) by requiring an Emergency Core Cooling System (ECCS) subsystem to be operable at all times in Modes 4 and 5. The current TS requirements do not require any water injection systems, ECCS or otherwise, to be operable in certain conditions in Mode 5. The change in requirement from two ECCS subsystems to one ECCS subsystem in Modes 4 and 5 does not significantly affect the consequences of an unexpected draining event because the proposed Actions ensure equipment is available within the limiting drain time that is as capable of mitigating the event as the current requirements. The proposed controls provide escalating compensatory measures to be established as calculated drain times decrease, such as verification of a second method of water injection and additional confirmations that secondary containment and/or filtration would be available if needed.

    The proposed change reduces or eliminates some requirements that were determined to be unnecessary to manage the consequences of an unexpected draining event, such as automatic initiation of an ECCS subsystem and control room ventilation. These changes do not affect the consequences of any accident previously evaluated since a draining event in Modes 4 and 5 is not a previously evaluated accident and the requirements are not needed to adequately respond to a draining event.

    Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any previously evaluated?

    Response: No.

    The proposed change replaces existing TS [technical specification] requirements related to OPDRVs with new requirements on RPV WIC that will protect Safety Limit 2.1.1.3. The proposed change will not alter the design function of the equipment involved. Under the proposed change, some systems that are currently required to be operable during OPDRVs would be required to be available within the limiting drain time or to be in service depending on the limiting drain time. Should those systems be unable to be placed into service, the consequences are no different than if those systems were unable to perform their function under the current TS requirements.

    The event of concern under the current requirements and the proposed change is an unexpected draining event. The proposed change does not create new failure mechanisms, malfunctions, or accident initiators that would cause a draining event or a new or different kind of accident not previously evaluated or included in the design and licensing bases.

    Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change replaces existing TS requirements related to OPDRVs with new requirements on RPV WIC. The current requirements do not have a stated safety basis and no margin of safety is established in the licensing basis. The safety basis for the new requirements is to protect Safety Limit 2.1.1.3. New requirements are added to determine the limiting time in which the RPV water inventory could drain to the top of the fuel in the reactor vessel should an unexpected draining event occur. Plant configurations that could result in lowering the RPV water level to the TAF within one hour are now prohibited. New escalating compensatory measures based on the limiting drain time replace the current controls. The proposed TS establish a safety margin by providing defense-in-depth to ensure that the Safety Limit is protected and to protect the public health and safety. While some less restrictive requirements are proposed for plant configurations with long calculated drain times, the overall effect of the change is to improve plant safety and to add safety margin.

    Therefore, the proposed change does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555.

    NRC Branch Chief: David J. Wrona.

    Exelon Generation Company, LLC, Docket No. 50-220, Nine Mile Point Nuclear Station, Unit 1, Oswego County, New York

    Date of amendment request: December 15, 2017. A publicly available version is in ADAMS under Accession No. ML17349A027.

    Description of amendment request: The amendment would revise the Nine Mile Point Nuclear Station, Unit 1, Technical Specifications (TSs) by replacing existing requirements related to “operations with a potential for draining the reactor vessel” (OPDRVs) with new requirements on reactor pressure vessel water (RPV) inventory control (WIC). The proposed changes are based on Technical Specifications Task Force (TSTF) Improved Standard Technical Specifications Change Traveler TSTF-542, Revision 2, “Reactor Pressure Vessel Water Inventory Control” (ADAMS Accession No. ML16074A448).

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed changes replace existing TS requirements related to OPDRVs with new requirements on RPV WIC that will ensure RPV water level remains above −10 inches indicator scale. Draining of RPV water inventory in the cold shutdown and refueling conditions is not an accident previously evaluated; therefore, replacing the existing TS controls to prevent or mitigate such an event with a new set of controls has no effect on any accident previously evaluated. RPV water inventory control in the cold shutdown or refueling condition is not an initiator of any accident previously evaluated. The existing OPDRV controls or the proposed RPV WIC controls are not mitigating actions assumed in any accident previously evaluated.

    The proposed changes reduce the probability of an unexpected draining event (which is not a previously evaluated accident) by imposing new requirements on the limiting time in which an unexpected draining event could result in the reactor vessel water level dropping to −10 inches indicator scale. These controls require cognizance of the plant configuration and control of configurations with unacceptably short drain times. These requirements reduce the probability of an unexpected draining event. The current TS requirements are only mitigating actions and impose no requirements that reduce the probability of an unexpected draining event.

    The proposed changes reduce the consequences of an unexpected draining event (which is not a previously evaluated accident) by requiring a Core Spray subsystem to be operable at all times in the cold shutdown and refueling conditions. The change in requirement from two Core Spray subsystems to one Core Spray subsystem in the cold shutdown or refueling conditions does not significantly affect the consequences of an unexpected draining event because the proposed Actions ensure equipment is available within the limiting drain time that is as capable of mitigating the event as the current requirements. The proposed controls provide escalating compensatory measures to be established as calculated drain times decrease, such as verification of a second method of water injection and additional confirmations that containment and/or filtration would be available if needed.

    The proposed changes reduce or eliminate some requirements that were determined to be unnecessary to manage the consequences of an unexpected draining event, such as automatic initiation of a Core Spray subsystem and control room ventilation. These changes do not affect the consequences of any accident previously evaluated since a draining event in the cold shutdown or refueling condition is not a previously evaluated accident and the requirements are not needed to adequately respond to a draining event.

    Therefore, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed changes replace existing TS requirements related to OPDRVs with new requirements on RPV WIC that will maintain RPV water level above −10 inches indicator scale. The proposed changes will not alter the design function of the equipment involved. Under the proposed changes, some systems that are currently required to be operable during OPDRVs would be required to be available within the limiting drain time or to be in service depending on the limiting drain time. Should those systems be unable to be placed into service, the consequences are no different than if those systems were unable to perform their function under the current TS requirements.

    The event of concern under the current requirements and the proposed change is an unexpected draining event. The proposed changes do not create new failure mechanisms, malfunctions, or accident initiators that would cause a draining event or a new or different kind of accident not previously evaluated or included in the design and licensing bases.

    Therefore, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The proposed changes replace existing TS requirements related to OPDRVs with new requirements on RPV WIC. The current requirements do not have a stated safety basis and no margin of safety is established in the licensing basis. The safety basis for the new requirements is to maintain RPV water level above −10 inches indicator scale. New requirements are added to determine the limiting time in which the RPV water inventory could drain to the top of the fuel in the reactor vessel should an unexpected draining event occur. Plant configurations that could result in lowering the RPV water level to −10 inches indicator scale within one hour are now prohibited. New escalating compensatory measures based on the limiting drain time replace the current controls. The proposed TS establish a safety margin by providing defense-in-depth to maintain RPV water level above −10 inches indicator scale to protect the public health and safety. While some less restrictive requirements are proposed for plant configurations with long calculated drain times, the overall effect of the change is to improve plant safety and to add safety margin.

    Therefore, the proposed changes do not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555.

    NRC Branch Chief: James G. Danna.

    Exelon Generation Company, LLC, Docket No. 50-289, Three Mile Island Nuclear Station, Unit 1, Dauphin County, Pennsylvania

    Date of amendment request: November 10, 2017. A publicly-available version is in ADAMS under Accession No. ML17314A024.

    Description of amendment request: The amendment would make changes to the organization, staffing, and training requirements contained in Section 6.0, “Administrative Controls,” of the Three Mile Island Nuclear Station, Unit 1 (TMI-1), Technical Specifications (TSs) and define two new positions for Certified Fuel Handler and Non-Certified Operator in Section 1.0, “Definitions,” to reflect the permanently defueled condition.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed changes would not take effect until TMI-1 has permanently ceased operation and certified a permanently defueled condition. The proposed changes would revise the TMI-1 TS by deleting or modifying certain portions of the TS administrative controls described in Section 6.0 of the TS that are no longer applicable to a permanently shutdown and defueled facility. Additionally, the “Certified Fuel Handler” and “Non-Certified Operator” would be added to Section 1.0 of the TS to define these positions that are applicable to permanently shutdown and defueled facility. These changes are administrative in nature.

    The proposed changes do not involve any physical changes to plant Structures, Systems, and Components (SSCs) or the manner in which SSCs are operated, maintained, modified, tested, or inspected. The proposed changes do not involve a change to any safety limits, limiting safety system settings, limiting control settings, limiting conditions for operation, surveillance requirements, or design features.

    The changes do not directly affect the design of SSCs necessary for safe storage of spent irradiated fuel or the methods used for handling and storage of such fuel in the Spent Fuel Pool (SFP). The proposed changes are administrative in nature and do not affect any accidents applicable to the safe management of spent irradiated fuel or the permanently shutdown and defueled condition of the reactor.

    Therefore, the proposed changes do not involve a significant increase in the probability or consequence of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed changes to the TS definitions and administrative controls have no impact on facility plant Structures, Systems, and Components (SSCs) affecting the safe storage of spent irradiated fuel, or on the methods of operation of such SSCs, or on the actual handling and storage of spent irradiated fuel. The proposed changes do not result in different or more adverse failure modes or accidents than previously evaluated because the reactor will be permanently shutdown and defueled and TMI-1 will no longer be authorized to operate the reactor.

    The proposed changes do not affect systems credited in the accident analyses at TMI-1. The proposed changes will continue to require proper control and monitoring of safety significant parameters and activities.

    The proposed changes do not result in any new mechanisms that could initiate damage to the remaining relevant safety barriers in support of maintaining the plant in a permanently shutdown and defueled condition (e.g., fuel cladding and SFP cooling). Since extended operation in a defueled condition will be the only operation allowed, and therefore bounded by the existing analyses, such a condition does not create the possibility of a new or different kind of accident.

    The proposed changes do not alter the protection system design, create new failure modes, or change any modes of operation. The proposed changes do not involve a physical alteration of the plant, and no new or different kind of equipment will be installed. Consequently, there are no new initiators that could result in a new or different kind of accident.

    Therefore, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The proposed changes involve TS administrative controls once the TMI-1 facility has been permanently shutdown and defueled. As specified in 10 CFR 50.82(a)(2), the 10 CFR 50 license for TMI-1 will no longer authorize operation of the reactor or emplacement or retention of fuel into the reactor vessel following submittal of the certifications required by 10 CFR 50.82(a)(1). As a result, the occurrence of certain design basis postulated accidents are no longer considered credible when the reactor is permanently defueled.

    The proposed changes are limited to those portions of the administrative TSs that are related to the safe storage and maintenance of spent irradiated fuel. The proposed TS changes do not affect plant design, hardware, system operation, or procedures for accident mitigation systems. There is no change in the established safety margins for these systems. The requirements that are proposed to be added, revised and/or deleted from the TMI-1 TS are not credited in the existing accident analysis for the applicable postulated accidents; therefore, they do not contribute to the margin of safety associated with the accident analysis. Certain postulated design basis accidents (DBAs) involving the reactor are no longer possible because the reactor will be permanently shutdown and defueled and TMI-1 will no longer be authorized to operate the reactor.

    Therefore, the proposed changes do not involve a significant reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555.

    NRC Branch Chief: James G. Danna.

    FirstEnergy Nuclear Operating Company, Docket No. 50-440, Perry Nuclear Power Plant, Unit No. 1, Lake County, Ohio

    Date of amendment request: December 20, 2017. A publicly-available version is in ADAMS under Accession No. ML17355A019.

    Description of amendment request: The amendment would revise technical specification (TS) requirements related to direct current (DC) electrical systems, specifically limiting conditions for operation 3.8.4, 3.8.5, and 3.8.6. The proposed amendment would also add a new Battery and Monitoring Maintenance Program to TS Section 5.5, “Programs and Manuals.” The proposed changes are consistent with Technical Specifications Task Force (TSTF) Traveler TSTF-500, Revision 2, “DC Electrical Rewrite—Update to TSTF-360.”

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed changes restructure the Technical Specifications (TS) for the direct current (DC) electrical power system and are consistent with TSTF-500, Revision 2, “DC Electrical Rewrite—Update to TSTF-360.” The proposed changes modify TS Actions relating to battery and battery charger inoperability. The DC electrical power system, including associated battery chargers, is not an initiator of any accident sequence analyzed in the Updated Safety Analysis Report (USAR). Rather, the DC electrical power system supports equipment used to mitigate accidents. The proposed changes to restructure TS and change surveillances for batteries and chargers to incorporate the updates included in TSTF-500, Revision 2, will maintain the same level of equipment performance required for mitigating accidents assumed in the USAR. Operation in accordance with the proposed TS would ensure that the DC electrical power system is capable of performing its specified safety function as described in the USAR. Therefore, the mitigating functions supported by the DC electrical power system will continue to provide the protection assumed by the analysis. The relocation of preventive maintenance surveillances, and certain operating limits and actions, to a licensee-controlled battery monitoring and maintenance program will not challenge the ability of the DC electrical power system to perform its design function. Appropriate monitoring and maintenance that are consistent with industry standards will continue to be performed. In addition, the DC electrical power system is within the scope of 10 CFR 50.65, “Requirements for monitoring the effectiveness of maintenance at nuclear power plants,” which will ensure the control of maintenance activities associated with the DC electrical power system.

    The integrity of fission product barriers, plant configuration, and operating procedures as described in the USAR will not be affected by the proposed changes. Therefore, the consequences of previously analyzed accidents will not increase by implementing these changes. Therefore, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed changes involve restructuring the TS for the DC electrical power system. The DC electrical power system, including associated battery chargers, is not an initiator to any accident sequence analyzed in the USAR. Rather, the DC electrical power system supports equipment used to mitigate accidents. The proposed changes to restructure the TS and change surveillances for batteries and chargers to incorporate the updates included in TSTF-500, Revision 2, “DC Electrical Rewrite—Update to TSTF-360,” will maintain the same level of equipment performance required for mitigating accidents assumed in the USAR. Administrative and mechanical controls are in place to ensure the design and operation of the DC systems continues to meet the plant design basis described in the USAR. Therefore, operation of the facility in accordance with this proposed change will not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The margin of safety is established through equipment design, operating parameters, and the setpoints at which automatic actions are initiated. The equipment margins will be maintained in accordance with the plant-specific design bases as a result of the proposed changes. The proposed changes will not adversely affect operation of plant equipment. These changes will not result in a change to the setpoints at which protective actions are initiated. Sufficient DC capacity to support operation of mitigation equipment is ensured. The changes associated with the new battery maintenance and monitoring program will ensure that the station batteries are maintained in a highly reliable manner. The equipment fed by the DC electrical sources will continue to provide adequate power to safety-related loads in accordance with analysis assumptions.

    TS changes made in accordance with TSTF-500, Revision 2, “DC Electrical Rewrite—Update to TSTF-360,” maintain the same level of equipment performance stated in the USAR and the current TSs. Therefore, the proposed changes do not involve a significant reduction of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: David W. Jenkins, Attorney, FirstEnergy Corporation, Mail Stop A-GO-15, 76 South Main Street, Akron, OH 44308.

    NRC Branch Chief: David J. Wrona.

    NextEra Energy Point Beach, LLC, Docket Nos. 50-266 and 50-301, Point Beach Nuclear Plant, Units 1 and 2, Manitowoc County, Wisconsin

    Date of amendment request: August 31, 2017. A publicly-available version is in ADAMS under Accession No. ML17243A201.

    Description of amendment request: The proposed amendment would modify the licensing basis, by the addition of a License Condition, to allow for the implementation of the provisions of 10 CFR part 50.69, “Risk-Informed Categorization and Treatment of Structures, Systems, and Components (SSCs) for Nuclear Power Plants.” The provisions of 10 CFR 50.69 allow adjustment of the scope of equipment subject to special treatment controls (e.g., quality assurance, testing, inspection, condition monitoring, assessment, and evaluation). For equipment determined to be of low safety significance, alternative treatment requirements can be implemented in accordance with this regulation. For equipment determined to be of high safety significance, requirements will not be changed or will be enhanced.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change will permit the use of a risk-informed categorization process to modify the scope of SSCs subject to NRC special treatment requirements and to implement alternative treatments per the regulations. The process used to evaluate SSCs for changes to NRC special treatment requirements and the use of alternative requirements ensures the ability of the SSCs to perform their design function. The potential change to special treatment requirements does not change the design and operation of the SSCs. As a result, the proposed change does not significantly affect any initiators to accidents previously evaluated or the ability to mitigate any accidents previously evaluated. The consequences of the accidents previously evaluated are not affected because the mitigation functions performed by the SSCs assumed in the safety analysis are not being modified. The SSCs required to safely shut down the reactor and maintain it in a safe shutdown condition following an accident will continue to perform their design functions.

    Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change will permit the use of a risk-informed categorization process to modify the scope of SSCs subject to NRC special treatment requirements and to implement alternative treatments per the regulations. The proposed change does not change the functional requirements, configuration, or method of operation of any SSC. Under the proposed change, no additional plant equipment will be installed.

    Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will permit the use of a risk-informed categorization process to modify the scope of SSCs subject to NRC special treatment requirements and to implement alternative treatments per the regulations. The proposed change does not affect any Safety Limits or operating parameters used to establish the safety margin. The safety margins included in analyses of accidents are not affected by the proposed change. The regulation requires that there be no significant effect on plant risk due to any change to the special treatment requirements for SSCs and that the SSCs continue to be capable of performing their design basis functions, as well as to perform any beyond design basis functions consistent with the categorization process and results.

    Therefore, the proposed change does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Steven Hamrick, Managing Attorney—Nuclear Florida Power & Light Company, LAW/WAS, 801 Pennsylvania Ave. NW #220, Washington, DC 20004.

    NRC Branch Chief: David J. Wrona.

    NextEra Energy Seabrook, LLC, Docket No. 50-443, Seabrook Station, Unit No. 1, Rockingham County, New Hampshire

    Date of amendment request: December 1, 2017. A publicly-available version is in ADAMS under Accession No. ML17339A428.

    Description of amendment request: The amendment would revise certain 18-month surveillance requirements previously performed while shut down to be performed during power operations. The amendment would also revise the administrative controls portion of the technical specifications (TSs) to replace plant-specific titles with generic titles and modify TSs 6.1.2, 6.2.2, 6.2.4, and Table 6.2-1 to be consistent with NUREG-1431, “Standard Technical Specifications, Westinghouse Plants.”

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The technical specification (TS) surveillance requirements and administrative controls associated with the proposed changes to the TS are not initiators of any accidents previously evaluated, so the probability of accidents previously evaluated is unaffected by the proposed changes. The proposed change does not alter the design, function, or operation of any plant structure, system, or component (SSC). The capability of any operable TS-required SSC to perform its specified safety function is not impacted by the proposed change. As a result, the outcomes of accidents previously evaluated are unaffected. Therefore, the proposed changes do not result in a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any previously evaluated?

    Response: No.

    The proposed change does not challenge the integrity or performance of any safety-related systems. No plant equipment is installed or removed, and the changes do not alter the design, physical configuration, or method of operation of any plant SSC.

    No physical changes are made to the plant, so no new causal mechanisms are introduced. Therefore, the proposed changes to the TS do not create the possibility of a new or different kind of accident from any accident previously evaluated.

    The proposed change does not challenge the integrity or performance of any safety-related systems. No plant equipment is installed or removed, and the changes do not alter the design, physical configuration, or method of operation of any plant SSC. No physical changes are made to the plant, so no new causal mechanisms are introduced. Therefore, the proposed changes to the TS do not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in the margin of safety?

    Response: No.

    The ability of any operable SSC to perform its designated safety function is unaffected by the proposed changes. The proposed changes do not alter any safety analyses assumptions, safety limits, limiting safety system settings, or method of operating the plant. The changes do not adversely affect plant operating margins or the reliability of equipment credited in the safety analyses. With the proposed change, each DC electrical train remains fully capable of performing its safety function. Therefore, the proposed changes do not involve a significant reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: Steve Hamrick, Acting Managing Attorney, Florida Power & Light Company, P.O. Box 14000, Juno Beach, FL 33408-0420.

    NRC Branch Chief: James G. Danna.

    Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, Vogtle Electric Generating Plant (VEGP), Units 3 and 4, Burke County, Georgia

    Date of amendment request: July 28, 2017, as supplemented by January 23, 2108, letter. Publicly-available versions are in ADAMS under Accession No. ML17209A755, and ML18023A440, respectively.

    Description of amendment request: The requested amendment proposes changes to combined license Appendix A, plant-specific Technical Specifications (TS) to make them consistent with the remainder of the design, licensing basis, and the TS. The U.S. Nuclear Regulatory Commission (NRC) staff previously noticed this amendment request in the Federal Register on December 5, 2017 (82 FR 57473). However, due to administrative errors that were inadvertently introduced, the NRC staff is noticing this amendment request again.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below with NRC staff's edits in square brackets:

    An evaluation to determine whether or not a significant hazards consideration is involved with the proposed amendment was completed by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below. However, to provide for ease of review, similar changes have been grouped into categories to facilitate the significant hazards evaluations required by 10 CFR 50.92. Generic significant hazards evaluations are provided for the More Restrictive Changes and a specific significant hazards evaluation for each Clarification or Less Restrictive change. In regards to obvious editorial or administrative changes (e.g., formatting, page rolls, punctuation, etc.), an explicit discussion was not always provided, but is considered to be addressed by the applicable generic significant hazards evaluation.

    Valuation for More Restrictive Changes

    This generic category include changes that impose additional requirements, decrease allowed outage times, increase the Frequency of Surveillances, impose additional Surveillances, increase the scope of Specifications to include additional plant equipment, broaden the Applicability of Specifications, or provide additional actions. These changes have been evaluated to not be detrimental to plant safety.

    More restrictive changes are proposed only when such changes are consistent with the current Vogtle Electric Generating Plant, Units 3 and 4 (VEGP) licensing basis; the applicable VEGP safety analyses; and good engineering practice such that the availability and reliability of the affected equipment is not reduced.

    Changes to the Technical Specifications (TS) requirements categorized as More Restrictive are annotated with an “MR” in Section 2 Discussion of Change (DOC). This affects TS changes L05 and L08.

    Southern Nuclear Operating Company (SNC) proposes to amend the VEGP TS. SNC has evaluated each of the proposed TS changes identified as More Restrictive in accordance with the criteria set forth in 10 CFR 50.92, “Issuance of amendment,” and has determined that the proposed changes do not involve a significant hazards consideration. This significant hazards consideration is applicable to each More Restrictive change identified in Section 2.

    The basis for the determination that the proposed changes do not involve a significant hazards consideration is an evaluation of these changes against each of the criteria in 10 CFR 50.92(c). The criteria and conclusions of the evaluation are presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed changes provide more stringent TS requirements. These more stringent requirements impose greater operational control and conservatism, and as a result, do not result in operations that significantly increase the probability of initiating an analyzed event, and do not alter assumptions relative to mitigation of an accident or transient event. The more restrictive requirements continue to ensure process variables, structures, systems, and components are maintained consistent with the safety analyses and licensing basis. Therefore, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed changes do not involve a physical alteration of the plant (no new or different type of equipment will be installed) or changes in methods governing normal plant operation. The proposed changes do impose different Technical Specification requirements. However, these changes are consistent with the assumptions in the safety analyses and licensing basis. Therefore, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The imposition of more restrictive requirements either has no effect on or increases a margin of plant safety. As provided in the discussion of change, each change in this category is, by definition, providing additional restrictions to enhance plant safety. The changes maintain requirements within the safety analyses and licensing basis. Therefore, the proposed changes do not involve a significant reduction in a margin of safety.

    Evaluation for Clarification Changes

    This category consists of technical changes which revise existing requirements such that the design and operation of a system correctly reflects how the LCO is applied and how the Action or Surveillance Requirement (SR) is carried out. This adds detail and clarity to the Technical Specifications (TS) in operating the applicable portions of the as designed and licensed plant.

    Technical changes to the TS requirements categorized as “Clarification” are identified with an “CL” and an individual number in Section 2 Discussion of Change (DOC).

    Southern Nuclear Operating Company (SNC) proposes to amend the Vogtle Electric Generating Plant, Units 3 and 4 (VEGP), Technical Specifications. SNC has evaluated each of the proposed technical changes identified as “Clarification” individually in accordance with the criteria set forth in 10 CFR 50.92 and has determined that the proposed changes do not involve a significant hazards consideration.

    The basis for the determination that the proposed changes do not involve a significant hazards consideration is an evaluation of these changes against each of the criteria in 10 CFR 50.92(c). The criteria and conclusions of the evaluation are presented below.

    L09 SNC proposes to amend TS 3.3.19 Diverse Actuation System Manual Controls, Note (c) in Table 3.3.19-1 to “With upper internals in place.”

    SNC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant or a change in the methods governing normal plant operations. The change applies to a Diverse Actuation System (DAS) Manual Controls Mode 6 note for operability of the Automatic Depressurization System (ADS) Stage 4 valves that involves revising the note from reactor internals in place to upper internals in place. In accordance with Limiting Condition for Operation (LCO) 3.4.13 ADS—Shutdown, Reactor Coolant System (RCS) Open Applicability and TS 3.3.9, Engineered Safeguards Actuation System Instrumentation, Function 7, the ADS Stage 4 valves are not required to be operable in MODE 6 with the upper internals removed. However, the reactor internals would still be present. The change involves clarification of the note (with no change in required system or device function), such that the appropriate configuration in Mode 6 would be in place and would not conflict with TS 3.4.13 or TS 3.3.9. The revised note is not an initiator to any accident previously evaluated. As a result, the probability of an accident previously evaluated is not affected.

    The consequences of an accident as a result of the revised note and associated requirements and actions are no different than the consequences of the same accident during the existing ones. As a result, the consequences of an accident previously evaluated are not affected by this change.

    The proposed change does not alter or prevent the ability of structures, systems, and components from performing their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits. The proposed change does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously evaluated. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change clarifies TS requirements for the DAS manual control ADS Stage 4 valves such that they would be in agreement with the requirements set forth for the ADS in RCS Shutdown Mode 6. However, the proposed change does not involve a physical alteration of the plant as described in the [Updated Final Safety Analysis Report (UFSAR)]. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will not reduce a margin of safety because it has no effect on any assumption of the safety analyses. While the condition for the manual control of ADS Stage 4 actuation switches in Mode 6 has changed, no action is made less restrictive than currently approved for any associated actuated device inoperability. As such, there is no significant reduction in a margin of safety.

    L10 SNC proposes to amend current TS 3.5.4, “Passive Residual Heat Removal Heat Exchanger PRHR HX—Operating,” Surveillance Requirement (SR) 3.5.4.6 to: Verify both PRHR HX air operated outlet valves stroke open and both IRWST gutter isolation valves stroke closed.

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant or a change in the methods governing normal plant operations. The change involves correcting an existing surveillance requirement (with no change in required system or device function), such that the surveillance requirement complies with the In-Containment Refueling Water Storage Tank (IRWST) Gutter Isolation valve design and the Passive Residual Heat Removal (PRHR) Heat Exchanger (HX) outlet isolation valve design. Revised surveillance requirement presentation and compliance with TS actions are not an initiator to any accident previously evaluated. As a result, the probability of an accident previously evaluated is not affected.

    The consequences of an accident as a result of the revised surveillance requirement are no different than the consequences of the same accident during the existing one. As a result, the consequences of an accident previously evaluated are not affected by this change.

    The proposed change does not alter or prevent the ability of structures, systems, and components from performing their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits. The proposed change does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously evaluated. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change clarifies the surveillance requirement such that it agrees with the IRWST and PRHR HX isolation valve design. However, the proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will not reduce a margin of safety because it has no effect on any assumption of the safety analyses. While the surveillance requirement has changed for the IRWST and PRHR HX isolation valves, no action is made less restrictive than currently approved for any associated actuated device inoperability. As such, there is no significant reduction in a margin of safety.

    10 CFR 50.92 Evaluations for Less Restrictive Changes

    This category consists of technical changes which revise existing requirements such that more restoration time is provided, fewer compensatory measures are needed, unnecessary Surveillance Requirements (SR) are deleted, or less restrictive surveillance requirements are required. This would also include unnecessary requirements which are deleted from the Technical Specifications (TS) and other technical changes that do not fit a generic category. These changes are evaluated individually.

    Technical changes to the TS requirements categorized as “Less Restrictive” are identified with an “LR” and an individual number in Section 2 Discussion of Change (DOC).

    Southern Nuclear Operating Company (SNC) proposes to amend the Vogtle Electric Generating Plant, Units 3 and 4 (VEGP), Technical Specifications. SNC has evaluated each of the proposed technical changes identified as “Less Restrictive” individually in accordance with the criteria set forth in 10 CFR 50.92 and has determined that the proposed changes do not involve a significant hazards consideration.

    The basis for the determination that the proposed changes do not involve a significant hazards consideration is an evaluation of these changes against each of the criteria in 10 CFR 50.92(c). The criteria and conclusions of the evaluation are presented below.

    L01 SNC proposes to amend TS 1.1 Definitions—Shutdown Margin by:

    Changing Shutdown Margin (SDM) definition c. “In MODE 2 with keff<1.0 and MODES 3, 4, and 5, the worth of fully inserted Gray Rod Cluster Assemblies (GRCAs) will be included in the SDM calculation.” to “In MODE 2 with keff<1.0 and in MODES 3, 4, and 5, the worth of the verified fully inserted Gray Rod Cluster Assemblies (GRCAs) which have passed the acceptance criteria for GRCA bank worth measurements performed during startup physics testing may be included in the SDM calculation.”

    SNC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant or a change in the methods governing normal plant operations. The change proposed involves re-defining whether the worth of the Gray Rod Cluster Assemblies (GRCAs) should be included in MODE 2 with keff<1.0 and Modes 3, 4, and 5 when calculating the appropriate Shutdown Margin (SDM). The worth of the GRCAs for MODE 2 with keff<1.0 and Modes 3, 4, and 5 is not credited in the safety analyses as stated in the NRC Safety Evaluation Report (SER) “Westinghouse Electric Company's Final Topical Report Safety Evaluation For WCAP-16943, “Enhanced Gray Rod Cluster Assembly Rodlet Design,” Section 3.0 for ensuring adequate SDM exists.

    The change involves revising the existing SDM definition (with no change in required system or device function), such that a more appropriate, albeit less restrictive, definition would be applied when calculating SDM. The revised SDM definition is not an initiator of any accident previously evaluated. As a result, the probability of an accident previously evaluated is not affected.

    The consequences of an accident as a result of the revised definition requirements are no different than the consequences of the same accident during the existing one. As a result, the consequences of an accident previously evaluated are not affected by this change.

    The proposed change does not alter or prevent the ability of structures, systems, and components from performing their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits. The proposed change does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously evaluated. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change.

    This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change removes the requirement to include the worth of the GRCAs when calculating the SDM because they are not credited for SDM in MODE 2 with keff<1.0 and in MODES 3, 4, and 5. The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will not reduce a margin of safety because it has no effect on any assumption of the safety analyses. While the SDM calculation defined is made less restrictive by eliminating the worth of the GRCAs in MODE 2 with keff<1.0 and in MODES 3, 4, and 5, no credit is taken in the safety analyses for including their worth as discussed in the NRC Safety Evaluation Report (SER) “Westinghouse Electric Company's Final Topical Report Safety Evaluation For WCAP-16943, “Enhanced Gray Rod Cluster Assembly Rodlet Design,” Section 3.0. As such, there is no significant reduction in a margin of safety.

    L02 SNC proposes to amend TS 3.1.4 Rod Group Alignment Limits by:

    L02A. Change Limiting Condition of Operation (LCO) from “All shutdown and control rods shall be OPERABLE.” to “Each rod cluster control assembly (RCCA) shall be OPERABLE.”

    L02B. Change LCO AND statement from “Individual indicated rod positions shall be within 12 steps of their group step counter demand position.” to “Individual indicated rod positions of each RCCA and Gray Rod Cluster Assembly shall be within their 12 steps of their group step counter demand position.”

    L02C. Delete LCO 3.1.4 note.

    L02D. Change Action Condition A from “one or more rod(s) inoperable.” to where it now applies to “One or more RCCA(s) inoperable.”

    L02E. Acronym defined in change to Required Action B.1 Completion Time from “1 hour with the OPDMS not monitoring parameters” to “1 hour with the On-Line Power Distribution Monitoring System not monitoring parameters.”

    L02F. Add Required Action B.2.3.1 where the Required Action will be to “Perform SR 3.2.5.1” with a Completion Time of “Once per 12 hours,” OR perform B.2.3, which is renumbered as B.2.3.2.1.

    L02G. Delete Required Action B.2.4 Note, and renumber the Required Action to B.2.3.2.2.

    L02H. Delete Required Action B.2.5 Note, and renumber the Required Action to B.2.3.2.3.

    L02I. Renumber Required Action B.2.6 to B.2.4.

    L02J. Change SR 3.1.4.2 Note from “Not applicable to GRCAs” to “Not applicable to Axial Offset (AO) Control Bank RCCAs.”

    L02K. Change SR 3.1.4.2 from “Verify rod freedom of movement (trippability) by moving each rod not fully inserted in the core ≥10 steps in either direction.” to “Verify rod freedom of movement (trippability) by moving each RCCA not fully inserted in the core ≥10 steps in either direction.”

    L02L. Delete the Note to SR 3.1.4.3

    L02M. Change SR 3.1.4.3 from “Verify rod drop time of each rod . . .” to “Verify rod drop time of each RCCA . . .”.

    SNC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant or a change in the methods governing normal plant operations. The proposed changes involve revising the existing LCO 3.1.4 operability to be applicable to RCCAs with accompanying changes in actions and surveillance requirements (with no change in required system or device function), such that more appropriate, albeit less restrictive, actions would be applied. The proposed changes involve excluding the Gray Rod Cluster Assemblies (GRCAs) in the LCO 3.1.4 Rod Group Alignments LCO since their trip reactivity worth is not credited in the shutdown margin assessments in MODES 1 and 2, nor required by the design basis to be operable. Only the rod cluster control assemblies (RCCAs) are required to be operable. The maximum rod misalignment is an initial assumption in the safety analyses that directly affects core power distributions and assumption of available shutdown margin (SDM). Since the GRCAs do not have a function to maintain the reactor sub-critical unless they are fully inserted, and the reactor is shut down, operability does not apply to GRCAs like it does for RCCAs in MODES 1 and 2. The design basis function of the GRCAs when the reactor is critical does not include a provision of trip reactivity.

    The revised LCO, associated actions and surveillance requirements are not an initiator to any accident previously evaluated. As a result, the probability of an accident previously evaluated is not affected.

    The consequences of an accident as a result of the revised LCO requirements, associated actions, and surveillance requirements are no different than the consequences of the same accident during the existing ones. As a result, the consequences of an accident previously evaluated are not affected by this change.

    The proposed change does not alter or prevent the ability of structures, systems, and components from performing their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits. The proposed change does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously evaluated. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change.

    This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change involves revising the existing LCO 3.1.4 operability to be applicable to RCCAs with accompanying changes in actions and surveillance requirements (with no change in required system or device function), such that more appropriate, albeit less restrictive, actions would be applied. The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will not reduce a margin of safety because it has no effect on any assumption of the safety analyses. While the LCO 3.1.4 for Rod Group Alignment Limits is made less restrictive by eliminating the worth of the GRCAs in MODES 1 and 2 with keff ≥1, no credit is taken in the current design basis for including their trip reactivity worth. As such, there is no significant reduction in a margin of safety.

    L03 SNC proposes to amend TS 3.1.6 Control Bank Insertion Limits by changing Note 2. from “This LCO is not applicable to Gray Rod Cluster Assembly (GRCA) banks during GRCA bank sequence exchange with On-Line Power Distribution Monitoring System monitoring parameters” to “This LCO is not applicable to Gray Rod Cluster Assembly (GRCA) banks for up to one hour during GRCA bank sequence exchange.”

    SNC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant or a change in the methods governing normal plant operations. The proposed change to TS 3.1.6 Control Bank Insertion Limits Note 2 is to not require On Line Power Distribution System (OPDMS) during GRCA bank sequence exchange and limit the LCO applicability exception for one hour after the insertion or sequence or overlap limits are violated due to the short duration of the sequence exchange. The final mechanical shim (MSHIM) design established that the GRCA bank sequence exchange will best be accomplished by moving both banks at the same time. The entire exchange sequence will only take a few minutes from the time banks begin moving. During this short duration, OPDMS is not suited for real time monitoring relative to the time constant for the vanadium fixed incore detector system. The exchange transient may be completed before the OPDMS detects a significant change in the core radial power distribution. In addition, it is unlikely there would be significant time to take corrective action in response to an OPDMS alarm if one occurred during the exchange.

    The revised LCO note exception is not an initiator of any accident previously evaluated. As a result, the probability of an accident previously evaluated is not affected.

    The consequences of an accident as a result of the revised LCO note exception is no different than the consequences of the same accident during the existing one. As a result, the consequences of an accident previously evaluated are not affected by this change.

    The proposed change does not alter or prevent the ability of structures, systems, and components from performing their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits. The proposed change does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously evaluated. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change.

    This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced.

    The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will not reduce a margin of safety because it has no effect on any assumption of the safety analyses. While the proposed change to TS 3.1.6, Note 2 would not require OPDMS be functional during GRCA bank sequence exchange for up to one hour, OPDMS operability is still required by TS 3.2.5 On-Line Power Distribution Monitoring System (OPDMS)—Monitored Parameters. As such, there is no significant reduction in a margin of safety.

    L04 SNC proposes to amend TS 3.1.7 Rod Position Indication by deleting Required Action B.2 and renumbering the remaining Condition B Required Actions.

    SNC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant or a change in the methods governing normal plant operations. The proposed change is to remove Required Action B.2 for monitoring and recording Reactor Coolant System (RCS) Tavg (with no change in required system or device function), such that more appropriate, albeit less restrictive, actions would be applied. There are no safety benefits, no acceptance criteria or no actions associated with any trends for recording Tavg. Monitoring Tavg provides no power distribution information for unmonitored rods that isn't already provided by complying with the existing requirements of Condition A, and average coolant temperature provides no indication of changes in shutdown margin.

    The revised actions are not an initiator of any accident previously evaluated. As a result, the probability of an accident previously evaluated is not affected.

    The consequences of an accident as a result of the revised LCO requirements and actions are no different than the consequences of the same accident during the existing ones. As a result, the consequences of an accident previously evaluated are not affected by this change.

    The proposed change does not alter or prevent the ability of structures, systems, and components from performing their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits. The proposed change does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously evaluated. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change.

    This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will not reduce a margin of safety because it has no effect on any assumption of the safety analyses. While the required actions of LCO 3.1.7 for Rod Position Indication are made less restrictive by deletion of Action B.2 for monitoring Tavg, monitoring Tavg provides no power distribution information for unmonitored rods that aren't already provided by complying with the existing requirements of Condition A. As such, there is no significant reduction in a margin of safety.

    L06 SNC proposes to amend TS 3.3.1 “Reactor Trip System Instrumentation,” Table 3.3.1-1 FUNCTION 12, (page 2 of 2), Passive Residual Heat Removal Actuation by deleting SR 3.3.1.9.

    SNC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change is to delete the Surveillance Requirement (SR) 3.3.1.9 Channel Calibration for the passive residual heat removal (PRHR) reactor trip system actuation. The PRHR reactor trip actuation initiates a reactor trip in the event either of the parallel PRHR discharge valves is not fully closed. The proper adjustment of the valve position indication contact inputs to the breaker position are verified by performance of SR 3.3.1.10 Trip Actuating Device Operational Test (TADOT). The revised surveillance requirements are not an initiator to any accident previously evaluated. The reactor trip from PRHR actuation has not changed, and the proper adjustment of the valve position indication contact inputs continues to be addressed by current SR 3.3.1.10. As a result, the probability of an accident previously evaluated is not affected.

    The consequences of an accident as a result of the revised surveillance requirements are no different than the consequences of the same accident during the existing ones. As a result, the consequences of an accident previously evaluated are not affected by this change.

    The proposed change does not alter or prevent the ability of structures, systems, and components from performing their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits.

    The proposed change does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously evaluated.

    Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change.

    This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change will not reduce a margin of safety because it has no effect on any assumption of the safety analyses. While the surveillance requirements have been made less restrictive, the intent of the deleted surveillance requirement remains covered by an existing surveillance requirement. As such, there is no significant reduction in a margin of safety.

    L07 SNC proposes to amend TS, Section 3.3.5, “Reactor Trip System Manual Actuation,” Table 3.3.5-1 “Reactor Trip System Manual Actuation,” Functions 1. Manual Reactor Trip, 2. Safeguards Actuation Input from Engineered Safety Feature Actuation System—Manual and 4. Core Makeup Tank Actuation Input from Engineered Safety Feature Actuation System—Manual for Required Channels to 2 switches.

    SNC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed changes define the required channels operable for manual reactor trip based upon the existing design. Required channels operable are not an initiator to any accident previously evaluated. As a result, the probability of an accident previously evaluated is not affected. The consequences of an accident with defined number of switches operable for manual reactor trip are no different than the consequences of the same accident using the existing required channels operable. As a result, the consequences of an accident previously evaluated are not affected by this change.

    The proposed change does not alter or prevent the ability of structures, systems, and components (SSCs) from performing their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits.

    The proposed change does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously evaluated.

    Further, the proposed change does not increase the types or amounts of radioactive effluent that may be released offsite, nor significantly increase individual or cumulative occupational/public radiation exposures. The proposed change is consistent with the safety analysis assumptions and resultant consequences.

    Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change to define the required channels operable consistent with the plant design does not alter the manner in which safety limits, limiting safety system settings or limiting conditions for operation are determined. The safety analysis acceptance criteria are not affected by this change. The proposed change will not result in plant operation in a configuration outside of the design basis. Therefore, there is no significant reduction in a margin of safety.

    L11 SNC proposes to amend current TS 3.8.3, “Inverters—Operating,” by changing:

    1. Action Condition A. from “One inverter inoperable.” to “One or two inverter(s) within one division inoperable.”

    2. Second Note in Required Action A.1 from “Restore inverter to OPERABLE status.” to “Restore inverter(s) to OPERABLE status.”

    SNC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, “Issuance of amendment,” as discussed below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant or a change in the methods governing normal plant operations. The proposed changes to action conditions to explicitly define an inverter division that contains two inoperable inverters is not an accident initiator nor do they impact mitigation of the consequences of any accident. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    The proposed change does not involve a physical alteration of the plant as described in the UFSAR and does not alter the method of operation or control of equipment as described in the UFSAR. The current assumptions in the safety analysis regarding accident initiators and mitigation of accidents are unaffected by this change. Plant equipment remains capable of performing mitigative functions assumed by the accident analysis. No additional failure modes or mechanisms are being introduced and the likelihood of previously analyzed failures remains unchanged.

    The integrity of fission product barriers, plant configuration, and operating procedures as described in the UFSAR will not be affected by this change. Therefore, the consequences of previously analyzed accidents will not increase because of this change. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed changes to action conditions to explicitly define an inverter division that contains two inoperable inverters does not involve a physical alteration of the plant as described in the UFSAR. No new equipment is being introduced, and equipment is not being operated in a new or different manner. There are no setpoints, at which protective or mitigative actions are initiated, that are affected by this change. This change will not alter the manner in which equipment operation is initiated, nor will the function demands on credited equipment be changed. No change is being made to the procedures relied upon to respond to an off-normal event as described in the UFSAR as a result of this change. As such, no new failure modes are being introduced. The change does not alter assumptions made in the safety analysis and licensing basis. Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    Response: No.

    Margin of safety is established through equipment design, operating parameters, and the setpoints at which automatic actions are initiated. The proposed change will not reduce a margin of safety because it has no such effect on any assumption of the safety analyses.

    Operation in accordance with the proposed TS operability ensures that the plant response to analyzed events continues to provide the margins of safety assumed by the analysis. Appropriate monitoring and maintenance, consistent with industry standards, will continue to be performed. Therefore, there is no significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: M. Stanford Blanton, Balch & Bingham LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.

    NRC Branch Chief: Jennifer Dixon-Herrity.

    Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia

    Date of amendment request: November 17, 2017. A publicly-available version is in ADAMS under Accession No. ML17321B080.

    Description of amendment request: The amendment request proposes changes to combined license (COL) License Condition and changes to the Updated Final Safety Analysis Report (UFSAR) in the form of departures from the incorporated plant-specific Design Control Document Tier 2* and associated Tier 2 information. Specifically, this amendment request involves a change to COL License Condition requirements regarding the Natural Circulation (first plant test) using the steam generators and the Passive Residual Heat Removal Heat Exchanger (first plant test). A COL License Condition is proposed to be revised to include an exception that would allow the requirements of a Technical Specification to be suspended during performance of the Natural Circulation (first plant test) using the steam generators. In addition, a revised Passive Residual Heat Removal Heat Exchanger (first plant test) is proposed to be performed as part of the Power Ascension Testing requirements instead of as part of the Initial Criticality and Low-Power Testing requirements as currently specified in a COL License Condition.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed changes do not adversely affect the operation of any systems or equipment that initiate an analyzed accident or alter any structures, systems, and components (SSC) accident initiator or initiating sequence of events. The proposed changes do not adversely affect the ability of the steam generators, applicable reactor trip functions, and the passive residual heat removal heat exchanger to perform the required safety function to remove core decay heat during forced and natural circulation when necessary to prevent exceeding the reactor core and the reactor coolant system design limits, and do not adversely affect the probability of inadvertent operation or failure of the passive residual heat removal heat exchanger. The proposed changes do not result in any increase in probability of an analyzed accident occurring, and maintain the initial conditions and operating limits required by the accident analysis, and the analyses of normal operation and anticipated operational occurrences, so that the reactor core and the reactor coolant system design limits are not exceeded for events requiring emergency core decay heat removal.

    Therefore, the requested amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed changes do not affect the operation of any systems or equipment that may initiate a new or different kind of accident, or alter any SSC such that a new accident initiator or initiating sequence of events is created. The proposed changes do not adversely affect the ability of the steam generators, applicable reactor trip functions, and the passive residual heat removal heat exchanger to perform the required safety function to remove core decay heat during forced and natural circulation when necessary to prevent exceeding the reactor core and the reactor coolant system design limits, and do not adversely affect the probability of inadvertent operation or failure of the passive residual heat removal heat exchanger. The proposed changes do not result in the possibility of an accident occurring, and maintain the initial conditions and operating limits required by the accident analysis, and the analyses of normal operation and anticipated operational occurrences, so that the reactor core and the reactor coolant system design limits are not exceeded for events requiring emergency core decay heat removal.

    These proposed changes do not adversely affect any other SSC design functions or methods of operation in a manner that results in a new failure mode, malfunction, or sequence of events that affect safety related or nonsafety related equipment. Therefore, this activity does not allow for a new fission product release path, result in a new fission product barrier failure mode, or create a new sequence of events that results in significant fuel cladding failures.

    Therefore, the requested amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The proposed changes maintain existing safety margins through continued application of the existing requirements of the UFSAR. The proposed changes maintain the initial conditions and operating limits required by the accident analysis, and the analyses of normal operation and anticipated operational occurrences, so that the reactor core and the reactor coolant system design limits are not exceeded for events requiring emergency core decay heat removal. Therefore, the proposed changes satisfy the same safety functions in accordance with the same requirements as stated in the UFSAR. These changes do not adversely affect any design code, function, design analysis, safety analysis input or result, or design/safety margin.

    No safety analysis or design basis acceptance limit/criterion is challenged or exceeded by the proposed changes, and no margin of safety is reduced. Therefore, the requested amendment does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

    Attorney for licensee: M. Stanford Blanton, Balch & Bingham LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.

    NRC Branch Chief: Jennifer Dixon-Herrity.

    Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia

    Date of amendment request: December 21, 2017. A publicly-available version is in ADAMS under Accession No. ML17355A416.

    Description of amendment request: The requested amendment proposes changes to combined license License Condition 2.D by adding a new condition to address the Tier 2* change process. The proposal also requests exemptions from the requirements of 10 CFR part 52, Appendix D, Paragraphs II.F, VIII.B.6.b, and VIII.B.6.c.

    Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    The proposed changes would add a license condition that would allow use of the Tier 2 departure evaluation process for Tier 2* departures, where such departures would not have more than a minimal impact to safety. Changing the criteria by which departures from Tier 2* information are evaluated to determine if NRC approval is required does not affect the plant itself. Changing these criteria does not affect prevention and mitigation of abnormal events, e.g., accidents, anticipated operational occurrences, earthquakes, floods and turbine missiles, or their safety or design analyses. No safety-related structure, system, component (SSC) or function is adversely affected. The changes neither involve nor interface with any SSC accident initiator or initiating sequence of events, and thus, the probabilities of the accidents evaluated in the Updated Final Safety Analysis Report (UFSAR) are not affected. Because the changes do not involve any safety related SSC or function used to mitigate an accident, the consequences of the accidents evaluated in the UFSAR are not affected.

    Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

    Response: No.

    The proposed changes would add a license condition that would allow use of the Tier 2 departure evaluation process for Tier 2* departures, where such departures would not have more than a minimal impact to safety. The changes do not affect the safety-related equipment itself, nor do they affect equipment which, if it failed, could initiate an accident or a failure of a fission product barrier. No analysis is adversely affected. No system or design function or equipment qualification is adversely affected by the changes. This activity does not allow for a new fission product release path, result in a new fission product barrier failure mode, or create a new sequence of events that would result in significant fuel cladding failures. In addition, the changes do not result in a new failure mode, malfunction or sequence of events that could affect safety or safety-related equipment.

    Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The proposed changes would add a license condition that would allow use of the Tier 2 departure evaluation process for Tier 2* departures, where such departures would not have more than a minimal impact to safety.

    The proposed change is not a modification, addition to, or removal of any plant SSCs. Furthermore, the proposed amendment is not a change to procedures or method of control of the nuclear plant or any plant SSCs. The only impact of this activity is the application of the current Tier 2 departure evaluation process to Tier 2* departures.

    Therefore, the proposed amendment does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three sta