Federal Register Vol. 83, No.44,

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range9419-9681
FR Document

83_FR_44
Current View
Page and SubjectPDF
83 FR 9681 - Delegation of Authorities Under Section 1245 of the National Defense Authorization Act for Fiscal Year 2018PDF
83 FR 9569 - Sunshine Act MeetingsPDF
83 FR 9561 - Sunshine Act MeetingsPDF
83 FR 9432 - Drawbridge Operation Regulation; Willamette River, Portland, ORPDF
83 FR 9550 - FirstEnergy Nuclear Operating Company; Beaver Valley Power Station; Unit Nos. 1 and 2; Use of Optimized ZIRLOTMPDF
83 FR 9578 - Advisory Group to the Commissioner of Internal Revenue; Charter RenewalPDF
83 FR 9419 - Rotorcraft Pilot Compartment ViewPDF
83 FR 9548 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Analysis of Employer Performance Measurement ApproachesPDF
83 FR 9547 - Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; Youth CareerConnect (YCC) Grant Program, Extension of Previously Approved CollectionPDF
83 FR 9499 - Request for Information Regarding Bureau Public Reporting Practices of Consumer Complaint InformationPDF
83 FR 9503 - Proposed Collection; Comment RequestPDF
83 FR 9560 - New Postal ProductsPDF
83 FR 9543 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
83 FR 9540 - Native American Graves Protection and Repatriation Review Committee: Notice of Nomination SolicitationPDF
83 FR 9501 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Earned Value Management SystemPDF
83 FR 9571 - National Express Transit Corporation-Acquisition of Control-Aristocrat Limousine and Bus, Inc.PDF
83 FR 9440 - Lipochitooligosaccharide (LCO) SP104; Exemption From the Requirement of a TolerancePDF
83 FR 9571 - Determination Under Section 7070(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 Regarding the Central Government of VenezuelaPDF
83 FR 9512 - Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain UsesPDF
83 FR 9532 - 60-Day Notice of Proposed Information Collection: Self-Help Homeownership Opportunity Program (SHOP): CorrectionPDF
83 FR 9442 - Kasugamycin; Pesticide TolerancesPDF
83 FR 9533 - Notice of HUD Vacant Loan Sales (HVLS 2018-1)PDF
83 FR 9518 - Privacy Act of 1974; System of RecordsPDF
83 FR 9481 - Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification WorkshopsPDF
83 FR 9510 - Notice of Meeting of the EPA Children's Health Protection Advisory CommitteePDF
83 FR 9517 - Pesticide Product Registration; Receipt of Applications for New Active IngredientsPDF
83 FR 9511 - Pesticide Product Registration; Receipt of Applications for New UsesPDF
83 FR 9471 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various CommoditiesPDF
83 FR 9574 - Pipeline Safety: Meeting of the Gas Pipeline Advisory CommitteePDF
83 FR 9573 - Pipeline Safety: Information Collection ActivitiesPDF
83 FR 9503 - Charter Amendment of Department of Defense Federal Advisory CommitteesPDF
83 FR 9502 - Charter Amendment of Department of Defense Federal Advisory CommitteesPDF
83 FR 9475 - Proposed Information Collection; Comment Request; Boundary and Annexation SurveyPDF
83 FR 9535 - Updates to Bureau of Indian Affairs Categorical Exclusions Under the National Environmental Policy ActPDF
83 FR 9561 - Securities Exchange Act of 1934; Order Granting Petitions for Review and Scheduling Filing of StatementsPDF
83 FR 9501 - Early Engagement Opportunity: Implementation of National Defense Authorization Act for Fiscal Year 2018PDF
83 FR 9546 - Agency Information Collection Activities; Comment Request; Tax Performance System (TPS)PDF
83 FR 9526 - Announcing Project Period Extensions With Funding for Health Center Program Award Recipients in Puerto Rico; Health Center ProgramPDF
83 FR 9523 - National Vaccine Injury Compensation Program; List of Petitions ReceivedPDF
83 FR 9571 - U.S. Advisory Commission on Public Diplomacy; Notice of MeetingPDF
83 FR 9575 - Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
83 FR 9454 - Special Local Regulation; Pensacola Bay, Pensacola, FLPDF
83 FR 9479 - Expansion of Foreign-Trade Zone 84 Under Alternative Site Framework Houston, TexasPDF
83 FR 9479 - Certain Lined Paper Products From India and the People's Republic of China; Continuation of Antidumping Duty Orders and Countervailing Duty OrderPDF
83 FR 9542 - Agency Information Collection Activities; Oil-Spill Response Requirements for Facilities Located Seaward of the Coast LinePDF
83 FR 9541 - Agency Information Collection Activities; Safety and Environmental Management Systems (SEMS)PDF
83 FR 9431 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, West Palm Beach, FLPDF
83 FR 9530 - Area Maritime Security Committee; Charleston, SC Committee VacanciesPDF
83 FR 9473 - Updates to Floodplain Management and Protection of Wetlands Regulations To Implement Executive Order 13690 and the Federal Flood Risk Management StandardPDF
83 FR 9474 - Notice of Intent To Grant Exclusive LicensePDF
83 FR 9506 - Marco DM Holdings, L.L.C.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
83 FR 9505 - Combined Notice of FilingsPDF
83 FR 9509 - Combined Notice of Filings #1PDF
83 FR 9438 - Air Plan Approval; Massachusetts; Logan Airport Parking FreezePDF
83 FR 9456 - Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MDPDF
83 FR 9541 - Notice of March 23, 2018, Meeting of the Gateway National Recreation Area Fort Hancock 21st Century Advisory CommitteePDF
83 FR 9562 - Self-Regulatory Organizations; The Options Clearing Corporation; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove the Proposed Rule Change To Revise The Options Clearing Corporation's Schedule of FeesPDF
83 FR 9539 - Notice of Intent To Amend the Miles City Field Office 2015 Resource Management Plan and To Prepare an Associated Environmental Assessment, MontanaPDF
83 FR 9525 - Agency Information Collection Activities: Submission to OMB for Review and Approval; Public Comment Request; Federal Tort Claims Act (FTCA) Program Deeming Application for Health Centers, OMB No. 0906-XXXX-NEWPDF
83 FR 9522 - Agency Information Collection Activities: Proposed Collection: Public Comment Request; Information Collection Request Title: Faculty Loan Repayment Program; OMB No. 0915-0150-ExtensionPDF
83 FR 9426 - Annual Adjustment of Civil Monetary Penalties to Reflect Inflation-2018PDF
83 FR 9520 - Notice of Closed MeetingPDF
83 FR 9522 - Notice of Closed MeetingPDF
83 FR 9520 - Advisory Council for the Elimination of Tuberculosis Meeting (ACET)PDF
83 FR 9521 - Advisory Board on Radiation and Worker Health (ABRWH or the Advisory Board), National Institute for Occupational Safety and Health (NIOSH)PDF
83 FR 9521 - Clinical Laboratory Improvement Advisory Committee (CLIAC)PDF
83 FR 9538 - Alaska Native Claims SelectionPDF
83 FR 9538 - Meetings of the Dumont Dunes Subgroup of the California Desert District Advisory Council, CAPDF
83 FR 9497 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Testing and Training Activities Conducted in the Eglin Gulf Test and Training Range in the Gulf of MexicoPDF
83 FR 9559 - Advisory Committee on Reactor Safeguards; Notice of Meeting, RevisedPDF
83 FR 9544 - Meeting of the Judicial Conference Advisory Committee on Rules of EvidencePDF
83 FR 9561 - Product Change-Priority Mail and First-Class Package Service Negotiated Service AgreementPDF
83 FR 9528 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
83 FR 9528 - National Institute on Aging; Notice of Closed MeetingPDF
83 FR 9527 - National Cancer Institute; Notice of Closed MeetingPDF
83 FR 9526 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 9527 - Center for Scientific Review; Notice of Closed MeetingPDF
83 FR 9528 - Center For Scientific Review; Notice of Closed MeetingsPDF
83 FR 9505 - EDF Renewable Energy, Inc. v. Reform of Affected System Coordination in the Generator Interconnection Process, v. Midcontinent Independent System Operator, Inc., Southwest Power Pool, Inc., and PJM Interconnection, L.L.C.; Supplemental Notice of Technical ConferencePDF
83 FR 9506 - Duke Energy Carolinas, LLC; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and ProtestsPDF
83 FR 9504 - New York Power Authority; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and ProtestsPDF
83 FR 9508 - Targa NGL Pipeline Company LLC; Notice of Request for Temporary WaiverPDF
83 FR 9508 - Medallion Delaware Express, LLC, Medallion Pipeline Company, LLC; Notice of Petition for Declaratory OrderPDF
83 FR 9504 - PJM Interconnection, L.L.C., Ohio Valley Electric Corporation; Notice Establishing Answer Period to Motion To Defer Effective DatePDF
83 FR 9507 - Gulf South Pipeline Company, LP; Notice of Availability of the Environmental Assessment for the Proposed Westlake Expansion ProjectPDF
83 FR 9531 - Agency Information Collection Activities: Homeland Security Acquisition Regulation (HSAR); Various Homeland Security Acquisitions Regulations Forms; DHS-2018-0010PDF
83 FR 9502 - Department of Defense Science and Technology Reinvention Laboratory (STRL) Personnel Management Demonstration (Demo) Project ProgramPDF
83 FR 9576 - Electronic Tax Administration Advisory Committee (ETAAC)PDF
83 FR 9577 - Proposed Collection; Comment Request for Form 8453-FE, Form 8453-EMP, 8879-F and Form 8879-EMPPDF
83 FR 9576 - Proposed Collection; Comment Request for Regulation ProjectPDF
83 FR 9433 - Production or Disclosure of Material or Information; Technical CorrectionsPDF
83 FR 9478 - Submission for OMB Review; Comment RequestPDF
83 FR 9564 - Alcentra Capital Corporation, et al.PDF
83 FR 9549 - Value Engineering (VE)PDF
83 FR 9529 - Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal AgenciesPDF
83 FR 9544 - Notice Pursuant to The National Cooperative Research and Production Act of 1993-National Spectrum ConsortiumPDF
83 FR 9545 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Telemanagement ForumPDF
83 FR 9483 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird and Shorebird Research and Monitoring in MassachusettsPDF
83 FR 9424 - Airworthiness Directives; Safran Helicopter Engines, S.A., Turboshaft EnginesPDF
83 FR 9498 - Community Bank Advisory Council MeetingPDF
83 FR 9430 - Drawbridge Operation Regulation; Youngs Bay and Lewis and Clark River, Astoria, ORPDF
83 FR 9432 - Drawbridge Operation Regulation; Snohomish River and Steamboat Slough, Everett and Marysville, WAPDF
83 FR 9429 - Drawbridge Operation Regulation; Columbia River, Vancouver, WAPDF
83 FR 9570 - 60-Day Notice of Proposed Information Collection: Statement of Political Contributions, Fees, and Commissions Relating to Sales of Defense Articles and Defense ServicesPDF
83 FR 9435 - Air Quality Plans; Pennsylvania; Lebanon County 2012 Fine Particulate Matter Standard Determination of AttainmentPDF
83 FR 9451 - Proposed Amendment of Class E Airspace; Mineral Point, WIPDF
83 FR 9452 - Proposed Establishment of Canadian Area Navigation (RNAV) Route T-705; Northeastern United StatesPDF
83 FR 9419 - Rules Regarding Delegation of Authority: Delegation of Authority to the Secretary of the BoardPDF
83 FR 9447 - Hiring Flexibility Under Professional StandardsPDF
83 FR 9459 - Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt CollectionPDF
83 FR 9580 - Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System OperatorsPDF
83 FR 9636 - Essential Reliability Services and the Evolving Bulk-Power System-Primary Frequency ResponsePDF
83 FR 9553 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards InformationPDF

Issue

83 44 Tuesday, March 6, 2018 Contents Agricultural Research Agricultural Research Service NOTICES Exclusive Licenses; Approvals: Mississippi State University, 9474 2018-04494 Oklahoma State University, 9474-9475 2018-04492 2018-04493 Agriculture Agriculture Department See

Agricultural Research Service

See

Food and Nutrition Service

Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act: National Spectrum Consortium, 9544-9545 2018-04443 TeleManagement Forum, 9545-9546 2018-04442 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Meeting: Community Bank Advisory Council, 9498-9499 2018-04438 Requests for Information: Bureau Public Reporting Practices of Consumer Complaint Information, 9499-9501 2018-04544 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Oil-Spill Response Requirements for Facilities Located Seaward of Coast Line, 9542-9543 2018-04500 Safety and Environmental Management Systems, 9541-9542 2018-04499 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9478-9479 2018-04448 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Boundary and Annexation Survey, 9475-9478 2018-04514 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings, 9520, 9522 2018-04478 2018-04479 Meetings: Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 9521-9522 2018-04476 Centers for Disease Control and Prevention Advisory Council for Elimination of Tuberculosis, 9520 2018-04477 Clinical Laboratory Improvement Advisory Committee, 9521 2018-04475 Coast Guard Coast Guard RULES Drawbridge Operations: Atlantic Intracoastal Waterway, West Palm Beach, FL, 9431 2018-04497 Columbia River, Vancouver, WA, 9429-9430 2018-04434 Snohomish River and Steamboat Slough, Everett and Marysville, WA, 9432 2018-04435 Willamette River, Portland, OR, 9432-9433 2018-04568 Youngs Bay and Lewis and Clark River, Astoria, OR, 9430 2018-04436 PROPOSED RULES Safety Zones: Fireworks Display, Patapsco River, Inner Harbor, Baltimore, MD, 9456-9459 2018-04487 Special Local Regulations: Pensacola Bay, Pensacola, FL, 9454-9456 2018-04503 NOTICES Requests for Membership: Area Maritime Security Committee, Charleston, SC, 9530-9531 2018-04496 Commerce Commerce Department See

Census Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Commodity Futures Commodity Futures Trading Commission RULES Annual Adjustment of Civil Monetary Penalties to Reflect Inflation—2018, 9426-9429 2018-04480 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Earned Value Management System, 9501-9502 2018-04538 Early Engagement Opportunity: Implementation of National Defense Authorization Act for Fiscal Year 2018, 9501 2018-04511 Defense Department Defense Department See

Defense Acquisition Regulations System

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9503-9504 2018-04542 Charter Amendments: Department of Defense Federal Advisory Committees, 9502-9503 2018-04515 2018-04516 Science and Technology Reinvention Laboratory Personnel Management Demonstration Project Program, 9502-9503 2018-04453
Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tax Performance System, 9546-9547 2018-04509 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Massachusetts; Logan Airport Parking Freeze, 9438-9440 2018-04488 Pennsylvania; Lebanon County 2012 Fine Particulate Matter Standard Determination of Attainment, 9435-9438 2018-04424 Pesticide Tolerances: Kasugamycin, 9442-9446 2018-04529 Pesticide Tolerances; Exemptions: Lipochitooligosaccharide SP104, 9440-9442 2018-04534 PROPOSED RULES Pesticides: Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 9471-9473 2018-04522 NOTICES Meetings: Children's Health Protection Advisory Committee, 9510 2018-04525 Pesticide Product Registrations: Applications for New Active Ingredients, 9517-9518 2018-04524 Applications for New Uses, 9511 2018-04523 Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses, 9512-9517 2018-04531 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Safran Helicopter Engines, S.A., Turboshaft Engines, 9424-9426 2018-04439 Rotorcraft Pilot Compartment View, 9419-9423 2018-04547 PROPOSED RULES Proposed Amendment of Class E Airspace: Mineral Point, WI, 9451-9452 2018-04416 Proposed Establishment of Canadian Area Navigation Route: T-705, Northeastern United States, 9452-9454 2018-04415 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Updates to Floodplain Management and Protection of Wetlands Regulations; Withdrawal, 9473 2018-04495 Federal Energy Federal Energy Regulatory Commission RULES Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators, 9580-9633 2018-03708 Essential Reliability Services and Evolving Bulk-Power System—Primary Frequency Response, 9636-9677 2018-03707 NOTICES Applications: Duke Energy Carolinas, LLC, 9506-9507 2018-04461 New York Power Authority, 9504-9505 2018-04460 Combined Filings, 9505-9506, 9509-9510 2018-04489 2018-04490 Declaratory Orders: Medallion Delaware Express, LLC; Medallion Pipeline Co., LLC: Petition, 9508-9509 2018-04458 Environmental Assessments; Availability, etc.: Gulf South Pipeline Company, LP; Docket No. CP17-476-000, 9507-9508 2018-04456 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Marco DM Holdings, LLC, 9506 2018-04491 Meetings: Technical Conference; EDF Renewable Energy, Inc. v. Midcontinent Independent System Operator, Inc., Southwest Power Pool, Inc., and PJM Interconnection, LLC, 9505 2018-04462 Motions To Defer Effective Dates: PJM Interconnection, LLC; Ohio Valley Electric Corp., 9504 2018-04457 Temporary Waivers: Targa NGL Pipeline Co., LLC: Request, 9508 2018-04459 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Privacy Act; Systems of Records, 9518-9520 2018-04527 Federal Procurement Federal Procurement Policy Office NOTICES Value Engineering, 9549-9550 2018-04445 Federal Reserve Federal Reserve System RULES Delegations of Authority: Secretary of the Board, 9419 2018-04385 Food and Nutrition Food and Nutrition Service PROPOSED RULES Hiring Flexibility Under Professional Standards, 9447-9451 2018-04233 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Health Resources and Services Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Faculty Loan Repayment Program, 9522-9523 2018-04481 Federal Tort Claims Act Program Deeming Application for Health Centers, 9525-9526 2018-04482 List of Petitions: National Vaccine Injury Compensation Program, 9523-9525 2018-04506 Project Period Extensions With Funding: Health Center Program, 9526 2018-04507 Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Homeland Security Acquisition Regulation Various Homeland Security Acquisitions Regulations Forms, 9531-9532 2018-04455
Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Self-Help Homeownership Opportunity Program; Correction, 9532-9533 2018-04530 Vacant Loan Sales, 9533-9535 2018-04528 Indian Affairs Indian Affairs Bureau NOTICES National Environmental Policy Act: Updates to Categorical Exclusions, 9535-9538 2018-04513 Interior Interior Department See

Bureau of Safety and Environmental Enforcement

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9576-9578 2018-04450 2018-04451 Charter Renewals: Advisory Group to Commissioner of Internal Revenue, 9578 2018-04548 Electronic Tax Administration Advisory Committee, 9576 2018-04452 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Lined Paper Products From India and the People's Republic of China, 9479-9481 2018-04501 Expansions Under Alternative Site Frameworks: Foreign-Trade Zone 84, Houston, TX, 9479 2018-04502 International Trade Com International Trade Commission NOTICES Complaints: Certain Toner Cartridges and Components Thereof, 9543-9544 2018-04540 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Advisory Committee on Rules of Evidence, 9544 2018-04470 Justice Department Justice Department See

Antitrust Division

Labor Department Labor Department See

Employment and Training Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Analysis of Employer Performance Measurement Approaches, 9548-9549 2018-04546 Youth CareerConnect Grant Program, 9547-9548 2018-04545
Land Land Management Bureau NOTICES Alaska Native Claims Selection, 9538 2018-04474 Environmental Assessments; Availability, etc.: Montana: Miles City Field Office 2015 Resource Management Plan, 9539-9540 2018-04483 Meetings: Dumont Dunes Subgroup of California Desert District Advisory Council, CA, 9538-9539 2018-04473 Management Management and Budget Office See

Federal Procurement Policy Office

National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 9526-9529 2018-04463 2018-04464 2018-04465 National Cancer Institute, 9527 2018-04466 National Institute of Allergy and Infectious Diseases, 9528 2018-04468 National Institute on Aging, 9528 2018-04467 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops, 9481-9483 2018-04526 Takes and Imports of Marine Mammals Incidental to Specified Activities: Testing and Training Activities Conducted in Eglin Gulf Test and Training Range in Gulf of Mexico, 9497-9498 2018-04472 Takes of Marine Mammals Incidental to Specified Activities: Seabird and Shorebird Research and Monitoring in Massachusetts, 9483-9497 2018-04440 National Park National Park Service NOTICES Meetings: Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee, 9541 2018-04485 Requests for Nominations: Native American Graves Protection and Repatriation Review Committee, 9540-9541 2018-04539 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 9553-9559 2018-03235 Exemptions: FirstEnergy Nuclear Operating Co., Beaver Valley Power Station Unit Nos. 1 and 2; Use of Optimized ZIRLO Fuel Rod Cladding, 9550-9552 2018-04549 Meetings: Advisory Committee on Reactor Safeguards, 9559-9560 2018-04471 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pipeline Safety, 9573-9574 2018-04519 Meetings: Gas Pipeline Advisory Committee, 9574-9575 2018-04520 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 9560-9561 2018-04541 Postal Service Postal Service RULES Production or Disclosure of Material or Information; Technical Corrections, 9433-9435 2018-04449 NOTICES Product Changes: Priority Mail and First-Class Package Service Negotiated Service Agreement, 9561 2018-04469 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2018; Delegation of Authority (Memorandum of February 20, 2018), 9679-9681 2018-04641 Presidio Presidio Trust PROPOSED RULES Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt Collection, 9459-9470 2018-03939 Securities Securities and Exchange Commission NOTICES Applications: Alcentra Capital Corp., et al., 9564-9569 2018-04447 Meetings; Sunshine Act, 9561, 9569-9570 2018-04606 2018-04607 Petitions for Review and Scheduling Filing of Statements: Cboe BZX Exchange, Inc., 9561-9562 2018-04512 Self-Regulatory Organizations; Proposed Rule Changes: Options Clearing Corp., 9562-9564 2018-04484 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement of Political Contributions, Fees, and Commissions Relating to Sales of Defense Articles and Defense Services, 9570 2018-04433 Determinations Under Department of State, Foreign Operations, and Related Programs Appropriations Act: Central Government of Venezuela, 9571 2018-04532 Meetings: U.S. Advisory Commission on Public Diplomacy, 9571 2018-04505 Substance Substance Abuse and Mental Health Services Administration NOTICES Certified Laboratories and Instrumented Initial Testing Facilities: Urine Drug Testing for Federal Agencies, 9529-9530 2018-04444 Surface Transportation Surface Transportation Board NOTICES Acquisitions of Control: National Express Transit Corp.; Aristocrat Limousine and Bus, Inc., 9571-9573 2018-04537 Transportation Department Transportation Department See

Federal Aviation Administration

See

Pipeline and Hazardous Materials Safety Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 9575-9576 2018-04504
Treasury Treasury Department See

Internal Revenue Service

Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 9580-9633 2018-03708 Part III Energy Department, Federal Energy Regulatory Commission, 9636-9677 2018-03707 Part IV Presidential Documents, 9679-9681 2018-04641 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 44 Tuesday, March 6, 2018 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 265 [Docket No. R-1600] RIN 7100 AE99 Rules Regarding Delegation of Authority: Delegation of Authority to the Secretary of the Board AGENCY:

Board of Governors of the Federal Reserve System (Board).

ACTION:

Final rule.

SUMMARY:

The Board is amending its rules regarding delegation of authority to delegate to the Secretary of the Board the authority to review and determine an appeal of denial of access to Board records under the Freedom of Information Act, the Privacy Act, and the Board's rules regarding such access.

DATES:

Effective March 6, 2018.

FOR FURTHER INFORMATION CONTACT:

Brian Phillips, Attorney, (202) 452-3321, Legal Division, Board of Governors of the Federal Reserve System, 20th and C Streets NW, Washington, DC 20551. For the hearing impaired only, Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869.

SUPPLEMENTARY INFORMATION:

I. Discussion

The Board previously adopted a rule delegating to any member of the Board, as designated by the Chairman, the authority to “review and determine an appeal of denial of access to Board records under the Freedom of Information Act, the Privacy Act, and the Board's rules regarding such access.” 1 The Board has determined that the Secretary of the Board is capable of acting on such requests. Accordingly, the Board is amending its rules regarding delegation of authority to delegate to the Secretary of the Board the authority to review and determine an appeal of denial of access to Board records under the Freedom of Information Act, the Privacy Act, and the Board's rules regarding such access, and to delete the existing delegation of authority to individual Board members.

1 12 CFR 265.4(a)(1) (internal citations omitted).

II. Regulatory Analysis

These amendments relate solely to the agency's organization, procedure, or practice. Accordingly, the provisions of the Administrative Procedure Act regarding notice of proposed rulemaking and opportunity for public participation are not applicable.2

2 5 U.S.C. 553(b)(A).

Because no notice of proposed rulemaking is required to be issued, or has been issued, in connection with this rule, it is not a “rule” for purposes of the Regulatory Flexibility Act, and that act, therefore, does not apply.3

3See 5 U.S.C. 601(2).

These amendments do not contain any collection of information requirements as defined by the Paperwork Reduction Act of 1995, as amended.4

4 44 U.S.C. 3501 et seq.

Section 722 of the Gramm-Leach-Bliley Act 5 requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The Board has sought to present this rule in a simple and straightforward manner.

5 Public Law 106-102, 113 Stat. 1338, 1471 (1999) (codified at 12 U.S.C. 4809).

The rule is not a “substantive rule” for the purposes of the effective-date provision of the Administrative Procedure Act; as such, the act does not require the Board to delay the effective date of the rule.6 Accordingly, the amendments are effective March 6, 2018.

6See 5 U.S.C. 553(d).

List of Subjects in 12 CFR Part 265

Authority delegations (Government agencies), Banks, banking.

Authority and Issuance

For the reasons stated in the Supplementary Information, the Board of Governors of the Federal Reserve System amends 12 CFR part 265 as follows:

PART 265—RULES REGARDING DELEGATION OF AUTHORITY 1. The authority citation for part 265 continues to read as follows: Authority:

12 U.S.C. 248(i) and (k).

§ 265.4 [Amended]
2. In § 265.4: a. Remove paragraph (a)(1); and b. Redesignate paragraphs (a)(2) through (4) as paragraphs (a)(1) through (3). 3. In § 265.5: a. Revise the introductory text; b. Redesignate paragraphs (b)(2) and (3) as paragraphs (b)(3) and (4); and c. Add new paragraph (b)(2)

The revisions and additions read as follows:

§ 265.5 Functions delegated to Secretary of the Board.

The Secretary of the Board (or the Secretary's delegee) is authorized:

(b) * * *

(2) Review of denial of access to Board records; FOIA. To review and determine an appeal of denial of access to Board records under the Freedom of Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and the Board's rules regarding such access (12 CFR parts 261 and 261a, respectively).

By order of the Board of Governors of the Federal Reserve System, February 28, 2018. Margaret M. Shanks, Deputy Secretary of the Board.
[FR Doc. 2018-04385 Filed 3-5-18; 8:45 am] BILLING CODE P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 27 and 29 [Docket No.: FAA-2016-9275; Amdt. No(s). 27-50, 29-57] RIN 2120-AK91 Rotorcraft Pilot Compartment View AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

The FAA is revising its rules for pilot compartment view to allow ground tests to demonstrate compliance for night operations. The requirement for night flight testing to demonstrate compliance is not necessary in every case. The revision will relieve the burden of performing a night flight test under certain conditions.

DATES:

Effective May 7, 2018.

ADDRESSES:

For information on where to obtain copies of rulemaking documents and other information related to this final rule, see “How To Obtain Additional Information” in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT:

For technical questions concerning this action, contact Clark Davenport, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5151; email [email protected]

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules on 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 III, Sections 44701 and 44704. Under section 44701, the FAA is charged with prescribing regulations promoting safe flight of civil aircraft in air commerce by prescribing minimum standards required in the interest of safety for the design and performance of aircraft. Under section 44704, the Administrator issues type certificates for aircraft, aircraft engines, propellers, and specified appliances when the Administrator finds the product is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section 44701(a). This regulation is within the scope of these authorities because it promotes safety by updating the existing minimum prescribed standards used during the type certification process to address an equivalent method of showing compliance.

I. Background A. Statement of the Problem

The FAA's rules on airworthiness standards for the pilot compartment in rotorcraft and the requirements for each pilot's view from that compartment are located in parts 27 and 29 of title 14 of the Code of Federal Regulations (14 CFR). Specifically, §§ 27.773(a) and 29.773(a) require that each pilot compartment must be free of glare and reflection that could interfere with the pilot's view. Sections 27.773(b) and 29.773(b) require a flight test to show compliance with paragraph (a) of their respective sections if certification for night operations is requested. While this requirement applies to all applicants for rotorcraft installations that may affect the pilot's ability to see outside the aircraft, the FAA finds that a flight test may not be the only means available to show compliance for some modifications. The purpose of the internal lighting tests is to determine whether the lighting creates glare and reflections within the cockpit that could interfere with the pilot's view outside of the aircraft.

The FAA has conducted rotorcraft ground and flight internal lighting tests over the past 15 years where all external lighting was blocked from entering the cockpit on the ground evaluation and then conducted the follow-on night flight tests. They found that the ground test results were the same as the flight tests. Based on this experience, the FAA concluded that the two tests will provide the same results. The FAA has determined that creating an environment where external light is blocked from entering the cockpit or where the rotorcraft is placed in a darkened hangar or paint booth, provides the same environment as a night flight test would for cockpit lighting evaluations. The FAA has concluded that a ground test provides the same level of safety and that the current requirements in §§ 27.773 and 29.773 for a night flight test are imposing an unnecessary economic burden on applicants for certification for night operations.

B. Summary of the NPRM

On October 17, 2016, the FAA published a notice of proposed rulemaking (NPRM), “Rotorcraft Pilot Compartment View” (81 FR 71412). The FAA proposed to allow a ground test as an alternative to a night flight test in certain cases to show compliance for night operations. The FAA included two Draft Advisory Circulars, (AC) 27-1B, Certification of Normal Category Rotorcraft and AC 29-2C, Certification of Transport Category Rotorcraft, setting forth the conditions under which a ground test would be acceptable and an acceptable means of compliance for the ground test.1

1http://rgl.faa.gov/Regulatory_and_Guidance_Library/.

The original comment period closed on November 16, 2016. However, the FAA did not post the associated draft advisory circulars (AC) for public display until November 9, 2016. As a result, the FAA reopened the comment period (81 FR 83744) until December 13, 2016.

II. Discussion of Public Comments and Final Rule

The FAA received comments from three aviation companies (Aviation Specialists Unlimited, Inc., Garmin International, and The Boeing Company) and three individuals. Two of the aviation companies and an individual supported the proposed rule. The remaining commenters supported the rule but suggested changes, which are discussed below.

A. Ground Test Criteria

An individual requested the FAA clearly define when a ground test can and cannot be performed and address factors such as the amount of interior light emissions, exterior light emissions, color of light emissions, and focal point of light intensity.

The FAA notes that Advisory Circular (AC) 27-1B, Certification of Normal Category Rotorcraft and AC 29-2C, Certification of Transport Category Rotorcraft address the individual's comments. AC 27-1B and AC 29-2C already provide qualitative general guidance to determine appropriate testing methods.2

2 Advisory Circular (AC) 27-1B and AC 29-2C will be posted in Docket No. FAA-2016-9275.

B. Validation of Ground Testing

An individual requested the FAA conduct tests to analyze specific proficiencies and deficiencies of simulated night ground testing. Alternatively, if there is already empirical and observational evidence that proves the safety factors in ground testing, the commenter requested this be identified in the final rule.

The FAA's determination that a ground test provides the same level of safety is based on the FAA's experience with cockpit lighting evaluations for rotorcraft certification projects. The FAA found the two tests had the same results.

C. Requirements for Night Testing

Two individuals requested that night testing account for various lighting scenarios. One of these individuals requested the FAA conduct tests to ensure the accuracy of each ground test simulation using both interior and exterior lighting effects on the rotorcraft windshield and visibility. Another individual requested that testing account for different outside lighting scenarios through multiple ground tests, in both a well-lit airfield and a dark hanger.

The intent of this rule is to allow ground tests, under certain circumstances, to demonstrate compliance for night operations. The FAA notes the request to add additional night testing requirements is beyond the scope of this rulemaking. In light of the comments, the FAA recognizes the material in the AC regarding exterior lighting may create confusion. As a result, we have revised the AC to clarify that exterior lighting is identified as exterior aircraft lighting only.

D. Eliminate Testing Requirement

An aviation company requested that the FAA eliminate the requirement to perform either a ground test or a flight test and require instead that applicants show “compliance.” In support of this request, the commenter stated the FAA and industry are generally in agreement that regulations be performance-based without specifying a means of compliance which, instead, is established through policy, guidance, or industry standards.

The requested change to eliminate testing would compromise the level of safety intended by this rule. Because of the complexity and variables involved in lighting interaction in rotorcraft cockpits, the FAA has determined that either a night flight test or a ground test is required.

The FAA is adopting the rule as proposed.

IV. Regulatory Notices and Analyses A. Regulatory Evaluation

Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995).

In conducting these analyses, FAA has determined that this proposed rule: (1) Has regulatory cost savings, (2) is not an economically “significant regulatory action” as defined in section 3(f) of Executive Order 12866, (3) is not “significant” as defined in DOT's Regulatory Policies and Procedures; (4) would not have a significant economic impact on a substantial number of small entities; (5) would not create unnecessary obstacles to the foreign commerce of the United States; and (6) would not impose an unfunded mandate on state, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below.

This portion of the preamble summarizes the FAA's analysis of the economic impacts of this rule.

The FAA determined that this action will likely result in regulatory cost savings. The current regulations require night flight testing to demonstrate compliance for night operations. This rule provides a less costly ground test as an alternative to a night flight test for certain interior lighting modifications. Currently, the FAA estimates the total cost for a night flight test to be $37,280. These costs include company costs associated with a ground evaluation ($3,600); company flight test, including flight preparation ($16,240); company preparation of the test report ($800); and FAA flight test, including flight preparation ($16,640). Under this final rule, companies can demonstrate compliance on the ground, thereby avoiding the company and FAA flight test costs and saving an estimated $32,880 per demonstration. Under this rule, the total cost for a ground test is about $4,400, which is substantially less costly than a night flight test of $37,280.

The FAA estimates that 10,506 helicopters in the current fleet will be affected by the final rule. In addition, the FAA receives approximately 120 certification project tests annually. Note that after certification, new helicopters may not need to be upgraded in the next 10 years.3 However, the other helicopters will need at least 1 cockpit illumination upgrade within the next 10 years based on FAA data. In particular, approximately 4,000 rotorcraft will have to upgrade their automatic dependent surveillance-broadcast (ADS-B) in the first 3 years after the rule goes into effect.4 All of the remaining 6,506 are expected to have cockpit lighting night testing due to upgrading communication, surveillance systems, or navigation/electronic indicators in the remaining 7 years.5

3 As a result, we do not include new helicopters in this analysis.

4 This is due to the requirements in 14 CFR 91.225, which requires equipage by January 1, 2020. At the time of this analysis, this equates to about 1,333 per year in the first three years. The actual number of ADS-B related upgrades available for cost savings may vary from this analysis depending on the publication and implementation of this rule and the ability of all operators to equip ADS-B by January 1, 2020.

5 This equates to about 929 per year in the remaining seven years of the period of analysis.

As a result, this rule will relieve industry from performing higher cost night flight tests with lower cost ground tests resulting in cost savings. The FAA estimates industry will gain about $384.9 million in total undiscounted cost savings over a 10-year period of analysis [$32,880 × (10,506 tests + 1,200 certification projects)]. The FAA estimates industry's present value cost savings to be about $277.2 million and annualized costs savings to be about $39.5 million using a 7 percent discount rate. The following table provides cost savings to industry over a 10-year period of analysis.

Industry Cost Savings of Forgone Night Flight Tests Year Number of tests Certification
  • tests
  • Rotorcraft tests Total Cost savings
  • ($) *
  • Undiscounted Present
  • value at 7%
  • Present
  • value at 3%
  • 1 120 1,333 1,453 47,785,600 44,659,439 46,393,786 2 120 1,333 1,453 47,785,600 41,737,794 45,042,511 3 120 1,333 1,453 47,785,600 39,007,284 43,730,593 4 120 929 1,049 34,505,211 26,323,861 30,657,433 5 120 929 1,049 34,505,211 24,601,739 29,764,498 6 120 929 1,049 34,505,211 22,992,279 28,897,571 7 120 929 1,049 34,505,211 21,488,112 28,055,895 8 120 929 1,049 34,505,211 20,082,347 27,238,733 9 120 929 1,049 34,505,211 18,768,549 26,445,371 10 120 929 1,049 34,505,211 17,540,700 25,675,118 Total 1,200 10,500 11,700 384,893,280 277,202,103 331,901,510 Annualized 39,467,343 38,908,982 * The cost savings estimates in this table use $32,880 per forgone rotorcraft night flight test (e.g., in the first year, the undiscounted cost savings = $32,880 × 1,453 rotorcraft = $47.8 million).

    This rule will also save the FAA about $1,200 per forgone night flight test from the associated preparation and reviewing of test flight plans, reports, and testing time. The FAA will save about $14 million (undiscounted) over a 10-year period of analysis [$1,200 × (10,506 tests + 1,200 certification projects)]. The FAA estimates its 10-year present value cost savings to be about $10 million and the annualized cost savings to be about $1.4 million at a 7 percent discount rate.

    B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.” To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration. The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions.

    Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear.

    This rule provides a ground test as an alternative to a night flight test in certain cases, such as internal lighting modifications. The requirements for a ground test are less costly and stringent than a night flight test. Thus, this rule will relieve the industry from the costly burden of performing night flight tests under certain conditions. The rule will result in cost savings for small entities affected by this rulemaking action.

    If an agency determines that a rulemaking will not result in a significant economic impact on a substantial number of small entities, the head of the agency may so certify under section 605(b) of the RFA. Therefore, as provided in section 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities.

    C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this rule and determined that it will only have a domestic impact and, therefore, no effect on international trade.

    D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $155 million in lieu of $100 million. This rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply.

    E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this final rule.

    F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations.

    G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5-6.6 and involves no extraordinary circumstances.

    V. Executive Order Determinations A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of Executive Order 13132, Federalism. The agency has determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, will not have Federalism implications.

    B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use

    The FAA analyzed this rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The FAA has determined that this action will not be a “significant energy action” under the executive order and will not likely to have a significant adverse effect on the supply, distribution, or use of energy.

    C. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action will have no effect on international regulatory cooperation.

    D. Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs

    This final rule is considered an E.O. 13771 deregulatory action. Details on the estimated cost savings of this final rule can be found in the rule's economic analysis, above.

    VI. How To Obtain Additional Information A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by using the internet.

    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);

    2. Visit the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/ or

    3. Access the Government Publishing Office's web page at http://www.thefederalregister.org/fdsys/.

    Copies may also be obtained by sending a request (identified by notice, amendment, or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267-9680.

    B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the docket number for this action. Anyone is able to search the electronic form of all comments received into any of the FAA's 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.).

    C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

    List of Subjects 14 CFR Part 27

    Aircraft, Aviation safety.

    14 CFR Part 29

    Aircraft, Aviation safety.

    The Amendment

    In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows:

    PART 27—AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT 1. The authority citation for part 27 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701-44702, 44704.

    2. Amend § 27.773 by revising paragraph (b) to read as follows:
    § 27.773 Pilot compartment view.

    (b) If certification for night operation is requested, compliance with paragraph (a) of this section must be shown by ground or night flight tests.

    PART 29—AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT 3. The authority citation for part 29 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701-44702, 44704.

    4. Amend § 29.773 by revising paragraph (a)(2) to read as follows:
    § 29.773 Pilot compartment view.

    (a) * * *

    (2) Each pilot compartment must be free of glare and reflection that could interfere with the pilot's view. If certification for night operation is requested, this must be shown by ground or night flight tests.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC.

    Daniel K. Elwell, Acting Administrator.
    [FR Doc. 2018-04547 Filed 3-5-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0084; Product Identifier 2018-NE-02-AD; Amendment 39-19212; AD 2018-05-03] RIN 2120-AA64 Airworthiness Directives; Safran Helicopter Engines, S.A., Turboshaft Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Safran Helicopter Engines, S.A., Arrius 2F turboshaft engines. This AD requires inspection and replacement of the magnetic heads installed on oil system electrical magnetic plugs. This AD was prompted by reports from the manufacturer of a batch of non-conforming magnetic heads installed on electrical magnetic plugs. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD becomes effective March 21, 2018.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 21, 2018.

    We must receive comments on this AD by April 20, 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 Safran Helicopter Engines, S.A., 40220 Tarnos, France; phone: (33) 05 59 74 40 00; fax: (33) 05 59 74 45 15. You may view this service information at the FAA, Engine & Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0084.

    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-2018-0084; 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 the Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Robert Green, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2018-0012-E, dated January 16, 2018 (referred to hereinafter as “the MCAI”), to address an unsafe condition for the specified products. The MCAI states:

    Flaking of the cadmium coating of electrical magnetic plugs head Part Number (P/N) 9 520 01 154 5 was detected. Investigation results indicate that this was the result of manufacturing deficiency. This part is installed on electrical magnetic plugs (front and rear position) of the engine, providing warning signals for early detection of internal part(s) structural degradation, propagating in form of presence of metal particles in the lubrication system. The subsequent investigation identified the batch of affected magnetic plugs heads by serial number (s/n).

    This condition, if not detected and corrected, could lead to reduced capability of the particle detection system to identify internal structural failures and consequent in-flight shut-down, resulting in forced landing with possible damage to the helicopter and injury to occupants.

    To address this potential unsafe condition, Safran Helicopter Engines issued Alert Mandatory Service Bulletin (MSB) A319 79 4840 and Alert MSB A319 79 4841 to provide inspection and replacement instructions.

    You may obtain further information by examining the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0084.

    Related Service Information Under 1 CFR Part 51

    We reviewed Safran Helicopter Engines Alert Mandatory Service Bulletin (MSB) No. A319 79 4840, Version A, dated November 27, 2017, and Safran Helicopter Engines Alert MSB No. A319 79 4841, Version A, dated November 20, 2017. The MSBs describe procedures, respectively, for inspecting and replacing the magnetic heads installed on the electrical magnetic plugs. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    AD Requirements

    This final rule requires inspection and replacement of the magnetic heads installed on oil system electrical magnetic plugs.

    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 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-2018-0084 and Product Identifier 2018-NE-02-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 105 engines installed on helicopters 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
    ARRIUS 2F Rear Electrical Mag Plug Inspection 2 work-hours × $85 per hour = $170 $0 $170 $17,850 ARRIUS 2F Front and Rear Electrical Mag Plug Mag Head Replacement 4 work-hours × $85 per hour = $340 3,061 3,401 357,105
    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 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): 2018-05-03 Safran Helicopter Engines (Type Certificate previously held by Turbomeca, S.A.): Amendment 39-19212; Docket No. FAA-2018-0084; Product Identifier 2018-NE-02-AD. (a) Effective Date

    This AD is effective March 21, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Safran Helicopter Engines, S.A., Arrius 2F turboshaft engines, with an oil system electrical magnetic plug magnetic head, part number (P/N) 9520011545, with serial numbers (S/Ns) DU4621 through DU5053 inclusive, installed.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7900, Engine Oil System (Airframe Furnished).

    (e) Unsafe Condition

    This AD was prompted by reports from the manufacturer of a batch of non-conforming magnetic heads installed on electrical oil debris magnetic plugs. We are issuing this AD to prevent failure of the engine oil debris detection system. This unsafe condition, if not addressed, could result in the inability to detect engine bearing failures, failure of the engine, in-flight shutdown, and loss of the helicopter.

    (f) Compliance

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

    (g) Required Actions

    (1) Within 15 flight hours or 30 days, whichever occurs first after the effective date of this AD, and then after each flight, inspect the magnetic head installed on the rear electrical magnetic plug in accordance with the Accomplishment Instructions, paragraph 2.4.5, of Safran Helicopter Engines Alert Mandatory Service Bulletin (MSB) A319 79 4840, Version A, dated November 27, 2017.

    (2) Within 60 days after the effective date of this AD, replace each affected magnetic head, installed on the front or the rear electrical magnetic plug, with a part eligible for installation in accordance with the Accomplishment Instructions, paragraph 2.4.2, of Safran Helicopter Engines Alert MSB A319 79 4841, Version A, dated November 20, 2017.

    (3) After replacement of the magnetic head installed on the rear electrical magnetic plug, as required by paragraph (g)(2) of this AD, the repetitive inspections required by paragraph (g)(1) of this AD are no longer required.

    (h) Installation Prohibition

    After the effective date of this AD, except as part of the inspection required by paragraph (g)(1) of this AD, do not install a magnetic head, P/N 9520011545, with an S/N DU4621 up to and including DU5053 on any engine.

    (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)(1) of this AD. You may email your request to: [email protected]

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

    (j) Related Information

    (1) For more information about this AD, contact Robert Green, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: [email protected]

    (2) Refer to MCAI European Aviation Safety Agency AD 2018-0012-E, dated January 16, 2018, for more information. You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2018-0084.

    (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) Safran Helicopter Engines Alert Mandatory Service Bulletin (MSB) A319 79 4840, Version A, dated November 27, 2017.

    (ii) Safran Helicopter Engines Alert MSB A319 79 4841, Version A, dated November 20, 2017.

    (3) For Safran Helicopter Engines service information identified in this AD, contact Safran Helicopter Engines, S.A., 40220 Tarnos, France; phone: (33) 05 59 74 40 00; fax: (33) 05 59 74 45 15.

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

    (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 23, 2018. Karen M. Grant, Acting Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-04439 Filed 3-5-18; 8:45 am] BILLING CODE 4910-13-P
    COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 143 RIN 3038-AE58 Annual Adjustment of Civil Monetary Penalties to Reflect Inflation—2018 AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Final rule.

    SUMMARY:

    The Commodity Futures Trading Commission (Commission) is amending Rule 143.8, its rule that governs the maximum amount of civil monetary penalties, to adjust for inflation. This rule sets forth the maximum, inflation-adjusted dollar amount for civil monetary penalties (CMPs) assessable for violations of the Commodity Exchange Act (CEA) and Commission rules, regulations and orders thereunder. The rule, as amended, implements the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended.

    DATES:

    This rule is effective on March 6, 2018 and is applicable to penalties assessed after March 6, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Edward J. Riccobene, Associate Chief Counsel, Division of Enforcement, at (202) 418-5327 or [email protected], Commodity Futures Trading Commission, 1155 21st Street NW, Washington, DC 20581.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA) 1 requires the head of each Federal agency to periodically adjust for inflation the minimum and maximum amount of CMPs provided by law within the jurisdiction of that agency.2 A 2015 amendment to the FCPIAA 3 required agencies to make an initial “catch-up” adjustment to its civil monetary penalties effective no later than August 1, 2016.4 For every year thereafter effective not later than January 15, the FCPIAA, as amended, requires agencies to make annual adjustments for inflation, with guidance from the Director of the Office of Management and Budget.5

    1 The FCPIAA, Public Law 101-410 (1990), as amended, is codified at 28 U.S.C. 2461 note. The FCPIAA states that the purpose of the FCPIAA is to establish a mechanism that (1) allows for regular adjustment for inflation of civil monetary penalties; (2) maintains the deterrent effect of civil monetary penalties and promote compliance with the law; and (3) improves the collection by the Federal Government of civil monetary penalties.

    2 For the relevant CMPs within the Commission's jurisdiction, the Act provides only for maximum amounts that can be assessed for each violation of the Act or the rules, regulations and orders promulgated thereunder; the Act does not set forth any minimum penalties. Therefore, the remainder of this release will refer only to CMP maximums.

    3 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, 129 Stat. 584 (2015) (2015 Act), title VII, Section 701.

    4 FCPIAA Sections 4 and 5. See also, Adjustment of Civil Monetary Penalties for Inflation, 81 FR 41435 (June 27, 2016).

    5 FCPIAA Sections 4 and 5. See also, Executive Office of the President, Office of Management and Budget Memorandum, M-18-03, Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2017) (2017 OMB Guidance) (https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf).

    II. Commodity Exchange Act Civil Monetary Penalties

    The following sections of the CEA provide for CMPs that meet the FCPIAA definition 6 and these CMPs are, therefore, subject to the inflation adjustment: Sections 6(c), 6b, and 6c of the CEA.7

    6 FCPIAA Section 3(2).

    7 7 U.S.C. 9, 13a-1, 13b. Criminal authorities may also seek fines for criminal violations of the CEA (see 7 U.S.C. 13, 13(c), 13(d), 13(e), and 13b). The FCPIAA does not affect the amounts of these criminal penalties.

    III. Annual Inflation Adjustment for Commodity Exchange Act Civil Monetary Penalties A. Methodology

    The FCPIAA annual inflation adjustment, in the context of the CFTC's CMPs, is determined by increasing the maximum penalty by a “cost-of-living adjustment”, rounded to the nearest multiple of one dollar.8 Annual inflation adjustments are based on the percent change between the October Consumer Price Index for all Urban Consumers (CPI-U) preceding the date of the adjustment, and the prior year's October CPI-U.9 In this case, October 2017 CPI-U (246.663)/October 2015 CPI-U (241.729) = 1.02041.10 In order to complete the 2018 annual adjustment, the CFTC must multiply each of its most recent CMP amounts by the multiplier, 1.02041, and round to the nearest dollar.11

    8 FCPIAA Sections 4 and 5.

    9 FCPIAA Section 5(b)(1).

    10 The CPI-U is published by the Department of Labor. Interested parties may find the relevant Consumer Price Index on the internet. To access this information, go to the Consumer Price Index Home Page at: http://www.bls.gov/cpi/. Click the “CPI Data/Databases” heading, and select “All Urban Consumers (Current Series)”, “Top Picks.” Then check the box for “U.S. All items, 1982-84=100—CUUR0000SA0”, and click the “Retrieve data” button.

    11 2017 OMB Guidance at 3.

    B. Civil Monetary Penalty Adjustments

    Applying the FCPIAA annual inflation adjustment methodology results in the following amended CMPs:

    U.S. Code citation Civil monetary penalty description Violations occurring on or after 11/02/2015 Penalty
  • amount in
  • January 2017
  • Final Rule 12
  • CPI-U
  • multiplier
  • New
  • adjusted
  • penalty
  • amount
  • Civil Monetary Penalty Imposed by the Commission in an Administrative Action 7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act) For any person other than a registered entity * Non-Manipulation or Attempted Manipulation $157,892 1.02041 $161,115 For any person other than a registered entity * Manipulation or Attempted Manipulation 1,138,937 1.02041 1,162,183 7 U.S.C. 13a (Section 6b of the Commodity Exchange Act) For a registered entity * or any of its directors, officers or employees Non-Manipulation or Attempted Manipulation 869,757 1.02041 887,509 For a registered entity * or any of its directors, officers or employees Manipulation or Attempted Manipulation 1,138,937 1.02041 1,162,183 Civil Monetary Penalty Imposed by a Federal District Court in a Civil Injunctive Action 7 U.S.C. 13a-1 (Section 6c of the Commodity Exchange Act) Any Person Non-Manipulation or Attempted Manipulation 173,951 1.02041 177,501 Any Person Manipulation or Attempted Manipulation 1,138,937 1.02041 1,162,183 * The term “registered entity” is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act).

    The FCPIAA provides that any increase under the FCPIAA in a civil monetary penalty shall apply only to civil monetary penalties, including those whose associated violation predated such increase, which are assessed after the date the increase takes effect.13 Thus, the new CMP amounts established by this rulemaking shall apply to penalties assessed after March 6, 2018, for violations that occurred on or after November 2, 2015, the effective date of the FCPIAA amendment requiring annual adjustments, the 2015 Act.14

    12 82 FR 7643.

    13 FCPIAA Section 6.

    14 Prior Commission rulemakings to affect the required inflation adjustments referenced the date the enforcement action was filed without regard to the date of the corresponding violation. This rulemaking specifically references the date of the violation, thereby the Commission clarifies its determination that these adjusted penalties apply only with respect to violations occurring on or after November 2, 2015, the effective date of the 2015 Act.

    IV. Administrative Compliance A. Notice Requirement

    The FCPIAA specifically exempted from the Administrative Procedure Act (APA) the rulemakings required to implement annual inflation adjustments.15 “This means that the public procedure the APA generally requires—notice, an opportunity for comment, and a delay in effective date—is not required for agencies to issue regulations implementing the annual adjustment.” 16 The Commission further notes that the notice and comment procedures of the APA do not apply to this rulemaking because the Commission is acting herein pursuant to statutory language that mandates that the Commission act in a nondiscretionary matter.17

    15 FCPIAA Section 4(b)(2).

    16 2017 OMB Guidance at 4.

    17Lake Carriers' Ass'n v. EPA, 652 F.3d 1, 10 (DC Cir. 2011).

    B. Regulatory Flexibility Act

    The Regulatory Flexibility Act 18 requires agencies with rulemaking authority to consider the impact of certain of their rules on small businesses. A regulatory flexibility analysis is only required for rules for which the agency publishes a general notice of proposed rulemaking pursuant to section 553(b) or any other law.19 Because, as discussed above, the Commission is not obligated by section 553(b) or any other law to publish a general notice of proposed rulemaking with respect to the revisions being made to regulation 143.8, the Commission additionally is not obligated to conduct a regulatory flexibility analysis.

    18 5 U.S.C. 601-612.

    19 5 U.S.C. 603(a).

    C. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (PRA),20 which imposes certain requirements on Federal agencies, including the Commission, in connection with their conducting or sponsoring any collection of information as defined by the PRA, does not apply to this rule. This rule amendment does not contain information collection requirements that require the approval of the Office of Management and Budget.

    20 44 U.S.C. 3507(d).

    D. Consideration of Costs and Benefits

    Section 15(a) of the CEA 21 requires the Commission to consider the costs and benefits of its action before issuing a new regulation. Section 15(a) further specifies that costs and benefits shall be evaluated in light of five broad areas of market and public concern: (1) Protection of market participants and the public; (2) efficiency, competitiveness, and financial integrity of futures markets; (3) price discovery; (4) sound risk management practices; and (5) other public interest considerations.

    21 7 U.S.C. 19(a).

    The Commission believes that benefits of this rulemaking greatly outweigh the costs, if any. As the Commission understands, the statutory provisions by which it is making cost-of-living adjustments to the CMPs in regulation 143.8 were enacted to ensure that CMPs do not lose their deterrence value because of inflation. An analysis of the costs and benefits of these adjustments were made before enactment of the statutory provisions under which the Commission is operating, and limit the discretion of the Commission to the extent that there are no regulatory choices the Commission could make that would supersede the pre-enactment analysis with respect to the five factors enumerated in section 15(a), or any other factors.

    List of Subjects in 17 CFR Part 143

    Civil monetary penalties, Claims.

    For the reasons set forth in the preamble, the Commodity Futures Trading Commission amends part 143 of title 17 of the Code of Federal Regulations as follows:

    PART 143—COLLECTION OF CLAIMS OWED THE UNITED STATES ARISING FROM ACTIVITIES UNDER THE COMMISSION'S JURISDICTION 1. The authority citation for part 143 continues to read as follows: Authority:

    7 U.S.C. 9, 15, 9a, 12a(5), 13a, 13a-1(d), 13(a), 13b; 31 U.S.C. 3701-3720E; 28 U.S.C. 2461 note.

    2. Revise § 143.8 to read as follows:
    § 143.8 Inflation-adjusted civil monetary penalties.

    (a) Statutory inflation adjustment of civil monetary penalties. The Inflation Adjustment Act of 1990, as amended, requires annual inflation adjustments to the civil monetary penalties imposed under the Commodity Exchange Act for violations that occurred on or after November 2, 2015. The Commission will publish notice of these adjusted penalty amounts in the Federal Register. The inflation adjustment is calculated by multiplying the maximum dollar amount of the civil monetary penalty for the previous calendar year by the cost-of-living inflation adjustment multiplier provided by the Office Management and Budget, which is based on the change in the Consumer Price Index, and rounding the total to the nearest dollar. Set forth in the charts in paragraph (b) of this section are the inflation adjusted penalty amounts for violations occurring on or after November 2, 2015 and the penalty amounts for violations that occurred prior to November 2, 2015. These penalty charts are also available on the Commission's website at: http://www.cftc.gov/LawRegulation/Enforcement/InflationAdjustedCivilMonetaryPenalties/index.htm.

    (b) 2018 inflation adjustment. The maximum amount of each civil monetary penalty in the following charts applies to penalties assessed after March 6, 2018:

    (1) For Non-Manipulation or Attempted Manipulation Violations:

    Table 1 to Paragraph (b)(1) U.S. Code citation Civil monetary penalty description Date of violation and corresponding penalty 10/23/2004
  • through
  • 10/22/2008
  • 10/23/2008
  • through
  • 10/22/2012
  • 10/23/2012
  • through
  • 11/01/2015
  • 11/02/2015
  • to present
  • Civil Monetary Penalty Imposed by the Commission in an Administrative Action 7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act) For any person other than a registered entity 1 $130,000 $130,000 $140,000 $161,115 7 U.S.C. 13a (Section 6b of the Commodity Exchange Act) For a registered entity 1 or any of its directors, officers or employees 625,000 675,000 700,000 887,509 Civil Monetary Penalty Imposed by a Federal District Court in a Civil Injunctive Action 7 U.S.C. 13a-1 (Section 6c of the Commodity Exchange Act) Any Person 130,000 140,000 140,000 177,501 1 The term “registered entity” is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act).

    (2) For Manipulation or Attempted Manipulation Violations:

    Table 1 to Paragraph (b)(2) U.S. Code citation Civil monetary penalty description Date of violation and corresponding penalty 10/23/2004
  • through
  • 05/21/2008
  • 05/22/2008
  • through
  • 08/14/2011
  • 08/15/2011
  • through
  • 11/01/2015
  • 11/02/2015
  • to present
  • Civil Monetary Penalty Imposed by the Commission in an Administrative Action 7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act) For any person other than a registered entity 1 $130,000 $1,000,000 $1,025,000 $1,162,183 7 U.S.C. 13a (Section 6b of the Commodity Exchange Act) For a registered entity 1 or any of its directors, officers or employees 625,000 1,000,000 1,025,000 1,162,183 Civil Monetary Penalty Imposed by a Federal District Court In a Civil Injunctive Action 7 U.S.C. 13a-1 (Section 6c of the Commodity Exchange Act) Any Person 130,000 1,000,000 1,025,000 1,162,183 1 The term “registered entity” is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act).
    Issued in Washington, DC, on February 28, 2018, by the Commission. Robert N. Sidman, Deputy Secretary of the Commission. Note:

    The following appendix will not appear in the Code of Federal Regulations.

    Appendix to Adjustment of Civil Monetary Penalties for Inflation—2018—Commission Voting Summary

    On this matter, Chairman Giancarlo and Commissioners Quintenz and Behnam voted in the affirmative. No Commissioner voted in the negative.

    [FR Doc. 2018-04480 Filed 3-5-18; 8:45 am] BILLING CODE 6351-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0126] Drawbridge Operation Regulation; Columbia River, Vancouver, WA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulations.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railway Bridge across the Columbia River, mile 105.6, at Vancouver, WA. The deviation is necessary to accommodate maintenance and replacement of various bridge components. This deviation allows the bridge to remain in the closed-to-navigation position during maintenance activities.

    DATES:

    This deviation is effective from 8 a.m. on March 5, 2018 to 4 p.m. on March 14, 2018.

    ADDRESSES:

    The docket for this deviation, USCG-2018-0126 is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]

    SUPPLEMENTARY INFORMATION:

    BNSF, bridge owner, requested that the BNSF Swing Bridge across the Columbia River, mile 105.6, remain in the closed-to-navigation position to marine vessel traffic for maintenance and component replacement activities. The BNSF Swing Bridge provides 39 feet of vertical clearance above Columbia River Datum 0.0 while in the closed-to-navigation position. This deviation allows the BNSF Swing Bridge to remain in the closed-to-navigation position, and need not open for maritime traffic as listed in the table below:

    Time/date start Time/date end Action 8 a.m. Mar 5, 2018 4 p.m. Mar 5, 2018 span in the closed-to-navigation position. 8 a.m. Mar 6, 2018 4 p.m. Mar 6, 2018 span in the closed-to-navigation position. 8 a.m. Mar 7, 2018 4 p.m. Mar 7, 2018 span in the closed-to-navigation position. 8 a.m. Mar 8, 2018 4 p.m. Mar 8, 2018 span in the closed-to-navigation position. 8 a.m. Mar 9, 2018 4 p.m. Mar 9, 2018 span in the closed-to-navigation position. 8 a.m. Mar 12, 2018 4 p.m. Mar 12, 2018 span in the closed-to-navigation position. 8 a.m. Mar 13, 2018 4 p.m. Mar 13, 2018 span in the closed-to-navigation position. 8 a.m. Mar 14, 2018 4 p.m. Mar 14, 2018 span in the closed-to-navigation position.

    The subject bridge operates in accordance with 33 CFR 117.5. The bridge shall operate in accordance to 33 CFR 117.5 at all other times.

    Waterway usage on this part of the Columbia River includes vessels ranging from large ships to commercial tug and tow vessels to recreational pleasure craft including cabin cruisers and sailing vessels. Vessels able to pass through the bridge in the closed-to-navigation position may do so at any time. The bridge will be able to open for emergencies during this closure period if a one hour notice is given except on March 6, 2018 and March 8, 2018, and there is no immediate alternate route for vessels to pass. We contacted known river users, and requested objections to reschedule BNSF's maintenance period. We have not received any objections to this deviation. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: February 8, 2018. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2018-04434 Filed 3-5-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0131] Drawbridge Operation Regulation; Youngs Bay and Lewis and Clark River, Astoria, OR AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of temporary deviation from regulations; request for comments.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs three bridges at Astoria, OR, including the US101 (Youngs Bay) highway bridge, across Youngs Bay, the Oregon State (Old Youngs Bay) highway bridge, across Youngs Bay foot of Fifth Street, and the Oregon State (Lewis and Clark River) highway bridge, across Lewis and Clark River. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is appropriate. This deviation will allow the bridge to open during weekends and nighttime hours after receiving a 2 hour advance notice.

    DATES:

    This deviation is effective from 5 p.m. on March 16, 2018 to 7 a.m. on August 10, 2018.

    Comments and related material must reach the Coast Guard on or before August 23, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2018-0131 using Federal eRulemaking Portal at http://www.regulations.gov.

    See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Chief Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background, Purpose and Legal Basis

    Due to infrequent drawbridge opening requests between Friday evenings through Monday early mornings, Oregon Department of Transportation (ODOT) (bridge owner), has requested to open the three highway bridges within Youngs Bay and Lewis and Clark River with 2 hours advance notice. The Youngs Bay highway bridge, Old Youngs Bay highway bridge and the Lewis and Clark River highway bridge are within one mile of each other, and currently open on signal for the passage of vessels with one half-hour notice by marine radio, telephone, or other suitable means. These three bridges are operated by the Lewis and Clark River highway bridge operator. The subject bridges operate per 33 CFR 117.899.

    Vessels operating on Youngs Bay and the Lewis and Clark River range from small recreational vessels, sailboats, tribal fishing boats and small commercial fishing vessels. No navigational impacts are expected due to few vessels operating on these waterways at the stated hours. Also during roadway maintenance in 2016 and 2017, we approved deviations for the three subject bridges allowing these bridges to open on a three hour notice. No complaints or opening issues were identified at all hours of the day. Vessels able to pass through the subject bridges with the draw in the closed-to-navigation position may do so at any time.

    This deviation authorizes ODOT to open the Youngs Bay highway bridge, the Old Youngs Bay highway bridge and the Lewis and Clark River highway bridge, with a two hour advance notice on weekends from 5 p.m. on Friday to 7 a.m. on Monday, including all Federal holidays but Columbus Day, starting 5 p.m. on March 16, 2018 through 7 a.m. on August 10, 2018. The Youngs Bay highway bridge provides a vertical clearance approximately 37 feet above mean high water when in the closed-to-navigation position. The Old Youngs Bay highway bridge provides a vertical clearance approximately 19 feet above mean high water when in the closed-to-navigation position. The Lewis and Clark River highway bridge provides a vertical clearance of 17 feet above mean high water when in the closed-to-navigation position.

    The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the subject bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary test deviation. Youngs Bay and the Lewis and Clark River do not have an immediate alternate route for vessels to pass through the subject bridges. The subject bridges will be not be able to open for emergencies.

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

    II. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacynotice.

    Documents mentioned in this notice as being available in the docket and all public comments, will be in our online docket at http://www.regulations.gov, and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    Dated: February 27, 2018. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2018-04436 Filed 3-5-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0273] Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, West Palm Beach, FL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of temporary deviation from regulations; request for comments, extension.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Flagler Memorial (SR A1A) Bridge, mile 1021.8, the Royal Park (SR 704) Bridge, mile 1022.6, and the Southern Boulevard (SR 700/80) Bridge, mile 1024.7, across the Atlantic Intracoastal Waterway, at West Palm Beach, Florida. This deviation will extend the test to change the drawbridge operation schedules to determine whether permanent changes to the schedules are needed. This deviation allows the Flagler Memorial, Royal Park and Southern Boulevard Bridges to operate on alternative schedules when the President of the United States, members of the First Family, or other persons under the protection of the Secret Service visit Mar-a-Lago. This deviation is necessary to accommodate the increase in vehicular traffic when the presidential motorcade is in transit.

    DATES:

    This deviation is effective without actual notice from March 6, 2018 to 11:59 p.m. on May 31, 2018. For purposes of enforcement, this deviation is effective from 8 a.m. on February 27, 2018 to March 6, 2018.

    Comments and related material must reach the Coast Guard on or before May 7, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2017-0273 using Federal eRulemaking Portal at http://www.regulations.gov.

    See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this test deviation, call or email LT Ruth Sadowitz, Coast Guard Sector Miami, FL, Waterways Management Division, telephone 305-535-4307, email [email protected]

    SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis

    On August 17, 2017, the Coast Guard published a notice of deviation from drawbridge regulation with request for comments in the Federal Register (82 FR 39019) to test proposed changes. Three comments were received, which were in favor of the regulation changes. Due to unanticipated delays in processing this proposed regulatory change, the Coast Guard finds it necessary to extend the test deviation to allow additional time for public comment. The changes to the operating schedules proposed in this deviation will coincide with the establishment of the proposed Presidential Security Zone (see 82 FR 28036).

    When the President of the United States, members of the First Family, or other persons under the protection of the Secret Service visit Mar-a-Lago, drawbridge openings have caused traffic backups in the West Palm Beach area. The increase in traffic congestion occurs when the presidential motorcade is in transit, which closes the Southern Boulevard Bridge to vehicle and vessel traffic. This action requires through traffic to use the Flagler Memorial and Royal Park Bridges. The Mayor of Palm Beach has asked the Coast Guard and the bridge owner, Florida Department of Transportation, to test a change to the operating regulations of those bridges.

    During this temporary deviation, the Flagler Memorial Bridge is allowed to remain closed to navigation from 2:15 p.m. to 5:30 p.m. with the exception of a once an hour opening at 2:15 p.m., 3:15 p.m., 4:15 p.m. and 5:15 p.m., weekdays only, if vessels are requesting an opening. The Royal Park Bridge is allowed to remain closed to navigation from 2:15 p.m. to 5:30 p.m. with the exception of a once an hour opening at 2:30 p.m., 3:30 p.m., 4:30 p.m. and 5:30 p.m., weekdays only, if vessels are requesting an opening. At all other times the bridges will operate per their normal schedules, published in 33 CFR 117.261(u) and (v), respectively.

    The operating schedule of the Southern Boulevard Bridge, which is closest to Mar-a-Lago, will be allowed to remain closed to navigation whenever the presidential motorcade is in transit. At all other times the bridge shall operate under the normal operating schedule, published in 33 CFR 117.261(w).

    This test deviation will have an impact on marine traffic while alleviating some vehicle traffic backups. Tugs with tows are not exempt from this regulation. Vessels able to pass through the Flagler Memorial and Royal Park Bridges in the closed position may do so at any time. The bridges will be able to open for emergencies. The Southern Boulevard Bridge will be under the control of the on-scene designated representative.

    The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation.

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

    II. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacynotice.

    Documents mentioned in this notice as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    Dated: March 1, 2018. Barry L. Dragon, Director, Bridge Branch, Seventh Coast Guard District.
    [FR Doc. 2018-04497 Filed 3-5-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0129] Drawbridge Operation Regulation; Snohomish River and Steamboat Slough, Everett and Marysville, WA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the SR 529 highway bridges, north and south bound, across the Snohomish River, mile 3.6 near Everett, WA, and the SR 529 highway bridges, north and south bound, across Steamboat Slough, mile 1.1 and 1.2, near Marysville, WA. The deviation is necessary to accommodate the Everett Half Marathon run event. This deviation allows the bridges to remain in the closed-to-navigation position during the marathon to allow safe movement of event participants.

    DATES:

    This deviation is effective from 7:30 a.m. to 11 a.m. on April 8, 2018.

    ADDRESSES:

    The docket for this deviation, USCG-2018-0129 is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Washington State Department of Transportation, the bridge owner, has requested that the SR 529 highway bridges, north bound and south bound, across the Snohomish River and Steamboat Slough remain in the closed-to-navigation position. This request is to facilitate safe, uninterrupted roadway passage of participants of the Everett Half Marathon. The SR 529 highway bridges across the Snohomish River, at mile 3.6, provide 37 feet of vertical clearance above mean high water elevation while in the closed-to-navigation position; and these bridges operate in accordance with 33 CFR 117.1059(c). The SR 529 highway bridges across Steamboat Slough, at mile 1.1 and 1.2, provide 10 feet of vertical clearance above mean high water elevation in the closed-to-navigation position; and these bridges operate in accordance with 33 CFR 117.1059(g).

    The SR 529 bridges crossing the Snohomish River and Steamboat Slough are authorized to remain in the closed-to navigation position, and need not open for maritime traffic from 7:30 a.m. to 11 a.m. on April 8, 2018. The bridges shall operate in accordance to 33 CFR 117.1059 at all other times. Vessels able to pass under the subject bridges in the closed-to-navigation position may do so at any time, and these bridges will be required to open, if needed, for vessels engaged in emergency response during the closure period.

    Waterway usage on this part of the Snohomish River and Steamboat Slough includes vessels ranging from commercial tug and barge to small pleasure craft. An alternate route for vessels to pass is available through Ebey Slough and Union Slough near the entrance of Steamboat Slough at high tide. A request for comment with any objections to this deviation was advertised in the Local Notice to Mariners. We did not receive any comments or objections. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridges so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: February 27, 2018. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2018-04435 Filed 3-5-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0127] Drawbridge Operation Regulation; Willamette River, Portland, OR AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the lower deck of the Steel Bridge across the Willamette River, mile 12.1, in Portland, OR. The deviation is necessary to support the Shamrock Stride event. This deviation allows the lower lift span of the bridge to remain in the closed-to-navigation position.

    DATES:

    This deviation is effective from 10:15 a.m. to 11:15 a.m. on March 18, 2018.

    ADDRESSES:

    The docket for this deviation, USCG-2018-0127, is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected].

    SUPPLEMENTARY INFORMATION:

    Union Pacific Railroad Company (UPRR) owns and operates the Steel Bridge across the Willamette River, at mile 12.1, in Portland, OR. UPRR requested a temporary deviation from the operating schedule for the Steel Bridge lower lift span. The deviation is necessary to accommodate the Shamrock Stride run/walk event. The Steel Bridge is a double-deck lift bridge, and the lower lift span operates independent of the upper lift span. To facilitate this temporary deviation request, the lower lift span is authorized to remain in the closed-to-navigation position, and need not open to marine vessels from 10:15 a.m. to 11:15 a.m. on March 18, 2018. When the lower span is in the closed-to-navigation position, the bridge provides 26 feet of vertical clearance above Columbia River Datum 0.0. The lower lift span of the Steel Bridge operates in accordance with 33 CFR 117.5.

    Waterway usage on this part of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft. Vessels able to pass through the subject bridge with the lower deck in the closed-to-navigation position may do so at any time. The lower lift of the Steel Bridge will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard requested objections be submitted to this deviation in the Local Notice to Mariners. We have not received any objections to this temporary deviation from the operating schedule. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the subject bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: February 27, 2018. Steven Michael Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2018-04568 Filed 3-5-18; 8:45 am] BILLING CODE 9110-04-P
    POSTAL SERVICE 39 CFR Part 265 Production or Disclosure of Material or Information; Technical Corrections AGENCY:

    Postal ServiceTM.

    ACTION:

    Final rule.

    SUMMARY:

    The Postal Service is revising a citation and a requirement in the Change of Address Request Format for Process Servers. An incorrect citation is corrected, and the requirement to provide a copy of the statute or regulation that empowers a requester to serve process is revised to be optional rather than mandatory.

    DATES:

    This final rule is effective on March 6, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Natalie A. Bonanno, Chief Counsel, Federal Compliance, [email protected], 202-268-2944.

    SUPPLEMENTARY INFORMATION:

    On November 30, 2016 (81 FR 86270), the Postal Service published its revised Freedom of Information Act (FOIA) regulations to comply with the FOIA Improvement Act of 2016 (FOIAIA), effective December 27, 2016. In response to public comments, the Postal Service published an additional change to these regulations on January 10, 2017 (82 FR 2896). After further review, the Postal Service published miscellaneous technical corrections to its regulations on March 8, 2017 (82 FR 12921). The Postal Service is now making two technical corrections to the Change of Address or Boxholder Request Format for process servers found at 39 CFR 265.14. The first revision makes the requirement to provide a copy of the statute or regulation that empowers a requester to serve process optional rather than mandatory. The second revision changes the incorrect citation 39 CFR 265.14(d)(4)(ii) to 39 CFR 265.14(d).

    List of Subjects in 39 CFR Part 265

    Administrative practice and procedure, Courts, Freedom of information, Government employees.

    For the reasons stated in the preamble, the Postal Service amends 39 CFR part 265 as follows:

    PART 265—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION 1. The authority citation for part 265 continues to read as follows: Authority:

    5 U.S.C. 552; 5 U.S.C. App. 3; 39 U.S.C. 401, 403, 410, 1001, 2601; Pub. L. 114-185.

    2. Section 265.14 is amended by revising the figure titled “Change of Address or Boxholder Request Format—Process Servers” to read as follows:
    § 265.14 Rules concerning specific categories of records.

    (g) * * *

    BILLING CODE 7710-12-P ER06MR18.000
    Tracy A. Quinlan, Attorney, Federal Compliance.
    [FR Doc. 2018-04449 Filed 3-5-18; 8:45 am] BILLING CODE 7710-12-C
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0479; FRL-9975-00—Region 3] Air Quality Plans; Pennsylvania; Lebanon County 2012 Fine Particulate Matter Standard Determination of Attainment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is making a final determination that the Lebanon County, Pennsylvania nonattainment area (the Lebanon County Area) has attained the 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). This determination of attainment, also known as a clean data determination, is based on quality assured and certified ambient air quality data for the 2014-2016 monitoring period. The effect of this determination of attainment suspends certain planning requirements for the area, including the requirement to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures. These requirements would be suspended for as long as the area continues to meet the 2012 annual PM2.5 NAAQS. This action is not a redesignation to attainment for the area. This action is being taken under the Clean Air Act (CAA).

    DATES:

    This final rule is effective on April 5, 2018.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0479. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information.

    FOR FURTHER INFORMATION CONTACT:

    Gavin Huang, (215) 814-2042, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    On November 2, 2017 (82 FR 50851), EPA published a notice of proposed rulemaking (NPR) for the Lebanon County Area. In the NPR, EPA proposed to determine that the Lebanon County Area attained the 2012 annual PM2.5 NAAQS.

    Under EPA's longstanding Clean Data Policy,1 which was codified in EPA's Clean Air Fine Particulate Implementation Rule (72 FR 20586, April 25, 2007), EPA may issue a determination of attainment after notice and comment rulemaking determining that a specific area is attaining the relevant standard. See 40 CFR 51.1004. The effect of a clean data determination is to suspend the requirement for the area to submit an attainment demonstration, RACM, RFP plan, contingency measures, and any other planning State Implementation Plans (SIPs) related to attainment for as long as the area continues to attain the standard. In EPA's Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements final rule (81 FR 58010, August 24, 2016), EPA reaffirmed the Clean Data Policy at 40 CFR 51.1015.

    1 “Clean Data Policy for the Fine Particle National Ambient Air Quality Standards,” Memorandum from Stephen D. Page, December 14, 2004.

    II. EPA's Evaluation

    Under EPA regulations at 40 CFR part 50, section 50.18 and appendix N, the annual primary PM2.5 standard is met when the 3-year average of PM2.5 annual mean mass concentrations for each eligible monitoring site is less than or equal to 12.0 micrograms per cubic meter (μg/m3). Three years of valid annual means are required to produce a valid annual PM2.5 NAAQS design value.

    Consistent with the requirements of 40 CFR part 50, section 50.18 and appendix N, EPA determined the Lebanon County Area has attained the 2012 annual PM2.5 NAAQS. The certified annual design value for 2014-2016 is 11.2 μg/m3, which is below the 2012 annual primary PM2.5 standard of 12.0 μg/m3.

    The specific requirements of this determination of attainment and the rationale for EPA's proposed action, including how the annual design value for 2014-2016 was calculated, are explained in the NPR and will not be restated here. EPA received comments that are addressed in Section III of this rulemaking action.

    III. Public Comments and EPA's Responses

    EPA received adverse comments from one commenter, the Clean Air Council (hereinafter referred to as the “Commenter”). The Commenter expressed concern about EPA's calculations performed for this determination of attainment. The Commenter states, “EPA should perform its calculations again and provide explanations for its conclusions, which were not substantiated by the background documents in the rulemaking docket.” EPA provided its explanations and support for the determination of attainment in the NPR and explained the certified annual design value for 2014-2016 is 11.2 μg/m3, which is below the 2012 annual primary PM2.5 standard of 12.0 μg/m3. The Commenter's specific concerns are summarized and addressed in this section.

    Comment 1: For the 2015 annual mean, the Commenter confirmed the annual mean calculation from EPA but had comments regarding data from the second quarter of 2015. The Commenter noted there was only monitored data for 64 of the 91 days in the quarter which led EPA to conduct a “data completeness test.” The Commenter states that “EPA substituted 30.5 micrograms per cubic meter for each of the 27 days of missing data, based on the premise that this figure was the highest daily average in the second quarters of 2014, 2015, and 2016” and stated that this figure was the daily average for June 11, 2015, during the second quarter of 2015. The Commenter states that EPA does not acknowledge that there was actually a higher daily value of 34 μg/m3 on May 11, 2016, during the second quarter of 2016 based on data Commenter obtained from an EPA website.2 The Commenter states that it is possible that EPA excluded this figure under the rationale that there was an “extraordinary event.” The Commenter also notes there was additional monitored data available related to Parameter Occurrence Code 3 (POC 3) from the EPA website for the second quarter of 2015 which EPA did not consider in supporting the determination of attainment. The Commenter notes the design value would still be lower than the NAAQS but notes EPA should provide a legal and technical explanation and should perform the calculations again based on the correct data.

    2https://www.epa.gov/outdoor-air-quality-data/download-daily-data.

    Response 1: In accordance with 40 CFR part 50, appendix N, section 3.0(d)(1), the Pennsylvania Department of Environmental Protection (PADEP) installed a PM2.5 monitor with federal reference method (FRM) code 145, parameter occurrence code 1 (POC 1) at the Lebanon County site (Site ID 42-075-0100) and designated this monitor as the primary monitor in January 2016.3 PADEP also has a collocated monitor with federal equivalent method (FEM) code 170, parameter occurrence code 3 (POC 3). 40 CFR part 50, appendix N, section 3.0(d)(1), states: “The default dataset for PM2.5 mass concentrations for a site shall consist of the measured concentrations recorded from the designated primary monitor(s). All daily values produced by the primary monitor are considered part of the site record; this includes all creditable samples and all extra samples.” Additionally 40 CFR part 58, appendix A, section 3.2.3 states: “For each pair of collocated monitors, designate one sampler as the primary monitor whose concentrations will be used to report air quality for the site, and designate the other as the quality control monitor. There can be only one primary monitor at a monitoring site for a given time period.” As previously mentioned on January 1, 2016, PADEP designated POC 1 as the primary monitor. Therefore, after January 1, 2016, on days where the primary monitor POC 1 produces a daily value, it is considered part of the site record and not the data from collocated monitor POC 3.

    3See Docket ID EPA-R03-OAR-2017-0479-0016. Page 2 of the “Air Quality System (AQS) Monitor Description Report,” notes POC 1's official start date as January 1, 2016. Therefore, EPA will be referencing the January 1, 2016 date. PADEP's 2016 Annual Ambient Air Monitoring Network Plan notes the start date as January 7, 2016.

    Additionally, 40 CFR part 50, appendix N, section 3.0(d)(2), states that, “Data for the primary monitors shall be augmented as much as possible with data from collocated monitors. If a valid daily value is not produced by the primary monitor for a particular day (scheduled or otherwise), but a value is available from a collocated monitor, then that collocated value shall be considered part of the combined site data record (emphasis added). If more than one collocated daily value is available, the average of those valid collocated values shall be used as the daily value. The data record resulting from this procedure is referred to as the `combined site data record.' ”

    Pursuant to 40 CFR part 50, appendix N, section 3.0(d)(2), the data from collocated monitor POC 3 is only considered as part of the combined site data record (to be used in determining design value for the 2012 annual PM2.5 NAAQS) when there is no valid daily value from the primary monitor POC 1. For the data substitution test 4 performed by EPA in the second quarter of 2015 due to missing data values, EPA used the highest daily site record for the second quarter substitution value. 40 CFR part 50, appendix N, section 1(c) defines the value used for the maximum data substitution test and provides “[t]he maximum quarterly value data substitution test substitutes actual `high' reported daily PM2.5 values from the same site (specifically, the highest reported non-excluded quarterly value(s) (year non-specific) contained in the combined site record for the evaluated 3-year period) for missing daily values.” The daily site record included data from POC 1 and POC 3 depending on which monitor was primary and which monitor had valid data between April 1 and June 30 in 2014, 2015, and 2016, i.e. the second quarters of 2014, 2015, and 2016. EPA determined that the highest daily site record for the second quarter substitution value was 30.5 μg/m3 recorded on June 11, 2015 from POC 1. The higher daily value of 34 μg/m3 was recorded on May 11, 2016 by the collocated monitor, POC 3. However, because POC 1 produced a valid daily value of 29.1 μg/m3 on this same day, May 11, 2016, the data value from POC 3 was not used in the data substitution test as the highest daily site record and therefore the daily value of 30.5 μg/m3 recorded on June 11, 2015 was the highest daily site record for the second quarter between 2014-2016. EPA's use of 30.5 μg/m3 in the data substitution test for 2015 was therefore correct and in accordance with 40 CFR part 50 appendix N, and no calculations need to be redone for the 2015 annual mean. EPA notes that we did not exclude this data (the 34 μg/m3 recorded on May 11, 2016 by the collocated monitor, POC 3) in our data substitution analysis due to any “exceptional event,” as we did not use this data because data from the primary monitor POC 1 was available on that same day. See 40 CFR part 50, appendix N, section 3.0(d)(2).

    4 EPA notes that “data substitution test” is defined in 40 CFR part 50, appendix N as “diagnostic evaluations performed on an annual PM2.5 NAAQS design value (DV) or a 24-hour PM2.5 NAAQS DV to determine if those metrics, which are judged to be based on incomplete data in accordance with 4.1(b) or 4.2(b) of this appendix shall nevertheless be deemed valid for NAAQS comparisons, or alternatively, shall still be considered incomplete and not valid for NAAQS comparisons. There are two data substitution tests, the `minimum quarterly value' test and the `maximum quarterly value' test. Design values (DVs) are the 3-year average NAAQS metrics that are compared to the NAAQS levels to determine when a monitoring site meets or does not meet the NAAQS, calculated as shown in section 4.” In the NPR, EPA discussed its application of the data substitution test using the maximum quarterly value test. Appendix N provides that the “maximum quarterly value data substitution test” substitutes actual “high” reported daily PM2.5 values from the same site (specifically, the highest reported non-excluded quarterly value(s) (year non-specific) contained in the combined site record for the evaluated 3-year period) for missing daily values.

    Comment 2: For the 2016 annual mean, the Commenter states that it is unclear which monitor is intended to be the primary monitor. The Commenter claims that the 2016 annual mean should be 12.22 μg/m3 instead of EPA's calculated mean of 9.72 μg/m3 and states it was unclear how EPA calculated its annual mean for 2016. Therefore, based on the Commenter's calculations, the annual design value for 2014-2016 should be 12.03 μg/m3 using the higher annual mean for 2016 calculated by the Commenter. The Commenter claims the difference is material because the analysis leads to a determination that Lebanon County is still not attaining the standard of 12.0 μg/m3. Additionally, the Commenter requests that if EPA “has relied primarily on data from POC 1, to the exclusion of data from POC 3, it should provide an explanation of the legal and technical authority for doing so.” The Commenter notes data from POC 1 was generally lower than data from POC 3 when both monitors were operating on the same dates.

    Response 2: As discussed in Response 1, POC 1 became the designated primary monitor as of January 2016. See 40 CFR part 50, appendix N, section 3.0(d)(1) and (2) and Docket ID EPA-R03-OAR-2017-0479-0016. When calculating the 2016 annual mean, EPA used the data from primary monitor POC 1 and substituted any missing days from the primary monitor with data from collocated monitor POC 3. Id. This resulted in 2016 quarterly means of 12.18, 8.70, 8.62, 9.37 μg/m3 and an annual mean of 9.72 μg/m3, and not 12.22 μg/m3, which Commenter calculated by inappropriately combining data from POC 1 and POC 3. POC 1 is the primary monitor and thus the primary source of data for determining the mean unless data is missing. Id. Thus, EPA correctly calculated the 2016 annual mean and the 2014-16 design value as explained in the NPR. While EPA disagrees with the Commenter's analysis as stated above, EPA notes that the Commenter's calculated design value of 12.03 μg/m3 (even if correct) would still demonstrate an attaining design value for the 2012 annual PM2.5 NAAQS. 40 CFR part 50, appendix N, section 4.3(a) states, “[a]nnual PM2.5 NAAQS DVs (design values) shall be rounded to the nearest tenth of a µg/m3 (decimals x.x5 and greater are rounded up to the next tenth, and any decimal lower than x.x5 is rounded down to the nearest tenth).” Therefore, based on the rounding conventions established at 40 CFR part 50, appendix N, section 4.3(a), 12.03 μg/m3 would round to 12.0 μg/m3 and still meet the 2012 annual PM2.5 NAAQS.

    Comment 3: The Commenter states that an EPA guidance document contemplates supplementing data from a primary monitor with data from a secondary monitor. See AQS Tech Note POC 6-28-13, Technical Note—Guidance on the Use of Parameter Occurrence Codes (POCs) When Using Multiple Instruments at Monitoring Sites, https://www.epa.gov/aqs/aqs-tech-note-poc-6-28-13 (“The regulatory language for particulate matter (PM) and lead (Pb) monitoring allows for the combining of data when the primary monitor at the site does not sample on a particular day either due to it not being a scheduled sampling day or the instrument did not collect a valid sample.”).

    Response 3: “AQS (Air Quality System) Tech Note POC 6-28-13” is a technical memo from EPA to states, local, tribal, and other data users who use the Air Quality System5 (AQS) to submit and retrieve air quality data. The memo explains that each individual monitor should be reported to AQS under a specific POC even if the data from these monitors is going to routinely be combined as the site record. Reporting data this way allows data users to properly assess the quality of data from a specific monitor while providing the proper sample completeness at a monitoring site. The memo goes further to explain that in 2008, AQS was enhanced to automatically combine PM2.5 values from collocated data in accordance with 40 CFR part 50, appendix N. As described in Response 1, EPA does allow the data from a collocated monitor to be considered as part of the combined site data record when there is no valid daily value from the primary monitor. EPA thus correctly considered data from the collocated monitor in Lebanon County when appropriate in accordance with 40 CFR part 50, appendix N.

    5 AQS is EPA's repository of ambient air quality data. AQS stores data from over 10,000 monitors, 5,000 of which are currently active. See https://www.epa.gov/aqs.

    Comment 4: The Commenter states that there is a discrepancy for the third quarter of 2016, as the Commenter found 92 data samples instead of 91 data samples using data downloaded from EPA's website.

    Response 4: EPA has reviewed the third quarter data for 2016 and has determined that on August 10, 2016, neither POC 1 nor POC 3 produced a valid daily value. Therefore, 91 data samples were used in calculating the third quarter 2016 mean. Thus, no discrepancy or error exists.

    Comment 5: The Commenter claims that EPA relied on data from POC 3 exclusively for 2014 and 2015 and excluded data from POC 3 in the face of lower data from a new POC 1.

    Response 5: As previously discussed in Response 1, POC 1 is the designated primary monitor as of January 2016 and POC 3 is a collocated monitor. See 40 CFR part 50, appendix N, section 3.0(d)(1) and (2). Therefore, the data from primary monitor POC 1 is used as the site record, but is augmented with data from collocated monitor POC 3 whenever there is missing data from POC 1. In 2016, POC 3 data was used as the site record 60 days out of the 364 days used to calculate the 2016 annual mean because data from POC 1, the designated primary monitor, was not available. EPA therefore appropriately used data from POC 1 when available in 2016 in calculating the annual mean and used data from POC 3 in 2016 when data from POC 1 was unavailable in accordance with CAA regulations.

    IV. Final Action

    EPA is making a final determination that the Lebanon County Area has attained the 2012 annual PM2.5 NAAQS. As provided in 40 CFR 51.1015, finalization of this determination suspends the requirements for this area to submit an attainment demonstration, associated RACM, RFP plan, contingency measures, and any other planning SIP requirements related to the attainment of the 2012 PM2.5 NAAQS, so long as this area continues to meet the standard. This determination of attainment does not constitute a redesignation to attainment. The Lebanon County Area will remain designated nonattainment for the 2012 annual PM2.5 NAAQS until such time as EPA determines that the area meets the CAA requirements for redesignation to attainment, including an approved maintenance plan, pursuant to sections 107 and 175A of the CAA.

    V. Statutory and Executive Order Reviews A. General Requirements

    This rulemaking action proposes to make a determination of attainment of the 2012 PM2.5 NAAQS based on air quality data and does not impose additional requirements. For that reason, this proposed determination of attainment:

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

    • is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.

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

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

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

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

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

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

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

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

    In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the Lebanon County Area does not include any Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

    B. Submission to Congress and the Comptroller General

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

    C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 7, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action.

    This action determining that the Lebanon County Area attained the 2012 annual PM2.5 NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

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

    Dated: February 15, 2018. Cosmo Servidio, Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart NN—Pennsylvania 2. Section 52.2059 is amended by adding paragraph (w) to read as follows:
    § 52.2059 Control strategy: Particulate matter.

    (w) Determination of Attainment. EPA has determined based on 2014 to 2016 ambient air quality monitoring data, that the Lebanon County, Pennsylvania moderate nonattainment area has attained the 2012 annual fine particulate matter (PM2.5) primary national ambient air quality standard (NAAQS). This determination, in accordance with 40 CFR 51.1015, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning state implementation plan revisions related to attainment of the standard for as long as this area continues to meet the 2012 annual PM2.5 NAAQS.

    [FR Doc. 2018-04424 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0590; FRL-9974-96—Region 1] Air Plan Approval; Massachusetts; Logan Airport Parking Freeze AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts. This SIP revision increases the total number of commercial parking spaces allowed in the Logan Airport Parking Freeze area by 5,000 parking spaces. The intended effect of this action is to reduce carbon monoxide (CO) and nitrogen oxide (NOX) emissions by reducing the increased vehicle miles traveled (VMT) resulting from insufficient available parking at Logan Airport. This action is being taken under the Clean Air Act.

    DATES:

    This rule is effective on April 5, 2018.

    ADDRESSES:

    EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2017-0590. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Anne McWilliams, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square—Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel. (617) 918-1697, email [email protected]

    SUPPLEMENTARY INFORMATION:

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

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

    On December 5, 2017 (83 FR 57415), EPA published a Notice of Proposed Rulemaking (NPRM) for the Commonwealth of Massachusetts. The NPRM proposed approval of revisions to 310 Code of Massachusetts Regulations (CMR) 7.30 Massachusetts Port Authority (Massport)/Logan Airport Parking Freeze. The formal SIP revision was submitted by Massachusetts on July 13, 2017.

    The revised 310 CMR 7.30 increases the total number of commercial spaces in the Logan Parking Freeze area by 5,000 spaces to a total of 26,088. In the event that the remaining 702 park-and-fly spaces in the East Boston Parking Freeze cap were converted to commercial spaces at Logan Airport in the future, the maximum total number of spaces permitted would be 26,790.

    In addition, the revision requires Massport to complete the following studies within 24 months of June 30, 2017: (1) Potential improvements to high occupancy vehicle access to Logan Airport; (2) a cost and pricing assessment for different modes of transportation to and from Logan Airport in order to generate revenue for the promotion of high-occupancy vehicle (HOV) use by airport travelers and visitors; and (3) the feasibility and effectiveness of potential operational measures to reduce non-HOV pick-up/drop-off modes of transportation to Logan Airport.

    Finally, the revision allows Massport to satisfy its annual reporting requirements through its submission of annual Environmental Data Reports or similar airport-wide documents under the Massachusetts Environmental Policy Act (MEPA).

    The rationale for EPA's proposed action is explained in the NPR and will not be restated here. EPA received comments from the Conservation Law Foundation (CLF) in support of the NPRM after the close of the comment period, and they have been included in the docket for this action. Initially, CLF opposed the addition of 5,000 commercial parking spaces. However, with the development of a binding agreement between CLF and Massport, CLF now supports this SIP revision due to the agreed upon addition of substantial transportation mitigation measures and increased HOV targets. The only comment received during the public comment period was not germane or specific to this rulemaking, and did not state how or why the rule should be changed. Therefore, no additional response to the comment will be provided here.

    II. Final Action

    EPA is approving revised 310 CMR 7.30 Massport/Logan Airport Parking Freeze as a revision to the Massachusetts SIP.

    III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of 310 CMR 7.30 Massport/Logan Airport Parking Freeze described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through https://www.regulations.gov.

    IV. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

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

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 7, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

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

    Dated: February 26, 2018. Alexandra Dapolito Dunn, Regional Administrator, EPA New England.

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

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

    42 U.S.C. 7401 et seq.

    Subpart W—Massachusetts 2. In § 52.1120, in paragraph (c), amend the table by revising the entry “310 CMR 7.30” to read as follows:
    § 52.1120 Identification of plan.

    (c) * * *

    EPA Approved Massachusetts Regulations State citation Title/subject State
  • effective date
  • EPA approval date 1 Explanations
    *         *         *         *         *         *         * 310 CMR 7.30 Massport/Logan Airport Parking Freeze 6/30/2017 3/6/2018
  • [Insert Federal Register citation]
  • Revises the existing commercial parking freeze limits and requires the Massachusetts Port Authority to complete several studies to evaluate ways to further support alternative transit options.
    *         *         *         *         *         *         * 1 To determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
    [FR Doc. 2018-04488 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2017-0080; FRL-9973-39] Lipochitooligosaccharide (LCO) SP104; Exemption From the Requirement of a Tolerance AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    This regulation establishes an exemption from the requirement of a tolerance for lipochitooligosaccharide (LCO) SP104 in or on all food commodities when used in accordance with label directions and good agricultural practices. Monsanto Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of LCO SP104 under FFDCA.

    DATES:

    This regulation is effective March 6, 2018. Objections and requests for hearings must be received on or before May 7, 2018, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2017-0080, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

    C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2017-0080 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before May 7, 2018. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

    In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2017-0080, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    II. Background

    In the Federal Register of June 8, 2017 (82 FR 26641) (FRL-9961-14), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance petition (PP 6F8520) by Monsanto Company, 1300 I (Eye) St. NW, Suite 450 East, Washington, DC 20005. The petition requested that 40 CFR 180 be amended by establishing an exemption from the requirement of a tolerance for residues of the plant growth regulator LCO SP104 in or on raw agricultural commodities and processed foods. That document referenced a summary of the petition prepared by the petitioner, Monsanto Company, which is available in the docket via http://www.regulations.gov. There were no comments received in response to the notice of filing.

    III. Final Rule A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is “safe.” Section 408(c)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings but does not include occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in FFDCA section 408(b)(2)(C), which require EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance or tolerance exemption and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .” Additionally, FFDCA section 408(b)(2)(D) requires that EPA consider “available information concerning the cumulative effects of [a particular pesticide's] . . . residues and other substances that have a common mechanism of toxicity.” FFDCA section 408(b)(2)(C) provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the Food Quality Protection Act Safety Factor (FQPA SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.

    EPA evaluated the available toxicity and exposure data on LCO SP104 and considered their validity, completeness, and reliability, as well as the relationship of this information to human risk. EPA also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children.

    Lipochitooligosaccharides (LCOs) are signaling molecules produced by bacteria, which are involved in the initiation of plant-microbe endosymbiosis (the scenario when a microbe colonizes a plant) in an estimated 70-80% of terrestrial plants. As a pesticide, LCO SP104, a synthetically produced LCO, is intended for use as a plant growth regulator (PGR) to increase growth and decrease stress in growing crops. Typical of a PGR, LCO SP104 should be applied at low concentrations because use at high concentrations can result in detrimental effects to the plant. LCO SP104 is structurally similar to naturally occurring LCOs. Humans are exposed to naturally occurring LCOs as they are present in the roots of food crops and in the bacteria and fungi that are associated with the roots of these crops. Molecules identical to LCO breakdown products (such as chitin) are also present in insects, crustaceans, fungi, bacteria, and humans, and are regularly consumed by humans as part of a normal diet.

    Based on the data submitted in support of this petition (summarized in Unit II. B., below) and the comprehensive risk assessment conducted by the Agency (included in the Docket for this action), EPA concludes that there is a reasonable certainty of no harm from aggregate exposures to LCO SP104, including the consumption of food treated with this active ingredient in accordance with label directions and good agricultural practices. EPA has made this determination because available toxicology data indicate that the active ingredient is not acutely toxic and, based upon a weight of the evidence (WOE) approach, it has been determined not to be a developmental toxicant, a mutagen, or toxic via repeat oral exposure (i.e. not subchronically toxic via the oral route). As such the Agency has not identified any endpoints of concern for LC SP104 and has conducted a qualitative assessment of exposure. The Agency has determined that residues of LCO SP104 in drinking water are not expected when products are used according to label instructions. The active ingredient is applied at low concentrations, is very soluble in water, and will dissociate within minutes once applied. Non-occupational exposures are not expected since LCO SP104 is not intended for residential use. A full explanation of the data upon which EPA relied and its risk assessment based on those data can be found within the January 22, 2018, document entitled “Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for Lipochitooligosaccharide (LCO) SP104.” This document, as well as other relevant information, is available in the docket for this action as described under ADDRESSES.

    Based upon its evaluation, EPA concludes that LCO SP104 is of low acute toxicity and no toxicological endpoints have been identified for this compound. Therefore, EPA concludes that there is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of LCO SP104. Therefore, EPA is establishing an exemption from the requirement of a tolerance for residues of LCO SP104.

    B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes due to the lack of concern about safety for LCO SP104 at any exposure level.

    IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section 408(d) in response to a petition submitted to EPA. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997); nor is it considered a regulatory action under Executive Order 13771, entitled “Reducing Regulations and Controlling Regulatory Costs” (82 FR 9339, February 3, 2017). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance exemption in this action, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply.

    This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes. As a result, this action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, EPA has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, EPA has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).

    This action does not involve any technical standards that would require EPA's consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

    V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: February 23, 2018. Richard Keigwin, Jr., Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

    PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority:

    21 U.S.C. 321(q), 346a and 371.

    2. Add § 180.1353 to subpart D to read as follows:
    § 180.1353 Lipochitooligosaccharide (LCO) SP104; exemption from the requirement of a tolerance.

    Residues of the biochemical pesticide Lipochitooligosaccharide (LCO) SP104 (which has been used in accordance with label directions and good agricultural practices) are exempt from the requirement of a tolerance in or on all food commodities.

    [FR Doc. 2018-04534 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2016-0519; FRL-9972-96] Kasugamycin; Pesticide Tolerances AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    This regulation establishes tolerances for residues of kasugamycin in or on the cherry subgroup 12-12A and walnut. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

    DATES:

    This regulation is effective March 6, 2018. Objections and requests for hearings must be received on or before May 7, 2018, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2016-0519, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Michael L. Goodis, Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

    To access the OCSPP test guidelines referenced in this document electronically, please go to http://www.epa.gov/ocspp and select “Test Methods and Guidelines.”

    C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2016-0519 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before May 7, 2018. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

    In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2016-0519, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    II. Summary of Petitioned-For Tolerance

    In the Federal Register of June 8, 2017 (82 FR 26641) (FRL-9961-14), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 6E8450) by IR-4, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201W, Princeton, NJ 08540. The petition requested that 40 CFR 180.614 be amended by establishing tolerances for residues of the fungicide kasugamycin, (3-O-[2-amino-4-[(carboxyimino-methyl)amino]-2,3,4,6-tetradeoxy-α-D-arabino-hexopyranosyl]-D-chiro-inositol, in or on fruit, stone, subgroup 12-12A at 0.6 parts per million (ppm) and walnut at 0.04 ppm. That document referenced a summary of the petition prepared by Arysta LifeScience North America, LLC, the registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the notice of filing.

    In accordance with EPA's significance figures policy, as discussed in Unit IV.C., the established tolerance for cherry subgroup 12-12A is adjusted slightly from the petition request.

    III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .”

    Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for kasugamycin including exposure resulting from the tolerances established by this action. EPA's assessment of exposures and risks associated with kasugamycin follows.

    A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children.

    Kasugamycin is an aminoglycoside antibiotic pesticide with limited activity against some plant bacterial and fungal pathogens. There are no human or veterinary therapeutic applications due to low efficacy, but at one time was used clinically in Japan to treat Pseudomonas kidney infections in humans (Shuwirth et al. (2006) Nat. Struct. Mol. Biol. 13(10):879-886). The mode of action is distinct from other aminoglycosides such as streptomycin, which also has pesticidal uses. Kasugamycin inhibits formation of the 30S ribosomal subunit at initiation of protein synthesis by perturbing the mRNA-tRNA codon/anticodon interaction; other aminoglycoside antibiotics bind to the 30S ribosomal subunit, but disrupt translation of mRNA at later stages of initiation.

    The primary target organs identified for kasugamycin were the testes and kidney. These effects were seen at higher dose levels, generally at the highest dose tested (HDT). In the rat combined chronic toxicity/carcinogenicity study, an increased incidence and severity of testicular tubular atrophy was observed at histopathological evaluations at 6, 12 and 24 months. Testicular degeneration and atrophy were also observed in adult F1 males in the rat reproductive toxicity study at the highest dose. Testicular tubular dilatation and degeneration were observed in the subchronic mouse study at a dose that exceeded the limit dose, but not in the mouse carcinogenicity study, which tested at much lower doses. In the dog chronic toxicity study, testicular inflammation was reported at the high dose, but was not accompanied by atrophic or degenerative changes, and was not considered a treatment-related adverse effect.

    Kidney toxicity is often associated with exposure to aminoglycoside antibiotics. In the rat reproductive toxicity study, kidney dilatation and increased incidence of chronic progressive nephropathy were observed in F1 males. In the subchronic rat study, increased incidence of eosinophilic bodies (slight severity) in the renal proximal tubular cells was reported in males at several dose levels. These effects were considered treatment-related but not adverse due to the low severity and lack of associated findings. However, in female rats, increased epithelial cells in the urinary sediment, along with decreased urine pH (also seen in males), was considered evidence of possible kidney toxicity. Slight lipofuscin deposition in the rat combined chronic toxicity/carcinogenicity study was not considered adverse due to the lack of other related findings (this study tested up to the NOAEL of the subchronic study). The rat metabolism study indicated higher levels of radioactivity in the kidneys than other tissues. In the subchronic mouse study, minimal to severe basophilia/hyperplasia in the renal pars recta in females was observed. No renal effects were seen in the mouse carcinogenicity study or in the dog.

    Kasugamycin caused decreased body weight and/or weight gain in subchronic studies in the rat, mouse and dog. The chronic studies, which tested at lower doses, did not show body weight effects. Decreased body weight was also observed in developmental and reproductive studies in the rat and the range-finding study for the rabbit developmental study. Body weight effects in the mouse immunotoxicity study were observed only at a dose exceeding the limit dose.

    Kasugamycin appears to be irritating to the oral and gastrointestinal tract mucosa. Anal lesions and perianal/perigenital staining were observed in the subchronic mouse study. Red and swollen skin around the anal opening, and inflammation and ulceration of the rectum, were noted in male and female rats of both generations in the 2-generation reproduction study. In the rat developmental toxicity study, distention of the large intestine with stool in the cecum, and an increased incidence of loose stool, were reported. Similar findings were seen in the rabbit developmental range-finding study among females that died or were sacrificed in extremis. These effects may be related to the acidity (or other irritant property) of the active ingredient, which is primarily excreted unabsorbed and un-metabolized in the feces. In the dog, tongue and mouth lesions were reported at the highest dose tested in the subchronic toxicity study (but not the chronic study, which tested at a lower dose). Systemic effects were not observed in the rat 21-day dermal study at doses up to the limit dose, but local dermal irritation was observed.

    The available studies, including rat acute and subchronic neurobehavioral screening studies, did not show evidence of neurotoxicity. A 28-day mouse immunotoxicity study did not show evidence of immune system effects.

    There was no evidence of increased quantitative or qualitative susceptibility in rat or rabbit developmental toxicity studies, or in the rat reproductive study. No developmental effects were seen in the rat developmental study up to doses causing maternal toxicity (decreased body weight gain, food consumption, and feed efficiency). No maternal or developmental toxicity was observed in the main rabbit developmental toxicity study, in the dose range-finding study, but maternal weight loss, reduced food consumption during dosing and abortions (GD 18 or later) were observed at higher doses. Fetal weight was decreased at the maternally toxic dose, but could not be evaluated at higher doses due to maternal death and abortions. In the rat reproductive toxicity study, parental toxicity included decreased body weight/weight gain. No offspring toxicity was observed. Reproductive toxicity at the highest dose tested (above the parental LOAEL) included testicular atrophy, decreased fertility and fecundity in the F1 parents for both litters, and an increased pre-coital interval during the F2b litter mating period.

    Kasugamycin is classified as “not likely to be carcinogenic to humans,” based on lack of evidence of carcinogenicity in rat and mouse carcinogenicity studies. There was no evidence of genotoxicity.

    Specific information on the studies received and the nature of the adverse effects caused by kasugamycin as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in the document titled “Kasugamycin. Human Health Risk Assessment for the Proposed Section 3 Registration of New Uses of the Antibiotic Fungicide on Cherry Subgroup 12-12A and Walnuts” on pages 30-39 in docket ID number EPA-HQ-OPP-2016-0519.

    B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA identifies toxicological points of departure (POD) and levels of concern to use in evaluating the risk posed by human exposure to the pesticide. For hazards that have a threshold below which there is no appreciable risk, the toxicological POD is used as the basis for derivation of reference values for risk assessment. PODs are developed based on a careful analysis of the doses in each toxicological study to determine the dose at which no adverse effects are observed (the NOAEL) and the lowest dose at which adverse effects of concern are identified (the LOAEL). Uncertainty/safety factors are used in conjunction with the POD to calculate a safe exposure level—generally referred to as a population-adjusted dose (PAD) or a reference dose (RfD)—and a safe margin of exposure (MOE). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides. A summary of the toxicological endpoints for kasugamycin used for human risk assessment is discussed in Unit III.B of the final rule published in the Federal Register of August 29, 2014 (79 FR 51492) (FRL-9911-57).

    C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary exposure to kasugamycin, EPA considered exposure under the petitioned-for tolerances as well as all existing kasugamycin tolerances in 40 CFR 180.614. EPA assessed dietary exposures from kasugamycin in food as follows:

    i. Acute exposure. Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure.

    No such effects were identified in the toxicological studies for kasugamycin; therefore, a quantitative acute dietary exposure assessment is unnecessary.

    ii. Chronic exposure. In conducting the chronic dietary exposure assessment EPA used the food consumption data from the United Stated Department of Agriculture (USDA) National Health and Nutrition Examination Survey, What We Eat in America, (NHANES/WWEIA; 2003-2008). As to residue levels in food, EPA assumed tolerance level residues and 100% crop treated for all registered and proposed crops.

    iii. Cancer. Based on the data summarized in Unit III.A., EPA has concluded that kasugamycin does not pose a cancer risk to humans. Therefore, a dietary exposure assessment for the purpose of assessing cancer risk is unnecessary.

    iv. Anticipated residue and percent crop treated (PCT) information. EPA did not use anticipated residue or PCT information in the dietary assessment for kasugamycin. Tolerance-level residues and 100 PCT were assumed for all food commodities.

    2. Dietary exposure from drinking water. The Agency used screening-level water exposure models in the dietary exposure analysis and risk assessment for kasugamycin in drinking water. These simulation models take into account data on the physical, chemical, and fate/transport characteristics of kasugamycin. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.

    Based on the Pesticide Root Zone Model 5/Variable Volume Water Model (VVWM) and Pesticide Root Zone Model Ground Water (PRZM GW), the estimated drinking water concentrations (EDWCs) of kasugamycin for chronic exposures are estimated to be 1.63 parts per billion (ppb) for surface water and 41.71 ppb for ground water.

    Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model. For chronic dietary risk assessment, the water concentration value of 41.71 ppb was used to assess the contribution to drinking water.

    3. From non-dietary exposure. The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets).

    Kasugamycin is not registered for any specific use patterns that would result in residential exposure.

    4. Cumulative effects from substances with a common mechanism of toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”

    EPA has not found kasugamycin to share a common mechanism of toxicity with any other substances, and kasugamycin does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that kasugamycin does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's website at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

    D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA Safety Factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.

    2. Prenatal and postnatal sensitivity. There was no evidence of increased quantitative or qualitative pre- and/or postnatal susceptibility in developmental toxicity studies in two species, or the rat 2-generation reproductive toxicity study. Abortions and a reduction in fetal body weight in the rabbit developmental toxicity range-finding study were considered secondary to maternal toxicity (weight loss, and decreased food consumption). No toxicity to offspring was observed in the rat reproductive toxicity study.

    3. Conclusion. EPA has determined that reliable data show the safety of infants and children would be adequately protected if the FQPA SF were reduced to 1X. That decision is based on the following findings:

    i. The toxicity database for kasugamycin is complete.

    ii. There is no indication that kasugamycin is a neurotoxic chemical and there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity.

    iii. There is no evidence that kasugamycin results in increased susceptibility in in utero rats or rabbits in the prenatal developmental studies or in young rats in the 2-generation reproduction study.

    iv. There are no residual uncertainties identified in the exposure databases. The dietary food exposure assessments were performed based on 100 PCT and tolerance-level residues. EPA made conservative (protective) assumptions in the ground and surface water modeling used to assess exposure to kasugamycin in drinking water. These assessments will not underestimate the exposure and risks posed by kasugamycin.

    E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the estimated aggregate exposure. Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate PODs to ensure that an adequate MOE exists.

    1. Acute risk. An acute aggregate risk assessment takes into account acute exposure estimates from dietary consumption of food and drinking water. No adverse effect resulting from a single oral exposure was identified and no acute dietary endpoint was selected. Therefore, kasugamycin is not expected to pose an acute risk.

    2. Chronic risk. Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to kasugamycin from food and water will utilize 4.2% of the cPAD for children 1-2 years old, the population group receiving the greatest exposure. There are no residential uses for kasugamycin.

    3. Short-term risk. Short-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Because there are no residential uses, kasugamycin is not expected to pose a short-term risk.

    4. Intermediate-term risk. Intermediate-term aggregate exposure takes into account intermediate-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level. Because there are no residential uses, kasugamycin is not expected to pose an intermediate-term risk.

    5. Aggregate cancer risk for U.S. population. Based on the lack of evidence of carcinogenicity in two adequate rodent carcinogenicity studies, kasugamycin is not expected to pose a cancer risk to humans.

    6. Determination of safety. Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to kasugamycin residues.

    IV. Other Considerations A. Analytical Enforcement Methodology

    An approved tolerance enforcement method for crops is available for kasugamycin using a reverse-phase, ion pairing HPLC/UV method (Morse Laboratories Method #Meth-146, Revision #4) for collecting data and enforcing tolerances for kasugamycin in plant commodities. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address: [email protected]

    B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level.

    The Codex has not established a MRL for kasugamycin.

    C. Revisions to Petitioned-For Tolerances

    In establishing the tolerance for cherry subgroup 12-12A, EPA added a significant figure (0.60 ppm rather than the proposed 0.6 ppm). This is in order to avoid the situation where rounding of an observed residue to the level of precision of the tolerance expression would be considered non-violative (such as 0.64 ppm being rounded to 0.6 ppm).

    V. Conclusion

    Therefore, tolerances are established for residues of kasugamycin, (3-O-[2-amino-4-[(carboxyimino-methyl)amino]-2,3,4,6-tetradeoxy-α-D-arabino-hexopyranosyl]-D-chiro-inositol), in or on cherry subgroup 12-12A at 0.60 ppm and walnut at 0.04 ppm.

    VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001); Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997); or Executive Order 13771, entitled “Reducing Regulations and Controlling Regulatory Costs” (82 FR 9339, February 3, 2017). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply.

    This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).

    This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

    VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: February 23, 2018. Michael L. Goodis, Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

    PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority:

    21 U.S.C. 321(q), 346a and 371.

    2. In § 180.614, add alphabetically the entries “Cherry subgroup 12-12A”; and “Walnut” to the table in paragraph (a) to read as follows:
    § 180.614 Kasugamycin; tolerances for residues.

    (a) * * *

    Commodity Parts per
  • million
  • Cherry subgroup 12-12A 0.60 *    *    *    *    * Walnut 0.04
    [FR Doc. 2018-04529 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    83 44 Tuesday, March 6, 2018 Proposed Rules DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 210 and 235 [FNS-2017-0039] RIN 0584-AE60 Hiring Flexibility Under Professional Standards AGENCY:

    Food and Nutrition Service (FNS), USDA.

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed rule would add four flexibilities to the hiring standards for new school nutrition program directors in small local educational agencies (LEAs) and new school nutrition program State directors under the professional standards regulations for the National School Lunch and School Breakfast Programs. First, to address the hiring challenge faced by small LEAs, those with 2,499 or fewer students, this rule would require relevant food service experience rather than school nutrition program experience for new directors. Second, it would provide State agencies with discretion to consider volunteer or unpaid work as relevant food service experience for new school nutrition program directors in small LEAs. Third, to further assist LEAs with less than 500 students, this proposed rule would expand the existing regulatory flexibility which gives State agencies discretion to accept less than the required years of food service experience when an applicant for a new director position has the minimum required education. Fourth, this rule would also add flexibility to the hiring standards for State directors of school nutrition programs by considering applicants with either a bachelor's or a master's degree in specific, relevant fields. These proposed changes are expected to expand the pool of candidates qualified to serve as leaders in the school nutrition programs while continuing to ensure that school nutrition professionals are able to perform their duties effectively and efficiently.

    DATES:

    Written comments must be received on or before May 7, 2018 to be assured of consideration.

    ADDRESSES:

    The Food and Nutrition Service, USDA, invites interested persons to submit written comments on this proposed rule. Comments may be submitted in writing by one of the following methods:

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

    Mail: Send comments to School Programs Branch, Policy and Program Development Division, Food and Nutrition Service, 3101 Park Center Drive, 12th Floor, Alexandria, Virginia 22302.

    All written comments submitted in response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the written comments publicly available on the internet via http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Tina Namian, Chief, School Programs Branch, Policy and Program Development Division, Food and Nutrition Service, 3101 Park Center Drive, 12th Floor, Alexandria, Virginia 22302; 703-305-2590.

    SUPPLEMENTARY INFORMATION:

    On July 1, 2015, FNS implemented professional standards for school nutrition personnel who manage and operate the National School Lunch Program (NSLP) and School Breakfast Program (SBP), as required by the final rule Professional Standards for State and Local School Nutrition Programs Personnel as Required by the Healthy, Hunger-Free Kids Act of 2010 (80 FR 11077) and section 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)). The professional standards consist of hiring and training standards as follows:

    • Hiring standards for new school nutrition program directors of school food authorities (SFAs). These hiring standards, established at 7 CFR 210.30(b)(1)(i), (ii) and (iii), are based on student enrollment for three local educational agency (LEA) sizes: 2,499 students or less; 2,500-9,999 students; and 10,000 or more students.

    • Hiring standards for new State directors of school nutrition programs and new State directors of distributing agencies. These hiring standards are established at 7 CFR 235.11(g)(1) and (2), respectively.

    • Annual training hours for all State directors of school nutrition programs and all State directors of distributing agencies (established at 7 CFR 235.11(g)(3) and (4)); and annual training hours for all local school nutrition program personnel—directors (at 7 CFR 210.30(b)(3)), managers (at 7 CFR 210.30(c)), and staff (at 7 CFR 210.30(d)).

    The professional standards are intended to ensure that school nutrition professionals who manage and operate the NSLP and SBP have adequate knowledge and training to meet program requirements. Requiring proper qualifications to serve in the NSLP and SBP is expected to improve the quality of school meals, reduce errors, and enhance program integrity.

    School Nutrition Program Directors

    As explained earlier, at the local level, the hiring standards are based on the LEA size. To facilitate recruitment and hiring of new SFA directors in small LEAs with less than 500 students, current regulations at 7 CFR 210.30(b)(1)(i)(D) give State agencies discretion to allow the hiring of a new school nutrition program director who holds a high school diploma but less than the required three years of school nutrition program experience.

    Since implementation of the professional standards in 2015, FNS has received multiple inquiries from State agencies on behalf of SFAs that are facing challenges with the hiring standards applicable to LEAs with 500 to 2,499 students. The majority of the inquiries and/or waiver requests received by FNS originated in the Mountain Plains Region, which includes States with small LEAs such as those in rural and/or in Tribal communities. These small LEAs often have difficulty recruiting new school nutrition program directors with previous school nutrition program experience, as currently required by the professional standards regulations.

    The current regulations at 7 CFR 210.30(b)(1)(i) require from one to three years of prior school nutrition program experience, depending on the level of education attained by the new director. Applicants with an associate's degree, or the equivalent, in a relevant field are required to have at least one year of relevant school nutrition program experience. Applicants with a high school diploma, or the equivalent, are required to have at least three years of relevant school nutrition program experience. School nutrition program experience is not required for new directors with: (1) A bachelor's degree or higher with a specific academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field; or (2) a bachelor's degree with any academic major or area of concentration and a State-recognized certificate for school nutrition directors.

    Informal input received by FNS at State agency meetings and through other State agency contacts reveals that SFAs operating in small LEAs, particularly those in rural or less populated areas, often struggle to find applicants with school nutrition program experience. In the school meal programs, there are approximately 6,500 LEAs with an enrollment between 500-2,499 students, which represents about 36 percent of the LEA population nationwide. These small LEAs are found in States across the nation, including California, Colorado, Iowa, Montana, New Mexico, South Dakota, and Wisconsin. For example, within the last two years, six SFAs in one State agency were diligent in advertising director vacancies but were not able to hire new directors with the required school nutrition program experience due to the limited pool of applicants in the local labor market. Most applicants in these small LEAs have acquired relevant food service experience by working as managers or chefs at local restaurants and healthcare facilities. If a SFA hires a new director without the required education or school nutrition program experience, in violation of program requirements, the SFA is not permitted to use funds from the non-profit school food service account, which includes NSLP and SBP reimbursements, to pay the salary of the director at issue. This fiscal impact could jeopardize a SFA's financial viability and ability to participate in the NSLP and SBP.

    To assist these SFAs with this challenge and provide more local control over hiring decisions that reflect their unique labor markets, FNS proposes the following changes to the hiring standards at 7 CFR 210.30(b)(1)(i) for LEAs with 2,499 students or less:

    • Remove the school nutrition program experience requirement for new directors, and instead require relevant food service experience for this LEA size only;

    • Provide State agencies the discretion to consider applicants' volunteer or unpaid food service experience on a case-by-case basis. This optional flexibility is expected to be particularly useful for small LEAs, such as charter and Tribal schools; and

    • In small LEAs with less than 500 students, provide the State agency discretion to approve the hire of a director who has less than the required years of food service experience, provided that the applicant has the minimum education specified in the hiring standards for LEAs with 2,499 students or less.

    These proposed flexibilities are intended to provide LEAs with 2,499 students or less increased access to a larger pool of applicants with relevant food service experience gained inside or outside the NSLP/SBP and applicable to the director's position. This food service experience could be either in a paid food service position (e.g., restaurant manager or cook) or could be gained in an unpaid food service position (e.g., an unpaid apprenticeship/internship program or as a volunteer food service work in a community organization, such as a homeless shelter). The flexibility to consider unpaid experience, which is available at the discretion of the State agency on a case-by-case basis, acknowledges that in small communities there are few employment opportunities in food service but residents often volunteer to manage food service activities for civic and community organizations. Upon implementation of this proposed rule, an applicant with paid and/or unpaid experience managing the food service at a healthcare facility, restaurant, civic/community organization, or other type of establishment could be considered for a director's position, provided that the applicant also has the required education.

    To provide additional assistance to small LEAs with less than 500 students, this proposed rule would modify the current optional flexibility at 7 CFR 210.30(b)(1)(i)(D), which provides State agencies discretion to allow an SFA to hire a new school nutrition program director with a high school diploma and less than the required years of experience. This proposed rule would allow the State agency to apply this optional flexibility to address hiring issues in LEAs with less than 500 students if an applicant has either a high school diploma, an associate's degree, or a bachelor's degree but less than the required years of food service experience. Ideally, a new program director in this situation would have some paid or unpaid food service experience. By expanding the existing optional flexibility at § 210.30(b)(1)(i)(D) to include other educational levels, FNS affirms its commitment to provide small LEAs with less than 500 students more local control to address their unique hiring challenges.

    Based on the inquiries, waiver requests, and anecdotal input from State agencies, FNS understands that these proposed flexibilities would be helpful for LEAs with 2,499 students or less, such as rural and Tribal schools, residential child care institutions, and charter schools. It is important to stress that these proposed flexibilities only address the specialized experience requirement at 7 CFR 210.30(b)(1)(i) and would not affect the number of years of experience required, which ranges from one to three years based on the level of education of the new director, except in specific situations where the State agency may use its discretion to assist an LEA with less than 500 students (as explained earlier).

    Also, although this proposed rule would remove the specialized experience requirement for new SFA directors in LEAs with 2,499 students or less, hiring a new school nutrition program director with school nutrition program experience is a best practice. Minimizing the learning curve helps contribute to a smooth transition during a personnel change, especially at this level of program administration. Otherwise, significant State agency support and guidance would be essential during the first year to ensure that the new director is able to manage the SFA's meal service as required by program regulations. Additionally, the Orientation to School Nutrition Management Seminar and other training resources from the Institute of Child Nutrition are available to help a new director who has little or no program experience conduct the day-to-day operations of the NSLP and SBP successfully.

    This proposed rule would not amend the school nutrition program experience requirement for new directors in larger LEAs, those with 2,500 students or more. Operational experience since implementation of the professional standards in 2015 has not revealed issues with the experience requirement for larger LEAs, which are often located in large towns or cities in urban areas. FNS understands that such LEAs, which have a more complex school food service operation, generally have access to a more robust pool of applicants. Therefore, specific school nutrition program experience would remain in place for new directors in LEAs with 2,500 students or more, as required under 7 CFR 210.30(b)(1)(ii) and (iii).

    State Directors

    At the State agency level, the professional standards consist of hiring standards for new State directors of school nutrition programs, hiring standards for new directors of distributing agencies, and annual training standards for new and current State directors. These requirements are established at 7 CFR 235.11(g).

    FNS is proposing to allow flexibility in the hiring standards for new State directors of school nutrition programs to attract a larger number of professionals qualified to lead and manage the school nutrition programs statewide. For a new State director of school nutrition programs, the current regulations at 7 CFR 235.11(g)(1)(i) require a bachelor's degree with an academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field. A master's degree in one of the specified fields is strongly preferred.

    To accommodate applicants who have a master's degree in one of the specified fields but a bachelor's degree in a non-related field, FNS proposes to add a master's degree in a relevant field to the basic qualifications listed in 7 CFR 235.11(g)(1)(i). This is intended to help ensure that highly educated individuals are not unintentionally prevented from serving as State director of school nutrition programs. Adding a master's degree in a relevant field to the basic qualifications acknowledges that many professionals change careers and gain relevant experience through advanced education in areas relevant to school nutrition. For example, a State agency supervisor who has a bachelor's degree in political science and a master's degree in nutrition education or public administration could be considered to serve as a State director of school nutrition programs.

    Accordingly, this proposed rule would add more flexibility to the hiring standards in 7 CFR 210.30(b)(1)(i) for new LEA-level school nutrition program directors, and in 7 CFR 235.11(g)(1)(i) for new statewide school nutrition program directors to expand the pool of candidates qualified to serve in the school nutrition programs. FNS invites public comments on the specific flexibilities addressed in this proposed rule. Public comments will be extremely helpful in the development of the final rule.

    Procedural Matters Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule promotes flexibility in the hiring standards for State and local school nutrition personnel but has no measurable costs or benefits. This rule has been determined to be not significant and was not reviewed by the Office of Management and Budget (OMB) in conformance with Executive Order 12866.

    Regulatory Impact Analysis

    This rule has been designated as not significant by the Office of Management and Budget; therefore, no Regulatory Impact Analysis is required.

    Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies to analyze the impact of rulemaking on small entities and consider alternatives that would minimize any significant impacts on a substantial number of small entities. Pursuant to that review, it has been certified that this rule would not have a significant impact on a substantial number of small entities. This proposed rule would not have an adverse impact on small entities in the National School Lunch Program and School Breakfast Program rather it would ease program operations by adding flexibility in the hiring standards for new directors in small local educational agencies and new directors of State agencies.

    Impact: The provisions of this proposed rule would apply to LEAs with 2,499 students or less, and to State agencies operating the National School Lunch Program and School Breakfast Program. These entities meet the definitions of “small governmental jurisdiction” and “small entity” in the Regulatory Flexibility Act. These entities would be able to quickly benefit from the hiring flexibilities proposed in this rule.

    Executive Order 13771

    This proposed rule is an E.O. 13771 deregulatory action that seeks to ease the professional standards regulations for State directors of school nutrition programs and for school nutrition program directors in small LEAs with 2,499 students or less, which are often found in rural communities facing labor market challenges. This rule addresses hiring challenges identified by the State agencies that administer the Child Nutrition Programs. It would add flexibility to hiring standards by expanding the range of allowable education for new State directors, and the range of allowable food service experience for new local directors in small LEAs.

    Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Under section 202 of the UMRA, the Department generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures by State, local or Tribal governments, in the aggregate, or the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, Section 205 of the UMRA generally requires the Department to identify and consider a reasonable number of regulatory alternatives and adopt the most cost effective or least burdensome alternative that achieves the objectives of the rule.

    This proposed rule does not contain Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local and Tribal governments or the private sector of $100 million or more in any one year. Thus, the rule is not subject to the requirements of sections 202 and 205 of the UMRA.

    Executive Order 12372

    The National School Lunch Program and School Breakfast Program are listed in the Catalog of Federal Domestic Assistance under Number 10.555 and Number 10.553, respectively, and are subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR chapter IV.) Since the Child Nutrition Programs are State-administered, USDA's Food and Nutrition Service (FNS) Regional Offices have formal and informal discussions with State and local officials, including representatives of Indian Tribal Organizations, on an ongoing basis regarding program requirements and operation. Discussions also take place in response to technical assistance requests submitted by the State agencies to the FNS Regional Offices. This regular interaction with State and local operators provides FNS valuable input that informs rulemaking. Based on the inquiries and waiver requests from the State agencies disclosing challenges with the professional standards regulations, FNS is proposing specific flexibilities to address the requirement issues in a manner that promotes program efficiency and effectiveness.

    Federalism Summary Impact Statement

    Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under Section (6)(b)(2)(B) of Executive Order 13121.

    The Department has considered the impact of this rule on State and local governments and has determined that this rule does not have federalism implications. Therefore, under section 6(b) of the Executive Order, a federalism summary is not required.

    Executive Order 12988, Civil Justice Reform

    This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is intended to have preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which would otherwise impede its full and timely implementation. This rule is not intended to have retroactive effect. Prior to any judicial challenge to the provisions of this rule, all applicable administrative procedures must be exhausted.

    Civil Rights Impact Analysis

    FNS has reviewed this proposed rule in accordance with USDA Regulation 4300-4, “Civil Rights Impact Analysis,” to identify any major civil rights impacts the rule might have on Program participants on the basis of age, race, color, national origin, sex or disability. After a careful review of the rule's intent and provisions, FNS has determined that this rule is not expected to affect the participation of protected individuals in the National School Lunch Program and School Breakfast Program, or limit the ability of protected classes of individuals to serve as new directors in LEAs and State agencies. The provisions of this proposed rule would add flexibility to the existing hiring standards for new directors in order to address difficulties faced by program operators in finding qualified applicants.

    Executive Order 13175

    Executive Order 13175 requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. FNS will notify Tribal leaders about this proposed rule to encourage public comments, and intends to brief Tribal leaders at one of the quarterly consultations or conference calls scheduled by the Office of Tribal Relations.

    FNS has assessed the impact of this proposed rule on Indian tribes and determined that this rule does not, to our knowledge, have negative Tribal implications that require Tribal consultation under E.O. 13175. If a Tribe requests consultation on this rule, FNS will work with the Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified herein are not expressly mandated by Congress. We are unaware of any current Tribal laws that could be in conflict with the proposed provisions of this rule and anticipate that the proposed hiring flexibilities will benefit Tribal schools.

    When implemented, the flexibilities provided by this rule are expected to increase the pool of candidates qualified to serve as new directors of school nutrition programs in small LEAs. This is expected to benefit Tribal communities, which often experience difficulty attracting qualified school nutrition personnel.

    Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR 1320) requires the Office of Management and Budget (OMB) approve all collections of information by a Federal agency before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. The provisions of this proposed rule do not contain information collection requirements subject to approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995.

    E-Government Act Compliance

    The Department is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

    List of Subjects 7 CFR Part 210

    Children, Commodity school program, Food assistance programs, Grant programs—health, Grant programs—education, School breakfast and lunch programs, Nutrition, Reporting and recordkeeping requirements.

    7 CFR Part 235

    Administrative practice and procedure, Food assistance programs, Grant programs—health, Grant programs—education, School breakfast and lunch programs, Nutrition, Reporting and recordkeeping requirements.

    Accordingly, 7 CFR parts 210 and 235 are proposed to be amended as follows:

    PART 210—NATIONAL SCHOOL LUNCH PROGRAM 1. The authority citation for part 210 continues to read as follows: Authority:

    42 U.S.C. 1751-1760, 1779.

    2. Amend § 210.30 by: a. Revising paragraph (b)(1)(i) and; b. In the table to paragraph (b)(2), in the column under the heading “Student enrollment 2,499 or less”, removing the words “school nutrition program experience” wherever they appear and adding in their place the words “food service experience”.
    § 210.30 School nutrition program professional standards.

    (b) * * *

    (1) * * *

    (i) School nutrition program directors with local educational agency enrollment of 2,499 students or fewer. Directors must meet the requirements in either paragraph (b)(1)(i)(A), (B), (C), or (D) of this section.

    (A) A bachelor's degree, or equivalent educational experience, with an academic major or concentration in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field;

    (B) A bachelor's degree, or equivalent educational experience, with any academic major or area of concentration, and either a State-recognized certificate for school nutrition directors or at least one year of relevant food service experience. At the discretion of the State agency, and on a case-by-case basis, the relevant food service experience may be unpaid;

    (C) An associate's degree, or equivalent educational experience, with an academic major or area of concentration in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field and at least one year of relevant food service experience. At the discretion of the State agency, and on a case-by-case basis, the relevant food service experience may be unpaid; or

    (D) A high school diploma or equivalency (such as the general educational development diploma), and at least three years of relevant food service experience. At the discretion of the State agency, and on a case-by-case basis, the relevant food service experience may be unpaid. Directors hired under this criterion are strongly encouraged to work toward attaining an associate's degree in an academic major in the fields listed in paragraph (b)(1)(i).

    (E) For a local educational agency with less than 500 students, the State agency has discretion to approve the hire of a director who meets one of the educational criteria in paragraph (b)(1)(i)(A)-(D) but has less than the required years of relevant food service experience.

    PART 235—STATE ADMINISTRATIVE EXPENSE FUNDS 3. The authority citation for part 235 continues to read as follows: Authority:

    Secs. 7 and 10 of the Child Nutrition Act of 1966, 80 Stat. 888, 889, as amended (42 U.S.C. 1776, 1779).

    § 235.11 [Amended]
    4. In paragraph (g)(1)(i), add at the end the words “or a bachelor's degree with any academic major and a master's degree with an academic major in areas including food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field;” and in paragraph (g)(1)(iv)(A), remove the words “Master's degree” and add in their place the words “Both a bachelor's degree and a master's degree”. Dated: January 16, 2018. Brandon Lipps, Administrator, Food and Nutrition Service.
    [FR Doc. 2018-04233 Filed 3-5-18; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2018-0087; Airspace Docket No. 18-AGL-3] Proposed Amendment of Class E Airspace; Mineral Point, WI AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to amend Class E airspace designated as a surface area at Iowa County Airport, Mineral Point, WI, by removing the part-time language from the airspace description. The FAA is proposing this action to change the status from part-time to full-time at the request of Chicago Air Route Traffic Control Center (ARTCC). This action would also make an editorial change to the airspace description by removing the city from the airport name.

    DATES:

    Comments must be received on or before April 20, 2018.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-9826, or (800) 647-5527. You must identify FAA Docket No. FAA-2018-0087; Airspace Docket No. 18-AGL-3, at the beginning of your comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays.

    FAA Order 7400.11B, 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 http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend Class E airspace designated as a surface area at Iowa County Airport, Mineral Point, WI, to support instrument flight rule operations.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2018-0087; Airspace Docket No. 18-AGL-3.” The postcard will be date/time stamped and returned to the commenter.

    All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's webpage at http://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Federal Aviation Administration, Air Traffic Organization, Central Service Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth, TX 76177.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, 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 Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 by amending the Class E airspace designated as a surface area at Iowa County Airport, Mineral Point, WI, by removing the part-time language from the airspace description. This proposal is made at the request of Chicago ARTCC to change the airspace from part-time to full-time.

    This action also would make an editorial change by removing the name of the city associated with the airport in the airspace designation to comply with a recent change to FAA Order 7400.2L, Procedures for Handling Airspace Matters, dated October 12, 2017.

    Class E airspace designations are published in paragraph 6002 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 Class E airspace designation listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6002 Class E Airspace Areas Designated as Surface Areas. AGL WI E2 Mineral Point, WI [Amended] Iowa County Airport, WI (Lat. 42°53′13″ N, long. 90°14′12″ W)

    Within a 4.1-mile radius of Iowa County Airport.

    Issued in Fort Worth, Texas, on February 26, 2018. Christopher L. Southerland, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2018-04416 Filed 3-5-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2018-0050; Airspace Docket No. 17-AEA-3] Proposed Establishment of Canadian Area Navigation (RNAV) Route T-705; Northeastern United States AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    The FAA is proposing to establish Canadian area navigation (RNAV) route T-705 in the Northeastern United States (U.S.). This proposal would extend the Canadian Route into U.S. airspace. The FAA is proposing this action at the request of NAVCANADA and the Boston Air Route Traffic Control Center (ARTCC) to expand the availability of RNAV routing and fill a gap in routing in northeastern New York that resulted from the decommissioning of the Plattsburgh, NY, VHF Omnidirectional Range Tactical Air Navigation (VORTAC).

    DATES:

    Comments must be received on or before April 20, 2018.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1 (800) 647-5527 or (202) 366-9826. You must identify FAA Docket No. FAA-2018-0050 and Airspace Docket No. 17-AEA-3 at the beginning of your comments. You may also submit comments through the internet at http://www.regulations.gov.

    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 http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    Paul Gallant, 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 support the route structure in the northeastern United States to expand the availability of RNAV routing.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

    Communications should identify both docket numbers (FAA Docket No. FAA-2018-0050 and Airspace Docket No. 17-AEA-3) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2018-0050 and Airspace Docket No. 17-AEA-3.” The postcard will be date/time stamped and returned to the commenter.

    All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend 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 proposed rule. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal Regulations (14 CFR), part 71 to establish Canadian RNAV route T-705 by extending the Canadian route into U.S. airspace. T-705 currently extends between the IKNAR, Canada, waypoint (WP) located approximately 90 nautical miles (NM) north of Montreal, Canada, and the DUNUP, Canada, WP located approximately 25 NM southeast of Montreal. This proposal would extend T-705 from the DUNUP, Canada, WP through the EBDOT, Canada WP, then into U.S. airspace via the LATTS, NY, and PBERG, NY, WPs. From the PBERG WP, the route would proceed to the RIGID, NY, fix, and from that point, it would overlie VOR Federal airway V-196 to the Utica, NY, VORTAC. The amended T-705 would provide continuous RNAV routing between Utica, NY, and Montreal, Canada, and points north of Montreal to the IKNAR, Canada, WP.

    Canadian area navigation routes that extend into United States airspace are published in paragraph 6013 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 area navigation route listed in this document would be subsequently published in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017 and effective September 15, 2017, is amended as follows: Paragraph 6013 Canadian Area Navigation Routes. T-705 Utica, NY (UCA) to IKNAR, Canada [New] Utica, NY (UCA) VORTAC (Lat. 43°01′35.45″ N, long. 75°09′52.28″ W) USICI, NY Fix (Lat. 43°11′23.04″ N, long. 75°03′06.15″ W) GACKE, NY Fix (Lat. 43°19′11.10″ N, long. 74°57′40.88″ W) BECKS, NY Fix (Lat. 43°32′56.63″ N, long. 74°48′03.47″ W) SMAIR, NY Fix (Lat. 44°03′32.47″ N, long. 74°26′20.99″ W) FOSYU, NY Fix (Lat. 44°12′25.39″ N, long. 74°19′58.15″ W) Saranac Lake, NY (SLK) VOR/DME (Lat. 44°23′04.41″ N, long. 74°12′16.21″ W) RIGID, NY Fix (Lat. 44°35′19.53″ N, long. 73°44′34.07″ W) PBERG, NY WP (Lat. 44°42′06.25″ N, long. 73°31′22.18″ W) LATTS, NY WP (Lat. 44°51′29.78″ N, long. 73°32′29.26″ W) EBDOT, CD WP (Lat. 45°05′25.23″ N, long. 73°34′01.25″ W) DUNUP, CD WP (Lat. 45°17′34.90″ N, long. 73°35′21.89″ W) TAMKO, CD INT (Lat. 46°02′54.00″ N, long. 73°54′39.00″ W) LIVBA, CD WP (Lat. 46°14′17.05″ N, long. 73°57′05.38″ W) NOSUT, CD WP (Lat. 46°21′38.00″ N, long. 73°58′38.00″ W) IKNAR, CD WP (Lat. 47°11′35.44″ N, long. 74°09′31.38″ W) Excluding the airspace within Canada. Issued in Washington, DC, on February 26, 2018. Rodger A. Dean Jr., Manager, Airspace Policy Group.
    [FR Doc. 2018-04415 Filed 3-5-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0103] RIN 1625-AA08 Special Local Regulation; Pensacola Bay, Pensacola, FL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a temporary special local regulation on Pensacola Bay in Pensacola, FL. The proposed rulemaking is needed to protect the persons participating in the Pensacola Triathlon marine event. This proposed rulemaking restricts transit into, through and within the regulated area unless specifically authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before April 5, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2018-0103 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email [email protected].

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Mobile DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking PATCOM Patrol Commander § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis

    On January 16, 2018, the marine event sponsor for the annual Pensacola Triathlon marine event submitted an application for a marine event permit. The Captain of the Port Sector Mobile (COTP) has determined a special local regulation is needed to protect the persons participating in and viewing the Pensacola Triathlon marine event.

    The purpose of this proposed rulemaking is to restrict transit into, through and within the regulated area on Pensacola Bay extending in a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W in Pensacola, FL during the Pensacola Triathlon. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233.

    III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary special local regulation on Pensacola Bay extending in a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W in Pensacola, FL. The proposed rulemaking is needed to needed to protect the persons participating in the Pensacola Triathlon marine event. This proposed rulemaking restricts transit into, through and within the regulated area unless specifically authorized by the COTP. No vessel or person would be permitted to enter the regulated area without obtaining permission from the COTP or a designated representative. A designated representative may be a Patrol Commander (PATCOM). The PATCOM would be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign “PATCOM”. All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The “official patrol vessels” consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area.

    Spectator vessels desiring to transit the regulated area may do so only with prior approval of the Patrol Commander and when so directed by that officer would be operated at a minimum safe navigation speed in a manner which will not endanger participants in the regulated area or any other vessels. No spectator vessel shall anchor, block, loiter, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event.

    The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.

    The COTP or a designated representative may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. The COTP or a designated representative would terminate enforcement of the special local regulations at the conclusion of the event.

    The regulatory text we are proposing appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on size, location, and duration of the proposed rulemaking. The proposed special local regulation on Pensacola Bay extending in a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W in Pensacola, FL from 4 a.m. to 10 a.m. on April 29, 2018. Additionally, the Coast Guard will issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about the regulation so that waterway users may plan accordingly for transits during this restriction. The rule also allows vessels to seek permission from the COTP or a designated representative to enter the regulated area.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities.

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

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Directive 023-01, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a special local regulation on Pensacola Bay extending in a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W in Pensacola, FL. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration (REC) supporting this determination would be available in the docket where indicated under ADDRESSES.

    We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice.

    Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows:

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority:

    33 U.S.C. 1233; 33 CFR 1.05-1.

    2. Add § 100.35T08-0103 to read as follows:
    § 100.35T08-0103 Special Local Regulation; Pensacola Bay, Pensacola, FL

    (a) Regulated area. All navigable waters of Pensacola Bay extending in a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W in Pensacola, FL.

    (b) Enforcement period. This section will be enforced on April 29, 2018.

    (c) Special local regulations.

    (1) In accordance with the general regulations in § 100.801, entry into, transit within or through, or exit from this area is prohibited unless authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. A designated representative may be a Patrol Commander (PATCOM). The PATCOM will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign “PATCOM”.

    (2) All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The “official patrol vessels” consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the Captain of the Port (COTP) Mobile to patrol the regulated area.

    (3) Spectator vessels desiring to transit the regulated area may do so only with prior approval of the Patrol Commander and when so directed by that officer will be operated at a minimum safe navigation speed in a manner which will not endanger participants in the regulated area or any other vessels.

    (4) No spectator vessel shall anchor, block, loiter, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel.

    (5) Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event.

    (6) The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.

    (7) The COTP or a designated representative may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property.

    (8) The COTP or a designated representative will terminate enforcement of the special local regulations at the conclusion of the event.

    (d) Informational broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of the enforcement period for the temporary safety zone as well as any changes in the planned schedule

    Dated: February 26, 2018. M.R. McLellan, Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
    [FR Doc. 2018-04503 Filed 3-5-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0029] RIN 1625-AA00 Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MD AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a temporary safety zone for certain waters of the Patapsco River. This action is necessary to provide for the safety of life on the navigable waters of the Inner Harbor at Baltimore, MD, during a fireworks display on April 21, 2018. If necessary, due to inclement weather, the event will be rescheduled to April 22, 2018. This action will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before April 5, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2018-0029 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis

    On December 15, 2017, the Baltimore Office of Promotion and The Arts notified the Coast Guard that it will be conducting a fireworks display from 11:59 p.m. on April 21, 2018, to 12:06 a.m. on April 22, 2018, or if necessary, due to inclement weather, from 11:59 p.m. on April 22, 2018 to 12:06 a.m. on April 23, 2018. Final details of the event were received by the Coast Guard on January 30, 2018. The public fireworks display will be conducted by Fireworks by Grucci, Inc., and launched from five floating platforms located within the waters of Inner Harbor Baltimore, between Inner Harbor Pier 3 and Inner Harbor Pier 5 in Baltimore, MD. Hazards from firework displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The COTP has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within 75 yards of each of the five fireworks discharge sites.

    The purpose of this rulemaking is to ensure the safety of persons and vessels on the navigable waters of the Inner Harbor before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

    III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 11 p.m. on April 21, 2018, until 1 a.m. on April 22, 2018, or if necessary, due to inclement weather, from 11 p.m. on April 22, 2018, until 1 a.m. on April 23, 2018. The safety zone will cover all navigable waters of the Patapsco River, Inner Harbor, from shoreline to shoreline, within an area bounded on the east by longitude 076°36′12″ W, and bounded on the west by the Inner Harbor west bulkhead, located at Baltimore, MD. The duration of the zone is intended to ensure the safety of persons and vessels on the specified navigable waters before, during, and after the scheduled 11:59 p.m. fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Although this safety zone would restrict the entire width of the waterway, it would impact a small designated area of the Inner Harbor for two hours during the evening when vessel traffic is normally low. The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16 to provide information about the safety zone.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities.

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

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting two hours that would prohibit vessel movement within the Inner Harbor at Baltimore, MD. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice.

    Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T05-0029 to read as follows:
    § 165.T05-0029 Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MD.

    (a) Definitions. As used in this section:

    (1) Captain of the Port Maryland-National Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region.

    (2) Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcement of the safety zone described in paragraph (a) of this section.

    (b) Location. The following area is a safety zone: All navigable waters of the Patapsco River, Inner Harbor, from shoreline to shoreline, within an area bounded on the east by longitude 076°36′12″ W, and bounded on the west by the Inner Harbor west bulkhead, located at Baltimore, MD. All coordinates refer to datum NAD 1983.

    (c) Regulations. The general safety zone regulations found in 33 CFR part 165, subpart C apply to the safety zone created by this section.

    (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23.

    (2) Entry into or remaining in this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Maryland-National Capital Region. All vessels underway within this safety zone at the time it is implemented are to depart the zone.

    (3) Persons desiring to transit the area of the safety zone shall obtain authorization from the Captain of the Port Maryland-National Capital Region or designated representative. To request permission to transit the area, the Captain of the Port Maryland-National Capital Region and or designated representatives can be contacted at telephone number 410-576-2693 or on marine band radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on marine band radio VHF-FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted to enter the safety zone, all persons and vessels shall comply with the instructions of the Captain of the Port Maryland-National Capital Region or designated representative and proceed as directed while within the zone.

    (4) Enforcement officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies.

    (d) Enforcement period. This section will be enforced from 11 p.m. on April 21, 2018, until 1 a.m. on April 22, 2018, or if necessary, due to inclement weather, from 11 p.m. on April 22, 2018, until 1 a.m. on April 23, 2018.

    Dated: February 22, 2018. Lonnie P. Harrison, Jr., Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region.
    [FR Doc. 2018-04487 Filed 3-5-18; 8:45 am] BILLING CODE 9110-04-P
    PRESIDIO TRUST 36 CFR Parts 1007, 1008, 1009, and 1011 RIN 3212-AA08; 3212-AA09; 3212-AA10; 3212-AA11 Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt Collection AGENCY:

    Presidio Trust.

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    The Presidio Trust (Trust) proposes revisions to its regulations addressing requests under the Freedom of Information Act (FOIA), requests under the Privacy Act, administrative claims under the Federal Tort Claims Act (FTCA), and Debt Collection. The Trust is revising these regulations to update and streamline the language of several procedural provisions, and to reflect amendments pursuant to the FOIA Improvement Act of 2016 and the Digital Accountability and Transparency Act of 2014.

    DATES:

    Written comments must be received by the Trust on or before April 24, 2018. Comments received by mail will be considered timely if they are postmarked on or before that date.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Email: [email protected]. Include “Proposed Rule” in the subject line of the message.

    Mail: Steve Carp, Legal Analyst, Presidio Trust, 103 Montgomery Street, P.O. Box 29052, San Francisco, CA 94129-0052.

    Hand Delivery/Courier: Steve Carp, Legal Analyst, Presidio Trust, 103 Montgomery Street, San Francisco, CA 94129-0052.

    FOR FURTHER INFORMATION CONTACT:

    Steve Carp, Legal Analyst, 415.561.5300, [email protected].

    SUPPLEMENTARY INFORMATION: Background

    Section 104(j) of the Presidio Trust Act (16 U.S.C. 460bb appendix) authorizes the Trust to prescribe regulations governing the manner in which it conducts its business and exercises its powers. This rulemaking revises the Trust's administrative regulations at 36 CFR part 1007 (FOIA), part 1008 (Privacy Act), part 1009 (FTCA), and part 1011 (Debt Collection), as described below. In addition, the Trust has made minor ministerial changes and corrected typographical errors to these parts of its regulations.

    Proposed Revisions to 36 CFR Part 1007 (Requests Under the FOIA)

    The Trust adopted FOIA regulations effective January 29, 1999. The FOIA Improvement Act of 2016 (Act) amended the FOIA on June 30, 2016. Those FOIA amendments require federal agencies to review and update their FOIA regulations in accordance with the provisions of the Act. The Trust proposes revisions to conform its regulations to the Act, as well as to the Department of Justice's revised FOIA regulations. Specifically, this rulemaking proposes revisions to § 1007.1 (Purpose and scope) by adding references to the text of FOIA and the Trust's Privacy Act regulations; § 1007.2 (Records available) by adopting a policy of presumption of openness and the “foreseeable harm” standard; § 1007.3 (Requests for records) by providing a requester an opportunity to consult with the Trust's FOIA Officer to perfect a request and adding procedures to verify the requester's identity; § 1007.4 (Preliminary processing of requests) by specifying the date used for searching, adding consultation and referral procedures for requests of records of other departments and agencies, and adding procedures to notify submitters and requesters of actions taken with respect to requests containing commercial or financial information; § 1007.5 (Action on initial requests) by specifying decisions that constitute adverse determinations of requests, adding procedures for notifying requesters of dispute resolution services, and adding types of requests that would qualify for expedited processing; § 1007.7 (Appeals) by changing the time period for requesters to file an administrative appeal from 20 working days to 90 calendar days and requiring an appeal of an adverse determination before seeking a court order; § 1007.8 (Action on appeals) by adding procedures for notifying requesters of dispute resolution services; and § 1007.9 (Fees) by adding definitions for the terms “direct costs” and “review.”

    The Trust also proposes revisions to § 1007.9 to update the fees charged by the Trust for processing FOIA requests. The Trust previously published its fees on December 2, 1998 in its Interim Compendium. Under the proposed revisions to § 1007.9, the Trust's Executive Director will set fees for processing these requests and will publish the fees on the Trust's website instead of the Interim Compendium. With these changes, the fees previously listed in § 1007.9 of the Interim Compendium will no longer be effective.

    Proposed Revisions to 36 CFR Part 1008 (Requests Under the Privacy Act)

    The Trust adopted Privacy Act regulations effective January 29, 1999. There has been little statutory change to the Privacy Act of 1974 since the Trust adopted its Privacy Act regulations. However, the Trust proposes revisions to conform its regulations to guidance issued by the Department of Justice and the Office of Management and Budget. Specifically, this rulemaking proposes revisions to § 1008.2 (Definitions) by changing the definition of “individual”; § 1008.9 (Disclosure of records) by adding procedures for notice of court-ordered and emergency disclosures; and §§ 1008.11 (Request for notification of existence of records: Submission), 1008.14 (Requests for access to records: Submission), and 1008.19 (Petitions for amendment: Submission and form) by adding procedures to verify the requester's identity.

    The Trust also proposes revisions to § 1008.15 (Requests for access to records: Initial decision) to update the fees charged by the Trust for processing Privacy Act requests. The Trust previously published its fees on December 2, 1998 in its Interim Compendium. Under the proposed revisions to § 1008.15, the Trust's Executive Director will set fees for processing these requests and will publish the fees on the Trust's website instead of the Interim Compendium. With these changes, the fees previously listed in § 1008.15 of the Interim Compendium will no longer be effective.

    Proposed Revisions to 36 CFR Part 1009 (Administrative Claims Under the FTCA)

    The Trust adopted FTCA regulations effective January 29, 1999. This rulemaking proposes revisions to § 1009.4 (Payment of claims) by adding procedures the Trust uses to pay FTCA claims from its proceeds or revenues.

    Proposed Revisions to 36 CFR Part 1011 (Debt Collection)

    The Trust adopted debt collection regulations effective January 12, 2006. The Digital Accountability and Transparency Act of 2014 amended federal debt collection law to require federal agencies to refer eligible delinquent debts to the Department of the Treasury for administrative offset after 120 days, rather than 180 days. This rulemaking proposes minor revisions to §§ 1011.4 (What notice will the Presidio Trust send to a debtor when collecting a debt?), 1011.9 (When will the Presidio Trust transfer a debt to the Financial Management Service for collection?), and 1011.10 (How will the Presidio Trust use administrative offset (offset of non-tax federal payments) to collect a debt?) to reflect this requirement.

    Regulatory Analysis of the Proposed Revisions Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. OIRA has determined that this rule is not significant. This rule:

    (1) Will not have an effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.

    (2) Will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The rule only affects management and operations of the Presidio Trust.

    (3) Does not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients.

    (4) Does raise novel legal or policy issues.

    Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The Executive Order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. The Trust has developed this proposed rule in a manner consistent with these requirements.

    Reducing Regulation and Controlling Regulatory Costs (Executive Order 13771)

    Executive Order 13771 requires an agency, unless prohibited by law, to identify at least two existing regulations to be repealed when the agency publicly proposes for notice and comment or otherwise promulgates a new regulation. In furtherance of this requirement, section 2(c) of the Executive Order requires that the new incremental costs associated with new regulations must, to the extent permitted by law, be offset by the elimination of existing costs associated with at least two prior regulations. The OMB's interim guidance issued on February 2, 2017 explains that the above requirements only apply to each new “significant regulatory action that imposes costs.” The OMB has determined that this proposed rule is only related to the Trust's organization and management and is not a “significant regulatory action that imposes costs.” Thus, this rule does not trigger the above requirements of Executive Order 13771.

    Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    This proposed rule will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act.

    Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

    This proposed rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more; (b) will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (c) does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.

    This rule relates to internal administrative procedures and management of government function. It does not regulate external entities, impose any costs on them, or eliminate any procedures or functions that would result in a loss of employment or income on the part of the private sector.

    Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

    This proposed rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. This rule does not have a significant or unique effect on State, local or tribal governments, or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act is not required. This rule produces no costs outside of the Federal government and does not create an additional burden on State, local, or tribal governments, or the private sector.

    Takings (Executive Order 12630)

    This proposed rule does not affect a taking of private property or otherwise have taking implications under Executive Order 12630. A takings implication assessment is not required.

    Federalism (Executive Order 13132)

    This proposed rule does not have sufficient federalism implications, as defined by section 1 of Executive Order 13132, to warrant the preparation of a federalism summary impact statement. This rule only affects use of Trust administered lands. It has no outside effects on other areas. A federalism summary impact statement is not required.

    Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive Order 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards.

    Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required.

    Consultation With Indian Tribes (Executive Order 13175)

    This proposed rule has no substantial direct effects on federally recognized Indian tribes. Consultation under the Department's tribal consultation policy is not required.

    Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This proposed rule does not contain new collections of information that require approval by the OMB under the Paperwork Reduction Act. The rule does not impose new recordkeeping or reporting requirements on State, tribal, or local governments; individuals; businesses; or organizations.

    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

    This proposed rule does not constitute a major Federal action significantly affecting the quality of the human environment under the National Environmental Policy Act (NEPA) and the Trust's NEPA regulations at 36 CFR 1010.16. It is a modification of existing Trust regulations in order to make them clearer, more complete, and consistent with current Federal statutory law. Moreover, a detailed statement under the NEPA is not required because the rule is covered by a categorical exclusion. The Trust has determined that the proposed rule is categorically excluded under 36 CFR 1010.7(a)(10)(i) as it is a revision of Trust regulations that does not increase public use to the extent of compromising the nature and character of the Presidio Area B or of causing significant physical damage to it. Further, the rule will not result in the introduction of non-compatible uses, which might compromise the nature and characteristics of the Presidio Area B or cause significant physical damage to it. Finally, the rule will not conflict with adjacent ownerships or land uses or cause a significant nuisance to adjacent owners or occupants. The Trust has also determined that the rule does not involve any of the extraordinary circumstances listed in 36 CFR 1010.7(b) that would require further analysis under the NEPA.

    Clarity of This Regulation

    The Trust is required by Executive Orders 12866 (section 1(b)(12)), 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule the Trust publishes must: (a) Be logically organized; (b) use the active voice to address readers directly; (c) use common, everyday words and clear language rather than jargon; (d) be divided into short sections and sentences; and (e) use lists and tables wherever possible.

    If you feel that the Trust has not met these requirements, send the Trust your comments by one of the methods listed in the ADDRESSES section. To better help the Trust revise the rule, your comments should be as specific as possible. For example, you should tell the Trust the numbers of the sections or paragraphs that you find unclear, which paragraphs or sentences are too long, the sections where you feel lists or tables would be useful, etc.

    Public Participation

    It is the policy of the Trust, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, interested persons may submit written comments regarding this proposed rule by following the instructions in the ADDRESSES section of this document.

    Public Availability of Comments

    Before including your address, phone number, email address, or other personal identifying information in your comment, be aware that your entire comment—including your personally identifiable information—may be made publicly available at any time. While you can ask in your comment to withhold your personal identifiable information from public view, the Trust cannot guarantee that it will be able to do so.

    List of Subjects 36 CFR Part 1007

    Administrative practice and procedure, Archives and records, Freedom of information, National parks, Natural resources, Public lands, Records, Recreation and recreation areas.

    36 CFR Part 1008

    Administrative practice and procedure, National parks, Natural resources, Personally identifiable information, Privacy, Public lands, Recreation and recreation areas.

    36 CFR Part 1009

    Administrative practice and procedure, Claims, National parks, Natural resources, Public lands, Recreation and recreation areas, Tort claims.

    36 CFR Part 1011

    Administrative practice and procedure, Claims, Credit, Debt collection, Government employees, National parks, Natural resources, Public lands, Recreation and recreation areas, Reporting and recordkeeping requirements, Wages.

    For the reasons set forth in the preamble, the Presidio Trust proposes to amend Chapter X of title 36 of the Code of Federal Regulations as follows:

    PART 1007—REQUESTS UNDER THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 1007 continues to read as follows: Authority:

    Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552; E.O. 12,600, 52 FR 23781, 3 CFR, 1988 Comp., p. 235.

    2. Revise § 1007.1 to read as follows:
    § 1007.1 Purpose and scope.

    (a) This part contains the procedures for submission to and consideration by the Presidio Trust of requests for records under the FOIA. As used in this part, the term “FOIA” means the Freedom of Information Act, 5 U.S.C. 552. The regulations in this part should be read in conjunction with the text of the FOIA. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed in accordance with the Presidio Trust's Privacy Act regulations as well as under this subpart.

    (b) Before invoking the formal procedures set out below, persons seeking records from the Presidio Trust may find it useful to consult with the Presidio Trust's FOIA Officer, who can be reached at The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, Telephone: 415.561.5300. As used in this part, the term “FOIA Officer” means the employee designated by the Executive Director to process FOIA requests and otherwise supervise the Presidio Trust's compliance with the FOIA, or the alternate employee so designated to perform these duties in the absence of the FOIA Officer.

    (c) The procedures in this part do not apply to:

    (1) Records published in the Federal Register, the Bylaws of the Presidio Trust, statements of policy and interpretations, and other materials that have been published by the Presidio Trust on its internet website (http://www.presidiotrust.gov) or are routinely made available for inspection and copying at the requester's expense.

    (2) Records or information compiled for law enforcement purposes and covered by the disclosure exemption described in § 1007.2(c)(7) if:

    (i) The investigation or proceeding involves a possible violation of criminal law; and

    (ii) There is reason to believe that:

    (A) The subject of the investigation or proceeding is not aware of its pendency; and

    (B) Disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings.

    (3) Informant records maintained by the United States Park Police under an informant's name or personal identifier, if requested by a third party according to the informant's name or personal identifier, unless the informant's status as an informant has been officially confirmed.

    3. Revise § 1007.2 to read as follows:
    § 1007.2 Records available.

    (a) Policy. It is the policy of the Presidio Trust to make its records available to the public to the greatest extent possible consistent with the purposes of the Presidio Trust Act and the FOIA. The Presidio Trust administers the FOIA with a presumption of openness. As a matter of policy, the Presidio Trust may make discretionary disclosures of records or information exempt from disclosure under the FOIA whenever disclosure would not foreseeably harm an interest protected by a FOIA exemption. This policy does not create any right enforceable in court.

    (b) Statutory disclosure requirement. The FOIA requires that the Presidio Trust, on a request from a member of the public submitted in accordance with the procedures in this part, make requested records available for inspection and copying.

    (c) Statutory exemptions. Exempted from the FOIA's statutory disclosure requirement are matters that are:

    (1)(i) Specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; and

    (ii) Are in fact properly classified pursuant to such Executive order.

    (2) Related solely to the internal personnel rules and practices of an agency;

    (3) Specifically exempted from disclosure by statute (other than the Privacy Act), provided that such statute:

    (i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or

    (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld.

    (4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

    (5) Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

    (6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

    (7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:

    (i) Could reasonably be expected to interfere with enforcement proceedings;

    (ii) Would deprive a person of a right to a fair or an impartial adjudication;

    (iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;

    (iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source;

    (v) Would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or

    (vi) Could reasonably be expected to endanger the life or physical safety of any individual.

    (8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

    (9) Geological and geophysical information and data, including maps, concerning wells.

    (d) Decisions on requests. It is the policy of the Presidio Trust to withhold information falling within an exemption only if:

    (1) Disclosure is prohibited by statute or Executive order; or

    (2) Sound grounds exist for invocation of the exemption.

    (e) Disclosure of reasonably segregable nonexempt material. If a requested record contains material covered by an exemption and material that is not exempt, and it is determined under the procedures in this part to withhold the exempt material, any reasonably segregable nonexempt material shall be separated from the exempt material and released. In such circumstances, the records disclosed in part shall be marked or annotated to show both the amount and the location of the information deleted wherever practicable.

    4. Revise § 1007.3 to read as follows:
    § 1007.3 Requests for records.

    (a) Submission of requests. A request to inspect or copy records shall be submitted to the Presidio Trust's FOIA Officer at P.O. Box 29052, San Francisco, CA 94129-0052.

    (b) Form of perfected requests. (1) Requests under this part shall be in writing and must specifically invoke the FOIA.

    (2) A request must reasonably describe the records requested. A request reasonably describes the records requested if it will enable an employee of the Presidio Trust familiar with the subject area of the request to locate the record with a reasonable amount of effort. If such information is available, the request should identify the subject matter of the record, the date when it was made, the place where it was made, the person or office that made it, the present custodian of the record, and any other information that will assist in locating the requested record. If the request involves a matter known by the requester to be in litigation, the request should also state the case name and court hearing the case. If after receiving a request the FOIA Officer determines that the request does not reasonably describe the records sought, the FOIA Officer will inform the requester what additional information is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with the FOIA Officer. If a request does not reasonably describe the records sought, the Presidio Trust's response to the request may be delayed or an adverse determination under § 1007.5(e).

    (3)(i) A perfected request shall:

    (A) Specify the fee category (commercial use, educational institution, noncommercial scientific institution, news media, or other, as defined in § 1007.9) in which the requester claims the request falls and the basis of this claim;

    (B) State the maximum amount of fees that the requester is willing to pay or include a request for a fee waiver; and

    (C) Provide contact information for the requester, such as phone number, email address and/or mailing address, to assist the Presidio Trust in communicating with them and providing released records.

    (ii) Requesters who make requests for records about themselves must verify their identity.

    (iii) Where a request for records pertains to another individual, a requester may receive greater access by submitting either a notarized authorization signed by that individual or a declaration made in compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of the records to the requester, or by submitting proof that the individual is deceased (e.g., a copy of a death certificate or an obituary). As an exercise of administrative discretion, the Presidio Trust may require a requester to supply additional information if necessary in order to verify that a particular individual has consented to disclosure.

    (iv) Requesters are advised that, under § 1007.9 (f), (g) and (h), the time for responding to requests may be delayed:

    (A) If a requester has not sufficiently identified the fee category applicable to the request;

    (B) If a requester has not stated a willingness to pay fees as high as anticipated by the Presidio Trust; or

    (C) If a fee waiver request is denied and the requester has not included an alternative statement of willingness to pay fees as high as anticipated by the Presidio Trust.

    (4) A request seeking a fee waiver shall, to the extent possible, address why the requester believes that the criteria for fee waivers set out in § 1007.10 are met.

    (5) To expedite processing, both the envelope containing a request and the face of the request should bear the legend “FREEDOM OF INFORMATION REQUEST.”

    (c) Creation of records. A request may seek only records that are in existence at the time the request is received. A request may not seek records that come into existence after the date on which it is received and may not require that new records be created in response to the request by, for example, combining or compiling selected items from manual files, preparing a new computer program, or calculating proportions, percentages, frequency distributions, trends or comparisons. In those instances where the Presidio Trust determines that creating a new record will be less burdensome than disclosing large volumes of unassembled material, the Presidio Trust may, in its discretion, agree to creation of a new record as an alternative to disclosing existing records.

    5. Revise § 1007.4 to read as follows:
    § 1007.4 Preliminary processing of requests.

    (a) Scope of requests. Unless a request clearly specifies otherwise, requests to the Presidio Trust may be presumed to seek only records of the Presidio Trust in possession of the Presidio Trust at the time the Presidio Trust begins it search. If any other date is used, the Presidio Trust will inform the requester of that date. A record that is excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c) is not considered responsive to a request.

    (b) Records of other departments and agencies. (1) When reviewing records in response to a request, the Presidio Trust will determine whether another Federal department or agency is better able to determine whether the record is exempt from disclosure under the FOIA. As to any such record, the Presidio Trust will proceed in one of the following ways:

    (i) Consultation. When records originating with the Presidio Trust, but contain within them information of interest to another Federal department or agency, the Presidio Trust will consult with that other entity prior to making a release determination; or

    (ii) Referral. (A) When the Presidio Trust believes that another department or agency is best able to determine whether to disclose the record, the Presidio Trust will refer the responsibility for responding to the request regarding the record to that department or agency. Ordinarily, the department or agency that originated the record is presumed to be the best entity to make the disclosure determination. However, if the Presidio Trust and the originating department or agency jointly agree that the Presidio Trust is in the best position to respond to the request, then the record may be handled as a consultation.

    (B) If the Presidio Trust refers any part of the responsibility for responding to a request to another department or agency, the Presidio Trust will document the referral, maintain a copy of the record that it refers, and notify the requester of the referral, informing the requester of the name(s) of the department or agency to which the record was referred, including that entity's FOIA contact information.

    (2) Timing of responses to consultations and referrals. All consultations and referrals received by the Presidio Trust will be handled according to the date that the Presidio Trust received the perfected FOIA request.

    (3) A request for documents that were classified by another agency shall be referred to that agency.

    (c) Consultation with submitters of commercial and financial information. (1) If a request seeks a record containing trade secrets or commercial or financial information submitted by a person outside of the Federal government, the Presidio Trust shall provide the submitter with notice of the request whenever:

    (i) The submitter has made a good faith designation of the information as commercially or financially sensitive; or

    (ii) The Presidio Trust has reason to believe that disclosure of the information may result in commercial or financial injury to the submitter.

    (2) Where notification of a voluminous number of submitters is required, such notification may be accomplished by posting or publishing the notice in a place reasonably calculated to accomplish notification.

    (3) The notice to the submitter shall afford the submitter a reasonable period within which to provide a detailed statement of any objection to disclosure. The submitter's statement shall explain the basis on which the information is claimed to be exempt under the FOIA, including a specification of any claim of competitive or other business harm that would result from disclosure. The statement shall also include a certification that the information is confidential, has not been disclosed to the public by the submitter, and is not routinely available to the public from other sources.

    (4) A submitter who fails to respond within the time period specified in the notice will be deemed to have no objection to disclosure of the information. The Presidio Trust shall not be required to consider any information received from the submitter after the date of any disclosure decision. Any information provided by a submitter under this subpart may itself be subject to disclosure under the FOIA.

    (5) The Presidio Trust will notify the requester whenever it provides the submitter with notice and an opportunity to object to disclosure; whenever it notifies the submitter of its intent to disclose the requested information; and whenever a submitter files a lawsuit to prevent the disclosure of the information.

    (6) If a submitter's statement cannot be obtained within the time limit for processing the request under § 1007.6, the requester shall be notified of the delay as provided in § 1007.6(f).

    (7) Notification to a submitter is not required if:

    (i) The Presidio Trust determines, prior to giving notice, that the request for the record should be denied;

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

    (iii) Disclosure is required by a statute (other than the FOIA) or regulation (other than this part);

    (iv) Disclosure is clearly prohibited by a statute, as described in § 1007.2(c)(3);

    (v) The information was not designated by the submitter as confidential when it was submitted, or a reasonable time thereafter, if the submitter was specifically afforded an opportunity to make such a designation; however, a submitter will be notified of a request for information that was not designated as confidential at the time of submission, or a reasonable time thereafter, if there is substantial reason to believe that disclosure of the information would result in competitive harm;

    (vi) The designation of confidentiality made by the submitter is obviously frivolous; or

    (vii) The information was submitted to the Presidio Trust more than ten years prior to the date of the request, unless the Presidio Trust has reason to believe that it continues to be confidential.

    (8) If a requester brings suit to compel disclosure of information, the submitter of the information will be promptly notified.

    6. Revise § 1007.5 to read as follows:
    § 1007.5 Action on initial requests.

    (a) Authority. (1) Requests shall be decided by the FOIA Officer.

    (2) A decision to withhold a requested record, to release a record that is exempt from disclosure, or to deny a fee waiver shall be made only after consultation with the General Counsel.

    (b) Acknowledgement of requests. (1) The Presidio Trust shall send the requester a written acknowledgement of the receipt of the request, provide the requester with an individualized tracking number, and provide the requester with contact information for the FOIA Officer.

    (2) Requesters must include the individualized tracking number in all communications with the Presidio Trust regarding the request.

    (c) Estimated dates of completion and interim responses. Upon request, the Presidio Trust will provide an estimated date by which the Presidio Trust expects to provide a response to the requester. If a request involves a voluminous amount of material, or searches in multiple locations, the Presidio Trust may provide interim responses, releasing records on a rolling basis.

    (d) Form of grant. (1) When a requested record has been determined to be available, the FOIA Officer shall notify the requester as to when and where the record is available for inspection or, as the case may be, when and how copies will be provided. If fees are due, the FOIA Officer shall state the amount of fees due and the procedures for payment, as described in § 1007.9.

    (2) The FOIA Officer shall honor a requester's specified preference of form or format of disclosure (e.g., paper, microform, audiovisual materials, or electronic records) if the record is readily available to the Presidio Trust in the requested form or format or if the record is reproducible by the Presidio Trust with reasonable efforts in the requested form or format.

    (3) If a requested record (or portion thereof) is being made available over the objections of a submitter made in accordance with § 1007.4(c), both the requester and the submitter shall be notified of the decision. The notice to the submitter (a copy of which shall be made available to the requester) shall be forwarded a reasonable number of days prior to the date on which disclosure is to be made and shall include:

    (i) A statement of the reasons why the submitter's objections were not sustained;

    (ii) A specification of the portions of the record to be disclosed, if the submitter's objections were sustained in part; and

    (iii) A specified disclosure date.

    (4) If a claim of confidentiality has been found frivolous in accordance with § 1007.4(c)(7)(vi) and a determination is made to release the information without consultation with the submitter, the submitter of the information shall be notified of the decision and the reasons therefor a reasonable number of days prior to the date on which disclosure is to be made.

    (e) Adverse determinations of requests. Adverse determinations, or denials of requests, include decisions that:

    (1) The requester has not submitted a perfected request;

    (2) The requested record is exempt, in whole or in part;

    (3) The request does not reasonably describe the records sought;

    (4) The information is not a record subject to the FOIA;

    (5) The requested record does not exist, cannot be located, or has been destroyed; or

    (6) The requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waivers or denials of requests for expedited processing.

    (f) Form of denial. (1) A decision withholding a requested record shall be in writing and shall include:

    (i) A listing of the names and titles or positions of each person responsible for the denial;

    (ii) A reference to the specific exemption or exemptions authorizing the withholding;

    (iii) If neither a statute nor an Executive order requires withholding, the sound ground for withholding;

    (iv) An estimate of the volume of records or information withheld, in number of pages or in some other reasonable form of estimation. This estimate does not need to be provided if the volume is otherwise indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption;

    (v) A statement that the denial may be appealed and a reference to the procedures in § 1007.7 for appeal; and

    (vi) A statement notifying the requester of the dispute resolution services offered by the Office of Government Information Services.

    (2) A decision denying a request for failure to reasonably describe requested records or for other procedural deficiency or because requested records cannot be located shall be in writing and shall include:

    (i) A description of the basis of the decision;

    (ii) A list of the names and titles or positions of each person responsible;

    (iii) A statement that the matter may be appealed and a reference to the procedures in § 1007.7 for appeal; and

    (iv) A statement notifying the requester of the dispute resolution services offered by the Office of Government Information Services.

    (g) Expedited processing. (1) Requests and appeals will be taken out of order and given expedited treatment whenever it is determined by the FOIA Officer that they involve:

    (i) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;

    (ii) An urgency to inform the public about an actual or alleged Federal government activity, if made by a person primarily engaged in disseminating information;

    (iii) The loss of substantial due process rights; or

    (iv) A matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity that affect public confidence.

    (2) A request for expedited processing may be made at the time of the initial request for records or at any later time.

    (3) A requester who seeks expedited processing must submit a statement, certified to be true and correct to the best of that person's knowledge and belief, explaining in detail the basis for requesting expedited processing.

    (4) Within ten calendar days of receiving of a request for expedited processing, the FOIA Officer shall decide whether to grant the request for expedited processing and shall notify the requester of the decision. If a request for expedited processing is granted, the underlying FOIA request shall be given priority and shall be processed as soon as practicable. If a request for expedited processing is denied, any appeal of that decision shall be acted on expeditiously.

    7. Revise § 1007.6 to read as follows:
    § 1007.6 Time limits for processing initial requests.

    (a) Basic limit. Requests for records shall be processed promptly. A determination whether to grant or deny a request shall be made within 20 working days after receipt of a request. This determination shall be communicated immediately to the requester.

    (b) Running of basic time limit. (1) The 20 working day time limit begins to run when a perfected request meeting the requirements of § 1007.3(b) is received at the Presidio Trust.

    (2) The running of the basic time limit may be delayed or tolled as explained in § 1007.9 (f), (g) and (h) if a requester:

    (i) Has not stated a willingness to pay fees as high as are anticipated and has not sought and been granted a full fee waiver; or

    (ii) Has not made a required advance payment.

    (c) Extensions of time. In the following unusual circumstances, the time limit for acting on an initial request may be extended to the extent reasonably necessary to the proper processing of the request, but in no case may the time limit be extended by more than 20 working days:

    (1) The need to search for and collect the requested records from facilities or other establishments that are separate from the main office of the Presidio Trust;

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

    (3) The need for consultation, which shall be conducted with all practicable speed, with another department or agency having a substantial interest in the determination of the request.

    (d) Notice of extension. A requester shall be notified in writing of an extension under paragraph (c) of this section. The notice shall state the reason for the extension and the date on which a determination on the request is expected to be made.

    (e) Treatment of delay as denial. If no determination has been reached at the end of the 20 working day period for deciding an initial request, or an extension thereof under § 1007.6(c), the requester may deem the request denied and may exercise a right of appeal in accordance with § 1007.7.

    (f) Notice of delay. When a determination cannot be reached within the time limit, or extension thereof, the requester shall be notified of the reason for the delay, of the date on which a determination may be expected, and of the right to treat the delay as a denial for purposes of appeal, including a reference to the procedures for filing an appeal in § 1007.7.

    8. Revise § 1007.7 to read as follows:
    § 1007.7 Appeals.

    (a) Right of appeal. A requester may appeal to the Executive Director when:

    (1) Records have been withheld;

    (2) A request has been denied for failure to describe requested records or for other procedural deficiency or because requested records cannot be located;

    (3) A fee waiver has been denied;

    (4) A request has not been decided within the time limits provided in § 1007.6; or

    (5) A request for expedited processing under § 1007.5(g) has been denied.

    (b) Time for appeal. An appeal must be received at the office of the Presidio Trust no later than 90 calendar days after the date of the initial denial, in the case of a denial of an entire request, or 90 calendar days after records have been made available, in the case of a partial denial.

    (c) Form of appeal. (1) An appeal shall be initiated by filing a written notice of appeal. The notice shall be accompanied by copies of the original request and the initial denial and should, in order to expedite the appellate process and give the requester an opportunity to present his or her arguments, contain a brief statement of the reasons why the requester believes the initial denial to have been in error.

    (2) The appeal shall be addressed to the Executive Director, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.

    (3) To expedite processing, both the envelope containing a notice of appeal and the face of the notice should bear the legend “FREEDOM OF INFORMATION APPEAL.”

    (d) Appeal required. Before seeking review by a court of an adverse determination by the Presidio Trust, a requester must first submit a timely administrative appeal.

    9. Revise § 1007.8 to read as follows:
    § 1007.8 Action on appeals.

    (a) Authority. Appeals shall be decided by the Executive Director after consultation with the FOIA Officer and the General Counsel.

    (b) Time limit. A final determination shall be made within 20 working days after receipt of an appeal meeting the requirements of § 1007.7(c).

    (c) Extensions of time. (1) If the time limit for responding to the initial request for a record was not extended under the provisions of § 1007.6(c) or was extended for fewer than ten working days, the time for processing of the appeal may be extended to the extent reasonably necessary to the proper processing of the appeal, but in no event may the extension, when taken together with any extension made during processing of the initial request, result in an aggregate extension with respect to any one request of more than ten working days. The time for processing of an appeal may be extended only if one or more of the unusual circumstances listed in § 1007.6(c) requires an extension.

    (2) The appellant shall be advised in writing of the reasons for the extension and the date on which a final determination on the appeal is expected to be dispatched.

    (3) If no determination on the appeal has been reached at the end of the 20 working day period, or the extension thereof, the requester is deemed to have exhausted administrative remedies, giving rise to a right of review in the United States District Court for the Northern District of California, as specified in 5 U.S.C. 552(a)(4).

    (4) When no determination can be reached within the applicable time limit, the appeal will nevertheless continue to be processed. On expiration of the time limit, the requester shall be informed of the reason for the delay, of the date on which a determination may be reached to be dispatched, and of the right to seek judicial review.

    (5) An appeal ordinarily will not be adjudicated if the request becomes a matter of FOIA litigation.

    (d) Form of decision. (1) The final determination on an appeal shall be in writing and shall state the basis for the determination. If the determination is to release the requested records or portions thereof, the FOIA Officer shall immediately make the records available. If the determination upholds in whole or part the initial denial of a request for records, the determination shall advise the requester of the right to obtain judicial review in the U.S. District Court for the Northern District of California and shall set forth the names and titles or positions of each person responsible for the denial. The determination shall also inform the requester of the dispute resolution services offered by the Office of Government Information Services.

    (2) If a requested record (or portion thereof) is being made available over the objections of a submitter made in accordance with § 1007.4(c), the submitter shall be provided notice as described in § 1007.5(b)(3).

    10. Revise § 1007.9 to read as follows:
    § 1007.9 Fees.

    (a) Policy. (1) Unless waived pursuant to the provisions of § 1007.10, fees for responding to FOIA requests shall be charged in accordance with the provisions of this section and the current schedule of charges determined by the Executive Director and published on the Presidio Trust's website. Such charges shall be set at the level necessary to recoup the full allowable direct costs to the Presidio Trust.

    (2) Fees shall not be charged if the total amount chargeable does not exceed the costs of routine collection and processing of the fee. The Presidio Trust shall periodically determine the cost of routine collection and processing of a fee and publish such amount on its website.

    (3) Where there is a reasonable basis to conclude that a requester or group of requesters acting in concert has divided a request into a series of requests on a single subject or related subjects to avoid assessment of fees, the requests may be aggregated and fees charged accordingly.

    (4) Fees shall be charged to recover the full costs of providing such services as certifying that records are true copies or sending records by a method other than regular mail, when the Presidio Trust elects to provide such services.

    (5) The following definitions shall apply to this part:

    (i) A commercial use request is a request from or on behalf of a person who seeks information for a use or purpose that furthers the commercial, trade or profit interests of the requester or the person on whose behalf the request is made, which can include furthering those interests through litigation. The intended use of records may be determined on the basis of information submitted by a requester and from reasonable inferences based on the identity of the requester and any other available information.

    (ii) The term direct costs refers to those expenses the Presidio Trust incurs in searching for and duplicating (and, in the case of commercial use requests, reviewing) records in order to respond to a FOIA request. For example, direct costs include the salary of the employee performing the work (i.e., the basic rate of pay for the employee, plus 16 percent of that rate to cover benefits) and the cost of operating computers and other electronic equipment, such as photocopiers and scanners. Direct costs do not include overhead expenses such as the costs of space, and of heating or lighting a facility.

    (iii) The term duplication refers to the process of making a copy of a record necessary to respond to a FOIA request. Such copies can take the form of paper copy, microform, audio-visual materials, or machine-readable documentation (e.g., magnetic tape or disk), among others. The copy provided shall be in a form that is reasonably usable by requesters.

    (iv) An educational institution is a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research.

    (v) A noncommercial scientific institution is an institution that is not operated for commerce, trade or profit and that is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry.

    (vi) A representative of the news media is any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term “news” means information that is about current events or that is (or would be) of current interest to the public. Examples of news media entities include, but are not limited to, television or radio stations broadcasting to the public at large, and publishers of periodicals (but only in those instances when they can qualify as disseminators of “news”) who make their products available for purchase or subscription by the general public. As traditional methods of news delivery evolve (e.g., electronic dissemination of newspapers through telecommunications services), such alternative media would be included in this category. Free-lance journalists may be considered representatives of the news media if they demonstrate a solid basis for expecting publication through a news organization, even though not actually employed by it. A publication contract or past record of publication, or evidence of a specific free-lance assignment from a news organization may indicate a solid basis for expecting publication.

    (vii) The term review refers to the examination of a record located in response to a request in order to determine whether any portion of it is exempt from disclosure. Review time includes processing any record for disclosure, such as doing all that is necessary to prepare the record for disclosure, including the process of redacting the record and marking the appropriate exemptions. Review costs are properly charged even if a record ultimately is not disclosed. Review time also includes time spent both obtaining and considering any formal objection to disclosure under § 1007.4(c) made by a submitter of confidential commercial information, but it does not include time spent resolving general legal or policy issues regarding the application of exemptions.

    (viii) The term search includes all time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material within documents, databases and information in other electronic records. Searches shall be undertaken in the most efficient and least expensive manner possible, consistent with the Presidio Trust's obligations under the FOIA and other applicable laws.

    (b) Commercial use requests. (1) A requester seeking records for commercial use shall be charged fees for direct costs incurred in document search and review (even if the search and review fails to locate records that are not exempt from disclosure) and duplication.

    (2) A commercial use requester may not be charged fees for time spent resolving legal and policy issues affecting access to requested records.

    (c) Educational and noncommercial scientific institution requests. (1) A requester seeking records under the auspices of an educational institution in furtherance of scholarly research or a noncommercial scientific institution in furtherance of scientific research shall be charged for document duplication, except that the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge.

    (2) Such requesters may not be charged fees for costs incurred in:

    (i) Searching for requested records;

    (ii) Examining requested records to determine whether they are exempt from mandatory disclosure;

    (iii) Deleting reasonably segregable exempt matter;

    (iv) Monitoring the requester's inspection of agency records; or

    (v) Resolving legal and policy issues affecting access to requested records.

    (d) News media requests. (1) A representative of the news media shall be charged for document duplication, except that the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge.

    (2) Representatives of the news media may not be charged fees for costs incurred in:

    (i) Searching for requested records;

    (ii) Examining requested records to determine whether they are exempt from mandatory disclosure;

    (iii) Deleting reasonably segregable exempt matter;

    (iv) Monitoring the requester's inspection of agency records; or

    (v) Resolving legal and policy issues affecting access to requested records.

    (e) Other requests. (1) A requester not covered by paragraphs (b), (c), or (d) of this section shall be charged fees for the direct costs for document search (even if the search fails to locate records that are not exempt from disclosure) and duplication, except that the first two hours of search time and the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge.

    (2) Such requesters may not be charged for costs incurred in:

    (i) Examining requested records to determine whether they are exempt from disclosure;

    (ii) Deleting reasonably segregable exempt matter;

    (iii) Monitoring the requester's inspection of agency records; or

    (iv) Resolving legal and policy issues affecting access to requested records.

    (f) Requests for clarification. Where a request does not provide sufficient information to determine whether it is covered by paragraph (b), (c), (d), or (e) of this section, the requester should be asked to provide additional clarification. If it is necessary to seek such clarification, the request may be deemed to have not been received for purposes of the time limits established in § 1007.6 until the clarification is received. Requests to requesters for clarification shall be made promptly.

    (g) Notice of anticipated fees. Where a request does not state a willingness to pay fees as high as anticipated by the Presidio Trust, and the requester has not sought and been granted a full waiver of fees under § 1007.10, the request may be deemed to have not been received for purposes of the time limits established in § 1007.6 until the requester has been notified of and agrees to pay the anticipated fee. Advice to requesters with respect to anticipated fees shall be provided promptly.

    (h) Advance payment. (1) Where it is anticipated that allowable fees are likely to exceed $250.00, the requester may be required to make an advance payment of the entire fee before processing of his or her request.

    (2) Where a requester has previously failed to pay a fee within 30 days of the date of billing, processing of any request from that requester shall ordinarily be suspended until the requester pays any amount still owed, including applicable interest, and makes advance payment of allowable fees anticipated in connection with the request.

    (3) Advance payment of fees may not be required except as described in paragraphs (h) (1) and (2) of this section.

    (4) Issuance of a notice requiring payment of overdue fees or advance payment shall toll the time limit in § 1007.6 until receipt of payment.

    (i) Form of payment. Payment of fees should be made by check or money order payable to the Presidio Trust. Where appropriate, the official responsible for handling a request may require that payment by check be made in the form of a certified check.

    (j) Billing procedures. A bill for collection shall be prepared for each request that requires collection of fees.

    (k) Collection of fees. The bill for collection or an accompanying letter to the requester shall include a statement that interest will be charged in accordance with the Debt Collection Act of 1982, 31 U.S.C. 3717, and implementing regulations, 4 CFR 102.13, if the fees are not paid within 30 days of the date of the bill for collection is mailed or hand-delivered to the requester. This requirement does not apply if the requester is a unit of State or local government. Other authorities of the Debt Collection Act of 1982 shall be used, as appropriate, to collect the fees.

    PART 1008—REQUESTS UNDER THE PRIVACY ACT 11. The authority citation for part 1008 continues to read as follows: Authority:

    Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

    12. Amend § 1008.2 to revise the definition of individual in alphabetical order to read as follows:
    § 1008.2 Definitions.

    Individual means a citizen of the United States or an alien who is currently lawfully admitted for permanent residence.

    13. Revise § 1008.9 to read as follows:
    § 1008.9 Disclosure of records.

    (a) Prohibition of disclosure. No record contained in a system of records may be disclosed by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.

    (b) General exceptions. The prohibition contained in paragraph (a) of this section does not apply where disclosure of the record would be:

    (1) To those officers or employees of the Presidio Trust who have a need for the record in the performance of their duties; or

    (2) Required by the Freedom of Information Act, 5 U.S.C. 552.

    (c) Specific exceptions. The prohibition contained in paragraph (a) of this section does not apply where disclosure of the record would be:

    (1) For a routine use which has been described in a system notice published in the Federal Register;

    (2) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of Title 13, U.S. Code.

    (3) To a recipient who has provided the system manager responsible for the system in which the record is maintained with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

    (4) To the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value;

    (5) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Presidio Trust specifying the particular portion desired and the law enforcement activity for which the record is sought;

    (6) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

    (7) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;

    (8) To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office;

    (9) Pursuant to the order of a court of competent jurisdiction; or

    (10) To a consumer reporting agency in accordance with section 3(d) of the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711(e)).

    (d) Reviewing records prior to disclosure. (1) Prior to any disclosure of a record about an individual, unless disclosure is required by the Freedom of Information Act, reasonable efforts shall be made to ensure that the records are accurate, complete, timely and relevant for agency purposes.

    (2) When a record is disclosed in connection with a Freedom of Information Act request made under this part and it is appropriate and administratively feasible to do so, the requester shall be informed of any information known to the Presidio Trust indicating that the record may not be fully accurate, complete, or timely.

    (e) Notice of court-ordered and emergency disclosures. (1) Court-ordered disclosures. When a record pertaining to an individual is required to be disclosed by a court order, the Presidio Trust will make reasonable efforts to provide notice of this to the individual. Notice will be given within a reasonable time after the Presidio Trust's receipt of the order—except that in a case in which the order is not a matter of public record, the notice will be given only after the order becomes public. This notice will be mailed to the individual's last known address and will contain a copy of the order and a description of the information disclosed. Notice will not be given if disclosure is made from a criminal law enforcement system of records that has been exempted from the notice requirement.

    (2) Emergency disclosures. Upon disclosing a record pertaining to an individual made under compelling circumstances affecting health or safety, the Presidio Trust will notify that individual of the disclosure. This notice will be mailed to the individual's last known address and will state the nature of the information disclosed, the person, organization or agency to which it was disclosed, the date of the disclosure, and the compelling circumstances justifying the disclosure.

    14. Revise § 1008.10 to read as follows:
    § 1008.10 Accounting for disclosures.

    (a) Maintenance of an accounting. (1) Where a record is disclosed to any person, or to another agency, under any of the specific exceptions provided by § 1008.9(c), an accounting shall be made.

    (2) The accounting shall record:

    (i) The date, nature, and purpose of each disclosure of a record to any person or to another agency; and

    (ii) The name and address of the person or agency to whom the disclosure was made.

    (3) Accountings prepared under this section shall be maintained for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made.

    (b) Access to accountings. (1) Except for accountings of disclosures made under § 1008.9(b) or 1008.9(c)(5), accountings of all disclosures of a record shall be made available to the individual to whom the record relates at the individual's request.

    (2) An individual desiring access to an accounting of disclosures of a record pertaining to the individual shall submit a request by following the procedures of § 1008.13.

    (c) Notification of disclosure. When a record is disclosed pursuant to § 1008.9(c)(9) as the result of the order of a court of competent jurisdiction, reasonable efforts shall be made to notify the individual to whom the record pertains as soon as the order becomes a matter of public record.

    15. Revise § 1008.11 to read as follows:
    § 1008.11 Request for notification of existence of records: Submission.

    (a) Submission of requests. (1) Individuals desiring to determine under the Privacy Act whether a system of records contains records pertaining to them shall address inquiries to the Privacy Act Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, unless the system notice describing the system prescribes or permits submission to some other official or officials.

    (2) Individuals desiring to determine whether records pertaining to them are maintained in two or more systems shall make a separate inquiry concerning each system.

    (b) Form of request. (1) An inquiry to determine whether a system of records contains records pertaining to an individual shall be in writing.

    (2) To expedite processing, both the envelope containing a request and the face of the request should bear the legend “PRIVACY ACT INQUIRY.”

    (3) The request shall state that the individual is seeking information concerning records pertaining to him or herself and shall supply such additional identifying information, if any, as is called for in the system notice describing the system.

    (4) The request must include verification of the requester's identity, including the requester's full name, current address, and date and place of birth. The request must be signed by the requester, and the signature must be notarized or submitted under 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization.

    (5) If the request is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the requester must establish:

    (i) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at the requester's option, the Social Security number of the individual;

    (ii) The requester's identity, as required in paragraph 4 above of this section;

    (iii) That the requester is the parent or guardian of that individual, which the requester may prove by providing a copy of the individual's birth certificate showing the requester's parentage or by providing a court order establishing the requester's guardianship; and

    (iv) That the requester is acting on behalf of that individual in making the request.

    (6) Individuals who have reason to believe that information pertaining to them may be filed under a name other than the name they are currently using (e.g., maiden name), shall include such information in the request.

    16. Revise § 1008.14 to read as follows:
    § 1008.14 Requests for access to records: Submission.

    (a) Submission of requests. (1) Requests for access to records shall be submitted to the Privacy Act Officer unless the system notice describing the system prescribes or permits submission to some other official or officials.

    (2) Individuals desiring access to records maintained in two or more separate systems shall submit a separate request for access to the records in each system.

    (b) Form of request. (1) A request for access to records subject to the Privacy Act shall be in writing and addressed to Privacy Act Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.

    (2) To expedite processing, both the envelope containing a request and the face of the request should bear the legend “PRIVACY ACT REQUEST FOR ACCESS.”

    (3) Requesters shall specify whether they seek all of the records contained in the system which relate to them or only some portion thereof. If only a portion of the records which relate to the individual are sought, the request shall reasonably describe the specific record or records sought.

    (4) If the requester seeks to have copies of the requested records made, the request shall state the maximum amount of copying fees which the requester is willing to pay. A request which does not state the amount of fees the requester is willing to pay will be treated as a request to inspect the requested records. Requesters are further notified that under § 1008.15(d) the failure to state willingness to pay fees as high as are anticipated by the Presidio Trust will delay processing of a request.

    (5) The request shall supply such identifying information, if any, as is called for in the system notice describing the system.

    (6) The request must include verification of the requester's identity, including the requester's full name, current address, and date and place of birth. The request must be signed by the requester, and the signature must be notarized or submitted under 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization.

    (7) If the request is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the requester must establish:

    (i) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at the requester's option, the Social Security number of the individual;

    (ii) The requester's identity, as required in paragraph 6 above of this section;

    (iii) That the requester is the parent or guardian of that individual, which the requester may prove by providing a copy of the individual's birth certificate showing the requester's parentage or by providing a court order establishing the requester's guardianship; and

    (iv) That the requester is acting on behalf of that individual in making the request.

    (8) Requests failing to meet the requirements of this paragraph shall be returned to the requester with a written notice advising the requester of the deficiency in the request.

    17. Revise § 1008.15 to read as follows:
    § 1008.15 Requests for access to records: Initial decision.

    (a) Acknowledgements of requests. Upon receipt of a request, the Presidio Trust ordinarily will send an acknowledgement letter to the requester which will confirm the requester's agreement to pay fees and will provide an assigned request number for further reference.

    (b) Decisions on requests. A request made under this part for access to a record shall be granted promptly unless the record:

    (1) Was compiled in reasonable anticipation of a civil action or proceeding; or

    (2) Is contained in a system of records which has been excepted from the access provisions of the Privacy Act by rulemaking.

    (c) Authority to deny requests. A decision to deny a request for access under this part shall be made by the Privacy Act Officer in consultation with the General Counsel.

    (d) Form of decision. (1) No particular form is required for a decision granting access to a record. The decision shall, however, advise the individual requesting the record as to where and when the record is available for inspection or, as the case may be, where and when copies will be available. If fees are due under § 1008.15(e), the individual requesting the record shall also be notified of the amount of fees due or, if the exact amount has not been determined, the approximate amount of fees due.

    (2) A decision denying a request for access, in whole or part, shall be in writing and shall:

    (i) State the basis for denial of the request;

    (ii) Contain a statement that the denial may be appealed to the Executive Director pursuant to § 1008.16 by writing to the Executive Director, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052; and

    (iii) State that the appeal must be received by the foregoing official within 20 working days of the date of the decision.

    (3) If the decision denying a request for access involves records which fall under the jurisdiction of another agency, the individual shall be informed in a written response which shall:

    (i) State the reasons for the denial;

    (ii) Include the name, position title, and address of the official responsible for the denial; and

    (iii) Advise the individual that an appeal of the declination may be made only to the appropriate official of the relevant agency, and include that official's name, position title, and address.

    (4) Copies of decisions denying requests for access made pursuant to paragraphs (d)(2) and (d)(3) of this section will be provided to the Privacy Act Officer.

    (e) Fees. (1) No fees may be charged for the cost of searching for or reviewing a record in response to a request made under § 1008.14.

    (2) Unless the Privacy Act Officer determines that reduction or waiver of fees is appropriate, fees for copying a record in response to a request made under § 1008.14 shall be charged in accordance with the provisions of this section and the current schedule of charges determined by the Executive Director and published on the Trust's website. Such charges shall be set at the level necessary to recoup the full allowable direct costs to the Trust.

    (3) Where it is anticipated that fees chargeable in connection with a request will exceed the amount the person submitting the request has indicated a willingness to pay, the Privacy Act Officer shall notify the requester and shall not complete processing of the request until the requester has agreed, in writing, to pay fees as high as are anticipated.

    18. Revise § 1008.18 to read as follows:
    § 1008.18 Amendment of records.

    The Privacy Act permits individuals to request amendment of records pertaining to them contained in a system of records if they believe the records are not accurate, relevant, timely or complete. 5 U.S.C. 552a(d)(2). A request for amendment of a record shall be submitted in accordance with the procedures in this part.

    19. Revise § 1008.19 to read as follows:
    § 1008.19 Petitions for amendment: Submission and form.

    (a) Submission of petitions for amendment. (1) A request for amendment of a record shall be submitted to the Privacy Act Officer unless the system notice describing the system prescribes or permits submission to a different official or officials. If an individual wishes to request amendment of records located in more than one system, a separate petition must be submitted with respect to each system.

    (2) A petition for amendment of a record may be submitted only if the individual submitting the petition has previously requested and been granted access to the record and has inspected or been given a copy of the record.

    (b) Form of petition. (1) A petition for amendment shall be in writing, shall specifically identify the record for which amendment is sought, and shall be addressed to the Privacy Act Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.

    (2) To expedite processing, both the envelope containing a petition and the face of the petition should bear the legend “PRIVACY ACT PETITION FOR AMENDMENT.”

    (3) The petition shall state, in detail, the reasons why the petitioner believes the record, or the objectionable portion thereof, is not accurate, relevant, timely or complete. Copies of documents or evidence relied upon in support of these reasons shall be submitted with the petition.

    (4) The petition shall state, specifically and in detail, the changes sought in the record. If the changes involve rewriting the record or portions thereof or involve adding new language to the record, the petition shall propose specific language to implement the changes.

    (5) The petition must include verification of the petitioner's identity, including the petitioner's full name, current address, and date and place of birth. The petition must be signed by the petitioner, and the signature must be notarized or submitted under 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization.

    (6) If the petition is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the petitioner must establish:

    (i) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at the petitioner's option, the Social Security number of the individual;

    (ii) The petitioner's identity, as required in paragraph 5 above of this section;

    (iii) That the petitioner is the parent or guardian of that individual, which the petitioner may prove by providing a copy of the individual's birth certificate showing the petitioner's parentage or by providing a court order establishing the petitioner's guardianship; and

    (iv) That the petitioner is acting on behalf of that individual in making the request.

    (7) Petitions failing to meet the requirements of this paragraph shall be returned to the petitioner with a written notice advising the petitioner of the deficiency in the petition.

    PART 1009—ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT 20. The authority citation for part 1009 continues to read as follows: Authority:

    Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 28 U.S.C. 2672.

    21. Revise § 1009.1 to read as follows:
    § 1009.1 Purpose.

    The purpose of this part is to establish procedures for the filing and settlement of claims under the Federal Tort Claims Act (in part, 28 U.S.C. secs. 2401(b), 2671-2680, as amended). The officers to whom authority is delegated to settle tort claims shall follow and be guided by the regulations issued by the Attorney General prescribing standards and procedures for settlement of tort claims (28 CFR part 14).

    22. Revise § 1009.4 to read as follows:
    § 1009.4 Payment of claims.

    (a) In making an award from proceeds or revenues of the Presidio Trust, the Presidio Trust will process payment using an agreement signed by the claimant and the Executive Director, or his or her designee. In making an award from proceeds or revenues not provided for by the Presidio Trust, the Presidio Trust will process payment as prescribed by 28 CFR 14.10.

    (b) Prior to payment, appropriate releases shall be obtained as provided in 28 CFR 14.10.

    (c) Any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his or her designee.

    PART 1011—DEBT COLLECTION 23. The authority citation for part 1011 continues to read as follows: Authority:

    16 U.S.C. 460bb appendix, as amended.

    24. Revise § 1011.4(a)(7) to read as follows:
    § 1011.4 What notice will the Presidio Trust send to a debtor when collecting a debt?

    (a) * * *

    (7) The following timelines for the referral of a delinquent debt to the FMS:

    (i) That debts over 120 days delinquent and eligible for the centralized administrative offset collection actions described in paragraph (a)(6)(i) of this section must be referred to the FMS for collection (see §§ 1011.10 through 1011.12);

    (ii) That debts over 180 days delinquent not previously referred to the FMS under paragraph (i) of this section must be referred to the FMS for cross servicing debt collection (see § 1011.9).

    25. Revise § 1011.9(a) to read as follows:
    § 1011.9 When will the Presidio Trust transfer a debt to the Financial Management Service for collection?

    (a) Cross-servicing. Unless a delinquent debt has previously been transferred to the FMS for administrative offset in accordance with § 1011.10, the Presidio Trust will transfer any eligible debt that is more than 180 days delinquent to the FMS for debt collection services, a process known as “cross-servicing.” The Presidio Trust may transfer debts delinquent 180 days or less to the FMS in accordance with the procedures described in 31 CFR 285.12. The FMS takes appropriate action to collect or compromise the transferred debt, or to suspend or terminate collection action thereon, in accordance with the statutory and regulatory requirements and authorities applicable to the debt and the collection action to be taken. Appropriate action includes, without limitation, contact with the debtor, referral of the debt to the Treasury Offset Program, private collection agencies or the Department of Justice, reporting of the debt to credit bureaus, and administrative wage garnishment.

    26. Revise § 1011.10(a)(1) to read as follows:
    § 1011.10 How will the Presidio Trust use administrative offset (offset of non-tax federal payments) to collect a debt?

    (a) Centralized administrative offset through the Treasury Offset Program. (1) The Presidio Trust will refer any eligible debt over 120 days delinquent to the Treasury Offset Program for collection by centralized administrative offset. The Presidio Trust may refer any eligible debt less than 120 days delinquent to the Treasury Offset Program for offset.

    Dated: February 16, 2018. Nancy J. Koch, General Counsel.
    [FR Doc. 2018-03939 Filed 3-5-18; 8:45 am] BILLING CODE 4310-4R-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2017-0006; FRL-9973-27] Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of filing of petitions and request for comment.

    SUMMARY:

    This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

    DATES:

    Comments must be received on or before April 5, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number and the pesticide petition number (PP) of interest as shown in the body of this document, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (7511P), main telephone number: (703) 305-7090, email address: [email protected]; or Michael Goodis, Registration Division (7505P), main telephone number: (703) 305-7090, email address: [email protected] The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing address, include the contact person's name, division, and mail code. The division to contact is listed at the end of each pesticide petition summary.

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT for the division listed at the end of the pesticide petition summary of interest.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

    II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, requesting the establishment or modification of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. The Agency is taking public comment on the requests before responding to the petitioners. EPA is not proposing any particular action at this time. EPA has determined that the pesticide petitions described in this document contain the data or information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petitions. After considering the public comments, EPA intends to evaluate whether and what action may be warranted. Additional data may be needed before EPA can make a final determination on these pesticide petitions.

    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions that are the subject of this document, prepared by the petitioner, is included in a docket EPA has created for each rulemaking. The docket for each of the petitions is available at http://www.regulations.gov.

    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the petitions so that the public has an opportunity to comment on these requests for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petitions may be obtained through the petition summaries referenced in this unit.

    III. Amended Tolerances

    1. PP 7F8583. (EPA-HQ-OPP-2017-0448). Bayer Crop Science Division, 2 TW Alexander Drive, Durham, NC 27709, requests to amend the tolerance in 40 CFR 180.645 for residues of the herbicide thiencarbazone-methyl in or on wheat, forage at 0.15 parts per million (ppm). The high pressure liquid chromatography/triple stage quadrupole mass spectrometry (LC/MS/MS) is used to measure and evaluate the chemical thiencarbazone-methyl. Contact: RD.

    2. PP 7F8590. (EPA-HQ-OPP-2017-0744). Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish the tolerance in 40 CFR 180.507 for residues of the fungicide, azoxystrobin, in or on Beet, sugar, roots at 5.0 ppm and Vegetable, root, subgroup 1B at 0.5 ppm. The gas chromatography with nitrogen-phosphorus detection (GC-NPD) or in mobile phase by high performance liquid chromatography with ultra-violet detection (HPLC-UV) is used to measure and evaluate the chemical azoxystrobin. Contact: RD.

    3. PP 7F8590. (EPA-HQ-OPP-2017-0744). Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419, requests to amend the tolerances in 40 CFR 180.507 for residues of the fungicide, azoxystrobin by removing the tolerance on Vegetable, root, subgroup 1A at 0.5 ppm. The GC-NPD or in mobile phase by HPLC-UV detection is used to measure and evaluate the chemical azoxystrobin. Contact: RD.

    IV. New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 6F8535. (EPA-HQ-OPP-2017-0315). Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616 (on behalf of Lesaffre Yeast Corporation, 7475 W. Main St., Milwaukee, WI 53214), requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the systemic resistance inducer (SRI) Cerevisane (cell walls of Saccharomyces cerevisiae strain LAS117) in or on all food commodities. The petitioner believes no analytical method is needed because it is expected that, when used as proposed, Cerevisane (cell walls of Saccharomyces cerevisiae strain LAS117) would not result in residues that are of toxicological concern. Contact: BPPD.

    2. PP 7F8562. (EPA-HQ-OPP-2017-0593). Otsuka Pharmaceutical Co., Ltd., 2-9 Kanda-Tsukasamachi, Chiyoda-ku, Tokyo, 101-8535, Japan (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616), requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the bactericide bacteriophages active against Xylella fastidiosa in or on all food commodities. The petitioner believes no analytical method is needed because an exemption from the requirement of a tolerance is being proposed. Contact: BPPD.

    3. PP 7F8573. (EPA-HQ-OPP-2017-0702). OmniLytics, Inc., 9100 South 500 West, Sandy, UT 84070, requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the bactericide bacteriophage active against Erwinia amylovora in or on apple and pear. The petitioner believes no analytical method is needed because an exemption from the requirement of a tolerance is being proposed. Contact: BPPD.

    4. PP 7F8589. (EPA-HQ-OPP-2017-0722). Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616), requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the fungicide Clonostachys rosea strain ACM941 in or on all food commodities. The petitioner believes no analytical method is needed because an analytical method for residues is not applicable; it is expected that, when used as proposed, Clonostachys rosea strain ACM941 would not result in residues that are of toxicological concern. Contact: BPPD.

    5. PP 7F8594. (EPA-HQ-OPP-2017-0721). Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616), requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the fungicide Clonostachys rosea strain 88-710 in or on all food commodities. The petitioner believes no analytical method is needed because an analytical method for residues is not applicable; it is expected that, when used as proposed, Clonostachys rosea strain 88-710 would not result in residues that are of toxicological concern. Contact: BPPD.

    V. New Tolerances for Non-Inerts

    1. PP 7F8577. EPA-HQ-OPP-2017-0719. Sipcam Agro USA, 2525 Meridian Parkway, Suite 350, Durham, NC 27713, requests to establish a tolerance in 40 CFR part 180.275 for residues of the fungicide, chlorothalonil in or on sugarbeet roots at 0.5 ppm; sugarbeet, dried pulp at 0.05 ppm; sugarbeet, refined sugar at 0.05 ppm; sugarbeet, molasses at 0.05 ppm. The gas chromatography method is used to measure and evaluate the chemical chlorothalonil. Contact: RD.

    2. PP 7F8582. (EPA-HQ-OPP-2017-0417). FMC Corporation, 1735 Market Street, Philadelphia, PA 19103 requests to establish a tolerance in 40 CFR 180 for residues of the fungicide, valifenalate, in or on the raw agricultural commodity potato at 0.01 ppm; bulb vegetable crop group 3-07 at 0.40 ppm; celery at 5.0 ppm; cucurbit crop group 9 at 0.30 ppm; fruiting vegetable crop group 8-10 at 0.50 ppm; grape import tolerance at 5.0 ppm; and tomato-wet peel at 0.90 ppm. The LC/MS/MS method is used to measure and evaluate the chemical valifenalate (beta-Alanine, N-[(1-methylethoxy)carbonyl]-L-valyl-3-(4-chlorophenyl)-, methyl ester). Contact: RD.

    3. PP 7F8618. (EPA-HQ-OPP-2017-0673). Gowan Company, LLC, P.O. Box 556 Yuma, AZ 85364, requests to establish a tolerance in 40 CFR part 180 for residues of the insecticide fenazaquin, [3-[2-[4-(1,1-dimethylethyl) phenyl] ethoxy] quinazoline], in or on Alfalfa, forage, at 4.0 ppm; Alfalfa, hay, at 15 ppm; Avocado at 0.15 ppm; Beef, fat at 0.05 ppm; Bushberry, subgroup 13-07B at 0.8 ppm; Caneberry, subgroup 13-07A at 0.7 ppm; Corn, field, aspirated grain fractions at 3.0 ppm; Corn, field, forage at 7.0 ppm; Corn, field, grain at 0.09 ppm; Corn, field, refined oil at 0.2 ppm; Corn, field, stover at 40 ppm; Corn, sweet, forage at 9.0 ppm; Corn, sweet, grain at 0.03 ppm; Cotton, gin byproducts at 15.0 ppm; Cotton, undelinted seed at 0.4 ppm; Fruit, citrus group 10-10 at 0.4 ppm; Fruit, low growing berry subgroup 13-07G at 2.0 ppm; Fruit, pome group 11-10 at 0.4 ppm; Fruit, small fruit vine climbing, except fuzzy kiwifruit subgroup 13-07F at 0.7 ppm; Fruit, stone group 12-12 at 1.5 ppm; Grape, raisins at 0.8 ppm; Kidney at 0.01 ppm; Liver at 0.02 ppm; Milk at 0.01 ppm; Mint at 10.0 ppm; Pork, fat at 0.05 ppm; Sheep, fat at 0.05 ppm; Vegetables, cucurbit group 9 at 0.3 ppm; Vegetables, fruiting group 8-10 at 0.3 ppm; Vegetables, legumes, dried shelled pea and bean (except soybean) subgroup 6C at 0.3 ppm; Vegetables, legumes, edible-podded subgroup 6A at 0.4 ppm; and Vegetables, legumes, succulent shelled pea and bean subgroup 6B at 0.02 ppm. LC/MS/MS is used to measure and evaluate the chemical fenazaquin. Contact: RD.

    4. PP 7F8623. (EPA-HQ-OPP-2017-0653). Nippon Soda Co., Ltd c/o Nisso America, Inc., 88 Pine Street, 14th Floor, New York, NY 10005 requests to establish a tolerance in 40 CFR for residues of the fungicide picarbutrazox, in or on Crop Group 9, Cucurbit Vegetables at 0.20 ppm, Crop Subgroup 4-16A, Leafy Greens at 10 ppm, Corn, forage at 0.01 ppm, Corn, grain at 0.01 ppm, Corn, stover at 0.01 ppm, Corn, sweet, forage at 0.01 ppm, Corn, sweet, kernel plus cob with husks removed at 0.01 ppm, Corn, sweet, stover at 0.01 ppm, Popcorn, grain at 0.01 ppm, Soybean, forage at 0.01 ppm, Soybean, hay at 0.01 ppm and Soybean, seed at 0.01 ppm. The LC/MS/MS method is used to measure and evaluate the chemical picarbutrazox (tert-butyl (6-{[(Z)-(1-methyl-1H-5-tetrazolyl) (phenyl)methylene]aminooxymethyl}-2-pyridyl)carbamate) and its metabolite TZ-1E (IUPAC: tert-butyl (6-{[(E)-(1-methyl-1H-5-tetrazolyl) (phenyl)methylene]aminooxymethyl}-2-pyridyl) carbamate). Contact: RD.

    Authority:

    21 U.S.C. 346a.

    Dated: January 29, 2018. Hamaad A. Syed, Acting Director, Information Technology and Resources Management Division, Office of Pesticide Programs.
    [FR Doc. 2018-04522 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 9 [Docket ID: FEMA-2015-0006] RIN 1660-AA85 Updates to Floodplain Management and Protection of Wetlands Regulations To Implement Executive Order 13690 and the Federal Flood Risk Management Standard AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Proposed rule; withdrawal.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) withdraws a notice of proposed rulemaking (NPRM) that published on August 22, 2016. The NPRM proposed changes to FEMA's “Floodplain Management and Protection of Wetlands” regulations to implement Executive Order 13690, which established the Federal Flood Risk Management Standard (FFRMS). FEMA also withdraws the proposed supplementary policy (FEMA Policy: 078-3), which clarified how FEMA would apply the FFRMS. On August 15, 2017, the President issued Executive Order 13807, which revoked Executive Order 13690. Accordingly, the NPRM and supplementary policy are withdrawn.

    DATES:

    FEMA is withdrawing the proposed rule published August 22, 2016 (81 FR 57402) as of March 6, 2018.

    ADDRESSES:

    The docket for this withdrawn rulemaking is available on the internet at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Kristin Fontenot, Director, Office of Environmental Planning and Historic Preservation (OEHP), Federal Insurance and Mitigation Administration, DHS/FEMA, 400 C Street SW, Suite 313, Washington, DC 20472-3020. Phone: 202-646-2741; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On August 22, 2016, FEMA published an NPRM entitled “Updates to Floodplain Management and Protection of Wetlands Regulations To Implement Executive Order 13690 and the Federal Flood Risk Management Standard” in the Federal Register (81 FR 57402). This rulemaking proposed to revise FEMA's regulations on “Floodplain Management and Protection of Wetlands” to implement Executive Order 13690 (“Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input”), which amended Executive Order 11988 (“Floodplain Management”) and established the FFRMS. FEMA also proposed a supplementary policy entitled “FEMA Policy: Guidance for Implementing the Federal Flood Risk Management Standard (FFRMS)” (FEMA Policy 078-3), which would have further clarified how FEMA would apply the FFRMS. The notice of availability and request for comments for the supplementary policy also published in the August 22, 2016 Federal Register at 81 FR 56558.

    On August 15, 2017, the President issued Executive Order 13807 (“Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects”) which revoked Executive Order 13690. See 82 FR 40463, Aug. 24, 2017. Executive Order 13807 left in place Executive Order 11988, which provides for uniform floodplain management standards and procedures across the Executive Branch, and which is currently reflected in FEMA regulations. See 44 CFR part 9. Accordingly, in light of the revocation of Executive Order 13690, FEMA is withdrawing the NPRM and supplementary policy. FEMA will continue to seek more effective ways in its programs to assess and reduce the risk of current and future flooding and increase community resilience.

    Executive Order 13771

    The withdrawal of the NPRM qualifies as a deregulatory action under Executive Order 13771. See OMB's Memorandum titled “Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs' ” (April 5, 2017).

    Authority

    Executive Order 11988, Floodplain Management, as amended; 42 U.S.C. 5201 et seq.

    Dated: February 27, 2018. Brock Long, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2018-04495 Filed 3-5-18; 8:45 am] BILLING CODE 9111-66-P
    83 44 Tuesday, March 6, 2018 Notices DEPARTMENT OF AGRICULTURE Agricultural Research Service Notice of Intent To Grant Exclusive License AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Notice of intent.

    SUMMARY:

    Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Oklahoma State University of Stillwater, Oklahoma, an exclusive license to the variety of peanut described in Plant Variety Protection Certificate Number 201500363, “VENUS”, issued on June 27, 2017.

    DATES:

    Comments must be received on or before April 5, 2018.

    ADDRESSES:

    Send comments to: USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Rm. 4-1174, Beltsville, Maryland 20705-5131.

    FOR FURTHER INFORMATION CONTACT:

    Brian T. Nakanishi of the Office of Technology Transfer at the Beltsville address given above; telephone: 301-504-5989.

    SUPPLEMENTARY INFORMATION:

    The Federal Government's rights in this plant variety are assigned to the United States of America, as represented by the Secretary of Agriculture. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty (30) days from the date of this published Notice, the Agricultural Research Service receives written evidence and argument which establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.

    Mojdeh Bahar, Assistant Administrator.
    [FR Doc. 2018-04492 Filed 3-5-18; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Agricultural Research Service Notice of Intent To Grant Exclusive License AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Notice of intent.

    SUMMARY:

    Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Mississippi State University of Mississippi State, Mississippi, an exclusive license to the variety of blueberry described in U.S. Plant Patent Application Serial No. 15/731,025, “BLUEBERRY PLANT NAMED `GUMBO',” filed on April 7, 2017.

    DATES:

    Comments must be received on or before April 5, 2018.

    ADDRESSES:

    Send comments to: USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Rm. 4-1174, Beltsville, Maryland 20705-5131.

    FOR FURTHER INFORMATION CONTACT:

    Brian T. Nakanishi of the Office of Technology Transfer at the Beltsville address given above; telephone: 301-504-5989.

    SUPPLEMENTARY INFORMATION:

    The Federal Government's patent rights in this plant variety are assigned to the United States of America, as represented by the Secretary of Agriculture. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty (30) days from the date of this published Notice, the Agricultural Research Service receives written evidence and argument which establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.

    Mojdeh Bahar, Assistant Administrator.
    [FR Doc. 2018-04494 Filed 3-5-18; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Agricultural Research Service Notice of Intent To Grant Exclusive License AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Notice of intent.

    SUMMARY:

    Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Oklahoma State University of Stillwater, Oklahoma, an exclusive license to the variety of peanut described in Plant Variety Protection Certificate Number 201600156, “LARIAT”, issued on November 28, 2016.

    DATES:

    Comments must be received on or before April 5, 2018.

    ADDRESSES:

    Send comments to: USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Rm. 4-1174, Beltsville, Maryland 20705-5131.

    FOR FURTHER INFORMATION CONTACT:

    Brian T. Nakanishi of the Office of Technology Transfer at the Beltsville address given above; telephone: 301-504-5989.

    SUPPLEMENTARY INFORMATION:

    The Federal Government's rights in this plant variety are assigned to the United States of America, as represented by the Secretary of Agriculture. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty (30) days from the date of this published Notice, the Agricultural Research Service receives written evidence and argument which establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.

    Mojdeh Bahar, Assistant Administrator.
    [FR Doc. 2018-04493 Filed 3-5-18; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF COMMERCE Census Bureau Proposed Information Collection; Comment Request; Boundary and Annexation Survey AGENCY:

    U.S. Census Bureau, Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    To ensure consideration, written comments must be submitted on or before March 7, 2018.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, Washington, DC 20230 (or via the internet at [email protected]). You may also submit comments, identified by Docket Number USBC-2018-0002, to the Federal e-Rulemaking Portal: http://www.regulations.gov. All comments received are part of the public record. No comments will be posted to http://www.regulations.gov for public viewing until after the comment period has closed. Comments will generally be posted without change. All Personally Identifiable Information (for example, name and address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

    FOR FURTHER INFORMATION CONTACT:

    Direct requests for additional information or copies of the information collection instrument(s) and instructions to Robin A. Pennington, U.S. Census Bureau, 4600 Silver Hill Road, Washington, DC 20233 (or via the internet at [email protected]).

    SUPPLEMENTARY INFORMATION:

    I. Overview

    The Boundary and Annexation Survey (BAS) is one of many voluntary geographic partnership programs that collects boundaries to update the U.S. Census Bureau's geographic database of addresses, streets, and boundaries. The Census Bureau uses its geographic database to link demographic data from surveys and the decennial census to locations and areas, such as cities, school districts, and counties. In order to tabulate statistics by localities, the Census Bureau must have accurate addresses and boundaries.

    The boundaries collected during the BAS and other geographic programs become bounding features for census blocks, which are the building blocks for all Census Bureau geographic boundaries. While the Census Bureau's geographic programs differ in requirements, time frame, and participants, the BAS and other geographic programs all follow the same basic process:

    1. The Census Bureau invites eligible participants to the program. For the BAS, the Census Bureau invites legal governments.

    2. If they elect to participate in the program, participants receive a copy of the boundaries or addresses that the Census Bureau has on file. BAS participants can choose to review and update their boundaries using Geographic Update Partnership Software (GUPS)—which is a free customized mapping software—paper maps, or their own mapping software.

    3. Participants return their updates to the Census Bureau.

    4. The Census Bureau processes and verifies all submissions for accuracy, and updates its geographic database with boundary or address updates submitted by the participants.

    5. The Census Bureau uses the newly updated boundaries and addresses to tabulate statistics.

    II. Abstract

    The Census Bureau conducts the Boundary and Annexation Survey (BAS) to collect and maintain information about the inventory of legal boundaries and legal actions affecting the boundaries of:

    • Counties and equivalent entities.

    • Federally recognized American Indian and Alaska Native federal reservations and off-reservation trust lands.

    • Incorporated places.

    • Minor civil divisions (MCDs).

    • Tribal subdivisions.

    This information provides an accurate identification of geographic areas for the Census Bureau to use in conducting the decennial and economic censuses and ongoing surveys, preparing population estimates, and supporting other statistical programs of the Census Bureau and the legislative programs of the federal government.

    Through the BAS, the Census Bureau asks each government to review materials and verify the accuracy of the information the Census Bureau has on file or submit corrections. The Census Bureau also requests that if necessary, each government update the boundaries, supply information documenting each legal boundary change, and provide changes in the inventory of governments.

    The BAS allows the Census Bureau to collect accurate boundaries for legal areas, which improves the accuracy of the statistics the Census Bureau tabulates. The Census Bureau uses the BAS results to support a number of programs, including congressional and state legislative redistricting, the decennial census and related preparatory tests, the economic census, and the Special Census Program. The American Community Survey and Population Estimates Program use the legal boundaries updated through the BAS to disseminate survey results and estimates.

    Numerous federal programs rely on accurate boundaries from the BAS. The U.S. Geological Survey depicts the annual legal boundaries submitted to the BAS on the National Map online. The Department of Housing and Urban Development uses the legal boundaries updated through the BAS to determine jurisdictional eligibility for various grant programs, such as the Community Development Block Grant program. The Department of Agriculture uses legal boundaries updated through the BAS to determine eligibility for various rural housing and economic development programs.

    Legal Information

    While the Census Bureau has a national implementation of the BAS, the Census Bureau reviews each state's laws for inclusion in the BAS materials sent to participants. In addition, if it comes to the Census Bureau's attention that an area of non-tribal land is in dispute between two or more jurisdictions, the Census Bureau will not make annexations or boundary corrections until all affected parties come to a written agreement, or there is a documented final court decision regarding the matter and/or dispute. If there is a dispute over an area of tribal land, the Census Bureau will not make additions or boundary corrections until the participants provide supporting documents or the U.S. Department of the Interior issues a comment. If necessary, the Census Bureau will request clarification regarding current boundaries or supporting documentation from the U.S. Department of the Interior, Office of the Solicitor.

    BAS Universe

    The BAS includes approximately 40,000 entities. The BAS universe and mailing materials vary depending upon the needs of the Census Bureau in fulfilling its censuses and household surveys. Every survey year includes the following:

    • Counties or equivalent entities.

    • Incorporated places with a population of at least 2,500 people.

    • MCDs in the six New England states.

    • Federally recognized American Indian reservations (AIRs), off-reservation trust lands (ORTLs), and tribal subdivisions.

    • A single respondent for the Hawaiian home land (HHL) boundary and status information.

    • A single respondent for the municipio, barrio, and subbarrio boundary and status information in Puerto Rico.

    As illustrated in the table below from 2016 to 2021, the BAS universe varies throughout the decade. The Census Bureau divides the reporting universe years into three categories:

    BAS Universe Information for 2016-2021 BAS year Details 2018—2020 Full BAS universe years. 2016, 2017, 2021 Select BAS universe years. 2016—2020 Redistricting Data Program (RDP) coordination years. Full BAS Universe Years

    From 2018 to 2020, the BAS includes all governmentally active counties and equivalent entities, all incorporated places, all legally defined MCDs, HHLs, legal governments in Puerto Rico, and legally defined federally recognized American Indian and Alaska Native (AIAN) areas (including the Alaska Native Regional Corporations (ANRCs)). Each governmental entity surveyed will receive materials covering its jurisdiction and one or more forms. These three years coincide with the Census Bureau's preparation for the decennial census.

    Select BAS Universe Years

    In all other years, including 2021, the BAS reporting universe includes all governmental counties and equivalent entities, MCDs in the six New England states, those incorporated places that have a population of 2,500 or greater, and all legally defined federally recognized AIAN areas, including ANRCs. During these years, the Census Bureau may enter into agreements with individual states to modify the universe of MCDs and/or incorporated places to include additional entities that are known by that state to have had boundary changes, without regard to population size.

    Redistricting Data Program Coordination Years

    In the years 2016 through 2020, state participants in the Redistricting Data Program (RDP) may request coordination between the BAS and RDP submissions for the Block Boundary Suggestion Project (BBSP) and Voting District Project (VTDP). The alignment of the BAS with the BBSP and VTDP facilitates increased cooperation between state and local governments and provides the opportunity to align their effort with updates from state and local government officials participating in the BAS.

    III. Method of Collection

    The Census Bureau maintains several methods to collect information and updates for legal boundaries. The Census Bureau provides the participant with current geography derived from the Master Address File/Topologically Integrated Geographic Encoding and Referencing Database (MTDB) on CD/DVD, paper maps, or online services. The participant reviews the geography and provides the Census Bureau any changes or updates. The Census Bureau updates the MTDB based on the submitted changes and uses that data to tabulate statistics for other programs like the American Community Survey, the Population Estimates Program, and the economic and decennial censuses.

    The two methods for BAS participants to view and update the Census Bureau's record of legal boundaries are through digital map files (Digital BAS) or paper maps (Paper BAS).

    The following BAS collection methods allow the Census Bureau to coordinate among various levels of governments and obtain the most accurate boundary information:

    • Annual Response.

    • Boundary Quality Assessment and Reconciliation Project (BQARP).

    • Boundary Validation Program (BVP).

    • Consolidation Agreements.

    • Memorandum of Understanding (MOU).

    • State Certification.

    Digital BAS

    In digital BAS, participants fill out the online BAS forms and choose one of the following options:

    • Download free software and MTDB spatial data.

    • Receive free software and MTDB spatial data on CD/DVD.

    • Download MTDB spatial data and use their own Geographic Information Systems (GIS) software.

    The free software provided by the Census Bureau, called GUPS, consists of specialized BAS tools intended for both novice and experienced GIS users. Digital BAS respondents use GUPS or their own GIS to review the boundaries the Census Bureau has on file and make boundary updates or corrections. Once the BAS participant is finished updating the boundaries, the participant submits the files electronically by using the Secure Web Incoming Module (SWIM) or burn the updates to a CD/DVD and return it to the Census Bureau.

    If the BAS participant elects to receive GUPS on CD/DVD, the package contains:

    1. Introductory letter from the Director of the Census Bureau.

    2. Appropriate BAS form(s) that contains entity-specific identification information.

    a. BAS-1: Incorporated places and consolidated cities.

    b. BAS-2: Counties, parishes, and boroughs.

    c. BAS-3: MCDs.

    d. BAS-5: AIAN areas.

    3. CD or DVD and software CD for GUPS.

    4. CD(s) or DVD(s) of Census Bureau spatial boundaries files.

    Paper BAS

    For the traditional paper package, respondents complete the BAS form and reviews Census Bureau maps of their legal area. If needed, respondents draw boundary updates or corrections on the maps using pencils provided in the package. The package contains large format maps, printed forms, and supplies to complete the survey.

    The typical BAS package contains:

    1. Introductory letter from the Director of the Census Bureau.

    2. Appropriate BAS form(s) that contains entity-specific identification information.

    a. BAS-1: Incorporated places and consolidated cities.

    b. BAS-2: Counties, parishes, and boroughs.

    c. BAS-3: MCDs.

    d. BAS-5: AIAN areas.

    3. BAS Respondent Guide.

    4. Set of maps.

    5. Return postage-paid envelope to submit boundary changes.

    6. Supplies for updating paper maps.

    Annual Response

    In Annual Response, the Census Bureau invites governments to participate in the BAS. The Annual Response is an announcement email letter and a one-page form for the state and county governments that do not have a consolidation agreement. Tribal, county, and local governments indicate whether they have boundary changes to report and provide a current contact person. The Census Bureau uses email and encourages governments to use the online form and download BAS materials online to reduce cost and respondent burden. All governments, without a consolidation agreement, receive the Annual Response email regardless of population size.

    The following table shows the details of the Annual Response, which occurs between January and May of each year.

    Annual Response Schedule for BAS January The Census Bureau emails the Annual Response to BAS contacts in January of each year. January-May Governments request BAS packages or download materials online. March 1 First deadline. Legal boundary updates sent by March 1 are included in the geography the Census Bureau uses for the American Community Survey and Population Estimates Program. May 31 Final deadline. Updates sent by May 31 are included in the following year's BAS materials. In the year 2020, all legal documentation for inclusion in the 2020 Census must be effective as of January 1, 2020, or earlier. All legal boundary changes will be placed on hold and updated during the 2021 BAS if effective January 2, 2020, or later. Boundary Quality Assessment and Reconciliation Project

    To improve boundary quality in the Census Bureau's MTDB, the Census Bureau uses the Boundary Quality Assessment and Reconciliation Project (BQARP) to support the BAS program. The goal of the BQARP is to assess, analyze, and improve the spatial quality of legal and administrative boundaries within the MTDB, which the BAS would then continue the collection of annexations and de-annexations on a transaction basis as they occur over time. The BQARP is a one-time project that eases the burden of BAS participants by addressing smaller boundary corrections. After a state has completed the BQARP, BAS participants will only need to submit boundary changes, such as annexations or de-annexations. Ensuring quality and spatially accurate boundaries is a critical component of the geographic preparations for the 2020 Census and the Census Bureau's ongoing geographic partnership programs and surveys. In addition, the improvement of boundary quality is an essential element of the Census Bureau's commitment as the responsible agency for legal boundaries under the Office of Management and Budget (OMB) Circular A-16.

    Boundary Validation Program

    The Census Bureau will conduct the 2020 Boundary Validation Program (BVP) in conjunction with the 2020 BAS. The Census Bureau conducts the BVP every ten years to provide the highest elected or appointed officials (HEOs) of tribal and local governments an opportunity to review the boundary data collected during the BAS over the last decade. The 2020 BVP will cover:

    • All actively functioning counties or statistically equivalent entities.

    • Incorporated places (including consolidated cities).

    • MCDs.

    • All federally recognized AIRs and off-reservation trust land entities in the United States.

    • Municipios, barrios, barrio-pueblos and subbarrios in Puerto Rico.

    In addition, the Census Bureau will send a letter to the governor of each state explaining the 2020 BVP process and noting that the Census Bureau will review the state boundaries in conjunction with relevant county boundaries as part of the BVP.

    The Census Bureau will conduct the 2020 BVP in two phases: Initial and final. During the initial BVP phase, every HEO in the BAS universe will receive a BVP form, a letter with instructions, and a CD/DVD containing a complete set of 2020 BAS maps in PDF format for their governmental unit. The Census Bureau asks the HEO to review the 2020 BAS maps contained on the CD/DVD and return the BVP form within ten days of receipt. If the HEO determines that there are no changes to report, the HEO will sign and return the validated BVP form. If the HEO determines that their entity requires boundary changes, the Census Bureau will instruct the HEO to return the unsigned BVP form and work with their local BAS contact to submit boundary changes through the 2020 BAS process. If either the HEO or the BAS contact submits 2020 BAS boundary updates, effective as of January 1, 2020, by the deadline of March 1, 2020, the entity will be included in the final phase of the BVP.

    In the final BVP phase, once the Census Bureau applies the participant's 2020 BAS boundary updates to the MTDB, the Census Bureau will provide each HEO a complete set of updated paper maps. This is participants' final opportunity to review the boundary and verify that the Census Bureau clearly reflects the 2020 BAS changes in the MTDB. In the final BVP phase, each HEO submits any remaining corrections within five days directly to the Census Bureau using the instructions provided in the BAS respondent guide.

    Consolidation Agreements

    Consolidation agreements allow state and county government officials the opportunity to reduce the response burden for their local governments in states where there are no legislative requirements for local governments to report their legal updates to the state or county. Under a consolidation agreement, a state or county is allowed to respond on behalf of the local governments documented in the agreement. The Census Bureau sends the BAS materials to the state or county, as appropriate, and sends a reminder notification to the local government to report their updates to their BAS consolidator.

    Memorandum of Understanding

    In states with legislation requiring local governments to report all legal boundary updates to a state agency, state officials may enter into a memorandum of understanding (MOU) with the Census Bureau. States have the option to report the list of governments with known legal boundary changes to the Census Bureau. The BAS will include only those governments listed or the state may report the legal boundary changes directly to the Census Bureau on behalf of the governments. The Census Bureau will not survey the local governments if the state reports for them. The Census Bureau will send a reminder email notification to the governments requesting them to report to the state contact, per the terms and agreements agreed upon in the MOU.

    State Certification

    Through the BAS State Certification program, the Census Bureau invites the governor-appointed State Certifying Official (SCO) from each state to review the boundary and governmental unit information collected during the previous BAS cycle. The purpose of the State Certification program is to verify the accuracy, validity, and completeness of the BAS information with state governments. Every year, excluding 2020, the Census Bureau mails materials containing the listings of the information collected from the previous BAS year to the SCO for review. These listings include the attribute information for disincorporations and legal boundary changes as well as the names and functional statuses of incorporated places and minor civil divisions (MCDs). The SCO may request that the Census Bureau edit the attribute data, add missing records, or remove invalid records if their state government maintains an official record of all effective changes to legal boundaries and governmental units as mandated by state law. State certification packages contain a letter to the governor, a state certifying official letter, a discrepancy letter, and a state certification respondent guide.

    IV. Data

    OMB Control Number: 0607-0151.

    Form Number: BAS-1, BAS-2, BAS-3, BAS-5, BAS-6, BAS-ARF BASSC-1, BASSC-2, BASSC-3, BASSC-4, BVP-1, BVP-L1, BVP-L1-AIA, BVP-L1-PR, BVP-2, BVP-L3, BVP-2, BVP-L4, and BVP-L4-AIA.

    Type of Review: Regular submission.

    Affected Public: All active, functioning counties or statistically equivalent entities; incorporated places (including consolidated cities); MCDs; all federally recognized AIRs and ORTLs entities in the United States; municipios, barrios, barrio-pueblos, and subbarrios in Puerto Rico; and HHLs.

    Estimated Number of Respondents:

    Annual Response Notification: 39,400 governments.

    No Change Response: 25,000 governments.

    Telephone Follow-up: 14,000 governments.

    Packages with Changes: 5,000 governments.

    State Certification Review: 49 states.

    State Certification Local Review: 1,000 governments.

    Boundary Quality Assessment and Reconciliation Project: 16 states.

    Redistricting Data Program Reconciliation State Review: 50 states.

    Redistricting Data Program Reconciliation Local Review: 2,000 governments.

    Boundary Validation Program: 48,000 governments.

    Estimated Total Number of Respondents: 134,555 governments.

    Estimated Time per Response:

    Annual Response Notification: 30 minutes.

    No Change Response: 4 hours.

    Telephone Follow-up: 30 minutes.

    Packages with Changes: 8 hours.

    State Certification Review: 10 hours.

    State Certification Local Review: 2 hours.

    Boundary Quality Assessment and Reconciliation Project: 25 hours.

    Redistricting Data Program Reconciliation State Review: 20 hours.

    Redistricting Data Program Reconciliation Local Review: 2 hours.

    Boundary Validation Program: 2 hours.

    Estimated Total Burden Hours per Year:

    Annual Response Notification: 19,700.

    No Change Response: 100,000.

    Telephone Follow-up: 7,000.

    Packages with Changes: 40,000.

    State Certification Review: 490.

    State Certification Local Review: 2,000.

    Boundary Quality Assessment and Reconciliation Project: 400.

    Redistricting Data Program Reconciliation State Review: 1,000.

    Redistricting Data Program Reconciliation Local Review: 4,000.

    Boundary Validation Program: 96,000.

    Estimated Total Burden Hours: 270,710.

    Estimated Total Annual Cost to Public: $0. (This is not the cost of respondents' time, but the indirect costs respondents may incur for such things as purchases of specialized software or hardware needed to report, or expenditures for accounting or records maintenance services required specifically by the collection.)

    Respondent's Obligation: Voluntary.

    Legal Authority: Title 13 U.S.C. Section 6.

    IV. Request for Comments

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

    Summarization of comments submitted in response to this notice will be included in the request for OMB approval of this information collection. Comments will also become a matter of public record.

    Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-04514 Filed 3-5-18; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

    Agency: U.S. Census Bureau.

    Title: Survey of Residential Building or Zoning Permit Systems.

    OMB Control Number: 0607-0350.

    Form Number(s): C-411(V), C-411(M), C-411(C).

    Type of Request: Extension of a currently approved collection.

    Number of Respondents: 2,000.

    Average Hours per Response: 15 minutes.

    Burden Hours: 500.

    Needs and Uses: The U.S. Census Bureau is requesting an extension of a currently approved collection for Form C-411, “Survey of Residential Building or Zoning Permit Systems.

    The Census Bureau produces statistics used to monitor activity in the large and dynamic construction industry. These statistics help state and local governments and the federal government, as well as private industry, to analyze this important sector of the economy. The accuracy of the Census Bureau statistics regarding the amount of construction authorized depends on data supplied by building and zoning officials throughout the country. The Census Bureau uses Form C-411 to obtain information from state and local building permit officials needed for updating the universe of permit-issuing places which serves as the sampling frame for the Report of Privately-Owned Residential Building or Zoning Permits Issued (OMB number 0607-0094), also known as the Building Permits Survey (BPS), and the Survey of Housing Starts, Sales, and Completions (OMB number 0607-0110), also known as Survey of Construction (SOC). These two sample surveys provide widely used measures of construction activity, including the principal economic indicators New Residential Construction and New Home Sales. Data from the BPS and SOC are also used by the Bureau of Economic Analysis (BEA) in the calculation of estimates of the Residential Fixed Investment portion of the Nation's Gross Domestic Product (GDP). In addition, data from the BPS are used by the Census Bureau in the calculation of annual population estimates; these estimates are widely used by government agencies to allocate funding and other resources to local governments.

    The questions on Form C-411 pertain to the legal requirements for issuing building or zoning permits in the local jurisdictions. Information is obtained on such items as geographic coverage and types of construction for which permits are issued. We do not plan any changes to the information we collect on the C-411 forms.

    The appropriate form is sent to a jurisdiction when the Census Bureau has reason to believe that a new permit system has been established or an existing one has changed. This is based on information from a variety of sources including survey respondents, regional councils and the Census Bureau's Geography Division which keeps abreast of changes in corporate status.

    We use the information to verify the existence of new permit systems or changes to existing systems. Based on the information, the Census Bureau adds new permit-issuing places to the universe, delete places no longer issuing permits, and makes changes to the universe to reflect those places that have merged.

    Failure to maintain the universe of permit-issuing places would result in deficient samples and inaccurate statistics. This in turn jeopardizes the accuracy of the above mentioned economic indicators. These indicators are closely monitored by the Board of Governors of the Federal Reserve System and other economic policy makers because of the sensitivity of the housing industry to changes in interest rates.

    Affected Public: State, local or tribal government.

    Frequency: On occasion.

    Respondent's Obligation: Voluntary.

    Legal Authority: Title 13 U.S.C., Sections 131 and 182.

    This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-04448 Filed 3-5-18; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2047] Expansion of Foreign-Trade Zone 84 Under Alternative Site Framework Houston, Texas

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

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

    Whereas, the 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 Port of Houston Authority, grantee of Foreign-Trade Zone 84, submitted an application to the Board (FTZ Docket B-66-2015, docketed October 6, 2015, amended October 17, 2017) for authority to expand FTZ 84 under the ASF to include a new magnet site located in Hitchcock, Texas, adjacent to the Houston Customs and Border Protection port of entry;

    Whereas, notice inviting public comment was given in the Federal Register (80 FR 61358, October 13, 2015; 82 FR 52265, November 13, 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 84 under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, to the Board's standard 2,000-acre activation limit for the zone, and to an ASF sunset provision for magnet sites that would terminate authority for Site 51 if not activated within five years from the month of approval.

    Dated: February 28, 2018. Christian B. Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2018-04502 Filed 3-5-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-533-843, A-570-901 and C-533-844] Certain Lined Paper Products From India and the People's Republic of China; Continuation of Antidumping Duty Orders and Countervailing Duty Order AGENCY:

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

    SUMMARY:

    As a result of determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the countervailing duty (CVD) order on certain lined paper products (lined paper) from India and the antidumping duty (AD) orders on lined paper from India and the People's Republic of China (China) would likely lead to continuation or recurrence of dumping and countervailable subsidies and material injury to an industry in the United States, Commerce is publishing a notice of the continuation of the AD orders and the CVD order.

    DATES:

    Applicable March 6, 2018.

    FOR FURTHER INFORMATION CONTACT:

    John Conniff, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1009.

    SUPPLEMENTARY INFORMATION:

    Background

    On September 28, 2006, Commerce published in the Federal Register the AD orders on lined paper from India, Indonesia, and China, and the CVD orders on lined paper from India and Indonesia.1

    1See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People's Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People's Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006) (Orders).

    On August 1, 2011, Commerce and the ITC initiated the first sunset reviews of the Orders pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On August 24, 2012, pursuant to sections 751(c) and 752(a) of the Act, the ITC determined that revocation of the AD orders on lined paper from India and China and the CVD order on lined paper from India, but not the AD and CVD orders on lined paper from Indonesia, would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 Accordingly, on August 31, 2012, Commerce published a notice of the continuation of the CVD order on line paper from India and the AD orders on lined paper from India and China, and revoked the AD and CVD orders on lined paper from Indonesia.4

    2See Initiation of Five-Year (Sunset) Review, 76 FR 45778 (August 1, 2011), and Certain Lined Paper School Supplies from China, India, and Indonesia-Institution of Five-Year Reviews Concerning the Countervailing Duty Orders on Certain Lined Paper School Supplies from India and Indonesia and the Antidumping Duty Orders on Certain Lined Paper School Supplies from China, India, and Indonesia, 76 FR 45851 (August 1, 2011).

    3See Certain Lined Paper School Supplies from China, India, and Indonesia, 77 FR 51570 (August 24, 2012). See also Certain Lined Paper School Supplies from China, India, and Indonesia, Inv. Nos. 701-TA-442-443 and 731-TA-1095-1097 (Review), USITC Publication 4344 (August 2012).

    4See Certain Lined Paper Products from Indonesia: Revocation of Antidumping and Countervailing Duty Orders, 77 FR 53174 (August 31, 2012), and Certain Lined Paper Products from India and the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 77 FR 53172 (August 31, 2012).

    On July 3, 2017, Commerce initiated and the ITC instituted second sunset reviews of the CVD order on lined paper from India and the AD orders on lined paper from India and China pursuant to section 751(c) of the Act.5 As a result of the second sunset reviews, Commerce found that revocation of the AD orders on lined paper from India and China would likely lead to continuation or recurrence of dumping, and that revocation of the CVD order on lined paper from India would likely lead to continuation or recurrence of countervailable subsidies.6 Commerce, therefore, notified the ITC of the magnitude of the dumping margins and net countervailable subsidy rates likely to prevail should the AD orders and CVD order be revoked.

    5See Initiation of Five-Year (Sunset) Reviews, 82 FR 30844 (July 3, 2017) (CLPP Sunset 2017), and Lined Paper School Supplies from China and India; Institution of Five-Year Reviews; 82 FR 30902 (July 3, 2017).

    6See Certain Lined Paper Products from India: Final Results of Expedited Second Sunset Review of Countervailing Duty Order, 82 FR 51390 (November 6, 2017), and Certain Lined Paper Products from India and the People's Republic of China: Final Results of Expedited Second Sunset Reviews of Antidumping Duty Orders, 82 FR 51812 (November 8, 2017).

    On February 2, 2018, pursuant to sections 751(c) and 752(a) of the Act, the ITC published its determination that revocation of the AD orders on lined paper from India and China and revocation of the CVD order on lined paper from India would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.7

    7See Lined Paper School Supplies from China and India; Determinations, 83 FR 5646 (February 8, 2018).

    Scope of the Orders

    The scope of these orders includes certain lined paper products, typically school supplies (for purposes of this scope definition, the actual use of or labeling these products as school supplies or non-school supplies is not a defining characteristic) composed of or including paper that incorporates straight horizontal and/or vertical lines on ten or more paper sheets (there shall be no minimum page requirement for loose leaf filler paper), including but not limited to such products as single- and multi-subject notebooks, composition books, wireless notebooks, loose leaf or glued filler paper, graph paper, and laboratory notebooks, and with the smaller dimension of the paper measuring 6 inches to 15 inches (inclusive) and the larger dimension of the paper measuring 8-3/4 inches to 15 inches (inclusive). Page dimensions are measured size (not advertised, stated, or “tear-out” size), and are measured as they appear in the product (i.e., stitched and folded pages in a notebook are measured by the size of the page as it appears in the notebook page, not the size of the unfolded paper). However, for measurement purposes, pages with tapered or rounded edges shall be measured at their longest and widest points. Subject lined paper products may be loose, packaged or bound using any binding method (other than case bound through the inclusion of binders board, a spine strip, and cover wrap). Subject merchandise may or may not contain any combination of a front cover, a rear cover, and/or backing of any composition, regardless of the inclusion of images or graphics on the cover, backing, or paper. Subject merchandise is within the scope of these orders whether or not the lined paper and/or cover are hole punched, drilled, perforated, and/or reinforced. Subject merchandise may contain accessory or informational items including but not limited to pockets, tabs, dividers, closure devices, index cards, stencils, protractors, writing implements, reference materials such as mathematical tables, or printed items such as sticker sheets or miniature calendars, if such items are physically incorporated, included with, or attached to the product, cover and/or backing thereto.

    Specifically excluded from the scope of these orders are:

    • Unlined copy machine paper;

    • writing pads with a backing (including but not limited to products commonly known as “tablets,” “note pads,” “legal pads,” and “quadrille pads”), provided that they do not have a front cover (whether permanent or removable). This exclusion does not apply to such writing pads if they consist of hole-punched or drilled filler paper;

    • three-ring or multiple-ring binders, or notebook organizers incorporating such a ring binder provided that they do not include subject paper;

    • index cards;

    • printed books and other books that are case bound through the inclusion of binders board, a spine strip, and cover wrap;

    • newspapers;

    • pictures and photographs;

    • desk and wall calendars and organizers (including but not limited to such products generally known as “office planners,” “time books,” and “appointment books”);

    • telephone logs;

    • address books;

    • columnar pads & tablets, with or without covers, primarily suited for the recording of written numerical business data;

    • lined business or office forms, including but not limited to: pre-printed business forms, lined invoice pads and paper, mailing and address labels, manifests, and shipping log books;

    • lined continuous computer paper;

    • boxed or packaged writing stationary (including but not limited to products commonly known as “fine business paper,” “parchment paper,” and “letterhead”), whether or not containing a lined header or decorative lines;

    • Stenographic pads (“steno pads”), Gregg ruled (“Gregg ruling” consists of a single- or double-margin vertical ruling line down the center of the page. For a six-inch by nine-inch stenographic pad, the ruling would be located approximately three inches from the left of the book), measuring 6 inches by 9 inches;

    Also excluded from the scope of these orders are the following trademarked products:

    • FlyTM lined paper products: A notebook, notebook organizer, loose or glued note paper, with papers that are printed with infrared reflective inks and readable only by a FlyTM pen-top computer. The product must bear the valid trademark FlyTM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope).

    • ZwipesTM: A notebook or notebook organizer made with a blended polyolefin writing surface as the cover and pocket surfaces of the notebook, suitable for writing using a specially-developed permanent marker and erase system (known as a ZwipesTM pen). This system allows the marker portion to mark the writing surface with a permanent ink. The eraser portion of the marker dispenses a solvent capable of solubilizing the permanent ink allowing the ink to be removed. The product must bear the valid trademark ZwipesTM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope).

    • FiveStar®AdvanceTM: A notebook or notebook organizer bound by a continuous spiral, or helical, wire and with plastic front and rear covers made of a blended polyolefin plastic material joined by 300 denier polyester, coated on the backside with PVC (poly vinyl chloride) coating, and extending the entire length of the spiral or helical wire. The polyolefin plastic covers are of specific thickness; front cover is 0.019 inches (within normal manufacturing tolerances) and rear cover is 0.028 inches (within normal manufacturing tolerances). Integral with the stitching that attaches the polyester spine covering, is captured both ends of a 1″ wide elastic fabric band. This band is located 23/8″ from the top of the front plastic cover and provides pen or pencil storage. Both ends of the spiral wire are cut and then bent backwards to overlap with the previous coil but specifically outside the coil diameter but inside the polyester covering. During construction, the polyester covering is sewn to the front and rear covers face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. The flexible polyester material forms a covering over the spiral wire to protect it and provide a comfortable grip on the product. The product must bear the valid trademarks FiveStar®AdvanceTM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope).

    • FiveStar FlexTM: A notebook, a notebook organizer, or binder with plastic polyolefin front and rear covers joined by 300 denier polyester spine cover extending the entire length of the spine and bound by a 3-ring plastic fixture. The polyolefin plastic covers are of a specific thickness; front cover is 0.019 inches (within normal manufacturing tolerances) and rear cover is 0.028 inches (within normal manufacturing tolerances). During construction, the polyester covering is sewn to the front cover face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. During construction, the polyester cover is sewn to the back cover with the outside of the polyester spine cover to the inside back cover. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. Each ring within the fixture is comprised of a flexible strap portion that snaps into a stationary post which forms a closed binding ring. The ring fixture is riveted with six metal rivets and sewn to the back plastic cover and is specifically positioned on the outside back cover. The product must bear the valid trademark FiveStar FlexTM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope).

    Merchandise subject to these orders is typically imported under headings 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS headings are provided for convenience and customs purposes; however, the written description of the scope of the order is dispositive.

    Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that revocation of the AD orders and the CVD order would likely lead to continuation or recurrence of dumping and countervailable subsidies and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the AD orders on lined paper from India and China and the CVD order on lined paper from India.

    U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year reviews of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation.

    These five-year (sunset) reviews and this notice are in accordance with sections 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: February 14, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2018-04501 Filed 3-5-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG022 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops AGENCY:

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

    ACTION:

    Notice of public workshops.

    SUMMARY:

    Free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops will be held in April, May, and June of 2018. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and to maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted during 2018 and will be announced in a future notice.

    DATES:

    The Atlantic Shark Identification Workshops will be held on April 5, May 3, and June 7, 2018. The Protected Species Safe Handling, Release, and Identification Workshops will be held on April 4, April 11, April 23, May 7, May 10, and May 21, 2018. See SUPPLEMENTARY INFORMATION for further details.

    ADDRESSES:

    The Atlantic Shark Identification Workshops will be held in Norfolk, VA; Fort Lauderdale, FL; and Manahawkin, NJ. The Protected Species Safe Handling, Release, and Identification Workshops will be held in Manahawkin, NJ; Kitty Hawk, NC; Revere, MA; Kenner, LA; Charleston, SC; and Largo, FL. See SUPPLEMENTARY INFORMATION for further details on workshop locations.

    FOR FURTHER INFORMATION CONTACT:

    Rick Pearson by phone: (727) 824-5399, or by fax: (727) 824-5398.

    SUPPLEMENTARY INFORMATION:

    The workshop schedules, registration information, and a list of frequently asked questions regarding these workshops are posted on the internet at: http://www.nmfs.noaa.gov/sfa/hms/compliance/workshops/index.html.

    Atlantic Shark Identification Workshops

    Since January 1, 2008, Atlantic shark dealers have been prohibited from receiving, purchasing, trading, or bartering for Atlantic sharks unless a valid Atlantic Shark Identification Workshop certificate is on the premises of each business listed under the shark dealer permit that first receives Atlantic sharks (71 FR 58057; October 2, 2006). Dealers who attend and successfully complete a workshop are issued a certificate for each place of business that is permitted to receive sharks. These certificate(s) are valid for 3 years. Approximately 142 free Atlantic Shark Identification Workshops have been conducted since January 2008.

    Currently, permitted dealers may send a proxy to an Atlantic Shark Identification Workshop. However, if a dealer opts to send a proxy, the dealer must designate a proxy for each place of business covered by the dealer's permit which first receives Atlantic sharks. Only one certificate will be issued to each proxy. A proxy must be a person who is currently employed by a place of business covered by the dealer's permit; is a primary participant in the identification, weighing, and/or first receipt of fish as they are offloaded from a vessel; and who fills out dealer reports. Atlantic shark dealers are prohibited from renewing a Federal shark dealer permit unless a valid Atlantic Shark Identification Workshop certificate for each business location that first receives Atlantic sharks has been submitted with the permit renewal application. Additionally, trucks or other conveyances that are extensions of a dealer's place of business must possess a copy of a valid dealer or proxy Atlantic Shark Identification Workshop certificate.

    Workshop Dates, Times, and Locations

    1. April 5, 2018, 12 p.m.-4 p.m., La Quinta Inn, 1387 North Military Trail, Norfolk, VA 23502.

    2. May 3, 2018, 12 p.m.-4 p.m., La Quinta Inn, 999 West Cypress Creek Road, Fort Lauderdale, FL 33309.

    3. June 7, 2018, 12 p.m.-4 p.m., Holiday Inn, 151 Route 72 East, Manahawkin, NJ 08050.

    Registration

    To register for a scheduled Atlantic Shark Identification Workshop, please contact Eric Sander at [email protected] or at (386) 852-8588.

    Registration Materials

    To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following specific items to the workshop:

    • Atlantic shark dealer permit holders must bring proof that the attendee is an owner or agent of the business (such as articles of incorporation), a copy of the applicable permit, and proof of identification.

    • Atlantic shark dealer proxies must bring documentation from the permitted dealer acknowledging that the proxy is attending the workshop on behalf of the permitted Atlantic shark dealer for a specific business location, a copy of the appropriate valid permit, and proof of identification.

    Workshop Objectives

    The Atlantic Shark Identification Workshops are designed to reduce the number of unknown and improperly identified sharks reported in the dealer reporting form and increase the accuracy of species-specific dealer-reported information. Reducing the number of unknown and improperly identified sharks will improve quota monitoring and the data used in stock assessments. These workshops will train shark dealer permit holders or their proxies to properly identify Atlantic shark carcasses.

    Protected Species Safe Handling, Release, and Identification Workshops

    Since January 1, 2007, shark limited-access and swordfish limited-access permit holders who fish with longline or gillnet gear have been required to submit a copy of their Protected Species Safe Handling, Release, and Identification Workshop certificate in order to renew either permit (71 FR 58057; October 2, 2006). These certificate(s) are valid for 3 years. As such, vessel owners who have not already attended a workshop and received a NMFS certificate, or vessel owners whose certificate(s) will expire prior to the next permit renewal, must attend a workshop to fish with, or renew, their swordfish and shark limited-access permits. Additionally, new shark and swordfish limited-access permit applicants who intend to fish with longline or gillnet gear must attend a Protected Species Safe Handling, Release, and Identification Workshop and submit a copy of their workshop certificate before either of the permits will be issued. Approximately 274 free Protected Species Safe Handling, Release, and Identification Workshops have been conducted since 2006.

    In addition to certifying vessel owners, at least one operator on board vessels issued a limited-access swordfish or shark permit that uses longline or gillnet gear is required to attend a Protected Species Safe Handling, Release, and Identification Workshop and receive a certificate. Vessels that have been issued a limited-access swordfish or shark permit and that use longline or gillnet gear may not fish unless both the vessel owner and operator have valid workshop certificates onboard at all times. Vessel operators who have not already attended a workshop and received a NMFS certificate, or vessel operators whose certificate(s) will expire prior to their next fishing trip, must attend a workshop to operate a vessel with swordfish and shark limited-access permits that uses longline or gillnet gear.

    Workshop Dates, Times, and Locations

    1. April 4, 2018, 9 a.m.-5 p.m., Holiday Inn, 151 Route 72 East, Manahawkin, NJ 08050.

    2. April 11, 2018, 9 a.m.-5 p.m., Hilton Garden Inn, 5353 North Virginia Dare Trail, Kitty Hawk, NC 27949.

    3. April 23, 2018, 9 a.m.-5 p.m., Hampton Inn, 230 Lee Burbank Highway, Revere, MA 02151.

    4. May 7, 2018, 9 a.m.-5 p.m., Hilton Hotel, 901 Airline Drive, Kenner, LA 70062.

    5. May 10, 2018, 9 a.m.-5 p.m., Hampton Inn, 678 Citadel Haven Drive, Charleston, SC 29414.

    6. May 21, 2018, 9 a.m.-5 p.m., Holiday Inn Express, 210 Seminole Boulevard, Largo, FL 33770.

    Registration

    To register for a scheduled Protected Species Safe Handling, Release, and Identification Workshop, please contact Angler Conservation Education at (386) 682-0158.

    Registration Materials

    To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following specific items with them to the workshop:

    • Individual vessel owners must bring a copy of the appropriate swordfish and/or shark permit(s), a copy of the vessel registration or documentation, and proof of identification.

    • Representatives of a business-owned or co-owned vessel must bring proof that the individual is an agent of the business (such as articles of incorporation), a copy of the applicable swordfish and/or shark permit(s), and proof of identification.

    • Vessel operators must bring proof of identification.

    Workshop Objectives

    The Protected Species Safe Handling, Release, and Identification Workshops are designed to teach longline and gillnet fishermen the required techniques for the safe handling and release of entangled and/or hooked protected species, such as sea turtles, marine mammals, and smalltooth sawfish, and prohibited sharks. In an effort to improve reporting, the proper identification of protected species and prohibited sharks will also be taught at these workshops. Additionally, individuals attending these workshops will gain a better understanding of the requirements for participating in these fisheries. The overall goal of these workshops is to provide participants with the skills needed to reduce the mortality of protected species and prohibited sharks, which may prevent additional regulations on these fisheries in the future.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 1, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-04526 Filed 3-5-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF933 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird and Shorebird Research and Monitoring in Massachusetts AGENCY:

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

    ACTION:

    Notice; proposed incidental harassment authorization; request for comments.

    SUMMARY:

    NMFS has received a request from the Eastern Massachusetts (MA) National Wildlife Refuge (NWR) Complex, U.S. Fish and Wildlife Service (USFWS), for authorization to take marine mammals incidental to conducting seabird and shorebird monitoring and research in the Eastern MA NWR Complex (Complex). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.

    DATES:

    Comments and information must be received no later than April 5, 2018.

    ADDRESSES:

    Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to [email protected]

    Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

    FOR FURTHER INFORMATION CONTACT:

    Amy Fowler, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. In case of problems accessing these documents, please call the contact listed above.

    SUPPLEMENTARY INFORMATION: Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

    An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth.

    NMFS has defined “negligible impact” in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

    The MMPA states that the term “take” means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal.

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

    National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, NMFS must review our proposed action (i.e., the issuance of an incidental harassment authorization) with respect to potential impacts on the human environment.

    This action is consistent with categories of activities identified in CE B4 of the Companion Manual for NOAA Administrative Order 216-6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS has preliminarily determined that the issuance of the proposed IHA qualifies to be categorically excluded from further NEPA review.

    We will review all comments submitted in response to this notice prior to concluding our NEPA process or making a final decision on the IHA request.

    Summary of Request

    On December 5, 2017, NMFS received a request from the USFWS for an IHA to take marine mammals incidental to seabird and shorebird monitoring and research activities within the Complex. NMFS determined the application adequate and complete on December 18, 2017. The USFWS's request is for take of gray seals and harbor seals by Level B harassment only. Neither the USFWS nor NMFS expect mortality to result from this activity and, therefore, an IHA is appropriate.

    NMFS previously issued an IHA to the USFWS for similar work (82 FR 12342, March 2, 2017). The USFWS complied with all the requirements (e.g., mitigation, monitoring, and reporting) of the previous IHA and information regarding their monitoring results may be found in the Estimated Take section.

    Description of Proposed Activity Overview

    The USFWS is proposing to conduct biological tasks for refuge purposes at Monomoy NWR, Nantucket NWR, and Nomans Land Island NWR in MA. These three refuges are managed through the Complex as part of the NWR System of the USFWS. Complex staff census and monitor the presence of breeding and migrating shorebirds using the beaches of Monomoy, Nantucket, and Nomans Land Island NWRs for nesting from April 1 to November 30, annually. Monitoring activities occur daily (on Monomoy and Nantucket) from April to August and is necessary to document the productivity (number of chicks fledged per pair) and population of protected shorebird and seabird species. Monomoy NWR also participates in several less frequent, but equally important, high priority conservation tasks to monitor for threatened and endangered species, including censusing northeastern beach tiger beetles (Cicindela dorsalis) and participating in a red knot (Calidris canutus) migration study during annual southward migration. Additionally, both Monomoy and Nantucket NWRs serve as vital staging grounds for migrating roseate terns (Sterna dougallii), where USFWS staff resight and stage counts.

    Dates and Duration

    The USFWS proposes to conduct the research activities at various times for each project from April 1 through November 30, 2018. Due to scheduling, time, tide constraints, and favorable weather/ocean conditions, the exact survey dates and durations are variable. The proposed IHA, if issued, would be effective from April 1, 2018 through March 31, 2019. More information on the scope of proposed activities can be found in the Detailed Description of Activities section.

    Specific Geographic Region

    The Complex is made up of eight refuges, including its three coastal refuges: Monomoy NWR, Nantucket NWR, and Nomans NWR. The three main activity sites are NWRs managed by the USFWS and are islands located off the coast of Cape Cod, MA. Although Monomoy NWR consists of three managed barrier islands, pinnipeds are only disturbed while carrying out biological activities on the Atlantic side of South Monomoy Island where gray seals primarily haul out. Therefore, activities mentioned at Monomoy NWR will only refer to South Monomoy Island. While biological tasks performed at these three refuges differ in some regard, all activities are necessary to carry out high priority conservation work for threatened and endangered species. Each activity location is described below.

    1. Monomoy NWR (N 41.590348, W −69.987432): This site refers to the Atlantic side of South Monomoy Island at Monomoy NWR. Seals use most of the ocean-facing beach of this island as a haulout site. See Figure 1 of the USFWS's application.

    2. Nantucket NWR (N 41.391754, W −70.050568): This site refers to Nantucket NWR located on the northeast tip of Nantucket Island. The point itself is the primary haulout site for this location. See Figure 2 of the USFWS's application.

    3. Nomans NWR (N 41.264267, W −70.812228): This site refers to Nomans Land Island located off the coast of Martha's Vineyard. Seals here haul out on the northeast peninsula, and sporadically along the northern shoreline. The rocks around the island are sometimes utilized as well. See Figure 3 of the USFWS's application.

    4. Cape Cod National Seashore nearby beaches (see Figure 4 of the USFWS's application):

    A. Coast Guard Beach (N 41.842333, W −69.943834): This site refers to one of the beaches located at the Cape Cod National Seashore in Eastham, MA. The seals here haul out on the J-bars that form on the beach.

    B. North Beach Island (N 41.669441, W −69.942765): This site refers to an island located at the Cape Cod National Seashore in Chatham, MA. The seals here haul out on the southwest end of the island.

    C. High Head (N 42.066108, W −70.111318): This site refers to a beach located at the Cape Cod National Seashore in Truro, MA.

    D. Jeremy Point (N 41.884300, W −70.069532): This site refers to Jeremy Point located on the Cape Cod bayside at the Cape Cod National Seashore in Wellfleet, MA. The seals here haul out on the sand flats in the waters around the point.

    E. Provincetown Harbor (N 42.022342, W −70.178662): This site refers to the west end of the harbor in Provincetown. This is a new haulout as of fall 2015 and has only been observed a few times by the Provincetown Center for Coastal Studies (CCS) (L.Sette, CCS, personal communication 2016).

    Detailed Description of Specific Activity

    A description of each activity, based on location, is presented below. A summary of this information can also be found in Table 1.

    1. Shorebird and Seabird Nest Monitoring and Research Monomoy NWR

    On January 10, 1986, the USFWS listed the Atlantic Coast population of piping plovers (Charadrius melodus) as threatened under the provisions of the U.S. Endangered Species Act (ESA) of 1973. Currently, Monomoy NWR serves as a nesting site for six percent of the breeding piping plover pairs in MA. Therefore, management and protection of the piping plover is one of the priority programs for the refuge. Many other avian species benefit from piping plover management, including the state listed species of concern least tern (Sternula antillarum) and American oystercatcher (Haematopus palliates). Monomoy NWR has a responsibility to follow the guidelines provided for management in the revised 1996 recovery plan for the species (USFWS 1996). The primary objective of the recovery program is to remove the Atlantic Coast piping plover population from the List of Endangered and Threatened Wildlife and Plants by: (1) Achieving well-disturbed increases in numbers and productivity of breeding pairs, and (2) providing for long-term protection of breeding and wintering plovers and their habitat. Actions needed to achieve these objectives include: (1) Manage breeding piping plovers and habitat to maximize survival and productivity, (2) monitor and manage wintering and migration areas to maximize survival and recruitment into the breeding population, (3) undertake scientific investigations that will facilitate recovery efforts, (4) develop and implement public information and education programs, and (5) review progress towards recovery annually and revise recovery efforts as appropriate (USFWS 1996).

    The piping plover recovery efforts at the Complex correspond closely to management recommendations in the Piping Plover Recovery Plan. In order to monitor the productivity (number of chicks fledged per pair) of piping plovers at Monomoy NWR, it is necessary to identify suitable nesting habitat for the species. At Monomoy, piping plovers generally select areas that are sandy with some cobble on the beach face and occasionally nest in dense vegetation or behind primary dunes. The same can be said for least terns and American oystercatcher pairs which also nest on South Monomoy Island. These nesting areas are adjacent to known gray seal haulout sites.

    Piping plovers begin returning to their Atlantic Coast nesting beaches in mid-March. The first nest is generally laid in mid-April and eggs will continue to be present on the beach until late July. During this time, nests are located by USFWS staff by looking for a number of signs: Continuous presence of adult birds, courtship and territorial behavior in a certain area, large concentrations of tracks, and scrapes (nests or nest attempts). Methods for finding nests include waiting for a disturbed bird to return to its nest or covering probable nesting areas by searching the ground for signs of scraps and zig-zagging the whole area to make sure the entire habitat is covered. Methods for finding nests can sometimes lead to seal disturbance. Nests are visited 4-5 times a week and confirmation of adult presence and incubation is confirmed at a distance when possible to prevent disturbance. Nests hatch after 28 days of incubation and chicks will remain with one or both parents until they fledge at 25-35 days of age. Depending on the date of hatching, flightless chicks may be present on refuge beaches from mid-May until late August. Chicks are monitored until they fledge and may move hundreds of yards from the nest site to feed. Feeding areas include intertidal areas along the ocean and sound sides of South Monomoy Island as well as washover areas.

    Similar activities are performed when searching and monitoring American oystercatcher nests and broods. No American oystercatcher pairs nested near seal haulout sites in 2015, but have nested on the ocean side of South Monomoy Island in previous years. In 2001, the American oystercatcher warranted special attention from the U.S. Shorebird Conservation Plan after the population severely declined to under 11,000 individuals. Monomoy NWR has the largest concentration of nesting American oystercatchers on Cape Cod and nesting success at this site is important to the survival of the species. The nesting season occurs from the end of April until mid-August. Monomoy NWR also serves as an important staging site for resting migrants, and bands are often read and reported to the American Oystercatcher Working Group. Staging American oystercatcher will sometimes roost near seal haulout sites.

    Least terns nest in small groups around South Monomoy Island. Productivity is not measured throughout the season, but nesting pairs are censused during a 2-3 day period in mid-June. Least terns are censused using the line-sweep method throughout the extent of the nesting colonies and checked by staff weekly to gauge productivity.

    USFWS staff install symbolic fencing (sign posts with “area closed” and “beach closed” informational signs) around nest sites of piping plovers, American oystercatchers, and least terns to inform the public about the bird's presence and protect critical habitat from human disturbance. These areas are adjacent to known seal haulout sites and are regularly monitored throughout the season.

    Nantucket NWR

    Similar biological activities are carried out on Nantucket NWR as Monomoy NWR. Piping plover, least tern, and American oystercatcher are known species to use Nantucket NWR and nearby lands for nesting from the end of April until mid-August. Beach nesting birds are monitored following similar methods and protocols as Monomoy NWR and areas of nesting are posted with closed signs. Signs are placed at least 150 feet from known seal haulout areas on Nantucket NWR, which predominately occur at the north tip of the Refuge. These posts help protect those areas from public disturbance. Nesting beach birds generally do not nest within the closed area for seals, but instead nest adjacent to the haulouts. If need be, staff will briefly enter the closed area to check nests, but otherwise stay outside of the closed area, greater than 150 feet from seal haulouts. Seabirds and shorebirds do not nest on the Complex every year; in 2015, no beach birds nested on Nantucket NWR.

    Nomans Land Island NWR

    Nomans NWR is closed to the public and is only visited 1-3 times a year by USFWS staff. During these visits, the presence of shorebirds and seabirds are noted for record. Shorebirds and seabirds are inventoried by scoping suitable nesting and feeding habitat on the island. The greatest potential for marine mammal disturbance occurs in safe boat landing zones, because these areas often overlap with hauled out seals. Every precautionary measure is taken to reduce disturbance to seals on Nomans Land Island NWR, but staff will land a boat or walk within 50 yards (yd) of seal haulouts if safety reasons prevail. A 25-foot Parker is used to travel to and from Nomans NWR.

    2. Roseate Tern Staging Counts and Resighting Monomoy NWR

    On November 2, 1987, the Service listed the northeastern breeding population of the roseate terns as Federally endangered. Monomoy NWR serves as an important nesting and staging site for the species. Monomoy NWR has a responsibility to follow the guidelines provided for management in the Roseate Tern Recovery Plan for the Northeast population (USFWS 1998). The primary objective of the roseate tern recovery program is to promote an increase in breeding population size, distribution, and productivity so as to warrant reclassification to threatened status and eventual delisting. Actions needed to attain this objective include: (1) Oversee breeding roseate terns and their habitat to help increase survival and productivity including the physical maintenance, expansion, and enhancement of nesting habitat; (2) develop a management plan for monitoring wintering and migration areas; (3) secure unprotected sites through acquisition and easements; (4) develop outreach materials and implement education programs; (5) conduct scientific investigations that will facilitate recovery efforts; (6) review progress of recovery annually and revise recovery efforts as needed (USFWS 1998). While breeding roseate terns prefer nesting habitat far from seal haulout sites, migrating terns use areas adjacent to the beach edge. Cape Cod and the surrounding islands as a whole serves as an important staging ground for common terns (Sterna hirundo) and roseate terns. In fact, the entire northeast population of roseate terns stage in this area prior to migrating to Central and South America. The USFWS conduct staging tern counts to document the importance of Monomoy NWR relative to other sites and to record changes in use over time by gathering baseline data on the numbers of roseate terns staging on the Complex and adjacent beaches as well as the causes and duration of disturbances to staging terns. This is in compliance with the recovery plan to conduct scientific investigations that will facilitate recovery efforts (USFWS 1998).

    In August, USFWS staff traverse areas of suitable staging habitat, including sand flats and open sand beaches, and make quick estimates of the number of staging terns. The terns are counted using binoculars and spotting scopes from a distance that does not disturb the birds. Color bands, field readable bands, and any tagged or banded birds are identified for reporting purposes. Observations on behavior and disturbance are also documented. Depending on the size of the flock, these surveys can last anywhere between one to three hours.

    Nantucket NWR

    Staging tern counts are carried out on Nantucket NWR following similar methods and protocols mentioned for Monomoy NWR.

    Nomans Land Island NWR

    Staging tern counts are not performed on Nomans NWR.

    3. Red Knot Stopover Study Monomoy NWR and Nearby Beaches in Chatham, Orleans, and Eastham

    On December 11, 2014, the USFWS listed the rufa subspecies of the red knot as Federally threatened under the ESA. As noted in the State of the Birds 2014 report, the knot's status is representative of the steep declines represented in shorebirds that migrate long distances (NABCI 2014). Threats to shorebirds have become more diverse and widespread in recent decades, requiring coordinated conservation efforts across their vast ranges. Protection of breeding, migration, and wintering habitat is critical to this species' recovery (Niles et al., 2008).

    Southeastern MA, Monomoy NWR and surrounding beaches in Chatham, Orleans, and Eastham in particular, likely provide one of the most important areas for adult and juvenile red knots during their southward migration (Koch and Paton 2009; Harrington et al., 2010a; Harrington et al., 2010b). Research has shown that this region supports red knots bound for different winter destinations, including red knots wintering as far south as Patagonia (Harrington et al., 2010b). Currently, there is little information on migration routes, and no information on wintering sites of juvenile red knots.

    The red knot stopover study is not conducted on Nantucket NWR or Nomans NWR.

    4. Northeastern Beach Tiger Beetle Census

    In August of 1990, the USFWS listed the northeastern beach tiger beetle as threatened under the ESA. Currently northeastern beach tiger beetle can be found at only two sites in MA: One on the south shore of Martha's Vineyard and one on South Monomoy Island and Nauset/South Beach in Chatham, MA (USFWS 1994, USFWS 2015). Searches on Monomoy in the 1980s failed to locate the northeastern beach tiger beetle, but the structure of the habitat seemed favorable, making Monomoy the leading candidate as an introduction site. The first beetle larvae transplant occurred in May 2000. Since 2004, tiger beetle larvae have not been transferred to Monomoy (USFWS 2015). However, through continued adult tiger beetle monitoring, the annual presence of tiger beetles has been documented on the refuge. Annual monitoring confirms successful survival and production of tiger beetles through all stages of life, and gives a firm indication of a new self-sustaining population at Monomoy NWR.

    Northeastern beach tiger beetle live their entire life on the beach, and prefer medium to medium-course sand. Adults occur on the beach from June through September and often congregate around the water's edge on warm days (USFWS 2011). On Monomoy NWR, the population occurs in habitat on the Atlantic side of South Monomoy Island on the water's edge and in the wrack line. Several index counts of the tiger beetle population are completed by USFWS staff during July and August each year. Counts are conducted by slowly walking the water's edge at a width of 2-3 people across and tallying adults seen on the surface of the beach until the extent of suitable habitat is covered.

    Northeastern beach tiger beetle surveys are not conducted on Nantucket NWR or Nomans Land Island NWR.

    5. Coastal Shoreline Change Survey

    Since 2011, Monomoy has participated in a long-term coastal shoreline monitoring project in collaboration with Rutgers University and the National Park Service (NPS) protocol. The annual shoreline surveys are conducted twice a year to gain a finer understanding of the rate of shoreline change and to provide baseline information for sea level rise. Two 1-day surveys are conducted at most sites, one in the spring and one in the fall. Surveys are only conducted in the fall at Monomoy NWR, typically between September and November, consequent to the large number of seals using the area in the spring. To document accurate data on shoreline change, a handheld Trimble device is used to GPS the neap high tide swash line around the ocean-facing extent of South Monomoy Island by walking the beach at a normal pace. The survey takes approximately one day to complete.

    Shoreline surveys are not conducted on Nantucket NWR or Nomans NWR.

    Table 1—Site Location and Duration of the Five Projects in the Eastern Massachusetts National Wildlife Refuge Site location and duration Activity Time of year Monomoy NWR Nantucket NWR Nomans NWR Shorebird and Seabird Monitoring and Research April-August 17 weeks, 2 days/week, 6-8 hours/day 17 weeks *, 2 days/month, <1 hour/day 1-3 days/year, ~1 hour/day. Roseate Tern Staging Counts and Resighting Mid July-September 3 weeks, 1-2 days/week, 1-3 hours/day 6-8 weeks, 2 days/month, 1-3 hours/day N/A. Red Knot Stopover Study August-October Two trapping windows, 5-10 days in combination with Cape Cod beaches, 6-12 hours/day N/A N/A. Northeastern Beach Tiger Beetle Census July-September 1-3 days/year, 6-8 hours/day N/A N/A. Coastal Shoreline Change Survey September-October Once/year, 8 hours/day N/A N/A. * Shorebird and Seabird Monitoring and Research on Nantucket is contingent on the presence of nesting beach birds. In 2015, no shorebirds or seabirds nested on Nantucket NWR.

    Proposed mitigation, monitoring, and reporting measures are described in detail later in this document (please see “Proposed Mitigation” and “Proposed Monitoring and Reporting”).

    Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of the application summarize available information regarding status and trends, distribution and habitat preferences, and behavior and life history, of the potentially affected species. Additional information regarding population trends and threats may be found in NMFS's Stock Assessment Reports (SAR; https://www.fisheries.noaa.gov/topic/population-assessments/marine-mammals) and more general information about these species (e.g., physical and behavioral descriptions) may be found on NMFS's website (https://www.fisheries.noaa.gov/find-species).

    Table 2 lists all species with expected potential for occurrence in the Complex and summarizes information related to the population or stock, including regulatory status under the MMPA and ESA and potential biological removal (PBR), where known. For taxonomy, we follow Committee on Taxonomy (2016). PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS's SARs). While no mortality is anticipated or authorized here, PBR and annual serious injury and mortality from anthropogenic sources are included here as gross indicators of the status of the species and other threats.

    Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS's stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. For some species, this geographic area may extend beyond U.S. waters. Until 2017, NMFS SARs relied on Canadian Department of Fisheries and Oceans (DFO) population models to determine the abundance of gray seals in Canada. The portion of gray seals in U.S. waters was not determined until the 2017 draft SARs (NMFS 2017). All values presented in Table 2 are the most recent available at the time of publication and are available in the 2017 draft SARs (NMFS 2017). The 2017 draft SARs were published in the Federal Register on December 19, 2017. The 2017 draft SARs are still up for public comment at the time of this publication (https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports).

    Table 2—General Information on Marine Mammals in the Vicinity of Eastern Massachusetts National Wildlife Refuge, Massachusetts Common name Scientific name Stock ESA/
  • MMPA
  • status;
  • strategic
  • (Y/N) 1
  • Stock abundance
  • (CV, Nmin, most recent
  • abundance survey) 2
  • PBR Annual
  • M/SI 3
  • Order Carnivora—Superfamily Pinnipedia Family Phocidae (earless seals): Gray seal Halichoerus grypus atlantica Western North Atlantic -,N 27,131 (N/A, 27,131, 2016) 1,554 5,207 Harbor seal Phoca vitulina concolor Western North Atlantic -,N 75,834 (0.15, 66,884, 2012) 2,006 368 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable [explain if this is the case]. 3 These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

    All species that could potentially occur in the proposed survey areas are included in Table 2. As described below, both species (with two managed stocks) temporally and spatially co-occur with the activity to the degree that take is reasonably likely to occur, and we have proposed authorizing it.

    Gray Seal

    There are three major populations of gray seals found in the world; eastern Canada (western North Atlantic stock), northwestern Europe, and the Baltic Sea. The gray seals that occur in the project area belong to the western North Atlantic stock, which ranges from New Jersey to Labrador. Based on genetic analysis from the Canadian and U.S. populations, all individuals were placed into one population providing further evidence that this stock is one interbreeding population (Wood et al., 2011). U.S. population abundance was estimated using minimum U.S. pup production (6,308 pups) fit to population models, yielding a U.S. stock abundance of 27,131 seals. U.S. pup production accounts for approximately six percent of the total pup production over the entire range of the stock (NMFS 2017). Current population trends show that gray seal abundance is likely increasing in the U.S. Atlantic Exclusive Economic Zone (Waring et al., 2016). Although the rate of increase is unknown, surveys conducted since their arrival in the 1980s indicate a steady increase in abundance in both Maine and Massachusetts (Waring et al., 2016). It is believed that recolonization by Canadian gray seals is the source of the U.S. population (Waring et al., 2016). Gray seals are not listed under the ESA and the stock is not considered strategic or depleted under the MMPA.

    Monomoy NWR is the largest haulout site for gray seals on the U.S. Atlantic seaboard, and one of only two consistent sites in Massachusetts (the other being Muskeget Island, west of Nantucket) where gray seals pup (USFWS 2015). Gray seals are known to use Monomoy NWR and Nantucket NWR land and water year round, with higher numbers accumulating during the winter and spring when pupping and molting occur. While gray seal pupping grounds are historically further north on Sable Island in Nova Scotia and in the Gulf of St. Lawrence in Canada, there has been a year-round breeding population on Cape Cod and the islands since the late 1990s (NOAA 2015a, USFWS 2015).

    Gray seals start to group up in fall and pupping generally occurs from mid-December to early February (USFWS 2015). Gray seal pupping on Monomoy NWR was limited in the past but has been increasing rapidly in recent years. By early spring, upwards of 19,000 gray seals can be found hauled out on Monomoy NWR (B. Josephson, NOAA, personal communication). While many of these seals use Monomoy NWR for breeding, others make their way to the refuge to molt. By late spring, gray seal abundance continues to taper until the fall.

    Gray seal pupping information for Nantucket NWR and Nomans Land Island NWR is limited, but evidence suggests that a small number of pups are born on the latter. Aerial images and evidence do not show that pups are born on Nantucket NWR, although speculations persist (S. Wood, NOAA, personal communication). Similar trends in distribution at Monomoy NWR occur at Nomans and Nantucket NWRs, but in significantly less numbers. Gray seals are most abundant at the activity sites from late fall until spring, and less frequent during the summer months when most activity is occurring. Raw counts of gray seal counts from 2015 are summarized in Table 3.

    Table 3—Raw Count of the Maximum Number of Individual Gray Seals Using Monomoy NWR Lands and Surrounding Waters in 2015 Based on NOAA Unpublished Data [B. Josephson, NOAA, personal communication] Gray seals Month Raw count January 4,435 February 6,047 March 16,764 April 18,098 May 19,166 June 8,764 July 978 August 1,206 September 658 October 1,113 November 2,379 December (*) * Not calculated. Harbor Seal

    Harbor seals found on the project area are included in the western North Atlantic stock, which ranges from Canadian Arctic to southern New England and New York, and occasionally to the Carolinas (Waring et al., 2016). Based on available counts along the Maine coast in 2012, the minimum population estimate is 75,834 (Waring et al., 2016). Harbor seals are not listed under the ESA and the stock is not considered strategic or depleted under the MMPA.

    Harbor seals occur seasonally in the Complex, and generally arrive in early September and remain through May (Waring et al., 2016). Numbers of these seals increase slowly through this time period and then quickly drop off in March as they make their northward movement from southern New England to Maine and eastern Canada, where they breed in mid-May (USFWS 2015). Gray seals seem to be displacing harbor seals to some extent, but the two species will haul out together, with gray seals occupying the upper beach and harbor seals staying closer to the water (D. Waring, personal communication). Pupping generally occurs between mid-May through June off the coast of Maine; however recent evidence suggests that some pupping may occur as far south as Manomet, MA, but does not occur in the project area.

    The best current abundance estimate of harbor seals is 75,834 (CV = 0.15) which is from a 2012 survey (Waring et al., 2015). The minimum population estimate is 66,884 based on corrected available counts along the Maine coast in 2012. It is unclear how many harbor seals use the Complex. Harbor seals are seen infrequently and only occur seasonally. USFWS staff estimate that of all the seals they observe in the Complex, approximately five percent are harbor seals.

    Sound Sources and Sound Characteristics

    NMFS does not expect acoustic stimuli to result from human presence, and will therefore not have the potential to harass marine mammals, incidental to the conduct of the proposed activities. One activity (cannon nets) may have an acoustic component, but we believe take from this activity can be avoided.

    This section includes a brief explanation of the sound measurements frequently used in the discussions of acoustic effects in this notice. Sound pressure is the sound force per unit area, and is usually measured in micropascals (µPa), where 1 pascal (Pa) is the pressure resulting from a force of one newton exerted over an area of one square meter. Sound pressure level (SPL) is the ratio of a measured sound pressure and a reference level. The commonly used reference pressure is 1 µPa for underwater, and the units for SPLs are dB re: 1 µPa. The commonly used reference pressure is 20 µPa for in air, and the units for SPLs are dB re: 20 µPa.

    SPL (in decibels (dB)) = 20 log (pressure/reference pressure).

    SPL is an instantaneous measurement expressed as the peak, the peak-peak, or the root mean square (rms). Root mean square is the square root of the arithmetic average of the squared instantaneous pressure values. All references to SPL in this document refer to the root mean square unless otherwise noted. SPL does not take into account the duration of a sound.

    Research Activities Sound Characteristics

    Activities that may have an acoustic component (e.g., cannon nets) are not expected to reach the thresholds for Level B harassment. Cannon nets could be an airborne source of noise, and have a measured SL of 128 dB at one meter (m) (estimated based on a measurement of 98.4 dB at 30 m; L. Niles, pers. comm., December 2016); however, the SPL is expected to be less than the thresholds for airborne pinniped disturbance (e.g., 90 dB for harbor seals, and 100 dB for all other pinnipeds) at 80 meters from the source. The USFWS proposes to stay at least 100 meters from all pinnipeds if cannon nets are to be used for research purposes.

    Potential Effects of Specified Activities on Marine Mammals and Their Habitat

    This section includes a summary and discussion of the ways that components of the specified activity may impact marine mammals and their habitat. The “Estimated Take by Incidental Harassment” section later in this document includes a quantitative analysis of the number of individuals that are expected to be taken by this activity. The “Negligible Impact Analysis and Determination” section considers the content of this section, the “Estimated Take by Incidental Harassment” section, and the “Proposed Mitigation” section, to draw conclusions regarding the likely impacts of these activities on the reproductive success or survivorship of individuals and how those impacts on individuals are likely to impact marine mammal species or stocks.

    Acoustic and visual stimuli generated by: (1) Vessel landings; (2) research activities (e.g., cannon nets, sign installation); and (3) human presence may have the potential to cause behavioral disturbance of pinnipeds.

    Vessel Presence and Noise

    Researchers have demonstrated temporary threshold shifts (TTS) in certain captive odontocetes and pinnipeds exposed to strong sounds (reviewed in Southall et al., 2007). In 2004, researchers measured auditory fatigue to airborne sound in harbor seals, California sea lions, and northern elephant seals after exposure to non-pulse noise for 25 minutes (Kastak et al., 2004). In the study, the harbor seal experienced approximately six dB of TTS at 99 dB re: 20 µPa. The authors identified onset of TTS in the California sea lion at 122 dB re: 20 µPa. The northern elephant seal experienced TTS-onset at 121 dB re: 20 µPa (Kastak et al., 2004).

    Pinnipeds have the potential to be disturbed by underwater noise generated by the engine of the vessel (Born et al., 1999; Richardson et al., 1995). Data on underwater TTS-onset in pinnipeds exposed to pulses are limited to a single study which exposed two California sea lions to single underwater pulses from an arc-gap transducer and found no measureable TTS following exposures up to 183 dB re: 1 µPa (peak-to-peak) (Finneran et al., 2003).

    As a general statement from the available information, pinnipeds exposed to intense (approximately 110 to 120 dB re: 20 µPa) non-pulse sounds often leave haulout areas and seek refuge temporarily (minutes to a few hours) in the water (Southall et al., 2007).

    It is likely that the initial vessel approach would cause a subset, or all of the marine mammals hauled out to flush into the water. The physical presence of the vessel could also lead to non-auditory effects on marine mammals involving visual or other cues. Noise from the vessel would not be expected to cause direct physical effects but have the potential to affect behavior. The primary factor that may influence abrupt movements of animals is engine noise, specifically changes in engine noise. Responses by mammals could include hasty dives or turns, change in course, or flushing from a haul out site.

    If pinnipeds are present on Nomans NWR when the vessel approaches, it is likely that the vessel would cause some number of the pinnipeds to flush; however, the USFWS staff would approach in a slow and controlled manner, as far away as possible from haulouts to prevent or minimize flushing. Staff would also avoid or proceed cautiously when operating boats in the direct path of swimming seals that may be present in the area as far from hauled out seals as possible.

    Human Presence

    The appearance of USFWS personnel may have the potential to cause Level B harassment of marine mammals hauled out on the beaches in the proposed action area. Disturbance includes a variety of effects, including subtle to conspicuous changes in behavior, movement, and displacement. Disturbance may result in reactions ranging from an animal simply becoming alert to the presence of the USFWS staff (e.g., turning the head, assuming a more upright posture) to flushing from the haulout site into the water. NMFS does not consider the lesser reactions to constitute Level B (behavioral) harassment. However, if pinnipeds move greater than two body lengths or make longer retreats over the beach or if already moving, make a change of direction of greater than 90 degrees or flush into the water in response to the presence of surveyors, these are indicative of disruptions of behavioral patterns and thus are Level B harassment. NMFS uses a three-point scale (Table 4) to determine which disturbance reactions constitute take under the MMPA. Levels two and three (movement and flush) are considered take, whereas Level one (alert) is not.

    Table 4—Disturbance Scale of Pinniped Responses to In-Air Sources To Determine Take Level Type of
  • response
  • Definition
    1 Alert Seal head orientation or brief movement in response to disturbance, which may include turning head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from a lying to a sitting position, or brief movement of less than twice the animal's body length. 2 * Movement Movements in response to the source of disturbance, ranging from short withdrawals at least twice the animal's body length to longer retreats over the beach, or if already moving a change of direction of greater than 90 degrees. 3 * Flush All retreats (flushes) to the water. * Only Levels 2 and 3 are considered take, whereas Level 1 is not.

    Reactions to human presence, if any, depends on species, state of maturity, experience, current activity, reproductive state, time of day, and many other factors (Richardson et al., 1995; Southall et al., 2007; Weilgart 2007). These behavioral reactions from marine mammals are often shown as: Changing durations of surfacing and dives, number of blows per surfacing, or moving direction and/or speed; reduced/increased vocal activities; changing/cessation of certain behavioral activities (such as socializing or feeding); visible startle response or aggressive behavior, avoidance of areas; and/or flight responses (e.g., pinnipeds flushing into the water from haulouts or rookeries). If a marine mammal does react briefly to human presence by changing its behavior or moving a small distance, the impacts of the change are unlikely to be significant to the individual, let alone the stock or population. However, if visual stimuli from human presence displaces marine mammals from an important feeding or breeding area for a prolonged period, impacts on individuals and populations could be significant (e.g., Lusseau and Bejder 2007; Weilgart 2007).

    Disturbances resulting from human activity can impact short- and long-term pinniped haulout behavior (Renouf et al., 1981; Schneider and Payne 1983; Terhune and Almon 1983; Allen et al., 1984; Stewart 1984; Suryan and Harvey 1999; and Kucey and Trites 2006). Numerous studies have shown that human activity can flush harbor seals off haulout sites (Allen et al., 1984; Calambokidis et al., 1991; and Suryan and Harvey 1999) or lead Hawaiian monk seals (Neomonachus schauinslandi) to avoid beaches (Kenyon 1972). In one case, human disturbance appeared to cause Steller sea lions to desert a breeding area at Northeast Point on St. Paul Island, Alaska (Kenyon 1962).

    In cases where vessels actively approached marine mammals (e.g., whale watching or dolphin watching boats), scientists have documented that animals exhibit altered behavior such as increased swimming speed, erratic movement, and active avoidance behavior (Acevedo 1991; Trites and Bain 2000; Williams et al., 2002; Constantine et al., 2003), reduced blow interval (Richter et al., 2003), disruption of normal social behaviors (Lusseau 2003; 2006), and the shift of behavioral activities which may increase energetic costs (Constantine et al., 2003; 2004).

    In 1997, Henry and Hammil (2001) conducted a study to measure the impacts of small boats (i.e., kayaks, canoes, motorboats, and sailboats) on harbor seal haulout behavior in Metis Bay, Quebec, Canada. During that study, the authors noted that the most frequent disturbances (n=73) were caused by lower speed, lingering kayaks, and canoes (33.3 percent) as opposed to motorboats (27.8 percent) conducting high-speed passes. The seal's flight reactions could be linked to a surprise factor by kayaks and canoes, which approach slowly, quietly, and low on the water making them look like predators. However, the authors note that once the animals were disturbed, there did not appear to be any significant lingering effect on the recovery of numbers to their pre-disturbance levels. In conclusion, the study showed that boat traffic at current levels has only a temporary effect on the haulout behavior of harbor seals in the Metis Bay area.

    In 2004, Acevedo-Gutierrez and Johnson (2007) evaluated the efficacy of buffer zones for watercraft around harbor seal haulout sites on Yellow Island, Washington. The authors estimated the minimum distance between the vessels and the haulout sites; categorized the vessel types; and evaluated seal responses to the disturbances. During the course of the seven-weekend study, the authors recorded 14 human-related disturbances which were associated with stopped powerboats and kayaks. During these events, hauled out seals became noticeably active and moved into the water. The flushing occurred when stopped kayaks and powerboats were at distances as far as 453 and 1,217 ft (138 and 371 m) respectively. The authors note that the seals were unaffected by passing powerboats, even those approaching as close as 128 ft (39m), possibly indicating that the animals had become tolerant of the brief presence of the vessels and ignored them. The authors reported that on average, the seals quickly recovered from the disturbances and returned to the haulout site in less than or equal to 60 minutes. Seal numbers did not return to pre-disturbance levels within 180 minutes of the disturbance less than one quarter of the time observed. The study concluded that the return of seal numbers to pre-disturbance levels and the relatively regular seasonal cycle in abundance throughout the area counter the idea that disturbances from powerboats may result in site abandonment (Acevedo-Gutierrez and Johnson 2007). As a general statement from the available information, pinnipeds exposed to intense (approximately 110 to 120 decibels re: 20 µPa) non-pulsed sounds often leave haulout areas and seek refuge temporarily (minutes to a few hours) in the water (Southall et al., 2007).

    Stampede

    There are other ways in which disturbance, as described previously, could result in more than Level B harassment of marine mammals. They are most likely to be consequences of stampeding, a potentially dangerous occurrence in which large numbers of animals succumb to mass panic and rush away from a stimulus. These situations are: (1) Falling when entering the water at high-relief locations; (2) extended separation of mothers and pups; and (3) crushing of pups by large males during a stampede. However, NMFS does not expect any of these scenarios to occur from the USFWS's research activities. There is the risk of injury if animals stampede towards shorelines with precipitous relief (e.g., cliffs). However, there are no cliffs on any of the haulout locations in the Complex. If disturbed, the small number of hauled out adult animals may move toward the water without risk of encountering barriers or hazards that would otherwise prevent them from leaving the area. Moreover, seals may flush into the water, but would not have the potential to crush other seals like sea lions do during a stampede. They may bump into each other, but this is not expected to have lethal consequences. Thus, in this case, NMFS considers the risk of injury, serious injury, or death to hauled-out animals as very low.

    Anticipated Effects on Marine Mammal Habitat

    The only habitat modification associated with the proposed activity is installation of signs on beaches where haulouts are located. Thus, NMFS does not expect that the proposed activity would have any effects on marine mammal habitat and NMFS expects that there will be no long- or short-term physical impacts to pinniped habitat in the Complex.

    The proposed activities are not expected to result in any permanent impact on habitats used by marine mammals, including prey species and foraging habitat. The main impact associated with the proposed activity will be direct effects on marine mammals from human presence at haulouts (i.e., the potential for temporary abandonment of the site), previously discussed in this notice.

    NMFS does not anticipate that the proposed research and monitoring activities would result in any permanent effects on the habitats used by the marine mammals in the proposed area, including the food sources they use (i.e., fish and invertebrates). Based on the preceding discussion, NMFS does not anticipate that the proposed activity would have any habitat-related effects that could cause significant or long-term consequences for individual marine mammals or their populations.

    Estimated Take

    This section provides an estimate of the number of incidental takes proposed for authorization through this IHA, which will inform both NMFS' consideration of whether the number of takes is “small” and the negligible impact determination.

    Harassment is the only type of take expected to result from these activities. Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

    Authorized takes would be by Level B harassment only, in the form of disruption of behavioral patterns for individual marine mammals resulting from exposure to USFWS research and monitoring surveys. NMFS expects that the presence of the USFWS personnel could disturb animals hauled out on beaches near research activities and that the animals may alter their behavior or attempt to move away from the USFWS personnel. Based on the nature of the activity, Level A harassment is neither anticipated nor proposed to be authorized.

    As described previously, no mortality is anticipated or proposed to be authorized for this activity. Below we describe how the take is estimated.

    Marine Mammal Occurrence

    In this section we provide the information about the presence, density, or group dynamics of marine mammals that will inform the take calculations.

    Gray Seal—Little information is known about gray seal age and sex distribution at the Complex. Gray seals may use Complex sites for pupping but research and monitoring activities are not performed during the breeding season, so no newborn pups will be disturbed. Group composition of individuals present at activity sites are likely to be of mixed age and sex classes.

    The greatest disturbance to gray seals is expected to occur during the beach nesting bird breeding season from April to August. During April and May, when seals are hauled out in very large numbers on the refuge, they may be present at beaches of varying widths, between 30 m and 300 m. In narrower areas, all of the seals may be disturbed; in mid-width areas, some of the younger and smaller seals may flush, but large males may remain on the beach; and in the widest area, USFWS activities may have no impact on the hauled out seals. USFWS staff conduct research and monitoring work outside of the season of highest gray seal numbers.

    Harbor Seal—Peak pupping for harbor seals is in June and occurs elsewhere, mainly on the coasts of Maine and maritime Canada. Prior to a 2001 study, it was thought that the majority of migrating harbor seals moving into New England waters were sub-adults and juveniles. The study revealed that adult seals also migrate to waters around Cape Cod (NOAA 2015b). However, data on harbor seal sex and age distribution is still insufficient to report. Harbor seals are only noted in gray seal haulouts if they are spotted by USFWS staff or researchers. USFWS staff estimate that gray seal haulouts are comprised of five percent or less harbor seals based on field observations, as harbor seals are not always seen mixed in with every gray seal haulout. Harbor seal numbers taper during the summer time when the highest level of seal disturbance occurs.

    Take Calculation and Estimation

    Here we describe how the information provided above is brought together to produce a quantitative take estimate.

    As discussed earlier, NMFS assumes that pinnipeds that move greater than two body lengths or make longer retreats over the beach, or if already moving, make a change of direction of greater than 90 degrees or flush into the water in response to the presence of surveyors, are behaviorally harassed, and thus subject to Level B taking. Take estimation is based on the number of seals observed in past research years that have been flushed during research activities.

    Table 5—Estimated Number of Gray Seal Takes per Activity at Monomoy, Nantucket, and Nomans Land Island NWRs Gray seal Age: all # takes/event Sex: Male and female # events/activity Total takes Shorebird and Seabird Monitoring and Research 1000 (Monomoy)
  • 50 (Nantucket)
  • 10 (Nomans)
  • 34 (Monomoy)
  • 8 (Nantucket)
  • 3 (Nomans)
  • 34,430
  • Roseate Tern Staging Counts and Resighting 10 (Monomoy)
  • 10 (Nantucket)
  • 6 (Monomoy)
  • 4 (Nantucket)
  • 100
  • Red Knot Stopover Study 250 (Monomoy)
  • 150 (Cape Cod)
  • 5 (Monomoy)
  • 5 (Cape Cod)
  • 2,000
  • Northeastern Beach Tiger Beetle Census 750 (Monomoy) 3 (Monomoy) 2,250 Coastal Shoreline Change Survey 500 (Monomoy) 1 (Monomoy) 500 Total 39,280

    Take estimates were based on NOAA unpublished data (Table 3) and USFWS field observations. While the average number of gray seals present (in regards to Monomoy) from April until August is greater than what is reflected in Table 5, not every hauled out seal on the beach is impacted from each activity, and not all seals are impacted from every activity event. This is especially true for Monomoy NWR because the seal haulout stretches across 4+ miles of beach, whereas the haulouts on Nomans NWR and Nantucket NWR are more compact at a central location.

    For shorebird and seabird monitoring and research on Monomoy, an average 1,000 gray seals was estimated based on Table 3 unpublished data and field observations of staff working on the island. Seals on South Monomoy Island will haul out in groups along the Atlantic shoreline. Although gray seals will haul out daily on South Monomoy, they will not always be present in the same location every day, and will haul out during different times of the day in accordance with the tide. USFWS staff face the greatest difficulty avoiding seals along the narrow shoreline sections of the island at the south end of South Monomoy Island. Seal haulouts can be readily avoided given the width of the beach and availability of preferred nesting beach bird habitat located closer to the dunes. While the average number of gray seals hauled out on South Monomoy between April and August is 9,000, an average of 1,000 individuals (at any given time) better describes the number of seals staff come into contact with (Table 5). USFWS staff monitor beach birds along the 4+ mile Atlantic shoreline of South Monomoy 5-6 days a week (Table 1). It is important to note that the entire extent of the shoreline is not monitored every day. Staff monitor as many areas as time allows, although there are some days when the north or south end of the island are not visited. Disturbance does not always occur when seal haulout areas are visited. During the 17 week nesting season, USFWS estimates that seals are disturbed during shorebird and seabird monitoring twice a week. This equates to 34 events of disturbance. The same ideology and number of events was applied to Nantucket for this activity (Table 5). Nomans Land NWR is only visited twice a year during the spring and summer, and the number of takes per event is based on observations of staff visiting the island.

    The number of gray seal takes per roseate tern staging count and resighting event was estimated based on staff observations from previous surveys. Seals are rarely disturbed during this activity, as roseate terns generally prefer to roost on flats or open sand, while seals prefer to haul out on the shoreline of South Monomoy and Nantucket. However, disturbance is possible if roseate terns roost adjacent to the northern end of the haulout area on South Monomoy Island or the haulout on Nantucket. The number of resighting events is based on previous year's survey efforts.

    The number of gray seal takes provided for the red knot study were derived from previous year's efforts and staff observation. Trapping does not always occur on South Monomoy Island, and in fact did not occur there in 2017. Trapping locations are chosen based on reconnaissance efforts conducted to locate red knot roosts. When trapping is conducted on South Monomoy Island, the cannon nets are set in one location along the Atlantic shoreline and are not moved for the remainder of the trapping effort. Therefore, only the haulouts closest to the trapping site may be affected, which the USFWS estimates to be around 250 seals (Table 5). Gray seal numbers for Cape Cod were provided from seal surveys conducted by the Provincetown Center for Coastal Studies. The number of events per red knot trapping activity reflects previous year's efforts. Trapping does not occur if a seal haulout is located within 100 m of a red knot roost.

    The number of gray seal takes estimated for Northeastern beach tiger beetle census is based on USFWS staff observation. This activity usually takes two to three days to conduct and results in some seal disturbance. The number of takes provided for the coastal shoreline change survey is based on unpublished data from NOAA for the month of October (Table 3). Monomoy no longer conducts shoreline surveys in the spring when seal haulouts are at their highest numbers; only one survey is conducted in the fall.

    It is unclear exactly how many harbor seals occur at the Complex, therefore it is difficult to determine how many takes occur since harbor seals are mainly present during the off season when research and monitoring is limited. Harbor seals are not present at all gray seal haulouts but at haulouts where both species are present, USFWS staff estimate that gray seal haulouts during the summer are comprised of 5 percent or less harbor seals. Due to the lack of available data on presence, harbor seal takes are not broken down by activity or site. Rather, the number of harbor seal Level B takes requested was calculated by taking 5 percent of the total gray seal take estimate. USFWS is requesting 1,964 Level B takes of harbor seals incidental to research and monitoring activities.

    These incidental harassment take numbers represent less than three percent of the affected stocks of harbor seals. Under the 2017 draft SARs, the take number of gray seals exceeds the stock abundance estimate in U.S. waters (Table 6). However, actual take may be slightly less if animals decide to haul out at a different location for the day or if animals are foraging at the time of the survey activities. The number of individual seals taken is also assumed to be less than the take estimate since these species show high philopatry (Waring et al., 2016; Wood et al., 2011). We expect the take numbers to represent the number of exposures, but assume that the same seals may be behaviorally harassed over multiple days, and the likely number of individual seals that may be harassed would be less. In addition, this project occurs in a small portion of the overall range of the Northwest Atlantic population of gray seals. While there is evidence of haulout site philopatry, resights of tagged and branded animals and satellite tracks of tagged animals show movement of individuals between the U.S. and Canada (Puryear et al., 2016). The percentage of time that individuals are resident in U.S. waters is unknown (NMFS 2017). Genetic evidence provides a high degree of certainty that the Western North Atlantic stock of gray seals is a single stock (Boskovic et al., 1996; Wood et al., 2011). Thus, although the U.S. stock estimate is only 27,131, the overall stock abundance is 451,131. The gray seal take estimate for this project represents less than nine percent of the overall Western North Atlantic stock abundance in U.S. and Canadian waters (Table 6).

    Table 6—Percentage of Stock Affected by the Number of Takes per Species Species Level B Stock abundance 1 % Population Gray seal 39,280 2 27,131 (451,131) 144.8 (8.71) Harbor seal 1,964 75,834 2.59 1 NMFS 2017. 2 Overall Western North Atlantic stock abundance. Proposed Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, “and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking” for certain subsistence uses (latter not applicable for this action). NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting such activity or other means of effecting the least practicable adverse impact upon the affected species or stocks and their habitat (50 CFR 216.104(a)(11)).

    In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, we carefully consider two primary factors:

    (1) The manner in which, and the degree to which, the successful implementation of the measure(s) is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat. This considers the nature of the potential adverse impact being mitigated (likelihood, scope, range). It further considers the likelihood that the measure will be effective if implemented (probability of accomplishing the mitigating result if implemented as planned) the likelihood of effective implementation (probability implemented as planned); and

    (2) The practicability of the measures for applicant implementation, which may consider such things as cost, impact on operations, and, in the case of a military readiness activity, personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity.

    Mitigation for Marine Mammals and Their Habitat

    Time and Frequency—The USFWS would conduct research activities throughout the course of the year between April 1 and November 30, 2018, outside of the seasons of highest seal abundance and pupping at the Complex.

    Vessel Approach and Timing Techniques—The USFWS would ensure that its vessel approaches to beaches with pinniped haulouts would be conducted so as to not disturb marine mammals as most practicable. To the extent possible, the vessel would approach the beaches in a slow and controlled approach, as far away as possibly from haulouts to prevent or minimize flushing. Staff would also avoid or proceed cautiously when operating boats in the direct path of swimming seals that may be present in the area.

    Avoidance of Acoustic Impacts from Cannon Nets—Cannon nets have a measured SL of 128 dB at one meter (m) (estimated based on a measurement of 98.4 dB at 30 m; L. Niles, pers. comm., December 2016); however, the SPL is expected to be less than the thresholds for airborne pinniped disturbance (e.g., 90 dB for harbor seals, and 100 dB for all other pinnipeds) at 80 yards from the source. The USFWS proposes to stay at least 100 meters from all pinnipeds if cannon nets are to be used for research purposes.

    Avoidance of Visual and Acoustic Contact with People—The USFWS would instruct its members and research staff to avoid making unnecessary noise and not expose themselves visually to pinnipeds whenever practicable. USFWS staff would stay at least 50 yards from hauled out pinnipeds, unless it is absolutely necessary to approach seals closer, or potentially flush a seal, in order to continue conducting endangered species conservation work. When disturbance is unavoidable, staff will work quickly and efficiently to minimize the length of disturbance. Researchers and staff will do so by proceeding in a slow and controlled manner, which allows for the seals to slowly flush into the water. Staff will also maintain a quiet working atmosphere, avoiding loud noises, and using hushed voices in the presence of hauled out pinnipeds. Pathways of approach to the desired study or nesting site will be chosen to minimize seal disturbance if an activity event may result in the disturbance of seals. USFWS staff will scan the surrounding waters near the haulouts, and if predators (i.e., sharks) are seen, seals will not be flushed by USFWS staff.

    Researchers, USFWS staff, and volunteers will be properly informed about the MMPA take prohibitions, and will educate the public on the importance of not disturbing marine mammals, when applicable. Staff at Nantucket NWR will remain present on the beaches utilized by pinnipeds to prevent anthropogenic disturbance during times of high public use (late spring to early fall). Staff at Monomoy NWR will also be present on beaches utilized by seals during the same time of year, and will inform the public to keep a distance from haulouts if an issue is noticed. Similar to the USFWS, the NPS also takes precautionary mitigation to help prevent seal take by the public. In August and on the weekends in September, staff and volunteers are present on the National Seashore beaches to share with the public the importance of preventing disturbance to seals by keeping people at a proper viewing distance of at least 50 yards.

    The presence/proximity of seal haulouts and the loud sound created by the firing of cannon nets are taken into consideration when selecting trapping sites for the Red Knot Stopover Study. Trapping sites are decided based on the presence of red knots, the number of juveniles located within roosts, and the observation of birds with attached geolocators and flags. Sites are not trapped on if there is a strong possibility of disturbing seals (i.e., closer than 100 meters). The Red Knot Stopover Study occurs during the time of year (July to September) when the least number of seals are present at the activity sites.

    The proposed mitigation measures are designed to minimize the potential for behavioral harassment of pinnipeds hauled out near the survey sites. The proposed surveys occur outside of the period of highest seal abundance at the Complex. While the survey timing overlaps with harbor seal pupping season, pupping is not known to occur at the Complex. Gray seal pupping has been documented at the Complex but generally occurs between December and February, when USFWS staff will not be conducting surveys. We believe the proposed mitigation measures are practicable for the applicant to implement.

    Based on our evaluation of the applicant's proposed measures, NMFS has preliminarily determined that the proposed mitigation measures provide the means effecting the least practicable impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

    Proposed Monitoring and Reporting Monitoring

    In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth, “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area. Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring.

    Monitoring and reporting requirements prescribed by NMFS should contribute to improved understanding of one or more of the following:

    • Occurrence of marine mammal species or stocks in the area in which take is anticipated (e.g., presence, abundance, distribution, density);

    • Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) Action or environment (e.g., source characterization, propagation, ambient noise); (2) affected species (e.g., life history, dive patterns); (3) co-occurrence of marine mammal species with the action; or (4) biological or behavioral context of exposure (e.g., age, calving or feeding areas).

    • Individual marine mammal responses (behavioral or physiological) to acoustic stressors (acute, chronic, or cumulative), other stressors, or cumulative impacts from multiple stressors;

    • How anticipated responses to stressors impact either: (1) Long-term fitness and survival of individual marine mammals; or (2) populations, species, or stocks;

    • Effects on marine mammal habitat (e.g., marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat); and

    • Mitigation and monitoring effectiveness.

    As part of its IHA application, the USFWS proposes to conduct marine mammal monitoring, in order to implement the mitigation measures that require real-time monitoring, and satisfy the monitoring requirements of the proposed IHA. These include:

    Monitoring seals as project activities are being conducted. Proposed monitoring requirements in relation to the USFWS's proposed activities would include species counts, numbers of observed disturbances, and descriptions of the disturbance behaviors during the research activities, including location, date, and time of the event. In addition, the USFWS would record observations regarding the number and species of any marine mammals either observed in the water or hauled out. Behavior of seals will be recorded on a three point scale: 1= alert reaction, not considered harassment; 2= moving at least two body lengths, or change in direction greater than 90 degrees; 3= flushing (Table 4). USFWS staff would also record and report all observations of sick, injured, or entangled marine mammals on Monomoy NWR to the International Fund for Animal Welfare (IFAW) marine mammal rescue team, and will report to NOAA if injured seals are found at Nantucket NWR and Nomans NWR. Tagged or marked marine mammals will also be recorded and reported to the appropriate research organization or Federal agency, as well as any rare or unusual species of marine mammal. Photographs will be taken when possible. This information will be incorporated into a report for NMFS at the end of the season. The USFWS will also coordinate with any university, state, or Federal researchers to attain additional data or observations that may be useful for monitoring marine mammal usage at the activity sites.

    If at any time injury, serious injury, or mortality of the species for which take is authorized should occur, or if take of any kind of other marine mammal occurs, and such action may be a result of the USFWS's activities, the USFWS would suspend research activities and contact NMFS immediately to determine how best to proceed to ensure that another injury or death does not occur and to ensure that the applicant remains in compliance with the MMPA.

    Reporting

    The USFWS would submit a draft report to NMFS Office of Protected Resources no later than 90 days after the conclusion of research and monitoring activities in the 2018 season. The report will include a summary of the information gathered pursuant to the monitoring requirements set forth in the proposed IHA. The USFWS will submit a final report to NMFS within 30 days after receiving comments from NMFS on the draft report. If the USFWS receives no comments from NMFS on the draft report, NMFS will consider the draft report to be the final report.

    The report will describe the operations conducted and sightings of marine mammals near the proposed project. The report will provide full documentation of methods, results, and interpretation pertaining to all monitoring. The report will provide:

    1. A summary and table of the dates, times, and weather during all research activities;

    2. Species, number, location, and behavior of any marine mammals observed throughout all monitoring activities;

    3. An estimate of the number (by species) of marine mammals exposed to human presence associated with the USFWS's activities; and

    4. A description of the implementation and effectiveness of the monitoring and mitigation measures of the IHA and full documentation of methods, results, and interpretation pertaining to all monitoring.

    In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by the authorization, such as an injury (Level A harassment), serious injury, or mortality (e.g., stampede), USFWS personnel shall immediately cease the specified activities and immediately report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the Northeast Regional Stranding Coordinator. The report must include the following information:

    • Time, date, and location (latitude/longitude) of the incident;

    • Description and location of the incident (including water depth, if applicable);

    • Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility);

    • Description of all marine mammal observations in the 24 hours preceding the incident;

    • Species identification or description of the animal(s) involved;

    • Fate of the animal(s); and

    • Photographs or video footage of the animal(s) (if equipment is available).

    The USFWS shall not resume its activities until NMFS is able to review the circumstances of the prohibited take. We will work with the USFWS to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. The USFWS may not resume their activities until notified by us via letter, email, or telephone.

    In the event that the USFWS discovers an injured or dead marine mammal, and the marine mammal observer determines that the cause of injury or death is unknown and the death is relatively recent (i.e., in less than a moderate state of decomposition as we describe in the next paragraph), the USFWS will immediately report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the Northeast Regional Stranding Coordinator. The report must include the same information identified in the paragraph above this section. Activities may continue while NMFS reviews the circumstances of the incident. NMFS would work with the USFWS to determine whether modifications in the activities are appropriate.

    In the event that the USFWS discovers an injured or dead marine mammal, and the lead visual observer determines that the injury or death is not associated with or related to the authorized activities (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), the USFWS will report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the Northeast Regional Stranding Coordinator within 24 hours of the discovery. The USFWS personnel will provide photographs or video footage (if available) or other documentation of the stranded animal sighting to us. The USFWS can continue their survey activities while NMFS reviews the circumstances of the incident.

    Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival” (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population-level effects). An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through harassment, NMFS considers other factors, such as the likely nature of any responses (e.g., intensity, duration), the context of any responses (e.g., critical reproductive time or location, migration), as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989 preamble for NMFS's implementing regulations (54 FR 40338; September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the environmental baseline (e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels).

    Although the USFWS's survey activities may disturb a small number of marine mammals hauled out on beaches in the Complex, NMFS expects those impacts to occur to a localized group of animals. Marine mammals would likely become alert or, at most, flush into the water in reaction to the presence of the USFWS personnel during the proposed activities. Much of the disturbance will be limited to a short duration, allowing marine mammals to reoccupy haulouts within a short amount of time. Thus, the proposed action is unlikely to result in long-term impacts such as permanent abandonment of the area because of the availability of alternate areas for pinnipeds to avoid the resultant acoustic and visual disturbances from the research activities.

    The USFWS's activities would occur during the least sensitive time (e.g., April through November, outside of the pupping season) for hauled out pinnipeds in the Complex. Thus, pups or breeding adults would not be present during the proposed activity days.

    Moreover, the USFWS's mitigation measures regarding vessel approaches and procedures that attempt to minimize the potential to harass the seals would minimize the potential for flushing and large-scale movements. Thus, the potential for large-scale movements and flushing leading to injury, serious injury, or mortality is low.

    In summary and as described above, the following factors primarily support our preliminary determination that the impacts resulting from this activity are not expected to adversely affect the species or stock through effects on annual rates of recruitment or survival:

    • No injury (Level A harassment) or serious injury is anticipated or authorized;

    • No mortality is anticipated or authorized;

    • Impacts will occur to a localized group of animals;

    • Disturbance will be limited to a short duration, allowing marine mammals to reoccupy haulouts within a short amount of time;

    • Activities will occur during the least sensitive time (e.g., April through November, outside of pupping season) for pinnipeds hauled out in the Complex, therefore no pups or breeding adults would be present during the proposed activity days; and

    • The USFWS's mitigation measures regarding visual and acoustic disturbance to hauled out pinnipeds would minimize the potential for flushing and large-scale movements, therefore the potential for large-scale movements and flushing leading to injury, serious injury, or mortality is low;

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed monitoring and mitigation measures, NMFS preliminarily finds that the total marine mammal take from the proposed activity will have a negligible impact on all affected marine mammal species or stocks.

    Small Numbers

    As noted above, only small numbers of incidental take may be authorized under section 101(a)(5)(D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities.

    NMFS estimates that the USFWS's proposed activities could potentially take, by Level B harassment only, two species of marine mammal under our jurisdiction. For each species, these estimates are small numbers (less than three percent of the affected stock of harbor seals and less than eight percent of the stock of gray seals) relative to the population size (Table 6). As stated before, the number of individual seals taken is also assumed to be less than the take estimate (number of exposures) since we assume that the same seals may be behaviorally harassed over multiple days.

    Based on the analysis contained herein of the proposed activity (including the proposed mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS preliminarily finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks.

    Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine mammal stocks or species implicated by this action. Therefore, NMFS has preliminarily determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

    Endangered Species Act (ESA)

    No incidental take of ESA-listed species is proposed for authorization or expected to result from this activity. Therefore, NMFS has determined that formal consultation under section 7 of the ESA is not required for this action.

    Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to issue an IHA to the USFWS for conducting research activities at the Eastern MA NWR locations, from April 1, 2018 through November 30, 2018, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. This section contains a draft of the IHA itself. The wording contained in this section is proposed for inclusion in the IHA (if issued).

    Proposed Authorization Language

    The United States Fish and Wildlife Service, Eastern Massachusetts National Wildlife Refuge Complex (USFWS) is hereby authorized under section 101(a)(5)(D) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1371(a)(5)(D)) to harass marine mammals incidental to conducting research activities in the Eastern Massachusetts National Wildlife Refuge Complex (Complex), when adhering to the following terms and conditions.

    1. This Incidental Harassment Authorization (IHA) is valid from April 1, 2018 through March 31, 2019.

    2. This IHA is valid only for activities associated with the research activities and human presence in the Complex.

    3. General Conditions.

    (a) A copy of this IHA must be in the possession of the USFWS, its designees, and work crew personnel operating under the authority of this IHA.

    (b) The species authorized for taking are the gray seal (Halichoerus grypus atlantica) and the harbor seal (Phoca vitulina concolor).

    (c) The taking, by Level B harassment only, is limited to the species listed in condition 3(b). The authorized take numbers are shown below:

    (i) 2,147 harbor seals.

    (ii) 39,680 gray seals.

    (d) The taking by injury (Level A harassment), serious injury, or death of any of the species listed in condition 3(b) of the Authorization or any taking of any other species of marine mammal is prohibited and may result in the modification, suspension, or revocation of this IHA.

    (e) The USFWS shall conduct briefings between survey crews, marine mammal monitoring team, and Complex staff prior to the start of all research and monitoring activities, and when new personnel join the work, in order to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures.

    (f) The USFWS may not conduct activities between the dates of December 1, 2018 and March 31, 2019.

    4. Mitigation Measures.

    The holder of this Authorization is required to implement the following mitigation measures:

    (a) Research activities shall be conducted only between April 1, 2018 and November 30, 2018.

    (b) Ensure that vessel approaches to Nomans NWR shall be such that the techniques are least disturbing to marine mammals. The vessel must conduct a slow and controlled approach to the island as far away as possible from haulouts. USFWS staff shall avoid operating boats in the direct path of swimming seals that may be present in the area unless seals are in the only safe path to the beach.

    (c) Provide instructions to USFWS staff and team members on appropriate conduct in the vicinity of hauled out marine mammals. The USFWS research teams shall maintain a quiet working atmosphere by avoiding making unnecessary noise and by using hushed voices while near hauled out seals; shall remain at least 50 yards (yd) from seals unless absolutely necessary to conduct endangered species conservation work; and shall choose pathways to study sites that will minimize disturbance to seals.

    (d) Ensure cannon nets will not be used closer than 100 m from seals.

    (e) Ensure that the waters surrounding the haulouts are free of predators (e.g., sharks) before USFWS staff flush seals from the haulouts.

    5. Monitoring.

    The holder of this Authorization is required to conduct marine mammal monitoring during seabird and shorebird research. Monitoring and reporting shall be conducted in accordance with the Monitoring Plan. The holder of this IHA is required to:

    (a) Monitor seals when research activities are conducted in the presence of marine mammals.

    (b) Record the date, time, and location (or closest point of ingress) of each of the research activities in the presence of marine mammals.

    (c) Collect the following information for each visit:

    (i) Information on the numbers (by species) of marine mammals observed during the activities, by age and sex, if possible;

    (ii) The estimated number of marine mammals (by species) that may have been harassed during the activities based on the 3-point disturbance scale;

    (iii) Any behavioral responses or modifications of behaviors that may be attributed to the specific activities (e.g., flushing into water, becoming alert and moving, rafting);

    (iv) The date, location, and start and end times of the event;

    (v) Information on the weather, including the tidal state and horizontal visibility; and

    (vi) Observations of sick, injured, or entangled marine mammals, and any tagged or marked marine mammals. Photographs will be taken when possible.

    6. Reporting.

    The holder of this Authorization is required to:

    (a) Submit a draft report on all monitoring conducted under the IHA within 90 calendar days of the completion of seabird and shorebird research and monitoring activities. A final report shall be prepared and submitted within thirty days following resolution of comments on the draft report from NMFS. This report must contain the informational elements described in the Monitoring Plan, at minimum (see attached), and shall also include:

    (i) A summary of the dates, times, and weather during all research activities;

    (ii) Species, number, location, and behavior of any marine mammals, observed throughout all monitoring activities;

    (iii) An estimate of the number (by species) of marine mammals that are known to have been exposed to visual and acoustic stimuli associated with the research activities; and

    (iv) A description of the implementation and effectiveness of the monitoring and mitigation measures of the IHA and full documentation of methods, results, and interpretation pertaining to all monitoring.

    (b) Reporting injured or dead marine mammals:

    (i) In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by this IHA, such as an injury (Level A harassment), serious injury, or mortality, the USFWS shall immediately cease the specified activities and report the incident to the Office of Protected Resources (301-427-8461), NMFS, and the Greater Atlantic Regional Stranding Coordinator (978-282-8478), NMFS. The report must include the following information:

    1. Time and date of the incident;

    2. Description of the incident;

    3. Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility);

    4. Description of all marine mammal observations and active sound source use in the 24 hours preceding the incident;

    5. Species identification or description of the animal(s) involved;

    6. Fate of the animal(s); and

    7. Photographs or video footage of the animal(s).

    Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with the USFWS to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. The USFWS may not resume their activities until notified by NMFS.

    (ii) In the event that the USFWS discovers an injured or dead marine mammal, and the lead observer determines that the cause of the injury or death is unknown and the death is relatively recent (e.g., in less than a moderate state of decomposition), the USFWS shall immediately report the incident to the Office of Protected Resources, NMFS, and the Greater Atlantic Regional Stranding Coordinator, NMFS.

    The report must include the same information identified in 6(b)(i) of this IHA. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with the USFWS to determine whether additional mitigation measures or modifications to the activities are appropriate.

    (iii) In the event that the USFWS discovers an injured or dead marine mammal, and the lead observer determines that the injury or death is not associated with or related to the activities authorized in the IHA (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), the USFWS shall report the incident to the Office of Protected Resources, NMFS, and the Greater Atlantic Regional Stranding Coordinator, NMFS, within 24 hours of the discovery. The USFWS shall provide photographs or video footage or other documentation of the stranded animal sighting to NMFS.

    7. This Authorization may be modified, suspended or withdrawn if the holder fails to abide by the conditions prescribed herein, or if NMFS determines the authorized taking is having more than a negligible impact on the species or stock of affected marine mammals.

    Request for Public Comments

    We request comment on our analyses, the proposed authorization, and any other aspect of this Notice of Proposed IHA for the proposed research and monitoring project. We also request comment on the potential for renewal of this proposed IHA as described in the paragraph below. Please include with your comments any supporting data or literature citations to help inform our final decision on the request for MMPA authorization.

    On a case-by-case basis, NMFS may issue a second one-year IHA without additional notice when 1) another year of identical or nearly identical activities as described in the Specified Activities section is planned or 2) the activities would not be completed by the time the IHA expires and a second IHA would allow for completion of the activities beyond that described in the Dates and Duration section, provided all of the following conditions are met:

    • A request for renewal is received no later than 60 days prior to expiration of the current IHA.;

    • The request for renewal must include the following:

    (1) An explanation that the activities to be conducted beyond the initial dates either are identical to the previously analyzed activities or include changes so minor (e.g., reduction in pile size) that the changes do not affect the previous analyses, take estimates, or mitigation and monitoring requirements;

    (2) A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized; and

    • Upon review of the request for renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures remain the same and appropriate, and the original findings remain valid.

    Dated: February 28, 2018. Donna Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-04440 Filed 3-5-18; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 170831846-8105-02] RIN 0648-BH21 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Testing and Training Activities Conducted in the Eglin Gulf Test and Training Range in the Gulf of Mexico AGENCY:

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

    ACTION:

    Notice of issuance of Letter of Authorization.

    SUMMARY:

    In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notice is hereby given that a Letter of Authorization (LOA) has been issued to the United States Air Force (USAF) 96th Civil Engineer Group/Environmental Planning Office (96 CEG/CEIEA) at Eglin Air Force Base (AFB) to take marine mammals incidental to testing and training activities in the Eglin Gulf Test and Training Range (EGTTR) in the Gulf of Mexico over the course of five years. These activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act of 2004 (NDAA).

    DATES:

    This LOA is valid from February 13, 2018 through February 12, 2023.

    ADDRESSES:

    The LOA and supporting documents may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/military.htm. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT).

    FOR FURTHER INFORMATION CONTACT:

    Rob Pauline, Office of Protected Resources, NMFS, 301-427-8401.

    SUPPLEMENTARY INFORMATION: Background

    Section 101(a)(5)(A) of the MMPA directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and regulations are issued. Under the MMPA, the term “take” means to harass, hunt, capture, or kill or to attempt to harass, hunt, capture, or kill marine mammals. NMFS has been delegated the authority to issue regulations and Letters of Authorizations allowing the take of marine mammals incidental to specified activities.

    The NDAA (Pub. L. 108-136) removed the “small numbers” and “specified geographical region” limitations indicated above and amended the definition of “harassment” as it applies to a “military readiness activity” to read as follows (Section 3(18)(B) of the MMPA): “(i) Any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) Any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered (Level B Harassment).”

    An authorization for incidental taking shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s); will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant); and, if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

    Regulations governing the taking of individuals of two species of marine mammals, by Level A and Level B harassment, incidental to Eglin AFB testing and training activities in the EGTTR are valid from February 13, 2018 through February 12, 2023 and are codified at 50 CFR part 218, subpart G. The regulations include mitigation, monitoring, and reporting requirements. Pursuant to those regulations, NMFS issued a five-year LOA on February 8, 2018. For detailed information on this action, please refer to the February 8, 2018 Federal Register notice (83 FR 5545) and 50 CFR part 218, subpart G.

    Summary of Request

    On April 15, 2017, NMFS received a request for regulations from Eglin AFB for the taking of marine mammals incidental to testing and training activities in the EGTTR (defined as the area and airspace over the Gulf of Mexico controlled by Eglin AFB, beginning at a point three nautical miles (NM) off the coast of Florida) for a period of five years. On August 24, 2017, we published a notice of receipt of Eglin AFB's application in the Federal Register (82 FR 40141), requesting comments and information for thirty days related to Eglin AFB's request. We subsequently published a notice of proposed rulemaking in the Federal Register on December 27, 2017 (82 FR 61372), again requesting public comments. To support issuance of the LOA, NMFS adopted the USAF's 2015 Eglin Gulf Test and Training Range Environmental Assessment and issued a Finding of No Significant Impact (FONSI) on February 2, 2018. The final rule (83 FR 5545, February 8, 2018) and Eglin AFB's EA include a complete description of the specified training activities incidental to which NMFS is authorizing take of marine mammals. Air-to-surface exercises involving surface and subsurface live munition detonations are the stressors most likely to result in impacts on marine mammals that could rise to the level of harassment.

    Authorization

    We have issued a LOA to Eglin AFB authorizing the take of marine mammals, by harassment, incidental to testing and training activities on the EGTTR. The level and type of take authorized by the LOA is the same as the level and type of take analyzed in and covered by the final rule (83 FR 5545, February 8, 2018). Take by mortality or serious injury is not anticipated or authorized. Take of marine mammals will be minimized through implementation of mitigation and monitoring measures, including: Mission delay during live ordnance mission activities if protected species, large schools of fish, or large flocks of birds are observed feeding at the surface within the zone of influence; mission delay if daytime weather and/or sea conditions preclude adequate monitoring for detecting marine mammals and other marine life; aborting activities for remainder of day if one or more sperm or baleen whales are detected during pre-mission monitoring activities; and ramp-up procedures will be implemented for gunnery operations. Eglin AFB is required to also comply with monitoring and reporting measures under 50 CFR 218.65 which includes use of vessel-based monitoring, aerial-based monitoring and video-based monitoring via live high-definition video feed; employment of marine mammal monitors who have completed Eglin's Marine Species Observer Training; and submission of monitoring reports that will record all occurrences of marine mammals and any behavior or behavioral reactions observed, any observed incidents of injury or behavioral harassment, and any required mission delays. Additionally, the rule and LOA include an adaptive management component that allows for timely modification of mitigation or monitoring measures based on new information, when appropriate. For full details on the mitigation, monitoring, and reporting requirements, please refer to the final rule (83 FR 5545; February 8, 2018).

    Issuance of the LOA is based on findings, described in the preamble to the final rule, that the total taking of marine mammals incidental to the testing and training activities in the EGTTR will have a negligible impact on the affected marine mammal species or stocks and will not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

    The LOA will remain valid through February 12, 2023, provided Eglin AFB remains in conformance with the conditions of the regulations and the LOA, including the mitigation, monitoring, and reporting requirements described in 50 CFR part 218, subpart G and the LOA.

    Dated: February 28, 2018. Donna Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2018-04472 Filed 3-5-18; 8:45 am] BILLING CODE 3510-22-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION Community Bank Advisory Council Meeting AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    Under the Federal Advisory Committee Act (FACA), this notice sets forth the announcement of a public meeting of the Community Bank Advisory Council (CBAC or Council) of the Consumer Financial Protection Bureau (Bureau or CFPB). The notice also describes the functions of the Council.

    DATES:

    The meeting date is Thursday, March 22, 2018, 9:00 a.m. to 12:00 p.m.; 1:15 p.m. to 3:30 p.m. eastern daylight time. The CBAC Card, Payment, and Deposits Markets Subcommittee, CBAC Consumer Lending Subcommittee, and CBAC Mortgages and Small Business Lending Markets Subcommittee will take place on Thursday, March 22, 2018, 1:15 p.m. to 2:15 p.m. eastern daylight time.

    ADDRESSES:

    The meeting location is the Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.

    FOR FURTHER INFORMATION CONTACT:

    Crystal Dully, Outreach and Engagement Associate, 202-435-9588, [email protected], Consumer Advisory Board and Councils Office, External Affairs, 1700 G Street NW, Washington, DC 20552. If you require this document in an alternative electronic format, please contact [email protected].

    SUPPLEMENTARY INFORMATION: I. Background

    Section 2 of the CBAC Charter provides: Pursuant to the executive and administrative powers conferred on the Bureau by section 1012 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the Director established the Community Bank Advisory Council under agency authority.

    Section 3 of the CBAC Charter states: “The purpose of the Advisory Council is to advise the Bureau in the exercise of its functions under the federal consumer financial laws as they pertain to community banks with total assets of $10 billion or less”

    II. Agenda

    The Community Bank Advisory Council will discuss a call for evidence, regulatory updates, and the Home Mortgage Disclosure Act (HMDA).

    Persons who need a reasonable accommodation to participate should contact [email protected], 202-435-9EEO, 1-855-233-0362, or 202-435-9742 (TTY) at least ten business days prior to the meeting or event to request assistance. The request must identify the date, time, location, and title of the meeting or event, the nature of the assistance requested, and contact information for the requester. CFPB will strive to provide, but cannot guarantee that accommodation will be provided for late requests.

    Written comments will be accepted from interested members of the public and should be sent to [email protected], a minimum of seven (7) days in advance of the meeting. The comments will be provided to the CBAC members for consideration. Individuals who wish to attend the Community Bank Advisory Council meeting must RSVP to [email protected] by noon, Wednesday, March 21, 2018. Members of the public must RSVP by the due date and must include “CBAC” in the subject line of the RSVP.

    III. Availability

    The Council's agenda will be made available to the public on Wednesday March 7, 2018, via consumerfinance.gov. Individuals should express in their RSVP if they require a paper copy of the agenda.

    A recording and summary of this meeting will be available after the meeting on the CFPB's website consumerfinance.gov.

    Dated: February 28, 2018. Kirsten Sutton, Chief of Staff, Bureau of Consumer Financial Protection.
    [FR Doc. 2018-04438 Filed 3-5-18; 8:45 am] BILLING CODE 4810-AM-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB-2 018-0006] Request for Information Regarding Bureau Public Reporting Practices of Consumer Complaint Information AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for information.

    SUMMARY:

    The Bureau of Consumer Financial Protection (Bureau) is seeking comments and information from interested parties to assist the Bureau in assessing potential changes that can be implemented to the Bureau's public reporting practices of consumer complaint information, consistent with law, to consider whether any changes to the practices would be appropriate.

    DATES:

    Comments must be received by June 4, 2018.

    ADDRESSES:

    You may submit responsive information and other comments, identified by Docket No. CFPB-2018-0006, by any of the following methods:

    Electronic: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

    Email: [email protected] Include Docket No. CFPB-2018-0006 in the subject line of the message.

    Mail: Comment Intake, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.

    Hand Delivery/Courier: Comment Intake, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.

    Instructions: The Bureau encourages the early submission of comments. All submissions must include the document title and docket number. Please note the number of the topic on which you are commenting at the top of each response (you do not need to address all topics). Because paper mail in the Washington, DC area and at the Bureau is subject to delay, commenters are encouraged to submit comments electronically. In general, all comments received will be posted without change to http://www.regulations.gov. In addition, comments will be available for public inspection and copying at 1700 G Street NW, Washington, DC 20552, on official business days between the hours of 10 a.m. and 5 p.m. eastern time. You can make an appointment to inspect the documents by telephoning 202-435-7275.

    All submissions in response to this request for information, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Proprietary information or sensitive personal information, such as account numbers or Social Security numbers, or names of other individuals, should not be included. Submissions will not be edited to remove any identifying or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Darian Dorsey, Deputy Assistant Director, Office of Consumer Response, at 202-435-7268. If you require this document in an alternative electronic format, please contact [email protected]

    SUPPLEMENTARY INFORMATION:

    An important aspect of the Bureau's mission is hearing directly from the American public about their experiences in the consumer financial marketplace. Pursuant to 12 U.S.C. 5511(c)(2), “collecting, investigating, and responding to consumer complaints” is one of the six statutory “primary functions” of the Bureau. Since it began collecting complaints in July 2011, the Bureau has published a variety of reports analyzing complaints and responses. Some of these reports are specifically required by the Act.1 Others are intended to meet the Bureau's objective of ensuring “markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation.” 2

    1 12 U.S.C. 5493(b)(3)(C), 5496(c)(4).

    2 12 U.S.C. 5511(b)(5).

    Reports Required by the Act

    The Act requires the Bureau to provide certain information to Congress about complaints and responses. In particular, 12 U.S.C. 5493(b)(3)(C) requires the Bureau to report annually to Congress information and analysis about complaint numbers, types, and, where applicable, resolution. 12 U.S.C. 5496(c)(4) requires the Bureau to submit semi-annual reports to the President and certain congressional committees covering a range of topics, including “an analysis of complaints about consumer financial products or services that the Bureau has received and collected in its central database on complaints during the preceding year.” 3 To meet its statutory obligations, the Bureau publishes these reports, highlighting aggregated complaint information, including complaint volume over time, company closure categories, and product and issue breakdowns. Reports also include qualitative analyses of common issues and trends in complaints for consumer financial products and services.

    3 In addition, 12 U.S.C. 5535(d)(1) directs the Private Education Loan Ombudsman—whose functions include reviewing and analyzing private education loan complaints—to “prepare an annual report that describes the activities, and evaluates the effectiveness of the Ombudsman during the preceding year.”

    Monthly Complaint Reports

    In July 2015, the Bureau began publishing a series of monthly complaint reports to highlight trends from consumer complaints submitted to the Bureau. Monthly complaint reports include complaint data on complaint volume, most-complained-about companies, state and local information, and product trends. Each report highlights a particular product and geographic location and provides insight into the consumer complaints handled by the Bureau. The report uses three-month rolling averages, comparing the current average to the same period in the prior year, where appropriate, to account for monthly and seasonal fluctuations. In some cases, month-to-month comparisons are used to highlight more immediate trends.

    Special Edition Complaint Reports

    In May 2017, the Bureau began publishing special edition monthly complaint reports that highlight complaint information not routinely covered by statutorily-required and monthly complaint reports. These reports include, for example, complaint information aggregated for all 50 States, complaint information aggregated by specific population groups (e.g., servicemembers), and consumer feedback aggregated by product category. Special edition complaint reports sometime include additional information about a subset of complaints that may be of interest to readers (e.g., a report on servicemembers included a breakdown on the branch of military service).

    Consumer Complaint Database

    After requesting public comment on a proposed policy statement, in June 2012 the Bureau issued a final policy statement and began publishing consumers' credit card complaints in a public web-based database.4 The Bureau subsequently sought public comment on expansions of the database to include complaints about additional consumer financial products and services and consumer narratives.5 The purpose of the public Consumer Complaint Database is to provide timely and understandable information and to improve the functioning of the market, in line with the Bureau's objectives.6 Complaints are listed in the database when the company responds to the complaint confirming a relationship with the consumer or after the company has had the complaint for 15 calendar days, whichever comes first. Complaints are not published if they do not meet all of the publication criteria described in the final policy statements.7 Complaints submitted by unauthorized third parties, complaints that are the result of fraud, scams, or business identity theft, and complaints referred to other regulators, such as complaints about depository institutions with less than $10 billion in assets, are not published in the Consumer Complaint Database.

    4 Disclosure of Certain Credit Card Complaint Data, 76 FR 76628 (December 8, 2011); Disclosure of Certain Credit Card Complaint Data, 77 FR 37558 (June 22, 2012).

    5 Disclosure of Consumer Complaint Data, 77 FR 37616 (June 22, 2012); Disclosure of Consumer Complaint Data, 78 FR 21218 (April 10, 2013); Disclosure of Consumer Complaint Narrative Data, 79 FR 45183 (August 4, 2014); Disclosure of Consumer Complaint Narrative Data, 80 FR 15572 (March 24, 2015).

    6 12 U.S.C. 5511(b)(1), (5).

    7 For additional information, see “Consumer Complaint Database,” https://www.consumerfinance.gov/data-research/consumer-complaints/ (last visited Feb. 27, 2018).

    Overview of This Request for Information

    The Bureau is using this request for information (RFI) to seek public input regarding potential changes that can be implemented to the Bureau's public reporting practices of consumer complaint information, consistent with law, to consider whether any changes to the practices would be appropriate. The Bureau encourages comments from all interested members of the public. The Bureau anticipates that the responding public may include financial industry participants, government agencies, consumer advocacy and financial education groups, trade associations, academic and research organizations, and consumers.

    The Bureau will issue a subsequent RFI seeking public input regarding consumer inquiries and related process activities. The purpose of this RFI is to seek feedback on all aspects of its consumer complaint reporting and publication practices; the Bureau is not seeking comment in this RFI on consumer inquiries and related process activities.

    Suggested Topics for Commenters

    To allow the Bureau to more effectively evaluate suggestions, the Bureau requests that, where possible, comments include:

    • The usefulness of complaint reporting and analysis to external stakeholders, including but not limited to financial industry participants, government agencies, consumer advocacy and financial education groups, trade associations, academic and research organizations, and consumers; and

    • Specific suggestions or best practices for complaint reporting and publication given the Bureau's statutory objectives, including the Bureau's objective to ensure that markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation.8

    8 12 U.S.C. 5511(b)(5).

    The following represents a preliminary attempt by the Bureau to identify elements of Bureau complaint reporting and publication practices on which it should immediately focus. This non-exhaustive list is meant to assist in the formulation of comments and is not intended to restrict the issues that may be addressed. In addressing these issues and questions, the Bureau requests that commenters identify with specificity the consumer complaint reporting and publication practices at issue, providing legal citations where appropriate and available.

    The Bureau is seeking feedback on all aspects of its consumer complaint reporting and publication practices, including:

    1. Specific, statutorily-permissible suggestions regarding the frequency of the Bureau's reporting on consumer complaints;

    2. Specific, statutorily-permissible suggestions on the content of the Bureau's reporting on consumer complaints, including:

    a. Whether the Bureau should include more, less, or the same amount of reporting on State and local complaint trends;

    b. Whether it is net beneficial or net harmful to the transparent and efficient operation of markets for consumer financial products and services for the Bureau to publish the names of the most-complained-about companies;

    c. Whether the Bureau should provide more, less, or the same data fields in the Consumer Complaint Database;

    d. Whether the Bureau should provide more, less, or the same amount of context for complaint information, particularly with regard to product or service market size and company share;

    e. Whether the Bureau should supplement observations from consumer complaints with observations of company responses to complaints;

    f. Whether the Bureau should share more, less, or the same amount of information on month-to-month trends; and

    g. Whether the Bureau should share more, less, or the same amount of information on particular products and services;

    3. Specific suggestions on the reporting methodology, including:

    a. Should the Bureau continue to analyze data for seasonal fluctuations? If so, how?; and

    b. Should the Bureau provide more, less, or the same amount of context for complaint information, particularly with regard to product and service market size and company share, including what data set(s) or data source(s) the Bureau should use;

    4. Specific, statutorily-permissible suggestions for the publication process of consumer complaint information, including:

    a. Whether the Bureau should provide the public with a publication schedule;

    b. Whether the Bureau should notify the most-complained-about companies of their inclusion in a Bureau report prior to publication and invite company comment;

    c. Whether the Bureau should devote resources to building tools to enable users to analyze complaint information; and

    d. Whether the Bureau should expand, limit, or maintain the same level of access to complaint information available to external stakeholders such as financial institutions and the public.

    Authority:

    12 U.S.C. 5511(c).

    Dated: March 1, 2018. Mick Mulvaney, Acting Director, Bureau of Consumer Financial Protection.
    [FR Doc. 2018-04544 Filed 3-5-18; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Early Engagement Opportunity: Implementation of National Defense Authorization Act for Fiscal Year 2018 AGENCY:

    Department of Defense (DoD).

    ACTION:

    Notice.

    SUMMARY:

    DoD announces an early engagement opportunity regarding implementation of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 within the acquisition regulations.

    DATES:

    Early inputs should be submitted in writing via the Defense Acquisition Regulations System (DARS) website shown below. The website will be updated when early inputs will no longer be accepted.

    ADDRESSES:

    Submit early inputs via the DARS website at http://www.acq.osd.mil/dpap/dars/index.html.

    FOR FURTHER INFORMATION CONTACT:

    Send inquiries via email to [email protected] and reference “Early Engagement Opportunity: Implementation of NDAA for FY 2018” in the subject line.

    SUPPLEMENTARY INFORMATION:

    DoD is providing an opportunity for the public to provide early inputs on implementation of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 within the acquisition regulations. The public is invited to submit early inputs on sections of the NDAA for FY 2018 via the DARS website at http://www.acq.osd.mil/dpap/dars/index.html. The website will be updated when early inputs will no longer be accepted. Please note, this venue does not replace or circumvent the rulemaking process; DARS will engage in formal rulemaking, in accordance with 41 U.S.C. 1303, when it has been determined that rulemaking is required to implement a section of the NDAA for FY 2018 within the acquisition regulations.

    Jennifer L. Hawes, Regulatory Control Officer Defense Acquisition Regulations System.
    [FR Doc. 2018-04511 Filed 3-5-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket Number DARS-2018-0009; OMB Control Number 0704-0479] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Earned Value Management System AGENCY:

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

    ACTION:

    Notice and request for comments regarding a proposed extension of an approved information collection requirement.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through September 30, 2018. DoD proposes that OMB extend its approval for three additional years.

    DATES:

    DoD will consider all comments received by May 7, 2018.

    ADDRESSES:

    You may submit comments, identified by OMB Control Number 0704-0479, using any of the following methods:

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

    Email: [email protected] Include OMB Control Number 0704-0479 in the subject line of the message.

    Fax: 571-372-6094.

    Mail: Defense Acquisition Regulations System, Attn: Mr. Mark Gomersall, OUSD (A&S) DPAP (DARS), 3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Mark Gomersall, 571-372-6099. The information collection requirements addressed in this notice are available electronically on the internet at: http://www.acq.osd.mil/dpap/dfars/index.htm. Paper copies are available from Mr. Mark Gomersall, OUSD (A&S) DPAP (DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060.

    SUPPLEMENTARY INFORMATION:

    Title, Associated Form, and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS) Business Systems-Definition and Administration; DFARS 234, Earned Value Management System, OMB Control Number 0704-0479.

    Needs and Uses: DFARS clause 252.242-7005 requires contractors to respond to written determinations of significant deficiencies in the contractor's business systems as defined in the clause. The information contractors are required to submit in response to findings of significant deficiencies in their accounting system, estimating system, material management and accounting system and purchasing system has previously been approved by the Office of Management and Budget. This request specifically addresses information required by DFARS clause 252.234-7002, Earned Value Management System, for contractors to respond to determinations of significant deficiencies in a contractor's Earned Value Management System (EVMS). The requirements apply to entities that are contractually required to maintain an EVMS. DoD needs this information to document actions to correct significant deficiencies in contractor business systems. DoD contracting officers use the information to mitigate the risk of unallowable and unreasonable costs being charged on government contracts.

    Affected Public: Businesses and other for-profit entities.

    Respondent's Obligation: Required to obtain or retain benefits.

    Type of Request: Revision of a currently approved collection.

    Reporting Frequency: On occasion.

    Number of Respondents: 10.

    Responses per Respondent: 1.

    Annual Responses: 10.

    Average Burden per Response: 676 hours.

    Annual Response Burden Hours: 6,760.

    Summary of Information Collection

    DFARS clause 252.234-7002, Earned Value Management System, requires contractors to respond in writing to initial and final determinations of significant deficiencies in the contractor's business systems as defined in the clause.

    Jennifer L. Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.
    [FR Doc. 2018-04538 Filed 3-5-18; 8:45 am] BILLING CODE 5006-01-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Amendment of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Amendment of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is amending the charter for the Defense Business Board (“the Board”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Board's charter is being amended in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(d). Pursuant to statutory changes that took effect on February 1, 2018, the DoD disestablished the Office of the Deputy Chief Management Officer and established the Office of the Chief Management Officer (CMO). The DoD is amending the charter for the Board previously announced in the Federal Register on June 10, 2016 (81 FR 37587) to reflect a change in the committee's sponsor and a change in total membership. The CMO will be the sponsor for the Board. The amended charter and contact information for the Designated Federal Officer (DFO) can be obtained at http://www.facadatabase.gov/.

    Dated: March 1, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-04515 Filed 3-5-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Department of Defense Science and Technology Reinvention Laboratory (STRL) Personnel Management Demonstration (Demo) Project Program AGENCY:

    Under Secretary of Defense for Research and Engineering, Department of Defense (DoD).

    ACTION:

    Notice of amendment.

    SUMMARY:

    On December 2, 2008, DoD published a Federal Register notice (73 FR 73248-73252, later amended by 76 FR 67154), to record amendments to the Science and Technology Reinvention Laboratory (STRL) Personnel Management Demonstration Project Plans and to provide a basic process to adopt flexibilities, make minor changes, and/or request Federal Register notices. USD(R&E) will publish the processes for adoptions, minor modifications to demonstration project flexibilities, and Federal Register notices in a DoD issuance.

    DATES:

    This notice may be implemented beginning on March 6, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Jagadeesh Pamulapati, Director, DoD Laboratories Office, 4800 Mark Center Drive, Alexandria, VA 22350, (571) 372-6372, [email protected]

    SUPPLEMENTARY INFORMATION:

    Section 211 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 specified the “Discharge of Certain Authorities to Conduct Personnel Demonstration Projects” be carried out through the Under Secretary of Defense for Research and Engineering (ASD(R&E)), which makes the current processes for adoptions, minor changes and Federal Register notices obsolete. USD(R&E) will publish the processes for adoptions, minor modifications to demonstration project flexibilities, and Federal Register notices in a DoD issuance. This notice applies to all STRLs authorized by section 1105 of the NDAA for FY 2010, Public Law 111-84, as amended, as well as any newly-designated STRLs authorized by the Secretary of Defense (SECDEF) or future legislation.

    Modifications

    In the notice published on December 2, 2008, 73 FR 73248-73252:

    1. On page 73249, in the first column, at the end of the sentence under DATES: remove “Under Secretary for Defense of Personnel and Readiness” and replace with “Under Secretary of Defense for Research and Engineering.”

    2. On page 73250, in the second column, add the following at the end of the last sentence under Overview: “subject to section 4703 of Title 5 United States Code, as applicable.”

    3. On page 73251, in the third column, add the following sentence after the first sentence in section D. “Section 211 of the NDAA for FY 2017 specified the “Discharge of Certain Authorities to Conduct Personnel Demonstration Projects” be carried out through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals).”

    4. On page 73251, in the third column, add the following at the end of the third sentence in section D “will be documented, in accordance with section 4703 of Title 5 United States Code, as applicable, in a DoD issuance.”

    5. On page 73251, in the third column delete the forth sentence in section D.

    6. On page 73251, in the third column delete the first, second and third bullet in section D.

    Dated: February 28, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-04453 Filed 3-5-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Amendment of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Amendment of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is amending the charter for the Vietnam War Commemoration Advisory Committee (“the Committee”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Committee's charter is being amended in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(d). Pursuant to statutory changes that took effect on February 1, 2018, the DoD disestablished the Office of the Deputy Chief Management Officer and established the Office of the Chief Management Officer (CMO). The DoD is amending the charter for the Committee previously announced in the Federal Register on October 3, 2016 (81 FR 67999) to reflect that the CMO will be the new sponsor for the Committee. The amended charter and contact information for the Designated Federal Officer (DFO) can be obtained at http://www.facadatabase.gov/.

    Dated: March 1, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-04516 Filed 3-5-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD-2018-OS-0007] Proposed Collection; Comment Request AGENCY:

    Office of the Undersecretary of Defense for Personnel and Readiness, DoD.

    ACTION:

    Information collection notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Defense Manpower Data Center (DMDC) Defense Human Resources Activity (DHRA) announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by May 7, 2018.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700.

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

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Deputy Director, Defense Travel Management Office, 4800 Mark Center Drive, Suite 04J25-01, Alexandria, VA 22350-6000 or call 571.372.1300 or email [email protected]

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Defense Travel System (DTS); OMB Control Number 0704-XXXX.

    Needs and Uses: Information is collected for the purpose of official travel. The information is used to satisfy reporting requirements and detect fraud and abuse. Non-DoD personnel whose information is in DTS includes dependents of DoD Military and Civilian personnel and guests of the DoD such as foreign nationals.

    Affected Public: Individuals or Households.

    Annual Burden Hours: 250.

    Number of Respondents: 1,500.

    Responses per Respondent: 1.

    Annual Responses: 1,500.

    Average Burden per Response: 10 minutes.

    Frequency: On occasion.

    Respondents provide personal information to facilitate reserving travel and distribution of payment for travel such as financial routing and account number, US Passport number and home mailing address. To collect the personal information for DTS, users login and authenticate to the electronic DTS application. The users create a profile upon their initial access to the system, and they can modify the profile electronically as needed. The primary respondents of DTS are DoD civilians and military personnel. The secondary respondents (less than 1%) are members of the public, specifically dependents of DoD personnel and, in very rare cases, travel guests of DoD such as Academy students or foreign nationals.

    Dated: March 1, 2018. Aaron Siegel, Alternate OSD Federal Register, Liaison Officer, Department of Defense.
    [FR Doc. 2018-04542 Filed 3-5-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER18-459-000, ER18-460-000] PJM Interconnection, L.L.C., Ohio Valley Electric Corporation; Notice Establishing Answer Period to Motion To Defer Effective Date

    On February 26, 2018, PJM Interconnection, L.L.C. and Ohio Valley Electric Corporation (collectively, the Parties) filed a motion to defer the present March 1, 2018 effective date for the modifications to the Revised Tariff Sheets (Motion), accepted by the Commission on February 13, 2018, in this proceeding.1 Also included in the filing was a request to shorten the answer period for the Motion to one day.

    1PJM Interconnection, L.L.C. and Ohio Valley Electric Corp., 162 FERC ¶ 61,098 (2018).

    By this notice, the Parties' request to shorten the date for filing answers to the Motion to one day is denied. Answers to the Motion shall be filed on or before March 5, 2018.

    Dated: February 27, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04457 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2216-084] New York Power Authority; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Type of Application: Request for recreation plan amendment.

    b. Project No.: 2216-084.

    c. Dates Filed: July 12 and November 22, 2017.

    d. Applicant: New York Power Authority.

    e. Name of Project: Niagara Power Project.

    f. Location: The project is located on the Niagara River in Niagara County, New York. The project does not occupy federal lands.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Mr. Stephen M. Schoenwiesner, Licensing Manager, New York Power Authority, 123 Main Street, White Plains, NY 10601, (914) 681-6200.

    i. FERC Contact: Ms. Mary Karwoski, (678) 245-3027, [email protected].

    j. Deadline for filing comments, motions to intervene, and protests is 30 days from the issuance date of this notice by the Commission (March 28, 2018).

    All documents may be filed electronically via the internet. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's website at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and seven copies should be mailed to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. 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.

    Please include the project number (P-2216-084) on any comments, motions, or recommendations filed.

    k. Description of Request: New York Power Authority (licensee) requests Commission approval for an amendment to its current recreation plan to remove a two mile section, of which 1.4 miles is inside the project boundary, of the four-lane Niagara Scenic Parkway (formerly known as the Robert Moses Parkway) between Main Street and Findlay Drive; restore the landscape reclaimed along the Niagara Gorge rim; construct a pedestrian/bicycle trial network along the Niagara Gorge rim; and reconfigure the Upper Whirlpool Overlook recreation site to enhance its scenic and recreational value and integrate the existing recreation site into the network of trails.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE, Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's website at http://www.ferc.gov/docs-filing/efiling.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: All filings must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of the license amendment. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. 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. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 18 CFR 385.2010.

    Dated: February 27, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04460 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-26-000; Docket No. AD18-8-000] EDF Renewable Energy, Inc. v. Reform of Affected System Coordination in the Generator Interconnection Process, v. Midcontinent Independent System Operator, Inc., Southwest Power Pool, Inc., and PJM Interconnection, L.L.C.; Supplemental Notice of Technical Conference

    As announced in the Notice of Technical Conference issued in this proceeding on February 2, 2018, the Federal Energy Regulatory Commission (Commission) will convene a staff-led technical conference in the above-referenced proceeding on Tuesday and Wednesday, April 3-4, 2018 from 9:30 a.m. to 4:30 p.m. (ET). The conference will be held in the Commission Meeting Room at Commission headquarters, 888 First Street NE, Washington, DC 20426. Commissioners may attend and participate. The purpose of this conference is to discuss issues related to the coordination of affected systems that have been raised in the complaint filed by EDF Renewable Energy, Inc. against Midcontinent Independent System Operator, Inc., Southwest Power Pool, Inc., and PJM Interconnection, L.L.C. in Docket No. EL18-26-000 and in the Commission's Notice of Proposed Rulemaking (Generator Interconnection NOPR) on the interconnection process in Docket No. RM17-8-000. The first day of the conference will focus on questions specific to issues raised in the complaint filed in Docket No. EL18-26-000, while the second day of the conference will focus on the broader affected systems issues raised in the Generator Interconnection NOPR in Docket No. RM17-8-000.

    Attached to this Supplemental Notice is a preliminary agenda for the technical conference. Additional information regarding the final conference program and speakers will be provided in a subsequent supplemental notice of technical conference.

    Those interested in speaking at the technical conference should notify the Commission by March 2, 2018 by completing the online form at the following web page: http://www.ferc.gov/whats-new/registration/04-03-18-speaker-form.asp. At this web page, please describe the topic(s) you wish to address and provide biographical information. Due to time constraints, we may not be able to accommodate all those interested in speaking. We will notify selected speakers as soon as possible.

    The conference will be open for the public to attend. Information on the technical conference will also be posted on the Calendar of Events on the Commission's website, http://www.ferc.gov, prior to the event. Advance registration is not required but is encouraged. Attendees may register at the following web page: http://www.ferc.gov/whats-new/registration/04-03-18-form.asp.

    This event will be webcast and transcribed. Anyone with internet access can navigate to the “FERC Calendar” at www.ferc.gov and locate the technical conference in the Calendar of Events. Opening the technical conference in the Calendar of Events will reveal a link to its webcast. The Capitol Connection provides technical support for the webcast and offers the option of listening to the meeting via phone-bridge for a fee. If you have any questions, visit www.capitolconnection.org or call 703-993-3100. The webcast will be available on the Calendar of Events at www.ferc.gov for three months after the conference. Transcripts of the conference will be immediately available for a fee from Ace-Federal Reporters, Inc. (202-347-3700).

    Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations, please send an email to [email protected] or call toll free 1-866-208-3372 (voice) or 202-502-8659 (TTY), or send a fax to 202-208-2106 with the required accommodations.

    For more information about this technical conference, please contact:

    Sarah McKinley (Logistical Information), Office of External Affairs, (202) 502-8004, [email protected]. Myra Sinnott (Technical Information), Office of Energy Policy and Innovation, (202) 502-6033, [email protected]. Kathleen Ratcliff (Technical Information), Office of Energy Market Regulation, (202) 502-8018, [email protected]. Lina Naik (Legal Information), Office of the General Counsel, (202) 502-8882 [email protected]. Dated: February 27, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04462 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Number: PR18-32-000.

    Applicants: Bay Gas Storage Company, Ltd.

    Description: Tariff filing per 284.123(b),(e)/: Annual Adjustment to Company Use Percentage to be effective 3/1/2018.

    Filed Date: 2/23/18.

    Accession Number: 201802235048.

    Comments/Protests Due: 5 p.m. ET 3/16/18.

    Docket Number: PR18-34-000.

    Applicants: Duke Energy Ohio, Inc.

    Description: Tariff filing per 284.123(b),(e)/: Informational Filing in Support of Existing State Rate Election to be effective 3/1/2018.

    Filed Date: 2/26/18.

    Accession Number: 201802265137.

    Comments/Protests Due: 5 p.m. ET 3/19/18.

    Docket Numbers: RP18-472-000.

    Applicants: Dominion Energy Carolina Gas Transmission.

    Description: § 4(d) Rate Filing: DECG—February 27, 2018 Negotiated Rate Agreements to be effective 3/1/2018.

    Filed Date: 2/27/18.

    Accession Number: 20180227-5027.

    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-473-000.

    Applicants: Southern Star Central Gas Pipeline, Inc.

    Description: Compliance filing Tariff Waiver—ROFR Posting.

    Filed Date: 2/27/18.

    Accession Number: 20180227-5032.

    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-474-000.

    Applicants: Golden Pass Pipeline LLC.

    Description: Compliance filing Golden Pass Pipeline 2018 Annual Retainage Report to be effective 4/1/2018.

    Filed Date: 2/27/18.

    Accession Number: 20180227-5141.

    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-475-000.

    Applicants: Golden Pass Pipeline LLC.

    Description: Compliance filing Golden Pass Pipeline Annual Operational Purchases and Sales Report.

    Filed Date: 2/27/18.

    Accession Number: 20180227-5159.

    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-476-000.

    Applicants: High Island Offshore System, L.L.C.

    Description: 2018 Annual Fuel Filing.

    Filed Date: 2/27/18.

    Accession Number: 20180227-5188.

    Comments Due: 5 p.m. ET 3/12/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified date(s). Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 28, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-04490 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER18-920-000] Marco DM Holdings, L.L.C.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Marco DM Holdings, L.L.C.'s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is March 20, 2018.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 28, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-04491 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2698-100] Duke Energy Carolinas, LLC; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Type of Application: Request for a temporary variance from elevation requirements.

    b. Project No.: 2698-100.

    c. Date Filed: February 22, 2018.

    d. Applicant: Duke Energy Carolinas, LLC.

    e. Name of Project: East Fork Hydroelectric Project.

    f. Location: The project is located on the East Fork of the Tuckasegee River in Jackson County, North Carolina.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Mr. Jeff Lineberger, Duke Energy Carolinas, LLC, 526 S Church Street, Mail Stop EC 12Y, Charlotte, NC 28202, (704) 382-5942.

    i. FERC Contact: Zeena Aljibury, (202) 502-6065, [email protected].

    j. Deadline for filing comments, motions to intervene, and protests: March 27, 2018.

    The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations 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-2698-100.

    k. Description of Request: Duke Energy Carolinas, LLC requests approval for a temporary variance from normal reservoir elevations to perform maintenance work at the Tennessee Creek, Bear Creek, and Cedar Cliff developments of the project. Duke Energy Carolinas, LLC had proposed on October 27, 2017 to begin drawdowns and refills between February and August 2018. However, based on additional consultation with local stakeholders, Duke Energy Carolinas, LLC decided to defer these drawdowns until after the primary recreation season. Duke Energy Carolinas, LLC proposes to begin the drawdowns starting at Bear Creek Lake, then Cedar Cliff Lake, and then Tanasee Creek and Wolf Creek Lakes, respectively. Drawdowns and refills would now begin from September 3, 2018, and continue through December 2018, therefore this is a revised public notice for the temporary variance. Duke Energy Carolinas, LLC will need to close some of its recreation areas during the drawdown to include Bear Creek Access Area, Cedar Cliff Access Area, and Wolf Creek Access Area due to the lower water levels which render the boat ramps unusable.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE, Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of the license surrender. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. 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. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: February 27, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04461 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-476-000] Gulf South Pipeline Company, LP; Notice of Availability of the Environmental Assessment for the Proposed Westlake Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment (EA) for the Westlake Expansion Project, proposed by Gulf South Pipeline Company, LP (Gulf South) in the above-referenced docket. Gulf South requests authorization to construct and operate one new compressor station, two new meter and regulator (M&R) stations, and about 0.3 mile of 16-inch-diameter natural gas pipeline in Calcasieu Parish, Louisiana.

    The EA assesses the potential environmental effects of the construction and operation of the Westlake Expansion Project in accordance with the requirements of the National Environmental Policy Act. The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    The proposed Westlake Expansion Project includes the following facilities:

    • One new 10,000 horsepower compressor station (Westlake Compressor Station);

    • 0.3 mile of 16-inch-diameter natural gas pipeline;

    • one new delivery M&R station (Entergy Lake Charles M&R Station); and

    • one new receipt M&R station (Varibus M&R Station).

    The FERC staff mailed copies of the EA to federal, state, and local government representatives and agencies; elected officials; Native American tribes; potentially affected landowners and other interested individuals and groups, including commenters; and newspapers and libraries in the project area. In addition, the EA is available for public viewing on the FERC's website (www.ferc.gov) using the eLibrary link. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE, Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the EA may do so. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that the Commission has the opportunity to consider your comments prior to making its decision on this project, it is important that we receive your comments in Washington, DC on or before March 27, 2018.

    For your convenience, there are three methods you can use to file your comments with the Commission. In all instances please reference the project docket number (CP17-476-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at 202-502-8258 or [email protected]

    (1) You can file your comments electronically using the eComment feature located on the Commission's website (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can also file your comments electronically using the eFiling feature on the Commission's website (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You must select the type of filing you are making. If you are filing a comment on a particular project, please select “Comment on a Filing”; or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).1 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    1 See the previous discussion on the methods for filing comments.

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website (www.ferc.gov) using the eLibrary link. 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., CP17-476). 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, or 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 which 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 27, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04456 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR18-14-000] Targa NGL Pipeline Company LLC; Notice of Request for Temporary Waiver

    Take notice that on February 21, 2018, pursuant to Rule 204 of the Federal Energy Regulatory Commission's (“Commission”) Rules of Practice and Procedure, 18 CFR 385.204, Targa NGL Pipeline Company LLC (Targa or Petitioner) filed a petition for temporary waiver of the tariff filing and reporting requirements of sections 6 and 20 of the Interstate Commerce Act and parts 341 and 357 of the Commission's regulations with respect to service on certain natural gas liquids pipeline facilities owned and operated by Targa within the state of Texas, as well as between points in Texas and Louisiana, as more fully explained in the petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on March 19, 2018.

    Dated: February 27, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04459 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR18-13-000] Medallion Delaware Express, LLC, Medallion Pipeline Company, LLC; Notice of Petition for Declaratory Order

    Take notice that on February 20, 2018, pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207(a)(2) (2017), Medallion Delaware Express, LLC and Medallion Pipeline Company, LLC, filed a petition for a declaratory order seeking approval of the overall tariff rate structure and terms of service, open season procedures, and proposed joint tariff service, for a new, integrated joint crude-oil transportation project commencing from origin points on Delaware Express, a new pipeline system in west Texas, to destination points on an expanded Medallion crude oil pipeline system (the Joint Project), all as more fully explained in the petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on March 20, 2018.

    Dated: February 27, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04458 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC18-63-000.

    Applicants: Bayou Cove Peaking Power LLC, Big Cajun I Peaking Power LLC, CottonWood Energy Company LP, Louisiana Generating LLC, NRG Sterlington Power LLC, NRG Cottonwood Tenant LLC, NRG Power Marketing LLC, Cleco Energy LLC, Cleco Corporate Holdings LLC, Cleco Group LLC, Cleco Partners L.P.

    Description: Joint Application for Order Authorizing Disposition of Jurisdictional Facilities Under Section 203 of the Federal Power Act of the Cleco Applicants and NRG Applicants.

    Filed Date: 2/27/18.

    Accession Number: 20180227-5186.

    Comments Due: 5 p.m. ET 3/20/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-1873-008; ER10-2124-018; ER10-2125-019; ER10-2127-017; ER10-2128-018; ER10-2129-013 ER10-2130-018; ER10-2131-020; ER10-2132-018 ER10-2133-019; ER10-2134-012; ER10-2135-013 ER10-2136-013; ER10-2137-020; ER10-2138-020 ER10-2139-020; ER10-2140-020; ER10-2141-020 ER10-2764-018; ER11-3872-020; ER11-4044-019 ER11-4046-018; ER12-164-017; ER14-2187-014 ER14-2798-012; ER14-2799-012; ER15-103-008 ER15-1041-008; ER15-1873-008; ER15-2205-008 ER16-1720-005; ER17-2336-003; ER17-2337-003 ER18-140-003; ER18-471-002; ER18-472-002.

    Applicants: Buckeye Wind Energy LLC, Prairie Breeze Wind Energy II LLC, Prairie Breeze Wind Energy III LLC, States Edge Wind I LLC, States Edge Wind I Holdings LLC, Invenergy Energy Management LLC, Beech Ridge Energy LLC, Beech Ridge Energy II LLC, Beech Ridge Energy Storage LLC, Forward Energy LLC, Gratiot County Wind LLC, Gratiot County Wind II LLC, Grand Ridge Energy LLC, Grand Ridge Energy II LLC, Grand Ridge Energy III LLC, Grand Ridge Energy V LLC, Grand Ridge Energy Storage LLC, Grays Harbor Energy LLC, Hardee Power Partners Limited, Invenergy Nelson LLC, Invenergy TN LLC, Lackawanna Energy Center LLC, Sheldon Energy LLC, Shoreham Solar Commons Holdings LLC, Spindle Hill Energy LLC, Stony Creek Energy LLC, Spring Canyon Energy LLC, Shoreham Solar Commons LLC, Judith Gap Energy LLC, Invenergy Cannon Falls LLC, Grand Ridge Energy IV LLC, Bishop Hill Energy III LLC, Vantage Wind Energy LLC, Willow Creek Energy, LLC, Wolverine Creek Energy LLC.

    Description: Notice of Change in Facts under Market-Based Rate Authority of Buckeye Wind Energy LLC, et al.

    Filed Date: 2/27/18.

    Accession Number: 20180227-5143.

    Comments Due: 5 p.m. ET 3/20/18.

    Docket Numbers: ER17-2323-001.

    Applicants: Midcontinent Independent System Operator, Inc., Ameren Illinois Company.

    Description: Tariff Amendment: 2018-02-28 Deficiency Response re revisions to Ameren Att O Rate Template to be effective 6/1/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5069.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-541-001.

    Applicants: Rausch Creek Generation, LLC.

    Description: Tariff Amendment: Reactive Tariff to be effective 2/28/2018.

    Filed Date: 2/27/18.

    Accession Number: 20180227-5142.

    Comments Due: 5 p.m. ET 3/20/18.

    Docket Numbers: ER18-920-000.

    Applicants: Marco DM Holdings, L.L.C.

    Description: Baseline eTariff Filing: Market-Based Rate Application to be effective 4/30/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5019.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-921-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original WMPA SA No. 4948; Queue No. AD1-053 to be effective 2/15/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5030.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-923-000.

    Applicants: New England Power Pool Participants Committee.

    Description: § 205(d) Rate Filing: Mar 2018 Membership Filing to be effective 2/1/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5086.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-924-000.

    Applicants: Arizona Public Service Company.

    Description: § 205(d) Rate Filing: Rate Schedule No. 224—ATS Participation Agreement to be effective 5/1/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5089.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-925-000.

    Applicants: Michigan Electric Transmission Company.

    Description: § 205(d) Rate Filing: Filing of A&R License Agreement w LBWL to be effective 4/30/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5090.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-926-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: GIA & DSA & Notice of Cancellation LA Stanton Energy Reliability Center Project to be effective 2/8/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5095.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-927-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of First Revised ISA, SA No. 3638; Queue No. AA1-101 to be effective 2/13/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5135.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-928-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original WMPA, SA No. 4951; PJM Queue No. AD1-054 to be effective 2/20/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5139.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-929-000.

    Applicants: Penn Oak Services, LLC.

    Description: Baseline eTariff Filing: Penn Oak Services, LLC MBR Application to be effective 3/1/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5144.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-930-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of ISA, SA No. 3413; Queue No. V2-028 to be effective 4/10/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5162.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-931-000.

    Applicants: Central Hudson Gas & Electric Corporation.

    Description: § 205(d) Rate Filing: Revisions to FERC Rate Schedule 202 to be effective 2/15/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5165.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-932-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Revisions to OATT and OA RE: FTR Case Performance to be effective 5/1/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5172.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-933-000.

    Applicants: Arizona Public Service Company.

    Description: § 205(d) Rate Filing: Rate Schedule No. 152, ANPP Westwing Switchyard Interconnection Agreement to be effective 5/1/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5173.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-934-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Rev to OATT and OA RE: FTR Modeling Enhancements Future Transmission Upgrades to be effective 5/1/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5174.

    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-935-000.

    Applicants: Alabama Power Company.

    Description: § 205(d) Rate Filing: SP Butler Solar LGIA Amendment Filing to be effective 2/1/2018.

    Filed Date: 2/28/18.

    Accession Number: 20180228-5201.

    Comments Due: 5 p.m. ET 3/21/18.

    Take notice that the Commission received the following qualifying facility filings:

    Docket Numbers: QF18-645-000.

    Applicants: DTE Marietta, LLC.

    Description: Form 556 of DTE Marietta, LLC.

    Filed Date: 2/21/18.

    Accession Number: 20180221-5168.

    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 28, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-04489 Filed 3-5-18; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9975-06-OA] Notice of Meeting of the EPA Children's Health Protection Advisory Committee AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; meeting.

    SUMMARY:

    Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held April 19 and 20, 2018, at Holiday Inn Washington-Capitol 550 C Street SW, Washington, DC 20024.

    The CHPAC advises the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.

    DATES:

    April 19, 2018, from 10 a.m. to 6 p.m. and April 20, 2018, from 9 a.m. to 1 p.m..

    ADDRESSES:

    550 C Street SW, Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Angela Hackel, Office of Children's Health Protection, U.S. EPA, MC 1107T, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-2977 or [email protected]

    SUPPLEMENTARY INFORMATION:

    The meetings of the CHPAC are open to the public. An agenda will be posted to epa.gov/children.

    ACCESS AND ACCOMMODATIONS:

    For information on access or services for individuals with disabilities, please contact Angela Hackel at 202-566-2977 or [email protected]

    Dated: February 21, 2018. Angela Hackel, Designated Federal Official.
    [FR Doc. 2018-04525 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0008; FRL-9973-25] Pesticide Product Registration; Receipt of Applications for New Uses AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

    DATES:

    Comments must be received on or before April 5, 2018.

    ADDRESSES:

    Submit your comments, identified by the Docket Identification (ID)

    Number and the File Symbol of interest as shown in the body of this document, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Michael Goodis, Registration Division (7505P), main telephone number: (703) 305-7090; email address: [email protected] The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

    SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. Registration Applications

    EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and opportunity to comment on these applications. Notice of receipt of these applications does not imply a decision by the Agency on these applications.

    1. EPA Registration Numbers: 100-739 and 100-740. Docket ID number: EPA-HQ-OPP-2017-0733. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. Active ingredient: Difenoconazole. Product type: Fungicide. Proposed Use: Rapeseed crop subgroup 20A seed treatment. Contact: RD.

    2. EPA Registration Number: 100-936, 100-1291. Docket ID number: EPA-HQ-OPP-2017-0234. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. Active ingredient: Thiamethoxam. Product type: Insecticide. Proposed Use: Sugarcane. Contact: RD.

    3. EPA Registration Numbers: 100-1120, 100-1220 and 100-1308. Docket ID number: EPA-HQ-OPP-2017-0744. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. Active ingredient: Azoxystrobin. Product type: Fungicide. Proposed use: Post-harvest on sugar beet. Contact: RD.

    4. EPA Registration Numbers: 10163-295; 10163-322. Docket ID number: EPA-HQ-OPP-2017-0673. Applicant: Gowan Company, LLC, P.O. Box 556 Yuma, AZ 85364. Active ingredient: Fenazaquin. Product type: Insecticide. Proposed uses: Alfalfa; Avocado; Caneberry, subgroup 13-07A; Bushberry, subgroup 13-07B; Fruit, citrus group 10-10; Corn, field; Corn, sweet; Cotton; Vegetables, cucurbit group 9; Vegetables, fruiting group 8-10; Fruit, small fruit vine climbing, except fuzzy kiwifruit subgroup 13-07F; Grapes; Vegetables, legumes, edible-podded subgroup 6A; Vegetables, legumes, succulent shelled pea and bean subgroup 6B; Vegetables, legumes, dried shelled pea and bean (except soybean) subgroup 6C; Mint; Fruit, pome group 11-10; Fruit, stone group 12-12; Fruit, low growing berry subgroup 13-07G. Contact: RD

    5. EPA Registration Number: 60063-1. Docket ID number: EPA-HQ-OPP-2017-0719. Applicant: Sipcam Agro USA, 2525 Meridian Parkway, Suite 350, Durham, NC 27713. Active ingredient: Chlorothalonil. Product type: Fungicide. Proposed use: Sugarbeet. Contact: RD.

    6. EPA Registration Number: 60063-5. Docket ID number: EPA-HQ-OPP-2017-0719. Applicant: Sipcam Agro USA, 2525 Meridian Parkway, Suite 350, Durham, NC 27713. Active ingredient: Chlorothalonil. Product type: Fungicide. Proposed use: Sugarbeet. Contact: RD.

    7. EPA File Symbol: 100-RAEA. Docket ID number: EPA-HQ-OPP-2017-0742. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. Active ingredient: Pinoxaden. Product type: Herbicide. Proposed use: Turf. Contact: RD

    Authority:

    7 U.S.C. 136 et seq.

    Dated: January 29, 2018. Hamaad Syed, Acting Director, Information Technology and Resources Management Division, Office of Pesticide Programs.
    [FR Doc. 2018-04523 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2018-0014; FRL-9974-09] Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by pesticide registrants to voluntarily cancel certain pesticide product registrations and to amend certain product registrations to terminate uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled and uses terminated only if such sale, distribution, or use is consistent with the terms as described in the final order.

    DATES:

    Comments must be received on or before April 5, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2018-0014, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Green, Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (703) 347-0367; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from pesticide registrants to cancel certain pesticide products and amend product registrations to terminate certain uses. The affected products and the registrants making the requests are identified in Tables 1 and 2 of this unit.

    Unless a request is withdrawn by the registrant or if the Agency determines that there are substantive comments that warrant further review of this request, EPA intends to issue an order in the Federal Register canceling and amending the affected registrations.

    Table 1—Product Registrations With Pending Requests for Cancellation Registration No. Company No. Product name Active ingredient 100-774 100 Exceed Herbicide Primisulfuron-methyl & Prosulfuron. 100-907 100 Discover Herbicide Clodinafop-propargyl (CAS Reg. No.105512-06-9). 264-1144 264 Serenade Biofungicide Wettable Powder QST 713 strain of bacillus subtilis. 264-1148 264 Serenade QST 713 strain of bacillus subtilis. 264-1149 264 Serenade AS QST 713 strain of bacillus subtilis. 264-1150 264 Rhapsody AS QST 713 strain of bacillus subtilis. 432-960 432 Derringer F Herbicide Glufosinate. 432-1559 432 DuPont Tranxit Herbicide Rimsulfuron. 432-1562 432 Cimarron X-Tra Herbicide Chlorsulfuron & Metsulfuron. 1448-353 1448 Slimacide V-10 Acetic acid, bromo-, 2-butene-1,4-diyl ester. 1448-374 1448 BBAB Acetic acid, bromo-, 2-butene-1,4-diyl ester. 2217-881 2217 Gordon's Wasp & Hornet Spray Piperonyl butoxide; Permethrin & Tetramethrin. 2596-156 2596 Hartz Reference #124 Pyriproxyfen & Phenothrin. 2596-159 2596 Hartz Reference #127 Pyriproxyfen; S-Methoprene & Phenothrin. 2915-26 2915 Scented Moth Block Paradichlorobenzene. 5185-421 5185 Spa Brom Tablets 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 5185-433 5185 Spa Brom Veriflo 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 5185-452 5185 BCDMH99N-M 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 5185-454 5185 BCDMH97NC-M 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 5185-456 5185 BCDMH96NCR-M 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 5185-457 5185 BCDMH94NCR-M 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 5185-469 5185 Home Care Drop In 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 5185-480 5185 Polaris Precis Spa Floater Cartridge 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 5185-490 5185 Biolab BCDMH Granular 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 6836-109 6836 Glychlor Powder 1,3-Dichloro-5,5-dimethylhydantoin. 6836-110 6836 Bromchlor Powder 1,3-Dibromo-5,5-dimethylhydantoin & 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 6836-118 6836 Dantobrom P 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-120 6836 Glybrom RW-90 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl- & 1,3-Dibromo-5,5-dimethylhydantoin. 6836-121 6836 Glybrom RW-92.5 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl- & 1,3-Dibromo-5,5-dimethylhydantoin. 6836-122 6836 Glybrom RW-93.5 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl- & 1,3-Dibromo-5,5-dimethylhydantoin. 6836-196 6836 Bio Guard Bromo Brix Spa Brominating Briquettes 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-197 6836 Bioguard Brombrix Pool Brominating Briquettes 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-242 6836 Kem Tek Spa Kem Brominating Tablets 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-243 6836 Kem Tek Spa Kem Bromi-Buoy 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-265 6836 Dantobrom TBS-2.5 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-272 6836 Dantobrom TBS-4A 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-273 6836 Dantobrom TBS-5A 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-282 6836 Dantobrom PG Briquettes 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-291 6836 Dantochlor TBS-6 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-299 6836 Dantobrom TBS-7 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-300 6836 Dantobrom TBS-6 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-; 1,3-Dichloro-5,5-dimethylhydantoin & 1,3-Dichloro-5-ethyl-5-methylhydantoin. 6836-312 6836 Glybrom PG-100 Powder 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl- & 1,3-Dibromo-5,5-dimethylhydantoin. 6836-319 6836 Glychlor PG-100 Powder 1,3-Dichloro-5,5-dimethylhydantoin. 7124-102 7124 Maxibrom Slow Dissolving Brominating Tablets for Swimming Pools & Spas 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 7124-103 7124 Maxibrom Slow Dissolving Brominating Tablets for Spas & Hot Tubs 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 7124-104 7124 Hydrobrom 3 oz. Slow Dissolving Brominating Tablets for Swimming Pools 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-. 7401-319 7401 Ferti-Lome Quik-Kill Home & Garden Insect Spray Piperonyl butoxide & Pyrethrins. 7401-388 7401 Hi-Yield Whitefly and Mealybug Killer Piperonyl butoxide & Pyrethrins. 9688-288 9688 Chemsico Aerosol LEG o-Phenylphenol (No inert use). 10163-345 10163 T&O Fertilizer—Contains Gallery Plus Team Trifluralin; Benfluralin & Isoxaben. 10163-353 10163 Turf Fertilizer—Contains Gallery Plus Team Pro Benfluralin; Trifluralin & Isoxaben. 10163-364 10163 Showcase Oxyfluorfen; Isoxaben & Trifluralin. 33595-9 33595 Envicide II Isopropyl alcohol; Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethylbenzyl ammonium chloride *(68%C12, 32%C14). 62719-713 62719 MON 89034 X TC1507 X MON 87411 X DAS-59122-7 Insect-Protected, Herbicide-Tolerant Corn dsRNA transcript comprising a DvSnf7 inverted repeat sequence derived from western corn rootworm (Diabrotica virgifera) and the genetic material necessary for its production MON 87411 corn; Bacillus thuringiensis Cry1A.105 protein and genetic material necessary (vector PV-ZMIR245) for its production in corn; Bacillus thuringiensis Cry2Ab2 protein and the genetic material necessary (vector PV-ZMIR245) for its production in corn; Bacillus thuringiensis Cry1F protein and the genetic material necessary for its production (plasmid insert PHI8999) in corn; Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its procuction (vector PV -ZMIR10871) in corn event MON 87411 & Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the genetic material necessary for their production in corn. 66330-41 66330 Endorse Wettable Powder Fungicide Polyoxin D zinc salt. 66330-412 66330 ARY 0411-0485 Tank Mix Herbicide Clethodim & Sodium bentazon. 66397-1 66397 Aqua Basics Brominating Tablets 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl- & 1,3-Dibromo-5,5-dimethylhydantoin. 66397-2 66397 Aqua Basics 3oz.-2″ Brominating Tablets 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl- & 1,3-Dibromo-5,5-dimethylhydantoin. 67360-7 67360 Intercide ABF-2 RF501 10,10′-Oxybisphenoxarsine. 67360-9 67360 Intercide ABF-5 DIDP 10,10′-Oxybisphenoxarsine. 83979-7 83979 Rotam Paraquat Concentrate Paraquat dichloride. 87931-13 87931 Raymat Pyriproxyfen Technical Pyriproxyfen. 91640-1 91640 2,4-D Technical 2,4-D. AZ-070009 10163 Nexter Pyridaben. CA-100006 19713 Drexel Captan 4L Fungicide Captan. CA-110006 100 Touchdown Total Glyphosate. CA-870029 10163 Treflan TR-10 Trifluralin. CA-870071 60244 Orthene 75 S Soluble Powder Acephate. CA-930008 60217 Sprout NIP Emulsifiable Concentrate Chlorpropham. CO-090007 5481 Orthene Turf, Tree & Ornamental 97 Spray Acephate. DE-140004 81880 Sandea Herbicide Halosulfuron-methyl. FL-140003 81880 Sandea Herbicide Halosulfuron-methyl. GA-140001 81880 Sandea Herbicide Halosulfuron-methyl. IN-140001 81880 Sandea Herbicide Halosulfuron-methyl. LA-120010 100 Gramoxone SL 2.0 Paraquat dichloride. MD-140001 81880 Sandea Herbicide Halosulfuron-methyl. MI-120003 81880 Sandea Herbicide Halosulfuron-methyl. NC-140001 81880 Sandea Herbicide Halosulfuron-methyl. ND-050010 10163 Sonalan 10G Ethalfluralin. ND-090004 10163 Sonalan 10G Ethalfluralin. NV-130001 10163 Onager 1E Hexythiazox. VA-140001 81880 Sandea Herbicide Halosulfuron-methyl. WA-010009 34704 Saber Herbicide 2,4-D, dimethylamine salt. WA-040027 5481 Discipline 2EC Bifenthrin. WA-040030 34704 Atrazine 4L Atrazine. WA-040034 66222 Diazinon AG500 Diazinon. WA-050005 5481 Discipline 2EC Bifenthrin. WA-090013 34704 Curbit EC Herbicide Ethalfluralin. WA-900040 34704 Clean Crop Simazine 4L Flowable Herbicide Simazine. WA-980025 34704 Clean Crop Supreme Oil Mineral oil—includes paraffin oil from 063503. WI-140002 81880 Sandea Herbicide Halosulfuron-methyl. WY-070008 10163 Onager Miticide Hexythiazox. Table 2—Product Registrations With Pending Requests for Amendment Registration No. Company No. Product name Active ingredient Uses to be terminated 100-969 100 Scholar Fungicide Fludioxonil Pre-harvest uses and associated pre-harvest label language for the following crops: Melons and the post-harvest uses for citrus, pineapple, pome, tuberous and corm vegetable subgroup 1C, stone fruit, sweet potatoes, tomato, tropical fruit, and true yam without prejudice. 100-1131 100 Callisto Herbicide Mesotrione Tolerances for Grass, Seed screenings and grass, straw. 1839-18 1839 BTC 776 Concentrated Germicide Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Dialkyl* methyl benzyl ammonium chloride *(60% C14, 30% C16, 5% C18, 5% C12) Turfs/Lawns. 1839-19 1839 BTC 8249 Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) Turfs/Lawns. 1839-23 1839 BTC 824 Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) Turfs/Lawns. 1839-33 1839 BTC 8248 Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) Turfs/Lawns. 1839-46 1839 BTC 2125M Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethylbenzyl ammonium chloride *(68%C12, 32%C14) Turfs/Lawns. 1839-54 1839 BTC 2125M-80% Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethylbenzyl ammonium chloride *(68%C12, 32%C14) Turfs/Lawns. 1839-55 1839 BTC 2125 M-P 40 Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethylbenzyl ammonium chloride *(68%C12, 32%C14) Turfs/Lawns. 1839-65 1839 BTC 65 Alkyl* dimethyl benzyl ammonium chloride *(67%C12, 25%C14, 7%C16, 1%C8, C10, and C18) Turfs/Lawns. 1839-68 1839 BTC 8358 Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16) Turfs/Lawns. 1839-207 1839 BTC 5814-80% Alkyl* dimethyl benzyl ammonium chloride *(58%C14, 28%C16, 14%C12) Turfs/Lawns. 1839-228 1839 BTC 451 P/S Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16) Turfs/Lawns. 53883-310 53883 Quali-Pro Chlorothalonil 720 SFT Chlorothalonil Apricot, cherry (sweet), cherry (tart), nectarine, peach, plum and prune. 53883-313 53883 Quali-Pro Chlorothalonil DF Chlorothalonil Apricot, cherry (sweet), cherry (tart), nectarine, peach, plum and prune. 62097-15 62097 Uniconazole-P Technical Uniconazole P Outdoor shade house and lath house. 62097-18 62097 Concise Uniconazole P Outdoor shade house and lath house. 65217-1 65217 Biobor JF 1,3,2-Dioxaborinane, 2,2′-((1-methyl-1,3-propanediyl)bis(oxy))bis(4-methyl- & 1,3,2-Dioxaborinane, 2,2′oxybis(4,4,6-trimethyl- Wood preservative. 75499-19 75499 Vitagib 40% Soluble Powder Plant Growth Regulator Gibberellic acid Silage.

    Table 3 of this unit includes the names and addresses of record for the registrants of the products listed in Table 1 and Table 2 of this unit, in sequence by EPA company number. This number corresponds to the first part of the EPA registration numbers of the products listed in Table 1 and Table 2 of this unit.

    Table 3—Registrants Requesting Voluntary Cancellation and/or Amendments EPA company No. Company name and address 100 Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419-8300. 264 Bayer CropScience, LP, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709. 432 Bayer Environmental Science, A Division of Bayer CropScience, LP, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709. 1448 Buckman Laboratories, Inc., 1256 North McLean Blvd., Memphis, TN 38108. 1839 Stepan Company, 22 W. Frontage Rd., Northfield, IL 60093. 2217 PBI-Gordon Corporation, 1217 West 12th Street, P.O. Box 014090, Kansas City, MI 64101-0090. 2596 The Hartz Mountain Corporation, 400 Plaza Drive, Secaucus, NJ 07094. 2915 The Fuller Brush Company, 860 Kaiser Road, Suite D, Napa, CA 94558. 5185 Bio-Lab, Inc., P.O. Box 300002, Lawrenceville, GA 30049-1002. 5481 AMVAC Chemical Corporation, 4695 MacArthur Court, Suite 1200, Newport Beach, CA 92660-1706. 6836 Lonza, Inc., 90 Boroline Road, Allendale, NJ 07401. 7124 Alden Leeds, Inc., 55 Jacobus Ave., South Kearny, NJ 07032. 7401 Voluntary Purchasing Groups, Inc., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW, Gig Harbor, WA 98332. 9688 Chemsico, A Division of United Industries Corp., P.O. Box 142642, St. Louis, MO 63114-0642. 10163 Gowan Company, P.O. Box 5569, Yuma, AZ 85366. 19713 Drexel Chemical Company, P.O. Box 13327, Memphis, TN 38113-0327. 33595 Plaze, Inc., 1000 Integram Drive, Pacific, MO 63069. 34704 Loveland Products, Inc., P.O. Box 1286, Greeley, CO 80632-1286. 53883 Control Solutions, Inc., 5903 Genoa Red Bluff Road, Pasadena, TX 77507. 60217 Easter Lily Research Foundation (of the) Pacific Bulb Growers Assc., P.O. Box 907, Brookings, OR 97415. 60244 Seminis Vegetable Seeds, 37437 State Highway 16, Woodland, CA 95695. 62097 Fine Agrochemicals, Ltd., Agent Name: SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 22192. 62719 Dow AgrosSciences, LLC, 9330 Zionsville Rd., 308/2E, Indianapolis, IN 46268-1054. 65217 Hammonds Fuel Additives, Inc., Agent Name: Delta Analytical Corp., 12510 Prosperity Drive, Suite 160, Silver Spring, MD 20904. 66222 Makhteshim Agan of North America, Inc., d/b/a ADAMA, 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604. 66330 Arysta LifeScience North America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513. 66397 Mid-Continent Packaging, Inc., 1200 N 54th Street, Enid, OK 73701. 67360 Polymer Additives, Inc., d/b/a Valtris Specialty Chemicals, Agent Name: Technology Sciences Group, Inc., 1150 18th St. NW, Suite 1000, Washington, DC 20036. 75499 Plant Synergists, Inc., 4730 Kingussie Drive, Houston, TX 77084. 81880 Canyon Group, LLC, c/o Gowan Company, 370 S. Main Street, Yuma, AZ 85364. 83979 Rotam North America, Inc., Agent Name: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707. 87931 Raymat Materials, Inc., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW, Gig Harbor, WA 98332. 91640 Genmerica NA, LLC, Agent Name: GHB Consulting, 1660 3rd Ave. SW, Le Mars, IA 51031. III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register.

    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, FIFRA section 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless:

    1. The registrants request a waiver of the comment period, or

    2. The EPA Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment.

    The registrants listed in Table 3 of Unit II have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests.

    IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product cancellation or use termination should submit the withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling.

    V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the action. If the requests for voluntary cancellation and amendments to terminate uses are granted, the Agency intends to publish the cancellation order in the Federal Register.

    In any order issued in response to these requests for cancellation of product registrations and for amendments to terminate uses, EPA proposes to include the following provisions for the treatment of any existing stocks of the products listed in Tables 1 and 2 of Unit II.

    A. For Product 100-907

    The registrant has requested to the Agency via letter dated November 10, 2017, a 12-month period (until November 30, 2018), to sell, distribute or use existing stocks of the subject product.

    For all other voluntary product cancellations, identified in Table 1 of Unit II, registrants will be permitted to sell and distribute existing stocks of voluntarily canceled products for 1 year after the effective date of the cancellation, which will be the date of publication of the cancellation order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the products identified in Table 1 of Unit II, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.

    Once EPA has approved product labels reflecting the requested amendments to terminate uses, identified in Table 2 of Unit II, registrants will be permitted to sell or distribute products under the previously approved labeling for a period of 18 months after the date of Federal Register publication of the cancellation order, unless other restrictions have been imposed. Thereafter, registrants will be prohibited from selling or distributing the products whose labels include the terminated uses identified in Table 2 of Unit II, except for export consistent with FIFRA section 17 or for proper disposal.

    Persons other than the registrant may sell, distribute, or use existing stocks of canceled products and products whose labels include the terminated uses until supplies are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products and terminated uses.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: February 20, 2018. Hamaad Syed, Acting Director, Information Technology and Resources Management Division, Office of Pesticide Programs.
    [FR Doc. 2018-04531 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0007; FRL-9973-26] Pesticide Product Registration; Receipt of Applications for New Active Ingredients AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

    DATES:

    Comments must be received on or before April 5, 2018.

    ADDRESSES:

    Submit your comments, identified by the Docket Identification (ID) Number and the File Symbol of interest as shown in the body of this document, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (7511P), main telephone number: (703) 305-7090, email address: [email protected]; or Michael Goodis, Registration Division (7505P), main telephone number: (703) 305-7090, email address: [email protected] The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing address, include the contact person's name, division, and mail code. The division to contact is listed at the end of each application summary.

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. Registration Applications

    EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and opportunity to comment on these applications. Notice of receipt of these applications does not imply a decision by the Agency on these applications.

    1. EPA: 100-RAGL. Docket ID Number: EPA-HQ-OPP-2017-0653. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. Product name: Vayantis Seed Treatment. Active Ingredient: Fungicide-Picarbutrazox at 36%. Proposed Uses: Corn and soybean. Contact: RD.

    2. EPA: 8033-RGA. Docket ID Number: EPA-HQ-OPP-2017-0653. Applicant: Nippon Soda Co., Ltd c/o Nisso America Inc., 88 Pine Street, 14th Floor, New York, NY 10005. Product name: Picarbutrazox 10 SC. Active Ingredient: Fungicide-Picarbutrazox at 9.5%. Proposed Uses: Cucurbit vegetables (Crop Group 9) and leafy greens (Crop Sub-group 4-16A). Contact: RD.

    3. EPA: 8033-RGI. Docket ID Number: EPA-HQ-OPP-2017-0653. Applicant: Nippon Soda Co., Ltd c/o Nisso America Inc., 88 Pine Street, 14th Floor, New York, NY 10005. Product name: Picarbutrazox 20 WG. Active Ingredient: Fungicide-Picarbutrazox at 20%. Proposed Uses: Turf. Contact: RD.

    4. EPA: 8033-RGT. Docket ID Number: EPA-HQ-OPP-2017-0653. Applicant: Nippon Soda Co., Ltd c/o Nisso America Inc., 88 Pine Street, 14th Floor, New York, NY 10005. Product name: Picarbutrazox Technical. Active Ingredient: Fungicide-Picarbutrazox at 97.5%. Proposed Uses: Cucurbit vegetables (Crop Group 9), leafy greens (Crop Sub-group 4-16A), turf, corn, and soybean. Contact: RD.

    File Symbols: 279-GAGR and 279-GAGN. Docket ID number: EPA-HQ-OPP-2017-0417. Applicant: FMC Corporation, 1735 Market Street, Philadelphia, PA 19103. Product names: Valifenalate Technical and F9177-2 WG. Active ingredient: Fungicide and Valifenalate at 98.4% (Valifenalate Technical) and 10% (F9177-2 WG). Proposed Uses: Classification/Use Bulb vegetable crop group 3-07, cucurbit vegetable crop group 9, fruiting vegetable crop group 8-10, celery, tomato-wet peel, and potatoes. Contact: RD.

    File Symbol: 67986-I. Docket ID number: EPA-HQ-OPP-2017-0707. Applicant: OmniLytics, Inc., 9100 South 500 West, Sandy, UT 84070. Product name: AgriPhage-Fire Blight. Active ingredient: Bactericide—Bacteriophage active against Erwinia amylovora at 0.0001%. Proposed use: To be used on apples and pears for the control of fire blight caused by the bacterium Erwinia amylovora. Contact: BPPD.

    File Symbol: 89017-A. Docket ID number: EPA-HQ-OPP-2017-0725. Applicant: Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616). Product name: Clonostachys rosea strain 88-710 TGAI. Active ingredient: Fungicide—Clonostachys rosea strain 88-710 at 100%. Proposed use: For manufacturing of pesticide products containing Clonostachys rosea strain 88-170. Contact: BPPD.

    File Symbol: 89017-G. Docket ID number: EPA-HQ-OPP-2017-0724. Applicant: Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616). Product name: API EP#4. Active ingredient: Fungicide—Clonostachys rosea strain ACM941 at 95.00%. Proposed use: Seed treatment. Contact: BPPD.

    File Symbol: 89017-I. Docket ID number: EPA-HQ-OPP-2017-0725. Applicant: Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616). Product name: API EP#2. Active ingredient: Fungicide—Clonostachys rosea strain 88-710 at 95.00%. Proposed use: Field, greenhouse, turf/lawn, forestry, and residential. Contact: BPPD.

    File Symbol: 89017-O. Docket ID number: EPA-HQ-OPP-2017-0724. Applicant: Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616). Product name: API EP#5. Active ingredient: Fungicide—Clonostachys rosea strain ACM941 at 95.00%. Proposed use: Field, greenhouse, turf/lawn, forestry, and residential. Contact: BPPD.

    File Symbol: 89017-R. Docket ID number: EPA-HQ-OPP-2017-0724. Applicant: Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616). Product name: Clonostachys rosea strain ACM941 TGAI. Active ingredient: Fungicide—Clonostachys rosea strain ACM941 at 100%. Proposed use: For manufacturing of pesticide products containing Clonostachys rosea strain ACM941. Contact: BPPD.

    File Symbol: 89017-RN. Docket ID numbers: EPA-HQ-OPP-2017-0724 and EPA-HQ-OPP-2017-0725. Applicant: Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616). Product name: API EP#7. Active ingredients: Fungicide—Clonostachys rosea strain 88-710 and Clonostachys rosea strain ACM941 at 47.50% and 47.50%, respectively. Proposed use: Field, greenhouse, turf/lawn, forestry, and residential. Contact: BPPD.

    File Symbol: 89017-T. Docket ID number: EPA-HQ-OPP-2017-0725. Applicant: Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616). Product name: API EP#1. Active ingredient: Fungicide—Clonostachys rosea strain 88-710 at 95.00%. Proposed use: Seed treatment. Contact: BPPD.

    File Symbol: 89017-U. Docket ID numbers: EPA-HQ-OPP-2017-0724 and EPA-HQ-OPP-2017-0725. Applicant: Adjuvants Plus, Inc., 1755 Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616). Product name: API EP#6. Active ingredients: Fungicide—Clonostachys rosea strain 88-710 and Clonostachys rosea strain ACM941 at 47.50% and 47.50%, respectively. Proposed use: Seed treatment. Contact: BPPD.

    File Symbol: 89635-U. Docket ID number: EPA-HQ-OPP-2017-0706. Applicant: Koppert Biological Systems, Inc., 1502 Old US 23, Howell, MI 48843. Product name: KM1110 WDG. Active ingredient: Fungicide—Metschnikowia fructicola strain NRRL Y-27328 at 58.5%. Proposed use: Fungicide to prevent post-harvest decay in small fruit vine climbing plants, low growing berries, and stone fruits. Contact: BPPD.

    File Symbol: 91279-E. Docket ID number: EPA-HQ-OPP-2017-0749. Applicant: toXcel, LLC, 7140 Heritage Village Plaza, Gainesville, VA 20155 (on behalf of Green Ravenna, Via Matteotti, 16-48121, Ravenna, Italy). Product name: Proradix MUP. Active ingredient: Fungicide—Pseudomonas sp. strain DSMZ 13134 at 5.4%. Proposed use: For formulation of fungicides to reduce soilborne diseases. Contact: BPPD.

    File Symbol: 91279-R. Docket ID number: EPA-HQ-OPP-2017-0749. Applicant: toXcel, LLC, 7140 Heritage Village Plaza, Gainesville, VA 20155 (on behalf of Green Ravenna, Via Matteotti, 16-48121, Ravenna, Italy). Product name: Proradix. Active ingredient: Fungicide—Pseudomonas sp. strain DSMZ 13134 at 0.8%. Proposed use: To reduce soilborne diseases on potato, onion, garlic, tomato, eggplant, pepper, squash, melon, watermelon, cucumber and strawberry. Contact: BPPD.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: January 29, 2018. Hamaad Syed, Acting Director, Information Technology and Resources Management Division, Office of Pesticide Programs.
    [FR Doc. 2018-04524 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL HOUSING FINANCE AGENCY [No. 2018-N-2] Privacy Act of 1974; System of Records AGENCY:

    Federal Housing Finance Agency.

    ACTION:

    Notice of a modified system of records.

    SUMMARY:

    In accordance with the requirements of the Privacy Act of 1974, as amended, (Privacy Act), the Federal Housing Finance Agency (FHFA) is making a revision to an existing system of records entitled “Suspended Counterparty System” (FHFA-23). The Suspended Counterparty System contains information that FHFA uses to implement the Suspended Counterparty Program by which the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the eleven Federal Home Loan Banks (Banks) are required to submit reports to FHFA when they become aware that an individual or institutions and any affiliates thereof, who are currently or have been engaged in a covered transaction with a regulated entity within three years of when the regulated entity becomes aware of covered misconduct, have engaged in fraud or other financial misconduct.

    DATES:

    To be assured of consideration, comments must be received on or before April 5, 2018. The revisions to the existing system will become effective on April 5, 2018 without further notice unless comments necessitate otherwise. FHFA will publish a new notice if the effective date is delayed to review comments or if changes are made based on comments received.

    ADDRESSES:

    Submit comments to FHFA, identified by “2018-N-2,” using any one of the following methods:

    Agency website: www.fhfa.gov/open-for-comment-or-input.

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. If you submit your comment to the Federal eRulemaking Portal, please also send it by email to FHFA at [email protected] to ensure timely receipt by FHFA. Please include “Comments/No. 2018-N-2” in the subject line of the message.

    Hand Delivered/Courier: The hand delivery address is: Alfred M. Pollard, General Counsel, Attention: Comments/No. 2018-N-2, Federal Housing Finance Agency, 400 7th Street SW, Eighth Floor, Washington, DC 20219. The package should be delivered to the 7th Street entrance Guard Desk, First Floor, on business days between 9 a.m. and 5 p.m.

    U.S. Mail, United Parcel Service, Federal Express, or Other Mail Service: The mailing address for comments is: Alfred M. Pollard, General Counsel, Attention: Comments/No. 2018-N-2, Federal Housing Finance Agency, 400 7th Street SW, Eighth Floor, Washington, DC 20219. Please note that all mail sent to FHFA via the U.S. Postal Service is routed through a national irradiation facility, a process that may delay delivery by approximately two weeks. For any time-sensitive correspondence, please plan accordingly.

    See SUPPLEMENTARY INFORMATION for additional information on submission and posting of comments.

    FOR FURTHER INFORMATION CONTACT:

    Tasha Cooper, Associate General Counsel, [email protected] or (202) 649-3091; Stacy Easter, Privacy Act Officer, [email protected] or (202) 649-3803; or David A. Lee, Senior Agency Official for Privacy, [email protected] or (202) 649-3803 (not toll-free numbers), Federal Housing Finance Agency, Eighth Floor, 400 7th Street SW, Washington, DC 20219. The telephone number for the Telecommunications Device for the Deaf is 800-877-8339.

    SUPPLEMENTARY INFORMATION: I. Comments

    FHFA seeks public comments on the revision to the system of records and will take all comments into consideration. See 5 U.S.C. 552a(e)(4) and (11). In addition to referencing “Comments/No. 2018-N-2,” please reference the “Suspended Counterparty System” (FHFA-23).

    All comments received will be posted without change on the FHFA website at http://www.fhfa.gov, and will include any personal information provided, such as name, address (mailing and email), telephone numbers, and any other information you provide. In addition, copies of all comments received will be available for public inspection on business days between the hours of 10 a.m. and 3 p.m., at the Federal Housing Finance Agency, 400 7th Street SW, Washington, DC 20219. To make an appointment to inspect comments, please call the Office of General Counsel at (202) 649-3804.

    II. Introduction

    This notice informs the public of FHFA's proposed revisions to an existing system of records. This notice satisfies the Privacy Act requirement that an agency publish a system of records notice in the Federal Register when there is an addition or change to an agency's system of records. Congress has recognized that application of all requirements of the Privacy Act to certain categories of records may have an undesirable and often unacceptable effect upon agencies in the conduct of necessary public business. Consequently, Congress established general exemptions and specific exemptions that could be used to exempt records from provisions of the Privacy Act. Congress also required that exempting records from provisions of the Privacy Act would require the head of an agency to publish a determination to exempt a record from the Privacy Act as a rule in accordance with the Administrative Procedure Act. The Director of FHFA has determined that records and information in this system of records are not exempt from the requirements of the Privacy Act.

    As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to section 7 of OMB Circular No. A-108, “Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act,” dated December 23, 2016 (81 FR 94424 (Dec. 23, 2016)), prior to publication of this notice, FHFA submitted a report describing the revisions to the system of records covered by this notice to the Office of Management and Budget, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

    III. Revised System of Records

    The “Suspended Counterparty System” (FHFA-23) system of records is being revised to change the name to “Suspended Counterparty Program System,” expand the purpose of the system, and to add three new routine uses. The name change is to more accurately reflect the system and program. The current purpose of the system is to receive reports from the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the eleven Federal Home Loan Banks (FHLBanks) when they become aware that an individual or institutions and any affiliates thereof, who are currently or have been engaged in a covered transaction with a regulated entity within three years of when the regulated entity becomes aware of the covered misconduct, have engaged in fraud or other financial misconduct. FHFA is proposing to expand the purpose of the system to include collecting information from other organizations and entities, besides Fannie Mae, Freddie Mac and the FHLBanks, that voluntarily submit reports to FHFA about counterparties that have engaged in covered misconduct as defined in the Suspended Counterparty Regulation at 12 CFR 1227.2.

    The three new routine uses will permit FHFA to share information in the Suspended Counterparty System with Fannie Mae, Freddie Mac and the FHLBanks (hereinafter “regulated entities); with state and federal housing or financial regulators; and state or federal professional licensing agencies.

    The revisions to the system of records notice is described in detail below. All other aspects of the system of records notice, other than the changes described below, remain unchanged.

    SYSTEM NAME AND NUMBER:

    Suspended Counterparty Program System FHFA-23.

    SECURITY CLASSIFICATION:

    Sensitive but unclassified.

    SYSTEM LOCATION:

    Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219, and any alternate work site utilized by employees of the Federal Housing Finance Agency (FHFA) or by individuals assisting such employees.

    SYSTEM MANAGER(S):

    Office of General Counsel, Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219.

    PURPOSE(S) OF THE SYSTEM:

    The purpose of the System is expanded to include collecting information from other organizations and entities that voluntarily submit reports to FHFA about counterparties that have engaged in covered misconduct as defined in the Suspended Counterparty Regulation at 12 CFR 1227.2.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES:

    (13) To an FHFA regulated entity.

    (14) To state and federal housing or financial regulators.

    (15) To state or federal professional licensing agencies.

    HISTORY:

    The FHFA Suspended Counterparty System (FHFA-23) system of records was last published in the Federal Register on November 25, 2014 (79 FR 70181).

    Dated: February 28, 2018. Melvin L. Watt, Director, Federal Housing Finance Agency.
    [FR Doc. 2018-04527 Filed 3-5-18; 8:45 am] BILLING CODE 8070-01-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)—SIP18-001, Targeting Treatment Gaps: Describing When, How Quickly, And Why Persons with Epilepsy Are Referred For Specialty Care.

    Date: April 25, 2018.

    Time: 11:00 a.m.-4:00 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. 2018-04479 Filed 3-5-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Advisory Council for the Elimination of Tuberculosis Meeting (ACET) AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, the CDC announces the following meeting of the Advisory Council for the Elimination of Tuberculosis Meeting (ACET). This meeting is open to the public, limited only by 100 room seating and 100 ports for audio phone lines. Time will be available for public comment. The public is welcome to submit written comments in advance of the meeting. Comments should be submitted in writing by email to the contact person listed below. The deadline for receipt is Monday, April 9, 2018. Persons who desire to make an oral statement, may request it at the time of the public comment period on April 17, 2018 at 3:20 p.m. EDT. This meeting is accessible by web conference: 1-877-927-1433 and participant passcode: 12016435 and https://adobeconnect.cdc.gov/r5p8l2tytpq/.

    DATES:

    The meeting will be held on April 17, 2018, 8:30 a.m. to 3:30 p.m., EDT.

    ADDRESSES:

    8 Corporate Blvd., Building 8, Conference Rooms 1A and 1B, Atlanta, Georgia, 30329 and web conference.

    FOR FURTHER INFORMATION CONTACT:

    Margie Scott-Cseh, Committee Management Specialist, CDC, 1600 Clifton Road NE, Mailstop: E-07, Atlanta, Georgia, 30329, telephone (404) 639-8317; [email protected].

    SUPPLEMENTARY INFORMATION:

    Purpose: This Council advises and makes recommendations to the Secretary of Health and Human Services, the Assistant Secretary for Health, and the Director, CDC, regarding the elimination of tuberculosis. Specifically, the Council makes recommendations regarding policies, strategies, objectives, and priorities; addresses the development and application of new technologies; and reviews the extent to which progress has been made toward eliminating tuberculosis.

    Matters to be Considered: The agenda will include: (1) Update on Report of Verified Case of Tuberculosis (RVCT) revision; (2) Overview of Division of Global Migration and Quarantine (DGMQ) TB Technical Instructions; (3) Update on healthcare workers screening guidelines; and (4) Updates from ACET workgroups. Agenda items are subject to change as priorities dictate.

    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. 2018-04477 Filed 3-5-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Clinical Laboratory Improvement Advisory Committee (CLIAC) AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, the CDC announces the following meeting for the Clinical Laboratory Improvement Advisory Committee (CLIAC). This meeting is open to the public, limited only by the space available. The meeting room accommodates approximately 100 people. The public is also welcome to view the meeting by webcast. Check the CLIAC website on the day of the meeting for the webcast link https://wwwn.cdc.gov/cliac/. Please see information regarding attending the meeting in the summary section below.

    DATES:

    The meeting will be held on April 10, 2018, 8:30 a.m. to 5:30 p.m., EDT and April 11, 2018, 8:30 a.m. to 1:00 p.m., EDT.

    ADDRESSES:

    Food and Drug Administration (FDA) White Oak Campus, 10903 New Hampshire Avenue, Building 31, Great Room, Silver Spring, MD 20993.

    FOR FURTHER INFORMATION CONTACT:

    Nancy Anderson, MMSc, MT(ASCP), Senior Advisor for Clinical Laboratories, Division of Laboratory Systems, Center for Surveillance, Epidemiology and Laboratory Services, Office of Public Health Scientific Services, Centers for Disease Control and Prevention, 1600 Clifton Road NE, Mailstop F-11, Atlanta, Georgia 30329-4027 telephone (404) 498-2741; [email protected]

    SUPPLEMENTARY INFORMATION:

    All people attending the CLIAC meeting in-person are required to register for the meeting online at least 5 business days in advance for U.S. citizens and at least 10 business days in advance for international registrants. Register at: https://wwwn.cdc.gov/cliac/. Register by scrolling down and clicking the “Register for this Meeting” button and completing all forms according to the instructions given. Please complete all the required fields before submitting your registration and submit no later than April 2, 2018 for U.S. registrants and March 26, 2018 for international registrants.

    It is the policy of CLIAC to accept written public comments and provide a brief period for oral public comments on agenda items. Public comment periods for each agenda item are scheduled immediately prior to the Committee discussion period for that item. In general, each individual or group requesting to make oral comments will be limited to a total time of five minutes (unless otherwise indicated). To assure adequate time is scheduled for public comments, speakers should notify the contact person below at least 5 business days prior to the meeting date. For individuals or groups unable to attend the meeting, CLIAC accepts written comments until the date of the meeting (unless otherwise stated). However, it is requested that comments be submitted at least 5 business days prior to the meeting date so that the comments may be made available to the Committee for their consideration and public distribution. Written comments, one hard copy with original signature, should be provided to the contact person at the mailing or email address below, and will be included in the meeting's Summary Report. The CLIAC meeting materials will be made available to the Committee and the public in electronic format (PDF) on the internet instead of by printed copy. Check the CLIAC website on the day of the meeting for materials: https://wwwn.cdc.gov/cliac/.

    Purpose: This Committee is charged with providing scientific and technical advice and guidance to the Secretary of Health and Human Services (HHS); the Assistant Secretary for Health; the Director, Centers for Disease Control and Prevention; the Commissioner, Food and Drug Administration (FDA); and the Administrator, Centers for Medicare and Medicaid Services (CMS). The advice and guidance pertain to general issues related to improvement in clinical laboratory quality and laboratory medicine practice and specific questions related to possible revision of the Clinical Laboratory Improvement Amendment (CLIA) standards. Examples include providing guidance on studies designed to improve safety, effectiveness, efficiency, timeliness, equity, and patient-centeredness of laboratory services; revisions to the standards under which clinical laboratories are regulated; the impact of proposed revisions to the standards on medical and laboratory practice; and the modification of the standards and provision of non-regulatory guidelines to accommodate technological advances, such as new test methods, the electronic transmission of laboratory information, and mechanisms to improve the integration of public health and clinical laboratory practices.

    Matters to be Considered: The agenda will include agency updates from CDC, CMS, and FDA. Presentations and discussions will focus on the clinical laboratory workforce; implementation of next generation sequencing in clinical laboratories; laboratory interoperability; and using clinical laboratory data to improve quality and laboratory medicine practices. Agenda items are subject to change as priorities dictate.

    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. 2018-04475 Filed 3-5-18; 8:45 am] BILLING CODE 4163-19-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Advisory Board on Radiation and Worker Health (ABRWH or the Advisory Board), National Institute for Occupational Safety and Health (NIOSH) AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, the CDC announces the following meeting of the Advisory Board on Radiation and Worker Health (ABRWH). This meeting is open to the public, limited only by the space available. The meeting space accommodates approximately 150 people. The public is welcome to submit written comments in advance of the meeting, to the contact person below. Written comments received in advance of the meeting will be included in the official record of the meeting. The public is also welcome to listen to the meeting by joining the teleconference at the USA toll-free, dial-in number at 1-866-659-0537; the pass code is 9933701. The conference line has 150 ports for callers. The Web conference by which the public can view presentations as they are presented is https://webconf.cdc.gov/zab6/yzdq02pl?sl=1.

    DATES:

    The meeting will be held on April 11, 2018 from 9:00 a.m. to 5:30 p.m. EDT. A public comment session will follow at 5:30 p.m. and conclude at 6:30 p.m. or following the final call for public comment, whichever comes first.

    ADDRESSES:

    Doubletree by Hilton Hotel Oak Ridge—Knoxville, 215 S. Illinois Avenue, Oak Ridge, TN 37830; Phone: (865) 481-2468, Fax: (865) 481-2474. Audio conference call via FTS Conferencing. The USA toll-free dial-in number is 1-866-659-0537; the pass code is 9933701. Web conference by Skype: meeting CONNECTION: https://webconf.cdc.gov/zab6/yzdq02pl?sl=1.

    FOR FURTHER INFORMATION CONTACT:

    Theodore Katz, MPA, Designated Federal Officer, NIOSH, CDC, 1600 Clifton Road, Mailstop E-20, Atlanta, Georgia 30333, Telephone (513) 533-6800, Toll Free 1 (800) CDC-INFO, Email [email protected] .

    SUPPLEMENTARY INFORMATION:

    Background: The Advisory Board was established under the Energy Employees Occupational Illness Compensation Program Act of 2000 to advise the President on a variety of policy and technical functions required to implement and effectively manage the new compensation program. Key functions of the Advisory Board include providing advice on the development of probability of causation guidelines which have been promulgated by the Department of Health and Human Services (HHS) as a final rule, advice on methods of dose reconstruction which have also been promulgated by HHS as a final rule, advice on the scientific validity and quality of dose estimation and reconstruction efforts being performed for purposes of the compensation program, and advice on petitions to add classes of workers to the Special Exposure Cohort (SEC). In December 2000, the President delegated responsibility for funding, staffing, and operating the Advisory Board to HHS, which subsequently delegated this authority to the CDC. NIOSH implements this responsibility for CDC. The charter was issued on August 3, 2001, renewed at appropriate intervals, rechartered on March 22, 2016 pursuant to Executive Order 13708, and will expire on March 22, 2018.

    Purpose: This Advisory Board is charged with (a) providing advice to the Secretary, HHS, on the development of guidelines under Executive Order 13179; (b) providing advice to the Secretary, HHS, on the scientific validity and quality of dose reconstruction efforts performed for this program; and (c) upon request by the Secretary, HHS, advising the Secretary on whether there is a class of employees at any Department of Energy facility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on whether there is reasonable likelihood that such radiation doses may have endangered the health of members of this class.

    Matters to be Considered: The agenda will include discussions on: NIOSH Program Update; Department of Labor Program Update; Department of Energy Program Update; SEC Petitions Update; possible discussions of Site Profile reviews for Weldon Spring Plant (Weldon Spring, Missouri), Pacific Proving Grounds (Marshall Islands), and Feed Materials Production Center (Fernald, Ohio); Dose and Dose-Rate Effectiveness Factors for Low-LET Radiation; Honoring Dr. Melius; and Board Work Sessions. Agenda items are subject to change as priorities dictate.

    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. 2018-04476 Filed 3-5-18; 8:45 am] BILLING CODE 4163-19-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)-PAR15-353, Centers for Agricultural Safety and Health (Ag Ctr).

    Date: April 17, 2018.

    Time: 1:00 p.m.-6:00 p.m., EDT.

    Place: Teleconference.

    Agenda: To review and evaluate grant applications.

    FOR FURTHER INFORMATION CONTACT:

    Michael Goldcamp, Ph.D., Scientific Review Officer/CDC, 1095 Willowdale Road, Mailstop H1808, Morgantown, West Virginia, 26505, (304) 285-5951; [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. 2018-04478 Filed 3-5-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Public Comment Request; Information Collection Request Title: Faculty Loan Repayment Program; OMB No. 0915-0150—Extension AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the requirement for opportunity for public comment on proposed data collection projects of the Paperwork Reduction Act of 1995, HRSA announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on this ICR should be received no later than May 7, 2018.

    ADDRESSES:

    Submit your comments to [email protected] or mail the HRSA Information Collection Clearance Officer, Room 14N39, 5600 Fishers Lane, Rockville, MD 20857.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the data collection plans and draft instruments, email [email protected] or call Lisa Wright-Solomon, the HRSA Information Collection Clearance Officer at (301) 443-1984.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the information request collection title for reference, in compliance with Section 3506(c)(2)(A), the Paperwork Reduction Act of 1995.

    Information Collection Request Title: Faculty Loan Repayment Program; OMB No. 0915-0150—Extension.

    Abstract: HRSA administers the Faculty Loan Repayment Program (FLRP). FLRP provides degree-trained health professionals from disadvantaged backgrounds based on environmental and/or economic factors the opportunity to enter into a contract with HHS in exchange for the repayment of qualifying educational loans for a minimum of 2 years of service as a full-time or part-time faculty member at eligible health professions schools.

    Need and Proposed Use of the Information: The information collected will be used to evaluate applicants' eligibility to participate in FLRP and to monitor FLRP-related activities.

    Likely Respondents: FLRP applicants and institutions providing employment to the applicants.

    Burden Statement: Burden in this context means the time expended by persons to generate, maintain, retain, disclose, or provide the information requested. This includes the time needed to review instructions; to develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information. The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total
  • responses
  • Average
  • burden per
  • response
  • (in hours)
  • Total
  • burden hours
  • Eligible Applications 111 1 111 1 111 Institution/Loan Repayment Employment Form * 111 * 1 111 1 111 Authorization to Release Information Form 111 1 111 .25 27.75 Total 222 249.75 * Respondent for this form is the institution for the applicant.

    HRSA specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Amy McNulty, Acting Director, Division of the Executive Secretariat.
    [FR Doc. 2018-04481 Filed 3-5-18; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration National Vaccine Injury Compensation Program; List of Petitions Received AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    HRSA is publishing this notice of petitions received under the National Vaccine Injury Compensation Program (the program), as required by the Public Health Service (PHS) Act, as amended. While the Secretary of HHS is named as the respondent in all proceedings brought by the filing of petitions for compensation under the program, the United States Court of Federal Claims is charged by statute with responsibility for considering and acting upon the petitions.

    FOR FURTHER INFORMATION CONTACT:

    For information about requirements for filing petitions, and the Program in general, contact Lisa L. Reyes, Clerk of Court, United States Court of Federal Claims, 717 Madison Place NW, Washington, DC 20005, (202) 357-6400. For information on HRSA's role in the Program, contact the Director, National Vaccine Injury Compensation Program, 5600 Fishers Lane, Room 08N146B, Rockville, MD 20857; (301) 443-6593, or visit our website at: http://www.hrsa.gov/vaccinecompensation/index.html.

    SUPPLEMENTARY INFORMATION:

    The program provides a system of no-fault compensation for certain individuals who have been injured by specified childhood vaccines. Subtitle 2 of Title XXI of the PHS Act, 42 U.S.C. 300aa-10 et seq., provides that those seeking compensation are to file a petition with the United States Court of Federal Claims and to serve a copy of the petition on the Secretary of HHS, who is named as the respondent in each proceeding. The Secretary has delegated this responsibility under the program to HRSA. The Court is directed by statute to appoint special masters who take evidence, conduct hearings as appropriate, and make initial decisions as to eligibility for, and amount of, compensation.

    A petition may be filed with respect to injuries, disabilities, illnesses, conditions, and deaths resulting from vaccines described in the Vaccine Injury Table (the table) set forth at 42 CFR 100.3. This table lists for each covered childhood vaccine the conditions that may lead to compensation and, for each condition, the time period for occurrence of the first symptom or manifestation of onset or of significant aggravation after vaccine administration. Compensation may also be awarded for conditions not listed in the table and for conditions that are manifested outside the time periods specified in the table, but only if the petitioner shows that the condition was caused by one of the listed vaccines.

    Section 2112(b)(2) of the PHS Act, 42 U.S.C. 300aa-12(b)(2), requires that “[w]ithin 30 days after the Secretary receives service of any petition filed under section 2111 the Secretary shall publish notice of such petition in the Federal Register.” Set forth below is a list of petitions received by HRSA on January 1, 2018, through January 31, 2018. This list provides the name of petitioner, city and state of vaccination (if unknown then city and state of person or attorney filing claim), and case number. In cases where the Court has redacted the name of a petitioner and/or the case number, the list reflects such redaction.

    Section 2112(b)(2) also provides that the special master “shall afford all interested persons an opportunity to submit relevant, written information” relating to the following:

    1. The existence of evidence “that there is not a preponderance of the evidence that the illness, disability, injury, condition, or death described in the petition is due to factors unrelated to the administration of the vaccine described in the petition,” and

    2. Any allegation in a petition that the petitioner either:

    a. “[S]ustained, or had significantly aggravated, any illness, disability, injury, or condition not set forth in the Vaccine Injury Table but which was caused by” one of the vaccines referred to in the Table, or

    b. “[S]ustained, or had significantly aggravated, any illness, disability, injury, or condition set forth in the Vaccine Injury Table the first symptom or manifestation of the onset or significant aggravation of which did not occur within the time period set forth in the Table but which was caused by a vaccine” referred to in the Table.

    In accordance with Section 2112(b)(2), all interested persons may submit written information relevant to the issues described above in the case of the petitions listed below. Any person choosing to do so should file an original and three (3) copies of the information with the Clerk of the U.S. Court of Federal Claims at the address listed above (under the heading For Further Information Contact), with a copy to HRSA addressed to Director, Division of Injury Compensation Programs, Healthcare Systems Bureau, 5600 Fishers Lane, 08N146B, Rockville, MD 20857. The Court's caption (Petitioner's Name v. Secretary of Health and Human Services) and the docket number assigned to the petition should be used as the caption for the written submission. Chapter 35 of title 44, United States Code, related to paperwork reduction, does not apply to information required for purposes of carrying out the Program.

    Dated: February 28, 2018. George Sigounas, Administrator. List of Petitions Filed 1. Marilyn Datte, Midland, Michigan, Court of Federal Claims No: 18-0002V 2. Neena Hartshorn, Grandview, Missouri, Court of Federal Claims No: 18-0007V 3. Ronnie Duesterheft, Lockhart, Texas, Court of Federal Claims No: 18-0008V 4. Ana Severino, Boston, Massachusetts, Court of Federal Claims No: 18-0009V 5. Maureen Pascual, San Jose, California, Court of Federal Claims No: 18-0010V 6. Joshua Yeargin and Sheri Yeargin on behalf of W. Y., Washington, District of Columbia, Court of Federal Claims No: 18-0011V 7. Joshua Yeargin and Sheri Yeargin on behalf of A. Y., Washington, District of Columbia, Court of Federal Claims No: 18-0012V 8. Susan Grossman, Kinnelon, New Jersey, Court of Federal Claims No: 18-0013V 9. Sharmora Phillips on behalf of P. N. H., Deceased, New York, New York, Court of Federal Claims No: 18-0015V 10. Ingrid M. Larish, Alden, New York, Court of Federal Claims No: 18-0020V 11. Suzanne Mulrenin on behalf of R. M., Phoenix, Arizona, Court of Federal Claims No: 18-0022V 12. Nathania Stephens, Mankato, Minnesota, Court of Federal Claims No: 18-0023V 13. Alton Redfern, Sr., Greensboro, North Carolina, Court of Federal Claims No: 18-0026V 14. Melissa Bishop, Kingsport, Tennessee, Court of Federal Claims No: 18-0027V 15. Matthew Gotch, Aurora, Colorado, Court of Federal Claims No: 18-0028V 16. Carolyn Gurney on behalf of Donald K. Gurney, American Fork, Utah, Court of Federal Claims No: 18-0029V 17. Lorinda L. Schneider on behalf of M. A. M., Salem, Indiana, Court of Federal Claims No: 18-0030V 18. Prescilla Laurilla, Chicago, Illinois, Court of Federal Claims No: 18-0031V 19. Velva C. Sloan, Huntington, West Virginia, Court of Federal Claims No: 18-0032V 20. Leah Cromer, Orangeburg, South Carolina, Court of Federal Claims No: 18-0033V 21. Kim Mailangkay, Patton, California, Court of Federal Claims No: 18-0036V 22. Richard Stroessner, Ash Flat, Arkansas, Court of Federal Claims No: 18-0037V 23. Dean Leslie, Louisville, Kentucky, Court of Federal Claims No: 18-0039V 24. Donna Gordon on behalf of Ray A. Gordon, Deceased, Boston, Massachusetts, Court of Federal Claims No: 18-0040V 25. Donald A. Barrett, Rochester, New York, Court of Federal Claims No: 18-0041V 26. Jonathan G. Adams, Green Brook, New Jersey, Court of Federal Claims No: 18-0042V 27. Dorothy Smith, Odessa, Texas, Court of Federal Claims No: 18-0043V 28. Lori Carre, Norristown, Pennsylvania, Court of Federal Claims No: 18-0044V 29. Jessica Ott, Waterloo, Iowa, Court of Federal Claims No: 18-0050V 30. Lonn Rickstrom, Washington, District of Columbia, Court of Federal Claims No: 18-0053V 31. Karin Martindale, Jacksonville, Florida, Court of Federal Claims No: 18-0054V 32. Donna Callaway, Charlotte, North Carolina, Court of Federal Claims No: 18-0055V 33. Hayley Stricker, Phoenix, Arizona, Court of Federal Claims No: 18-0056V 34. Becky Layne, Palmer, Tennessee, Court of Federal Claims No: 18-0057V 35. Robbie Hartley, Rome, Georgia, Court of Federal Claims No: 18-0058V 36. Walter White, Laguna Beach, California, Court of Federal Claims No: 18-0059V 37. Dennis Allen, Jr., Allegan, Michigan, Court of Federal Claims No: 18-0060V 38. Donald Nearing, Vista, California, Court of Federal Claims No: 18-0066V 39. Terrance Monk on behalf of Child Daughter, Nanuet, New York, Court of Federal Claims No: 18-0068V 40. Cheryl Welch, Boston, Massachusetts, Court of Federal Claims No: 18-0074V 41. Sherri Cayton, Highpoint, North Carolina, Court of Federal Claims No: 18-0075V 42. Lisa McGonigal, Akron, Ohio, Court of Federal Claims No: 18-0077V 43. Yoshida Tate, Waupun, Wisconsin, Court of Federal Claims No: 18-0081V 44. L. C. Hogan, Waupun, Wisconsin, Court of Federal Claims No: 18-0082V 45. Sara Bokobza, San Diego, California, Court of Federal Claims No: 18-0083V 46. Robert Cramer, Rochester, Minnesota, Court of Federal Claims No: 18-0085V 47. Wanda Witherspoon, Baltimore, Maryland, Court of Federal Claims No: 18-0087V 48. Jennifer Robinson, Sherman, Texas, Court of Federal Claims No: 18-0088V 49. Mehmet Ozgur, Burbank, California, Court of Federal Claims No: 18-0089V 50. Michael Kuhn, Springfield, Illinois, Court of Federal Claims No: 18-0091V 51. Robert C. Lott, Butler, Pennsylvania, Court of Federal Claims No: 18-0095V 52. Marissa Nicole Como, Providence, Rhode Island, Court of Federal Claims No: 18-0099V 53. Cynthia Price Taylor, Boston, Massachusetts, Court of Federal Claims No: 18-0100V 54. Tonya Bohatch, Grindstone, Pennsylvania, Court of Federal Claims No: 18-0101V 55. Michael Allison, Tacoma, Washington, Court of Federal Claims No: 18-0103V 56. Richard Van Dycke, Chicago, Illinois, Court of Federal Claims No: 18-0106V 57. Herbert E. Bowling, Jr. on behalf of Evelyn L. Bowling, Deceased, Geneva, Ohio, Court of Federal Claims No: 18-0109V 58. Gianluca Saccone, Decatur, Georgia, Court of Federal Claims No: 18-0113V 59. Joe H. Castillo, Washington, District of Columbia, Court of Federal Claims No: 18-0115V 60. Claudie Lee Southern, Irving, Texas, Court of Federal Claims No: 18-0116V 61. Daniel Boits, Portage, Indiana, Court of Federal Claims No: 18-0119V 62. Kathy Lynn Gipple, Johnston, Iowa, Court of Federal Claims No: 18-0120V 63. Heather Snyder, Lancaster, Pennsylvania, Court of Federal Claims No: 18-0122V 64. Wyatt Bell, Kuna, Idaho, Court of Federal Claims No: 18-0125V 65. Linda Skadra, Latham, New York, Court of Federal Claims No: 18-0126V 66. Jennifer Brown, Washington, District of Columbia, Court of Federal Claims No: 18-0127V 67. Fred Bove, San Francisco, California, Court of Federal Claims No: 18-0128V 68. Kenneth Capra, Lakewood, Colorado, Court of Federal Claims No: 18-0129V 69. Marilee Boerger, Sheboygan, Wisconsin, Court of Federal Claims No: 18-0130V 70. Linda Kuznitz, Washington, District of Columbia, Court of Federal Claims No: 18-0131V 71. Taylor E. Porter and Kelvin D. Woods on behalf of A. W., Deceased, Linwood, New Jersey, Court of Federal Claims No: 18-0132V 72. Melissa Norred, Phoenix, Arizona, Court of Federal Claims No: 18-0133V 73. Carl Browning, Palestine, Texas, Court of Federal Claims No: 18-0135V 74. Ricardo Hernandez, Dallas, Texas, Court of Federal Claims No: 18-0137V 75. Steven Streeter, Piermont, New York, Court of Federal Claims No: 18-0138V 76. Leslie Mintzer, New York, New York, Court of Federal Claims No: 18-0139V 77. Cynthia Nute, Wentzville, Missouri, Court of Federal Claims No: 18-0140V 78. Wanda J. Payne, Taylorsville, North Carolina, Court of Federal Claims No: 18-0145V 79. Daphne Dodson, Columbus, Ohio, Court of Federal Claims No: 18-0150V 80. Archana Chander on behalf of L. M., Phoenix, Arizona, Court of Federal Claims No: 18-0151V 81. Edward McCall, Phoenix, Arizona, Court of Federal Claims No: 18-0152V 82. Elaine H. Lander, Wellesley Hills, Massachusetts, Court of Federal Claims No: 18-0153V 83. Michael Cericola, Bristol, Virginia, Court of Federal Claims No: 18-0155V 84. John Huff, Covington, Kentucky, Court of Federal Claims No: 18-0156V 85. Monica Gomez, San Diego, California, Court of Federal Claims No: 18-0157V 86. Margery Hebden, Myrtle Beach, South Carolina, Court of Federal Claims No: 18-0158V 87. Ami Neil, Walker, Michigan, Court of Federal Claims No: 18-0159V 88. Nga Hong Jones, Clackamas, Oregon, Court of Federal Claims No: 18-0160V
    [FR Doc. 2018-04506 Filed 3-5-18; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Submission to OMB for Review and Approval; Public Comment Request; Federal Tort Claims Act (FTCA) Program Deeming Application for Health Centers, OMB No. 0906-XXXX—NEW AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with of the Paperwork Reduction Act of 1995, HRSA has submitted an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. Comments submitted during the first public review of this ICR will be provided to OMB. OMB will accept further comments from the public during the review and approval period.

    DATES:

    Comments on this ICR should be received no later than April 5, 2018.

    ADDRESSES:

    Submit your comments, including the Information Collection Request Title, to the desk officer for HRSA, either by email to [email protected] or by fax to 202-395-5806.

    FOR FURTHER INFORMATION CONTACT:

    To request a copy of the clearance requests submitted to OMB for review, email Lisa Wright-Solomon, the HRSA Information Collection Clearance Officer at [email protected] or call (301) 443-1984.

    SUPPLEMENTARY INFORMATION:

    Information Collection Request Title: Federal Tort Claims Act (FTCA) Program Deeming Application for Health Centers, OMB No. 0906-XXXX— NEW.

    Abstract: Section 224(g)-(n) of the Public Health Service (PHS) Act (42 U.S.C. 233(g)-(n)), as amended, authorizes the “deeming” of entities receiving funds under section 330 of the PHS Act as PHS employees for the purposes of receiving Federal Tort Claims Act (FTCA) coverage. The Health Center Program is administered by HRSA. Health centers submit deeming applications to HRSA in the prescribed form and manner in order to obtain deemed PHS employee status, with the associated FTCA coverage.

    Need and Proposed Use of the Information: Deeming applications must address certain specified criteria required by law in order for deeming determinations to be issued, and FTCA application forms are critical to HRSA's deeming determination process. These forms provide HRSA with the information essential for application evaluation and a deeming determination for the purposes of FTCA coverage. The application information is also used to determine whether a site visit is appropriate to assess issues relating to the health center's quality of care and to determine technical assistance needs.

    Likely Respondents: Respondents include Health Center Program funds recipients seeking deemed PHS employee status for purposes of FTCA coverage.

    Burden Statement: Burden in this context means the time expended by persons to generate, maintain, retain, disclose or provide the information requested. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information. The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total
  • responses
  • Average
  • burden per
  • response
  • (in hours)
  • Total
  • burden
  • hours
  • FTCA Health Center Program Initial Application 35 1 35 2.5 87.5 FTCA Health Center Program Redeeming Application 1125 1 1125 2.5 2812.5 Total 1160 1160 2900
    Amy McNulty, Acting Director, Division of the Executive Secretariat.
    [FR Doc. 2018-04482 Filed 3-5-18; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Announcing Project Period Extensions With Funding for Health Center Program Award Recipients in Puerto Rico; Health Center Program AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Announcing project period extensions with Funding for Health Center Program Award recipients in Puerto Rico.

    SUMMARY:

    HRSA provided additional grant funds to 4 award recipients in Puerto Rico with project periods ending in fiscal year 2018 to extend their current project periods by 12 months to prevent interruptions in the provision of critical health care services while they recover from Hurricane Maria.

    SUPPLEMENTARY INFORMATION:

    Recipients of the Award: Four Health Center Program award recipients in Puerto Rico vulnerable to a lapse in service provision in their service areas due to the impact of Hurricane Maria on the operational resources available for competitive application preparation for fiscal year 2018, as listed in Table 1.

    Amount of Non-Competitive Awards: Four awards for $17,482,070.

    Period of Supplemental Funding: Fiscal year 2018.

    CFDA Number: 93.224.

    Authority: Section 330 of the Public Health Service Act, as amended (42 U.S.C. 254b, as amended).

    Justification: In September 2017, HHS declared a hurricane-related public health emergency in Puerto Rico. Health centers in Puerto Rico and the patients they serve continue to face significant challenges associated with recovery from Hurricane Maria. For these four award recipients, the funding permits them to continue to operate in the current fiscal year before submitting competitive applications by the end of the 12-month extension period. Extending the project period and providing flexibility for competing applications for these four award recipients aligns with the Office of Management and Budget's memorandum to provide short-term relief to affected award recipients, “Administrative Relief for Grantees Impacted by Hurricanes Harvey, Irma, and Maria,” signed on October 26, 2017.

    HRSA awarded approximately $17 million to the four existing Health Center Program award recipients noted in Table 1.

    Table 1—Recipients and Award Amounts Grant No. Award recipient name State Award amount H80CS00382 Morovis Community Health Center, Inc PR $2,561,918 H80CS00695 HPM Foundation, Inc PR 4,938,854 H80CS00598 Salud Integral en la Montana, Inc PR 7,720,986 H80CS22687 Corporacion de Salud Asegurada por Nuestra Organizacin Solidaria, Inc. (S.A.N.O.S.) PR 2,260,312 FOR FURTHER INFORMATION CONTACT:

    Olivia Shockey, Expansion Division Director, Office of Policy and Program Development, Bureau of Primary Health Care, Health Resources and Services Administration, at [email protected] or 301-594-4300.

    Dated: February 27, 2018. George Sigounas, Administrator.
    [FR Doc. 2018-04507 Filed 3-5-18; 8:45 am] BILLING CODE 4165-15-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; Topics in Pathogenic Eukaryotes.

    Date: March 13, 2018.

    Time: 1:00 p.m. to 5:00 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: Tera Bounds, Ph.D., DVM, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3198, MSC 7808, Bethesda, MD 20892, 301 435-2306, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Center for Scientific Review Special Emphasis Panel—Health Informatics SBIR/STTR Applications.

    Date: March 26-27, 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: Sudha Veeraraghavan, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, 301-435-1504, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Mobile and Connected Health Interventions to Improve HIV Care.

    Date: March 27, 2018.

    Time: 10:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Shalanda A. Bynum, Ph.D., MPH, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3206, Bethesda, MD 20892, 301-755-4355, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Exploration of Antimicrobial Therapeutics and Resistance.

    Date: March 28-29, 2018.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Westin St. Francis San Francisco on Union Square, 335 Powell Street, San Francisco, CA 94102.

    Contact Person: Susan Daum, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Dr. Room 3202, Bethesda, MD 20892, 301-827-7233, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business: Cardiovascular Respiratory Sciences.

    Date: March 28, 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: Sara Ahlgren, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, RM 4136, Bethesda, MD 20892, 301-435-0904, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Auditory Neuroscience.

    Date: March 28, 2018.

    Time: 9:00 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:Kirk Thompson, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5184, MSC 7844, Bethesda, MD 20892, 301-435-1242, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business: Musculoskeletal Rehabilitation Sciences.

    Date: March 28, 2018.

    Time: 10:00 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.

    Contact Person: Maria Nurminskaya, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, Bethesda, MD 20892, (301) 435-1222, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Toxicology and Digestive, Kidney and Urological Systems AREA Review.

    Date: March 28, 2018.

    Time: 10:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Aiping Zhao, MD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2188, MSC 7818, Bethesda, MD 20892-7818, (301) 435-0682, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Academic Research Enhancement Award.

    Date: March 28, 2018.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Jian Cao, MD, Scientific Review Officer, Center for Scientific Review, 6701 Rockledge Drive, Bethesda, MD 20892, 301-827-5902, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Cancer Research.

    Date: March 28, 2018.

    Time: 1:00 p.m. to 5:00 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: C.L. Albert Wang, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4146, MSC 7806, Bethesda, MD 20892, 301-435-1016, [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 28, 2018. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-04465 Filed 3-5-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer 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 Cancer Institute Special Emphasis Panel; U01-U24: Translational Research for Liver Cancer Detection.

    Date: March 15-16, 2018.

    Time: 12:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute, Shady Grove, 9609 Medical Center Drive, Room 7W554, Rockville, MD 20850 (Telephone Conference Call).

    Contact Person: Christopher L. Hatch, Ph.D., Scientific Review Officer, Program Coordination & Referral Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W554, Bethesda, MD 20892-9750. 240-276-6454, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: February 28, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-04466 Filed 3-5-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; RFA-RM-17-015: Metabolomics Core for the Undiagnosed Diseases Network (UDN) Phase II.

    Date: March 6, 2018.

    Time: 1:00 p.m. to 6:00 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: Nuria E. Assa-Munt, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4164, MSC 7806, Bethesda, MD 20892, (301) 451-1323, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: February 28, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-04464 Filed 3-5-18; 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; Socioeconomic Disparities in Aging.

    Date: March 2, 2018.

    Time: 8:30 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, Bethesda, MD 20814.

    Contact Person: Carmen, Moten, Ph.D., MPH, Scientific Review Officer, National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, 301-402-7703, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: February 28, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-04467 Filed 3-5-18; 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 Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID SEP for Patient Oriented Research Career Development Award (K23).

    Date: March 26, 2018.

    Time: 1:00 p.m. to 2:00 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: Frank S. De Silva, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room #3E72A, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9823, Rockville, MD 20892-9823, (240) 669-5023, [email protected].

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Investigator Initiated Program Project Applications (P01).

    Date: March 29, 2018.

    Time: 9:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Geetanjali Bansal, Ph.D., Scientific Reviewer Officer, Scientific Review Program, Division of Extramural Activities, Room 3G49, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9834, Bethesda, MD 20892-9834, (240) 669-5073, [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 28, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-04468 Filed 3-5-18; 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; PAR Panel: Physical Activity and Weight Control Interventions Among Cancer Survivors: Biomarkers.

    Date: March 15, 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: 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].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Physical Activity and Weight Control Interventions Among Cancer Survivors: Biomarkers.

    Date: March 15, 2018.

    Time: 1:00 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: Stacey FitzSimmons, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3114, MSC 7808, Bethesda, MD 20892, 301-451-9956, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Drug Abuse Dissertation Research.

    Date: March 26, 2018.

    Time: 11:00 a.m. to 2:00 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: Robert Freund, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5216, MSC 7852, Bethesda, MD 20892, 301-435-1050, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Social Epigenomics Research Focused on Minority Health and Health Disparities.

    Date: March 27, 2018.

    Time: 8:30 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Suzanne Ryan, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3139, MSC 7770, Bethesda, MD 20892, (301) 435-1712, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Social Epigenomics Research Focused on Minority Health and Health Disparities.

    Date: March 27, 2018.

    Time: 8:30 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Lisa Steele, Ph.D., Scientific Review Officer, PSE IRG, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3139, MSC 7770, Bethesda, MD 20892, 301-594-6594, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Program Project Review (PAR-16-393): Pharmacology of Drugs of Abuse During Pregnancy.

    Date: March 27, 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: Atul Sahai, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2188, MSC 7818, Bethesda, MD 20892, 301-435-1198, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Topics in Toxicology.

    Date: March 27, 2018,

    Time: 1:00 p.m. to 5:00 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: Jonathan K Ivins, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2190, MSC 7850, Bethesda, MD 20892, (301) 594-1245, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: VH Member Special Emphasis Panel.

    Date: March 27, 2018.

    Time: 2:00 p.m. to 5:00 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: Larry Pinkus, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4132, MSC 7802, Bethesda, MD 20892, (301) 435-1214, [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 28, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-04463 Filed 3-5-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies AGENCY:

    Substance Abuse and Mental Health Services Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Health and Human Services (HHS) notifies federal agencies of the laboratories and Instrumented Initial Testing Facilities (IITF) currently certified to meet the standards of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines).

    A notice listing all currently HHS-certified laboratories and IITFs is published in the Federal Register during the first week of each month. If any laboratory or IITF certification is suspended or revoked, the laboratory or IITF will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines.

    If any laboratory or IITF has withdrawn from the HHS National Laboratory Certification Program (NLCP) during the past month, it will be listed at the end and will be omitted from the monthly listing thereafter.

    This notice is also available on the internet at http://www.samhsa.gov/workplace.

    FOR FURTHER INFORMATION CONTACT:

    Giselle Hersh, Division of Workplace Programs, SAMHSA/CSAP, 5600 Fishers Lane, Room 16N03A, Rockville, Maryland 20857; 240-276-2600 (voice).

    SUPPLEMENTARY INFORMATION:

    The Department of Health and Human Services (HHS) notifies federal agencies of the laboratories and Instrumented Initial Testing Facilities (IITF) currently certified to meet the standards of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 (53 FR 11970), and subsequently revised in the Federal Register on June 9, 1994 (59 FR 29908); September 30, 1997 (62 FR 51118); April 13, 2004 (69 FR 19644); November 25, 2008 (73 FR 71858); December 10, 2008 (73 FR 75122); April 30, 2010 (75 FR 22809); and on January 23, 2017 (82 FR 7920)

    The Mandatory Guidelines were initially developed in accordance with Executive Order 12564 and section 503 of Public Law 100-71. The “Mandatory Guidelines for Federal Workplace Drug Testing Programs,” as amended in the revisions listed above, requires strict standards that laboratories and IITFs must meet in order to conduct drug and specimen validity tests on urine specimens for federal agencies.

    To become certified, an applicant laboratory or IITF must undergo three rounds of performance testing plus an on-site inspection. To maintain that certification, a laboratory or IITF must participate in a quarterly performance testing program plus undergo periodic, on-site inspections.

    Laboratories and IITFs in the applicant stage of certification are not to be considered as meeting the minimum requirements described in the HHS Mandatory Guidelines. A HHS-certified laboratory or IITF must have its letter of certification from HHS/SAMHSA (formerly: HHS/NIDA), which attests that it has met minimum standards.

    In accordance with the Mandatory Guidelines dated January 23, 2017 (82 FR 7920), the following HHS-certified laboratories and IITFs meet the minimum standards to conduct drug and specimen validity tests on urine specimens:

    HHS-Certified Instrumented Initial Testing Facilities Dynacare, 6628 50th Street NW, Edmonton, AB Canada T6B 2N7, 780-784-1190, (Formerly: Gamma-Dynacare Medical Laboratories) HHS-Certified Laboratories ACM Medical Laboratory, Inc., 160 Elmgrove Park, Rochester, NY 14624, 844-486-9226 Alere Toxicology Services, 1111 Newton St., Gretna, LA 70053, 504-361-8989/800-433-3823, (Formerly: Kroll Laboratory Specialists, Inc., Laboratory Specialists, Inc.) Alere Toxicology Services, 450 Southlake Blvd., Richmond, VA 23236, 804-378-9130, (Formerly: Kroll Laboratory Specialists, Inc., Scientific Testing Laboratories, Inc.; Kroll Scientific Testing Laboratories, Inc.) Baptist Medical Center-Toxicology Laboratory, 11401 I-30, Little Rock, AR 72209-7056, 501-202-2783, (Formerly: Forensic Toxicology Laboratory Baptist Medical Center) Clinical Reference Laboratory, Inc., 8433 Quivira Road, Lenexa, KS 66215-2802, 800-445-6917 DrugScan, Inc., 200 Precision Road, Suite 200, Horsham, PA 19044, 800-235-4890 Dynacare,* 245 Pall Mall Street, London, ONT, Canada N6A 1P4, 519-679-1630, (Formerly: Gamma-Dynacare Medical Laboratories)

    * The Standards Council of Canada (SCC) voted to end its Laboratory Accreditation Program for Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation (DOT) regulations. As of that date, the certification of those accredited Canadian laboratories will continue under DOT authority. The responsibility for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA-accredited laboratories was transferred to the U.S. HHS, with the HHS' NLCP contractor continuing to have an active role in the performance testing and laboratory inspection processes. Other Canadian laboratories wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. laboratories do.

    ElSohly Laboratories, Inc., 5 Industrial Park Drive, Oxford, MS 38655, 662-236-2609 Laboratory Corporation of America Holdings, 7207 N. Gessner Road, Houston, TX 77040, 713-856-8288/800-800-2387 Laboratory Corporation of America Holdings, 69 First Ave., Raritan, NJ 08869, 908-526-2400/800-437-4986, (Formerly: Roche Biomedical Laboratories, Inc.) Laboratory Corporation of America Holdings, 1904 TW Alexander Drive, Research Triangle Park, NC 27709, 919-572-6900/800-833-3984, (Formerly: LabCorp Occupational Testing Services, Inc., CompuChem Laboratories, Inc.; CompuChem Laboratories, Inc., A Subsidiary of Roche Biomedical Laboratory; Roche CompuChem Laboratories, Inc., A Member of the Roche Group) Laboratory Corporation of America Holdings, 1120 Main Street, Southaven, MS 38671, 866-827-8042/800-233-6339, (Formerly: LabCorp Occupational Testing Services, Inc.; MedExpress/National Laboratory Center) LabOne, Inc. d/b/a Quest Diagnostics, 10101 Renner Blvd., Lenexa, KS 66219, 913-888-3927/800-873-8845, (Formerly: Quest Diagnostics Incorporated; LabOne, Inc.; Center for Laboratory Services, a Division of LabOne, Inc.) MedTox Laboratories, Inc., 402 W. County Road D, St. Paul, MN 55112, 651-636-7466/800-832-3244 Legacy Laboratory Services—MetroLab, 1225 NE 2nd Ave., Portland, OR 97232, 503-413-5295/800-950-5295 Minneapolis Veterans Affairs Medical Center, Forensic Toxicology Laboratory, 1 Veterans Drive, Minneapolis, MN 55417, 612-725-2088, Testing for Veterans Affairs (VA) Employees Only National Toxicology Laboratories, Inc., 1100 California Ave., Bakersfield, CA 93304, 661-322-4250/800-350-3515 One Source Toxicology Laboratory, Inc., 1213 Genoa-Red Bluff, Pasadena, TX 77504, 888-747-3774, (Formerly: University of Texas Medical Branch, Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory) Pacific Toxicology Laboratories, 9348 DeSoto Ave., Chatsworth, CA 91311, 800-328-6942, (Formerly: Centinela Hospital Airport Toxicology Laboratory) Pathology Associates Medical Laboratories, 110 West Cliff Dr., Spokane, WA 99204, 509-755-8991/800-541-7891x7 Phamatech, Inc., 15175 Innovation Drive, San Diego, CA 92128, 888-635-5840 Quest Diagnostics Incorporated, 1777 Montreal Circle, Tucker, GA 30084, 800-729-6432, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories) Quest Diagnostics Incorporated, 400 Egypt Road, Norristown, PA 19403, 610-631-4600/877-642-2216, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories) Quest Diagnostics Incorporated, 8401 Fallbrook Ave., West Hills, CA 91304, 818-737-6370, (Formerly: SmithKline Beecham Clinical Laboratories) Redwood Toxicology Laboratory, 3700 Westwind Blvd., Santa Rosa, CA 95403, 800-255-2159 STERLING Reference Laboratories, 2617 East L Street, Tacoma, Washington 98421, 800-442-0438 US Army Forensic Toxicology Drug Testing Laboratory, 2490 Wilson St., Fort George G. Meade, MD 20755-5235, 301-677-7085, Testing for Department of Defense (DoD) Employees Only

    Upon finding a Canadian laboratory to be qualified, HHS will recommend that DOT certify the laboratory (Federal Register, July 16, 1996) as meeting the minimum standards of the Mandatory Guidelines published in the Federal Register on January 23, 2017 (82 FR 7920). After receiving DOT certification, the laboratory will be included in the monthly list of HHS-certified laboratories and participate in the NLCP certification maintenance program.

    Charles LoDico, Chemist.
    [FR Doc. 2018-04444 Filed 3-5-18; 8:45 am] BILLING CODE 4160-20-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket Number USCG-2018-0005] Area Maritime Security Committee; Charleston, SC Committee Vacancies AGENCY:

    Coast Guard, DHS.

    ACTION:

    Solicitation for membership.

    SUMMARY:

    This notice requests individuals interested in serving on the Area Maritime Security Committee (AMSC), Charleston, SC, submit their resume to the Federal Maritime Security Coordinator (FMSC), Charleston, SC. The Committee assists the FMSC, Charleston, SC, in developing, reviewing, and updating the Area Maritime Security Plan for their area of responsibility.

    DATES:

    Requests for membership should reach the FMSC, Charleston, SC, by April 5, 2018.

    ADDRESSES:

    Resumes should be submitted to the following address: Coast Guard Sector Charleston, Attention: Mr. Dennis Bradford, 1050 Register St., North Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    For questions about submitting an application, or about the AMSC in general, contact, Mr. Dennis Bradford at [email protected]

    SUPPLEMENTARY INFORMATION:

    Authority

    Section 102 of the Maritime Transportation Security Act (MTSA) of 2002 (Pub. L. 107-295) added section 70112 to Title 46 of the U.S. Code, and authorized the Secretary of the Department in which the Coast Guard is operating to establish Area Maritime Security Advisory Committees for any port area of the United States. (See 33 U.S.C. 1226; 46 U.S.C. chapter 701; 50 U.S.C. 191, 192; 33 CFR 1.05-1, 6.01; Department of Homeland Security Delegation No. 0170.1). Under 46 U.S.C. 70112(g)(1)(B), the Federal Advisory Committee Act (FACA) does not apply to AMSCs.

    The AMSCs shall assist the FMSC in the development, review, update, and exercising of the Area Maritime Security Plan for their area of responsibility. Such matters may include, but are not limited to: Identifying critical port infrastructure and operations; identifying risks (threats, vulnerabilities, and consequences); determining mitigation strategies and implementation methods; developing and describing the process to continually evaluate overall port security by considering consequences and vulnerabilities, how they may change over time, and what additional mitigation strategies can be applied; and providing advice to, and assisting the FMSC in developing and maintaining the Area Maritime Security Plan.

    AMSC Membership

    Members of the AMSC should have at least five years of expertise related to maritime or port security operations.

    Applicants may be required to pass an appropriate security background check prior to appointment to the Committee. Applicants must register with and remain active as Coast Guard HOMEPORT users if appointed. Members' terms of office will be for five years; however, a member is eligible to serve additional terms of office. Members will not receive any salary or other compensation for their service on an AMSC. In accordance with 33 CFR 103.305, members may be selected from the Federal, Territorial, or Tribal governments; the State government and political subdivisions of the State; local public safety, crisis management, and emergency response agencies; law enforcement and security organizations; maritime industry, including labor; other port stakeholders having a special competence in maritime security; and port stakeholders affected by security practices and policies.

    The Department of Homeland Security does not discriminate in selection of Committee members on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disability and genetic information, age, membership in an employee organization, or any other non-merit factor. The Department of Homeland Security strives to achieve a widely diverse candidate pool for all of its recruitment actions.

    Format of Applications

    Those seeking membership should submit their resume to [email protected], highlighting experience in the maritime and security industries.

    Dated: March 1, 2018. J.W. Reed, Captain, U.S. Coast Guard Federal Maritime Security Coordinator, Charleston, SC.
    [FR Doc. 2018-04496 Filed 3-5-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Agency Information Collection Activities: Homeland Security Acquisition Regulation (HSAR); Various Homeland Security Acquisitions Regulations Forms; DHS-2018-0010 AGENCY:

    Office of the Chief Procurement Officer, Department of Homeland Security (DHS).

    ACTION:

    60-Day notice and request for comments; extension of a currently approved collection, 1600-0002.

    SUMMARY:

    The DHS Office of the Chief Procurement Officer will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The purpose of the information collected is to ensure proper closing of physically complete contracts. The information will be used by DHS contracting officers to ensure compliance with terms and conditions of DHS contracts and to complete reports required by other Federal agencies such as the General Services Administration (GSA) and the Department of Labor (DOL). If this information is not collected, DHS could inadvertently violate statutory or regulatory requirements and DHS's interests concerning inventions and contractors' claims would not be protected.

    DATES:

    Comments are encouraged and will be accepted until May 7, 2018. This process is conducted in accordance with 5 CFR 1320.1.

    ADDRESSES:

    You may submit comments, identified by docket number DHS-2018-0010, at:

    Federal eRulemaking Portal: http://www.regulations.gov. Please follow the instructions for submitting comments.

    Instructions: All submissions received must include the agency name and docket number DHS-2018-0010. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Nancy Harvey, (202) 447-0956, [email protected].

    SUPPLEMENTARY INFORMATION:

    This information collection is associated with the forms listed below and is necessary to implement applicable parts of the HSAR (48 CFR Chapter 30). There are four forms under this collection of information request that are used by offerors, contractors, and the general public to comply with requirements in contracts awarded by DHS. The information collected is used by contracting officers to ensure compliance with terms and conditions of DHS contracts.

    The forms are as follows:

    1. DHS Form 0700-01, Cumulative Claim and Reconciliation Statement (see (HSAR) 48 CFR 3004.804-507(a)(3) 2. DHS Form 0700-02, Contractor's Assignment of Refund, Rebates, Credits and Other Amounts (see (HSAR) 48 CFR 3004.804-570(a)(2) 3. DHS Form 0700-03, Contractor's Release (see (HSAR) 48 CFR 3004.804-570(a)(1) 4. DHS Form 0700-04, Employee Claim for Wage Restitution (see (HSAR) 48 CFR 3022.406-9

    These forms will be prepared by individuals, contractors or contract employees during contract administration. The information collected includes the following:

    • DHS Forms 0700-01, 0700-02 and 0700-03: Prepared by individuals, contractors or contract employees prior to contract closure to determine whether there are excess funds that are available for deobligation versus remaining (payable) funds on contracts; assignment or transfer of rights, title, and interest to the Government; and release from liability. The contracting officer obtains the forms from the contractor for closeout, as applicable. Forms 0700-01 and 02 are mainly used for calculating costs related to the closeout of cost-reimbursement, time-and-materials, and labor-hour contracts; and, Form 0700-03 is mainly used for calculating costs related to the closeout of cost-reimbursement, time-and-materials, and labor-hour contracts but can be used for all contract types.

    • DHS Form 0700-04 is prepared by contractor employees making claims for unpaid wages. Contracting officers must obtain this form from employees seeking restitution under contracts to provide to the Comptroller General. This form is applicable to all contract types, both opened and closed.

    The purpose of the information collected is to ensure proper closing of physically complete contracts. The information will be used by DHS contracting officers to ensure compliance with terms and conditions of DHS contracts and to complete reports required by other Federal agencies such as the General Services Administration (GSA) and DOL. If this information is not collected, DHS could inadvertently violate statutory or regulatory requirements and DHS's interests concerning inventions and contractors' claims would not be protected.

    The four DHS forms are available on the DHS Homepage (https://www.dhs.gov/sites/default/files/publications/CPO_HSAR_1_0.pdf). These forms can be filled in electronically and can be submitted via email or facsimile to the specified Government point of contact. Since the responses must meet specific timeframes, a centralized mailbox or website would not be an expeditious or practical method of submission. The use of email or facsimile is the best solution and is most commonly used in the Government. The information requested by these forms is required by the HSAR. The forms are prescribed for use in the closeout of applicable contracts and during contract administration.

    There are FAR and HSAR clauses that require protection of rights in data and proprietary information if requested and designated by an offeror or contractor. Additionally, disclosure or non-disclosure of information is handled in accordance with the Freedom of Information Act. There is no assurance of confidentiality provided to the respondents. No PIA is required as the information is collected from DHS personnel (contractors only). Although, the DHS/ALL/PIA-006 General Contacts lists PIA does provided basic coverage. And technically, because this information is not retrieved by personal identifier, no system of records notice is required. However, DHS/ALL-021 DHS Contractors and Consultants provides coverage for the collection of records on DHS contractors and consultants, to include resume and qualifying employment information.

    The burden estimates provided are based upon contracts reported by DHS and its Components to the Federal Procurement Data System (FPDS) for Fiscal Year 2016. No program changes occurred and there were no changes to the information being collected. However, the burden was adjusted to reflect an agency adjustment increase of 46,701 in the number of respondents within DHS for Fiscal Year 2016, as well as an increase in the average hourly wage rate.

    This is an Extension of a Currently Approved Collection, 1600-0002. OMB is particularly interested in comments which:

    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.

    Analysis

    Agency: Office of the Chief Procurement Officer, DHS.

    Title: Agency Information Collection Activities: Homeland Security Acquisition Regulation (HSAR) Various Homeland Security Acquisitions Regulations Forms.

    OMB Number: 1600-0002.

    Frequency: On Occasion.

    Affected Public: Individuals or Households.

    Number of Respondents: 56,238.

    Estimated Time per Respondent: 1 hour.

    Total Burden Hours: 56,238.

    Dated: February 22, 2018. Melissa Bruce, Executive Director, Enterprise Business Management Office.
    [FR Doc. 2018-04455 Filed 3-5-18; 8:45 am] BILLING CODE 9110-9B-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-7002-N-01] 60-Day Notice of Proposed Information Collection: Self-Help Homeownership Opportunity Program (SHOP): Correction AGENCY:

    Office of Community Planning and Development, HUD.

    ACTION:

    Notice; Correction.

    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 60 days of public comment. This notice corrects the due date on previous published notice on February 28, 2018.

    DATES:

    Comments Due Date: May 7, 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: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW, Room 4176, Washington, DC 20410-4500; telephone 202-402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Thann Young, SHOP Program Manager, Office of Rural Housing and Economic Development, U.S. Department of Housing and Urban Development, 451 Seventh Street SW, Room 7240, Washington, DC 20410-4500; telephone 202-402-4464 (this is not a toll-free number) or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: Self-Help Homeownership Opportunity Program (SHOP).

    OMB Approval Number: 2506-0157.

    Type of Request: Extension of currently approved collection.

    Form Number: HUD-424CB, HUD-2880, HUD-2993, HUD-2995, HUD-96011.

    Description of the need for the information and proposed use: This is a proposed information collection for submission requirements under the SHOP Notice of Funding Availability (NOFA). HUD requires information in order to ensure the eligibility of SHOP applicants and the compliance of SHOP proposals, to rate and rank SHOP applications, and to select applicants for grant awards. Information is collected on an annual basis from each applicant that responds to the SHOP NOFA. The SHOP NOFA requires applicants to submit specific forms and narrative responses.

    Respondents: National and regional non-profit self-help housing organizations (including consortia) that apply for funds in response to the SHOP NOFA.

    Frequency of Submission: Annually in response to the issuance of a SHOP NOFA.

    Estimation of the Total Number of Hours Needed To Prepare the Information Collection Including Number of Respondents, Hours per Response, Frequency of Response, and Total Hours of Response for All Respondents

    The estimates of the average hours needed to prepare the information collection are based on information provided by previous applicants. Actual hours will vary depending on the proposed scope of the applicant's program, the applicant's geographic service area and the number of affiliate organizations. The information burden is generally greater for national organizations with numerous affiliates.

    Paperwork requirement Number of
  • respondents
  • Annual
  • response
  • Total
  • responses
  • Burden per
  • response
  • Total annual hours Hourly rate Burden cost per instrument
    SF-424 10 1 10 1 10 25.00 250.00 HUD-424CB 10 1 10 10 10 25.00 250.00 HUD-424 CBW 10 1 10 30 300 25.00 7,500.00 SF-LLL 10 1 10 .5 5 25.00 125.00 HUD-2880 10 1 10 .5 5 25.00 125.00 HUD-2993 10 1 10 .5 5 25.00 125.00 HUD-2995 10 1 .5 5 25.00 125.00 HUD-96011 10 1 10 .5 5 25.00 125.00 Applicant Eligibility 10 1 10 10 100 25.00 2,500.00 SHOP Program Design and Scope of Work 10 1 10 30 300 25.00 7,500.00 Rating Factor 1 10 1 10 25 250 25.00 6,250.00 Rating Factor 2 10 1 10 25 250 25.00 6,250.00 Rating Factor 3 10 1 10 55 550 25.00 13,750.00 Rating Factor 4 10 1 10 30 300 25.00 7,500.00 Rating Factor 5 10 1 10 25 250 25.00 6,250.00 Total Annual Hour Burden 140 140 2,345 25.00 58,625.00
    B. Solicitation of Public Comments

    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 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended.

    Dated: February 28, 2018. Lori Michalski, Acting General Deputy Assistant Secretary for Community Planning and Development.
    [FR Doc. 2018-04530 Filed 3-5-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-6089-N-01] Notice of HUD Vacant Loan Sales (HVLS 2018-1) AGENCY:

    Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.

    ACTION:

    Notice of sales of reverse mortgage loans.

    SUMMARY:

    This notice announces HUD's intention to competitively offer multiple residential reverse mortgage pools

    consisting of approximately 650 reverse mortgage notes secured by properties with a loan balance of approximately $136 million. The sale will consist of due and payable Secretary-held reverse mortgage loans. The mortgage loans consist of first liens secured by single family, vacant residential properties, where all borrowers are deceased, and no borrower is survived by a non-borrowing spouse.

    This notice also generally describes the bidding process for the sale and certain persons who are ineligible to bid. This is the third sale offering of its type and the sale will be held on April 11, 2018.

    DATES:

    For this sale action, the Bidder's Information Package (BIP) is expected to be made available to qualified bidders on or about March 7, 2018. Bids for the HVLS 2018-1 sale will be accepted on the Bid Date of April 11, 2018 (Bid Date). HUD anticipates that award(s) will be made on or about April 13, 2018 (the Award Date).

    ADDRESSES:

    To become a qualified bidder and receive the BIP, prospective bidders must complete, execute, and submit a Confidentiality Agreement and a Qualification Statement acceptable to HUD. Both documents are available via the HUD website at: http://www.hud.gov/sfloansales or via: http://www.verdiassetsales.com. Please mail and fax executed documents to Verdi Consulting, Inc.: Verdi Consulting, Inc., 8400 Westpark Drive, 4th Floor, McLean, VA 22102, Attention: HUD SFLS Loan Sale Coordinator, Fax: 1-703-584-7790.

    FOR FURTHER INFORMATION CONTACT:

    John Lucey, Director, Asset Sales Office, Room 3136, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410-8000; telephone 202-708-2625, extension 3927. Hearing- or speech-impaired individuals may call 202-708-4594 (TTY). These are not toll-free numbers.

    SUPPLEMENTARY INFORMATION:

    HUD announces its intention to sell in HVLS 2018-1 due and payable Secretary-held reverse mortgage loans. The loans consist of first liens secured by single family, vacant residential properties, where all borrowers are deceased, and no borrower is survived by a non-borrowing spouse.

    A listing of the mortgage loans is included in the due diligence materials made available to qualified bidders. The mortgage loans will be sold without FHA insurance and with servicing released. HUD will offer qualified bidders an opportunity to bid competitively on the mortgage loans. The loans are expected to be offered in regional pools.

    The Bidding Process

    The BIP describes in detail the procedure for bidding in HVLS 2018-1. The BIP also includes a standardized non-negotiable Conveyance, Assignment and Assumption Agreement for HVLS 2018-1 (CAA). Qualified bidders will be required to submit a deposit with their bid. Deposits are calculated based upon each qualified bidder's aggregate bid price.

    HUD will evaluate the bids submitted and determine the successful bid, in terms of the best value to HUD, in its sole and absolute discretion. If a qualified bidder is successful, the qualified bidder's deposit will be non-refundable and will be applied toward the purchase price. Deposits will be returned to unsuccessful bidders.

    This notice provides some of the basic terms of sale. The CAA, which is included in the BIP, provides comprehensive contractual terms and conditions. To ensure a competitive bidding process, the terms of the bidding process and the CAA are not subject to negotiation.

    Due Diligence Review

    The BIP describes how qualified bidders may access the due diligence materials remotely via a high-speed internet connection.

    Mortgage Loan Sale Policy

    HUD reserves the right to remove mortgage loans from HVLS 2018-1 at any time prior to the Award Date. HUD also reserves the right to reject any and all bids, in whole or in part, and include any reverse mortgage loans in a later sale. Deliveries of mortgage loans will occur in conjunction with settlement and servicing transfer, approximately 30 to 45 days after the Award Date.

    The HVLS 2018-1 reverse mortgage loans were insured by and were assigned to HUD pursuant to section 255 of the National Housing Act, as amended. The sale of the reverse mortgage loans is pursuant to section 204(g) of the National Housing Act.

    Mortgage Loan Sale Procedure

    HUD selected an open competitive whole-loan sale as the method to sell the mortgage loans for this specific sale transaction. For HVLS 2018-1, HUD has determined that this method of sale optimizes HUD's return on the sale of these loans, affords the greatest opportunity for all qualified bidders to bid on the mortgage loans, and provides the quickest and most efficient vehicle for HUD to dispose of the mortgage loans.

    Bidder Ineligibility

    In order to bid in HVLS 2018-1 as a qualified bidder, a prospective bidder must complete, execute and submit both a Confidentiality Agreement and a Qualification Statement acceptable to HUD. In the Qualification Statement, the prospective bidder must provide certain representations and warranties regarding the prospective bidder, including but not limited to (i) the prospective bidder's board of directors, (ii) the prospective bidder's direct parent, (iii) the prospective bidder's subsidiaries, (iv) any related entity with which the prospective bidder shares a common officer, director, subcontractor or sub-contractor who has access to Confidential Information as defined in the Confidentiality Agreement or is involved in the formation of a bid transaction (collectively the “Related Entities”), and (v) the prospective bidder's repurchase lenders. The prospective bidder is ineligible to bid on any of the reverse mortgage loans included in HVLS 2018-1 if the prospective bidder, its Related Entities or its repurchase lenders, is any of the following, unless other exceptions apply as provided for in the Qualification Statement.

    1. An individual or entity that is currently debarred, suspended, or excluded from doing business with HUD pursuant to the Governmentwide Suspension and Debarment regulations at 2 CFR parts 180 and 2424;

    2. An individual or entity that is currently suspended, debarred or otherwise restricted by any department or agency of the federal government or of a state government from doing business with such department or agency;

    3. An individual or entity that is currently debarred, suspended, or excluded from doing mortgage related business, including having a business license suspended, surrendered or revoked, by any federal, state or local government agency, division or department;

    4. An entity that has had its right to act as a Government National Mortgage Association (“Ginnie Mae”) issuer terminated and its interest in mortgages backing Ginnie Mae mortgage-backed securities extinguished by Ginnie Mae;

    5. An individual or entity that is in violation of its neighborhood stabilizing outcome obligations or post-sale reporting requirements under a Conveyance, Assignment and Assumption Agreement executed for any previous mortgage loan sale of HUD;

    6. An employee of HUD's Office of Housing, a member of such employee's household, or an entity owned or controlled by any such employee or member of such an employee's household with household to be inclusive of the employee's father, mother, stepfather, stepmother, brother, sister, stepbrother, stepsister, son, daughter, stepson, stepdaughter, grandparent, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, first cousin, the spouse of any of the foregoing, and the employee's spouse;

    7. A contractor, subcontractor and/or consultant or advisor (including any agent, employee, partner, director, or principal of any of the foregoing) who performed services for or on behalf of HUD in connection with the sale;

    8. An individual or entity that knowingly acquired or will acquire prior to the sale date material non-public information, other than that information which is made available to Bidder by HUD pursuant to the terms of this Qualification Statement, about mortgage loans offered in the sale;

    9. An individual or entity that knowingly uses the services, directly or indirectly, of any person or entity ineligible under 1 through 10 to assist in preparing any of its bids on the mortgage loans;

    10. An individual or entity which knowingly employs or uses the services of an employee of HUD's Office of Housing (other than in such employee's official capacity); or

    The Qualification Statement has additional representations and warranties which the prospective bidder must make, including but not limited to the representation and warranty that the prospective bidder or its Related Entities are not and will not knowingly use the services, directly or indirectly, of any person or entity that is, any of the following (and to the extent that any such individual or entity would prevent the prospective bidder from making the following representations, such individual or entity has been removed from participation in all activities related to this sale and has no ability to influence or control individuals involved in formation of a bid for this sale):

    (1) An entity or individual is ineligible to bid on any included reverse mortgage loan or on the pool containing such reverse mortgage loan because it is an entity or individual that:

    (a) Serviced or held such reverse mortgage loan at any time during the six-month period prior to the bid; or

    (b) is any principal of any entity or individual described in the preceding sentence;

    (c) any employee or subcontractor of such entity or individual during that six-month period; or

    (d) any entity or individual that employs or uses the services of any other entity or individual described in this paragraph in preparing its bid on such reverse mortgage loan.

    Freedom of Information Act Requests

    HUD reserves the right, in its sole and absolute discretion, to disclose information regarding HVLS 2018-1, including, but not limited to, the identity of any successful qualified bidder and its bid price or bid percentage for any pool of loans or individual loan, upon the closing of the sale of all the Mortgage Loans. Even if HUD elects not to publicly disclose any information relating to SFLS 2018-1, HUD will disclose any information that HUD is obligated to disclose pursuant to the Freedom of Information Act and all regulations promulgated thereunder.

    Scope of Notice

    This notice applies to HVLS 2018-1 and does not establish HUD's policy for the sale of other mortgage loans.

    Dated: February 23, 2018. Dana T. Wade, General Deputy Assistant Secretary for Housing.
    [FR Doc. 2018-04528 Filed 3-5-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900 253G] Updates to Bureau of Indian Affairs Categorical Exclusions Under the National Environmental Policy Act AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of proposed action and request for comments.

    SUMMARY:

    The Bureau of Indian Affairs (BIA) is proposing to amend its categorical exclusions (CATEXs) under the National Environmental Policy Act of 1969 (NEPA) for certain BIA actions and is seeking comment. The BIA is requesting comment on whether to revise or delete any current CATEXs or add any new CATEXs.

    DATES:

    Comments and related material must be postmarked no later than May 7, 2018.

    ADDRESSES:

    Please submit your comments by only one of the following means: (1) By mail to: Dr. BJ Howerton, MBA, Branch Chief Environmental and Cultural Resource Management C/O Department of the Interior, 12220 Sunrise Valley Drive, Reston, VA 20192; or (2) by email to: [email protected] Please put “CATEX” in the subject line.

    FOR FURTHER INFORMATION CONTACT:

    Dr. BJ Howerton, (703) 390-6524, email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    The NEPA requires Federal agencies to consider the potential environmental consequences of their decisions before deciding whether and how to proceed. The Council on Environmental Quality (CEQ) encourages Federal agencies to use CATEXs to protect the environment more efficiently by: (a) Reducing the resources spent analyzing proposals which generally do not have potentially significant environmental impacts, and (b) focusing resources on proposals that may have significant environmental impacts. The appropriate use of CATEXs allow the NEPA review to be concluded without preparing either an environmental assessment (EA) or an environmental impact statement (EIS) (40 CFR 1500.4(p) and § 1508.4).

    The CEQ regulations implementing NEPA define CATEXs as a category of actions that do not individually or cumulatively have a significant effect on the human environment, and for which, therefore, neither an EA nor an EIS is required. (40 CFR 1508.4). The CEQ regulations encourage the use of CATEXs to reduce unnecessary paperwork and delays. A CATEX is a form of NEPA compliance; it is not an exemption from NEPA, but an exemption from requirements to prepare an EIS. Agency procedures must consider “extraordinary circumstances,” in which case a normally excluded action may have a significant effect and require preparation of an EA or EIS.

    The Department of the Interior (Interior) has established CATEXs at 43 CFR 46.210. In addition, BIA has bureau-specific CATEXs. The most recent CATEXs BIA established were three based on CATEXs currently used by the United States Forest Service (FS), as described in FS regulations 36 CFR 220, and by the Bureau of Land Management (BLM), as described the Departmental Manual, 516 DM 11. The BIA relied on the experience of the FS and BLM and applied its expertise to benchmark these CATEXs and determined these are appropriate to establish as BIA CATEXs. Because these CATEXs have important implications for actions occurring on Indian lands, the BIA initiated consultation and requested comments from all federally recognized Tribes. This consultation period began on July 23, 2014, and concluded on September 21, 2014. A notice published in the Federal Register on November 14, 2014 (79 FR 68287) solicited public comments for that CATEX and ultimately, BIA adopted the forestry CATEXs. See 80 FR 8098 (Feb. 13, 2015).

    This notice provides information on current BIA CATEXs and requests comment.

    II. Current BIA CATEXs

    Most of the current BIA CATEXs reside in the Departmental Manual in Part 516 Chapter 10: Managing the NEPA Process—Bureau of Indian Affairs. The majority of those exclusions in section 10.5 have an effective date of May 27, 2004. In addition, a CATEX for single family homesites at section 10.5(M)(7), became effective August 10, 2012. See 77 FR 47862. Most recently, CATEXs for forestry activities at Sections 10.5(H)(11), (12), and (13), became effective February 13, 2015. See 80 FR 8098. All of these CATEXs currently in effect are listed below:

    10.5 Categorical Exclusions.

    A. Operation, Maintenance, and Replacement of Existing Facilities. Examples are normal renovation of buildings, road maintenance and limited rehabilitation of irrigation structures.

    B. Transfer of Existing Federal Facilities to Other Entities. Transfer of existing operation and maintenance activities of Federal facilities to tribal groups, water user organizations, or other entities where the anticipated operation and maintenance activities are in a signed contract, follow BIA policy, and no change in operations or maintenance is anticipated.

    C. Human Resources Programs. Examples are social services, education services, employment assistance, tribal operations, law enforcement and credit and financing activities not related to development.

    D. Administrative Actions and Other Activities Relating to Trust Resources. Examples are: Management of trust funds (collection and distribution), budget, finance, estate planning, wills and appraisals.

    E. Self-Determination and Self-Governance.

    (1) Self-Determination Act contracts and grants for BIA programs listed as categorical exclusions, or for programs in which environmental impacts are adequately addressed in earlier NEPA analysis.

    (2) Self-Governance compacts for BIA programs which are listed as categorical exclusions or for programs in which environmental impacts are adequately addressed in earlier NEPA analysis.

    F. Rights-of-Way.

    (1) Rights-of-Way inside another right-of-way, or amendments to rights-of-way where no deviations from or additions to the original right-of-way are involved and where there is an existing NEPA analysis covering the same or similar impacts in the right-of-way area.

    (2) Service line agreements to an individual residence, building or well from an existing facility where installation will involve no clearance of vegetation from the right-of-way other than for placement of poles, signs (including highway signs), or buried power/cable lines.

    (3) Renewals, assignments and conversions of existing rights-of-way where there would be essentially no change in use and continuation would not lead to environmental degradation.

    G. Minerals.

    (1) Approval of permits for geologic mapping, inventory, reconnaissance and surface sample collecting.

    (2) Approval of unitization agreements, pooling or communitization agreements.

    (3) Approval of mineral lease adjustments and transfers, including assignments and subleases.

    (4) Approval of royalty determinations such as royalty rate adjustments of an existing lease or contract agreement.

    H. Forestry.

    (1) Approval of free-use cutting, without permit, to Indian owners for on-reservation personal use of forest products, not to exceed 2,500 feet board measure when cutting will not adversely affect associated resources such as riparian zones, areas of special significance, etc.

    (2) Approval and issuance of cutting permits for forest products not to exceed $5,000 in value.

    (3) Approval and issuance of paid timber cutting permits or contracts for products valued at less than $25,000 when in compliance with policies and guidelines established by a current management plan addressed in earlier NEPA analysis.

    (4) Approval of annual logging plans when in compliance with policies and guidelines established by a current management plan addressed in earlier NEPA analysis.

    (5) Approval of Fire Management Planning Analysis detailing emergency fire suppression activities.

    (6) Approval of emergency forest and range rehabilitation plans when limited to environmental stabilization on less than 10,000 acres and not including approval of salvage sales of damaged timber.

    (7) Approval of forest stand improvement projects of less than 2000 acres when in compliance with policies and guidelines established by a current management plan addressed in earlier NEPA analysis.

    (8) Approval of timber management access skid trail and logging road construction when consistent with policies and guidelines established by a current management plan addressed in earlier NEPA analysis.

    (9) Approval of prescribed burning plans of less than 2000 acres when in compliance with policies and guidelines established by a current management plan addressed in earlier NEPA analysis.

    (10) Approval of forestation projects with native species and associated protection and site preparation activities on less than 2000 acres when consistent with policies and guidelines established by a current management plan addressed in earlier NEPA analysis.

    (11) Harvesting live trees not to exceed 70 acres, requiring no more than 0.5 mile of temporary road construction. Such activities:

    (a) Shall not include even-aged regeneration harvests or vegetation type conversions.

    (b) May include incidental removal of trees for landings, skid trails, and road clearing.

    (c) May include temporary roads which are defined as roads authorized by contract, permit, lease, other written authorization, or emergency operation not intended to be part of the BIA or Tribal transportation systems and not necessary for long-term resource management. Temporary roads shall be designed to standards appropriate for the intended uses, considering safety, cost of transportation, and impacts on land and resources; and

    (d) Shall require the treatment of temporary roads constructed or used so as to permit the reestablishment by artificial or natural means, of vegetative cover on the roadway and areas where the vegetative cover was disturbed by the construction or use of the road, as necessary to minimize erosion from the disturbed area. Such treatment shall be designed to reestablish vegetative cover as soon as practicable, but at least within 10 years after the termination of the contract.

    Examples include, but are not limited to:

    (a) Removing individual trees for sawlogs, specialty products, or fuelwood.

    (b) Commercial thinning of overstocked stands to achieve the desired stocking level to increase health and vigor.

    (12) Salvaging dead or dying trees not to exceed 250 acres, requiring no more than 0.5 mile of temporary road construction. Such activities:

    (a) May include incidental removal of live or dead trees for landings, skid trails, and road clearing.

    (b) May include temporary roads which are defined as roads authorized by contract, permit, lease, other written authorization, or emergency operation not intended to be part of the BIA or Tribal transportation systems and not necessary for long-term resource management. Temporary roads shall be designed to standards appropriate for the intended uses, considering safety, cost of transportation, and impacts on land and resources; and

    (c) Shall require the treatment of temporary roads constructed or used so as to permit the reestablishment, by artificial or natural means, of vegetative cover on the roadway and areas where the vegetative cover was disturbed by the construction or use of the road, as necessary to minimize erosion from the disturbed area. Such treatment shall be designed to reestablish vegetative cover as soon as practicable, but at least within 10 years after the termination of the contract.

    (d) For this CE, a dying tree is defined as a standing tree that has been severely damaged by forces such as fire, wind, ice, insects, or disease, such that in the judgment of an experienced forest professional or someone technically trained for the work, the tree is likely to die within a few years.

    Examples include, but are not limited to:

    (a) Harvesting a portion of a stand damaged by a wind or ice event.

    (b) Harvesting fire damaged trees.

    (13) Commercial and noncommercial sanitation harvest of trees to control insects or disease not to exceed 250 acres, requiring no more than 0.5 miles of temporary road construction. Such activities:

    (a) May include removal of infested/infected trees and adjacent live uninfested/uninfected trees as determined necessary to control the spread of insects or disease and

    (b) May include incidental removal of live or dead trees for landings, skid trails, and road clearing.

    (c) May include temporary roads which are defined as roads authorized by contract, permit, lease, other written authorization, or emergency operation not intended to be part of the BIA or tribal transportation systems and not necessary for long-term resource management. Temporary roads shall be designed to standards appropriate for the intended uses, considering safety, cost of transportation, and impacts on land and resources; and

    (d) Shall require the treatment of temporary roads constructed or used so as to permit the reestablishment, by artificial or natural means, of vegetative cover on the roadway and areas where the vegetative cover was disturbed by the construction or use of the road, as necessary to minimize erosion from the disturbed area. Such treatment shall be designed to reestablish vegetative cover as soon as practicable, but at least within 10 years after the termination of the contract.

    Examples include, but are not limited to:

    (a) Felling and harvesting trees infested with mountain pine beetles and immediately adjacent uninfested trees to control expanding spot infestations (a buffer) and

    (b) Removing or destroying trees infested or infected with a new exotic insect or disease, such as emerald ash borer, Asian longhorned beetle, or sudden oak death pathogen.

    I. Land Conveyance and Other Transfers. Approvals or grants of conveyances and other transfers of interests in land where no change in land use is planned.

    J. Reservation Proclamations. Lands established as or added to a reservation pursuant to 25 U.S.C. 467, where no change in land use is planned.

    K. Waste Management.

    (1) Closure operations for solid waste facilities when done in compliance with other federal laws and regulations and where cover material is taken from locations which have been approved for use by earlier NEPA analysis.

    (2) Activities involving remediation of hazardous waste sites if done in compliance with applicable federal laws such as the Resource Conservation and Recovery Act (Pub. L. 94-580), Comprehensive Environmental Response, Compensation, and Liability Act (Pub. L. 96-516) or Toxic Substances Control Act (Pub. L. 94-469).

    L. Roads and Transportation.

    (1) Approval of utility installations along or across a transportation facility located in whole within the limits of the roadway right-of-way.

    (2) Construction of bicycle and pedestrian lanes and paths adjacent to existing highways and within the existing rights-of-way.

    (3) Activities included in a “highway safety plan” under 23 CFR 402.

    (4) Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur.

    (5) Emergency repairs under 23 U.S.C. 125.

    (6) Acquisition of scenic easements.

    (7) Alterations to facilities to make them accessible for the elderly or handicapped.

    (8) Resurfacing a highway without adding to the existing width.

    (9) Rehabilitation, reconstruction or replacement of an existing bridge structure on essentially the same alignment or location (e.g., widening, adding shoulders or safety lanes, walkways, bikeways or guardrails).

    (10) Approvals for changes in access control within existing right-of-ways.

    (11) Road construction within an existing right-of-way which has already been acquired for a HUD housing project and for which earlier NEPA analysis has already been prepared.

    M. Other.

    (1) Data gathering activities such as inventories, soil and range surveys, timber cruising, geological, geophysical, archeological, paleontological and cadastral surveys.

    (2) Establishment of non-disturbance environmental quality monitoring programs and field monitoring stations including testing services.

    (3) Actions where BIA has concurrence or co-approval with another Bureau and the action is categorically excluded for that Bureau.

    (4) Approval of an Application for Permit to Drill for a new water source or observation well.

    (5) Approval of conversion of an abandoned oil well to a water well if water facilities are established only near the well site.

    (6) Approval and issuance of permits under the Archaeological Resources Protection Act (16 U.S.C. 470aa-ll) when the permitted activity is being done as a part of an action for which a NEPA analysis has been, or is being prepared.

    (7) Approval of leases, easements or funds for single-family homesites and associated improvements, including but not limited to, construction of homes, outbuildings, access roads, and utility lines, which encompass five acres or less of contiguous land, provided that such sites and associated improvements do not adversely affect any tribal cultural resources or historic properties and are in compliance with applicable federal and tribal laws. Home construction may include up to four dwelling units, whether in a single building or up to four separate buildings.

    III. Comments Invited

    The BIA encourages interested persons to submit written comments on any BIA CATEX. For example, comments may address keeping, revising, or deleting current CATEXS and suggest new CATEXS for consideration. Persons submitting information should include their name, address, and other appropriate contact information. Before including such personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. You may submit your information by one of the means listed under ADDRESSES. If you submit information by mail or hand delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit information by mail and would like to know it was received, please enclose a stamped, self-addressed postcard or envelope. The BIA will consider all comments received during the comment period.

    Dated: January 24, 2018. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs, Exercising the Authority of the Assistant Secretary—Indian Affairs.
    [FR Doc. 2018-04513 Filed 3-5-18; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-9381, AA-9414, AA-9415, AA-9419, AA-9420, AA-9429, AA-9430, AA-9437, AA-9699, AA-9722; 18X.LLAK944000.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:

    Chelsea Kreiner, BLM Alaska State Office, 907-271-4205, 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 122.49 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 April 5, 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.

    Chelsea Kreiner, Land Law Examiner, Adjudication Section.
    [FR Doc. 2018-04474 Filed 3-5-18; 8:45 am] BILLING CODE 4310-JA-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAD01000 L12200000.PM0000 18XL1109AF] Meetings of the Dumont Dunes Subgroup of the California Desert District Advisory Council, CA AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of public meetings.

    SUMMARY:

    In accordance with the Federal Land Policy and Management Act of 1976, the Federal Advisory Committee Act of 1972, and the Federal Lands Recreation Enhancement Act of 2004 (REA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Dumont Dunes Subgroup of the California Desert District Advisory Council (DAC) will meet as indicated below.

    DATES:

    The BLM's Dumont Dunes Subgroup of the California DAC will hold public meetings on March 24, 2018, from 12:00 p.m. to 2:30 p.m., and on September 18, 2018, from 12:00 p.m. to 2:30 p.m.

    ADDRESSES:

    The meetings will be held at the Barstow Field Office, 2601 Barstow Rd., Barstow, CA 92311.

    FOR FURTHER INFORMATION CONTACT:

    Katrina Symons, BLM Barstow Field Office, email: [email protected], telephone: 760-252-6000. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal hours.

    SUPPLEMENTARY INFORMATION:

    The Dumont Dunes Subgroup operates under the authority of the DAC and provides input to the BLM regarding issues pertinent to the Dumont Dunes Off-Highway Vehicle Area. Meetings are open to the public. Proposed agenda items for the two public meetings include holiday volunteer scheduling and BLM updates on management of the Area, according to the principles of multiple use and sustained yield. The public comment period for each meeting will be from 1:45 p.m. to 2:15 p.m.

    Written comments may be filed in advance of the meetings addressed to the California Desert District Advisory Council, Dumont Dunes Subgroup, c/o Barstow Field Office, 2601 Barstow Rd., Barstow, CA 92311 or emailed to [email protected] Written comments are also accepted at the time of the meeting. Final agendas for the two public meetings will be posted on the BLM web page at: https://www.blm.gov/visit/dumont-dunes-ohv-area when finalized.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment that the BLM withhold your personal identifying information from public review, the BLM cannot guarantee that it will be able to do so.

    Authority:

    43 CFR 1784.4-2

    Beth Ransel, California Desert District Manager.
    [FR Doc. 2018-04473 Filed 3-5-18; 8:45 am] BILLING CODE 4310-40-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMTC02200-L14400000-DU0000-17XL1109AF.MO#4500106565] Notice of Intent To Amend the Miles City Field Office 2015 Resource Management Plan and To Prepare an Associated Environmental Assessment, Montana AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of intent.

    SUMMARY:

    In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Miles City Field Office (MCFO), Miles City, Montana, intends to prepare an amendment to the MCFO Approved Resource Management Plan (RMP) with an associated Environmental Assessment (EA) to analyze the sale of the reversionary interest held by the United States (U.S.) in 11.83 acres of land previously conveyed out of Federal ownership, and by this Notice is announcing the beginning of the scoping process to solicit public comments and identify issues.

    DATES:

    This Notice initiates the public scoping process for the RMP Amendment with an associated EA. Comments on issues may be submitted in writing until April 5, 2018. The BLM does not plan to hold any scoping meetings for this Plan Amendment. In order to be included in the analysis, all comments must be received prior to the close of the 30-day scoping period. We will provide additional opportunities for public participation as appropriate.

    ADDRESSES:

    Send written comments to the Field Manager, Miles City Field Office, Bureau of Land Management, 111 Garryowen Road, Miles City, MT 59301. Documents pertinent to this proposal may be examined at the MCFO.

    FOR FURTHER INFORMATION CONTACT:

    Beth Klempel, telephone 406-233-2800, or email [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact Ms. Klempel during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. Normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, except for Federal holidays.

    SUPPLEMENTARY INFORMATION:

    This document provides notice that the BLM MCFO, Miles City, MT, intends to prepare an amendment to the MCFO RMP with an associated EA, announces the beginning of the scoping process, and seeks public input on issues and planning criteria. The planning area is located in Custer County, Montana, and encompasses the reversionary interest held by the U.S. in 11.83 acres of land previously conveyed out of Federal ownership. The BLM has received a request from the current owner to purchase the reversionary interest held by the U.S. in the following described land:

    Principal Meridian, Montana T. 7 N., R. 47 E., Sec. 5, Tract X.

    The area described contains 11.83 acres in Custer County, Montana.

    In 1992, the BLM conveyed the land described above to the Miles Community College under the authority of the Recreation and Public Purposes Act of June 14, 1926 (R&PP) for educational and recreational purposes. Under the college's development plan with the BLM, it has used the land for a rodeo arena, equestrian events, recreation facilities, agriculture-related courses, and programs for the community college's use. If the college purchases the U.S.' reversionary interest, the college could also allow the public to rent the facilities for community use or large events, such as indoor rodeos, concerts, and agriculture and recreation expos. When public land is conveyed under the authority of the R&PP, the U.S. retains a reversionary interest in the land, which could result in title to the land reverting to the U.S. if the land is not used for the purposes for which it was conveyed, or if the land is sold or transferred without the BLM's approval. The BLM is responsible for monitoring the reversionary interest in perpetuity to ensure the land is used for the purposes for which it was conveyed.

    The reversionary interest in the land described above was not specifically identified for sale in the 2015 MCFO RMP and a Plan Amendment is required to process a direct sale. The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis, including alternatives, and guide the planning process.

    The BLM anticipates that the EA will consider both a Plan Amendment and possible subsequent sale of the Federal reversionary interest. The BLM anticipates that the EA will include, at a minimum, input from the disciplines of land-use planning, renewable resources, and non-renewable resources. This Plan Amendment will be limited to an analysis of whether the reversionary interest in the land described above meets the criteria for sale under Section 203 of FLPMA.

    You may submit comments in writing to the BLM as shown in the ADDRESSES section above. To be most helpful, your comments should be submitted by the close of the 30-day scoping period.

    The BLM will use its fulfillment of the NEPA public participation requirements to assist the agency in satisfying the public involvement requirements under Section 106 of the National Historic Preservation Act (16 U.S.C 470(f)) pursuant to 36 CFR 800.2(d)(3). The information about historic and cultural resources within the area potentially affected by the proposed action will assist the BLM in identifying and evaluating impacts to such resources in the context of both NEPA and Section 106 of the NHPA.

    The BLM will consult with Indian tribes on a government-to-government basis in accordance with Executive Order 13175 and other policies. Tribal concerns, including impacts on Indian trust assets and potential impacts to cultural resources, will be given due consideration. Federal, State, and local agencies, along with tribes and other stakeholders that may be interested in or affected by the proposed action that the BLM is evaluating, are invited to participate in the scoping process and, if eligible, may request or be requested by the BLM to participate in the development of the environmental analysis as a cooperating agency.

    The BLM will evaluate identified issues to be addressed in the Plan Amendment, and will place them into one of three categories:

    1. Issues to be resolved in the Plan Amendment;

    2. Issues to be resolved through policy or administrative action; or

    3. Issues beyond the scope of this Plan Amendment.

    The BLM will provide an explanation in the EA as to why an issue was placed in category two or three. The public is also encouraged to help identify any management questions and concerns that should be addressed in the Plan Amendment. The BLM will work collaboratively with interested parties to identify the management decisions that are best suited to local, regional, and national needs and concerns.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    (Authority: 40 CFR 1501.7 and 43 CFR 1610.2) Diane M. Friez, Eastern Montana/Dakotas District Manager.
    [FR Doc. 2018-04483 Filed 3-5-18; 8:45 am] BILLING CODE 4310-DN-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-22748; PPWOCRADN0-PCU00RP15.R50000] Native American Graves Protection and Repatriation Review Committee: Notice of Nomination Solicitation AGENCY:

    National Park Service, Interior.

    ACTION:

    Request for nominations.

    SUMMARY:

    The National Park Service is soliciting nominations for one member of the Native American Graves Protection and Repatriation Review Committee. The Secretary of the Interior will appoint one member from nominations submitted by national museum organizations or national scientific organizations. The Review Committee was established by the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), and is regulated by the Federal Advisory Committee Act (FACA).

    DATES:

    Nominations must be received by June 4, 2018.

    ADDRESSES:

    Melanie O'Brien, Designated Federal Officer, Native American Graves Protection and Repatriation Review Committee, National NAGPRA Program (2253), National Park Service, 1849 C Street NW, Room 7360, Washington, DC 20240, (202) 354-2201 or via email [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Melanie O'Brien, Designated Federal Officer, Native American Graves Protection and Repatriation Review Committee, National NAGPRA Program (2253), National Park Service, 1849 C Street NW, Room 7360, Washington, DC 20240, (202) 354-2201 or via email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Review Committee is responsible for:

    1. Monitoring the NAGPRA inventory and identification process;

    2. Reviewing and making findings related to the identity or cultural affiliation of cultural items, or the return of such items;

    3. Facilitating the resolution of disputes;

    4. Compiling an inventory of culturally unidentifiable human remains and developing a process for disposition of such remains;

    5. Consulting with Indian tribes and Native Hawaiian organizations and museums on matters within the scope of the work of the Review Committee affecting such tribes or organizations;

    6. Consulting with the Secretary of the Interior in the development of regulations to carry out NAGPRA; and

    7. Making recommendations regarding future care of repatriated cultural items.

    The Review Committee consists of seven members appointed by the Secretary of the Interior. The Secretary may not appoint Federal officers or employees to the Review Committee. Three members are appointed from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders. At least two of these members must be traditional Indian religious leaders. Three members are appointed from nominations submitted by national museum or scientific organizations. One member is appointed from a list of persons developed and consented to by all of the other members.

    Members serve as Special Government Employees, and are required to complete annual ethics training. Members are appointed for 4-year terms and incumbent members may be reappointed for 2-year terms. The Review Committee's work is completed during public meetings. The Review Committee attempts to meet in person twice a year and meetings normally last two or three days. In addition, the Review Committee may also meet by public teleconference one or more times per year.

    Review Committee members serve without pay but are reimbursed for each day of meeting attendance. Review Committee members are also reimbursed for travel expenses incurred in association with Review Committee meetings (25 U.S.C. 3006(b)(4)). Additional information regarding the Review Committee, including the Review Committee's charter, meeting protocol, and dispute resolution procedures, is available on the National NAGPRA Program website, at www.nps.gov/NAGPRA/REVIEW/.

    Individuals who are federally registered lobbyists are ineligible to serve on all FACA and non-FACA boards, committees, or councils in an individual capacity. The term “individual capacity” refers to individuals who are appointed to exercise their own individual best judgment on behalf of the government, such as when they are designated Special Government Employees, rather than being appointed to represent a particular interest.

    Nominations must:

    1. Be submitted by a national museum organization or national scientific organization and should be submitted on the official letterhead of the organization.

    2. Affirm that the signatory is the official authorized by the organization to submit the nomination.

    3. Affirm that the organization's activity pertains or relates to the United States as a whole, as opposed to a lesser geographical scope.

    4. Provide the nominator's original signature, daytime telephone number, and email address.

    5. Include the nominee's full legal name, home address, home telephone number, and email address.

    Nominations should include a resume providing an adequate description of the nominee's qualifications, including information that would enable the Department of the Interior to make an informed decision regarding meeting the membership requirements of the Committee and permit the Department of the Interior to contact a potential member.

    Public Disclosure of Comments: Before including your address, phone number, email address, or other personal identifying information with your nomination, you should be aware that your entire nomination—including your personal identifying information—may be made publicly available at any time. While you can ask us in your nomination to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Authority:

    5 U.S.C. Appendix 2; 25 U.S.C. 3006.

    Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2018-04539 Filed 3-5-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-NERO-GATE-25026; PPNEGATEB0, PPMVSCS1Z.Y00000] Notice of March 23, 2018, Meeting of the Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee AGENCY:

    National Park Service, Interior.

    ACTION:

    Meeting notice.

    SUMMARY:

    The National Park Service is hereby giving notice of a meeting of the Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee.

    DATES:

    The meeting will take place on Friday, March 23, 2018, at 9:00 a.m., with a public comment period at 11:00 a.m. (Eastern).

    ADDRESSES:

    The meeting will be held in the meeting room at the Northeast Fisheries Science Center James J. Howard Marine Sciences Laboratory, 74 Magruder Road, Sandy Hook Highlands, New Jersey 07732.

    FOR FURTHER INFORMATION CONTACT:

    Daphne Yun, Acting Public Affairs Officer, Gateway National Recreation Area, 210 New York Avenue, Staten Island, New York 10305, or by telephone (718) 354-4602, or by email [email protected]

    SUPPLEMENTARY INFORMATION:

    Under section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. Appendix 1-16), the purpose of the Committee is to provide advice to the Secretary of the Interior, through the Director of the National Park Service, on the development of a reuse plan and on matters relating to future uses of certain buildings at the Fort Hancock Historic District, located within the Sandy Hook Unit of Gateway National Recreation Area in New Jersey. All meetings are open to the public.

    The Committee website, https://www.forthancock21.org, includes summaries from all prior meetings. Interested persons may present, either orally or through written comments, information for the Committee to consider during the public meeting. Written comments will be accepted prior to, during, or after the meeting.

    Due to time constraints during the meeting, the Committee is not able to read written public comments submitted into the record. Individuals or groups requesting to make oral comments at the public Committee meeting will be limited to no more than five minutes per speaker.

    All comments will be made part of the public record and will be electronically distributed to all Committee members. Before including your address, phone number, email address, or other personal identifying information in your written comments, you should be aware that your entire comment including your personal identifying information will be publicly available. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Authority:

    54 U.S.C. 100906; 5 U.S.C. Appendix 1-16.

    Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2018-04485 Filed 3-5-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement [Docket ID BSEE-2018-0004; 189E1700D2 ET1SF0000.PSB000.EEEE500000; OMB Control Number 1014-0017] Agency Information Collection Activities; Safety and Environmental Management Systems (SEMS) AGENCY:

    Bureau of Safety and Environmental Enforcement, Interior.

    ACTION:

    Notice of Information Collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Bureau of Safety and Environmental Enforcement (BSEE) proposes to renew an information collection with revisions.

    DATES:

    Interested persons are invited to submit comments on or before May 7, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by either of the following methods listed below:

    • Electronically go to http://www.regulations.gov. In the Search box, enter BSEE-2018-0004 then click search. Follow the instructions to submit public comments and view all related materials. We will post all comments.

    • Email [email protected], fax (703) 787-1546, or mail or hand-carry comments to the Department of the Interior; Bureau of Safety and Environmental Enforcement; Regulations and Standards Branch; ATTN: Nicole Mason; 45600 Woodland Road, Sterling, VA 20166. Please reference OMB Control Number 1014-0017 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Nicole Mason by email at [email protected] or by telephone at (703) 787-1607.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comments addressing the following issues: (1) Is the collection necessary to the proper functions of BSEE; (2) Will this information be processed and used in a timely manner; (3) Is the estimate of burden accurate; (4) How might BSEE enhance the quality, utility, and clarity of the information to be collected; and (5) How might BSEE minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The regulations at 30 CFR part 250, subpart S, concern the Safety and Environmental Management Systems (SEMS) (including the associated forms), and are the subject of this collection. This request also covers any related Notices to Lessees and Operators (NTLs) that BSEE issues to clarify, supplement, or provide additional guidance on some aspects of our regulations.

    The SEMS program describes management commitment to safety and the environment, as well as policies and procedures to assure safety and environmental protection while conducting OCS operations (including those operations conducted by all personnel on the facility). BSEE will use the information obtained by submittals and observed via SEMS audits to ensure that operations on the OCS are conducted safely, as they pertain to both human and environmental factors, and in accordance with BSEE regulations, as well as industry practices. The ultimate work authority (UWA) and other recordkeeping will be reviewed diligently by BSEE during inspections/audits, etc., to ensure that industry is correctly implementing the documentation and that the requirements are being followed properly.

    Title of Collection: 30 CFR part 250, subpart S, Safety and Environmental Management Systems (SEMS).

    OMB Control Number: 1014-0017.

    Form Number: Form BSEE-0131 Performance Measures Data.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Potential respondents comprise Federal OCS oil, gas, and sulfur lessees, operators, and/or third-party personnel or organization.

    Total Estimated Number of Annual Respondents: Not all of the potential respondents will submit information in any given year and some may submit multiple times.

    Total Estimated Number of Annual Responses: 2,381,721.

    Estimated Completion Time per Response: 15 minutes to 27,054 hours, depending on activity.

    Total Estimated Number of Annual Burden Hours: 2,238,164.

    Respondent's Obligation: Responses are mandatory.

    Frequency of Collection: Primarily on occasion, and varies by section.

    Total Estimated Annual Nonhour Burden Cost: $5,220,000.

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: February 5, 2018. Doug Morris, Chief, Office of Offshore Regulatory Programs.
    [FR Doc. 2018-04499 Filed 3-5-18; 8:45 am] BILLING CODE 4310-VH-P
    DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement [Docket ID BSEE-2018-0003; 189E1700D2 ET1SF0000.PSB000.EEEE500000; OMB Control Number 1014-0007] Agency Information Collection Activities; Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line AGENCY:

    Bureau of Safety and Environmental Enforcement, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Bureau of Safety and Environmental Enforcement (BSEE) proposes to renew an information collection with revisions.

    DATES:

    Interested persons are invited to submit comments on or before May 7, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by either of the following methods listed below:

    • Electronically go to http://www.regulations.gov. In the Search box, enter BSEE-2018-0003 then click search. Follow the instructions to submit public comments and view all related materials. We will post all comments.

    • Email [email protected], fax (703) 787-1546, or mail or hand-carry comments to the Department of the Interior; Bureau of Safety and Environmental Enforcement; Regulations and Standards Branch; ATTN: Nicole Mason; 45600 Woodland Road, Sterling, VA 20166. Please reference OMB Control Number 1014-0007 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Nicole Mason by email at [email protected] or by telephone at (703) 787-1607.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comments addressing the following issues: (1) Is the collection necessary to the proper functions of BSEE; (2) Will this information be processed and used in a timely manner; (3) Is the estimate of burden accurate; (4) How might BSEE enhance the quality, utility, and clarity of the information to be collected; and (5) How might BSEE minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The regulations at 30 CFR 254 establish requirements for spill-response plans for oil-handling facilities seaward of the coast line, including associated pipelines, and are the subject of this collection. This request also covers any related Notices to Lessees and Operators (NTLs) that BSEE issues to clarify, supplement, or provide additional guidance on some aspects of our regulations.

    BSEE uses the information collected under 30 CFR 254 to determine compliance with the Oil Pollution Act of 1990 (OPA) by lessees/operators. Specifically, BSEE needs the information to:

    • Determine that lessees/operators have an adequate plan and are sufficiently prepared to implement a quick and effective response to a discharge of oil from their facilities or operations.

    • Review plans prepared under the regulations of a State and submitted to BSEE to satisfy the requirements in 30 CFR 254 to ensure that they meet minimum requirements of OPA.

    • Verify that personnel involved in oil-spill response are properly trained and familiar with the requirements of the spill-response plans and to lead and witness spill-response exercises.

    • Assess the sufficiency and availability of contractor equipment and materials.

    • Verify that sufficient quantities of equipment are available and in working order.

    • Oversee spill-response efforts and maintain official records of pollution events.

    • Assess the efforts of lessees/operators to prevent oil spills or prevent substantial threats of such discharges.

    Title of Collection: 30 CFR part 254, Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line.

    OMB Control Number: 1014-0007.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Potential respondents comprise Federal oil, gas, or sulphur lessees or operators of facilities located in both State and Federal waters seaward of the coast line and oil-spill response companies.

    Total Estimated Number of Annual Respondents: Varies, not all of the potential respondents will submit information in any given year and some may submit multiple times.

    Total Estimated Number of Annual Responses: 1,610.

    Estimated Completion Time per Response: Varies from 10 minutes to 215 hours, depending on activity.

    Total Estimated Number of Annual Burden Hours: 74,461.

    Respondent's Obligation: Most responses are mandatory, while others are required to obtain or retain benefits.

    Frequency of Collection: On occasion, monthly, annually, biennially, and varies by section.

    Total Estimated Annual Nonhour Burden Cost: We have not identified any non-hour cost burdens associated with this collection of information.

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: February 5, 2018. Doug Morris, Chief, Office of Offshore Regulatory Programs.
    [FR Doc. 2018-04500 Filed 3-5-18; 8:45 am] BILLING CODE 4310-VH-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Toner Cartridges and Components Thereof, DN 3298; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000.

    General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's Electronic Document Information System (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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Canon Inc., Canon U.S.A., Inc., and Canon Virginia, Inc. on February 28, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 (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 toner cartridges and components thereof. The complaint names as respondents: Ninestar Corporation from China; Ninestar Image Tech Limited of China; Ninestar Technology Company, Ltd. of City of Industry, CA; Apex Microtech Ltd., of Hong Kong; Static Control Components, Inc., of Sanford, NC; Aster Graphics, Inc. of Placentia, CA; Jiangxi Yibo E-tech Co., Ltd. of China; Aster Graphics Co., Ltd. of China; Print-Rite Holdings Ltd. of Hong Kong; Print-Rite N.A., Inc. of La Vergne, TN; Union Technology Int'l (M.C.O.) Co. Ltd. of Macau; Print-Rite Unicorn Image Products Co. Ltd. of China; Kingway Image Co., Ltd. d/b/a Zhu Hai Kingway Image Co., Ltd. of China; Ourway Image Tech. Co., Ltd. of China; Ourway Image Co., Ltd. of China; Zhuhai Aowei Electronics Co., Ltd. of China; Ourway US Inc. of City of Industry, CA; Acecom, Inc.—San Antonio d/b/a InkSell.com of San Antonio, TX; ACM Technologies, Inc. of Corona, CA; Arlington Industries, Inc. of Waukegan, IL; Bluedog Distribution Inc. of Hollywood, FL; Do It Wiser LLC d/b/a Image Toner of Alpharetta, GA; EIS Office Solutions, Inc. of Houston, TX; eReplacements LLC of Grapevine, TX; Frontier Imaging Inc. of Compton, CA; Garvey's Office Products, Inc. of Niles, IL; Global Cartridges of Burlingame, CA; GPC Trading Co., Limited d/b/a GPC Image of Hong Kong; Hong Kong BoZe Co. Limited, d/b/a Greensky of Hong Kong; Master Print Supplies, Inc. d/b/a HQ Products of Burlingame, CA; i8 International, Inc. d/b/a Ink4Work.com of City of Industry, CA; Ink Technologies Printer Supplies, LLC of Dayton, OH; LD Products, Inc. of Long Beach, CA; Linkyo Corp. d/b/a SuperMediaStore.com of La Puente, CA; CLT Computers, Inc. d/b/a Multiwave and MWave of Walnut, CA; Imaging Supplies Investors, LLC d/b/a SuppliesOutlet.com, SuppliesWholesalers.com, and OnlineTechStores.com of Reno, NV; Online Tech Stores, LLC d/b/a SuppliesOutlet.com, SuppliesWholesalers.com, and OnlineTechStores.com of Grand Rapids, MI; Kuhlmann Enterprises, Inc. d/b/a Precision Roller of Phoenix, AZ; Print After Print, Inc. d/b/a OutOfToner.com of Phoenix, AZ; Fairland, LLC d/b/a ProPrint of Anaheim Hills, CA; Reliable Imaging Computer Products, Inc. of Northridge, CA; Apex Excel Limited d/b/a ShopAt247 of Rowland Heights, CA; The Supplies Guys, LLC of Lancaster, PA; Billiontree Technology USA Inc. d/b/a Toner Kingdom of City of Industry, CA; FTrade Inc. d/b/a ValueToner of Staten Island, NY: V4INK, Inc. of Ontario, CA.; World Class Ink Supply, Inc. of Woodbury, NJ; 9010-8077 Quebec Inc. d/b/a Zeetoner of Canada; and Zinyaw LLC d/b/a TonerPirate and Supply District of Houston, TX. The complainant requests that the Commission issue a general exclusion order or in the alternative a limited exclusion order, and cease and desist orders.

    Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the requested remedial orders would impact United States consumers.

    Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (Docket No. 3298) in a prominent place on the cover page and/or the first page. (See Handbook for Electonic Filing Procedures, Electronic Filing Procedures.1 ) Persons with questions regarding filing should contact the Secretary (202-205-2000).

    1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3

    2 All contract personnel will sign appropriate nondisclosure agreements.

    3 Electronic Document Information System (EDIS): https://edis.usitc.gov.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

    By order of the Commission. Issued: March 1, 2018. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2018-04540 Filed 3-5-18; 8:45 am] BILLING CODE 7020-02-P
    JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Advisory Committee on Rules of Evidence AGENCY:

    Advisory Committee on Rules of Evidence, Judicial Conference of the United States.

    ACTION:

    Revised notice of open meeting.

    SUMMARY:

    The Advisory Committee on Rules of Evidence will hold a meeting on April 26-27, 2018. The meeting will be open to public observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: http://www.uscourts.gov/rules-policies/records-and-archives-rules-committees/agenda-books. The announcement for this meeting was previously published in the Federal Register on February 5, 2018.

    DATES:

    April 26-27, 2018.

    Time: April 26—3:00 p.m. to 5:30 p.m.; April 27—9:00 a.m. to 5:00 p.m.

    ADDRESSES:

    Thurgood Marshall Federal Judiciary Building, Mecham Conference Center, Administrative Office of the United States Courts, One Columbus Circle NE, Washington, DC 20544.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca A. Womeldorf, Rules Committee Secretary, Rules Committee Staff, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502-1820.

    Dated: February 28, 2018. Rebecca A. Womeldorf, Rules Committee Secretary.
    [FR Doc. 2018-04470 Filed 3-5-18; 8:45 am] BILLING CODE 2210-55-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to The National Cooperative Research and Production Act of 1993—National Spectrum Consortium

    Notice is hereby given that, on January 16, 2018, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), National Spectrum Consortium (“NSC”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Augustine Consulting, Inc. (ACI), Monterey, CA; Knowledge Based Systems, Inc., College Station, TX; Cambium Networks, Inc., Rolling Meadows, IL; Terry Consultants, Inc., Annandale, VA; and Verus Research, Albuquerque, NM, have been added as parties to this venture.

    Welkin Sciences, LLC, Colorado Springs, CO; Altagrove LLC, Herndon, VA; The Research Armadillo, Flower Mound, TX; Glover 38th St. Holdings LLC, Smithfield, VA; SpectrumFi, Sunnyvale, CA; Under the Grid, LLC, Pacific Grove, CA; System & Technology Research, Woburn, MA; Rensselaer Polytechnic Institute, Troy, NY; Sage Management Enterprise, LLC, Columbia, MD; nLight Solutions LLC, Charlotte, NC; DRS Signal Solutions, Inc., Germantown, MD; and DRS Sustainment Systems, Inc., St. Louis, MO, have withdrawn as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and NSC intends to file additional written notifications disclosing all changes in membership.

    On September 24, 2014, NSC filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on November 4, 2014 (79 FR 65424).

    The last notification was filed with the Department on October 13, 2017. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on November 13, 2017 (82 FR 52331).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2018-04443 Filed 3-5-18; 8:45 am] BILLING CODE 4410-11-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Telemanagement Forum

    Notice is hereby given that, on January 11, 2018, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), TeleManagement Forum (“The Forum”) filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Agile Network Systems Limited, Fareham, UNITED KINGDOM; Alexander Consulting Group—ACG Digital, London, UNITED KINGDOM; Antarctic Palmtrees Limited, Watford, UNITED KINGDOM; ARGELA Yazilim ve Bilisim Teknolojileri Sanayi ve Ticaret A.S., Istanbul, TURKEY; Atilze Digital, Petaling Jaya, MALAYSIA; Bahrain Telecommunications Company (Batelco), Manama, BAHRAIN; Black Tangent Pte. Ltd., Singapore, SINGAPORE; CanGo Networks Private Ltd., Chennai, INDIA; Circa Information Corporation, Fergus, CANADA; City of Belfast, Belfast, UNITED KINGDOM; Civimetrix Telecom, Magog, CANADA; Cloudstreet, Espoo, FINLAND; Cmind Inc, Gatineau, CANADA; Comporium Communications, Rock Hill, SC; Dave Calder, Pleasant Hill, CA; Digalance, Dubai, UNITED ARAB EMIRATES; GEMALTO SA, Paris, FRANCE; GeoSpock Ltd., Cambridge, UNITED KINGDOM; HCL Hong Kong SAR Limited, Wan Chai HONG KONG-CHINA; Hochschule Fresenius für Management, Wirtschaft und Medien GmbH, Hamburg, GERMANY; Hutchison 3G UK, Maidenhead, UNITED KINGDOM; IPgallery, Ra'anana, ISRAEL; KNOWHAWK sprl, Pont-à-Celles, BELGIUM; Kurrant, Singapore, SINGAPORE; LocalSearch Web Pty Ltd, Robina, AUSTRALIA; MayerConsult Inc., Ottawa, CANADA; MTN Group Limited, Johannesburg, SOUTH AFRICA; Neustar, Sterling, VA; NF CSB d.o.o., Ljubljana, SLOVENIA; Openet, Dublin, IRELAND; Orange Luxembourg, Bertrange, LUXEMBOURG; Plintron Global Technology Solutions Pvt Ltd., Chennai, INDIA; POSITIVE MOMENTUM LIMITED, London, ENGLAND; Progresif Cellular Sdn Bhd, Bandar Seri Begawan, BRUNEI; Proximus SA, Brussels, BELGIUM; Reinfer Ltd., London, UNITED KINGDOM; ServiceMax from GE Digital, London, UNITED KINGDOM; Siminn, Reykjavík, ICELAND; SLA Digital, Belfast, UNITED KINGDOM; Telesur, Paramaribo, SURINAME; The Institute of Electrical and Electronics Engineers Incorporated, New York, NY; Trektel, Miami Lakes, FL; twim GmbH, Zug, SWITZERLAND; Vocus Communications, Melbourne, AUSTRALIA; and Vodacom Mozambique, Cidade de Maputo, MOZAMBIQUE, have been added as parties to this venture.

    Also, the following members have changed their names: Monolith Software to Federos, Frisco, TX; Labcities to Antarctic Palmtrees Limited, Watford, UNITED KINGDOM; iisy AG to solvatio AG, Rimpar, GERMANY; and ForecastCons Ltd. to FORNAX d.o.o., Podgorica, MONTENEGRO.

    In addition, the following parties have withdrawn as parties to this venture: AdvOSS, Richmond, CANADA; Alaska Communications Systems Holdings, Inc., Anchorage, AK; Bell Integrator, Moscow, RUSSIA; Blueline, Antananarivo, MADAGASCAR; BLUGEM COMMUNICATIONS LIMITED, Barnstaple, UNITED KINGDOM; Chorus New Zealand Limited, Wellington, NEW ZEALAND; City of Atlanta, Atlanta, GA; DigitalRoute, Stockholm, SWEDEN; Elite Business, Tunis, TUNISIA; EnterpriseWeb, Glen Falls, NY; Etihad Atheeb Telecom Company, Riyadh, SAUDI ARABIA; Fiberhome Telecommunication Technologies Co. Ltd., Wuhan, PEOPLE'S REPUBLIC OF CHINA; Fulcrum Technologies Inc., Seattle, WA; HHB SOLUTIONS LIMITED, Kowloon, HONG KONG-CHINA; Higher Logic, LLC, Arlington, VA; Hitachi Data Systems, Santa Clara, CA; Infonova, Unterpremstatten, AUSTRIA; Intellity Consulting, SpA, Lima, PERU; IPvideosys, Sunnyvale, CA; Isle of Man—MICTA, Ballasalla, ISLE OF MAN; JBS, Chernihiv, UKRAINE; Kiltartan Consulting, Rondebosch, SOUTH AFRICA; MDS Global, Warrington, UNITED KINGDOM; Mediaan/abs bv, Heerlen, NETHERLANDS; MITRE, Bedford, MA; MSTelcom, Luanda, ANGOLA; Nara Institute of Science and Technology, Ikoma, JAPAN; Now New Zealand Limited, Napier, NEW ZEALAND; Ontology Systems, London, UNITED KINGDOM; OpenCell, Paris, FRANCE; OPT Nouvelle Calédonie, Nouméa, NEW CALEDONIA; PERÚ Connect SAC, Miraflores, PERU; Pervazive, Bengaluru, INDIA; Powerlink, Virginia, AUSTRALIA; PRESECURE Consulting GmbH, Munster, GERMANY; ProCom Consulting, Alpharetta, GA; Redknee Inc., Mississauga, CANADA; ServiceMesh, Inc., Los Angeles, CA; SFR, Paris, FRANCE; Sistema Turkey, Istanbul, TURKEY; State Information Technology Agency (SITA), Pretoria East, SOUTH AFRICA; Sutherland Labs, London, UNITED KINGDOM; Suvitech Co. Ltd., Bangkok, THAILAND; T2 Yazilim Ltd. Sti., Ankara, TURKEY; TECNOCOM, Madrid, SPAIN; Telekom Brunei Berhad (TelBru), Berakas, BRUNEI; Telesens IT, Kharkiv, UKRAINE; TIERONE, Inc., Reston, VA; Trust5, Dublin, IRELAND; TWINT AG, Bern, SWITZERLAND; Uecomm Ltd., Richmond, AUSTRALIA; University Politehnica of Bucharest, Bucharest, ROMANIA; Vitis Consultoria, Brasília, BRAZIL; Vodafone Hutchison Australia, North Sydney, AUSTRALIA; Waterfront Toronto, Toronto, CANADA; Airtel Africa, Nairobi, KENYA; Bristol is Open, Bristol, UNITED KINGDOM; Symantec Corporation, Mountain View, CA; Symsoft AB, Stockholm, SWEDEN; and True Corporation Public Company Limited, Bangkok, THAILAND.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and The Forum intends to file additional written notifications disclosing all changes in membership.

    On October 21, 1988, The Forum filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on December 8, 1988 (53 FR 49615).

    The last notification was filed with the Department on July 21, 2017. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on August 28, 2017 (82 FR 40806).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2018-04442 Filed 3-5-18; 8:45 am] BILLING CODE 4410-11-P
    DEPARTMENT OF LABOR Employment and Training Administration Agency Information Collection Activities; Comment Request; Tax Performance System (TPS) AGENCY:

    Employment and Training Administration, Department of Labor.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Labor (DOL), Employment and Training Administration is soliciting comments regarding a proposed extension for the authority to conduct the information collection request (ICR) titled, “Tax Performance System.” This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).

    DATES:

    Consideration will be given to all written comments received by May 7, 2018.

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained at no cost by contacting Patrick Holmes by telephone at (202) 693-3203, TTY1-877-889-5627, (these are not toll-free numbers) or by email at [email protected]

    Submit written comments about, or requests for a copy of, this ICR by mail or courier to the U.S. Department of Labor, Employment and Training Administration, Office of Unemployment Insurance, 200 Constitution Avenue NW, Room S-4519, Washington, DC 20210; by email: [email protected]; or by Fax (202) 693-3975.

    Authority:

    44 U.S.C. 3506(c)(2)(A).

    SUPPLEMENTARY INFORMATION:

    The DOL, as part of continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the OMB for final approval. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed.

    Since 1987, states have been required by regulation at 20 CFR part 602 to operate a program to assess their Unemployment Insurance (UI) tax and benefit programs. TPS is designed to assess the major internal UI tax functions by utilizing several methodologies to examine the accuracy of the ETA 581, Contribution Operations Report, OMB approval number 1205-0178, expiring June 30, 2018, and its associated Computed Measures. A two-fold examination contains “Systems Reviews” which examine tax systems for the existence of internal controls and the extraction of small samples of those systems' transactions, which are then examined to verify the effectiveness of controls. Section 303(a)(1) of the Social Security Act authorizes this information collection.

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6.

    Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention OMB control number 1205-0332.

    Submitted comments will also be a matter of public record for this ICR and posted on the internet, without redaction. The DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive statements/information in any comments.

    The DOL is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; 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.

    Agency: DOL-ETA.

    Type of Review: Extension without change.

    Title of Collection: Tax Performance System.

    Form: TPS.

    OMB Control Number: 1205-0332.

    Affected Public: State Workforce Agencies.

    Estimated Number of Respondents: 52.

    Frequency: Once.

    Total Estimated Annual Responses: 52.

    Estimated Average Time per Response: 1,709 hours (TPS review 1,669 hrs. + data entry 40 hrs.).

    Estimated Total Annual Burden Hours: 88,868 hours.

    Total Estimated Annual Other Cost Burden: $ 0.

    Rosemary Lahasky, Deputy Assistant Secretary for Employment and Training, Labor.
    [FR Doc. 2018-04509 Filed 3-5-18; 8:45 am] BILLING CODE 4510-FW-P
    DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; Youth CareerConnect (YCC) Grant Program, Extension of Previously Approved Collection AGENCY:

    Office of the Assistant Secretary for Policy, Chief Evaluation Office, Department of Labor.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents are properly assessed.

    Currently, DOL is soliciting comments concerning the continued collection of data about Youth Career Connect (YCC) [SGA/DFA PY-13-01] grant program. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.

    DATES:

    Written comments must be submitted to the office listed in the addressee's section below on or before May 7, 2018.

    ADDRESSES:

    You may submit comments by either one of the following methods:

    Email: [email protected]; Mail or Courier: Jessica Lohmann, Chief Evaluation Office, OASP, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC 20210.

    Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and OMB Control Number identified above for this information collection. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for OMB approval of the information collection request.

    FOR FURTHER INFORMATION CONTACT:

    Jessica Lohmann by email at [email protected].

    SUPPLEMENTARY INFORMATION:

    I. Background: The information collection activities described in this notice will provide participant and grantee data on the YCC program. In spring 2014, the Employment and Training Administration (ETA) in DOL awarded 24 grantees to implement the YCC program, which is designed to provide high school students skill-developing and work-based learning opportunities through partnerships with colleges and employers for jobs in high-demand occupations. DOL requests data collection from YCC grantees for tracking grant progress and oversight of program performance reporting. This reporting structure features standardized individual data collection on program participants in both quarterly performance and narrative formats. The information collection for YCC grantee performance reporting also includes an online Participant Tracking System (PTS) that collects participant-level data.

    This document requests approval for an extension of previously approved information collection (OMB Control No. 1291-0002) to continue to meet the reporting and recordkeeping requirements of the YCC grant program. This information collection maintains a reporting and record-keeping system for a minimum level of information collection that is necessary to comply with Equal Opportunity requirements, to hold YCC grantees appropriately accountable for the Federal funds they receive, allowing the Department to fulfill its oversight and management responsibilities.

    II. Desired Focus of Comments: Currently, DOL is soliciting comments concerning the above data collection for grantee reporting on the YCC program. DOL is particularly interested in comments that do the following:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility.

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used.

    • Enhance the quality, utility, and clarity of the information to be collected.

    • 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—for example, permitting electronic submission of responses.

    III. Current Actions: At this time, DOL is requesting clearance for grantee reporting on participant-level data and quarterly reports.

    Type of Review: Extension of previously approved collection.

    OMB Control Number: 1291-0002 (ICR Reference No: 201412-1291-001).

    Affected Public: YCC Grantees and program participants.

    Estimated Burden Hours Type of instrument Total
  • number of
  • respondents
  • Annual
  • number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden
  • hour per
  • response
  • Annual
  • estimated
  • burden hours
  • Participant-level Data Collection for Participant Tracking System (PTS) 9,900 3,300 1 2.67 8,811 Quarterly Narrative Progress Reports 24 8 4 10 320 Quarterly Performance Reports 24 8 4 4 128 Total 9,948 3,316 9,226

    Comments submitted in response to this request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.

    Dated: February 27, 2018. Molly Irwin, Chief Evaluation Officer, U.S. Department of Labor.
    [FR Doc. 2018-04545 Filed 3-5-18; 8:45 am] BILLING CODE 4510-HX-P
    DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Analysis of Employer Performance Measurement Approaches AGENCY:

    Office of the Assistant Secretary for Policy, Chief Evaluation Office, Department of Labor.

    ACTION:

    Notice of Information Collection; request for comment.

    SUMMARY:

    The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). This program helps to ensure that required data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed.

    Currently, DOL is soliciting comments concerning the collection of data about the Analysis of Employer Performance Measurement Approaches. A copy of the proposed information Collection Request (ICR) can be obtained by contacting the office listed below in the Addresses section of this notice.

    DATES:

    Written comments must be submitted to the office listed in the addressee section below on or before May 7, 2018.

    ADDRESSES:

    You may submit comments by either one of the following methods: Email: [email protected]; Mail or Courier: Megan Lizik, Chief Evaluation Office, OASP, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW, Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and OMB Control Number identified for this information collection. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for OMB approval of the information collection request.

    FOR FURTHER INFORMATION CONTACT:

    Contact Megan Lizik by email at [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    The Chief Evaluation Office (CEO), in collaboration with the Employment and Training Administration (ETA), is conducting a 36-month analysis of employer services measurement approaches and metrics, as well as their cross-state and cross-program applicability, with a goal of understanding and implementing a final indicator of performance. Under the Workforce Innovation and Opportunity Act (WIOA), the Secretaries of Labor and Education are required to establish one or more primary indicators of performance that indicate the effectiveness of core programs in serving employers. Through town halls, workgroups, and questions posed through the notice of proposed rule-making, the Secretaries of Labor and Education established three measures to be piloted by States: (1) An employee retention measure, (2) an employer penetration rate, and (3) a repeat business measure. States were also encouraged to pilot additional measures to assess effectiveness in serving employers. No clear metric has emerged to date as a single point of measurement of success in providing services to employers.

    The study will explore and establish an understanding of the state of the field in the area of employer services measurement and supplement the start-up of reporting by the States on the National Pilot measures. Key objectives of the study include: (1) Developing and understanding how employer services are defined by the federal government, States, localities, and core WIOA programs and exploring options for developing a uniform definition of employer services; (2) identifying what measures exist for understanding employer services, key objectives of these measures, and possibilities for uniform implementation at the federal level; and (3) developing options for an evaluation design to assess the validity, reliability, and feasibility of proposed measures and alternative measures of effectiveness in serving employers.

    This notification requests clearance for: (1) A 45-minute online survey of state WIOA administrators in the fifty States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands; (2) a 20-minute online survey of a sample of employers identified in partnership with the National Association of State Workforce Agencies (NASWA); (3) site visits that include structured interviews and focus groups to approximately 8 States; and (4) interviews with approximately 8 employers.

    The survey of state WIOA administrators will collect information on which measures are being used by States, including National Pilot measures and alternate measures, progress made in implementing those measures, and how those measures are being used beyond required federal reporting.

    The survey of a sample of employers will document businesses' understanding of employer services from the workforce system and what it means for those services to be effective. The sample of employers will be drawn from DirectEmployers members, NASWA Business of the Year Award Winners, and others recommended by NASWA.

    The site visits to a selection of approximately eight States are intended to allow a deeper understanding of why particular measures were selected, progress in implementing performance measures, and related challenges. This fieldwork will include semi-structured interviews and focus groups. The States will be selected based on the results of the survey and other study knowledge, to include a mix of locations in terms of geographic region, performance measures being used, and status of implementation. Semi-structured interviews with a selection of approximately eight employers are intended to more fully explore issues of interest that emerge from the employer survey responses. Employer interview respondents will be selected based on survey responses as well as suggestions from NASWA regarding employers with particularly strong experience engaging with the workforce system.

    II. Desired Focus of Comments

    Currently, DOL is soliciting comments concerning the above data collection for the analysis of employer performance measurement approaches. DOL is particularly interested in comments that do the following:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency related to employer services, including whether the information will have practical utility;

    • evaluate the accuracy of the agency's estimate of the burden of the ICR to survey and fieldwork respondents, including the validity of the study approach and assumptions used;

    • enhance the quality, utility, and clarity of the information to be collected; and

    • minimize the burden of the information collection on respondents, including 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).

    Table 1—Estimated Time Burden Information collection activity Total
  • number of
  • respondents
  • Annual
  • number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (hours)
  • Annual
  • burden hours
  • Survey—State WIOA Administrator a 43 14 1 0.75 11 Survey—Employer b 474 158