Federal Register Vol. 83, No.47,

Federal Register Volume 83, Issue 47 (March 9, 2018)

Page Range10357-10552
FR Document

83_FR_47
Current View
Page and SubjectPDF
83 FR 10427 - Government in the Sunshine Act Meeting NoticePDF
83 FR 10526 - Sunshine Act; Notice of Agency MeetingPDF
83 FR 10428 - Sunshine Act Meeting NoticePDF
83 FR 10525 - Sunshine Act; Notice of Agency MeetingPDF
83 FR 10521 - Government in the Sunshine Act Meeting NoticePDF
83 FR 10476 - Environmental Impact Statements; Notice of AvailabilityPDF
83 FR 10480 - Sunshine Act MeetingPDF
83 FR 10406 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Hook-and-Line Catcher/Processors in the Central Regulatory Area of the Gulf of AlaskaPDF
83 FR 10482 - Agency Information Collection Activities; Proposed Collection; Comment RequestPDF
83 FR 10437 - Request for Information Regarding Bureau Rulemaking ProcessesPDF
83 FR 10440 - Arms Sales NotificationPDF
83 FR 10455 - Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to State EntitiesPDF
83 FR 10437 - Procurement List; DeletionsPDF
83 FR 10436 - Procurement List; Proposed Addition and DeletionsPDF
83 FR 10390 - Pacific Halibut Fisheries; Catch Sharing PlanPDF
83 FR 10452 - Arms Sales NotificationPDF
83 FR 10481 - Conditions and Practices Relating to Detention, Demurrage, and Free Time in International Oceanborne Commerce; Order of InvestigationPDF
83 FR 10494 - Advisory Committee on Interdisciplinary, Community-Based LinkagesPDF
83 FR 10454 - Meeting of the Board of Visitors of Marine Corps UniversityPDF
83 FR 10455 - Notice of Intent To Grant Partially Exclusive Patent License; NXTANT Inc.PDF
83 FR 10376 - Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications ApproachPDF
83 FR 10455 - Notice of Availability of Government-Owned Inventions; Available for LicensingPDF
83 FR 10545 - Environmental Impact Statement: Little Cottonwood Canyon, Salt Lake County, UtahPDF
83 FR 10449 - Arms Sales NotificationPDF
83 FR 10546 - Request for Comments on the Renewal of a Previously Approved Information Collection: Procedures for Determining Vessel Services Categories for Purposes of the Cargo Preference ActPDF
83 FR 10498 - National Institute of Mental Health; Notice of Closed MeetingPDF
83 FR 10499 - National Institute on Drug Abuse; Notice of Closed MeetingsPDF
83 FR 10499 - National Institute of Biomedical Imaging and Bioengineering; Notice of Closed MeetingPDF
83 FR 10494 - National Cancer Institute; Notice of Closed MeetingsPDF
83 FR 10497 - National Center for Complementary and Integrative Health; Notice of MeetingPDF
83 FR 10496 - National Center for Complementary and Integrative Health; Notice of MeetingPDF
83 FR 10498 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 10496 - Center for Scientific Review Notice of Closed MeetingsPDF
83 FR 10475 - Pacific Northwest-Pacific Southwest Intertie Project-Rate Order No. WAPA-181PDF
83 FR 10442 - Arms Sales NotificationPDF
83 FR 10427 - Notice of Public Meeting of the Arizona Advisory CommitteePDF
83 FR 10522 - Certain Wi-Fi Enabled Electronic Devices and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Allegations in the Complaint; Termination of the InvestigationPDF
83 FR 10536 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 11.270 (Clearly Erroneous Executions) To Preclude Members From Requesting a Review of a Volatility Auction as a Clearly Erroneous ExecutionPDF
83 FR 10538 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 403, Withdrawal of Approval of Underlying SecuritiesPDF
83 FR 10541 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Data FeedsPDF
83 FR 10533 - Self-Regulatory Organizations; MIAX PEARL, LLC ; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 403, Withdrawal of Approval of Underlying SecuritiesPDF
83 FR 10528 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Nasdaq Options Market LLC Data Feed OfferingsPDF
83 FR 10527 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate Its Data Feed OfferingsPDF
83 FR 10542 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Modify the NYSE American Options Fee SchedulePDF
83 FR 10519 - Meeting of the California Desert District Advisory CouncilPDF
83 FR 10370 - Update to Product ListsPDF
83 FR 10445 - Arms Sales NotificationPDF
83 FR 10504 - Proposed Flood Hazard DeterminationsPDF
83 FR 10507 - Proposed Flood Hazard DeterminationsPDF
83 FR 10508 - Changes in Flood Hazard DeterminationsPDF
83 FR 10466 - Commission Information Collection Activities; (FERC-65, FERC-65A, FERC-65B, FERC-725V); Consolidated Comment Request; ExtensionPDF
83 FR 10474 - Empire Pipeline, Inc.; Notice of ApplicationPDF
83 FR 10447 - Arms Sales NotificationPDF
83 FR 10511 - Intent To Request Extension From OMB of One Current Public Collection of Information: Rail Transportation SecurityPDF
83 FR 10493 - Peripheral and Central Nervous System Drugs Advisory Committee; Notice of Meeting; Establishment of a Public Docket; Request for Comments; CorrectionPDF
83 FR 10522 - Certain Recombinant Factor IX Products Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion for Termination of the Investigation Based on Withdrawal of the Complaint; Termination of the InvestigationPDF
83 FR 10487 - Equivalence Determination Regarding the European Union Food Safety Control System for Raw Bivalve Molluscan ShellfishPDF
83 FR 10526 - New Postal ProductPDF
83 FR 10418 - Petition Requesting Rulemaking To Exempt Certain Head Protection Devices From the Safety Standard for Bicycle HelmetsPDF
83 FR 10482 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
83 FR 10523 - Bulk Manufacturer of Controlled Substances Application: Research Triangle InstitutePDF
83 FR 10367 - Schedules of Controlled Substances: Temporary Placement of Seven Fentanyl-Related Substances in Schedule I; CorrectionPDF
83 FR 10501 - Accreditation and Approval of Saybolt LP (Wilmington, NC) as a Commercial Gauger and LaboratoryPDF
83 FR 10546 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PRIMA STELLA; Invitation for Public CommentsPDF
83 FR 10504 - Approval of SGS North America, Inc., as a Commercial GaugerPDF
83 FR 10501 - Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and LaboratoryPDF
83 FR 10502 - Accreditation and Approval of Intertek USA, Inc. (Gonzalez, LA) as a Commercial Gauger and LaboratoryPDF
83 FR 10423 - Privacy Act of 1974; System of RecordsPDF
83 FR 10503 - Accreditation and Approval of AmSpec LLC (Cape Canaveral, FL) as a Commercial Gauger and LaboratoryPDF
83 FR 10500 - Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and LaboratoryPDF
83 FR 10480 - Appraisal Subcommittee; Notice of Received Request for a Temporary WaiverPDF
83 FR 10549 - Reports, Forms, and Record Keeping Requirements Agency Information Collection Activity Under OMB ReviewPDF
83 FR 10432 - Honey From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty OrderPDF
83 FR 10431 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty OrderPDF
83 FR 10433 - Steel Wire Garment Hangers From Taiwan and Vietnam: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty OrdersPDF
83 FR 10547 - Reports, Forms, and Record Keeping Requirements: Agency Information Collection Activity Under OMB ReviewPDF
83 FR 10550 - Reports, Forms, and Record Keeping RequirementsPDF
83 FR 10548 - Reports, Forms, and Record Keeping RequirementsPDF
83 FR 10551 - Notice of OFAC Sanctions ActionsPDF
83 FR 10523 - MET Laboratories, Inc.: Grant of Expansion of RecognitionPDF
83 FR 10368 - Safety Zone; Firestone Grand Prix of St. Petersburg, St. Petersburg, FloridaPDF
83 FR 10512 - List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs and Fiscal Year 2018 Programmatic TargetsPDF
83 FR 10484 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
83 FR 10485 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
83 FR 10473 - Notice of Commission Staff AttendancePDF
83 FR 10465 - Combined Notice of FilingsPDF
83 FR 10469 - Combined Notice of Filings #2PDF
83 FR 10473 - Combined Notice of Filings #1PDF
83 FR 10520 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
83 FR 10543 - 30-Day Notice of Proposed Information Collection: Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
83 FR 10419 - Safety Zone; Mississippi Sound, Biloxi, MSPDF
83 FR 10428 - Proposed Information Collection; Comment Request; Research Performance Progress ReportPDF
83 FR 10434 - Proposed Information Collection; Comment Request; Events and Efforts Supporting National Cybersecurity Career Awareness WeekPDF
83 FR 10464 - Environmental Management Site-Specific Advisory Board, Idaho Cleanup ProjectPDF
83 FR 10434 - Proposed Information Collection; Comment Request; Scientific Research, Exempted Fishing, and Exempted Activity SubmissionsPDF
83 FR 10435 - Submission for OMB Review; Comment RequestPDF
83 FR 10436 - Submission for OMB Review; Comment RequestPDF
83 FR 10411 - Airworthiness Directives; Airbus AirplanesPDF
83 FR 10493 - Determination That DORYX MPC (Doxycycline Hyclate), Delayed-Release Tablets, 60 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety or EffectivenessPDF
83 FR 10524 - Notice of Solicitation of Proposals for Calendar Year 2019 Basic Field Grant AwardsPDF
83 FR 10429 - Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment AssistancePDF
83 FR 10408 - Airworthiness Directives; Bombardier, Inc., AirplanesPDF
83 FR 10415 - Airworthiness Directives; Bombardier, Inc., AirplanesPDF
83 FR 10545 - Secretary of State's Determination Under the Frank R. Wolf International Religious Freedom Act of 2016PDF
83 FR 10428 - Notice of Public Meetings of the Kansas Advisory CommitteePDF
83 FR 10430 - First Responder Network Authority Combined Committee and Board MeetingPDF
83 FR 10495 - Draft National Institute of Environmental Health Sciences 2018-2023 Strategic PlanPDF
83 FR 10530 - Self-Regulatory Organizations; New York Stock Exchange LLC; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To Amend the Listed Company Manual for Special Purpose Acquisition Companies To Lower the Initial Holders Requirement From 300 to 150 Round Lot Holders and To Eliminate Completely the 300 Public Stockholders Continued Listing Requirement, To Require at Least $5 Million in Net Tangible Assets for Initial and Continued Listing, and To Impose a 30-Day Deadline To Demonstrate Compliance With Certain Initial Listing Requirements Following a Business CombinationPDF
83 FR 10510 - Intent To Request Revision From OMB of One Current Public Collection of Information: Maryland Three Airports: Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC, Metropolitan Area Flight Restricted ZonePDF
83 FR 10470 - Commonwealth LNG LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Planned Commonwealth LNG Project, Request for Comments on Environmental Issues, and Notice of Public Scoping SessionPDF
83 FR 10468 - Dominion Energy Transmission, Inc.; Tennessee Gas Pipeline Company, L.L.C.; National Fuel Gas Supply Corporation; Notice of ApplicationPDF
83 FR 10470 - Transcontinental Gas Pipe Line Company, LLC; Notice of FilingPDF
83 FR 10510 - Agency Information Collection Activities: Proposed Collection; Comment Request; Elevation Certificate/Floodproofing CertificatePDF
83 FR 10475 - Pesticide Experimental Use Permit; Receipt of Application; Comment RequestPDF
83 FR 10476 - Certain New Chemicals or Significant New Uses; Statements of Findings for December 2017PDF
83 FR 10478 - Notice of Proposed Withdrawal of the Control Techniques Guidelines for the Oil and Natural Gas IndustryPDF
83 FR 10383 - Washington: Authorization of State Hazardous Waste Management Program RevisionsPDF
83 FR 10499 - Government-Owned Inventions; Availability for LicensingPDF
83 FR 10496 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 10357 - Change of Address; Technical AmendmentPDF
83 FR 10481 - Notice of Agreements FiledPDF
83 FR 10516 - Notice of Intent To Prepare a Joint Environmental Impact Statement/Environmental Impact Report and Possible Land Use Plan Amendment for the Proposed RE Crimson Solar Project, Riverside County, CAPDF
83 FR 10486 - Request for Public Comments on Head Start Program Information ReportPDF
83 FR 10357 - Distance Learning and Telemedicine Grant ProgramPDF
83 FR 10360 - Airworthiness Directives; Airbus HelicoptersPDF
83 FR 10358 - Airworthiness Directives; Airbus AirplanesPDF
83 FR 10365 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
83 FR 10363 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
83 FR 10407 - Clarification of the Requirements for Reactor Pressure Vessel Upper Head Bare Metal Visual ExaminationsPDF
83 FR 10518 - Notice of Availability of a Draft Environmental Impact Statement for the Greater Chapita Wells Natural Gas Infill Project, Uintah County, UtahPDF
83 FR 10544 - 30-Day Notice of Proposed Information Collection: Supplemental SIV Chief of Mission ApplicationPDF

Issue

83 47 Friday, March 9, 2018 Contents Agriculture Agriculture Department See

National Institute of Food and Agriculture

See

Rural Utilities Service

Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 10427 2018-04917 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Requests for Information: Bureau Rulemaking Processes, 10437-10440 2018-04824 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10484-10486 2018-04741 2018-04742 Children Children and Families Administration NOTICES Head Start Program Information Report, 10486 2018-04683 Civil Rights Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 10427 2018-04795 Kansas Advisory Committee, 10428 2018-04716 Meetings; Sunshine Act, 10428 2018-04915 Coast Guard Coast Guard RULES Safety Zones: Firestone Grand Prix of St. Petersburg, St. Petersburg, FL, 10368-10370 2018-04744 PROPOSED RULES Safety Zones: Mississippi Sound, Biloxi, MS, 10419-10422 2018-04734 Commerce Commerce Department See

Economic Development Administration

See

First Responder Network Authority

See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Research Performance Progress Report, 10428-10429 2018-04733
Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 10436-10437 2018-04819 2018-04820 Consumer Product Consumer Product Safety Commission PROPOSED RULES Petition Requesting Rulemaking to Exempt Certain Head Protection Devices from the Safety Standard for Bicycle Helmets, 10418-10419 2018-04769 Defense Department Defense Department See

Navy Department

NOTICES Arms Sales, 10440-10454 2018-04784 2018-04796 2018-04807 2018-04817 2018-04822 2018-04777
Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Temporary Placement of Seven Fentanyl-related Substances in Schedule I; Correction, 10367-10368 2018-04765 NOTICES Bulk Manufacturers of Controlled Substances; Applications: Research Triangle Institute, 10523 2018-04766 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Petitions, 10429-10430 2018-04721 Education Department Education Department NOTICES Applications for New Awards: Expanding Opportunity Through Quality Charter Schools Program—Grants to State Entities, 10455-10464 2018-04821 Energy Department Energy Department See

Federal Energy Regulatory Commission

See

Western Area Power Administration

NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Idaho Cleanup Project; Open Conference Call, 10464-10465 2018-04731
Environmental Protection Environmental Protection Agency RULES National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications Approach, 10376-10383 2018-04810 State Hazardous Waste Management Program Revisions; Final Authorizations: Washington, 10383-10390 2018-04702 NOTICES Certain New Chemicals or Significant New Uses: Statements of Findings for December 2017, 10476-10478 2018-04704 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 10476 2018-04884 Pesticide Experimental Use Permits; Applications: Oxitec Ltd., 10475-10476 2018-04705 Proposed Withdrawal of the Control Techniques Guidelines for the Oil and Natural Gas Industry, 10478-10480 2018-04703 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 10358-10360 2018-04646 Airbus Helicopters, 10360-10363 2018-04647 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 10363-10367 2018-04583 2018-04584 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 10411-10415 2018-04727 Bombardier, Inc., Airplanes, 10408-10411, 10415-10418 2018-04719 2018-04720 Federal Election Federal Election Commission RULES Change of Address; Technical Amendments, 10357-10358 2018-04698 NOTICES Meetings; Sunshine Act, 10480 2018-04847 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Elevation Certificate/Floodproofing Certificate, 10510 2018-04706 Flood Hazard Determinations; Changes, 10508-10510 2018-04780 Flood Hazard Determinations; Proposals, 10504-10508 2018-04781 2018-04782 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10466-10468 2018-04779 Applications: Dominion Energy Transmission, Inc.; Tennessee Gas Pipeline Company, LLC.; National Fuel Gas Supply Corp., 10468-10469 2018-04708 Empire Pipeline, Inc., 10474-10475 2018-04778 Combined Filings, 10465-10466, 10469-10470, 10473-10474 2018-04737 2018-04738 2018-04739 Environmental Impact Statements; Availability, etc.: Commonwealth LNG LLC; Commonwealth LNG Project, 10470-10473 2018-04709 Filings: Transcontinental Gas Pipe Line Company, LLC, 10470 2018-04707 Staff Attendances, 10473 2018-04740 Federal Financial Federal Financial Institutions Examination Council NOTICES Received Request for a Temporary Waiver: Appraisal Subcommittee, 10480-10481 2018-04756 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Little Cottonwood Canyon, Salt Lake County, UT, 10545-10546 2018-04808 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 10481 2018-04697 Investigation Orders: Conditions and Practices Relating to Detention, Demurrage, and Free Time in International Oceanborne Commerce, 10481-10482 2018-04816 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 10482 2018-04768 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10482-10484 2018-04825 FIRSTNET First Responder Network Authority NOTICES Meetings: Combined Committee and Board, 10430-10431 2018-04715 Food and Drug Food and Drug Administration NOTICES Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: DORYX MPC (Doxycycline Hyclate), Delayed-Release Tablets, 60 Milligrams, 10493-10494 2018-04726 Equivalence Determinations: European Union Food Safety Control System for Raw Bivalve Molluscan Shellfish, 10487-10493 2018-04772 Meetings: Peripheral and Central Nervous System Drugs Advisory Committee; Correction, 10493 2018-04774 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 10551-10552 2018-04748 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Interdisciplinary, Community-Based Linkages, 10494 2018-04815 Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

See

Transportation Security Administration

See

U.S. Customs and Border Protection

Interior Interior Department See

Land Management Bureau

See

National Park Service

NOTICES List of Programs Eligible for Inclusion in Funding Agreements Negotiated with Self-Governance Tribes by Interior Bureaus Other than the Bureau of Indian Affairs and Fiscal Year 2018 Programmatic Targets, 10512-10516 2018-04743
International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Crystalline Silicon Photovoltaic Cells, Whether or not Assembled into Modules, from the People's Republic of China, 10431-10432 2018-04753 Honey from the People's Republic of China, 10432-10433 2018-04754 Steel Wire Garment Hangers from Taiwan and Vietnam, 10433-10434 2018-04752 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Recombinant Factor IX Products, 10522 2018-04773 Certain Wi-Fi Enabled Electronic Devices and Components Thereof, 10522-10523 2018-04794 Meetings; Sunshine Act, 10521 2018-04892 Justice Department Justice Department See

Drug Enforcement Administration

Labor Department Labor Department See

Occupational Safety and Health Administration

Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Greater Chapita Wells Natural Gas Infill Project, Uintah County, UT, 10518-10519 2018-03771 Proposed RE Crimson Solar Project, Riverside County, CA, 10516-10518 2018-04691 Meetings: California Desert District Advisory Council, 10519-10520 2018-04786 Legal Legal Services Corporation NOTICES Solicitations of Proposals: Calendar Year 2019 Basic Field Grant Awards, 10524-10525 2018-04724 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for Determining Vessel Services Categories for Purposes of the Cargo Preference Act, 10546-10547 2018-04806 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel PRIMA STELLA, 10546 2018-04763 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 10525-10526 2018-04913 2018-04916 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10547-10551 2018-04749 2018-04750 2018-04751 2018-04755 National Institute Food National Institute of Food and Agriculture NOTICES Privacy Act; Systems of Records, 10423-10427 2018-04759 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Events and Efforts Supporting National Cybersecurity Career Awareness Week, 10434 2018-04732 National Institute National Institutes of Health NOTICES Draft National Institute of Environmental Health Sciences 2018-2023 Strategic Plan, 10495 2018-04714 Government-Owned Inventions; Availability for Licensing, 10499-10500 2018-04701 Meetings: Center for Scientific Review, 10496-10498 2018-04700 2018-04798 2018-04799 National Cancer Institute, 10494-10495 2018-04802 National Center for Complementary and Integrative Health, 10496-10498 2018-04800 2018-04801 National Institute of Biomedical Imaging and Bioengineering, 10499 2018-04803 National Institute of Mental Health, 10498-10499 2018-04805 National Institute on Drug Abuse, 10499 2018-04804 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Pacific Cod by Hook-and-Line Catcher/Processors in Central Regulatory Area of Gulf of Alaska, 10406 2018-04826 Pacific Halibut Fisheries; Catch Sharing Plan, 10390-10406 2018-04818 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10435-10436 2018-04728 2018-04729 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Scientific Research, Exempted Fishing, and Exempted Activity Submissions, 10434-10435 2018-04730 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 10520-10521 2018-04736 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Combined Committee and Board, 10430-10431 2018-04715 Navy Navy Department NOTICES Exclusive Patent Licenses; Approvals: NXTANT Inc., 10455 2018-04811 Government-Owned Inventions; Available for Licensing, 10455 2018-04809 Meetings: Board of Visitors of Marine Corps University, 10454 2018-04814 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Draft Regulatory Issue: Clarification of the Requirements for Reactor Pressure Vessel Upper Head Bare Metal Visual Examinations, 10407 2018-04350 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories: MET Laboratories, Inc.: Grant of Expansion of Recognition, 10523-10524 2018-04746 Postal Regulatory Postal Regulatory Commission RULES Update to Product Lists, 10370-10376 2018-04785 NOTICES New Postal Products, 10526-10527 2018-04696 2018-04771 Rural Utilities Rural Utilities Service RULES Distance Learning and Telemedicine Grant Program, 10357 2018-04659 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Investors Exchange LLC, 10536-10538 2018-04793 Miami International Securities Exchange, LLC, 10538-10540 2018-04792 MIAX PEARL, LLC, 10533-10536 2018-04790 Nasdaq BX, Inc., 10527-10528 2018-04788 Nasdaq PHLX LLC, 10541-10542 2018-04791 New York Stock Exchange LLC, 10530-10533 2018-04713 NYSE American LLC, 10542-10543 2018-04787 The Nasdaq Stock Market LLC, 10528-10530 2018-04789 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 10543-10544 2018-04735 Supplemental SIV Chief of Mission Application, 10544-10545 2018-03496 Determinations under the International Religious Freedom Act, 10545 2018-04718 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Maritime Administration

See

National Highway Traffic Safety Administration

Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Maryland Three Airports: Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC, Metropolitan Area Flight Restricted Zone, 10510-10511 2018-04710 Rail Transportation Security, 10511-10512 2018-04776 Treasury Treasury Department See

Foreign Assets Control Office

Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: AmSpec LLC (Cape Canaveral, FL), 10503-10504 2018-04758 Intertek USA, Inc. (Gonzalez, LA), 10502-10503 2018-04760 Saybolt LP (Wilmington, NC), 10501-10502 2018-04764 SGS North America, Inc., 10500-10501, 10504 2018-04757 2018-04761 2018-04762 Western Western Area Power Administration NOTICES Rate Orders: Pacific Northwest-Pacific Southwest Intertie Project, 10475 2018-04797 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 47 Friday, March 9, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1734 RIN 0572-AC37 Distance Learning and Telemedicine Grant Program AGENCY:

Rural Utilities Service, USDA.

ACTION:

Final rule; affirmation.

SUMMARY:

The Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, is confirming the final rule published in the Federal Register on November 27, 2017, which amends its regulation for the Distance Learning and Telemedicine Grant Program.

DATES:

Effective March 9, 2018.

FOR FURTHER INFORMATION CONTACT:

Kenneth Kuchno, Deputy Assistant Administrator, Policy and Outreach Division, Telecommunications Program, Rural Utilities Program, U.S. Department of Agriculture, 1400 Independence Avenue SW, STOP 1599, Room 2870-S, Washington, DC 20250-1550. Telephone number: (202) 690-4673.

SUPPLEMENTARY INFORMATION:

The Rural Utilities Service (RUS), has issued a final rule to streamline, revise, and update the Distance Learning and Telemedicine (DLT) Grant Program, to minimize the burden of applying for and awarding grants (82 FR 55923; Nov. 27, 2017). The Agency's goal is to reduce the regulatory burden on grant applicants and to ensure that grant funds are awarded for projects with the most demonstrable need.

RUS invited comments regarding the new procedures for implementing the DLT Grant Program and received comments from: The Choctaw Nation of Oklahoma; Herzing University; and Ms. Kayla Boylen. These comments and the Agency's responses are summarized as follows:

General Support for the Changes to the Distance Learning and Telemedicine Program (DLT)

Comment: Respondents commented that they were in support of the Program and that the Program is needed in rural America.

Twenty Percent Funding Cap for Broadband Facilities

Comment: One respondent commented that they were in support of adding broadband facilities as an eligible project, however, there was concern that twenty percent of the requested grant amount for this purpose was not sufficient.

Response: It should be noted that the DLT Program is not intended to provide residential/business broadband service. RUS has other loan and grant programs for this purpose. Broadband facilities have been added to the DLT program to ensure that rural schools and medical facilities that currently do not have broadband service have a means to bring distance learning and telemedicine to those facilities. All broadband facilities funded under this program must be used to deliver distance learning and telemedicine.

Fifteen Percent Matching Fund Requirement

Comment: One respondent commented that due to the economic nature of areas eligible for the DLT Program that there should be no matching funds requirement.

Response: For projects to become successful, it is imperative that all parties involved are both financially and non-financially vested, and that the success of the project is not dependent entirely on the grant funding. Additionally, a matching fund component also allows RUS to leverage the limited grant funding received and to fund more projects. A fifteen percent matching fund requirement is a reasonable amount and demonstrates the sincerity of the applicant to make the proposed project a success.

Better Communications

Comment: One commenter suggested that outreach efforts be improved to better communicate the changes to the application scoring criteria as well as the program's eligibility requirements.

Response: RUS has and continues to be mindful of communicating timely information about its programs. The Agency plans to introduce a series of webinars which will address all of the recent changes to the Program as well as other program requirements, criteria, and issues. The webinars will be scheduled on different days and times to accommodate the varying schedules of potential applicants across the country.

The Agency appreciates the interest of the commenters and thanks them for their comment submissions.

Dated: February 16, 2018. Christopher McLean, Acting Administrator, Rural Utilities Service.
[FR Doc. 2018-04659 Filed 3-8-18; 8:45 am] BILLING CODE P
FEDERAL ELECTION COMMISSION 11 CFR Part 1 [Notice 2018-04] Change of Address; Technical Amendment AGENCY:

Federal Election Commission.

ACTION:

Final rule; technical amendment.

SUMMARY:

The relocation of the Federal Election Commission (“FEC” or “Commission”) to a new building with a different street address has been delayed by two weeks. The Commission is updating its regulations to reflect the new relocation date.

DATES:

This rule is effective March 9, 2018.

FOR FURTHER INFORMATION CONTACT:

Mr. Tony Buckley, Attorney, or Mr. Eugene Lynch, Paralegal, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION:

On December 26, 2017, the Federal Election Commission published a Final Rule (82 FR 60852) announcing its official relocation in 2018 to a new street address, and amending its regulations to reflect the change in location. The Final Rule stated that the Commission would relocate on March 5, 2018 to its new street address: 1050 First Street NE, Washington, DC 20463. The Commission's relocation has since been delayed, however, and the Commission will now relocate to its new street address on March 19, 2018. Until March 19, 2018, the Commission will continue to reside and receive mail at 999 E Street NW, Washington, DC 20463.

The Commission is promulgating these amendments without advance notice or an opportunity for comment because they fall under the “good cause” exemption of the Administrative Procedure Act. 5 U.S.C. 553(b)(B). The Commission finds that notice and comment are unnecessary here because these amendments are merely technical; they effect no substantive changes to any rule. For the same reason, these amendments fall within the “good cause” exception to the delayed effective date provisions of the Administrative Procedure Act and the Congressional Review Act. 5 U.S.C. 553(d)(3), 808(2). Moreover, because these amendments are exempt from the notice and comment procedure of the Administrative Procedure Act under 5 U.S.C. 553(b), the Commission is not required to conduct a regulatory flexibility analysis under 5 U.S.C. 603 or 604. See 5 U.S.C. 601(2), 604(a). Nor is the Commission required to submit these amendments for congressional review under the Federal Election Campaign Act of 1971, as amended, the Presidential Election Campaign Fund Act, as amended, or the Presidential Primary Matching Payment Account Act, as amended. See 52 U.S.C. 30111(d)(1), (4) (providing for congressional review when Commission “prescribe[s]” a “rule of law”); 26 U.S.C. 9009(c)(1), (4), 9039(c)(1), (4) (same).

List of Subjects in 11 CFR Part 1

Privacy.

For the reasons set out in the preamble, the Federal Election Commission amends 11 CFR chapter I as follows:

PART 1—PRIVACY ACT 1. The authority citation for part 1 continues to read as follows: Authority:

U.S.C. 552a.

§ 1.2 [Amended]
2. Amend § 1.2 in the definition for “Commission” by removing “March 5, 2018” and adding in its place “March 19, 2018”.

On behalf of the Commission.

Dated: March 1, 2018. Caroline C. Hunter, Chair, Federal Election Commission.
[FR Doc. 2018-04698 Filed 3-8-18; 8:45 am] BILLING CODE 6715-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0164; Product Identifier 2018-NM-026-AD; Amendment 39-19220; AD 2018-05-11] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Airbus Model A320-214, -251N, and -271N airplanes. This AD requires an inspection for any damaged bolt and nut in each cargo fire extinguishing bottle installation, and replacement of any damaged bolt and nut. This AD was prompted by a report that a dynamometric key, previously used for installing the cargo fire extinguishing bottle system, was out of tolerance. As a result, an incorrect torque value may have been applied to the bolts maintaining the fire extinguishing bottles in place. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD becomes effective March 26, 2018.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 26, 2018.

We must receive comments on this AD by April 23, 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0164.

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-2018-0164; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION:

Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2018-0038, dated February 7, 2018 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A320-214, -251N, and -271N airplanes. The MCAI states:

During a periodic check on the final assembly line, a dynamometric key, previously used for installing the cargo fire extinguishing bottle system, was found out of tolerance. As a consequence, an incorrect torque value may have been applied to the screws maintaining the fire extinguishing bottle in place. Vibration during normal operation of the aeroplane could further loosen these screws.

This condition, if not detected and corrected, could lead to disconnection of a cargo fire extinguishing bottle, possibly resulting in loss of the fire protection system in the lower deck cargo compartment.

Prompted by this finding, Airbus issued [Alert Operators Transmission] AOT A26N003-16 (later revised) to provide instructions to apply the correct torque value(s).

For the reason described above, this [EASA] AD requires a one-time inspection of the screws of each cargo fire extinguishing bottle installation and, depending on findings, replacement of screws and re-installation of the system.

You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0164.

Related Service Information Under 1 CFR Part 51

Airbus has issued Alert Operators Transmission A26N003-16, Revision 01, dated June 12, 2017. The service information describes procedures for a general visual inspection for any damaged bolt and nut in each cargo fire extinguishing bottle installation, and replacement of all damaged bolts and nuts. 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 and Requirements of This AD

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

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because of the possibility of loss of the fire protection system in the lower deck cargo compartment. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0164; Product Identifier 2018-NM-026-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.

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

Costs of Compliance

We estimate that this AD affects 2 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection 1 work-hour × $85 per hour = $85 $0 $85 $170

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-05-11 Airbus: Amendment 39-19220; Docket No. FAA-2018-0164; Product Identifier 2018-NM-026-AD. (a) Effective Date

    This AD becomes effective March 26, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Airbus Model A320-214, -251N, and -271N airplanes, certificated in any category, having manufacturer serial numbers 07126, 07141, 07189, 07200, 07221, 07226, 07235, 07245, 07251, 07256, 07264, 07272, 07279, 07319, 07337 and 07340.

    (d) Subject

    Air Transport Association (ATA) of America Code 26, Fire Protection.

    (e) Reason

    This AD was prompted by a report that a dynamometric key, previously used for installing the cargo fire extinguishing bottle system, was out of tolerance. As a result, an incorrect torque value may have been applied to the bolts maintaining the fire extinguishing bottle in place. We are issuing this AD to detect and correct damaged bolts in the cargo fire extinguishing bottle system, which could lead to disconnection of a cargo fire extinguishing bottle, possibly resulting in loss of the fire protection system in the lower deck cargo compartment.

    (f) Compliance

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

    (g) Inspection and Corrective Actions

    Within 30 days after the effective date of this AD: Do a general visual inspection for any damaged bolt and nut in each cargo fire extinguishing bottle installation in accordance with the instructions in Airbus Alert Operators Transmission A26N003-16, Revision 01, dated June 12, 2017.

    (1) If any damaged bolt or nut is detected, before further flight, replace all damaged bolts and nuts, in accordance with the instructions in Airbus Alert Operators Transmission A26N003-16, Revision 01, dated June 12, 2017.

    (2) If no damage is detected, before further flight, reinstall the bolts and nuts, in accordance with the instructions in Airbus Alert Operators Transmission A26N003-16, Revision 01, dated June 12, 2017.

    Note 1 to paragraph (g) of this AD: No credit will be provided for accomplishment of the actions in the original issue of Airbus Alert Operators Transmission A26N003-16 because the torque values were incorrect.

    (h) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

    (i) Special Flight Permits

    Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), may be issued to operate the airplane to a location where the requirements of this AD can be accomplished, provided no cargo is in the lower deck of the cargo compartment.

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2018-0038, dated February 7, 2018, for related information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0164.

    (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

    (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 this AD specifies otherwise.

    (i) Airbus Alert Operators Transmission A26N003-16, Revision 01, dated June 12, 2017.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; internet http://www.airbus.com.

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

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

    Issued in Renton, Washington, on February 28, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-04646 Filed 3-8-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0177; Product Identifier 2017-SW-138-AD; Amendment 39-19218; AD 2018-05-09] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters AGENCY:

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

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters. This AD requires inspecting the tail rotor (T/R) flapping hinge link (hinge) and reporting the results. This AD is prompted by a report of a damaged flapping hinge link. The actions of this AD are intended to prevent an unsafe condition on these products.

    DATES:

    This AD becomes effective March 26, 2018.

    The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of March 26, 2018.

    We must receive comments on this AD by May 8, 2018.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0177; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for Docket Operations (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this final rule, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0177.

    FOR FURTHER INFORMATION CONTACT:

    Martin R. Crane, Aviation Safety Engineer, Regulations & Policy Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.

    Discussion

    EASA, which is the Technical Agent for the Member States of the European Union, has issued Emergency AD No. 2017-0232-E, dated November 21, 2017, to correct an unsafe condition for Airbus Helicopters Model AS 332 C, AS 332 C1, AS 332 L, and AS 332 L1 helicopters. The EASA AD was prompted by the in-flight failure of a pin in a hinge attaching the T/R. EASA advises that damage to the hinge on a T/R blade was reported and that an investigation is ongoing to determine the root cause of the damage. EASA further advises that this condition could lead to failure of the hinge, unbalance of the T/R, and detachment of the T/R gearbox and hub with subsequent loss of control of the helicopter. To correct this unsafe condition, the EASA AD requires a one-time inspection of the flapping hinges, and depending on the findings, corrective actions. It also requires reporting the findings and sending any cracked components to Airbus Helicopters to support the investigation.

    FAA's Determination

    These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. 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 helicopters of these same type designs.

    Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. 64.00.43, Revision 0, dated November 21, 2017, for Model AS332-series helicopters. This service information describes procedures for visually and dye penetrant inspecting the hinges of all five T/Rs.

    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.

    AD Requirements

    This AD requires, within 25 hours time-in-service (TIS):

    • Performing a tactile inspection of each hinge for friction points;

    • Measuring for play in the drag plane;

    • Measuring the tightening torque of each spindle bolt.

    ○ If the tightening torque is not within the minimum and maximum torque, dye-penetrant inspecting the spindle bolt for a crack and removing the spindle bolt and hexagonal castellated nut from service;

    ○ If the tightening torque is within the minimum and maximum torque, inspecting the spindle bolt for corrosion and fretting.

    • Inspecting the bearing race inner ring and bearing needles for spalling and replacing the bearing race if there is any spalling;

    • Measuring the thickness of each stop washer and removing the stop washer from service if the thickness is less than 1.5 mm (.060 inch); and

    • Inspecting the inner ring for brinelling.

    ○ If there is brinelling deeper than 0.1 mm (.004 inch), repairing the hinge.

    ○ If there is brinelling 0.1 mm (.004 inch) or less, dye-penetrant inspecting the inner ring for a crack.

    This AD also requires, within 10 days after the inspection, reporting the results of each inspection and measurement to Airbus Helicopters.

    Differences Between This AD and the EASA AD

    The EASA AD requires compliance within 25 hours TIS or at the next 50 hour inspection of the T/R, whichever is later; this AD requires compliance within 25 hours TIS. The EASA AD requires returning parts to Airbus Helicopters, and this AD does not.

    Interim Action

    We considered this AD interim action. The inspection reports that are required by this AD will enable Airbus Helicopters to obtain better insight into the cause of the damaged flapping hinge link, and eventually develop final action to address the unsafe condition. Once final action has been identified, we might consider further rulemaking.

    Costs of Compliance

    We estimate that this AD affects 20 helicopters of U.S. Registry.

    We estimate that operators may incur the following costs in order to comply with this AD. At an average labor rate of $85 per hour, inspecting 5 T/R hinges will require 8 hours, and required materials cost would be minimal, for a cost per helicopter of $680 and a cost of $13,600 to the U.S. fleet. Reporting the inspection findings would require about 30 minutes, for a cost per helicopter of $43 and a cost of $860 to the U.S. fleet. If required, dye-penetrant inspecting the spindle bolt or inner ring would require about 1 hour, and required materials cost would be minimal, for a cost per helicopter of $85. If required, replacing a spindle bolt would require about 1 hour, and required parts would cost $625, for a cost per helicopter of $710.

    If required, replacing the bearing race would require about 1 hour, and required parts would cost $585, for a cost per helicopter of $670.

    If required, replacing the inner ring would require about 1 hour, and required parts would cost $1,986, for a cost per helicopter of $2,071.

    Paperwork Reduction Act

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

    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 inspections required by this AD must be accomplished within 25 hours TIS, a relatively short period of time for these helicopters as they are primarily used for offshore operations. 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.

    Authority for This Rulemaking

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

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

    Regulatory Findings

    We determined that this 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, I certify that this AD:

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    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): 2018-05-09 Airbus Helicopters: Amendment 39-19218; Docket No. FAA-2018-0177; Product Identifier 2017-SW-138-AD. (a) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as failure of a tail rotor (T/R) flapping hinge link (hinge). This condition could result in unbalance of the T/R, detachment of the T/R gearbox and hub, and subsequent loss of control of the helicopter.

    (c) Effective Date

    This AD becomes effective March 26, 2018.

    (d) Compliance

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

    (e) Required Actions

    (1) Within 25 hours time-in-service, inspect each T/R hinge as follows:

    (i) Point each T/R blade downward and perform a tactile inspection of each hinge for friction points. Record whether there is a friction point.

    (ii) Measure play in the drag plane depicted as “J” in Figure 1 of Airbus Helicopters Emergency Alert Service Bulletin No. 64.00.43, Revision 0, dated November 21, 2017 (EASB 64.00.43), and record the measurement.

    (iii) Measure the tightening torque of each spindle bolt and record the measurement.

    (A) If the tightening torque is less than 564 inch-pounds or more than 955 inch-pounds, before further flight, dye-penetrant inspect the spindle bolt for a crack and record whether there is a crack. Remove the spindle bolt and the hexagonal castellated nut from service.

    (B) If the tightening torque is between 564 inch-pounds and 955 inch-pounds, inspect the spindle bolt for corrosion and fretting and record whether there is corrosion or fretting. If there is corrosion or fretting that cannot be removed by hand with an abrasive pad, before further flight, dye-penetrant inspect the spindle bolt for a crack in areas Z1 and Z2 as depicted in Figure 2 of EASB 64.00.43. If there is a crack, before further flight, record that there is a crack and remove from service the spindle bolt, hexagonal castellated nut, inner ring, stop washers, needle bearings or set of needle bearings, seals, and split washer.

    (iv) Remove the inner ring and stop washers.

    (v) Inspect the bearing race inner ring and bearing needles for spalling. If there is any spalling, before further flight, record that there is spalling and replace the bearing race.

    (vi) Measure the thickness of each stop washer. If the thickness is less than 1.5 mm (.060 inch), before further flight, remove the stop washer from service. Record that the stop washer was removed from service because of thickness.

    (vii) Inspect the inner ring for brinelling.

    (A) If there is brinelling more than 0.1 mm (.004 inch) in depth, before further flight, record that there is brinelling and repair the hinge.

    (B) If there is brinelling 0.1 mm (.004 inch) or less in depth, before further flight, turn the inner ring to position the area with brinelling on the T/R hub pin side. Record the brinelling and the turning of the inner ring. Dye-penetrant inspect the inner ring for a crack in the area depicted as “Z3” of Figure 3 of EASB 64.00.43. If there is a crack, before further flight, record that there is a crack in the inner ring and remove from service the spindle bolt, hexagonal castellated nut, inner ring, stop washers, needle bearings or set of needle bearings, seals, and split washer.

    (2) Within 10 days after the inspection, submit a report of the measurements and findings of the inspection required by paragraph (e)(1) of this AD, as specified in the Appendix of EASB 64.00.43, to [email protected]

    (f) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 30 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

    (g) Alternative Methods of Compliance (AMOCs)

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

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

    (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety Agency (EASA) Emergency AD No. 2017-0232-E, dated November 21, 2017. You may view the EASA AD on the internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2018-0177.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6420 Tail Rotor Head.

    (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference 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) Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. 64.00.43, Revision 0, dated November 21, 2017.

    (ii) Reserved.

    Note 1 to paragraph (j)(2):

    Airbus Helicopters EASB No. 64.00.43, Revision 0, dated November 21, 2017, is co-published as one document along with Airbus Helicopters EASB No. 64.00.21, Revision 0, dated November 21, 2017, which is not incorporated by reference.

    (3) For Airbus Helicopters service information identified in this AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html.

    (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.

    (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 Fort Worth, Texas, on February 26, 2018. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service.
    [FR Doc. 2018-04647 Filed 3-8-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31181; Amdt. No. 3789] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective March 9, 2018. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of March 9, 2018.

    ADDRESSES:

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

    For Examination

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

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

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

    4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    Availability and Summary of Material Incorporated by Reference

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

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

    The Rule

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

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

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

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC, on February 23, 2018. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

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

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

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

    2. Part 97 is amended to read as follows: * * * Effective 29 March 2018 Homer, AK, Homer, LOC RWY 4, Amdt 11 Homer, AK, Homer, LOC BC RWY 22, Amdt 6 Homer, AK, Homer, Takeoff Minimums and Obstacle DP, Amdt 3 Kenai, AK, Kenai Muni, ILS OR LOC RWY 20R, Amdt 6 Kenai, AK, Kenai Muni, RNAV (GPS) RWY 20R, Amdt 4 Kenai, AK, Kenai Muni, VOR RWY 2L, Amdt 10 Kenai, AK, Kenai Muni, VOR RWY 20R, Amdt 21 Nome, AK, Nome, ILS Y OR LOC Y RWY 28, Amdt 4A Nome, AK, Nome, ILS Z OR LOC Z RWY 28, Amdt 5 Gulf Shores, AL, Jack Edwards National, ILS OR LOC RWY 27, Amdt 1B Gulf Shores, AL, Jack Edwards National, RNAV (GPS) RWY 9, Amdt 3B Gulf Shores, AL, Jack Edwards National, RNAV (GPS) RWY 27, Amdt 2B Gulf Shores, AL, Jack Edwards National, Takeoff Minimums and Obstacle DP, Orig-A Blytheville, AR, Arkansas Intl, ILS OR LOC RWY 18, Amdt 2A Redlands, CA, Redlands Muni, RNAV (GPS)-A, Amdt 1 Santa Monica, CA, Santa Monica Muni, RNAV (GPS) RWY 21, Amdt 1A Wray, CO, Wray Muni, RNAV (GPS) RWY 17, Amdt 2 Wray, CO, Wray Muni, RNAV (GPS) RWY 35, Amdt 2 Windsor Locks, CT, Bradley Intl, COPTER ILS OR LOC RWY 6, Amdt 2 Windsor Locks, CT, Bradley Intl, ILS OR LOC RWY 6, ILS RWY 6 (SA CAT I), ILS RWY 6 (CAT II), ILS RWY 6 (CAT III), Amdt 38 Windsor Locks, CT, Bradley Intl, ILS OR LOC RWY 24, ILS RWY 24 (SA CAT I), ILS RWY 24 (SA CAT II), Amdt 13 Windsor Locks, CT, Bradley Intl, ILS OR LOC RWY 33, Amdt 10C Windsor Locks, CT, Bradley Intl, RNAV (GPS) RWY 15, Amdt 3 Windsor Locks, CT, Bradley Intl, RNAV (GPS) RWY 33, Amdt 3 Windsor Locks, CT, Bradley Intl, RNAV (GPS) Y RWY 6, Amdt 3 Windsor Locks, CT, Bradley Intl, RNAV (GPS) Y RWY 24, Amdt 4 Windsor Locks, CT, Bradley Intl, RNAV (RNP) Z RWY 6, Amdt 1 Windsor Locks, CT, Bradley Intl, RNAV (RNP) Z RWY 24, Amdt 1 Nashville, GA, Berrien Co, RNAV (GPS) RWY 28, Amdt 1 Topeka, KS, Philip Billard Muni, ILS OR LOC RWY 13, Amdt 33A Topeka, KS, Philip Billard Muni, LOC BC RWY 31, Amdt 19C Topeka, KS, Philip Billard Muni, RNAV (GPS) RWY 13, Amdt 1B Topeka, KS, Philip Billard Muni, RNAV (GPS) RWY 31, Amdt 1B Bardstown, KY, Samuels Field, RNAV (GPS) RWY 3, Amdt 1 Bardstown, KY, Samuels Field, RNAV (GPS) RWY 21, Amdt 1 Bardstown, KY, Samuels Field, Takeoff Minimums and Obstacle DP, Amdt 2 Bardstown, KY, Samuels Field, VOR RWY 3, Amdt 1 Louisville, KY, Louisville Intl-Standiford Field, ILS OR LOC RWY 17L, Amdt 4G Louisville, KY, Louisville Intl-Standiford Field, ILS OR LOC RWY 17R, Amdt 3G Louisville, KY, Louisville Intl-Standiford Field, ILS OR LOC RWY 35L, ILS RWY 35L (SA CAT I), ILS RWY 35L (CAT II), ILS RWY 35L (CAT III), Amdt 3F Louisville, KY, Louisville Intl-Standiford Field, ILS OR LOC RWY 35R, ILS RWY 35R (SA CAT I), ILS RWY 35R (CAT II), ILS RWY 35R (CAT III), Amdt 4E Louisville, KY, Louisville Intl-Standiford Field, LOC RWY 29, Orig-B Louisville, KY, Louisville Intl-Standiford Field, RNAV (GPS) RWY 29, Orig-C Louisville, KY, Louisville Intl-Standiford Field, RNAV (GPS) Y RWY 17L, Amdt 1E Louisville, KY, Louisville Intl-Standiford Field, RNAV (GPS) Y RWY 17R, Amdt 1E Louisville, KY, Louisville Intl-Standiford Field, RNAV (GPS) Y RWY 35L, Amdt 1D Louisville, KY, Louisville Intl-Standiford Field, RNAV (GPS) Y RWY 35R, Amdt 1E Louisville, KY, Louisville Intl-Standiford Field, RNAV (RNP) Z RWY 17L, Orig-D Louisville, KY, Louisville Intl-Standiford Field, RNAV (RNP) Z RWY 17R, Orig-C Louisville, KY, Louisville Intl-Standiford Field, RNAV (RNP) Z RWY 35L, Amdt 1D Louisville, KY, Louisville Intl-Standiford Field, RNAV (RNP) Z RWY 35R, Orig-C Hastings, MI, Hastings, RNAV (GPS) RWY 12, Amdt 2 Hastings, MI, Hastings, RNAV (GPS) RWY 30, Amdt 2 Bigfork, MN, Bigfork Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Brainerd, MN, Brainerd Lakes Rgnl, ILS OR LOC RWY 23, Amdt 7A Brainerd, MN, Brainerd Lakes Rgnl, ILS OR LOC/DME RWY 34, Amdt 2 Brainerd, MN, Brainerd Lakes Rgnl, RNAV (GPS) RWY 5, Amdt 1A Brainerd, MN, Brainerd Lakes Rgnl, RNAV (GPS) RWY 23, Orig-A Brainerd, MN, Brainerd Lakes Rgnl, RNAV (GPS) RWY 34, Orig-A St Cloud, MN, St Cloud Rgnl, ILS OR LOC RWY 31, Amdt 3B St Cloud, MN, St Cloud Rgnl, RNAV (GPS) RWY 5, Orig-B St Cloud, MN, St Cloud Rgnl, RNAV (GPS) RWY 23, Orig-B St Cloud, MN, St Cloud Rgnl, RNAV (GPS) RWY 31, Amdt 1A Beatrice, NE, Beatrice Muni, RNAV (GPS) RWY 14, Amdt 1C Mount Vernon, OH, Knox County, RNAV (GPS) RWY 28, Amdt 1B Mount Vernon, OH, Knox County, VOR-A, Amdt 8A Hugo, OK, Stan Stamper Muni, RNAV (GPS) RWY 17, Amdt 1 Hugo, OK, Stan Stamper Muni, RNAV (GPS) RWY 35, Amdt 1 Corvallis, OR, Corvallis Muni, RNAV (GPS) RWY 17, Amdt 1A Murfreesboro, TN, Murfreesboro Muni, NDB RWY 18, Amdt 2 Murfreesboro, TN, Murfreesboro Muni, RNAV (GPS) RWY 18, Amdt 2 Murfreesboro, TN, Murfreesboro Muni, RNAV (GPS) RWY 36, Amdt 3 Carthage, TX, Panola County-Sharpe Field, RNAV (GPS) RWY 35, Orig-A Seymour, TX, Seymour Muni, RNAV (GPS) RWY 17, Orig-B Milwaukee, WI, General Mitchell Intl, RNAV (GPS) Z RWY 7R, Amdt 1E

    RESCINDED: On January 26, 2018 (83 FR 3572), the FAA published an Amendment in Docket No. 31175, Amdt No. 3783, to Part 97 of the Federal Aviation Regulations under section 97.27, 97.29, 97.31, 97.33, and 97.37. The following entries for Little Rock, AR, and Fort Hood/Killen, TX, effective March 29, 2018, are hereby rescinded in their entirety:

    Little Rock, AR, Bill and Hillary Clinton National/Adams Field, ILS OR LOC RWY 4L, Amdt 26A Little Rock, AR, Bill and Hillary Clinton National/Adams Field, ILS OR LOC RWY 4R, Amdt 2D Little Rock, AR, Bill and Hillary Clinton National/Adams Field, ILS OR LOC RWY 22L, Orig-D Little Rock, AR, Bill and Hillary Clinton National/Adams Field, RNAV (GPS) RWY 36, Orig-C Little Rock, AR, Bill and Hillary Clinton National/Adams Field, Takeoff Minimums and Obstacle DP, Amdt 9 Fort Hood/Killeen, TX, Robert Gray AAF, NDB RWY 15, Amdt 6A, CANCELED Fort Hood/Killeen, TX, Robert Gray AAF, RADAR-2, Orig-A

    RESCINDED: On February 13, 2018 (83 FR 6130), the FAA published an Amendment in Docket No. 31177, Amdt No. 3785, to Part 97 of the Federal Aviation Regulations under section 97.33. The following entries for Douglas, GA, effective March 29, 2018, are hereby rescinded in their entirety.

    Douglas, GA, Douglas Muni, RNAV (GPS) RWY 4, Amdt 2 Douglas, GA, Douglas Muni, RNAV (GPS) RWY 22, Amdt 2
    [FR Doc. 2018-04583 Filed 3-8-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31182; Amdt. No. 3790] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective March 9, 2018. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of March 9, 2018.

    ADDRESSES:

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

    For Examination

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

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

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

    4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

    This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

    Availability and Summary of Material Incorporated by Reference

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

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

    The Rule

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

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

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

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

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC, on February 23, 2018. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

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

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

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

    2. Part 97 is amended to read as follows:

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

    * * * Effective Upon Publication AIRAC date State City Airport FDC No. FDC date Subject 29-Mar-18 AL Evergreen Middleton Field 7/0916 2/12/18 RNAV (GPS) RWY 10, Amdt 1B. 29-Mar-18 AL Evergreen Middleton Field 7/0917 2/12/18 RNAV (GPS) RWY 28, Amdt 1B. 29-Mar-18 AL Evergreen Middleton Field 7/0918 2/12/18 VOR/DME RWY 10, Amdt 3A. 29-Mar-18 AL Evergreen Middleton Field 7/0925 2/12/18 RNAV (GPS) RWY 19, Amdt 1B. 29-Mar-18 UT Brigham City Brigham City 7/0939 1/25/18 RNAV (GPS) RWY 35, Amdt 2B. 29-Mar-18 UT Brigham City Brigham City 7/0942 1/25/18 Takeoff Minimums and Obstacle DP, Amdt 6A. 29-Mar-18 CA Grass Valley Nevada County Air Park 7/0951 2/13/18 VOR OR GPS-A, Amdt 1A. 29-Mar-18 CA Grass Valley Nevada County Air Park 7/0956 2/13/18 RNAV (GPS) RWY 7, Orig. 29-Mar-18 CA Grass Valley Nevada County Air Park 7/0958 2/13/18 Takeoff Minimums and Obstacle DP, Amdt 1. 29-Mar-18 SD Wagner Wagner Muni 7/4352 2/12/18 RNAV (GPS) RWY 27, Orig-A. 29-Mar-18 SD Wagner Wagner Muni 7/4353 2/12/18 RNAV (GPS) RWY 9, Orig-A. 29-Mar-18 TX Brownsville Brownsville/South Padre Island Intl 7/4362 2/13/18 RNAV (GPS) RWY 13, Orig-A. 29-Mar-18 TX Brownsville Brownsville/South Padre Island Intl 7/4400 2/13/18 ILS OR LOC RWY 13, Orig. 29-Mar-18 PA Pottsville Schuylkill County/Joe Zerbey 7/5164 2/12/18 RNAV (GPS) RWY 11, Amdt 2. 29-Mar-18 PA Pottsville Schuylkill County/Joe Zerbey 7/5165 2/12/18 RNAV (GPS) RWY 29, Amdt 2. 29-Mar-18 NE Beatrice Beatrice Muni 7/6218 2/16/2018 RNAV (GPS) RWY 18, Amdt 2A. 29-Mar-18 NE Beatrice Beatrice Muni 7/6219 2/16/2018 RNAV (GPS) RWY 32, Amdt 1B. 29-Mar-18 NE Beatrice Beatrice Muni 7/6224 2/16/2018 RNAV (GPS) RWY 36, Amdt 2A. 29-Mar-18 CA Oroville Oroville Muni 7/8296 2/12/18 RNAV (GPS) RWY 2, Amdt 1. 29-Mar-18 AK Cold Bay Cold Bay 7/9842 1/9/18 RNAV (GPS) RWY 26, Amdt 3. 29-Mar-18 OK Duncan Halliburton Field 8/2954 2/13/18 RNAV (GPS) RWY 35, Amdt 2. 29-Mar-18 IA Sioux City Sioux Gateway/Col Bud Day Field 8/3737 2/13/18 ILS OR LOC RWY 31, Amdt 25D. 29-Mar-18 CO Fort Collins/Loveland Fort Collins-Loveland Muni 8/4541 2/12/18 ILS OR LOC RWY 33, Amdt 6B. 29-Mar-18 CO Fort Collins/Loveland Fort Collins-Loveland Muni 8/4542 2/12/18 RNAV (GPS) RWY 15, Orig. 29-Mar-18 CO Fort Collins/Loveland Fort Collins-Loveland Muni 8/4543 2/12/18 RNAV (GPS) RWY 33, Amdt 1A. 29-Mar-18 CO Fort Collins/Loveland Fort Collins-Loveland Muni 8/4545 2/12/18 VOR/DME-A, Amdt 7. 29-Mar-18 TX Beaumont/Port Arthur Jack Brooks Rgnl 8/4872 2/12/18 RNAV (GPS) RWY 12, Orig-A. 29-Mar-18 IA Des Moines Des Moines Intl 8/5986 2/13/18 RNAV (GPS) RWY 13, Amdt 2. 29-Mar-18 NM Roswell Roswell Intl Air Center 8/6296 2/12/18 RADAR-1, Orig-A. 29-Mar-18 MO St Louis Spirit of St Louis 8/7173 2/13/18 ILS OR LOC RWY 8R, Amdt 14A. 29-Mar-18 MO St Louis Spirit of St Louis 8/7174 2/13/18 ILS OR LOC RWY 26L, Orig-C. 29-Mar-18 CT Willimantic Windham 8/7701 2/12/18 RNAV (GPS) RWY 9, Amdt 1A. 29-Mar-18 FL Miami Miami-Opa Locka Executive 8/7849 2/12/18 Takeoff Minimums and Obstacle DP, Amdt 9. 29-Mar-18 HI Kailua/Kona Ellison Onizuka Kona Intl At Keahole 8/9475 2/13/18 Takeoff Minimums and Obstacle DP, Amdt 5.
    [FR Doc. 2018-04584 Filed 3-8-18; 8:45 a.m.] BILLING CODE 4910-13-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA-475] Schedules of Controlled Substances: Temporary Placement of Seven Fentanyl-Related Substances in Schedule I; Correction AGENCY:

    Drug Enforcement Administration, Department of Justice.

    ACTION:

    Temporary amendment; temporary scheduling order; correcting amendment.

    SUMMARY:

    On February 1, 2018, the Drug Enforcement Administration placed seven fentanyl-related substances temporarily in schedule I of the Controlled Substances Act. Incorrect drug codes were assigned to valeryl fentanyl and ocfentanil. This document corrects the drug codes for those two substances.

    DATES:

    Effective March 9, 2018 until February 1, 2020.

    FOR FURTHER INFORMATION CONTACT:

    Michael J. Lewis, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-6812.

    SUPPLEMENTARY INFORMATION:

    On February 1, 2018 (83 FR 4580), the Drug Enforcement Administration (DEA) issued a document placing seven fentanyl-related substances temporarily in schedule I of the Controlled Substances Act. These seven substances are: N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl), N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl fentanyl), N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-methoxybutyryl fentanyl), N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-chloroisobutyryl fentanyl), N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl), N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl fentanyl), and N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil). The document assigned incorrect drug codes to valeryl fentanyl and ocfentanil. This document corrects the drug codes for those two substances.

    List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements.

    For the reasons set out above, the DEA corrects 21 CFR part 1308 by making the following correcting amendments:

    PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for part 1308 continues to read as follows: Authority:

    21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted.

    2. In § 1308.11, paragraphs (h)(23) and (29) are revised to read as follows:
    §  1308.11 Schedule I.

    (h) * * *

    (23) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: Valeryl fentanyl) (9840) (29) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: Ocfentanil) (9838)
    Dated: February 28, 2018. Robert W. Patterson, Acting Administrator.
    [FR Doc. 2018-04765 Filed 3-8-18; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0037] RIN 1625-AA00 Safety Zone; Firestone Grand Prix of St. Petersburg, St. Petersburg, Florida AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone on the navigable waters of Tampa Bay, in the vicinity of the St. Petersburg Municipal Yacht Basin, St. Petersburg, Florida during the Firestone Grand Prix of St. Petersburg. The temporary safety zone is necessary to protect the safety of the race participants, spectators, and vessels on the surrounding waterway during grand prix racing on a course abutting the St. Petersburg Municipal Yacht Basin. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative.

    DATES:

    This rule is effective without actual notice from March 9, 2018 until 10 p.m. on March 11, 2018. For the purposes of enforcement, actual notice will be used from 6 a.m. on March 7, 2018 until March 9, 2018.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2018-0037 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Marine Science Technician First Class Michael Shackleford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228-2191, email [email protected]

    SUPPLEMENTARY INFORMATION:

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

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Coast Guard was not notified of the event with sufficient time to publish a NPRM prior to the event. The Coast Guard received information regarding the need for a safety zone for the event on January 10, 2018. The event would occur before the rulemaking process would be completed. Because of the dangers posed by the race involved in this event, the safety zone is necessary to provide for the safety of race participants, spectators, and other vessels navigating the surrounding waterways. Delaying the effective date by first publishing an NPRM and holding a comment period would be contrary to the rule's objectives of ensuring safety of life on the navigable waters and protection of race participants, spectators, and vessels in the surrounding waterways. For those reasons, it would be impracticable to publish an NPRM.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register for the same reasons discussed above.

    III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to establish regulated navigation areas: 33 U.S.C. 1231. The Captain of the Port St. Petersburg has determined that a safety zone is necessary to protect race participants, spectators, and vessels from the hazards associated with race events. The rule is necessary to ensure the safety of life vessels and persons in the navigable waters within the safety zone during the Firestone Grand Prix of St. Petersburg, Florida.

    IV. Discussion of the Rule

    This rule establishes a safety zone from March 7, 2018 through March 11, 2018, which will be enforced daily from 6 a.m. to 10 p.m. The safety zone will cover all navigable waters within a specified area of Tampa Bay, St. Petersburg. The duration of the zone is intended to ensure the safety of the public and these navigable waters during the race event. No vessel or person will be permitted to enter, transit through, anchor in, or remain within the safety zone without obtaining permission from the Captain of the Port St. Petersburg or a designated representative.

    Persons and vessels may request authorization to enter, transit through, anchor in, or remain within the regulated area by contacting the Captain of the Port St. Petersburg by telephone at (727) 824-7506, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative. The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, and/or on-scene designated representatives.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on: (1) The safety zone will be enforced for a limited period of time over the course of four days during the Firestone Grand Prix of St. Petersburg, Florida race events; (2) although persons and vessels are prohibited to enter, transit through, anchor in, or remain within the regulated area without authorization from the Captain of the Port St. Petersburg or a designated representative, they may operate in the surrounding area during the enforcement period; (3) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners and/or Broadcast Notice to Mariners.

    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 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 V.A above, this rule will not have a significant economic impact on any vessel owner or operator.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule 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 safety zone that will prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the regulated area during a four day high speed grand prix race event. It is categorically excluded from further review under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T07-0037 to read as follows:
    § 165.T07-0037 Safety Zone; Firestone Grand Prix of St. Petersburg, St. Petersburg, FL.

    (a) Regulated area. The following area is established as a safety zone. All waters of the Gulf of Mexico encompassed within the following points: 27°46′18″ N, 082°37′55.2″ W, thence to position 27°46′18″ N, 082°37′54.6″ W, thence to position 27°46′9.6″ N, 082°37′54.6″ W, thence to position 27°46′9.6″ N, 082°37′33″ W, thence to position 27°46′4.2″ N, 082°37′33″ W, thence to position 27°45′59.4″ N, 082°37′50.4″ W, thence to position 27°46′6.6″ N, 082°37′56.4″ W, thence to position 27°46′13.8″ N, 082°37′55.8″ W, thence back to the original position 27°46′18″ N, 082°37′55.2″ W. All coordinates are North American Datum 1983.

    (b) Definition. The term “designated representative” means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port St. Petersburg in the enforcement of the regulated areas.

    (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the Regulated Area unless authorized by the Captain of the Port St. Petersburg or a designated representative.

    (2) Designated representatives may control vessel traffic throughout the enforcement area as determined by the prevailing conditions.

    (3) Persons and vessels may request authorization to enter, transit through, anchor in, or remain within the regulated areas by contacting the Captain of the Port St. Petersburg by telephone at (727) 824-7506, or a designated representative via VHF radio on channel 16. If authorization is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative.

    (d) Enforcement period. This rule will be enforced from 6 a.m. until 10 p.m. daily from March 7, 2018 through March 11, 2018.

    Holly L. Najarian, Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
    [FR Doc. 2018-04744 Filed 3-8-18; 8:45 am] BILLING CODE 9110-04-P
    POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket Nos. MC2010-21 and CP2010-36] Update to Product Lists AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Final rule.

    SUMMARY:

    The Commission is updating the competitive product list. This action reflects a publication policy adopted by Commission order. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The competitive product list, which is re-published in its entirety, includes these updates.

    DATES:

    Effective: March 9, 2018. For applicability dates, see SUPPLEMENTARY INFORMATION.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6800.

    SUPPLEMENTARY INFORMATION:

    Applicability Dates

    October 3, 2017, Priority Mail Contract 358 (MC2017-204 and CP2017-312); October 3, 2017, Priority Mail Contract 359 (MC2017-205 and CP2017-313); October 3, 2017, Priority Mail Contract 360 (MC2017-206 and CP2017-314); October 5, 2017, Alternative Delivery Provider Reseller 1 (MC2017-170 and CP2017-268); October 5, 2017, Priority Mail Contract 361 (MC2017-207 and CP2017-315); October 5, 2017, Priority Mail Contract 362 (MC2017-208 and CP2017-316); October 5, 2017, Priority Mail Contract 363 (MC2017-209 and CP2017-317); October 5, 2017, Priority Mail Contract 364 (MC2017-210 and CP2017-318); October 6, 2017, Parcel Select Contract 23 (MC2017-211 and CP2017-319); October 6, 2017, First-Class Package Service Contract 82 (MC2017-212 and CP2017-320); October 11, 2017, Priority Mail Contract 365 (MC2017-213 and CP2017-321); October 11, 2017, Priority Mail & First-Class Package Service Contract 58 (MC2017-214 and CP2017-322); October 12, 2017, First-Class Package Service Contract 83 (MC2018-1 and CP2018-1); October 12, 2017, First-Class Package Service Contract 84 (MC2018-2 and CP2018-2); October 18, 2017, Priority Mail Contract 367 (MC2018-4 and CP2018-6); October 19, 2017, Priority Mail Contract 368 (MC2018-5 and CP2018-7); October 25, 2017, Priority Mail Contract 370 (MC2018-9 and CP2018-16); October 25, 2017, Priority Mail Express Contract 51 (MC2018-10 and CP2018-17); October 25, 2017, Priority Mail & First-Class Package Service Contract 59 (MC2018-11 and CP2018-18); October 25, 2017, Priority Mail & First-Class Package Service Contract 60 (MC2018-12 and CP2018-19); October 31, 2017, Global Plus 1E (MC2018-7 and CP2018-12); October 31, 2017, Parcel Select Contract 24 (MC2018-13 and CP2018-26); November 1, 2017, Global Expedited Package Services 9 (MC2018-6 and CP2018-11); November 2, 2017, Priority Mail Contract 369 (MC2018-8 and CP2018-15); November 3, 2017, Priority Mail & First-Class Package Service Contract 61 (MC2018-14 and CP2018-30); November 3, 2017, Priority Mail Contract 371 (MC2018-15 and CP2018-31); November 3, 2017, Priority Mail Express Contract 52 (MC2018-16 and CP2018-32); November 3, 2017, Priority Mail Express, Priority Mail & First-Class Package Service Contract 23 (MC2018-17 and CP2018-33); November 9, 2017, Priority Mail Express & Priority Mail Contract 52 (MC2018-18 and CP2018-40); November 9, 2017, Priority Mail Express, Priority Mail & First-Class Package Service Contract 24 (MC2018-19 and CP2018-41); November 15, 2017, Priority Mail Express, Priority Mail & First-Class Package Service Contract 25 (MC2018-20 and CP2018-42); November 15, 2017, Priority Mail Contract 372 (MC2018-21 and CP2018-43); November 21, 2017, Priority Mail Contract 373 (MC2018-22 and CP2018-44); November 21, 2017, Priority Mail Contract 374 (MC2018-23 and CP2018-45); November 21, 2017, Priority Mail Express, Priority Mail & First-Class Package Service Contract 26 (MC2018-24 and CP2018-46); November 29, 2017, Priority Mail Express Contract 53 (MC2018-25 and CP2018-51); November 29, 2017, Priority Mail Contract 375 (MC2018-26 and CP2018-52); November 29, 2017, Priority Mail Contract 376 (MC2018-27 and CP2018-53); November 29, 2017, Priority Mail & First-Class Package Service Contract 62 (MC2018-28 and CP2018-54); November 30, 2017, Priority Mail Express, Priority Mail & First-Class Package Service Contract 27 (MC2018-29 and CP2018-58); December 1, 2017, Priority Mail Express, Priority Mail & First-Class Package Service Contract 28 (MC2018-30 and CP2018-60); December 1, 2017, First-Class Package Service Contract 85 (MC2018-31 and CP2018-61); December 5, 2017, Priority Mail Express & Priority Mail Contract 53 (MC2018-33 and CP2018-63); December 5, 2017, Priority Mail Contract 377 (MC2018-32 and CP2018-62); December 7, 2017, Priority Mail Contract 378 (MC2018-34 and CP2018-64); December 8, 2017, Priority Mail Contract 379 (MC2018-36 and CP2018-66); December 8, 2017, Priority Mail & First-Class Package Service Contract 63 (MC2018-37 and CP2018-67); December 12, 2017, Priority Mail Contract 380 (MC2018-38 and CP2018-68); December 12, 2017, Priority Mail Express, Priority Mail & First-Class Package Service Contract 29 (MC2018-39 and CP2018-69); December 12, 2017, Priority Mail Express, Priority Mail & First-Class Package Service Contract 30 (MC2018-40 and CP2018-70); December 12, 2017, Priority Mail Contract 381 (MC2018-41 and CP2018-71); December 14, 2017, Priority Mail Contract 382 (MC2018-42 and CP2018-72); December 14, 2017, Priority Mail Contract 383 (MC2018-43 and CP2018-73); December 15, 2017, Priority Mail Contract 384 (MC2018-45 and CP2018-75); December 15, 2017, Priority Mail Express Contract 54 (MC2018-46 and CP2018-76); December 15, 2017, Priority Mail Contract 385 (MC2018-47 and CP2018-77); December 15, 2017, Priority Mail & First-Class Package Service Contract 64 (MC2018-48 and CP2018-78); December 15, 2017, Parcel Select Contract 25 (MC2018-35 and CP2018-65); December 15, 2017, Parcel Select Contract 26 (MC2018-44 and CP2018-74); December 19, 2017, Priority Mail Express & Priority Mail Contract 54 (MC2018-49 and CP2018-80); December 19, 2017, Priority Mail Contract 386 (MC2018-50 and CP2018-81); December 19, 2017, First-Class Package Service Contract 86 (MC2018-51 and CP2018-82); December 19, 2017, Priority Mail Contract 387 (MC2018-52 and CP2018-83); December 26, 2017, Priority Mail Contract 388 (MC2018-53 and CP2018-86); December 26, 2017, Priority Mail Contract 389 (MC2018-54 and CP2018-87); December 26, 2017, Priority Mail Contract 390 (MC2018-55 and CP2018-91); December 26, 2017, Priority Mail Contract 391 (MC2018-56 and CP2018-92); December 27, 2017, Priority Mail Express Contract 55 (MC2018-57 and CP2018-94); December 27, 2017, Priority Mail Contract 392 (MC2018-58 and CP2018-95); December 28, 2017, First-Class Package Service Contract 87 (MC2018-59 and CP2018-98); December 28, 2017, First-Class Package Service Contract 88 (MC2018-60 and CP2018-100); December 28, 2017, Priority Mail & First-Class Package Service Contract 65 (MC2018-61 and CP2018-101); December 29, 2017, Priority Mail & First-Class Package Service Contract 66 (MC2018-62 and CP2018-102); December 29, 2017, Priority Mail Express Contract 56 (MC2018-63 and CP2018-103); December 29, 2017, Priority Mail Contract 393 (MC2018-64 and CP2018-104); December 29, 2017, Priority Mail Contract 394 (MC2018-65 and CP2018-105); December 29, 2017, Priority Mail Contract 395 (MC2018-66 and CP2018-106).

    This document identifies updates to the competitive product list, which appears as 39 CFR Appendix B to Subpart A of Part 3020—Competitive Product List. Publication of the updated product list in the Federal Register is addressed in the Postal Accountability and Enhancement Act (PAEA) of 2006.

    Authorization. The Commission process for periodic publication of updates was established in Docket Nos. MC2010-21 and CP2010-36, Order No. 445, April 22, 2010, at 8.

    Changes. The competitive product list is being updated by publishing a replacement in its entirety of 39 CFR Appendix B to Subpart A of Part 3020—Competitive Product List. The following products are being added, removed, or moved within the competitive product list:

    Competitive Product List

    1. Priority Mail Contract 358 (MC2017-204 and CP2017-312) (Order No. 4138), added October 3, 2017.

    2. Priority Mail Contract 359 (MC2017-205 and CP2017-313) (Order No. 4139), added October 3, 2017.

    3. Priority Mail Contract 360 (MC2017-206 and CP2017-314) (Order No. 4140), added October 3, 2017.

    4. Alternative Delivery Provider Reseller 1 (MC2017-170 and CP2017-268) (Order No. 4143), added October 5, 2017.

    5. Priority Mail Contract 361 (MC2017-207 and CP2017-315) (Order No. 4144), added October 5, 2017.

    6. Priority Mail Contract 362 (MC2017-208 and CP2017-316) (Order No. 4145), added October 5, 2017.

    7. Priority Mail Contract 363 (MC2017-209 and CP2017-317) (Order No. 4146), added October 5, 2017.

    8. Priority Mail Contract 364 (MC2017-210 and CP2017-318) (Order No. 4147), added October 5, 2017.

    9. Parcel Select Contract 23 (MC2017-211 and CP2017-319) (Order No. 4149), added October 6, 2017.

    10. First-Class Package Service Contract 82 (MC2017-212 and CP2017-320) (Order No. 4150), added October 6, 2017.

    11. Priority Mail Contract 365 (MC2017-213 and CP2017-321) (Order No. 4155), added October 11, 2017.

    12. Priority Mail & First-Class Package Service Contract 58 (MC2017-214 and CP2017-322) (Order No. 4156), added October 11, 2017.

    13. First-Class Package Service Contract 83 (MC2018-1 and CP2018-1) (Order No. 4159), added October 12, 2017.

    14. First-Class Package Service Contract 84 (MC2018-2 and CP2018-2) (Order No. 4160), added October 12, 2017.

    15. Priority Mail Contract 367 (MC2018-4 and CP2018-6) (Order No. 4168), added October 18, 2017.

    16. Priority Mail Contract 368 (MC2018-5 and CP2018-7) (Order No. 4169), added October 19, 2017.

    17. Priority Mail Contract 370 (MC2018-9 and CP2018-16) (Order No. 4180), added October 25, 2017.

    18. Priority Mail Express Contract 51 (MC2018-10 and CP2018-17) (Order No. 4181), added October 25, 2017.

    19. Priority Mail & First-Class Package Service Contract 59 (MC2018-11 and CP2018-18) (Order No. 4182), added October 25, 2017.

    20. Priority Mail & First-Class Package Service Contract 60 (MC2018-12 and CP2018-19) (Order No. 4183), added October 25, 2017.

    21. Global Plus 1E (MC2018-7 and CP2018-12) (Order No. 4194), added October 31, 2017.

    22. Priority Mail & First-Class Package Service Contract 52 (MC2017-174 and CP2017-275) (Order No. 4083), added August 30, 2017.

    23. Parcel Select Contract 24 (MC2018-13 and CP2018-26) (Order No. 4196), added October 31, 2017.

    24. Global Expedited Package Services 9 (MC2018-6 and CP2018-11) (Order No. 4199), added November 1, 2017.

    25. Priority Mail Contract 369 (MC2018-8 and CP2018-15) (Order No. 4201), added November 2, 2017.

    26. Priority Mail & First-Class Package Service Contract 61 (MC2018-14 and CP2018-30) (Order No. 4202), added November 3, 2017.

    27. Priority Mail Contract 371 (MC2018-15 and CP2018-31) (Order No. 4203), added November 3, 2017.

    28. Priority Mail Express Contract 52 (MC2018-16 and CP2018-32) (Order No. 4204), added November 3, 2017.

    29. Priority Mail Express, Priority Mail & First-Class Package Service Contract 23 (MC2018-17 and CP2018-33) (Order No. 4205), added November 3, 2017.

    30. Priority Mail Express & Priority Mail Contract 52 (MC2018-18 and CP2018-40) (Order No. 4212), added November 9, 2017.

    31. Priority Mail Express, Priority Mail & First-Class Package Service Contract 24 (MC2018-19 and CP2018-41) (Order No. 4214), added November 9, 2017.

    32. Priority Mail Express, Priority Mail & First-Class Package Service Contract 25 (MC2018-20 and CP2018-42) (Order No. 4220), added November 15, 2017.

    33. Priority Mail Contract 372 (MC2018-21 and CP2018-43) (Order No. 4221), added November 15, 2017.

    34. Priority Mail Contract 373 (MC2018-22 and CP2018-44) (Order No. 4229), added November 21, 2017.

    35. Priority Mail Contract 374 (MC2018-23 and CP2018-45) (Order No. 4230), added November 21, 2017.

    36. Priority Mail Express, Priority Mail & First-Class Package Service Contract 26 (MC2018-24 and CP2018-46) (Order No. 4231), added November 21, 2017.

    37. Priority Mail Express Contract 53 (MC2018-25 and CP2018-51) (Order No. 4243), added November 29, 2017.

    38. Priority Mail Contract 375 (MC2018-26 and CP2018-52) (Order No. 4244), added November 29, 2017.

    39. Priority Mail Contract 376 (MC2018-27 and CP2018-53) (Order No. 4245), added November 29, 2017.

    40. Priority Mail & First-Class Package Service Contract 62 (MC2018-28 and CP2018-54) (Order No. 4246), added November 29, 2017.

    41. Priority Mail Express, Priority Mail & First-Class Package Service Contract 27 (MC2018-29 and CP2018-58) (Order No. 4254), added November 30, 2017.

    42. Priority Mail Express, Priority Mail & First-Class Package Service Contract 28 (MC2018-30 and CP2018-60) (Order No. 4261), added December 1, 2017.

    43. First-Class Package Service Contract 85 (MC2018-31 and CP2018-61) (Order No. 4262), added December 1, 2017.

    44. Priority Mail Express & Priority Mail Contract 53 (MC2018-33 and CP2018-63) (Order No. 4265), added December 5, 2017.

    45. Priority Mail Contract 377 (MC2018-32 and CP2018-62) (Order No. 4266), added December 5, 2017.

    46. Priority Mail Contract 378 (MC2018-34 and CP2018-64) (Order No. 4268), added December 7, 2017.

    47. Priority Mail Contract 379 (MC2018-36 and CP2018-66) (Order No. 4269), added December 8, 2017.

    48. Priority Mail & First-Class Package Service Contract 63 (MC2018-37 and CP2018-67) (Order No. 4270), added December 8, 2017.

    49. Priority Mail Contract 380 (MC2018-38 and CP2018-68) (Order No. 4271), added December 12, 2017.

    50. Priority Mail Express, Priority Mail & First-Class Package Service Contract 29 (MC2018-39 and CP2018-69) (Order No. 4272), added December 12, 2017.

    51. Priority Mail Express, Priority Mail & First-Class Package Service Contract 30 (MC2018-40 and CP2018-70) (Order No. 4273), added December 12, 2017.

    52. Priority Mail Contract 381 (MC2018-41 and CP2018-71) (Order No. 4274), added December 12, 2017.

    53. Priority Mail Contract 382 (MC2018-42 and CP2018-72) (Order No. 4276), added December 14, 2017.

    54. Priority Mail Contract 383 (MC2018-43 and CP2018-73) (Order No. 4277), added December 14, 2017.

    55. Priority Mail Contract 384 (MC2018-45 and CP2018-75) (Order No. 4279), added December 15, 2017.

    56. Priority Mail Express Contract 54 (MC2018-46 and CP2018-76) (Order No. 4280), added December 15, 2017.

    57. Priority Mail Contract 385 (MC2018-47 and CP2018-77) (Order No. 4281), added December 15, 2017.

    58. Priority Mail & First-Class Package Service Contract 64 (MC2018-48 and CP2018-78) (Order No. 4282), added December 15, 2017.

    59. Parcel Select Contract 25 (MC2018-35 and CP2018-65) (Order No. 4283), added December 15, 2017.

    60. Parcel Select Contract 26 (MC2018-44 and CP2018-74) (Order No. 4284), added December 15, 2017.

    61. Priority Mail Express & Priority Mail Contract 54 (MC2018-49 and CP2018-80) (Order No. 4287), added December 19, 2017.

    62. Priority Mail Contract 386 (MC2018-50 and CP2018-81) (Order No. 4288), added December 19, 2017.

    63. First-Class Package Service Contract 86 (MC2018-51 and CP2018-82) (Order No. 4289), added December 19, 2017.

    64. Priority Mail Contract 387 (MC2018-52 and CP2018-83) (Order No. 4290), added December 19, 2017.

    65. Priority Mail Contract 388 (MC2018-53 and CP2018-86) (Order No. 4299), added December 26, 2017.

    66. Priority Mail Contract 389 (MC2018-54 and CP2018-87) (Order No. 4300), added December 26, 2017.

    67. Priority Mail Contract 390 (MC2018-55 and CP2018-91) (Order No. 4301), added December 26, 2017.

    68. Priority Mail Contract 391 (MC2018-56 and CP2018-92) (Order No. 4302), added December 26, 2017.

    69. Priority Mail Express Contract 55 (MC2018-57 and CP2018-94) (Order No. 4306), added December 27, 2017.

    70. Priority Mail Contract 392 (MC2018-58 and CP2018-95) (Order No. 4307), added December 27, 2017.

    71. First-Class Package Service Contract 88 (MC2018-60 and CP2018-100) (Order No. 4316), added December 28, 2017.

    72. Priority Mail & First-Class Package Service Contract 65 (MC2018-61 and CP2018-101) (Order No. 4317), added December 28, 2017.

    73. Priority Mail & First-Class Package Service Contract 66 (MC2018-62 and CP2018-102) (Order No. 4318), added December 29, 2017.

    74. Priority Mail Express Contract 56 (MC2018-63 and CP2018-103) (Order No. 4319), added December 29, 2017.

    75. Priority Mail Contract 393 (MC2018-64 and CP2018-104) (Order No. 4320), added December 29, 2017.

    76. Priority Mail Contract 394 (MC2018-65 and CP2018-105) (Order No. 4321), added December 29, 2017.

    77. Priority Mail Contract 395 (MC2018-66 and CP2018-106) (Order No. 4322), added December 29, 2017.

    The following negotiated service agreements have expired, or have been terminated early, and are being deleted from the Competitive Product List:

    1. Priority Mail Express Contract 19 (MC2014-41 and CP2014-74) (Order No. 2178).

    2. Priority Mail Express Contract 21 (MC2015-14 and CP2015-17) (Order No. 2284).

    3. Priority Mail Contract 82 (MC2014-29 and CP2014-54) (Order No. 2119).

    4. Priority Mail Contract 87 (MC2014-36 and CP2014-62) (Order No. 2142).

    5. Priority Mail Contract 92 (MC2014-46 and CP2014-82) (Order No. 2202).

    6. Priority Mail Contract 95 (MC2014-49 and CP2014-85) (Order No. 2210).

    7. Priority Mail Contract 96 (MC2015-4 and CP2015-5) (Order No. 2245).

    8. Priority Mail Contract 104 (MC2015-19 and CP2015-23) (Order No. 2302).

    9. Priority Mail Contract 241 (MC2016-202 and CP2016-291) (Order No. 3551).

    10. Priority Mail Express & Priority Mail Contract 10 (MC2012-54 and CP2012-66) (Order No. 1499).

    11. First-Class Package Service Contract 37 (MC2014-42 and CP2014-75) (Order No. 2179).

    12. First-Class Package Service Contract 70 (MC2017-55 and CP2017-81) (Order No. 3705).

    Updated product list. The referenced changes to the competitive product list is incorporated into 39 CFR Appendix B to Subpart A of Part 3020—Competitive Product List.

    List of Subjects in 39 CFR Part 3020

    Administrative practice and procedure, Postal Service.

    For the reasons discussed in the preamble, the Postal Regulatory Commission amends chapter III of title 39 of the Code of Federal Regulations as follows:

    PART 3020—PRODUCT LISTS 1. The authority citation for part 3020 continues to read as follows: Authority:

    39 U.S.C. 503; 3622; 3631; 3642; 3682.

    2. Revise Appendix B of Subpart A of Part 3020—Competitive Product List to read as follows: Appendix B to Subpart A of Part 3020—Competitive Product List

    (An asterisk (*) indicates an organizational group, not a Postal Service product.)

    Domestic Products * Priority Mail Express Priority Mail Parcel Select Parcel Return Service First-Class Package Service USPS Retail Ground International Products * Outbound International Expedited Services Inbound Parcel Post (at UPU rates) Outbound Priority Mail International International Priority Airmail (IPA) International Surface Air List (ISAL) International Direct Sacks—M-Bags Outbound Single-Piece First-Class Package International Service Negotiated Service Agreements * Domestic * Priority Mail Express Contract 16 Priority Mail Express Contract 20 Priority Mail Express Contract 23 Priority Mail Express Contract 26 Priority Mail Express Contract 27 Priority Mail Express Contract 28 Priority Mail Express Contract 29 Priority Mail Express Contract 30 Priority Mail Express Contract 31 Priority Mail Express Contract 32 Priority Mail Express Contract 34 Priority Mail Express Contract 35 Priority Mail Express Contract 36 Priority Mail Express Contract 37 Priority Mail Express Contract 38 Priority Mail Express Contract 39 Priority Mail Express Contract 40 Priority Mail Express Contract 41 Priority Mail Express Contract 42 Priority Mail Express Contract 43 Priority Mail Express Contract 44 Priority Mail Express Contract 45 Priority Mail Express Contract 46 Priority Mail Express Contract 47 Priority Mail Express Contract 48 Priority Mail Express Contract 49 Priority Mail Express Contract 50 Priority Mail Express Contract 51 Priority Mail Express Contract 52 Priority Mail Express Contract 53 Priority Mail Express Contract 54 Priority Mail Express Contract 55 Priority Mail Express Contract 56 Parcel Return Service Contract 5 Parcel Return Service Contract 6 Parcel Return Service Contract 7 Parcel Return Service Contract 8 Parcel Return Service Contract 9 Parcel Return Service Contract 10 Priority Mail Contract 77 Priority Mail Contract 78 Priority Mail Contract 80 Priority Mail Contract 85 Priority Mail Contract 93 Priority Mail Contract 94 Priority Mail Contract 98 Priority Mail Contract 99 Priority Mail Contract 106 Priority Mail Contract 107 Priority Mail Contract 110 Priority Mail Contract 111 Priority Mail Contract 113 Priority Mail Contract 115 Priority Mail Contract 117 Priority Mail Contract 119 Priority Mail Contract 121 Priority Mail Contract 123 Priority Mail Contract 125 Priority Mail Contract 126 Priority Mail Contract 127 Priority Mail Contract 130 Priority Mail Contract 131 Priority Mail Contract 132 Priority Mail Contract 133 Priority Mail Contract 134 Priority Mail Contract 136 Priority Mail Contract 137 Priority Mail Contract 138 Priority Mail Contract 140 Priority Mail Contract 141 Priority Mail Contract 144 Priority Mail Contract 145 Priority Mail Contract 146 Priority Mail Contract 148 Priority Mail Contract 149 Priority Mail Contract 150 Priority Mail Contract 153 Priority Mail Contract 154 Priority Mail Contract 155 Priority Mail Contract 156 Priority Mail Contract 157 Priority Mail Contract 158 Priority Mail Contract 159 Priority Mail Contract 160 Priority Mail Contract 161 Priority Mail Contract 163 Priority Mail Contract 164 Priority Mail Contract 166 Priority Mail Contract 167 Priority Mail Contract 168 Priority Mail Contract 169 Priority Mail Contract 170 Priority Mail Contract 171 Priority Mail Contract 172 Priority Mail Contract 174 Priority Mail Contract 175 Priority Mail Contract 176 Priority Mail Contract 177 Priority Mail Contract 178 Priority Mail Contract 179 Priority Mail Contract 180 Priority Mail Contract 181 Priority Mail Contract 185 Priority Mail Contract 186 Priority Mail Contract 188 Priority Mail Contract 189 Priority Mail Contract 190 Priority Mail Contract 191 Priority Mail Contract 192 Priority Mail Contract 193 Priority Mail Contract 194 Priority Mail Contract 195 Priority Mail Contract 196 Priority Mail Contract 197 Priority Mail Contract 198 Priority Mail Contract 199 Priority Mail Contract 200 Priority Mail Contract 201 Priority Mail Contract 202 Priority Mail Contract 203 Priority Mail Contract 204 Priority Mail Contract 205 Priority Mail Contract 206 Priority Mail Contract 207 Priority Mail Contract 208 Priority Mail Contract 209 Priority Mail Contract 210 Priority Mail Contract 211 Priority Mail Contract 212 Priority Mail Contract 213 Priority Mail Contract 215 Priority Mail Contract 216 Priority Mail Contract 217 Priority Mail Contract 218 Priority Mail Contract 219 Priority Mail Contract 220 Priority Mail Contract 221 Priority Mail Contract 222 Priority Mail Contract 223 Priority Mail Contract 224 Priority Mail Contract 225 Priority Mail Contract 226 Priority Mail Contract 227 Priority Mail Contract 229 Priority Mail Contract 230 Priority Mail Contract 231 Priority Mail Contract 232 Priority Mail Contract 233 Priority Mail Contract 234 Priority Mail Contract 235 Priority Mail Contract 236 Priority Mail Contract 237 Priority Mail Contract 238 Priority Mail Contract 239 Priority Mail Contract 240 Priority Mail Contract 242 Priority Mail Contract 243 Priority Mail Contract 244 Priority Mail Contract 245 Priority Mail Contract 246 Priority Mail Contract 247 Priority Mail Contract 248 Priority Mail Contract 249 Priority Mail Contract 250 Priority Mail Contract 251 Priority Mail Contract 252 Priority Mail Contract 253 Priority Mail Contract 254 Priority Mail Contract 255 Priority Mail Contract 256 Priority Mail Contract 257 Priority Mail Contract 258 Priority Mail Contract 259 Priority Mail Contract 260 Priority Mail Contract 261 Priority Mail Contract 262 Priority Mail Contract 263 Priority Mail Contract 264 Priority Mail Contract 265 Priority Mail Contract 266 Priority Mail Contract 267 Priority Mail Contract 268 Priority Mail Contract 269 Priority Mail Contract 270 Priority Mail Contract 271 Priority Mail Contract 272 Priority Mail Contract 273 Priority Mail Contract 274 Priority Mail Contract 275 Priority Mail Contract 276 Priority Mail Contract 277 Priority Mail Contract 278 Priority Mail Contract 279 Priority Mail Contract 280 Priority Mail Contract 281 Priority Mail Contract 282 Priority Mail Contract 283 Priority Mail Contract 284 Priority Mail Contract 285 Priority Mail Contract 286 Priority Mail Contract 287 Priority Mail Contract 288 Priority Mail Contract 289 Priority Mail Contract 290 Priority Mail Contract 291 Priority Mail Contract 292 Priority Mail Contract 293 Priority Mail Contract 294 Priority Mail Contract 295 Priority Mail Contract 296 Priority Mail Contract 297 Priority Mail Contract 298 Priority Mail Contract 299 Priority Mail Contract 300 Priority Mail Contract 301 Priority Mail Contract 302 Priority Mail Contract 303 Priority Mail Contract 304 Priority Mail Contract 305 Priority Mail Contract 306 Priority Mail Contract 307 Priority Mail Contract 308 Priority Mail Contract 309 Priority Mail Contract 310 Priority Mail Contract 311 Priority Mail Contract 312 Priority Mail Contract 313 Priority Mail Contract 314 Priority Mail Contract 315 Priority Mail Contract 316 Priority Mail Contract 317 Priority Mail Contract 318 Priority Mail Contract 319 Priority Mail Contract 320 Priority Mail Contract 321 Priority Mail Contract 322 Priority Mail Contract 323 Priority Mail Contract 324 Priority Mail Contract 325 Priority Mail Contract 326 Priority Mail Contract 327 Priority Mail Contract 328 Priority Mail Contract 329 Priority Mail Contract 330 Priority Mail Contract 331 Priority Mail Contract 332 Priority Mail Contract 333 Priority Mail Contract 334 Priority Mail Contract 335 Priority Mail Contract 336 Priority Mail Contract 337 Priority Mail Contract 338 Priority Mail Contract 339 Priority Mail Contract 340 Priority Mail Contract 341 Priority Mail Contract 342 Priority Mail Contract 343 Priority Mail Contract 344 Priority Mail Contract 345 Priority Mail Contract 346 Priority Mail Contract 347 Priority Mail Contract 348 Priority Mail Contract 349 Priority Mail Contract 350 Priority Mail Contract 351 Priority Mail Contract 352 Priority Mail Contract 353 Priority Mail Contract 354 Priority Mail Contract 355 Priority Mail Contract 356 Priority Mail Contract 357 Priority Mail Contract 358 Priority Mail Contract 359 Priority Mail Contract 360 Priority Mail Contract 361 Priority Mail Contract 362 Priority Mail Contract 363 Priority Mail Contract 364 Priority Mail Contract 365 Priority Mail Contract 367 Priority Mail Contract 368 Priority Mail Contract 369 Priority Mail Contract 370 Priority Mail Contract 371 Priority Mail Contract 372 Priority Mail Contract 373 Priority Mail Contract 374 Priority Mail Contract 375 Priority Mail Contract 376 Priority Mail Contract 377 Priority Mail Contract 378 Priority Mail Contract 379 Priority Mail Contract 380 Priority Mail Contract 381 Priority Mail Contract 382 Priority Mail Contract 383 Priority Mail Contract 384 Priority Mail Contract 385 Priority Mail Contract 386 Priority Mail Contract 387 Priority Mail Contract 388 Priority Mail Contract 389 Priority Mail Contract 390 Priority Mail Contract 391 Priority Mail Contract 392 Priority Mail Contract 393 Priority Mail Contract 394 Priority Mail Contract 395 Priority Mail Express & Priority Mail Contract 12 Priority Mail Express & Priority Mail Contract 13 Priority Mail Express & Priority Mail Contract 17 Priority Mail Express & Priority Mail Contract 18 Priority Mail Express & Priority Mail Contract 19 Priority Mail Express & Priority Mail Contract 20 Priority Mail Express & Priority Mail Contract 21 Priority Mail Express & Priority Mail Contract 22 Priority Mail Express & Priority Mail Contract 23 Priority Mail Express & Priority Mail Contract 24 Priority Mail Express & Priority Mail Contract 25 Priority Mail Express & Priority Mail Contract 27 Priority Mail Express & Priority Mail Contract 28 Priority Mail Express & Priority Mail Contract 29 Priority Mail Express & Priority Mail Contract 30 Priority Mail Express & Priority Mail Contract 31 Priority Mail Express & Priority Mail Contract 32 Priority Mail Express & Priority Mail Contract 33 Priority Mail Express & Priority Mail Contract 34 Priority Mail Express & Priority Mail Contract 35 Priority Mail Express & Priority Mail Contract 36 Priority Mail Express & Priority Mail Contract 37 Priority Mail Express & Priority Mail Contract 38 Priority Mail Express & Priority Mail Contract 39 Priority Mail Express & Priority Mail Contract 40 Priority Mail Express & Priority Mail Contract 41 Priority Mail Express & Priority Mail Contract 42 Priority Mail Express & Priority Mail Contract 43 Priority Mail Express & Priority Mail Contract 44 Priority Mail Express & Priority Mail Contract 45 Priority Mail Express & Priority Mail Contract 46 Priority Mail Express & Priority Mail Contract 47 Priority Mail Express & Priority Mail Contract 48 Priority Mail Express & Priority Mail Contract 49 Priority Mail Express & Priority Mail Contract 50 Priority Mail Express & Priority Mail Contract 51 Priority Mail Express & Priority Mail Contract 52 Priority Mail Express & Priority Mail Contract 53 Priority Mail Express & Priority Mail Contract 54 Parcel Select & Parcel Return Service Contract 3 Parcel Select & Parcel Return Service Contract 5 Parcel Select & Parcel Return Service Contract 6 Parcel Select Contract 2 Parcel Select Contract 8 Parcel Select Contract 9 Parcel Select Contract 10 Parcel Select Contract 11 Parcel Select Contract 12 Parcel Select Contract 13 Parcel Select Contract 14 Parcel Select Contract 15 Parcel Select Contract 16 Parcel Select Contract 17 Parcel Select Contract 18 Parcel Select Contract 19 Parcel Select Contract 20 Parcel Select Contract 21 Parcel Select Contract 22 Parcel Select Contract 23 Parcel Select Contract 24 Parcel Select Contract 25 Parcel Select Contract 26 Priority Mail—Non-Published Rates Priority Mail—Non-Published Rates 1 First-Class Package Service Contract 38 First-Class Package Service Contract 39 First-Class Package Service Contract 40 First-Class Package Service Contract 41 First-Class Package Service Contract 42 First-Class Package Service Contract 43 First-Class Package Service Contract 44 First-Class Package Service Contract 45 First-Class Package Service Contract 46 First-Class Package Service Contract 47 First-Class Package Service Contract 48 First-Class Package Service Contract 49 First-Class Package Service Contract 50 First-Class Package Service Contract 51 First-Class Package Service Contract 52 First-Class Package Service Contract 53 First-Class Package Service Contract 54 First-Class Package Service Contract 55 First-Class Package Service Contract 57 First-Class Package Service Contract 59 First-Class Package Service Contract 60 First-Class Package Service Contract 61 First-Class Package Service Contract 62 First-Class Package Service Contract 63 First-Class Package Service Contract 64 First-Class Package Service Contract 65 First-Class Package Service Contract 66 First-Class Package Service Contract 67 First-Class Package Service Contract 68 First-Class Package Service Contract 69 First-Class Package Service Contract 71 First-Class Package Service Contract 72 First-Class Package Service Contract 73 First-Class Package Service Contract 74 First-Class Package Service Contract 75 First-Class Package Service Contract 76 First-Class Package Service Contract 77 First-Class Package Service Contract 78 First-Class Package Service Contract 79 First-Class Package Service Contract 80 First-Class Package Service Contract 81 First-Class Package Service Contract 82 First-Class Package Service Contract 83 First-Class Package Service Contract 84 First-Class Package Service Contract 85 First-Class Package Service Contract 86 First-Class Package Service Contract 87 First-Class Package Service Contract 88 Priority Mail Express, Priority Mail & First-Class Package Service Contract 5 Priority Mail Express, Priority Mail & First-Class Package Service Contract 6 Priority Mail Express, Priority Mail & First-Class Package Service Contract 7 Priority Mail Express, Priority Mail & First-Class Package Service Contract 8 Priority Mail Express, Priority Mail & First-Class Package Service Contract 9 Priority Mail Express, Priority Mail & First-Class Package Service Contract 10 Priority Mail Express, Priority Mail & First-Class Package Service Contract 11 Priority Mail Express, Priority Mail & First-Class Package Service Contract 12 Priority Mail Express, Priority Mail & First-Class Package Service Contract 13 Priority Mail Express, Priority Mail & First-Class Package Service Contract 14 Priority Mail Express, Priority Mail & First-Class Package Service Contract 15 Priority Mail Express, Priority Mail & First-Class Package Service Contract 16 Priority Mail Express, Priority Mail & First-Class Package Service Contract 17 Priority Mail Express, Priority Mail & First-Class Package Service Contract 18 Priority Mail Express, Priority Mail & First-Class Package Service Contract 19 Priority Mail Express, Priority Mail & First-Class Package Service Contract 20 Priority Mail Express, Priority Mail & First-Class Package Service Contract 21 Priority Mail Express, Priority Mail & First-Class Package Service Contract 22 Priority Mail Express, Priority Mail & First-Class Package Service Contract 23 Priority Mail Express, Priority Mail & First-Class Package Service Contract 24 Priority Mail Express, Priority Mail & First-Class Package Service Contract 25 Priority Mail Express, Priority Mail & First-Class Package Service Contract 26 Priority Mail Express, Priority Mail & First-Class Package Service Contract 27 Priority Mail Express, Priority Mail & First-Class Package Service Contract 28 Priority Mail Express, Priority Mail & First-Class Package Service Contract 29 Priority Mail Express, Priority Mail & First-Class Package Service Contract 30 Priority Mail & First-Class Package Service Contract 2 Priority Mail & First-Class Package Service Contract 4 Priority Mail & First-Class Package Service Contract 6 Priority Mail & First-Class Package Service Contract 7 Priority Mail & First-Class Package Service Contract 8 Priority Mail & First-Class Package Service Contract 9 Priority Mail & First-Class Package Service Contract 10 Priority Mail & First-Class Package Service Contract 11 Priority Mail & First-Class Package Service Contract 13 Priority Mail & First-Class Package Service Contract 15 Priority Mail & First-Class Package Service Contract 16 Priority Mail & First-Class Package Service Contract 17 Priority Mail & First-Class Package Service Contract 18 Priority Mail & First-Class Package Service Contract 19 Priority Mail & First-Class Package Service Contract 20 Priority Mail & First-Class Package Service Contract 21 Priority Mail & First-Class Package Service Contract 22 Priority Mail & First-Class Package Service Contract 23 Priority Mail & First-Class Package Service Contract 24 Priority Mail & First-Class Package Service Contract 25 Priority Mail & First-Class Package Service Contract 26 Priority Mail & First-Class Package Service Contract 27 Priority Mail & First-Class Package Service Contract 28 Priority Mail & First-Class Package Service Contract 29 Priority Mail & First-Class Package Service Contract 30 Priority Mail & First-Class Package Service Contract 31 Priority Mail & First-Class Package Service Contract 32 Priority Mail & First-Class Package Service Contract 33 Priority Mail & First-Class Package Service Contract 34 Priority Mail & First-Class Package Service Contract 35 Priority Mail & First-Class Package Service Contract 36 Priority Mail & First-Class Package Service Contract 37 Priority Mail & First-Class Package Service Contract 38 Priority Mail & First-Class Package Service Contract 39 Priority Mail & First-Class Package Service Contract 40 Priority Mail & First-Class Package Service Contract 41 Priority Mail & First-Class Package Service Contract 42 Priority Mail & First-Class Package Service Contract 43 Priority Mail & First-Class Package Service Contract 44 Priority Mail & First-Class Package Service Contract 45 Priority Mail & First-Class Package Service Contract 46 Priority Mail & First-Class Package Service Contract 47 Priority Mail & First-Class Package Service Contract 48 Priority Mail & First-Class Package Service Contract 49 Priority Mail & First-Class Package Service Contract 50 Priority Mail & First-Class Package Service Contract 51 Priority Mail & First-Class Package Service Contract 52 Priority Mail & First-Class Package Service Contract 53 Priority Mail & First-Class Package Service Contract 54 Priority Mail & First-Class Package Service Contract 55 Priority Mail & First-Class Package Service Contract 56 Priority Mail & First-Class Package Service Contract 57 Priority Mail & First-Class Package Service Contract 58 Priority Mail & First-Class Package Service Contract 59 Priority Mail & First-Class Package Service Contract 60 Priority Mail & First-Class Package Service Contract 61 Priority Mail & First-Class Package Service Contract 62 Priority Mail & First-Class Package Service Contract 63 Priority Mail & First-Class Package Service Contract 64 Priority Mail & First-Class Package Service Contract 65 Priority Mail & First-Class Package Service Contract 66 Priority Mail & Parcel Select Contract 1 Priority Mail & Parcel Select Contract 2 Outbound International* Global Expedited Package Services (GEPS) Contracts GEPS 3 GEPS 5 GEPS 6 GEPS 7 GEPS 8 GEPS 9 Global Bulk Economy (GBE) Contracts Global Plus Contracts Global Plus 1C Global Plus 1D Global Plus 1E Global Plus 2C Global Plus 3 Global Reseller Expedited Package Contracts Global Reseller Expedited Package Services 1 Global Reseller Expedited Package Services 2 Global Reseller Expedited Package Services 3 Global Reseller Expedited Package Services 4 Global Expedited Package Services (GEPS)—Non-Published Rates Global Expedited Package Services (GEPS)—Non-Published Rates 2 Global Expedited Package Services (GEPS)—Non-Published Rates 3 Global Expedited Package Services (GEPS)—Non-Published Rates 4 Global Expedited Package Services (GEPS)—Non-Published Rates 5 Global Expedited Package Services (GEPS)—Non-Published Rates 6 Global Expedited Package Services (GEPS)—Non-Published Rates 7 Global Expedited Package Services (GEPS)—Non-Published Rates 8 Global Expedited Package Services (GEPS)—Non-Published Rates 9 Global Expedited Package Services (GEPS)—Non-Published Rates 10 Global Expedited Package Services (GEPS)—Non-Published Rates 11 Global Expedited Package Services (GEPS)—Non-Published Rates 12 Priority Mail International Regional Rate Boxes—Non-Published Rates Outbound Competitive International Merchandise Return Service Agreement with Royal Mail Group, Ltd. Priority Mail International Regional Rate Boxes Contracts Priority Mail International Regional Rate Boxes Contracts 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 2 Alternative Delivery Provider (ADP) Contracts ADP 1 Alternative Delivery Provider Reseller (ADPR) Contracts ADPR 1 Inbound International* International Business Reply Service (IBRS) Competitive Contracts International Business Reply Service Competitive Contract 1 International Business Reply Service Competitive Contract 3 Inbound Direct Entry Contracts with Customers Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations 1 Inbound EMS Inbound EMS 2 Inbound Air Parcel Post (at non-UPU rates) Royal Mail Group Inbound Air Parcel Post Agreement Inbound Competitive Multi-Service Agreements with Foreign Postal Operators Inbound Competitive Multi-Service Agreements with Foreign Postal Operators 1 Special Services* Address Enhancement Services Greeting Cards, Gift Cards, and Stationery International Ancillary Services International Money Transfer Service—Outbound International Money Transfer Service—Inbound Premium Forwarding Service Shipping and Mailing Supplies Post Office Box Service Competitive Ancillary Services Nonpostal Services* Advertising Licensing of Intellectual Property other than Officially Licensed Retail Products (OLRP) Mail Service Promotion Officially Licensed Retail Products (OLRP) Passport Photo Service Photocopying Service Rental, Leasing, Licensing or other Non-Sale Disposition of Tangible Property Training Facilities and Related Services USPS Electronic Postmark (EPM) Program Market Tests* Customized Delivery Global eCommerce Marketplace (GeM)
    Stacy L. Ruble, Secretary.
    [FR Doc. 2018-04785 Filed 3-8-18; 8:45 am] BILLING CODE 7710-FW-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 51 [EPA-HQ-OAR-2016-0202; FRL-9975-23-OAR] RIN 2060-AT41 Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications Approach AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    In this final rule, the EPA is establishing the air quality thresholds that define the classifications assigned to all nonattainment areas for the 2015 ozone national ambient air quality standards (NAAQS) (the “2015 ozone NAAQS”) promulgated on October 1, 2015. This final rule also establishes the timing of attainment dates for each nonattainment area classification.

    DATES:

    This final rule is effective on May 8, 2018.

    ADDRESSES:

    The EPA has established a docket for this action, identified by Docket ID No. EPA-HQ-OAR-2016-0202. All documents in the docket are listed in the http://www.regulations.gov website. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information 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. Publicly available docket materials are available electronically in http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For further general information on this rule, contact Mr. Robert Lingard, Office of Air Quality Planning and Standards (OAQPS), Air Quality Policy Division, U.S. EPA, Mailcode 539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by telephone at (919) 541-5272; or by email at [email protected]; or Mr. Butch Stackhouse, OAQPS, Air Quality Policy Division, U.S. EPA, Mailcode 539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by telephone at (919) 541-5208; or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Entities potentially affected directly by this final rule include state, local and tribal governments and air pollution control agencies (air agencies) responsible for attainment and maintenance of the ozone NAAQS. Entities potentially affected indirectly by this proposed rule as regulated sources include owners and operators of sources of emissions of volatile organic compounds (VOCs) and nitrogen oxides (NOX) that contribute to ground-level ozone formation.

    B. Where can I get a copy of this document and other related information?

    In addition to being available in the docket, an electronic copy of this Federal Register document will be posted at http://www.epa.gov/ozone-pollution.

    C. How is this document organized?

    The information presented in this document is organized as follows:

    I. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? C. How is this document organized? II. Background III. Application of Classification Provisions in CAA Section 181 to Nonattainment Areas Subject to Subpart 2 of Part D of Title I of the CAA A. Background and Summary of the Proposal B. Brief Summary of Comments on the Proposed Rule and the EPA's Responses C. Final Action IV. Environmental Justice Considerations V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTA) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act (CRA) M. Judicial Review VI. Statutory Authority II. Background

    On October 1, 2015,1 the EPA promulgated a rule that revised the primary and secondary 8-hour NAAQS for ozone to a level of 0.070 parts per million (ppm).23 Revisions to the ozone NAAQS trigger a process set forth in section 107 of the Clean Air Act (CAA or Act), in which states recommend area designations (i.e., as nonattainment, attainment, or unclassifiable with respect to the revised standards) to the EPA, and the EPA then evaluates air quality data and other factors prior to making final area designations. In accordance with CAA section 181(a)(1), an area designated as nonattainment for a revised ozone NAAQS must be classified, at the time of designation, as Marginal, Moderate, Serious, Severe or Extreme, depending on the severity of the ozone air quality problem in that nonattainment area.

    1See 80 FR 65292 (October 26, 2015).

    2 Compliance with the NAAQS is computed based on the annual fourth highest daily maximum 8-hour average concentration, averaged over 3 years. For a detailed explanation of the calculation of the 3-year 8-hour average, see 40 CFR part 50, appendix P.

    3 Since the 2015 primary and secondary NAAQS for ozone are identical, for convenience, we refer to both as “the 2015 ozone NAAQS” or “the 2015 ozone standards.”

    On November 17, 2016, the EPA proposed a set of nonattainment area classification thresholds and associated attainment dates, as well as other NAAQS implementation-related provisions including submittal deadlines and specific CAA requirements for the content of nonattainment area and Ozone Transport Region state implementation plans (SIPs), for the 2015 ozone NAAQS (81 FR 81276). With this action, we are finalizing the set of nonattainment area classification thresholds and associated attainment dates, which will apply when the EPA promulgates final nonattainment area designations for the 2015 ozone NAAQS.4 The public comment period on the November 17, 2016, notice of proposed rulemaking (NPRM) (November 2016 proposal) ran from November 17, 2016, to February 13, 2017. The EPA received approximately 80 comment submissions on the NPRM, approximately 20 of which addressed the EPA's proposed nonattainment area classifications approach. The preamble to this final classifications rule for the 2015 ozone NAAQS discusses the comments received and how they were considered by the EPA in general terms. The Response to Comments document provides more detailed responses to the comments received. The public comments received on the NPRM and the EPA's Response to Comment document are posted in the docket at http://www.regulations.gov (Docket ID No. EPA-HQ-OAR-2016-0202).

    4 The EPA intends to finalize, where appropriate, the other portions of the November 17, 2016, proposed rule in a separate action.

    We are taking two actions in this final rule: (1) Establishing the air quality thresholds that define each of the five CAA classifications for areas designated nonattainment for the 2015 ozone NAAQS; and (2) establishing the attainment deadline associated with each classification. The EPA also proposed in the November 2016 proposal to apply previous voluntary reclassifications for six areas in California to the revised 2015 ozone NAAQS. Consistent with California's most recent request, EPA intends to finalize these voluntary reclassifications for five areas separately with its final nonattainment area designations for the 2015 ozone NAAQS.

    III. Application of Classification Provisions in CAA Section 181 to Nonattainment Areas Subject to Subpart 2 of Part D of Title I of the CAA A. Background and Summary of the Proposal 1. Background

    On November 17, 2016, the EPA proposed numerical ozone air quality thresholds for classifying nonattainment areas for the 2015 ozone NAAQS (81 FR 81283). In accordance with CAA section 181(a)(1), each area designated as nonattainment for the 2015 ozone NAAQS must be classified at the time of designation. Accordingly, the EPA is finalizing classification thresholds on or before the date that it issues final nonattainment area designations.

    Under Subpart 2 of part D of title I of the CAA, state planning and emissions control requirements for ozone are determined, in part, by a nonattainment area's classification. Under subpart 2, ozone nonattainment areas are initially classified based on the severity of their ozone levels, as determined by the area's design value (DV),5 relative to the lower and upper DV thresholds for each classification. Nonattainment areas with a “lower” classification have ozone levels at the time of designation that are closer to the standard than areas with a “higher” classification. Ozone nonattainment areas in the lower classification levels have fewer initial mandatory air quality planning and control requirements than those in higher classifications. Clean Air Act section 181 provides an increasing amount of maximum time from the date of designation to attain the standards for the progressively higher classifications: Marginal—3 years, Moderate—6 years, Serious—9 years, Severe—15 or 17 years, and Extreme—20 years.

    5 Annual fourth highest daily maximum 8-hour average ozone concentration, averaged over 3 years. For a detailed explanation of the calculation of the 3-year 8-hour average, see 40 CFR part 50, appendix P.

    The CAA provides mechanisms for addressing nonattainment areas that may not be able to attain by the attainment date for their classification, or that fail to attain by that date. CAA section 181(a)(4) provides that within 90 days of designation and classification, the Administrator may exercise discretion to reclassify an area to a higher (or lower) classification if its DV is within 5 percent of the DV range of the higher (or lower) classification. An air agency may also voluntarily request, pursuant to CAA section 181(b)(3), that the EPA reclassify the area to a higher classification. The EPA may not deny and must approve any such voluntary reclassification requests. Once an area is reclassified to a higher classification, it becomes subject to the associated additional planning and control requirements for that higher classification, and must attain the standard no later than the maximum attainment date for that classification. Six nonattainment areas in California were granted voluntary reclassifications for both the 1997 and 2008 ozone NAAQS (77 FR 30165; May 21, 2012), which we proposed in the November 2016 proposal to apply for the 2015 ozone NAAQS. Finally, if the EPA determines that an area has failed to attain the standard by the applicable attainment date, CAA section 181(b)(2) requires EPA to reclassify that area to a higher classification (i.e., “bump-up”).

    2. Summary of the Proposal

    For purposes of the 2015 ozone NAAQS, the EPA proposed to retain the “percent-above-the-standard” (PATS) methodology used to establish area classification thresholds for the 1997 and 2008 8-hour ozone NAAQS (81 FR 81283; November 17, 2016). As the EPA explained in our proposal, the PATS approach is rooted in the classification thresholds established for the ozone standard in effect at the time of the 1990 CAA amendments, which was a 1-hour exceedance-based standard of 0.12 ppm.6 The classification provisions in Table 1 in section 181 of subpart 2 of the CAA (also referred to herein as the “CAA Table 1”) are specific to that 1-hour standard. The EPA subsequently translated the CAA Table 1 thresholds for purposes of the revised 1997 ozone NAAQS, which were expressed in the form of a 3-year average of annual fourth highest daily maximum 8-hour averages.7 Specifically, in the classifications rule for the 1997 8-hour ozone NAAQS, we translated the classification thresholds in CAA Table 1 from 1-hour DVs to 8-hour DVs based on the percentage by which each classification threshold in the table exceeds the 1-hour ozone NAAQS (i.e., percent-above-the-standard, or PATS).8 Application of the PATS classification approach for 8-hour ozone NAAQS was challenged in litigation and upheld by the Court. See South Coast Air Quality Management District v. Environmental Protection Agency, 472 F.3d 882 (D.C. Cir. 2006) at 896-898. The EPA subsequently retained the PATS approach in its final classifications rule for the 2008 8-hour ozone NAAQS.9

    6 For additional discussion on the 1-hour ozone NAAQS and its associated area designations and classifications, see 56 FR 56695 (November 6, 1991).

    7See 69 FR 23954 (April 30, 2004) and 40 CFR Appendix I.

    8 The upper thresholds of the Marginal, Moderate, Serious and Severe classifications are precise percentages or fractions above the level of the standard, namely 15 percent (3/20ths more than the standard), 33.33 percent (one-third more than the standard), 50 percent (one-half more than the standard), and 133.3 percent (one and one-third more than the standard).

    9See 77 FR 30162 (May 21, 2012).

    The EPA also proposed to retain its current approach in establishing attainment dates for each nonattainment area classification, consistent with CAA Table 1 and the regulatory approach for both the 1997 and 2008 ozone NAAQS (81 FR 81285; November 17, 2016). We proposed that the maximum attainment dates for nonattainment areas in each classification under the 2015 NAAQS are as follows: Marginal—3 years from effective date of designation; Moderate—6 years from effective date of designation; Serious—9 years from effective date of designation; Severe—15 years (or 17 years) from effective date of designation; and Extreme—20 years from effective date of designation.

    Finally, the EPA proposed to again apply previous voluntary reclassifications for potential nonattainment areas in California to the revised 2015 ozone NAAQS unless the state of California explicitly requested otherwise in their comments to the November 2016 proposal (81 FR 81285).10 These areas included Los Angeles-South Coast Air Basin, San Joaquin Valley, Riverside County (Coachella Valley), Sacramento Metro, Ventura County and Western Mojave areas. We believe this is an appropriate mechanism to address the situation for these California areas that were voluntarily reclassified for the 1997 ozone NAAQS and previously used this mechanism for the 2008 ozone NAAQS to ensure the areas would have an attainment date for the revised 2015 ozone NAAQS that is no earlier than the area's attainment date for the prior 2008 NAAQS. The EPA proposed this approach in order to minimize burden on the state of California and obviate the need to go through the voluntary reclassification process again.

    10 Areas for which California declines voluntary reclassification would be classified at the time of designation for the 2015 ozone NAAQS based on their DV.

    B. Brief Summary of Comments on the Proposed Rule and the EPA's Responses

    The EPA received approximately 20 comment submissions on its proposed approach for establishing nonattainment area classification thresholds for the 2015 ozone NAAQS. A majority (approximately two-thirds) of the commenters supported adoption of the proposed PATS approach, stating that it was consistent with the CAA as well as the method used for classifying nonattainment areas under the 1997 and 2008 ozone NAAQS, and has been upheld in litigation. The other one-third of comments suggested that EPA adopt a different classification approach, as addressed more fully below and in the separate Response to Comments document that is available in the docket for this rulemaking. The EPA received no significant comments regarding its proposed approach in establishing attainment dates for each nonattainment area classification under the 2015 ozone NAAQS.

    Comment: Some commenters were concerned that the proposed PATS approach classifies too many areas as Marginal nonattainment areas, and that some of those Marginal areas are unlikely to attain the standard within the 3 years provided by the Act. Commenters pointed out that the EPA's application of the PATS approach to classifications for the 2008 ozone NAAQS resulted in more than half of all Marginal areas failing to achieve timely attainment of that NAAQS by the end of the 2014 ozone season. Because the CAA does not require states with areas classified as Marginal to develop attainment plans or adopt additional controls, commenters argue that states will not impose emission reductions necessary to timely achieve attainment and moreover that some of these Marginal areas contribute pollution to downwind areas that have historically struggled with attaining the NAAQS due to transported pollution. These commenters advocated alternative classification approaches, such as those considered by the EPA for the prior 2008 ozone NAAQS, that would adjust thresholds to classify more areas as Moderate than the proposed PATS approach. They argue that modifying the EPA's proposed classification approach with the result of increasing the number of Moderate areas would impose needed emissions control requirements, provide a longer, more realistic timeframe to attain the ozone NAAQS, and would equitably require upwind areas that contribute to downwind transport to implement new control measures sooner.

    Response: The EPA recognizes that the nonattainment area classification thresholds established in this action would likely result in the vast majority of nonattainment areas being initially classified Marginal for the 2015 ozone NAAQS, subjecting states associated with these areas to fewer mandatory air quality planning and control requirements than would apply in higher classifications. However, as the commenters acknowledge, the PATS approach has “a degree of consistency with Congressional intent” and has withstood judicial review. The EPA previously considered a number of alternative approaches in establishing nonattainment area classification thresholds for the 2008 ozone NAAQS, and commenters suggested that we reexamine those approaches and consider adopting one here, or adopt an entirely new alternative approach.11 We rejected the alternative approaches discussed in the Background Information Document that accompanied the classifications rule for the 2008 ozone NAAQS because we determined that the alternative approaches would introduce more judgment and uncertainty in the threshold determination process than contemplated by the CAA, and, thus, posed heightened legal risk. We believe the same considerations apply to classifications for areas designated nonattainment for the 2015 ozone NAAQS. As discussed in the November 2016 proposal, the EPA utilized the PATS approach for classifying areas under the 1997 and 2008 8-hour ozone NAAQS, in large part, for its straightforward translation of the classification thresholds established by Congress in CAA Table 1 (81 FR 81283). As noted by commenters, the EPA's original PATS classification approach for the 8-hour ozone NAAQS was challenged in litigation and upheld by the Court. See South Coast Air Quality Management District v. Environmental Protection Agency, 472 F.3d 882 (D.C. Cir. 2006) at 896-898. For these reasons, and despite concerns raised by commenters, the EPA is finalizing the PATS approach for classifications of the 2015 ozone NAAQS.

    11 Docket No. EPA-HQ-OAR-2010-0885 includes a Background Information Document, titled Additional Options Considered for Classification of Nonattainment Areas under the 2008 Ozone NAAQS (January 2012).

    Furthermore, the EPA disagrees that implementation of the 2008 ozone NAAQS was not in keeping with Congress' design simply because many Marginal areas did not attain by their initial attainment deadline. Commenters point out that more than half of all areas originally classified as Marginal did not timely attain, but in fact more than half of all Marginal areas did attain by their attainment date, when attainment date extensions are included in the analysis. Of the 36 areas originally classified as Marginal for the 2008 ozone NAAQS, 17 attained by their original attainment date, and 6 additional areas attained by the extended attainment dates authorized under CAA section 181(a)(5).12 The EPA also does not agree with commenters' suggestion that the EPA should adopt a different classification scheme in order to address what they perceive as inequities in the interstate transport of ozone pollution. The statute clearly provides other mechanisms for states and the EPA to address interstate transport, and the EPA has worked in partnership with states to use those mechanisms. See, e.g., EME Homer City v. EPA, 696 F.3d 7 (D.C. Cir. 2012), reversed by EPA v. EME Homer City, 134 S. Ct. 1584 (2014), remand addressed in EME Homer City v. EPA, 795 F.3d 118 (D.C. Cir. 2015) (largely upholding the EPA's framework for addressing CAA section 110(a)(2)(D) interstate transport obligations).

    12 Eight areas received 1-year extensions of the attainment date under CAA section 181(a)(5), which Congress provided for areas that were making good progress towards achieving the NAAQS and thus had air quality that was just missing the standard. Of those eight areas, two eventually failed to attain by their extended attainment date. The other six areas attained in the year following the original attainment date. Thus, a total of 13 original Marginal areas failed to attain by their applicable attainment date.

    The adopted PATS approach has withstood legal challenge and, in classifying areas as Marginal, maximizes initial planning flexibility for air agencies, which the EPA does not believe thwarts Congress' intent. To the extent that states are concerned about their inability to timely meet the Marginal attainment deadlines, the CAA provides authority for them to voluntarily request a higher classification for individual areas, if needed. The docket for this final action includes a more detailed response to comments suggesting that EPA adopt an alternative approach that would have the effect of classifying more areas as Moderate.

    Comment: Some commenters suggested that the EPA allow areas the option to implement the 2015 ozone NAAQS under CAA section 172 (Part D, subpart 1), which specifies the general nonattainment planning requirements for all NAAQS pollutants.13 Implementing the 2015 ozone NAAQS under CAA subpart 1 could eliminate mandatory classifications and provide a potentially more flexible attainment timeline with fewer prescribed control requirements.

    13 Prior to the 1990 CAA Amendments, all NAAQS nonattainment area requirements were specified in Part D, subpart 1. In the 1990 Amendments, Congress added pollutant-specific subparts containing additional nonattainment area requirements, including subpart 2 which applies to ozone nonattainment areas.

    Response: The EPA attempted to implement a subpart 1 approach for some ozone nonattainment areas as part of a “hybrid” implementation strategy in transitioning from the 1-hour ozone NAAQS (0.12 ppm) to the 1997 8-hour NAAQS (0.08 ppm), explaining that an area must be covered under CAA subpart 2 if the area's current (i.e., at the time of designation) 1-hour ozone DV was equal to or greater than 0.121 ppm, which was the lowest 1-hour DV in CAA Table 1 (69 FR 23954; April 30, 2004—the “Phase 1” Rule). In South Coast, the Court rejected the EPA's approach to placing areas solely under the nonattainment area implementation provisions of CAA subpart 1, including the EPA's use of the CAA Table 1 threshold for deciding which areas must be covered under implementation of the provisions of CAA subpart 2. 472 F.3d at 892-894. The Court concluded that such a determination must be based on the 8-hour “equivalent” to the 1-hour level specified in CAA Table 1, and ruled that the level that must be used is an 8-hour level of 0.09 ppm. Id. We concur with commenters to the November 2016 proposal that the South Coast Court left open the possibility that EPA could develop a reasonable basis to place under CAA subpart 1 all or certain areas with an 8-hour DV below 0.09 ppm. The EPA notes, however, that the South Coast Court also stated in that same decision that the CAA does not allow the requirements of CAA subpart 2 “to be stripped away” on the basis that other provisions would allow attainment to be achieved more efficiently. Id. at 894.14 We believe that the adopted PATS classification thresholds approach will continue to provide states a pathway for consistent and flexible attainment planning across successive ozone standards and, absent a more robust legal basis, we are not adopting a CAA subpart 1 option for implementing the 2015 ozone NAAQS.

    14Cf. NRDC v. EPA, 706 F.3d 428 (DC Cir. 2013) (rejecting EPA's implementation of PM2.5 under subpart 1, instead requiring that PM2.5 be implemented under the “specific, more stringent, and far less discretionary” provisions of subpart 4).

    Comment: The California Air Resources Board (CARB) affirmed our proposal to apply previous voluntary reclassifications for selected nonattainment areas, with the exception of the Sacramento Metro area. As part of their comment, CARB forwarded a request from the Sacramento Air Quality Management District declining the voluntary reclassification for the Sacramento Metro area, which the District anticipated would be classified Moderate for the 2015 ozone NAAQS (see comment no. 100 in the rulemaking docket).

    Response: Based on comments to the November 2016 proposal received from the state of California, the EPA also intends to apply previous voluntary reclassifications for five of the six California areas originally proposed. Table 1 presents the voluntary reclassification history for these areas across the 1997 and 2008 ozone NAAQS, and the anticipated initial classification and anticipated voluntary reclassification for each area under the 2015 ozone NAAQS. We intend to formally apply the previous voluntary reclassifications for these California areas in a separate action, along with the final nonattainment area designations for the 2015 ozone NAAQS.

    Table 1—Areas for Which the State of California Requested a Voluntary Reclassification Under the 1997 Ozone NAAQS and Application Under Subsequent Ozone Standards Nonattainment area Original 1997 ozone
  • NAAQS classification
  • (attainment date)
  • Voluntary
  • reclassification
  • for 1997 ozone NAAQS
  • (attainment date)
  • Voluntary
  • reclassification
  • for 2008 ozone NAAQS
  • (attainment date)
  • Hypothetical initial
  • classification
  • under 2015 ozone
  • NAAQS a
  • (attainment date)
  • Anticipated
  • voluntary
  • reclassification
  • under 2015 ozone
  • NAAQS a
  • (attainment date)
  • Los Angeles-South Coast Air Basin Severe—17 (2021) Extreme (2024) Extreme (2032) Severe—15 (2033) Extreme (2038). San Joaquin Valley Serious (2013) Extreme (2024) Extreme (2032) Serious (2027) Extreme (2038). Riverside County (Coachella Valley) Serious (2013) Severe—15 (2019) Severe—15 (2027) Moderate (2024) Severe—15 (2033). Ventura County Moderate (2010) Serious (2013) Serious (2021) Marginal (2021) Serious (2027). Western Mojave Moderate (2010) Severe—15 (2019) Severe—15 (2027) Moderate (2024) Severe—15 (2033). a Based on adopted PATS classification thresholds and final 2014-2016 design values.

    It is important to note that an air agency may request a voluntary reclassification for an area under CAA section 181(b)(3) at any time. In the November 2016 proposal, the EPA encouraged any air agency that wanted a specific higher classification to apply to an area at the time of initial designation to make such a request prior to or contemporaneous with the designation process. However, an air agency that determines it would like a voluntary reclassification after an area's initial designation may request, and the Administrator must approve, a higher classification for an area for any reason in accordance with CAA section 181(b)(3).

    C. Final Action

    The EPA is establishing nonattainment area classification thresholds for the 2015 ozone NAAQS using the PATS methodology applied previously to translate the CAA Table 1 thresholds for purposes of the 1997 and 2008 8-hour ozone NAAQS. We are also establishing maximum attainment dates for each nonattainment area classification, consistent with CAA Table 1 and the regulatory approach for both the 1997 and 2008 ozone NAAQS. Table 2 depicts the translation for each of the CAA Table 1 thresholds and corresponding maximum attainment dates for each area classification as they would apply for the 2015 ozone NAAQS.

    Table 2—CAA Table 1 Ozone Design Value Translation to 8-Hour Design Values for the 2015 Ozone NAAQS of 0.070 ppmUsing PATS Methodology and Corresponding Maximum Attainment Dates for Each Area Classification Area class 1-hour
  • ozone DV
  • (ppm)
  • Percent
  • above 1-hour
  • ozone NAAQS
  • 8-hour
  • ozone DV
  • (ppm)
  • Maximum
  • attainment
  • date
  • (years from
  • effective date
  • of designation)
  • Marginal From up to a 0.121
  • 0.138
  • 0.833
  • 15
  • 0.071
  • 0.081
  • 3
    Moderate From up to a 0.138
  • 0.160
  • 15
  • 33.333
  • 0.081
  • 0.093
  • 6
    Serious From up to a 0.160
  • 0.180
  • 33.333
  • 50
  • 0.093
  • 0.105
  • 9
    Severe—15 From up to a 0.180
  • 0.190
  • 50
  • 58.333
  • 0.105
  • 0.111
  • 15
    Severe—17 From up to a .0190
  • 0.280
  • 58.333
  • 133.333
  • 0.111
  • 0.163
  • 17
    Extreme Equal to or above 0.280 133.333 0.163 20 a But not including.

    The EPA intends to apply voluntary reclassifications for five California areas in a separate action with the final nonattainment area designations for the 2015 ozone NAAQS, in accordance with comments received from relevant air agencies in California. The EPA is also finalizing a number of regulatory definitions needed to support the implementation of this final classifications rule.

    IV. Environmental Justice Considerations

    The EPA believes the human health or environmental risk addressed by this action will not have disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations because it would not negatively affect the level of protection provided to human health or the environment under the 2015 ozone NAAQS. When promulgated, these regulations will establish classification thresholds for the 2015 ozone NAAQS. These requirements are designed to protect all segments of the general population and, as such, will not adversely affect the health or safety of minority, low-income or indigenous populations.

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

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

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

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

    C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under the PRA. The EPA is establishing nonattainment area classification thresholds for the 2015 ozone NAAQS so that areas may be classified at the time of designation as provided in section 181(a) of the CAA. No new information needs to be collected from the states as a result of this final classifications rule.

    D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. Entities potentially affected directly by this rule include state, local and tribal governments and none of these governments are small governments.

    E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action implements mandates specifically and explicitly set forth in the CAA without the exercise of any policy discretion by the EPA.

    F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in Executive Order 13175. It would not have a substantial direct effect on one or more Indian tribes, since no tribe has to develop a tribal implementation plan under these regulatory revisions. Furthermore, these regulation revisions do not affect the relationship or distribution of power and responsibilities between the federal government and Indian tribes. The CAA and the Tribal Air Rule establish the relationship of the federal government and tribes in developing plans to attain the NAAQS, and these revisions to the regulations do nothing to modify that relationship. Thus, Executive Order 13175 does not apply to this action. Consistent with the EPA's OAR Handbook for Interacting with Tribal Governments, the EPA invited tribal officials to consult on the November 2016 proposal; however, we received no subsequent requests for consultation.

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

    The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk.

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

    This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution or use of energy.

    J. National Technology Transfer and Advancement Act (NTTA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous populations as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The adopted regulations establish classification thresholds for the 2015 ozone NAAQS, which are designed to protect all segments of the general populations. The results of our evaluation are contained in Section IV of this preamble.

    L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    M. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final agency actions by the EPA under the CAA. This section provides, in part, that petitions for review must be filed in the U.S. Court of Appeals for the District of Columbia Circuit (i) when the agency action consists of “nationally applicable regulations promulgated, or final actions taken, by the Administrator” or (ii) when such action is locally or regionally applicable, if “such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.”

    This rule implementing the 2015 ozone NAAQS nonattainment area classifications is “nationally applicable” within the meaning of CAA section 307(b)(1). First, the rulemaking addresses the NAAQS that applies to all states and territories in the U.S. Second, the rulemaking addresses the classification of potential nonattainment areas in states across the U.S. that are located in each of the ten EPA regions, numerous federal circuits and multiple time zones. Third, the rulemaking addresses a common core of knowledge and analysis involved in formulating the decision and a common interpretation of the requirements of the CAA being applied to potential nonattainment areas in states across the country. Fourth, the rulemaking, by addressing issues relevant to potential nonattainment area classifications in one state, may have precedential impacts upon potential nonattainment area classifications in other states nationwide. Courts have found similar implementation rulemaking actions to be of nationwide scope and effect.15

    15See, e.g., State of Texas, et al. v. EPA, 2011 U.S. App. LEXIS 5654 (5th Cir. 2011) (finding SIP call to 13 states to be of nationwide scope and effect and thus transferring the case to the U.S. Court of Appeals for the D.C. Circuit in accordance with CAA section 307(b)(1)).

    Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit by May 8, 2018. Any such judicial review is limited to only those objections that are raised with reasonable specificity in timely comments. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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. Under section 307(b)(2) of the Act, the requirements of this final action may not be challenged later in civil or criminal proceedings brought by us to enforce these requirements.

    VI. Statutory Authority

    The statutory authority for this action is provided by sections 109; 110; 172; 181; and 301(a)(1) of the CAA, as amended (42 U.S.C. 7409; 42 U.S.C. 7410; 42 U.S.C. 7502; 42 U.S.C. 7511; 42 U.S.C. 7601(a)(1)).

    List of Subjects in 40 CFR Part 51

    Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Particulate matter, Transportation, Volatile organic compounds.

    Dated: March 1, 2018. E. Scott Pruitt, Administrator.

    For the reasons stated in the preamble, 40 CFR part 51 is amended as follows:

    PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS 1. The authority citation for part 51 continues to read as follows: Authority:

    23 U.S.C. 101; 42 U.S.C. 7401-7671q.

    2. Add subpart CC, consisting of §§ 51.1300 through 51.1303, to read as follows: Subpart CC—Provisions for Implementation of the 2015 Ozone National Ambient Air Quality Standards Sec. 51.1300 Definitions. 51.1301 Applicability of this part. 51.1302 Classification and nonattainment area planning provisions. 51.1303 Application of classification and attainment date provisions in CAA section 181 to areas subject to § 51.1302. Subpart CC—Provisions for Implementation of the 2015 Ozone National Ambient Air Quality Standards
    § 51.1300 Definitions.

    The following definitions apply for purposes of this subpart. Any term not defined herein shall have the meaning as defined in § 51.100.

    (a) 2015 NAAQS. The 2015 8-hour primary and secondary ozone NAAQS codified at 40 CFR 50.19.

    (b) 8-hour ozone design value. The 8-hour ozone concentration calculated according to 40 CFR part 50, appendix P, for the 2008 NAAQS, and 40 CFR part 50, appendix U, for the 2015 NAAQS.

    (c) CAA. The Clean Air Act as codified at 42 U.S.C. 7401-7671q (2010).

    (d) Designation for a NAAQS. The effective date of the designation for an area for that NAAQS.

    (e) Higher classification/lower classification. For purposes of determining whether a classification is higher or lower, classifications under subpart 2 of part D of title I of the CAA are ranked from lowest to highest as follows: Marginal; Moderate; Serious; Severe-15; Severe-17; and Extreme.

    § 51.1301 Applicability of this part.

    The provisions in subparts A through Y and AA of this part apply to areas for purposes of the 2015 ozone NAAQS to the extent they are not inconsistent with the provisions of this subpart.

    § 51.1302 Classification and nonattainment area planning provisions.

    An area designated nonattainment for the 2015 ozone NAAQS will be classified in accordance with CAA section 181, as interpreted in § 51.1303(a), and will be subject to the requirements of subpart 2 of part D of title I of the CAA that apply for that classification.

    § 51.1303 Application of classification and attainment date provisions in CAA section 181 to areas subject to § 51.1302.

    (a) In accordance with CAA section 181(a)(1), each area designated nonattainment for the 2015 ozone NAAQS shall be classified by operation of law at the time of designation. The classification shall be based on the 8-hour design value for the area at the time of designation, in accordance with Table 1 of this paragraph (a). A state may request a higher or lower classification as provided in paragraphs (b) and (c) of this section. For each area classified under this section, the attainment date for the 2015 NAAQS shall be as expeditious as practicable, but not later than the date provided in Table 1 as follows:

    Table 1 to Paragraph (a)—Classifications and Attainment Dates for 2015 8-Hour Ozone NAAQS (0.070 ppm) for Areas Subject to § 51.1302 Area class 8-hour ozone
  • design value
  • (ppm)
  • Primary standard
  • attainment date
  • (years after the effective date of designation for 2015 primary NAAQS)
  • Marginal from up to * 0.071
  • 0.081
  • 3
    Moderate from up to * 0.081
  • 0.093
  • 6
    Serious from up to * 0.093
  • 0.105
  • 9
    Severe-15 from up to * 0.105
  • 0.111
  • 15
    Severe-17 from up to * 0.111
  • 0.163
  • 17
    Extreme equal to or above 0.163 20 * But not including.

    (b) A state may request, and the Administrator must approve, a higher classification for an area for any reason in accordance with CAA section 181(b)(3).

    (c) A state may request, and the Administrator may in the Administrator's discretion approve, a higher or lower classification for an area in accordance with CAA section 181(a)(4).

    [FR Doc. 2018-04810 Filed 3-8-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R10-RCRA-2017-0285; FRL-9974-35-Region 10] Washington: Authorization of State Hazardous Waste Management Program Revisions AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final authorization.

    SUMMARY:

    Washington applied to the Environmental Protection Agency (EPA) for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act, as amended, (RCRA). The EPA reviewed Washington's application, and has determined that these changes satisfy all requirements needed to qualify for final authorization. The EPA sought public comment under Docket number EPA-R10-RCRA-2017-0285 from July 13, 2017 to August 14, 2017 and from September 25, 2017 to October 25, 2017, prior to taking this final action to authorize these changes. The EPA received one comment which was responded to but was not applicable to this authorization action.

    DATES:

    This final authorization is effective April 9, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Barbara McCullough, U.S. Environmental Protection Agency, Region 10, Office of Air and Waste (OAW-150), 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number: (206) 553-2416, email: [email protected]

    SUPPLEMENTARY INFORMATION: A. Why are revisions to State programs necessary?

    States that have received final authorization from the EPA pursuant to Section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, states must change their programs and ask the EPA to authorize the changes. Changes to state programs may be necessary when federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to the EPA's regulations in title 40 of the Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.

    Washington State's hazardous waste management program was initially approved on January 30, 1986 and became effective on January 31, 1986. As explained in Section E below, it has been revised and reauthorized numerous times since then. On January 26, 2017, the EPA received the State's most recent authorization revision application. This authorization revision application requested federal authorization for Washington's Rules and Standards for Hazardous Waste, effective as of December 31, 2014, and sought to revise its federally-authorized hazardous waste management program to include Federal hazardous waste regulations promulgated through July 1, 2013.

    B. What decisions has the EPA made in this authorization?

    The EPA has reviewed Washington's application to revise its authorized program and has determined that it meets all the statutory and regulatory requirements established by RCRA. Therefore, the EPA is granting Washington final authorization to operate its hazardous waste program with the changes described in the authorization revision application. Washington will continue to have responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian country (18 U.S.C. 1151)) with the exception of the non-trust lands within the exterior boundaries of the Puyallup Indian Reservation (also referred to as the “1873 Survey Area” or “Survey Area”) located in Tacoma, Washington (see Section J below for full description) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that the EPA promulgates under the authority of HSWA, and which are not less stringent than existing requirements, take effect in authorized states before the states are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Washington, including issuing permits, until the State is granted authorization to do so.

    C. What is the effect of this authorization decision?

    A person in Washington subject to RCRA must comply with the authorized State requirements in lieu of the corresponding Federal requirements. Additionally, such persons will have to comply with any applicable Federal requirements, such as HSWA regulations issued by the EPA for which the State has not received authorization and RCRA requirements that are not supplanted by authorized State-issued requirements. Washington continues to have enforcement responsibilities under its State hazardous waste management program for violations of this program, but the EPA retains its authority under RCRA Sections 3007, 3008, 3013, and 7003, which includes, among others, the authority to:

    • Conduct inspections;

    • Require monitoring, tests, analyses, or reports;

    • Suspend, terminate, modify, or revoke permits;

    • Abate conditions that may present an imminent and substantial endangerment to human health and the environment; and

    • Enforce RCRA requirements and take enforcement actions regardless of whether the State has taken its own actions.

    The action to approve these revisions will not impose additional requirements on the regulated community because the regulations for which Washington has requested federal authorization are already effective under State law and are not changed by the act of authorization.

    D. What were the comments received on this authorization action?

    The EPA received one comment during the public comment periods of this action. That commenter requested the regulations not be authorized as they add State administrative burden to a CERCLA site. However, the authorization of these regulations do not impact the State's authority to implement its rules. This authorization action allows the EPA to implement the State of Washington's rules which were adopted on December 31, 2014. This comment should have been addressed to the State prior to the adoption of their rule package. No such comment was received. The concern raised in this comment was referred to the State to be addressed. For a copy of the specific comment received, please see Docket number EPA-R10-RCRA-2017-0285 under “Comment1” at www.regulations.gov.

    E. What has Washington previously been authorized for?

    Washington initially received final authorization on January 30, 1986, effective January 31, 1986 (51 FR 3782), to implement the State's hazardous waste management program. The EPA granted authorization for changes to Washington's program on September 22, 1987, effective on November 23, 1987 (52 FR 35556); August 17, 1990, effective October 16, 1990 (55 FR 33695); November 4, 1994, effective November 4, 1994 (59 FR 55322); February 29, 1996, effective April 29, 1996 (61 FR 7736); September 22, 1998, effective October 22, 1998 (63 FR 50531); October 12, 1999, effective January 11, 2000 (64 FR 55142); April 11, 2002, effective April 11, 2002 (67 FR 17636); April 14, 2006, effective June 13, 2006 (71 FR 19442); October 30, 2006 effective December 29, 2006 (71 FR 63253) and June 18, 2010 effective July 28, 2010 (75 FR 44144).

    F. What changes is the EPA authorizing with this action?

    The EPA is authorizing revisions to Washington's authorized program described in Washington's official program revision application, submitted to the EPA on January 26, 2017 and deemed complete by the EPA on February 23, 2017. The EPA has determined that Washington's hazardous waste management program revisions as described in the January 23, 2017 State's authorization revision application satisfy the requirements necessary to qualify for final authorization. Regulatory revisions that are less stringent than the Federal program requirements and those regulatory revisions that are broader in scope than the Federal program requirements are not authorized. Washington's authorized hazardous waste management program, as amended by these provisions, remains equivalent to, consistent with, and is no less stringent than the Federal RCRA program. Therefore, the EPA is authorizing the State for the following program changes as identified in Table 1 and Table 2 below.

    The provisions listed in Table 1 and Table 2 are from the Washington Administrative Code (WAC) and are analogous to the RCRA regulations as indicated in the Tables. The RCRA regulations that the State incorporated by reference are those as published in 40 CFR parts 260 through 265, 268, 270, and 279, as of July 1, 2013, unless otherwise noted. Table 1 identifies new State rules that the EPA is authorizing as equivalent or more stringent than the Federal program. Table 2 identifies State-initiated changes to previously authorized State provisions. (Note: In Table 2 some State provisions have no direct Federal analog but are related to particular paragraphs, sections, or parts of the Federal hazardous waste regulations.) The referenced analogous State authorities were State adopted and effective as of December 31, 2014.

    Table 1—Equivalent and More Stringent Analogues to the Federal Program Checklist 1 Federal requirements Federal Register Analogous State authority
  • (WAC 173-303-* * *)
  • 12 2 Satellite Accumulation 49 FR 49568, 12/20/1984 200(2). 174 Post-Closure Permit Requirement and Closure Process 63 FR 56710, 10/22/1998 645(1)(e); 800(12); 610(3)(a)(ix); 620(1)(d)(i); 610(3)(b)(ii)(D);
  • 610(8)(d)(ii)(D); 045(1); 400(3)(a); IBR 045(1); 800(2);
  • 806(4)(a); 806(4)(o).
  • 206 Nonwastewaters from Dyes and Pigments 70 FR 9138, 2/24/2005 071(3)(kk), 071(3)(kk)(i), 071(3)(kk)(ii), 071(3)(kk)(iii), 071(3)(kk)(iv), 071(3)(kk)(v); 9904, 9904(1), 9904(2), 9904(3), 9904(4), 9904(4)(a), 9904(4)(b), 9904(4)(b)(i), 9904(4)(b)(ii), 9904(4)(b)(iii), 9904(4)(b)(iv), 9904(4)(b)(iv)(A), 9904(4)(b)(iv)(B), 9904(4)(b)(iv)(C), 9904(4)(c), 9904(4)(c)(i), 9904(4)(c)(ii), 9904(4)(c)(iii), 9904(4)(c)(iii)(A), 9904(4)(c)(iii)(B), 9904(4)(c)(iii)(C), 9904(4)(c)(iii)(D), 9904(4)(c)(iv), 9904(4)(c)(iv)(A), 9904(4)(c)(iv)(B), 9904(4)(c)(v), 9904(4)(c)(vi), 9904(4)(c)(vii), 9904(4)(c)(viii), 9904(4)(c)(ix), 9904(4)(c)(x), 9904(4)(c)(x)(A), 9904(4)(c)(x)(B), 9904(4)(c)(x)(C), 9904(4)(c)(x)(D), 9904(4)(c)(xi), 9904(4)(c)(xi)(A), 9904(4)(c)(xi)(B), 9904(4)(c)(xi)(C), 9904(4)(d), 9904(4)(e); 082(4); 045(1); 9905; 140(2)(a) IBR; 045(1). 220 2 Academic Laboratories Generator Standards 73 FR 72912, 12/1/2008 070(7)(c)(vi), 070(7)(c)(vii); 170(7), 170(7)(a), 170(7)(b); 235, 235(1), 235(1)(a), 235(1)(b), 235(1)(c), 235(1)(d), 235(1)(e), 235(1)(f), 235(1)(g), 235(1)(h), 235(1)(i), 235(1)(j) and (k), 235(1)(l), 235(1)(m), 235(1)(n), 235(2), 235(2)(a), 235(2)(b); 225(3), 225(3)(a), 225(3)(b); 235(4), 235(4)(a), 235(4)(b), 235(4)(b)(i), 235(4)(b)(ii), 235(4)(b)(iii), 235(4)(b)(iv), 235(4)(b)(v), 235(4)(b)(vi), 235(4)(b)(vii), 235(4)(b)(viii), 235(4)(b)(ix), 235(4)(b)(x), 235(4)(b)(xi), 235(4)(c), 235(4)(d), 235(4)(e), 235(5)(a), 235(5)(b), 235(5)(b)(i), 235(5)(b)(ii), 235(5)(b)(iii), 235(5)(b)(iv), 235(5)(b)(v), 235(5)(b)(vi), 235(5)(b)(vii), 235(5)(b)(viii), 235(5)(b)(ix), 235(5)(b)(x), 235(5)(b)(xi), 235(5)(c), 235(6), 235(6), 235(7), 235(7), 235(7)(a), 235(7)(a)(i), 235(7)(a)(i)(A), 235(7)(a)(i)(C), 235(7)(a)(i)(B), 235(7)(a)(i)(C)(I), 235(7)(a)(i)(C)(II), 235(7)(a)(ii), 235(7)(a)(ii), 235(7)(a)(ii)(A), 235(7)(a)(ii)(B), 235(7)(a)(ii)(C), 235(7)(b), 235(7)(b)(i), 235(7)(b)(ii), 235(7)(b)(iii), 235(7)(b)(iii)(A), 235(7)(b)(iii)(B), 235(7)(b)(iii)(C), 235(7)(b)(iii)(C)(I), 235(7)(b)(iii)(C)(II), 235(8), 235(8), 235(8)(a), 235(8)(b), 235(8)(b)(i), 235(8)(b)(ii), 235(8)(b)(iii), 235(8)(b)(iv), 235(8)(b)(v), 235(8)(c), 235(8)(c)(i), 235(8)(c)(ii), 235(8)(c)(iii), 235(8)(c)(iv), 235(8)(d), 235(8)(d)(i), 235(8)(d)(ii), 235(9), 235(9)(a), 235(9)(a)(i), 235(9)(a)(ii), 235(9)(b), 235(9)(c), 235(9)(d), 235(9)(d)(i), 235(9)(d)(i)(A), 235(9)(d)(i)(B), 235(9)(d)(ii), 235(9)(d)(ii)(A), 235(9)(d)(ii)(B), 235(10), 235(10)(a), 235(10)(a)(i), 235(10)(a)(ii), 235(10)(a)(iii), 235(10)(b), 235(11), 235(11), 235(11)(a), 235(11)(b), 235(11)(b)(i), 235(11)(b)(ii), 235(11)(b)(iii), 235(11)(c), 235(11)(d), 235(11)(d)(i), 235(11)(d)(ii), 235(11)(e), 235(12), 235(12), 235(12)(a), 235(12)(b), 235(12)(c) except for “WAC 173-303-200(1)(b)(i)” citation, 235(12)(d), 235(12)(e), 235(12)(e)(i), 235(12)(e)(ii), 235(12)(e)(iii), 235(12)(e)(iv), 235(13), 235(13), 235(13)(a), 235(13)(b), 235(13)(c), 235(13)(d), 235(13)(e), 235(13)(e)(i), 235(13)(e)(ii), 235(13)(e)(iii), 235(13)(e)(iv), 235(14), 235(14)(a), 235(14)(a)(i), 235(14)(a)(ii), 235(14)(a)(iii) except for the phrase “, more than 2.2 pounds of WT01 EHW”, 235(14)(a)(iv), 235(14)(b), 235(14)(b)(i), 235(14)(b)(ii), 235(15), 235(15)(a), 235(15)(a)(i), 235(15)(a)(i)(A), 235(15)(a)(i)(B), 235(15)(a)(ii), 235(15)(b), 235(15)(b)(i), 235(15)(b)(ii), 235(15)(b)(iii), 235(15)(b)(iv), 235(15)(b)(iv)(A), 235(15)(b)(iv)(B), 235(15)(b)(iv)(B)(I), 235(15)(b)(iv)(B)(II), 235(15)(b)(v), 235(15)(b)(vi), 235(15)(b)(vi)(A), 235(15)(b)(vi)(B), 235(15)(b)(vii), 235(15)(b)(vii)(A), 235(15)(b)(vii)(B), 235(15)(b)(vii)(C), 235(15)(b)(vii)(D), 235(15)(c), 235(15)(d), 235(16), 235(16)(a), 235(16)(b), 235(17), 235(17)(a), 235(17)(b). 222 OECD Requirements; Export Shipments of Spent Lead-Acid Batteries 75 FR 1236, 1/8/2010 170(6); 230(1) IBR; 045(1); 240(11); 290(1)(b); 370(3), 370(7); 290(1)(b); 370(3), 370(7); 520(1)(a) and (b). 223 2 Hazardous Waste Technical Corrections and Clarifications 75 FR 12989, 1/18/2010 040 “New TSD facility” definition; 040 “Processed scrap metal” definition; 016 Table 1; 070(8)(a)(iii); 120(3), 120(3)(d); 090(7)(a)(viii); 9904; 9903; 082(4) IBR; 045(1); 180(3)(f), 180(3)(f)(i), 180(3)(f)(i)(A), 180(3)(f)(i)(B), 180(3)(f)(ii), 180(3)(f)(iii), 180(3)(f)(iv); 200(1)(b)(iv)(B), 200(1)(f), 200(1)(g) , 200(2)(a), 200(2)(b); 220(2)(e), 220(2)(e)(i), 220(2)(e)(ii)
  • 220(2)(e)(ii) Note; 230(2); 350(2); 370(5)(e)(vi), 370(5)(f)(i), 370(5)(f)(vii), 370(5)(f)(viii); 350(2); 360(2)(d)(ii); 370(5)(e)(vi), 370(5)(f)(i), 370(5)(f)(vii), 370(5)(f)(viii); 400(3)(a) IBR and 045(1); 505(1)(b)(i); 140(2)(a) IBR; 045(1); 810(8)(b).
  • 226 2 Academic Laboratories Generator Standards Technical Corrections 75 FR 79304, 12/20/2010 235(1), 235(1)(b), 235(7)(b)(iii)(A), 235(13)(e)(i), 235(15)(a)(i), 235(15)(b)(i). 227 Revision of the Land Disposal Treatment Standards for Carbamate Wastes 76 FR 34147, 6/13/2011 140(2)(a) IBR; 045(1). 228 2 Hazardous Waste Technical Corrections and Clarifications Rule 77 FR 22229, 4/13/2012 9904; 505(1)(b)(i). 1 The Checklist is a document that addresses the specific changes made to the Federal regulations by one or more related final rules published in the Federal Register. The EPA develops these checklists as tools to assist states in developing their authorization application and in documenting specific state regulations analogous to the Federal regulations. For more information, see the EPA's RCRA State Authorization website at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra#about. 2 State rule contains more stringent provisions. For identification of the more stringent State provisions refer to the authorization revision application's Attorney General Statement and Checklists found in the docket for this final authorization. Some of the more stringent state provisions are discussed in Section G of this authorization.
    Table 2—State Initiated Changes State Citation WAC 173-303-. . . Reason for change Analogous Federal 40 CFR citation 040 ``Enforceable document” definition internal citations corrected: WAC 173-303-610(1)(e); WAC 173-303-620(1)(d) 270.1(c)(7). 040 “Facility” definition internal citation corrected: RCW 70.105D.020(8) 260.10. 040 “Performance track member facility” obsolete definition deleted 260.10. 040 “Release” definition internal citation corrected: RCW 70.105D.020(32) 280.12 related. 045(1) Date of incorporation by reference updated No direct analog. 070(1)(b) Language revised for equivalence with Federal rule 262.11. 072(1)(b) Internal citation corrected: “described in subsections (3) and (4) of this section.” 260.20. 110(3)(a) SW-846 reference information updated 260.11(c). 110(3)(c), 110(7) Updated Chemical Test Methods guidance and publication date Related to 260.11 and 40 CFR appendix IX. 110(3)(g)(ix), 110(3)(h)(i), 110(3)(h)(vii) References to industry standards and codes updated 260.11(d) and (e). 170(3) Clarification that final facility standards are found in WAC 173-303-600 264.1(g)(3) related. 180(3)(c) Redundant manifest instructions deleted (Previous(d), (e) and (f) are renumbered to (c), (d) and (e)) 262.23 related. 200(1)(b)(iv) Requirement for independent qualified registered professional engineer (IQRPE) 262.34(a)(1)(iv)—more stringent State requirement. 200(1)(b)(iv)(B) Second sentence of this citation was relocated to new 200(1)(g) to clarify applicability to all generators 262.34(a)(1)(iv)(B). 200(2)(b), 200(3)(c) “Per waste stream” deleted for equivalence with Federal rule 262.34(c). 200(4)(a)(iv)(A)(III) Reminder added that facilities use an IQRPE to certify containment building design 262.34(g)(4)(i)(C)—more stringent State requirement. 200(5) Requirements for National Environmental Performance Track Program deleted (Previous (6) is renumbered to (5)) 262.34(j), (k) and (l). 240(6) Editing correction 263.12 related—more stringent State requirement. 330(1)(d) Editing correction; The second sentence of previous (c)(ii) is changed to (d), and (d) renumbered to (e) 264.16(b). 370(1) “Owners and operators” clarified to mean the phrase applies only to permitted facilities and dangerous waste recyclers 264.70(a). 380(1)(r) New sub-section: Certificates of major tank system repair added for equivalence with Federal rule 264.73(b)(19). 400(3)(c)(ii)(G) Enforceable documents in lieu of a post closure permit adopted 265.110(c), 265.118(c)(4) and 265.121. 400(3)(c)(xxii)(B) Reference to Performance Track member facilities deleted 265.1101(c)(4). 400(3)(c)(xxii)(B) Rule is modified to add IQRPE requirement 265.1101(c)(3)(iii)—more stringent State requirement. 573(9)(b)(ii)(A) Corrected for equivalence with Federal rule 273.13(c)(2)(i). 573(19)(b)(iv) and (v) References to thermostat universal waste are removed, including in the example calculation 273.32(b)(4) and (5)—more stringent State requirement. 600(1) Edit to clarify which rules are the final facility standards 264.1(a). 600(2) Clarification on what types of facilities can accept dangerous waste from off-site sources 264.1(b). 610(4)(c) Internal citations corrected for equivalence with Federal rule 264.113(c). 610(3)(a)(ix), 610(3)(b)(ii)(D), 610(8)(d)(ii)(D) Internal citation corrected 264.112(b)(8), 264.112(c)(2)(iv), and 264.118(d)(2)(iv). 610(12)(f) Editing correction No direct analog. 620(1)(d)(i) Internal citation corrected 264.140(d)(1). 620(3)(a)(ii), 620(6)(a), 620(9)(a) Revise wording to be gender neutral 264.142(a)(2), 264.145, and 264.148(a). 620(3)(a)(ii), 620(5)(a) Clarify that financial assurance cost estimates are performed by a third party 264.142(a)(2) and 264.144(a)(1). 620(3)(a)(v), 620(4)(g), 620(6)(c) Clarify that net present value adjustments are not allowed 262.142(a), 264.142(a), and 264.144(a). 620(4)(a)(vi), 620(4)(d)(iv), 620(6)(a)(vi) Clarify that financial test and the corporate guarantee are two separate but related options 264.143(f), 264.143(f), and 264.145(f). 620(4)(d)(iv), 620(6)(a)(vi), 620(8)(a)(iv) Minimum tangible net worth raised to $25 million 264.143(f)—more stringent State requirement. 264.145(f)—more stringent State requirement. 264.147(f)—more stringent State requirement. 620(4)(d)(v), 620(6)(a)(vii) “Agreed upon Procedures” report can be used in place of a “Negative Assurance” report 264.143(f)(3)(iii) and 264.143(f)(3)(iii). 620(8)(a)(i) Minimum financial assurance liability amounts increased. (Previous (i), (ii) and (iii) are renumbered to (ii), (iii) and (iv)) 264.147(a) and 264.147(b)—more stringent State requirements. 630(7)(d) Clarify that rule applies to TSD owners and operators, not generators 264.175(d)—more stringent State requirement. 640(2)(c)(v)(B) Note 640(4)(i)(iii) Note 640(9)(b) References to industry standards and codes updated 264.191(b)(5)(ii) Note and 264.193(i)(3) Note. 645(1)(e) Rule for enforceable documents in lieu of a post closure permit (previous (e) became (f)) 264.90(e). 645(8)(c) Clarify rule applicability 264.97(c)—more stringent State requirement. 64620(5) New rules for corrective action financial assurance 264.101 related—more stringent State requirement. 64690 Facilities must use an IQRPE for staging pile design 264.554 IBR, 045(1)—more stringent State requirement. 650(4)(c) Facilities must use an IQRPE to certify dike integrity 254.226(c)—more stringent State requirement. 650(5)(d)(ii)(B) Facilities must use an IQRPE for impoundment design 254.227(d)(2)(ii)—more stringent State requirement. 650(6)(b)(ii) Internal citation corrected 264.228(b)(2). 665(2)(a)(i) Facilities must use an IQRPE to certify report on basis for landfill liner selection 264.301(a)(1)—more stringent State requirement. 800(2), 800(12), 806(4)(a), 806(4)(o) Rules for enforceable documents in lieu of a post closure permit 270.1(c) intro, 270.1(c)(7), 270.14(a), and 270.28. 806(4)(d)(v) Facilities must use an IQRPE for certifying dike integrity 270.17(d)—more stringent State requirement. 806(4)(e)(iii)(A)(I) Reference to IQRPE requirement to certify waste pile liner selection 270.18(c)(1)(i)—more stringent State requirement. 806(4)(h)(ii)(A)(I) Reference to IQRPE requirement to certify landfill liner selection 270.21(b)(1)(i)—more stringent State requirement. 806(4)(j)(iv)(C), 806(4)(k)(v)(C) The word “design” is deleted after “basic control device” for equivalence with Federal rule 270.24(d)(3) and 270.25(e)(3). 806(4)(n) New facilities added to list of those able to burn hazardous waste 270.22 intro. 811 New Boiler and Industrial Furnace (BIF) facility types added to list 270.66 IBR 045(1). 830 Appendix I Permit modifications table New entry for “Burden Reduction” added 270.42 Appendix I—more stringent State requirement. 830 Appendix I(F)(1)(c), (F)(4)(a), (G)(1)(e), (G)(5)(c), (H)(5)(C) Note added acknowledging non-existent RCRA section 270.42 Appendix I. 841 New Boiler and Industrial Furnace (BIF) facility types added to list 270.235(a)(1) intro IBR 045(1). 9903 Numerical P list 261.33. • P108 CAS number corrected (2 entries) • P114 Tetraethydithiopyrophosphate is replaced with Thallium(I) selinite • P115 Thiodiphosphoric acid, tetraethyl ester is replaced with Sulfuric acid, dithallium(1+) salt • P115 Plumbane, tetraethyl is replaced with Thallium(I) sulfate • P116 Tetraethyl lead is replaced with Hydrazinecarbothioamide • Correct errors with waste codes, CAS numbers and chemical names • P128 Mexacarbate CAS number corrected Alphabetical U list • U202 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts deleted.* • U202 Saccharin, & salts deleted.* • U227 waste code for 1,1,1-Trichloroethane is replaced with U226 Numerical U list • U202 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts deleted.* • U202 Saccharin, & salts deleted.* * These entries were deleted as part of State adoption of the December 17, 2010 (75 FR 78918) EPA rule removing saccharin from the discarded chemicals list. Although these changes are not State-initiated, they are listed here because an EPA checklist was not available 9904(1) K181 K181 listing code codified 261.32(a) K181. 9904 K181 entry, 9904(1) K181(iv), 9904(4)(b), 9904(4)(c), 9904(4)(c)(i) and (ii) Four internal citations corrected 261.32(a) K181, 261.32(d)(2), 261.32(d)(3), and 261.32(d)(3)(i) and (ii). 9904 K069 Administrative stay note added 261.32 K069. G. Where are the revised State rules different from the Federal rules?

    Under RCRA Section 3009, the EPA may not authorize State rules that are less stringent than the Federal program. Any state rules that are less stringent do not supplant the Federal regulations. State rules that are broader in scope than the Federal program requirements are allowed but are not authorized. State rules that are equivalent to and state rules that are more stringent than the Federal program may be authorized, in which case they are enforceable by the EPA.

    This Section does not discuss all the program differences, because in most instances Washington writes its own version of the Federal hazardous waste rules. Persons must consult Tables 1 and 2 in Section F for the specific State regulations that the EPA is authorizing. This Section discusses rules of particular interest where the EPA has found the State program is more stringent and will be authorized. Table 2 above indicates all the rules that the EPA determined to be more stringent than the Federal rules. The Section below also discusses an example of a rule where the State program is broader in scope and cannot be authorized. Certain portions of the Federal program are not delegable to the states because of the Federal government's special role in foreign policy matters and because of national concerns that arise with certain decisions. The EPA does not delegate import and export functions. Under RCRA regulations found in 40 CFR part 262, the EPA will continue to implement requirements for import and export functions. However, the State rules (WAC 173-303-230) reference the EPA's import and export requirements, and the State has amended these references to include those changes promulgated in the Federal Rule on Corrections to Errors in the Code of Federal Regulations (71 FR 40254, July, 7, 2006). Additional information regarding the EPA's analysis concerning the State's rules that are more stringent and/or broader in scope than the Federal rules can be found in the docket.

    1. More Stringent

    States are allowed to seek authorization for state requirements that are more stringent than Federal requirements. The EPA has authority to authorize and enforce those parts of a state's program the EPA finds to be more stringent than the Federal program. This Section does not discuss each more stringent finding made by the EPA, but persons can locate such findings by consulting Table 1 in Section F and by reviewing the docket for these rules. This action authorizes the State program for each more stringent requirement.

    a. Satellite Accumulation—On December 20, 1984 (49 FR 49568), the Federal Satellite Accumulation rule was promulgated. The State adopted a satellite accumulation rule in 1986 and adopted a revised rule on December 8, 1993. On December 18, 2014, the State adopted another revision to WAC 173-303-200(2) with all instances of “per waste stream” removed for consistency with the Federal rule at 40 CFR 262.34(c). The State rule has an additional provision for satellite accumulation requirements whereby the State can require additional management requirements on a case-by-case basis, which renders the State rule more stringent than the Federal rule. Additional details regarding the State's adoption of the revised satellite accumulation rule are available in the docket.

    b. Academic Laboratory Generator Standards—The State's Academic Laboratories Generator Standards contain more stringent requirements than the corresponding Federal rules (73 FR 72912, December 1, 2008).

    i. WAC 173-303-235(4)(a), (4)(b)(ii), (5)(a), and (5)(b)(ii), are more stringent because the State requires small quantity generators to obtain EPA/state identification numbers, whereas the Federal rules at 40 CFR 262.203(a) and (b)(2) and 40 CFR 262.204(a) and (b)(2) exempt the comparable Conditionally Exempt Small Quantity Generators (CESQGs).

    ii. WAC 173-303-235(4)(b) and (5)(b) are more stringent than 40 CFR 262.203(b) and 262.204(b) introductory paragraphs due to the State requirement for small quantity generators to complete the entire Washington State Dangerous Waste Site Identification form, whereas the Federal rules exempt CESQGs from filling in a site identification number.

    iii. WAC 173-303-235(7)(a)(i), 235(9)(d)(i)(A) and 235(9)(d)(ii)(A) require accumulation start dates and full container dates to be attached to the containers rather than, at a minimum, be associated with them as required by 40 CFR 262.206(a)(1) and 262.208(d)(1)(i).

    iv. WAC 173-303-235(14)(a)(iv) requires eligible academic entities to maintain records for five years after laboratory cleanouts rather than three years as required in 40 CFR 262.213(a)(4).

    On December 12, 2010 (75 FR 79304), the Federal Academic Laboratories Generator Standards Technical Corrections rules were promulgated. The State's rules at WAC 173-303-235(15)(a)(i) and (b)(i) are more stringent than the Federal rules because they require the accumulation date to appear on the container label, whereas the Federal rules at 40 CFR 262.214(a)(1) and (b)(1) allow the information to be associated with, but not necessarily placed on, the container. Additional details regarding the more stringent State provisions associated with the State's adoption of the Federal Academic Laboratories Generator Standards are available in the docket.

    c. Characteristic of Reactivity—On January 31, 1986 (51 FR 3782), the State received authorization for its dangerous waste identification rules including WAC 173-303-090(7) Characteristic of reactivity. On January 18, 2010 (75 FR 12989), the Federal rule at 40 CFR 261.23(a)(8) was revised to update the forbidden explosives regulation under 40 CFR 261.23 Characteristic of reactivity. The State revised the corresponding WAC 173-303-090(7)(a)(viii), but included Division 1.5 explosives (refer to the US Department of Transportation Hazardous Materials Class 1 explosives chart) not included in the Federal rule. As a result, the State's rule is more stringent than the Federal rule. Additional details regarding the more stringent State provisions associated with forbidden explosives under the characteristic of reactivity rule are available in the docket.

    d. Exception Reporting—On January 18, 2010 (75 FR 12989), the Federal Hazardous Waste Technical Corrections and Clarifications rules were promulgated. Under 40 CFR 262.42(c)(2), the 35/45/60 day timeframes for exception reporting begin the date the waste was accepted by the initial transporter forwarding the hazardous waste from the designated facility to the alternate facility. The State rule at WAC 173-303-220(2)(e)(ii) is more stringent because it does not have a 60-day window for Medium Quantity Generators (equivalent to Federal Small Quantity Generators) to submit exception reports to the Washington State Department of Ecology. Additional details regarding the more stringent State provisions associated with Exception reports are available in the docket.

    e. Independent Qualified Registered Professional Engineers—On December 18, 2014, the State adopted rule changes to require Independent Qualified Registered Professional Engineers (IQRPEs) to certify certain activities. The revised State rules at WAC 173-303-200(1)(b)(iv), 200(4)(a)(iv)(A)(III), 400(3)(c)(xxii)(B), 64690, 650(4)(c), 650(5)(d)(ii)(B), 665(2)(a)(i), 806(4)(d)(v), 806(4)(e)(iii)(A)(I), and 806(4)(h)(ii)(A)(I) are more stringent than corresponding Federal rules at 40 CFR 262.34(a)(1)(iv) and (g)(4)(i)(C), 265.1101(c)(3)(iii), 264.554 (IBR, 045(1)), 264.226(c), 264.227(d)(2)(ii), 264.301(a)(1), 270.17(d), 270.18(c)(1)(i), and 270.21(b)(1)(i). Additional details regarding the more stringent State provisions associated with IQRPE requirements are available in the docket.

    2. Broader in Scope

    The State has added a time limit for special wastes that are stored at transfer stations under WAC 173-303-073(2)(e)(v). The Federal rules do not regulate these special wastes which are State-only wastes and defined at WAC 173-303-040; therefore, the regulation of these wastes is broader in scope than the Federal rules. As noted above, broader in scope rules are not authorized by the EPA.

    H. Who issues permits once the authorization takes effect?

    Washington will continue to issue permits for all the provisions for which it is authorized and will administer the permits it issues. Permits issued by the EPA prior to authorizing Washington for these revisions will continue in force until the effective date of the State's issuance or denial of a State hazardous waste management permit, at which time, the EPA will modify the existing EPA permit to expire at an earlier date, terminate the existing EPA permit, or allow the existing EPA permit to otherwise expire by its terms, except for those facilities located in Indian Country. The EPA will not issue new permits or new portions of permits for provisions for which Washington is authorized after the effective date of this authorization. The EPA will continue to implement and issue permits for HSWA requirements for which Washington is not yet authorized.

    I. What is codification and is the EPA codifying Washington's hazardous waste program as authorized in this authorization?

    Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste program into the Code of Federal Regulations. This is done by referencing the authorized State rules in 40 CFR part 272. The EPA is reserving the amendment of 40 CFR part 272, subpart WW, for this authorization of Washington's program revisions until a later date.

    J. How does this action affect Indian Country (18 U.S.C. 1151) in Washington?

    The EPA's decision to authorize the Washington hazardous waste management program does not include any land that is, or becomes after the date of this authorization, “Indian Country,” as defined in 18 U.S.C. 1151, with the exception of the non-trust lands within the exterior boundaries of the Puyallup Indian Reservation (also referred to as the “1873 Survey Area” or “Survey Area”) located in Tacoma, Washington. The EPA retains jurisdiction over “Indian Country”. Effective October 22, 1998 (63 FR 50531, September 22, 1998) the State of Washington was authorized to implement the State's federally-authorized hazardous waste management program on the non-trust lands within the 1873 Survey Area of the Puyallup Indian Reservation. The authorization did not extend to trust lands within the reservation. The EPA retains its authority to implement RCRA on trust lands and over Indians and Indian activities within the 1873 Survey Area.

    K. Statutory and Executive Order Reviews

    This final authorization revises the State of Washington's authorized hazardous waste management program pursuant to Section 3006 of RCRA and imposes no requirements other than those currently imposed by State law. This authorization complies with applicable executive orders and statutory provisions as follows:

    1. Executive Order 12866

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), Federal agencies must determine whether the regulatory action is “significant”, and therefore subject to OMB review and the requirements of the E.O. The E.O. defines “significant regulatory action” as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more, or adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the E.O. The EPA has determined that this final authorization is not a “significant regulatory action” under the terms of E.O. 12866 and is therefore not subject to OMB review.

    2. Paperwork Reduction Act

    This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because this final authorization does not establish or modify any information or recordkeeping requirements for the regulated community and only seeks to authorize the pre-existing requirements under State law and imposes no additional requirements beyond those imposed by State law.

    Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing, and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the 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 OMB control numbers for the EPA's regulations in title 40 of the CFR are listed in 40 CFR part 9.

    3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), generally requires Federal agencies to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this authorization on small entities, small entity is defined as: (1) A small business defined by the Small Business Administration's size regulations at 13 CFR part 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. I certify that this final authorization will not have a significant economic impact on a substantial number of small entities because the final authorization will only have the effect of authorizing pre-existing requirements under State law and imposes no additional requirements beyond those imposed by State law.

    4. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 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 EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, Section 205 of the UMRA generally requires the EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of Section 205 do not apply when they are inconsistent with applicable law. Moreover, Section 205 allows the EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the rule an explanation why the alternative was not adopted. Before the EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under Section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of the EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This final authorization contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for state, local, or tribal governments or the private sector. It imposes no new enforceable duty on any state, local or tribal governments or the private sector. Similarly, the EPA has also determined that this final authorization contains no regulatory requirements that might significantly or uniquely affect small government entities. Thus, this final authorization is not subject to the requirements of Sections 202 and 203 of the UMRA.

    5. Executive Order 13132: Federalism

    This final authorization does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among various levels of government, as specified in E.O. 13132 (64 FR 43255, August 10, 1999). This document authorizes pre-existing State rules. Thus, E.O. 13132 does not apply to this final authorization. In the spirit of E.O. 13132, and consistent with the EPA policy to promote communications between the EPA and state and local governments, the EPA specifically solicited comment on this authorization from State and local officials.

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

    Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (59 FR 22951, November 9, 2000), requires the EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This final authorization does not have tribal implications, as specified in E.O. 13175 because the EPA retains its authority over Indian Country. Thus, E.O. 13175 does not apply to this final authorization. The EPA specifically solicited comment on this authorization from tribal officials.

    7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under Section 5-501 of the E.O. has the potential to influence the regulation. This action is not subject to E.O. 13045 because it approves a state program.

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

    This final authorization is not subject to Executive Order 13211, “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not a “significant regulatory action” as defined under E.O. 12866, as discussed in detail above.

    9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), (Pub. L. 104-113, 12(d)) (15 U.S.C. 272), directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus bodies. The NTTAA directs the EPA to provide Congress, through OMB, explanations when the Federal agency decides not to use available and applicable voluntary consensus standards. This authorization does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this final authorization will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations. This final authorization does not affect the level of protection provided to human health or the environment because this document authorizes pre-existing State rules which are equivalent to and no less stringent than existing Federal requirements.

    11. The Congressional Review Act, 5 U.S.C. 801-808

    The Congressional Review Act, 5 U.S.C. 801-808, 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 document 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 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).

    List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indians—lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.

    Authority:

    This final action is issued under the authority of Sections 1006, 2002(a), and 3006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6905, 6912(a), and 6926.

    Dated: February 20, 2018. Chris Hladick, Regional Administrator, Region 10.
    [FR Doc. 2018-04702 Filed 3-8-18; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 180206132-8132-01] RIN 0648-BH53 Pacific Halibut Fisheries; Catch Sharing Plan AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration (NOAA), on behalf of the International Pacific Halibut Commission (IPHC), publishes as regulations the 2018 annual management measures governing the Pacific halibut fishery that have been recommended by the IPHC and accepted by the Secretary of State. This action is intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC or Council).

    DATES:

    The IPHC's 2018 annual management measures are valid March 8, 2018. The 2018 management measures are valid until superseded.

    ADDRESSES:

    Additional requests for information regarding this action may be obtained by contacting the International Pacific Halibut Commission, 2320 W. Commodore Way, Suite 300, Seattle, WA 98199-1287; or Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian, Records Officer; or Sustainable Fisheries Division, NMFS West Coast Region, 7600 Sand Point Way NE, Seattle, WA 98115. This final rule also is accessible via the internet at the Federal eRulemaking portal at http://www.regulations.gov, identified by docket number NOAA-NMFS-2017-0157.

    FOR FURTHER INFORMATION CONTACT:

    For waters off Alaska, Kurt Iverson, 907-586-7210; or, for waters off the U.S. West Coast, Kathryn Blair, 206-526-6140.

    SUPPLEMENTARY INFORMATION:

    Background

    The IPHC has recommended regulations that would govern the Pacific halibut fishery in 2018, pursuant to the Convention between Canada and the United States of America (U.S.) for the Preservation of the Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol Amending the Convention (signed at Washington, DC, on March 29, 1979).

    As provided by the Northern Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 773b, the Secretary of State, with the concurrence of the Secretary of Commerce, may accept or reject, on behalf of the United States, regulations recommended by the IPHC in accordance with the Convention (Halibut Act, Sections 773-773k). The Secretary of State, with the concurrence of the Secretary of Commerce, accepted the 2018 IPHC regulations as provided by the Halibut Act at 16 U.S.C. 773-773k.

    The Halibut Act provides the Secretary of Commerce with the authority and general responsibility to carry out the requirements of the Convention and the Halibut Act. The Regional Fishery Management Councils may develop, and the Secretary of Commerce may implement, regulations governing harvesting privileges among U.S. fishermen in U.S. waters that are in addition to, and not in conflict with, approved IPHC regulations. The NPFMC has exercised this authority most notably in developing halibut management programs for three fisheries that harvest halibut in Alaska: the subsistence, sport, and commercial fisheries. The PFMC has exercised this authority by developing a catch sharing plan governing the allocation of halibut and management of sport fisheries on the U.S. West Coast.

    Independent of the NPFMC and the PFMC, the Secretary of Commerce has the authority under Article I of the Convention and section 773c of the Halibut Act to carry out the purposes and objectives of the Convention including the governing harvesting privileges among U.S. fishermen through regulations that are more restrictive than those adopted by the IPHC.

    Subsistence and sport halibut fishery regulations for Alaska are codified at 50 CFR part 300. Commercial halibut fisheries in Alaska are subject to the Individual Fishing Quota (IFQ) Program and Western Alaska Community Development Quota (CDQ) Program (50 CFR part 679) regulations, and the area-specific catch sharing plans (CSPs).

    The IPHC apportions catch limits for the Pacific halibut fishery among IPHC Regulatory Areas (Areas) (Figure 1): Area 2A (California, Oregon, and Washington), Area 2B (British Columbia, Canada), Area 2C (Southeast Alaska), Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and Area 4 (subdivided into 5 areas, 4A through 4E, in the Bering Sea and Aleutian Islands of Western Alaska).

    The NPFMC implemented a CSP among commercial IFQ and CDQ halibut fisheries in Areas 4C, 4D, and 4E (Area 4, Western Alaska) through rulemaking, and the Secretary of Commerce approved the plan on March 20, 1996 (61 FR 11337). The Area 4 CSP regulations were codified at 50 CFR 300.65, and were amended on March 17, 1998 (63 FR 13000). New annual regulations pertaining to the Area 4 CSP also may be implemented through IPHC action, subject to acceptance by the Secretary of State.

    The NPFMC recommended and NMFS implemented through rulemaking a CSP for guided sport (charter) and commercial IFQ halibut fisheries in Areas 2C and Area 3A on January 13, 2014 (78 FR 75844, December 12, 2013). The Area 2C and 3A CSP regulations are codified at 50 CFR 300.65. The CSP defines an annual process for allocating halibut between the commercial and charter fisheries so that each sector's allocation varies in proportion to halibut abundance, specifies a public process for setting annual management measures, and authorizes limited annual leases of commercial IFQ for use in the charter fishery as guided angler fish (GAF).

    The IPHC held its annual meeting in Portland, Oregon, January 22 through 26, 2018. At this meeting, the IPHC recommended a number of changes to the 2017 IPHC regulations (82 FR 12730, March 7, 2017). The Secretary of State accepted these annual management measures, including the following changes to the previous IPHC regulations for 2018:

    1. New commercial halibut fishery opening and closing dates in Section 9;

    2. Revisions to existing regulations in Section 18 to clarify the requirement for commercial halibut to be landed and weighed with the head attached;

    3. Modifications to Section 8 and Section 12 that align IPHC regulations to recent NPFMC actions that would allow CDQ groups to lease (receive by transfer) halibut quota share (QS) in Areas 4B, 4C, and 4D;

    4. A minor revision to Section 29(1)(f) to clarify that halibut harvested on a charter vessel fishing trip in Area 2C or Area 3A must be retained on board the vessel on which the halibut was caught until the end of the fishing trip;

    5. Addition of language to existing regulations in Section 29 that clarifies the skin-on requirement of halibut that are retained and cut into sections on board a sport fishing vessel;

    6. Changes to Sections 20(1) and 20(2) to allow halibut to be taken with pot gear under specific circumstances provided in NMFS regulations;

    7. Revisions to the management measures for Area 2C and Area 3A charter halibut anglers in Section 29 that close three Tuesdays to charter halibut fishing. The dates for the 2017 closures are revised to conform to specific dates in 2018; and

    8. Minor revisions to standardize terminology and clarify the regulations, including a new table in Section 4 to specify the commercial, sport, and Treaty fishing catch limits for all IPHC regulatory areas.

    At the January 2018 annual meeting, the IPHC did not agree, and therefore did not recommend changes to the following management measures:

    1. New catch limits in any IPHC regulatory area;

    2. Revised CSP allocations for charter and commercial IFQ halibut fisheries in Areas 2C and 3A;

    3. Revised charter halibut management measures in Areas 2C and 3A; or

    4. Revised CSP allocations for the commercial IFQ and CDQ halibut fisheries in Areas 4C, 4D, and 4E.

    Although the United States and Canada voiced consensus at the IPHC's January 2018 annual meeting that some reduction in catch limits relative to 2017 in all Areas was appropriate, U.S. and Canadian Commissioners could not agree on specific catch limits for 2018. Therefore, the IPHC did not make a recommendation to the Secretary of State to revise the catch limits that were recommended and implemented in 2017. Because the U.S. and Canadian Commissioners could not reach agreement on the specific catch limits in each Area, the IPHC did not provide specific recommendations to revise the CSP allocations for charter and commercial IFQ halibut fisheries in Area 2C and Area 3A, charter halibut management measures in Areas 2C and 3A, or the CSP allocations for the commercial IFQ and CDQ halibut fisheries in Areas 4C, 4D, and 4E.

    The U.S. Commissioners recommended that NMFS undertake a separate domestic regulatory process to implement the catch limits endorsed by the U.S. Commissioners and the CSP allocations and charter management measures for 2018 that would result from their recommendation for reduced catch limits. NMFS is authorized to implement regulations under a separate rulemaking process governing harvesting privileges among U.S. fishermen in U.S. waters that are more restrictive than those adopted by the IPHC. Such regulations may include catch limits that are more restrictive than those shown in Section 4 of the IPHC's regulations.

    Pursuant to regulations at 50 CFR 300.62, the 2018 IPHC annual management measures described herein are published in the Federal Register to provide notice of their immediate regulatory effectiveness and to inform persons subject to the regulations of their restrictions and requirements. Because NMFS publishes the regulations applicable to the entire Convention area, these regulations include some provisions relating to and affecting Canadian fishing and fisheries. NMFS may implement more restrictive regulations for the fishery for halibut or components of it; therefore, anglers are advised to check the current U.S. Federal and IPHC regulations prior to fishing.

    Catch Limits

    Because the IPHC could not reach agreement and did not recommend catch limits for 2018, the catch limits adopted for 2017 are in effect for the 2018 fishing year unless superseded by an action separate from this final rule. For the 2017 fishing year, the IPHC recommended to the governments of Canada and the U.S. catch limits totaling 31,400,000 lb (14,242.80 mt). A complete description of the background and process the IPHC used to set the 2017 overall catch limit and the catch limits for individual IPHC Areas can be found in the Federal Register at (82 FR 12730, March 7, 2017). The 2017 IPHC catch limits can also be found in Section 11 of the 2017 IPHC annual management measures and Section 4 of the 2018 IPHC annual management measures. The 2017 and 2018 catch limits are summarized below in Table 1.

    Table 1—Catch Limits for 2017 and 2018 by IPHC Regulatory Area Regulatory area 2017 and 2018
  • IPHC
  • catch limit
  • (lb)
  • 2A 1 1,330,000 2B 2 7,450,000 2C 3 5,250,000 3A 3 10,000,000 3B 3,140,000 4A 1,390,000 4B 1,140,000 4CDE 1,700,000 Coastwide 31,400,000 1 Area 2A catch limit includes sport, commercial, and tribal catch limits. 2 Area 2B catch limit includes sport and commercial catch limits. 3 Shown is the combined commercial and charter allocation under the Area 2C and 3A CSP. This value includes allocations to the charter sector and charter wastage, and an amount for commercial landings and wastage. The commercial catch limits after deducting wastage are 4,212,000 lb in Area 2C and 7,739,000 lb in Area 3A.

    NMFS may implement more restrictive regulations for the fishery for halibut or components of it; therefore, anglers are advised to check the current U.S. Federal and IPHC regulations prior to fishing. If NMFS does change any of the IPHC Regulatory Area 2018 catch limits through a separate rulemaking, the breakdown described in the Table in Section 4 of the IPHC's regulations would also change.

    Commercial Halibut Fishery Opening and Closing Dates

    The IPHC considers advice from the IPHC's two advisory boards when selecting opening and closing dates for the halibut fishery. The opening date for the tribal commercial fishery in Area 2A and for the commercial halibut fisheries in Areas 2B through 4E is March 24, 2018. The March 24 opening date is thirteen days later than the 2017 opening date. The IPHC took into account many factors when recommending the season start date, including but not limited to, the timing of halibut migration and spawning, and having a Saturday season opening to facilitate marketing. In addition, the majority of the fishing effort on the opening date has historically been for sablefish, whose opening date is tied to the halibut season dates, and not for halibut.

    The closing date for the halibut fisheries is November 7, 2018. This date takes into account the anticipated time required to fully harvest the commercial halibut catch limits, seasonal holidays, and adequate time for IPHC staff to review the complete record of 2018 commercial catch data for use in the 2018 stock assessment process.

    In the Area 2A non-treaty directed commercial fishery the IPHC recommended seven 10-hour fishing periods. Each fishing period shall begin at 0800 hours and terminate at 1800 hours local time on June 27, July 11, July 25, August 8, August 22, September 5, and September 19, 2018, unless the IPHC specifies otherwise. These 10-hour openings will occur until the quota is taken and the fishery is closed.

    Area 2A Catch Sharing Plan

    The NMFS West Coast Region published a proposed rule for changes to the Pacific Halibut Catch Sharing Plan for Area 2A off Washington, Oregon, and California on January 30, 2018 (83 FR 4175), with public comments accepted through March 1, 2018. A separate final rule will be published to approve changes to the Area 2A CSP and to implement the portions of the CSP and management measures that are not implemented through the IPHC annual management measures that are published in this final rule. These measures include the sport fishery allocations and management measures for Area 2A. Once published, the final rule implementing the Area 2A CSP will be available on the NOAA Fisheries West Coast Region's website at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html, and under FDMS Docket Number NOAA-NMFS-2017-0157 at www.regulations.gov.

    Area 2C and Area 3A Catch Sharing Plans

    In 2014, NMFS implemented a CSP for Area 2C and Area 3A. The CSP defines an annual process for allocating halibut between the charter and commercial fisheries in Area 2C and Area 3A, and establishes allocations for each fishery. To allow flexibility for individual commercial and charter fishery participants, the CSP also authorizes annual transfers of commercial halibut IFQ as GAF to charter halibut permit holders for harvest in the charter fishery. Under the CSP, the IPHC recommends combined catch limits (CCLs) for the charter and commercial halibut fisheries in Area 2C and Area 3A. Each CCL includes estimates of discard mortality (wastage) for each fishery. The CSP was implemented to achieve the halibut fishery management goals of the NPFMC. More information is provided in the final rule implementing the CSP (78 FR 75844, December 12, 2013). Implementing regulations for the CSP are at 50 CFR 300.65. The Area 2C and Area 3A CSP allocation tables are located in Tables 1 through 4 of subpart E of 50 CFR part 300.

    At its January 2018 annual meeting, the IPHC did not reach agreement or recommend catch limits or CSP allocations between the charter and commercial fisheries for Areas 2C and 3A for the 2018 fishing year. As a result, the Area 2C and 3A CSPs for 2017 remain in effect for 2018 until superseded by an action separate from this final rule. NMFS may implement more restrictive regulations for the fishery for halibut or components of it; therefore, anglers are advised to check the current U.S. Federal and IPHC regulations prior to fishing.

    A complete description of the process for setting the 2017 Area 2C and Area 3A CSPs, and the specific details of each area plan, can be found in the Federal Register (82 FR 12730, March 7, 2017). A brief summary of the Area 2C and 3A 2017 catch limits follows here.

    In 2017, the IPHC recommended a CCL of 5,250,000 lb (2,381.36 mt) for Area 2C. Following the CSP allocations in Tables 1 and 3 of subpart E of 50 CFR part 300, the charter fishery was allocated 915,000 lb (415.04 mt) of the CCL and the remainder of the CCL, 4,335,000 lb (1,966.32 mt), was allocated to the commercial fishery. Wastage in the amount of 123,000 lb (55.79 mt) was deducted from the commercial allocation to obtain the commercial catch limit of 4,212,000 lb (1,910.53 mt). These Area 2C catch limits for 2017 remain in effect until superseded. NMFS may implement more restrictive regulations for the fishery for halibut or components of it; therefore, anglers are advised to check the current U.S. Federal and IPHC regulations prior to fishing.

    Also in 2017, the IPHC recommended a CCL of 10,000,000 lb (4,535.92 mt) for Area 3A. Following the CSP allocations in Tables 2 and 4 of subpart E of 50 CFR part 300, the charter fishery was allocated 1,890,000 lb (857.29 mt) of the CCL and the remainder of the CCL, 8,110,000 lb (3,678.63 mt), was allocated to the commercial fishery. Wastage in the amount of 371,000 lb (168.28 mt) was deducted from the commercial allocation to obtain the commercial catch limit of 7,739,000 lb (3,510.35 mt). These Area 3A catch limits for 2017 remain in effect until superseded by an action separate from this final rule. NMFS may implement more restrictive regulations for the fishery for halibut or components of it; therefore, anglers are advised to check the current U.S. Federal and IPHC regulations prior to fishing.

    Charter Halibut Management Measures for Area 2C and Area 3A

    Guided (charter) recreational halibut anglers are managed under different regulations than unguided recreational halibut anglers in Areas 2C and 3A in Alaska. According to Federal regulations at 50 CFR 300.61, a charter vessel angler means a person, paying or non-paying, receiving sport fishing guide services for halibut. Sport fishing guide services means assistance, for compensation or with the intent to receive compensation, to a person who is sport fishing, to take or attempt to take halibut by accompanying or physically directing the sport fisherman in sport fishing activities during any part of a charter vessel fishing trip. A charter vessel fishing trip is the time period between the first deployment of fishing gear into the water from a charter vessel by a charter vessel angler and the offloading of one or more charter vessel anglers or any halibut from that vessel. The charter fishery regulations described below apply only to charter vessel anglers receiving sport fishing guide services during a charter vessel fishing trip for halibut in Area 2C or Area 3A. These regulations do not apply to unguided recreational anglers in any regulatory area in Alaska, or guided anglers in areas other than Areas 2C and 3A.

    The NPFMC formed the Charter Halibut Management Committee to provide it with recommendations for annual management measures intended to limit charter harvest to the charter catch limit while minimizing negative economic impacts to charter fishery participants in times of low halibut abundance. The committee is composed of representatives from the charter fishing industry in Areas 2C and 3A. The committee considered previously analyzed alternatives and suggested new alternative measures to be analyzed in October 2017. After reviewing an analysis of the effects of the alternative measures on estimated charter removals, the committee made recommendations for preferred management measures to the NPFMC for 2018. The NPFMC considered the recommendations of the committee, its industry advisory body, and public testimony to develop its recommendation to the IPHC, and the IPHC took action consistent with the NPFMC's recommendations. The NPFMC has used this process to select and recommend annual management measures to the IPHC since 2012.

    The IPHC recognizes the role of the NPFMC to develop policy and regulations that allocate the Pacific halibut resource among fishermen in and off Alaska, and that NMFS has developed numerous regulations to support the NPFMC's goals of limiting charter harvests.

    At its January 2018 annual meeting, the IPHC did not agree upon or recommend catch limits or management measures for the 2018 charter halibut fisheries. As a result, the Areas 2C and 3A charter halibut management measures implemented in 2017 remain in effect for 2018 until superseded by an action separate from this final rule. NMFS may implement more restrictive regulations for the fishery for halibut or components of it; therefore, anglers are advised to check the current U.S. Federal and IPHC regulations prior to fishing.

    A complete description of the process for setting the Area 2C and 3A 2017 charter halibut management measures, and the specific details of each area plan, can be found in the Federal Register at (82 FR 12730, March 7, 2017). A brief summary of the Area 2C and Area 3A 2017 halibut charter management measures follows below.

    For Area 2C, the 2017 charter halibut management measures consisted of a one-fish daily bag limit with a reverse slot limit that prohibited a person on board a charter vessel from taking or possessing any halibut, with head on, that is greater than 44 inches (111.8 cm) and less than 80 inches (203.2 cm), as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail. For Area 3A, the 2017 the charter halibut management measures included: (1) A two-fish daily bag limit with a 28-inch (71.1 cm) size limit on one of the halibut; (2) a four-fish an annual limit, with a reporting requirement. (3) a one-trip per day limit for the entire season; (4) no retention of halibut on Wednesdays for the entire season; and, (5) no retention of halibut for three Tuesdays in 2017.

    Other Regulatory Amendments

    Although IPHC did not recommend new catch limits, or revised CSPs for Area 2C and 3A and for Areas 4C, 4D, and 4E, or revisions to charter halibut management measures in Areas 2C and 3A, the IPHC did recommend several amendments to the 2018 annual management measures. In addition to approving new halibut fishery opening and closing dates (described above), the other approved amendments are as follows:

    Clarify the Head-On Weighing Requirement

    Beginning in 2017, regulations in Section 14 (formerly Section 13) have required that all commercial Pacific halibut must be landed and weighed with their heads attached (head-on) for data reporting purposes. The head-on requirement is intended to improve the estimates of the weight of landed halibut. At the January 2018 annual IPHC meeting, the IPHC recommended revisions to Section 18(5) and 18(6) to clarify that the catch reporting requirements in these sections require head-on landing and weighing. The revisions specify that (1) all commercial halibut landed in Alaska regulatory areas must be weighed with the head on, and (2) the head-on weight must be reported in the applicable catch report. The regulations at Section 14(2) provides the following exception to the head-on requirement: Pacific halibut frozen at sea with its head removed may be possessed on board a vessel by persons in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E if authorized by Federal regulations.

    Allow CDQ Groups To Lease Halibut QS in Areas 4B, 4C, and 4D

    In June 2017, the NPFMC took final action to allow CDQ groups to lease (to receive by transfer) halibut catcher vessel IFQ in Areas 4B, 4C, and 4D in years of low halibut catch limits. This action is intended to provide additional harvest opportunities to CDQ groups and provide IFQ holders with the opportunity to receive value for their IFQ when the halibut catch limits may not be large enough to provide for an economically viable fishery for IFQ holders. Under current NMFS regulations, CDQ groups cannot receive by transfer any IFQ derived from catcher vessel QS. These restrictions limit the options for CDQ groups to expand opportunities for halibut fishing for residents in times of low halibut abundance. The Council's action authorizes CDQ groups to receive IFQ by transfer in Areas 4B, 4C, and 4D in years of low Pacific halibut catch limits in Areas 4B and 4CDE.

    Low Pacific halibut catch limits triggering this provision would be 1,000,000 pounds (453.59 t) in Area 4B and 1,500,000 pounds (680.39 t) in the combined Area 4CDE. A CDQ group may lease catcher vessel IFQ only in areas it is allocated Pacific halibut CDQ. Only vessels equal to or under 51 feet length overall would be eligible to harvest the leased IFQ. Vessels must comply with IFQ use restrictions for all IFQ received by transfer.

    NMFS is currently developing a proposed rule to implement the Council's recommendation. As part of its action, the Council recommended that any Area 4D IFQ transferred to a CDQ group may be fished in Area 4E by vessels less than or equal to 51 feet in length overall (LOA) when the low catch limit threshold in Area 4CDE is triggered. The Council recommended this provision to provide additional harvest opportunities for CDQ residents to use Area 4D IFQ in Area 4E consistent with regulations that allow Area 4D CDQ to be used in Area 4E. Implementation of this provision requires revisions to IPHC regulations.

    At the January 2018 annual IPHC meeting, the IPHC recommended revisions to Sections (8)(1) and (8)(3) to revise its regulations for consistency with NMFS regulations if a final rule is approved to implement the Council's recommendations. The revisions to IPHC regulations clarify that the retention and catch reporting requirements of halibut taken for personal use in Areas 4E and 4D also apply to halibut that are taken by persons who are fishing IFQ that is received by transfer by a CDQ organization. The IPHC also recommended revisions to the Areas 4D and 4E catch limit calculations in Section 12(8) to include the harvest resulting from IFQ received by transfer by a CDQ organization. Individual Fishing Quota that is designated for Area 4D may continue to be harvested in Area 4E, and the total allowable catch of halibut that may be taken in the Area 4E directed commercial fishery is equal to the combined annual catch limits specified for the Areas 4D and 4E CDQ fisheries and any Area 4D IFQ received by transfer by a CDQ organization.

    Clarify Halibut Retention Requirements for Charter Vessel Anglers

    At the IPHC's January 2018 annual meeting, the IPHC recommended a revision to Section 29(1)(f) of IPHC regulations to clarify that halibut harvested on a charter vessel fishing trip in Area 2C or Area 3A must be retained on board the charter vessel on which the halibut was caught until the end of the charter vessel fishing trip as defined at 50 CFR 300.61. To accomplish this clarification, the word “all” was deleted from Section 28(1)(f) to distinguish the requirement in Section 28(1)(f) to retain halibut on board a charter vessel until the end of a charter trip from the requirement to retain carcasses for size-restricted halibut (see 50 CFR 300.65(d)(5)).

    Clarify Filleting at Sea Requirements

    IPHC regulations at Section 29(1)(d) say that no person shall possess on board a vessel, including charter vessels and pleasure craft used for fishing, halibut that have been filleted, mutilated, or otherwise disfigured in any manner, except that each piece maybe cut into no more than 2 ventral pieces, 2 dorsal pieces, and 2 cheek pieces, with skin on all pieces. While this regulation is necessary for a proper accounting of fish on board a vessel and the enforcement of daily bag and possession limits, the precise amount of skin that must be left on each piece of halibut is not defined. Given that the purpose of the skin-on requirement is to distinguish pieces of halibut from the dorsal and ventral sides of the fish, it is not necessary to require all the skin to be left on all the pieces. To clarify the regulation, the IPHC determined that a patch of skin that is naturally attached on each piece of halibut that is cut into pieces as described in Section 29(1)(d) is adequate to satisfy the intent of the regulation.

    Authorize Halibut To Be Taken With Pot Gear

    On December 28, 2016, NMFS published a final rule to authorize longline pot gear for the IFQ sablefish fishery in the Gulf of Alaska (81 FR 95435). The Gulf of Alaska sablefish fishery takes place in a portion of Area 2C (not including the inside waters), all of Areas 3A, 3B, and that portion of 4A in the Gulf of Alaska west of Area 3B and east of 170°00′ W longitude. The NMFS final rule also requires retention of halibut caught incidentally in longline pot gear subject to current retention requirements for the halibut IFQ Program (i.e., only if the halibut are of legal size and a person(s) on the vessel holds sufficient halibut IFQ). This recommendation is intended to avoid discard mortality of legal-size halibut caught incidentally in longline pots in the sablefish IFQ fishery, similar to current regulations that authorize sablefish and halibut IFQ holders using hook-and-line gear to retain legal-size halibut caught incidentally during the sablefish IFQ fishery. At its 2016 annual meeting, the IPHC recommended approval of longline pot gear, as defined by NMFS, as legal gear for the commercial halibut fishery in Alaska when NMFS regulations permit the use of this gear in the IFQ sablefish fishery.

    At its 2018 annual meeting, the IPHC received a proposal for additional regulatory revisions that would allow halibut taken with pot gear to be retained in the Bering Sea and Aleutian Islands. The proposal was prompted by evidence of conflicts with whale depredation of halibut on longline gear and referenced the Council's consideration of an action to authorize longline pot gear for the IFQ sablefish fishery in the Bering Sea and Aleutian Islands. After considering the proposal, the IPHC recommended changes to Section 20 (Fishing Gear) in parts (1)(b) and (2)(b) to authorize longline or single pot gear and struck the phrase that restricted retention of halibut taken in pot gear to only pot gear used the sablefish IFQ fishery. In recommending these changes, the IPHC noted the existing references in each subsection that allow pots to be used for halibut fishing “if such retention is authorized by NMFS regulations published at 50 CFR part 679”. Therefore, the regulatory revisions continue to authorize retention of halibut in the GOA sablefish IFQ fishery consistent with NMFS regulations. The revisions also would accommodate a potential future Council recommendation and NMFS implementation of regulations to authorize retention of halibut taken in pot gear in the Bering Sea and Aleutian Islands.

    Changes to Area 3A Closure Dates for 2018

    Annual management measures in the charter halibut fishery are implemented to limit the charter sector to its harvest allocation under the CSP with the commercial halibut fishery. The management measures are recommended to the NPFMC by its Charter Halibut Management Committee. In recent years, one of the measures the Committee and the IPHC has recommended are closures on specific days of the week in Area 3A as a means to reduce the total charter sector harvest. In 2017, the management measures called for closures to halibut retention by charter vessel anglers on all Wednesdays over the entire season, and on three Tuesdays in July and August. As described in detail above, the IPHC did not adopt charter halibut management measures for 2018; as such, the management measures for 2017 remain in effect unless superseded by an action separate from this final rule. The regulatory revision recommended by the IPHC changes the reference dates published in the 2017 IPHC regulations to ensure that all the dates of the Tuesdays' closures fall on Tuesdays. If left unchanged, the three dates as written in the 2017 IPHC regulations would fall on Wednesdays in 2018. The revised dates are changed from 18 July, 25 July, and 1 August to 17 July, 24 July, and 31 July.

    Annual Halibut Management Measures

    The following annual management measures for the 2018 Pacific halibut fishery are those recommended by the IPHC and accepted by the Secretary of State, with the concurrence of the Secretary of Commerce.

    1. Short Title

    These Regulations may be cited as the Pacific Halibut Fishery Regulations

    2. Application

    (1) These Regulations apply to persons and vessels fishing for Pacific halibut in, or possessing Pacific halibut taken from, the maritime area as defined in Section 3.

    (2) Sections 3 to 7 apply generally to all Pacific halibut fishing.

    (3) Sections 8 to 21 apply to commercial fishing for Pacific halibut.

    (4) Section 22 applies to tagged Pacific halibut caught by any vessel.

    (5) Section 23 applies to the United States treaty Indian fishery in Subarea 2A-1.

    (6) Section 24 applies to customary and traditional fishing in Alaska.

    (7) Section 25 applies to Aboriginal groups fishing for food, social and ceremonial purposes in British Columbia.

    (8) Sections 26 to 29 apply to sport fishing for Pacific halibut.

    (9) These Regulations do not apply to fishing operations authorized or conducted by the Commission for research purposes.

    3. Definitions

    (1) In these Regulations,

    (a) “authorized officer” means any State, Federal, or Provincial officer authorized to enforce these Regulations including, but not limited to, the National Marine Fisheries Service (NMFS), Canada's Department of Fisheries and Oceans (DFO), Alaska Wildlife Troopers (AWT), United States Coast Guard (USCG), Washington Department of Fish and Wildlife (WDFW), the Oregon State Police (OSP), and California Department of Fish and Wildlife (CDFW);

    (b) “authorized clearance personnel” means an authorized officer of the United States, a representative of the Commission, or a designated fish processor;

    (c) “charter vessel” outside of Alaska waters means a vessel used for hire in sport fishing for Pacific halibut, but not including a vessel without a hired operator, and in Alaska waters means a vessel used while providing or receiving sport fishing guide services for Pacific halibut;

    (d) “commercial fishing” means fishing, the resulting catch of which is sold or bartered; or is intended to be sold or bartered, other than (i) sport fishing, (ii) treaty Indian ceremonial and subsistence fishing as referred to in section 23, (iii) customary and traditional fishing as referred to in section 24 and defined by and regulated pursuant to NMFS regulations published at 50 CFR part 300, and (iv) Aboriginal groups fishing in British Columbia as referred to in section 25;

    (e) “Commission” or “IPHC” means the International Pacific Halibut Commission;

    (f) “daily bag limit” means the maximum number of Pacific halibut a person may take in any calendar day from Convention waters;

    (g) “fishing” means the taking, harvesting, or catching of fish, or any activity that can reasonably be expected to result in the taking, harvesting, or catching of fish, including specifically the deployment of any amount or component part of gear anywhere in the maritime area;

    (h) “fishing period limit” means the maximum amount of Pacific halibut that may be retained and landed by a vessel during one fishing period;

    (i) “land” or “offload” with respect to Pacific halibut, means the removal of halibut from the catching vessel;

    (j) “license” means a Pacific halibut fishing license issued by the Commission pursuant to section 5;

    (k) “maritime area”, in respect of the fisheries jurisdiction of a Contracting Party, includes without distinction areas within and seaward of the territorial sea and internal waters of that Party;

    (l) “net weight” of a Pacific halibut means the weight of Pacific halibut that is without gills and entrails, head-off, washed, and without ice and slime. If a Pacific halibut is weighed with the head on or with ice and slime, the required conversion factors for calculating net weight are a 2 percent deduction for ice and slime and a 10 percent deduction for the head;

    (m) “operator”, with respect to any vessel, means the owner and/or the master or other individual on board and in charge of that vessel;

    (n) “overall length” of a vessel means the horizontal distance, rounded to the nearest foot, between the foremost part of the stem and the aftermost part of the stern (excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments);

    (o) “person” includes an individual, corporation, firm, or association;

    (p) “regulatory area” means an IPHC Regulatory Area referred to in section 7;

    (q) “setline gear” means one or more stationary, buoyed, and anchored lines with hooks attached;

    (r) “sport fishing” or “recreational fishing” means all fishing other than (i) commercial fishing, (ii) treaty Indian ceremonial and subsistence fishing as referred to in section 23, (iii) customary and traditional fishing as referred to in section 24 and defined in and regulated pursuant to NMFS regulations published in 50 CFR part 300, and (iv) Aboriginal groups fishing in British Columbia as referred to in section 25;

    (s) “tender” means any vessel that buys or obtains fish directly from a catching vessel and transports it to a port of landing or fish processor;

    (t) “VMS transmitter” means a NMFS-approved vessel monitoring system transmitter that automatically determines a vessel's position and transmits it to a NMFS-approved communications service provider.1

    1 Call NOAA Enforcement Division, Alaska Region, at 907-586-7225 between the hours of 0800 and 1600 local time for a list of NMFS-approved VMS transmitters and communications service providers.

    (2) In these Regulations, all bearings are true and all positions are determined by the most recent charts issued by the United States National Ocean Service or the Canadian Hydrographic Service.

    4. Limits

    (1) The fishery limits resulting from the IPHC-adopted values and the Contracting Party catch sharing arrangements are as follows:

    IPHC Regulatory Area Fishery limits (net weight) Pounds
  • (lbs)
  • Metric tons
  • (t)
  • Area 2A (California, Oregon, Washington) 1,330,000 603.28 Non-treaty directed commercial (south of Pt. Chehalis) 225,591 102.33 Non-treaty incidental catch in salmon troll fishery 39,810 18.06 Non-treaty incidental catch in sablefish fishery (north of Pt. Chehalis) 70,000 31.75 Treaty Indian commercial 435,900 197.72 Treaty Indian ceremonial and subsistence (year-round) 29,600 13.43 Recreational—Washington 237,762 107.85 Recreational—Oregon 256,757 116.46 Recreational—California 34,580 15.69 Area 2B (British Columbia)(includes recreational catch allocation) 7,450,000 3,379.27 Area 2C (southeastern Alaska) (combined commercial/guided recreational) 5,250,000 2,381.36 Commercial fishery (4,212,000 catch and 123,000 incidental mortality) 4,335,000 1,966.33 Guided sport fishery (includes catch and incidental mortality) 915,000 415.04 Area 3A (central Gulf of Alaska) (combined commercial/guided recreational) 10,000,000 4,535.93 Commercial fishery (7,739,000 catch and 371,000 incidental mortality) 8,110,000 3,678.64 Guided recreational fishery (includes catch and incidental mortality) 1,890,000 857.29 Area 3B (western Gulf of Alaska) 3,140,000 1,424.28 Area 4A (eastern Aleutians) 1,390,000 630.49 Area 4B (central/western Aleutians) 1,140,000 517.10 Area 4CDE 1,700,000 771.11 Area 4C (Pribilof Islands) 752,000 341.10 Area 4D (northwestern Bering Sea) 752,000 341.10 Area 4E (Bering Sea flats) 196,000 88.90 Total 31,400,000 14,242.82
    5. Licensing Vessels for IPHC Regulatory Area 2A

    (1) No person shall fish for Pacific halibut from a vessel, nor possess Pacific halibut on board a vessel, used either for commercial fishing or as a charter vessel in IPHC Regulatory Area 2A, unless the Commission has issued a license valid for fishing in IPHC Regulatory Area 2A in respect of that vessel.

    (2) A license issued for a vessel operating in IPHC Regulatory Area 2A shall be valid only for operating either as a charter vessel or a commercial vessel, but not both.

    (3) A vessel with a valid IPHC Regulatory Area 2A commercial license cannot be used to sport fish for Pacific halibut in IPHC Regulatory Area 2A.

    (4) A license issued for a vessel operating in the commercial fishery in Area 2A shall be valid for one of the following:

    (a) The directed commercial fishery during the fishing periods specified in paragraph (2) of section 9;

    (b) the incidental catch fishery during the sablefish fishery specified in paragraph (3) of section 9; or

    (c) the incidental catch fishery during the salmon troll fishery specified in paragraph (4) of section 9.

    (5) No person may apply for or be issued a license for a vessel operating in the incidental catch fishery during the salmon troll fishery in paragraph (4)(c), if that vessel was previously issued a license for either the directed commercial fishery in paragraph (4)(a) or the incidental catch fishery during the sablefish fishery in paragraph (4)(b).

    (6) A license issued in respect to a vessel referred to in paragraph (1) of this section must be carried on board that vessel at all times and the vessel operator shall permit its inspection by any authorized officer.

    (7) The Commission shall issue a license in respect to a vessel, without fee, from its office in Seattle, Washington, upon receipt of a completed, written, and signed “Application for Vessel License for the Pacific Halibut Fishery” form.

    (8) A vessel operating in the directed commercial fishery in IPHC Regulatory Area 2A must have its “Application for Vessel License for the Pacific Halibut Fishery” form postmarked no later than 2359 hours local time on 30 April, or the first weekday in May if 30 April is a Saturday or Sunday.

    (9) A vessel operating in the incidental catch fishery during the sablefish fishery in IPHC Regulatory Area 2A must have its “Application for Vessel License for the Pacific Halibut Fishery” form postmarked no later than 2359 hours local time on 15 March, or the next weekday in March if 15 March is a Saturday or Sunday.

    (10) A vessel operating in the incidental catch fishery during the salmon troll fishery in IPHC Regulatory Area 2A must have its “Application for Vessel License for the Pacific Halibut Fishery” form postmarked no later than 2359 hours local time on 15 March, or the next weekday in March if 15 March is a Saturday or Sunday.

    (11) Application forms may be obtained from any authorized officer or from the IPHC Secretariat.

    (12) Information on “Application for Vessel License for the Pacific Halibut Fishery” form must be accurate.

    (13) The “Application for Vessel License for the Pacific Halibut Fishery” form shall be completed and signed by the vessel owner.

    (14) Licenses issued under this section shall be valid only during the year in which they are issued.

    (15) A new license is required for a vessel that is sold, transferred, renamed, or the documentation is changed.

    (16) The license required under this section is in addition to any license, however designated, that is required under the laws of the United States or any of its States.

    (17) The United States may suspend, revoke, or modify any license issued under this section under policies and procedures in U.S. Code Title 15, CFR part 904.

    6. In-Season Actions

    (1) The Commission is authorized to establish or modify regulations during the season after determining that such action:

    (a) Will not result in exceeding the catch limit established preseason for each IPHC Regulatory Area;

    (b) is consistent with the Convention between Canada and the United States of America for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, and applicable domestic law of either Canada or the United States of America; and

    (c) is consistent, to the maximum extent practicable, with any domestic catch sharing plans or other domestic allocation programs developed by the United States or Canadian governments.

    (2) In-season actions may include, but are not limited to, establishment or modification of the following:

    (a) Closed areas;

    (b) fishing periods;

    (c) fishing period limits;

    (d) gear restrictions;

    (e) recreational bag limits;

    (f) size limits; or

    (g) vessel clearances.

    (3) In-season changes will be effective at the time and date specified by the Commission.

    (4) The Commission will announce in-season actions under this section by providing notice to major Pacific halibut processors; Federal, State, United States treaty Indian, and Provincial fishery officials; and the media.

    7. Regulatory Areas

    The following areas shall be IPHC Regulatory Areas (see Figure 1) for the purposes of the Convention:

    (1) IPHC Regulatory Area 2A includes all waters off the states of California, Oregon, and Washington;

    (2) IPHC Regulatory Area 2B includes all waters off British Columbia;

    (3) IPHC Regulatory Area 2C includes all waters off Alaska that are east of a line running 340° true from Cape Spencer Light (58°11′56″ N latitude, 136°38′26″ W longitude) and south and east of a line running 205° true from said light;

    (4) IPHC Regulatory Area 3A includes all waters between Area 2C and a line extending from the most northerly point on Cape Aklek (57°41′15″ N latitude, 155°35′00″ W longitude) to Cape Ikolik (57°17′17″ N latitude, 154°47′18″ W longitude), then along the Kodiak Island coastline to Cape Trinity (56°44′50″ N latitude, 154°08′44″ W longitude), then 140° true;

    (5) IPHC Regulatory Area 3B includes all waters between Area 3A and a line extending 150° true from Cape Lutke (54°29′00″ N latitude, 164°20′00″ W longitude) and south of 54°49′00″ N latitude in Isanotski Strait;

    (6) IPHC Regulatory Area 4A includes all waters in the Gulf of Alaska west of Area 3B and in the Bering Sea west of the closed area defined in section 10 that are east of 172°00′00″ W longitude and south of 56°20′00″ N latitude;

    (7) IPHC Regulatory Area 4B includes all waters in the Bering Sea and the Gulf of Alaska west of IPHC Regulatory Area 4A and south of 56°20′00″ N latitude;

    (8) IPHC Regulatory Area 4C includes all waters in the Bering Sea north of IPHC Regulatory Area 4A and north of the closed area defined in section 10 which are east of 171°00′00″ W longitude, south of 58°00′00″ N latitude, and west of 168°00′00″ W longitude;

    (9) IPHC Regulatory Area 4D includes all waters in the Bering Sea north of IPHC Regulatory Areas 4A and 4B, north and west of IPHC Regulatory Area 4C, and west of 168°00′00″ W longitude; and

    (10) Area 4E includes all waters in the Bering Sea north and east of the closed area defined in section 10, east of 168°00′00″ W longitude, and south of 65°34′00″ N latitude.

    8. Fishing in Regulatory IPHC Regulatory Areas 4E and 4D

    (1) Section 8 applies only to any person fishing for, or any vessel that is used to fish for, IPHC Regulatory Area 4E Community Development Quota (CDQ) Pacific halibut, IPHC Regulatory Area 4D CDQ Pacific halibut, or IPHC Regulatory Area 4D IFQ received by transfer by a CDQ organization provided that the total annual halibut catch of that person or vessel is landed at a port within IPHC Regulatory Areas 4E or 4D.

    (2) A person may retain Pacific halibut taken with setline gear that are smaller than the size limit specified in section 14, provided that no person may sell or barter such Pacific halibut.

    (3) The manager of a CDQ organization that authorizes persons to harvest Pacific halibut in the IPHC Regulatory Area 4E or 4D CDQ fisheries or IFQ received by transfer by a CDQ organization must report to the Commission the total number and weight of undersized Pacific halibut taken and retained by such persons pursuant to section 8, paragraph (2). This report, which shall include data and methodology used to collect the data, must be received by the Commission prior to 1 November of the year in which such Pacific halibut were harvested.

    9. Fishing Periods

    (1) The fishing periods for each regulatory area apply where the catch limits specified in section 12 have not been taken.

    (2) Each fishing period in the IPHC Regulatory Area 2A directed commercial fishery 2 shall begin at 0800 hours and terminate at 1800 hours local time on 27 June, 11 July, 25 July, 8 August, 22 August, 5 September, and 19 September, unless the Commission specifies otherwise.

    2 The directed fishery is restricted to waters that are south of Point Chehalis, Washington, (46°53.30′ N latitude) under regulations promulgated by NMFS and published in the Federal Register.

    (3) Notwithstanding paragraph (7) of section 12, an incidental catch fishery 3 is authorized during the sablefish seasons in Area 2A in accordance with regulations promulgated by NMFS. This fishery will occur between 1200 hours local time on 24 March and 1200 hours local time on 7 November.

    3 The incidental fishery during the directed, fixed gear sablefish season is restricted to waters that are north of Point Chehalis, Washington, (46°53.30′ N latitude) under regulations promulgated by NMFS at 50 CFR 300.63. Landing restrictions for Pacific halibut retention in the fixed gear sablefish fishery can be found at 50 CFR 660.231.

    (4) Notwithstanding paragraph (2), and paragraph (7) of section 12, an incidental catch fishery is authorized during salmon troll seasons in Area 2A in accordance with regulations promulgated by NMFS. This fishery will occur between 1200 hours local time on 24 March and 1200 hours local time on 7 November.

    (5) The fishing period in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall begin at 1200 hours local time on 24 March and terminate at 1200 hours local time on 7 November, unless the Commission specifies otherwise.

    (6) All commercial fishing for Pacific halibut in IPHC Regulatory Areas 2A, 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall cease at 1200 hours local time on 7 November.

    10. Closed Periods

    (1) No person shall engage in fishing for Pacific halibut in any IPHC Regulatory Area other than during the fishing periods set out in section 9 in respect of that area.

    (2) No person shall land or otherwise retain Pacific halibut caught outside a fishing period applicable to the regulatory area where the Pacific halibut was taken.

    (3) Subject to paragraphs (7), (8), (9), and (10) of section 20, these Regulations do not prohibit fishing for any species of fish other than Pacific halibut during the closed periods.

    (4) Notwithstanding paragraph (3), no person shall have Pacific halibut in his/her possession while fishing for any other species of fish during the closed periods.

    (5) No vessel shall retrieve any Pacific halibut fishing gear during a closed period if the vessel has any Pacific halibut on board.

    (6) A vessel that has no Pacific halibut on board may retrieve any Pacific halibut fishing gear during the closed period after the operator notifies an authorized officer or representative of the Commission prior to that retrieval.

    (7) After retrieval of Pacific halibut gear in accordance with paragraph (6), the vessel shall submit to a hold inspection at the discretion of the authorized officer or representative of the Commission.

    (8) No person shall retain any Pacific halibut caught on gear retrieved in accordance with paragraph (6).

    (9) No person shall possess Pacific halibut on board a vessel in a regulatory area during a closed period unless that vessel is in continuous transit to or within a port in which that Pacific halibut may be lawfully sold.

    11. Closed Area

    All waters in the Bering Sea north of 55°00′00″ N latitude in Isanotski Strait that are enclosed by a line from Cape Sarichef Light (54°36′00″ N latitude, 164°55′42″ W longitude) to a point at 56°20′00″ N latitude, 168°30′00″ W longitude; thence to a point at 58°21′25″ N latitude, 163°00′00″ W longitude; thence to Strogonof Point (56°53′18″ N latitude, 158°50′37″ W longitude); and then along the northern coasts of the Alaska Peninsula and Unimak Island to the point of origin at Cape Sarichef Light are closed to Pacific halibut fishing and no person shall fish for Pacific halibut therein or have Pacific halibut in his/her possession while in those waters except in the course of a continuous transit across those waters. All waters in Isanotski Strait between 55°00′00″ N latitude and 54°49′00″ N latitude are closed to Pacific halibut fishing.

    12. Commercial Catch Limits

    (1) The total allowable commercial catch of Pacific halibut to be taken during the commercial Pacific halibut fishing periods specified in section 9 shall be limited to the net weights expressed in pounds or metric tons shown in the following table:

    4 IPHC allocates the catch limit to IPHC Regulatory Area 2B as a combined commercial and sport catch limit (7,450,000 pounds). DFO allocates that amount between commercial and sport according to their allocation policy. In addition to the commercial fishery amount, 60,000 pounds has been allocated for research purposes. This amount also excludes any overage/underage adjustments. See section 28 for sport fishing regulations.

    5 For IPHC Regulatory Area 2C, the commercial catch limit adopted by the Commission includes catch (4,212,000 pounds) reported in the table plus estimated incidental mortality from the commercial fishery (123,000 pounds) for a total of 4,335,000 pounds. This total amount is included in the combined commercial and guided sport sector catch limit set by IPHC and allocated by NMFS by a catch sharing plan (5,250,000 pounds).

    6 For IPHC Regulatory Area 3A, the commercial catch limit adopted by the Commission includes catch (7,739,000 pounds) reported in the table plus estimated incidental mortality from the commercial fishery (371,000 pounds) for a total of 8,110,000 pounds. This total amount is included in the combined commercial and guided sport sector catch limit set by IPHC and allocated by NMFS by a catch sharing plan (10,000,000 pounds).

    IPHC Regulatory Area Commercial catch limit—
  • net weight
  • Pounds Metric tons
    2A: Directed commercial, and incidental commercial catch during salmon troll fishery 265,402 120.38 2A: Incidental commercial during sablefish fishery 70,000 31.75 2B 4 6,271,971 2,844.92 2C 5 4,212,000 1,910.53 3A 6 7,739,000 3,510.36 3B 3,140,000 1,424.28 4A 1,390,000 630.49 4B 1,140,000 517.09 4C 752,000 341.10 4D 752,000 341.10 4E 196,000 88.90

    (2) Notwithstanding paragraph (1), regulations pertaining to the division of the IPHC Regulatory Area 2A catch limit between the directed commercial fishery and the incidental catch fishery as described in paragraph (4) of section 9 will be promulgated by NMFS and published in the Federal Register.

    (3) The Commission shall determine and announce to the public the date on which the catch limit for IPHC Regulatory Area 2A will be taken.

    (4) Notwithstanding paragraph (1), the commercial fishing in IPHC Regulatory Area 2B will close only when all Individual Vessel Quotas (IVQs) assigned by DFO are taken, or 7 November, whichever is earlier.

    (5) Notwithstanding paragraph (1), IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will each close only when all Individual Fishing Quotas (IFQ) and all CDQs issued by NMFS have been taken, or 7 November, whichever is earlier.

    (6) If the Commission determines that the catch limit specified for IPHC Regulatory Area 2A in paragraph (1) would be exceeded in an unrestricted 10-hour fishing period as specified in paragraph (2) of section 9, the catch limit for that area shall be considered to have been taken and the directed commercial fishery closed as announced by the Commission.

    (7) When under paragraphs (2), (3), and (6) the Commission has announced a date on which the catch limit for IPHC Regulatory Area 2A will be taken, no person shall fish for Pacific halibut in that area after that date for the rest of the year, unless the Commission has announced the reopening of that area for Pacific halibut fishing.

    (8) Notwithstanding paragraph (1), the total allowable catch of Pacific halibut that may be taken in the IPHC Regulatory Area 4E directed commercial fishery is equal to the combined annual catch limits specified for the IPHC Regulatory Areas 4D and 4E CDQ fisheries and any IPHC Regulatory Area 4D IFQ received by transfer by a CDQ organization. The annual IPHC Regulatory Area 4D catch limit will decrease by the equivalent amount of CDQ and IFQ received by transfer by a CDQ organization taken in IPHC Regulatory Area 4E in excess of the annual IPHC Regulatory Area 4E catch limit.

    (9) Notwithstanding paragraph (1), the total allowable catch of Pacific halibut that may be taken in the IPHC Regulatory Area 4D directed commercial fishery is equal to the combined annual catch limits specified for IPHC Regulatory Areas 4C and 4D. The annual IPHC Regulatory Area 4C catch limit will decrease by the equivalent amount of Pacific halibut taken in IPHC Regulatory Area 4D in excess of the annual IPHC Regulatory Area 4D catch limit.

    13. Fishing Period Limits

    (1) It shall be unlawful for any vessel to retain more Pacific halibut than authorized by that vessel's license in any fishing period for which the Commission has announced a fishing period limit.

    (2) The operator of any vessel that fishes for Pacific halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of Pacific halibut to a commercial fish processor, completely offload all Pacific halibut on board said vessel to that processor and ensure that all Pacific halibut is weighed and reported on State fish tickets.

    (3) The operator of any vessel that fishes for Pacific halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of Pacific halibut other than to a commercial fish processor, completely offload all Pacific halibut on board said vessel and ensure that all Pacific halibut are weighed and reported on State fish tickets.

    (4) The provisions of paragraph (3) are not intended to prevent retail over-the-side sales to individual purchasers so long as all the Pacific halibut on board is ultimately offloaded and reported.

    (5) When fishing period limits are in effect, a vessel's maximum retainable catch will be determined by the Commission based on:

    (a) The vessel's overall length in feet and associated length class;

    (b) the average performance of all vessels within that class; and

    (c) the remaining catch limit.

    (6) Length classes are shown in the following table:

    Overall length
  • (in feet)
  • Vessel class
    1-25 A 26-30 B 31-35 C 36-40 D 41-45 E 46-50 F 51-55 G 56+ H

    (7) Fishing period limits in IPHC Regulatory Area 2A apply only to the directed Pacific halibut fishery referred to in paragraph (2) of section 9.

    14. Size Limits

    (1) No person shall take or possess any Pacific halibut that:

    (a) With the head on, is less than 32 inches (81.3 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail, as illustrated in Figure 2; or

    (b) with the head removed, is less than 24 inches (61.0 cm) as measured from the base of the pectoral fin at its most anterior point to the extreme end of the middle of the tail, as illustrated in Figure 2.

    (2) No person on board a vessel fishing for, or tendering, Pacific halibut in any IPHC Regulatory Area shall possess any Pacific halibut that has had its head removed, except that Pacific halibut frozen at sea with its head removed may be possessed on board a vessel by persons in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E if authorized by Federal regulations.

    (3) The size limit in paragraph (1)(b) will not be applied to any Pacific halibut that has had its head removed after the operator has landed the Pacific halibut.

    15. Careful Release of Pacific Halibut

    (1) All Pacific halibut that are caught and are not retained shall be immediately released outboard of the roller and returned to the sea with a minimum of injury by:

    (a) Hook straightening;

    (b) cutting the gangion near the hook; or

    (c) carefully removing the hook by twisting it from the Pacific halibut with a gaff.

    (2) Except that paragraph (1) shall not prohibit the possession of Pacific halibut on board a vessel that has been brought aboard to be measured to determine if the minimum size limit of the Pacific halibut is met and, if sublegal-sized, is promptly returned to the sea with a minimum of injury.

    16. Vessel Clearance in IPHC Regulatory Area 4

    (1) The operator of any vessel that fishes for Pacific halibut in IPHC Regulatory Areas 4A, 4B, 4C, or 4D must obtain a vessel clearance before fishing in any of these areas, and before the landing of any Pacific halibut caught in any of these areas, unless specifically exempted in paragraphs (10), (13), (14), (15), or (16).

    (2) An operator obtaining a vessel clearance required by paragraph (1) must obtain the clearance in person from the authorized clearance personnel and sign the IPHC form documenting that a clearance was obtained, except that when the clearance is obtained via VHF radio referred to in paragraphs (5), (8), and (9), the authorized clearance personnel must sign the IPHC form documenting that the clearance was obtained.

    (3) The vessel clearance required under paragraph (1) prior to fishing in IPHC Regulatory Area 4A may be obtained only at Nazan Bay on Atka Island, Dutch Harbor or Akutan, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (4) The vessel clearance required under paragraph (1) prior to fishing in IPHC Regulatory Area 4B may only be obtained at Nazan Bay on Atka Island or Adak, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (5) The vessel clearance required under paragraph (1) prior to fishing in IPHC Regulatory Area 4C or 4D may be obtained only at St. Paul or St. George, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor by VHF radio and allowing the person contacted to confirm visually the identity of the vessel.

    (6) The vessel operator shall specify the specific regulatory area in which fishing will take place.

    (7) Before unloading any Pacific halibut caught in IPHC Regulatory Area 4A, a vessel operator may obtain the clearance required under paragraph (1) only in Dutch Harbor or Akutan, Alaska, by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (8) Before unloading any Pacific halibut caught in IPHC Regulatory Area 4B, a vessel operator may obtain the clearance required under paragraph (1) only in Nazan Bay on Atka Island or Adak, by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor by VHF radio or in person.

    (9) Before unloading any Pacific halibut caught in IPHC Regulatory Areas 4C and 4D, a vessel operator may obtain the clearance required under paragraph (1) only in St. Paul, St. George, Dutch Harbor, or Akutan, Alaska, either in person or by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearances obtained in St. Paul or St. George, Alaska, can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel.

    (10) Any vessel operator who complies with the requirements in section 19 for possessing Pacific halibut on board a vessel that was caught in more than one regulatory area in IPHC Regulatory Area 4 is exempt from the clearance requirements of paragraph (1) of this section, provided that:

    (a) The operator of the vessel obtains a vessel clearance prior to fishing in IPHC Regulatory Area 4 in either Dutch Harbor, Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearance obtained in St. Paul, St. George, Adak, or Nazan Bay on Atka Island can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel. This clearance will list the areas in which the vessel will fish; and

    (b) before unloading any Pacific halibut from IPHC Regulatory Area 4, the vessel operator obtains a vessel clearance from Dutch Harbor, Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearance obtained in St. Paul or St. George can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel. The clearance obtained in Adak or Nazan Bay on Atka Island can be obtained by VHF radio.

    (11) Vessel clearances shall be obtained between 0600 and 1800 hours, local time.

    (12) No Pacific halibut shall be on board the vessel at the time of the clearances required prior to fishing in IPHC Regulatory Area 4.

    (13) Any vessel that is used to fish for Pacific halibut only in IPHC Regulatory Area 4A and lands its total annual Pacific halibut catch at a port within IPHC Regulatory Area 4A is exempt from the clearance requirements of paragraph (1).

    (14) Any vessel that is used to fish for Pacific halibut only in IPHC Regulatory Area 4B and lands its total annual Pacific halibut catch at a port within IPHC Regulatory Area 4B is exempt from the clearance requirements of paragraph (1).

    (15) Any vessel that is used to fish for Pacific halibut only in IPHC Regulatory Areas 4C or 4D or 4E and lands its total annual Pacific halibut catch at a port within IPHC Regulatory Areas 4C, 4D, 4E, or the closed area defined in section 11, is exempt from the clearance requirements of paragraph (1).

    (16) Any vessel that carries a transmitting VMS transmitter while fishing for Pacific halibut in IPHC Regulatory Areas 4A, 4B, 4C, or 4D and until all Pacific halibut caught in any of these areas is landed, is exempt from the clearance requirements of paragraph (1) of this section, provided that:

    (a) The operator of the vessel complies with NMFS' vessel monitoring system regulations published at 50 CFR 679.28(f)(3), (4) and (5); and

    (b) the operator of the vessel notifies NOAA Fisheries Office for Law Enforcement at 800-304-4846 (select option 1 to speak to an Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight) local time within 72 hours before fishing for Pacific halibut in IPHC Regulatory Areas 4A, 4B, 4C, or 4D and receives a VMS confirmation number.

    17. Logs

    (1) The operator of any U.S. vessel fishing for Pacific halibut that has an overall length of 26 feet (7.9 meters) or greater shall maintain an accurate log of Pacific halibut fishing operations. The operator of a vessel fishing in waters in and off Alaska must use one of the following logbooks: The Groundfish/IFQ Longline and Pot Gear Daily Fishing Logbook, in electronic or paper form, provided by NMFS; the Alaska hook-and-line logbook provided by Petersburg Vessel Owners Association or Alaska Longline Fisherman's Association; the Alaska Department of Fish and Game (ADFG) longline-pot logbook; or the logbook provided by IPHC. The operator of a vessel fishing in IPHC Regulatory Area 2A must use either the WDFW Voluntary Sablefish Logbook, Oregon Department of Fish and Wildlife (ODFW) Fixed Gear Logbook, or the logbook provided by IPHC.

    (2) The logbook referred to in paragraph (1) must include the following information:

    (a) The name of the vessel and the State (ADFG, WDFW, ODFW, or CDFW) or Tribal ID number;

    (b) the date(s) upon which the fishing gear is set or retrieved;

    (c) the latitude and longitude coordinates or a direction and distance from a point of land for each set or day;

    (d) the number of skates deployed or retrieved, and number of skates lost; and

    (e) the total weight or number of Pacific halibut retained for each set or day.

    (3) The logbook referred to in paragraph (1) shall be:

    (a) Maintained on board the vessel;

    (b) updated not later than 24 hours after 0000 (midnight) local time for each day fished and prior to the offloading or sale of Pacific halibut taken during that fishing trip;

    (c) retained for a period of two years by the owner or operator of the vessel;

    (d) open to inspection by an authorized officer or any authorized representative of the Commission upon demand; and

    (e) kept on board the vessel when engaged in Pacific halibut fishing, during transits to port of landing, and until the offloading of all Pacific halibut is completed.

    (4) The log referred to in paragraph (1) does not apply to the incidental Pacific halibut fishery during the salmon troll season in IPHC Regulatory Area 2A defined in paragraph (4) of section 9.

    (5) The operator of any Canadian vessel fishing for Pacific halibut shall maintain an accurate record in the British Columbia Integrated Groundfish Fishing Log.

    (6) The log referred to in paragraph (5) must include the following information:

    (a) The name of the vessel and the DFO vessel registration number;

    (b) the date(s) upon which the fishing gear is set and retrieved;

    (c) the latitude and longitude coordinates for each set;

    (d) the number of skates deployed or retrieved, and number of skates lost; and

    (e) the total weight or number of Pacific halibut retained for each set.

    (7) The log referred to in paragraph (5) shall be:

    (a) Maintained on board the vessel;

    (b) retained for a period of two years by the owner or operator of the vessel;

    (c) open to inspection by an authorized officer or any authorized representative of the Commission upon demand;

    (d) kept on board the vessel when engaged in Pacific halibut fishing, during transits to port of landing, and until the offloading of all Pacific halibut is completed;

    (e) submitted to the DFO within seven days of offloading; and

    (f) submitted to the Commission within seven days of the final offload if not previously collected by a Commission employee.

    (8) No person shall make a false entry in a log referred to in this section.

    18. Receipt and Possession of Pacific Halibut

    (1) No person shall receive Pacific halibut caught in IPHC Regulatory Area 2A from a United States vessel that does not have on board the license required by section 5.

    (2) No person shall possess on board a vessel a Pacific halibut other than whole or with gills and entrails removed, except that this paragraph shall not prohibit the possession on board a vessel of:

    (a) Pacific halibut cheeks cut from Pacific halibut caught by persons authorized to process the Pacific halibut on board in accordance with NMFS regulations published at 50 CFR part 679;

    (b) fillets from Pacific halibut offloaded in accordance with section 18 that are possessed on board the harvesting vessel in the port of landing up to 1800 hours local time on the calendar day following the offload; 7 and

    7 DFO has more restrictive regulations; therefore, section 18 paragraph (2)(b) does not apply to fish caught in IPHC Regulatory Area 2B or landed in British Columbia.

    (c) Pacific halibut with their heads removed in accordance with section 14.

    (3) No person shall offload Pacific halibut from a vessel unless the gills and entrails have been removed prior to offloading.

    (4) It shall be the responsibility of a vessel operator who lands Pacific halibut to continuously and completely offload at a single offload site all Pacific halibut on board the vessel.

    (5) A registered buyer (as that term is defined in regulations promulgated by NMFS and codified at 50 CFR part 679) who receives Pacific halibut harvested in IFQ and CDQ fisheries in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, directly from the vessel operator that harvested such Pacific halibut must weigh all the Pacific halibut received and record the following information on Federal catch reports: Date of offload; name of vessel; vessel number (State, Tribal or Federal, not IPHC vessel number); scale weight obtained at the time of offloading, including the scale weight (in pounds) of Pacific halibut purchased by the registered buyer, the scale weight (in pounds) of Pacific halibut offloaded in excess of the IFQ or CDQ, the scale weight of Pacific halibut (in pounds) retained for personal use or for future sale, and the scale weight (in pounds) of Pacific halibut discarded as unfit for human consumption. All Pacific halibut harvested in IFQ or CDQ fisheries in Areas IPHC Regulatory 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, must be weighed with the head on and the head-on weight must be recorded on Federal catch reports as specified in this paragraph, unless the Pacific halibut is frozen at sea and exempt from the head-on landing requirement at Section 14(2).

    (6) The first recipient, commercial fish processor, or buyer in the United States who purchases or receives Pacific halibut directly from the vessel operator that harvested such Pacific halibut must weigh and record all Pacific halibut received and record the following information on State fish tickets: The date of offload; vessel number (State or Federal, not IPHC vessel number) or Tribal ID number; total weight obtained at the time of offload including the weight (in pounds) of Pacific halibut purchased; the weight (in pounds) of Pacific halibut offloaded in excess of the IFQ, CDQ, or fishing period limits; the weight of Pacific halibut (in pounds) retained for personal use or for future sale; and the weight (in pounds) of halibut discarded as unfit for human consumption. All Pacific halibut harvested in IFQ or CDQ fisheries in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, must be weighed with the head on and the head-on weight must be recorded on State fish tickets as specified in this paragraph, unless the Pacific halibut is frozen at sea and exempt from the head-on landing requirement at Section 14(2).

    (7) For Pacific halibut landings made in Alaska, the requirements as listed in paragraphs (5) and (6) can be met by recording the information in the Interagency Electronic Reporting Systems, eLandings in accordance with NMFS regulation published at 50 CFR part 679.

    (8) The master or operator of a Canadian vessel that was engaged in Pacific halibut fishing must weigh and record all Pacific halibut on board said vessel at the time offloading commences and record on Provincial fish tickets or Federal catch reports: The date; locality; name of vessel; the name(s) of the person(s) from whom the Pacific halibut was purchased; and the scale weight obtained at the time of offloading of all Pacific halibut on board the vessel including the pounds purchased, pounds in excess of IVQs, pounds retained for personal use, and pounds discarded as unfit for human consumption. All Pacific halibut must be weighed with the head on and the head-on weight must be recorded on the Provincial fish tickets or Federal catch reports as specified in this paragraph, unless the Pacific halibut is frozen at sea and exempt from the head-on landing requirement at Section 14(2).

    (9) No person shall make a false entry on a State or Provincial fish ticket or a Federal catch or landing report referred to in paragraphs (5), (6), and (8) of section 18.

    (10) A copy of the fish tickets or catch reports referred to in paragraphs (5), (6), and (8) shall be:

    (a) Retained by the person making them for a period of three years from the date the fish tickets or catch reports are made; and

    (b) open to inspection by an authorized officer or any authorized representative of the Commission.

    (11) No person shall possess any Pacific halibut taken or retained in contravention of these Regulations.

    (12) When Pacific halibut are landed to other than a commercial fish processor, the records required by paragraph (6) shall be maintained by the operator of the vessel from which that Pacific halibut was caught, in compliance with paragraph (10).

    (13) No person shall tag Pacific halibut unless the tagging is authorized by IPHC permit or by a Federal or State agency.

    19. Fishing Multiple Regulatory Areas

    (1) Except as provided in this section, no person shall possess at the same time on board a vessel Pacific halibut caught in more than one IPHC Regulatory Area.

    (2) Pacific halibut caught in more than one of the IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E may be possessed on board a vessel at the same time only if:

    (a) Authorized by NMFS regulations published at 50 CFR 679.7(f)(4); and

    (b) the operator of the vessel identifies the regulatory area in which each Pacific halibut on board was caught by separating Pacific halibut from different areas in the hold, tagging Pacific halibut, or by other means.

    20. Fishing Gear

    (1) No person shall fish for Pacific halibut using any gear other than hook and line gear,

    (a) except that vessels licensed to catch sablefish in IPHC Regulatory Area 2B using sablefish trap gear as defined in the Condition of Licence can retain Pacific halibut caught as bycatch under regulations promulgated by DFO; or

    (b) except that a person may retain Pacific halibut taken with longline or single pot gear if such retention is authorized by NMFS regulations published at 50 CFR part 679.

    (2) No person shall possess Pacific halibut taken with any gear other than hook and line gear,

    (a) except that vessels licensed to catch sablefish in IPHC Regulatory Area 2B using sablefish trap gear as defined by the Condition of Licence can retain Pacific halibut caught as bycatch under regulations promulgated by DFO; or

    (b) except that a person may possess Pacific halibut taken with longline or single pot gear if such possession is authorized by NMFS regulations published at 50 CFR part 679.

    (3) No person shall possess Pacific halibut while on board a vessel carrying any trawl nets or fishing pots capable of catching Pacific halibut,

    (a) except that in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, Pacific halibut heads, skin, entrails, bones or fins for use as bait may be possessed on board a vessel carrying pots capable of catching Pacific halibut, provided that a receipt documenting purchase or transfer of these Pacific halibut parts is on board the vessel; or

    (b) except that in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, Pacific halibut may be possessed on board a vessel carrying pots capable of catching Pacific halibut, provided such possession is authorized by NMFS regulations published at 50 CFR part 679 as referenced in paragraphs (1) and (2) of this section; or

    (c) except that in IPHC Regulatory Area 2B, Pacific halibut may be possessed on board a vessel carrying sablefish trap gear, provided such possession is authorized by the Condition of Licence regulations promulgated by DFO as referenced in paragraphs (1) and (2) of this section.

    (4) All gear marker buoys carried on board or used by any United States vessel used for Pacific halibut fishing shall be marked with one of the following:

    (a) The vessel's State license number; or

    (b) the vessel's registration number.

    (5) The markings specified in paragraph (4) shall be in characters at least four inches in height and one-half inch in width in a contrasting color visible above the water and shall be maintained in legible condition.

    (6) All gear marker buoys carried on board or used by a Canadian vessel used for Pacific halibut fishing shall be:

    (a) Floating and visible on the surface of the water; and

    (b) legibly marked with the identification plate number of the vessel engaged in commercial fishing from which that setline is being operated.

    (7) No person on board a vessel used to fish for any species of fish anywhere in IPHC Regulatory Area 2A during the 72-hour period immediately before the fishing period for the directed commercial fishery shall catch or possess Pacific halibut anywhere in those waters during that Pacific halibut fishing period unless, prior to the start of the Pacific halibut fishing period, the vessel has removed its gear from the water and has either:

    (a) Made a landing and completely offloaded its catch of other fish; or

    (b) submitted to a hold inspection by an authorized officer.

    (8) No vessel used to fish for any species of fish anywhere in IPHC Regulatory Area 2A during the 72-hour period immediately before the fishing period for the directed commercial fishery may be used to catch or possess Pacific halibut anywhere in those waters during that Pacific halibut fishing period unless, prior to the start of the Pacific halibut fishing period, the vessel has removed its gear from the water and has either:

    (a) Made a landing and completely offloaded its catch of other fish; or

    (b) submitted to a hold inspection by an authorized officer.

    (9) No person on board a vessel from which setline gear was used to fish for any species of fish anywhere in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before the opening of the Pacific halibut fishing season shall catch or possess Pacific halibut anywhere in those areas until the vessel has removed all of its setline gear from the water and has either:

    (a) Made a landing and completely offloaded its entire catch of other fish; or

    (b) submitted to a hold inspection by an authorized officer.

    (10) No vessel from which setline gear was used to fish for any species of fish anywhere in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before the opening of the Pacific halibut fishing season may be used to catch or possess Pacific halibut anywhere in those areas until the vessel has removed all of its setline gear from the water and has either:

    (a) Made a landing and completely offloaded its entire catch of other fish; or

    (b) submitted to a hold inspection by an authorized officer.

    (11) Notwithstanding any other provision in these Regulations, a person may retain, possess and dispose of Pacific halibut taken with trawl gear only as authorized by Prohibited Species Donation regulations of NMFS.

    21. Supervision of Unloading and Weighing

    The unloading and weighing of Pacific halibut may be subject to the supervision of authorized officers to assure the fulfillment of the provisions of these Regulations.

    22. Retention of Tagged Pacific Halibut

    (1) Nothing contained in these Regulations prohibits any vessel at any time from retaining and landing a Pacific halibut that bears a Commission external tag at the time of capture, if the Pacific halibut with the tag still attached is reported at the time of landing and made available for examination by a representative of the Commission or by an authorized officer.

    (2) After examination and removal of the tag by a representative of the Commission or an authorized officer, the Pacific halibut:

    (a) May be retained for personal use; or

    (b) may be sold only if the Pacific halibut is caught during commercial Pacific halibut fishing and complies with the other commercial fishing provisions of these Regulations.

    (3) Any Pacific halibut that bears a Commission external tag must count against commercial IVQs, CDQs, or IFQs unless otherwise exempted by State, Provincial, or Federal regulations.

    (4) Any Pacific halibut that bears a Commission external tag will not count against sport daily bag limits or possession limits, may be retained outside of sport fishing seasons, and are not subject to size limits in these regulations.

    (5) Any Pacific halibut that bears a Commission external tag will not count against daily bag limits, possession limits, or catch limits in the fisheries described in section 23, paragraph (7), section 24, or section 25.

    23. Fishing by United States Treaty Indian Tribes

    (1) Pacific halibut fishing in Subarea 2A-1 by members of United States treaty Indian tribes located in the State of Washington shall be regulated under regulations promulgated by NMFS and published in the Federal Register.

    (2) Subarea 2A-1 includes all waters off the coast of Washington that are north of the Quinault River, WA (47°21.00′ N lat.), and east of 125°44.00′ W long; all waters off the coast of Washington that are between the Quinault River, WA (47°21.00′ N lat.), and Point Chehalis, WA (46°53.30′ N lat.), and east of 125°08.50′ W long.; and all inland marine waters of Washington.

    (3) Section 14 (size limits), section 15 (careful release of Pacific halibut), section 17 (logs), section 18 (receipt and possession of Pacific halibut) and section 20 (fishing gear), except paragraphs (7) and (8) of section 20, apply to commercial fishing for Pacific halibut in Subarea 2A-1 by the treaty Indian tribes.

    (4) Regulations in paragraph (3) of this section that apply to State fish tickets apply to Tribal tickets that are authorized by WDFW.

    (5) Section 4 (Licensing Vessels for IPHC Regulatory Area 2A) does not apply to commercial fishing for Pacific halibut in Subarea 2A-1 by treaty Indian tribes.

    (6) Commercial fishing for Pacific halibut in Subarea 2A-1 is permitted with hook and line gear from 24 March through 7 November, or until 435,900 pounds (197.72 metric tons) net weight is taken, whichever occurs first.

    (7) Ceremonial and subsistence fishing for Pacific halibut in Subarea 2A-1 is permitted with hook and line gear from January 1 through December 31, and is estimated to take 29,600 pounds (13.43 metric tons) net weight.

    24. Customary and Traditional Fishing in Alaska

    (1) Customary and traditional fishing for Pacific halibut in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall be governed pursuant to regulations promulgated by NMFS and published in 50 CFR part 300.

    (2) Customary and traditional fishing is authorized from 1 January through 31 December.

    25. Aboriginal Groups Fishing for Food, Social and Ceremonial Purposes in British Columbia

    (1) Fishing for Pacific halibut for food, social and ceremonial purposes by Aboriginal groups in IPHC Regulatory Area 2B shall be governed by the Fisheries Act of Canada and regulations as amended from time to time.

    26. Sport Fishing for Pacific Halibut—General

    (1) No person shall engage in sport fishing for Pacific halibut using gear other than a single line with no more than two hooks attached; or a spear.

    (2) Any size limit promulgated under IPHC or NMFS regulations shall be measured in a straight line passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail.

    (3) Any Pacific halibut brought aboard a vessel and not immediately returned to the sea with a minimum of injury will be included in the daily bag limit of the person catching the Pacific halibut.

    (4) No person may possess Pacific halibut on a vessel while fishing in a closed area.

    (5) No Pacific halibut caught by sport fishing shall be offered for sale, sold, traded, or bartered.

    (6) No Pacific halibut caught in sport fishing shall be possessed on board a vessel when other fish or shellfish aboard said vessel are destined for commercial use, sale, trade, or barter.

    (7) The operator of a charter vessel shall be liable for any violations of these Regulations committed by an angler on board said vessel. In Alaska, the charter vessel guide, as defined in 50 CFR 300.61 and referred to in 50 CFR 300.65, 300.66, and 300.67, shall be liable for any violation of these Regulations committed by an angler on board a charter vessel.

    27. Sport Fishing for Pacific Halibut—IPHC Regulatory Area 2A

    (1) The total allowable catch of Pacific halibut shall be limited to:

    (a) 237,762 pounds (107.85 metric tons) net weight in waters off Washington;

    (b) 256,757 pounds (116.46 metric tons) net weight in waters off Oregon; and

    (c) 34,580 pounds (15.69 metric tons) net weight in waters off California.

    (2) The Commission shall determine and announce closing dates to the public for any area in which the catch limits promulgated by NMFS are estimated to have been taken.

    (3) When the Commission has determined that a subquota under paragraph (8) of this section is estimated to have been taken, and has announced a date on which the season will close, no person shall sport fish for Pacific halibut in that area after that date for the rest of the year, unless a reopening of that area for sport halibut fishing is scheduled in accordance with the Catch Sharing Plan for IPHC Regulatory Area 2A, or announced by the Commission.

    (4) In California, Oregon, or Washington, no person shall fillet, mutilate, or otherwise disfigure a Pacific halibut in any manner that prevents the determination of minimum size or the number of fish caught, possessed, or landed.

    (5) The possession limit on a vessel for Pacific halibut in the waters off the coast of Washington is the same as the daily bag limit. The possession limit for Pacific halibut on land in Washington is two daily bag limits.

    (6) The possession limit on a vessel for Pacific halibut caught in the waters off the coast of Oregon is the same as the daily bag limit. The possession limit for Pacific halibut on land in Oregon is three daily bag limits.

    (7) The possession limit on a vessel for Pacific halibut caught in the waters off the coast of California is one daily bag limit. The possession limit for Pacific halibut on land in California is one daily bag limit.

    (8) Specific regulations describing fishing periods, catch limits, fishing dates, and daily bag limits are promulgated by NMFS and published in the Federal Register.

    28. Sport Fishing for Pacific Halibut—IPHC Regulatory Area 2B

    (1) In all waters off British Columbia: 89

    8 DFO could implement more restrictive regulations for the sport fishery, therefore anglers are advised to check the current Federal or Provincial regulations prior to fishing.

    9 For regulations on the experimental recreational fishery implemented by DFO check the current Federal or Provincial regulations.

    (a) The sport fishing season will open on 1 February unless more restrictive regulations are in place;

    (b) the sport fishing season will close when the sport catch limit allocated by DFO, is taken, or 31 December, whichever is earlier; and

    (c) the daily bag limit is two Pacific halibut of any size per day per person.

    (2) In British Columbia, no person shall fillet, mutilate, or otherwise disfigure a Pacific halibut in any manner that prevents the determination of minimum size or the number of fish caught, possessed, or landed.

    (3) The possession limit for Pacific halibut in the waters off the coast of British Columbia is three Pacific halibut.910

    29. Sport Fishing for Pacific Halibut—IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E

    (1) In Convention waters in and off Alaska: 1011

    10 NMFS could implement more restrictive regulations for the sport fishery or components of it, therefore, anglers are advised to check the current Federal or State regulations prior to fishing.

    11 Charter vessels are prohibited from harvesting Pacific halibut in IPHC Regulatory Areas 2C and 3A during one charter vessel fishing trip under regulations promulgated by NMFS at 50 CFR 300.66.

    (a) The sport fishing season is from 1 February to 31 December.

    (b) The daily bag limit is two Pacific halibut of any size per day per person unless a more restrictive bag limit applies in Commission regulations or Federal regulations at 50 CFR 300.65.

    (c) No person may possess more than two daily bag limits.

    (d) No person shall possess on board a vessel, including charter vessels and pleasure craft used for fishing, Pacific halibut that have been filleted, mutilated, or otherwise disfigured in any manner, except that each Pacific halibut may be cut into no more than 2 ventral pieces, 2 dorsal pieces, and 2 cheek pieces, with a patch of skin on each piece, naturally attached.

    (e) Pacific halibut in excess of the possession limit in paragraph (1)(c) of this section may be possessed on a vessel that does not contain sport fishing gear, fishing rods, hand lines, or gaffs.

    (f) Pacific halibut harvested on a charter vessel fishing trip in IPHC Regulatory Areas 2C or 3A must be retained on board the charter vessel on which the Pacific halibut was caught until the end of the charter vessel fishing trip as defined at 50 CFR 300.61.

    (g) Guided angler fish (GAF), as described at 50 CFR 300.65, may be used to allow a charter vessel angler to harvest additional Pacific halibut up to the limits in place for unguided anglers, and are exempt from the requirements in paragraphs (2) and (3) of this section.

    (2) For guided sport fishing (as referred to in 50 CFR 300.65) in IPHC Regulatory Area 2C:

    (a) The total allocation, including estimated harvest and discard mortality (wastage), is 915,000 pounds (415.04 metric tons).

    (b) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain more than one Pacific halibut per calendar day.

    (c) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain any Pacific halibut that with head on is greater than 44 inches (111.8 cm) and less than 80 inches (203.2 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail.

    (3) For guided sport fishing (as referred to in 50 CFR 300.65) in IPHC Regulatory Area 3A:

    (a) The total allocation, including estimated harvest and discard mortality (wastage), is 1,890,000 pounds (857.29 metric tons).

    (b) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain more than two Pacific halibut per calendar day.

    (c) At least one of the retained Pacific halibut must have a head-on length of no more than 28 inches (71.1 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail. If a person sport fishing on a charter vessel in IPHC Regulatory Area 3A retains only one Pacific halibut in a calendar day, that Pacific halibut may be of any length.

    (d) A charter halibut permit (as referred to in 50 CFR 300.67) may only be used for one charter vessel fishing trip in which Pacific halibut are caught and retained per calendar day. A charter vessel fishing trip is defined at 50 CFR 300.61 as the time period between the first deployment of fishing gear into the water by a charter vessel angler (as defined at 50 CFR 300.61) and the offloading of one or more charter vessel anglers or any Pacific halibut from that vessel. For purposes of this trip limit, a charter vessel fishing trip ends at 2359 (Alaska local time) on the same calendar day that the fishing trip began, or when any anglers or Pacific halibut are offloaded, whichever comes first.

    (e) A charter vessel on which one or more anglers catch and retain Pacific halibut may only make one charter vessel fishing trip per calendar day. A charter vessel fishing trip is defined at 50 CFR 300.61 as the time period between the first deployment of fishing gear into the water by a charter vessel angler (as defined at 50 CFR 300.61) and the offloading of one or more charter vessel anglers or any Pacific halibut from that vessel. For purposes of this trip limit, a charter vessel fishing trip ends at 2359 (Alaska local time) on the same calendar day that the fishing trip began, or when any anglers or Pacific halibut are offloaded, whichever comes first.

    (f) No person on board a charter vessel may catch and retain Pacific halibut on any Wednesday, or on the following Tuesdays: 17 July, 24 July, and 31 July.

    (g) Charter vessel anglers may catch and retain no more than four (4) Pacific halibut per calendar year on board charter vessels in IPHC Regulatory Area 3A. Pacific halibut that are retained as GAF, retained while on a charter vessel fishing trip in other Commission regulatory areas, or retained while fishing without the services of a guide do not accrue toward the 4-fish annual limit. For purposes of enforcing the annual limit, each angler must:

    (1) Maintain a nontransferable harvest record in the angler's possession if retaining a Pacific halibut for which an annual limit has been established. Such harvest record must be maintained either on the back of the angler's State of Alaska sport fishing license or on a Sport Fishing Harvest Record Card obtained, without charge, from ADFG offices, the ADFG website, or fishing license vendors; and

    (2) immediately upon retaining a Pacific halibut for which an annual limit has been established, record the date, location (IPHC Regulatory Area 3A), and species of the catch (Pacific halibut), in ink, on the harvest record; and

    (3) record the information required by paragraph 3(g)(2) on any duplicate or additional sport fishing license issued to the angler or any duplicate or additional Sport Fishing Harvest Record Card obtained by the angler for all Pacific halibut previously retained during that year that were subject to the harvest record reporting requirements of this section; and

    (4) carry the harvest record on his or her person while fishing for Pacific halibut.

    30. Previous Regulations Superseded

    These Regulations shall supersede all previous regulations of the Commission, and these Regulations shall be effective each succeeding year until superseded.

    BILLING CODE 3510-22-P EN09MR18.006 BILLING CODE 3510-22-C Classification IPHC Regulations

    These IPHC annual management measures are a product of an agreement between the United States and Canada and are published in the Federal Register to provide notice of their effectiveness and content. Pursuant to section 4 of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c, the Secretary of State, with the concurrence of the Secretary of Commerce, may “accept or reject” but not modify these recommendations of the IPHC. The notice-and-comment and delay-in-effectiveness date provisions of the Administrative Procedure Act (APA), 5 U.S.C. 553(b) and (d), are inapplicable to IPHC management measures because this regulation involves a foreign affairs function of the United States, 5 U.S.C. 553(a)(1). As stated above, the Secretary of State has no discretion to modify the recommendations of the IPHC. The additional time necessary to comply with the notice-and-comment and delay-in-effectiveness requirements of the APA would disrupt coordinated international conservation and management of the halibut fishery pursuant to the Convention. Furthermore, no other law requires prior notice and public comment for this rule. Because prior notice and an opportunity for public comment are not required to be provided for these portions of this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory Flexibility Analysis is required for this portion of the rule and none has been prepared. This final rule has been determined to be not significant for the purposes of Executive Order 12866.

    Authority:

    16 U.S.C. 773 et seq.

    Dated: March 6, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2018-04818 Filed 3-8-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769-8162-02] RIN 0648-XF893 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Hook-and-Line Catcher/Processors in the Central Regulatory Area of the Gulf of Alaska AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is prohibiting directed fishing for Pacific cod by hook-and-line catcher/processors in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2018 Pacific cod total allowable catch apportioned to hook-and-line catcher/processors in the Central Regulatory Area of the GOA.

    DATES:

    Effective 1200 hours, Alaska local time (A.l.t.), March 6, 2018, through 1200 hours, A.l.t., June 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680.

    The A season allowance of the 2018 Pacific cod total allowable catch (TAC) apportioned to hook-and-line catcher/processors in the Central Regulatory Area of the GOA is 248 metric tons (mt), as established by the final 2018 and 2019 harvest specifications for groundfish of the GOA (83 FR 8786, March 1, 2018).

    In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator) has determined that the A season allowance of the 2018 Pacific cod TAC apportioned to hook-and-line catcher/processors in the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 238 mt and is setting aside the remaining 10 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by hook-and-line catcher/processors in the Central Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the directed fishing closure of Pacific cod by hook-and-line catcher/processors in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 5, 2018.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 6, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-04826 Filed 3-6-18; 4:15 pm] BILLING CODE 3510-22-P
    83 47 Friday, March 9, 2018 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Chapter I [NRC-2018-0038] Clarification of the Requirements for Reactor Pressure Vessel Upper Head Bare Metal Visual Examinations AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Draft regulatory issue summary; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on a draft regulatory issue summary (RIS). The draft RIS informs all addressees of a clarification of the requirements for the bare metal visual examination. The draft RIS is relevant to all holders and applicants for a pressurized-water power reactor (PWR) operating license or construction permit, except those that have certified that they have permanently ceased operations and have permanently removed all fuel from the reactor vessel.

    DATES:

    Submit comments by May 8, 2018. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0038. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287-9127; email: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Mail comments to: May Ma, Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Stephen Cumblidge, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2823, email: [email protected].

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2018-0038 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0038.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. NRC Draft Regulatory Issue Summary 2018-XX, “Clarification of the Requirements for Reactor Pressure Vessel Upper Head Bare Metal Visual Examinations,” is available in ADAMS under Accession ML17228A409.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2018-0038 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

    II. Background

    The NRC issues RISs to communicate with stakeholders on a broad range of matters. This may include communicating and clarifying NRC technical or policy positions on regulatory matters that have not been communicated to or are not broadly understood by the nuclear industry. This draft RIS informs addressees of a clarification of the requirements for the bare metal visual examination, which can be either the visual examination (VE) of the bare metal of the upper head or a visual testing (VT)-2 examination under the insulation to meet the requirements of notes 1 and 4 in Table 1 in the American Society of Mechanical Engineers (ASME) Code Case N-729-4, “Alternative Examination Requirements for PWR Reactor Vessel Upper Heads With Nozzles Having Pressure-Retaining Partial-Penetration Welds Section XI, Division 1.”

    Proposed Action

    The NRC is requesting public comments on the draft RIS. The NRC staff will make a final determination regarding issuance of the RIS after it considers any public comments received in response to this request.

    Dated at Rockville, Maryland, this 26th day of February 2018.

    For the Nuclear Regulatory Commission.

    Tanya M. Mensah, Senior Project Manager, ROP and Generic Communications Branch, Division of Inspection and Regional Support, Office of Nuclear Reactor Regulation.
    [FR Doc. 2018-04350 Filed 3-8-18; 8:45 am] BILLING CODE 7590-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0160; Product Identifier 2017-NM-139-AD] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc., Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2016-24-03, which applies to certain Bombardier, Inc., Model DHC-8-400 series airplanes. AD 2016-24-03 requires repetitive detailed inspections of barrel nuts and cradles, a check of the bolt torque of the preload indicating (PLI) washers, and corrective actions if necessary. Since we issued AD 2016-24-03, the manufacturer has developed a modification that, when incorporated, terminates the repetitive inspections. This proposed AD would require modifying the airplane by installing a sealing disk to a certain location and replacing certain barrel nuts. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by April 23, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    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-2018-0160; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Aziz Ahmed, Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; fax 516-794-5531.

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0160; Product Identifier 2017-NM-139-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    We issued AD 2016-24-03, Amendment 39-18720 (81 FR 88623, December 8, 2016) (“AD 2016-24-03”), for certain Bombardier, Inc., Model DHC-8-400 series airplanes. AD 2016-24-03 requires repetitive detailed inspections of barrel nuts and cradles, a check of the bolt torque of the PLI washers, and corrective action if necessary. AD 2016-24-03 resulted from reports of cracked and corroded barrel nuts found at the mid-spar location of the horizontal-stabilizer-to-vertical-stabilizer attachment joint. We issued AD 2016-24-03 to detect and correct cracked and corroded barrel nuts, which could compromise the structural integrity of the vertical-stabilizer attachment joints and lead to loss of control of the airplane.

    Actions Since AD 2016-24-03 Was Issued

    Since we issued AD 2016-24-03, Bombardier, Inc. has issued new service information that describes a modification. We have determined that accomplishment of this modification will address the unsafe condition and terminate the repetitive inspections required by AD 2016-24-03. This modification was applied to certain airplanes in production.

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2015-13R1, dated June 26, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc., Model DHC-8-400 series airplanes. The MCAI states:

    There has been one in-service report of a cracked and corroded barrel nut, part number (P/N) DSC228-12, found at the mid-spar location of the horizontal stabilizer to vertical stabilizer attachment joint. There have also been two other reports of corroded barrel nuts found at mid-spar locations.

    Preliminary investigation determined that the cracking is initiated by corrosion. Further investigation confirmed that the corrosion was caused by inadequate cadmium plating on the barrel nuts. Failure of the barrel nuts could compromise the structural integrity of the joint and could lead to loss of control of the aeroplane.

    The original version of this [Canadian] AD was issued to mandate the initial and repetitive inspections of the barrel nuts [and cradles for cracks and corrosion] at each of the horizontal stabilizer to vertical stabilizer attachment joints.

    Revision 1 of this [Canadian] AD is issued to terminate the repetitive inspection requirement by requiring the incorporation of a modification to install a sealing disc at the middle spar location of the horizontal stabilizer to vertical stabilizer attachment joint, and the replacement of the DSC228 series barrel nuts with B0203073 series barrel nuts that are more resistant to corrosion. The applicability has been changed to account for the introduction of the modifications in production.

    Required actions include a bolt preload check of the PLI washers and applicable corrective actions (retorque of the bolts and replacement of the barrel nut), a detailed inspection of cracked or broken barrel nuts for damaged bores of the fittings, replacement of discrepant barrel nuts (those with signs of structural damaged, corrosion, or cracking, or having a part number other than B0203073 series), adding an aluminum sealing disk to the mid-spar barrel nut bore, and repair of damage and corrosion.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0160.

    Explanation of Changes From AD 2016-24-03

    In paragraph (h)(2) of AD 2016-24-03, we stated “. . . replace the barrel nut accomplish corrective actions in accordance with [methods approved by the FAA, TCCA, or Bombardier's TCCA Design Approval Organization].” We intended to match the language in the MCAI and allow operators to either replace the discrepant barrel nut in accordance with the applicable service information or to request an alternative method of compliance (AMOC). In addition, we left “paragraph (h)(2)” out of the credit paragraph in AD 2016-24-03. We have updated the retained requirements in this proposed AD to correct those errors.

    Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued the following service information.

    • Bombardier Service Bulletin 84-55-06, dated January 31, 2017. The service information describes procedures for installing an aluminum sealing disk at the mid-spar location of the vertical stabilizer.

    • Bombardier Service Bulletin 84-55-08, Revision A, dated August 2, 2017. The service information describes procedures for an inspection for part number and damage of the barrel nuts at the horizontal-to-vertical-stabilizer attachment joints, and replacement of discrepant parts.

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

    FAA's Determination and Requirements of This Proposed AD

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

    Differences Between This Proposed AD and the MCAI or Service Information

    The applicability of Canadian AD CF-2015-13R1, dated June 26, 2017, is limited to Bombardier, Inc., Model DHC-8-400, -401 and -402 airplanes, serial numbers 4001 through 4547. However, the applicability of this proposed AD includes Bombardier, Inc., Model DHC-8-400, -401 and -402 airplanes, serial numbers 4001 and subsequent. Because the affected barrel nuts are rotable parts, we have determined that discrepant parts could later be installed on airplanes that were initially delivered with B0203073 series barrel nuts, thereby subjecting those airplanes to the unsafe condition.

    Costs of Compliance

    We estimate that this proposed AD affects 54 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspections (retained actions from AD 2016-24-03) 8 work-hours × $85 per hour = $680 $0 $680 $36,720 Sealing disk installation (new proposed action) 4 work-hours × $85 per hour = $340 781 1,121 60,534 Replacement of DSC228 series barrel nuts (new proposed action) 2 work-hours × $85 per hour = $170 2,236 2,406 129,924

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replacement (retained action from AD 2016-24-03) 2 work-hours × $85 per hour = $170 $8,881 $9,051

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2016-24-03, Amendment 39-18720 (81 FR 88623, December 8, 2016), and adding the following new AD: Bombardier, Inc.: Docket No. FAA-2018-0160; Product Identifier 2017-NM-139-AD. (a) Comments Due Date

    We must receive comments by April 23, 2018.

    (b) Affected ADs

    This AD replaces AD 2016-24-03, Amendment 39-18720 (81 FR 88623, December 8, 2016) (“AD 2016-24-03”).

    (c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-400, -401 and -402 airplanes, certificated in any category, serial numbers 4001 and subsequent.

    (d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

    (e) Reason

    This AD was prompted by reports of cracked and corroded barrel nuts found at the mid-spar location of the horizontal-stabilizer-to-vertical-stabilizer attachment joint, and the issuance of new service information that includes a terminal modification. We are issuing this AD to detect and correct cracked and corroded barrel nuts, which could compromise the structural integrity of the vertical-stabilizer attachment joints and lead to loss of control of the airplane.

    (f) Compliance

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

    (g) Retained Detailed Inspection of Barrel Nuts for Cracks and Corrosion, With No Changes

    This paragraph restates the requirements of paragraphs (g)(1) and (g)(2) of AD 2016-24-03, with no changes.

    (1) For airplanes that have accumulated 5,400 flight hours or more, or have been in service 32 months or more since the date of issuance of the original certificate of airworthiness or the date of issuance of the original export certificate of airworthiness, as of January 12, 2017 (the effective date of AD 2016-24-03): Within 600 flight hours or 4 months, whichever occurs first after January 12, 2017, do a detailed visual inspection for signs of cracks and corrosion of the barrel nut and cradle, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Alert Service Bulletin A84-55-04, Revision C, dated May 3, 2016.

    (2) For airplanes that have less than 5,400 flight hours, and have been in-service for less than 32 months since the date of issuance of the original certificate of airworthiness or the date of issuance of the original export certificate of airworthiness, as of January 12, 2017: Before the accumulation of 6,000 total flight hours or 36 months since the date of issuance of the original certificate of airworthiness or the date of issuance of the original export certificate of airworthiness, whichever occurs first, do a detailed visual inspection of the barrel nut for signs of cracks and corrosion of the barrel nut and cradle, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Alert Service Bulletin A84-55-04, Revision C, dated May 3, 2016.

    (h) Retained Corrective Actions, Detailed Inspection, and Repetitive Inspections, With New Service Information, Reference to Terminating Action, and Reference to Corrective Actions

    This paragraph restates the requirements of paragraph (h) of AD 2016-24-03, with new service information and terminating action. Depending on the findings of any inspection required by paragraphs (g) and (j) of this AD, do the applicable actions in paragraphs (h)(1), (h)(2), (h)(3), and (h)(4) of this AD. Accomplishment of the actions required by paragraphs (l) and (m) of this AD, as applicable, terminates the requirements of this paragraph.

    (1) If any barrel nut or cradle is found cracked or broken, before further flight, replace the barrel nut and associated hardware, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-55-08, Revision A, dated August 2, 2017.

    (i) Concurrently with the replacement of any barrel nut, do a detailed inspection for corrosion and damage of the bore of the fitting, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-55-08, Revision A, dated August 2, 2017, and, before further flight, repair all corrosion and damage, in accordance with Bombardier Repair Drawing (RD) 8/4-55-1143, Issue 1, dated May 21, 2015. If the bore of the fitting cannot be repaired in accordance with Bombardier RD 8/4-55-1143, Issue 1, dated May 21, 2015, accomplish corrective actions in accordance with the procedures specified in paragraph (q)(2) of this AD.

    (ii) Within 600 flight hours or 4 months, whichever occurs first, after the replacement of a cracked barrel nut, replace the remaining barrel nuts and their associated hardware at the horizontal-stabilizer-to-vertical-stabilizer attachment joints, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-55-08, Revision A, dated August 2, 2017.

    (2) If any corrosion is found on any barrel nut on the front or rear-spar joints, before further flight, replace the barrel nut in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-55-08, Revision A, dated August 2, 2017, or accomplish corrective actions in accordance with the procedures specified in paragraph (q)(2) of this AD.

    (3) If any corrosion above level 1, as defined in Bombardier Alert Service Bulletin A84-55-04, Revision C, dated May 3, 2016, is found on a barrel nut at the mid-spar joint, before further flight, replace the barrel nut and accomplish corrective actions in accordance with the procedures specified in paragraph (q)(2) of this AD.

    (4) If all corrosion found is at level 1 or below, as defined in Bombardier Alert Service Bulletin A84-55-04, Revision C, dated May 3, 2016, on a barrel nut at the mid-spar joint, repeat the inspection specified in paragraph (g) of this AD at intervals not to exceed 600 flight hours or 4 months, whichever occurs first, until completion of the actions required by paragraph (k) of this AD.

    (i) Retained Preload Indicating (PLI) Washer Check, With New Terminating Action

    This paragraph restates the requirements of paragraph (i) of AD 2016-24-03, with new terminating action. For airplanes with PLI washers installed at the front and rear-spar joints, before further flight after accomplishing any inspection required by paragraph (g) of this AD and all applicable corrective actions required by paragraph (h) of this AD, check the bolt preload, and do all applicable corrective actions, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Alert Service Bulletin A84-55-04, Revision C, dated May 3, 2016. Do all applicable corrective actions before further flight. Accomplishment of the actions required by paragraphs (l) and (m) of this AD, as applicable, terminates the requirements of this paragraph.

    (j) Retained Repetitive Inspection Interval, With New Terminating Action

    This paragraph restates the requirements of paragraph (j) of AD 2016-24-03, with new terminating action. Repeat the inspection and preload check required by paragraphs (g) and (i) of this AD at intervals not to exceed 3,600 flight hours or 18 months, whichever occurs first, except as provided by paragraph (k) of this AD. Accomplishment of the actions required by paragraphs (l) and (m) of this AD, as applicable, terminates the requirements of this paragraph.

    (k) Retained Optional Barrel Nut Replacement, With New Service Information

    This paragraph restates the provisions of paragraph (k) of AD 2016-24-03, with new service information. Inspection and replacement of all barrel nuts at the horizontal-stabilizer-to-vertical-stabilizer attachment joints, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-55-08, Revision A, dated August 2, 2017, extends the next inspection required by paragraph (j) of this AD to within 6,000 flight hours or 36 months, whichever occurs first, after accomplishing the replacement.

    (l) New Requirement of This AD: Sealing Disk Installation

    Within 8,000 flight hours or 48 months, whichever occurs first, after the effective date of this AD, install a sealing disk at the mid-spar location of the vertical stabilizer in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-55-06, dated January 31, 2017. Accomplishment of the actions required by paragraphs (l) and (m) of this AD, as applicable, terminates the requirements of paragraphs (h), (i), and (j) of this AD.

    (m) New Requirement of This AD: Replacement of DSC228 Series Barrel Nuts

    For Bombardier, Inc., Model DHC-8-400, -401 and -402 airplanes, serial numbers 4001 through 4524 inclusive: Within 8,000 flight hours or 48 months, whichever occurs first, after the effective date of this AD, replace all DSC228 series barrel nuts at the horizontal-stabilizer-to-vertical-stabilizer attachment joints with B0203073 series barrel nuts in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-55-08, Revision A, dated August 2, 2017. Accomplishment of the actions required by paragraphs (l) and (m) of this AD, as applicable, terminates the requirements of paragraphs (h), (i), and (j) of this AD.

    (n) Parts Installation Prohibition

    After modification of an airplane as required by paragraphs (l) and (m) of this AD, no person may install a DSC228 series barrel nut at the horizontal-stabilizer-to-vertical-stabilizer attachment joint on the modified airplane.

    (o) Terminating Actions

    Accomplishment of the actions required by paragraphs (l) and (m) of this AD, as applicable, terminates the requirements of paragraphs (h), (i), and (j) of this AD.

    (p) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by paragraphs (g)(1), (g)(2), (h)(1), (h)(1)(i), (h)(1)(ii), (h)(2), (h)(3), (h)(4), (i), and (k) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraphs (p)(1)(i) through (p)(1)(iii) of this AD.

    (i) Bombardier Alert Service Bulletin A84-55-04, dated May 21, 2015, which is not incorporated by reference in this AD.

    (ii) Bombardier Alert Service Bulletin A84-55-04, Revision A, dated June 2, 2015, which is not incorporated by reference in this AD.

    (iii) Bombardier Alert Service Bulletin A84-55-04, Revision B, dated July 30, 2015, which is not incorporated by reference in this AD.

    (2) This paragraph provides credit for actions required by paragraphs (h)(1), (h)(1)(i), (h)(1)(ii), (h)(2), and (k) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraphs (p)(2)(i) and (p)(2)(ii) of this AD.

    (i) Bombardier Service Bulletin 84-55-08, dated January 27, 2017, which is not incorporated by reference in this AD.

    (ii) Bombardier Alert Service Bulletin A84-55-04, Revision C, dated May 3, 2016, which was incorporated by reference in AD 2016-24-03.

    (q) Other FAA AD Provisions

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

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

    (ii) AMOCs approved previously for AD 2016-24-03 are approved as AMOCs for the corresponding provisions of this AD.

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

    (r) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) TCCA Airworthiness Directive CF-2015-13R1, dated June 26, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0160.

    (2) For more information about this AD, contact Aziz Ahmed, Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; fax 516-794-5531.

    (3) For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; internet http://www.bombardier.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Issued in Renton, Washington, on March 2, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-04720 Filed 3-8-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0165; Product Identifier 2017-NM-122-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318-111 and -112 airplanes, Model A319-111, -112, -113, -114, and -115 airplanes, Model A320-211, -212, -214, and -216 airplanes, and Model A321-111, -112, -211, -212, and -213 airplanes. This proposed AD was prompted by a report of a production quality deficiency on the inner retainer installed on link assemblies of the aft engine mount, which could result in failure of the retainer. This proposed AD would require modifying and re-identifying the aft engine mount assemblies. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by April 23, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For Airbus service information identified in this NPRM, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; internet http://www.airbus.com.

    For Goodrich Aerospace service information identified in this NPRM, contact Goodrich Corporation, Aerostructures, 850 Lagoon Drive, Chula Vista, CA 91910-2098; phone: 619-691-2719; email: [email protected]; internet: http://www.goodrich.com/TechPubs.

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

    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-2018-0165; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0165; Product Identifier 2017-NM-122-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM based on those comments.

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

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2017-0251, dated December 15, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A318-111 and -112 airplanes, Model A319-111, -112, -113, -114, and -115 airplanes, Model A320-211, -212, -214, and -216 airplanes, and Model A321-111, -112, -211, -212, and -213 airplanes. The MCAI states:

    During in-service inspections, several aft engine mount inner retainers, fitted on aeroplanes equipped with CFM56-5A/5B engines, were found broken. Investigation identified that the main cause of crack initiation was the vibration dynamic effect that affects the retainers, and that the “dull” surface finish pitting is an aggravating factor when compared with the “bright” surface finishing.

    This condition, if not detected and corrected, could lead to in-flight loss of an aft engine mount link, possibly resulting in damage to the aeroplane and/or injury to persons on the ground.

    To address this potential unsafe condition, Airbus issued Alert Operators Transmission (AOT) A71N001-12 (later revised) and EASA issued AD 2013-0050 [which corresponds to FAA AD 2014-14-06, Amendment 39-17901 (79 FR 42655, July 23, 2014)], later superseded by EASA AD 2015-0021 [which corresponds to FAA AD 2016-14-09, Amendment 39-18590 (81 FR 44989, July 12, 2016) (“AD 2016-14-09”)], requiring repetitive detailed inspections (DET) of all aft engine mount inner retainers and, depending on findings, their replacement.

    After EASA AD 2015-0021 was issued, a production quality deficiency was identified by Airbus and Goodrich Aerostructures, the engine mount retainer manufacturer, on the inner retainer, Part Number (P/N) 238-0252-505, installed in the three link assemblies of the engine mount fitted on CFM56-5A/5B engines. Airbus issued AOT A71N011-15 and Service Bulletin (SB) A320-71-1070, providing a list of affected parts and applicable corrective actions.

    Consequently, EASA issued AD 2016-0010 (later revised), retaining the requirements of EASA AD 2015-0021, which was superseded, and in addition requiring the identification and replacement of all non-conforming aft engine mount inner retainers [EASA AD 2016-0010 R1 corresponds to FAA AD 2017-04-10, Amendment 39-18805 (82 FR 11791, February 27, 2017) (“AD 2017-04-10”)].

    After that [EASA] AD was issued, a new engine mount retainer was developed by Goodrich Aerostructures to improve the retainer efficiency. For retrofit purposes, Goodrich Aerostructures issued SB RA32071-164, and Airbus issued SB A320-71-1071, providing instructions to modify and re-identify the engine mount assemblies as instructed in the Goodrich Aerostructures SB. Subsequently, it was observed that, on aeroplanes equipped with certain engines fitted with a Turbine Rear Frame (TRF) with 4 lugs configuration, the installation of the new engine mount retainers can lead to interference, and Goodrich Aerostructures revised SB RA32071-164, providing instructions not to install the new engine retainers on affected engines. Airbus SB A320-71-1071 is expected to be revised accordingly. For engines fitted with a TRF with 4 lugs, a new installation (potentially requiring different engine mount retainers) is being developed by Goodrich Aerospace and Airbus.

    Consequently, EASA issued AD 2017-0138, retaining the requirements of EASA AD 2016-0010R1, which was superseded, and, except for aeroplanes equipped with engines fitted with a TRF with 4 lugs configuration, requiring modification and identification of aft engine mount assemblies as terminating action for the repetitive inspections of the retainers. That [EASA] AD also included additional instructions applicable to installation of engines fitted with a TRF with 4 lugs configuration.

    Since EASA AD 2017-0138 was issued, it was determined that installation of new engine mount assemblies must not be allowed for some specific engine configurations, and that installation of Goodrich Aerostructures SB RA32071-164 alone can be referred to, in order to accomplish the terminating action as required by that [EASA] AD.

    For the reason described above, this [EASA] AD retains the requirements of EASA AD 2017-0138, which is superseded, adds reference to Goodrich Aerostructures SB RA32071-164 * * *, and introduces new requirement for aeroplanes equipped with engines fitted with a TRF with 4 lugs configuration.

    This NPRM would not supersede AD 2017-04-10. Rather, we have determined that a stand-alone AD would be more appropriate to address the changes in the MCAI. This NPRM would require modifying and re-identifying the aft engine mount assemblies. Accomplishment of the proposed actions would then terminate the repetitive detailed inspections required by paragraph (l) of AD 2016-14-09, and serve as a method of compliance for the requirements of paragraph (g) of AD 2017-04-10. You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0165.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-71-1071, dated November 8, 2016. Goodrich Aerostructures has issued Service Bulletin RA32071-164, Revision 1, dated July 19, 2017. The service information describes procedures for modifying and re-identifying the aft engine mount retainer assembly. These documents are distinct since they apply to different airplane models in different configurations.

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

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 500 airplanes of U.S. registry.

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

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Modification and re-identification 20 work-hours × $85 per hour = $1,700 $3,152 $4,852 $2,426,000
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2018-0165; Product Identifier 2017-NM-122-AD. (a) Comments Due Date

    We must receive comments by April 23, 2018.

    (b) Affected ADs

    This AD affects AD 2016-14-09, Amendment 39-18590 (81 FR 44989, July 12, 2016) (“AD 2016-14-09”); and AD 2017-04-10, Amendment 39-18805 (82 FR 11791, February 27, 2017) (“AD 2017-04-10”).

    (c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs (c)(1) through (c)(4) of this AD, certificated in any category, all manufacturer serial numbers.

    (1) Model A318-111 and -112 airplanes.

    (2) Model A319-111, -112, -113, -114, and -115 airplanes.

    (3) Model A320-211, -212, -214, and -216 airplanes.

    (4) Model A321-111, -112, -211, -212, and -213 airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

    (e) Reason

    This AD was prompted by a report of a production quality deficiency on the inner retainer installed on link assemblies of the aft engine mount, which could result in failure of the retainer. We are issuing this AD to address non-conforming retainers of the aft engine mount. This condition could result in loss of the locking feature of the nuts of the inner and outer pins; loss of the pins will result in the aft mount engine link no longer being secured to the aft engine mount, possibly resulting in damage to the airplane.

    (f) Compliance

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

    (g) Definitions

    (1) For the purpose of this AD: A Group 1 airplane has an aft engine mount assembly installed, having a part number (P/N) identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD. A Group 2 airplane does not have any aft engine mount assembly installed having a part number identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD.

    (2) For the purpose of this AD, a 4-lugs engine is a CFM56-5A1, CFM56-5A3, CFM56-5A4, CFM56-5A4/F, CFM56-5A5, or CFM56-5A5/F engine, fitted with a turbine rear frame (TRF) having a part number as identified in figure 2 to paragraph (g) of this AD.

    Figure 1 to Paragraphs (g), (h), (i), (j), (k), and (l) of this AD—Part Re-Identification Old P/N New P/N 238-0230-11 238M0230-11 238-0230-15 238M0230-15 238-0230-5 238M0230-5 642-2300-3 642-2300-11 Figure 2 to Paragraph (g) of This AD—TRF With 4-Lugs Configuration Part No. 336-031-615-0 336-031-617-0 336-031-618-0 336-031-621-0 336-031-650-0 336-031-651-0 336-031-652-0 336-031-653-0 336-031-660-0 336-031-661-0 336-031-662-0 336-031-663-0 336-031-670-0 336-031-671-0 336-031-672-0 336-031-673-0 336-031-640-0 336-031-642-0 (h) Modification

    For Group 1 airplanes: Within 48 months after the effective date of this AD, except for 4-lugs engines, modify the aft engine mount assembly, having a part number identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD, and re-identify it with the corresponding part number identified as “New P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-71-1071, dated November 8, 2016; or Goodrich Aerostructures Service Bulletin RA32071-164, Revision 1, dated July 19, 2017.

    (i) Other Acceptable Method of Compliance

    Replacement on an airplane of each aft engine mount assembly, identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD, with a corresponding aft engine mount assembly, identified as “New P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD, is an acceptable method to comply with the requirements of paragraph (h) of this AD for that airplane.

    (j) Identification of Certain Airplanes That Do Not Have Affected Parts

    An airplane on which Airbus modification 158435 has been embodied in production and on which it can be positively determined that no aft engine mount assembly, identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD, is installed, is considered a Group 2 airplane. A review of airplane maintenance records is acceptable to make this determination, if it can be conclusively determined that no aft engine mount assembly identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD is installed. Group 2 airplanes are not affected by the requirements of paragraph (h) of this AD.

    (k) Parts Installation Prohibition

    (1) For Group 1 airplanes: Do not install an aft engine mount assembly identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD on any airplane after modification of the airplane as required by paragraph (h) of this AD, or after any replacement specified in paragraph (i) of this AD.

    (2) For Group 2 airplanes: As of the effective date of this AD, do not install an aft engine mount assembly identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD on any airplane.

    (3) For airplanes equipped with a 4-lugs engine (left-hand (LH) or right-hand (RH) side): As of the effective date of this AD, do not modify any aft engine mount assembly identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD, as required by paragraph (h) of this AD, and do not install on an affected engine pylon (LH or RH) any aft engine mount assembly identified as “New P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD.

    (l) 4-Lugs Engine Installation

    (1) From the effective date of this AD, it is allowed to install or reinstall a 4-lugs engine on an airplane (LH or RH) provided that the airplane is equipped with an aft engine mount assembly identified as “Old P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD on the affected engine pylon (LH or RH).

    (2) For airplanes equipped with a 4-lugs engine (LH or RH), and on which, prior to the effective date of this AD, an aft engine mount assembly identified as “New P/N” in figure 1 to paragraphs (g), (h), (i), (j), (k), and (l) of this AD has been installed on the affected engine pylon (LH or RH), or on which the aft engine part assembly has been modified as specified in paragraph (h) of this AD: Within 30 days after the effective date of this AD, obtain repair instructions using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA), and accomplish those instructions accordingly. If approved by the DOA, the approval must include the DOA-authorized signature.

    (m) Terminating Action and Method of Compliance

    (1) Modification of an airplane as required by paragraph (h) of this AD, or as specified in paragraph (i) of this AD, constitutes terminating action for the repetitive detailed inspections required by paragraph (l) of AD 2016-14-09 for that airplane.

    (2) Modification of an airplane as required by paragraph (h) of this AD, or as specified in paragraph (i) of this AD, is a method of compliance with the requirements of paragraph (g) of AD 2017-04-10 for that airplane.

    (n) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

    (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.

    (o) Special Flight Permits

    Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed.

    (p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2017-0251 dated December 15, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0165.

    (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

    (3) For Airbus service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; internet http://www.airbus.com.

    (4) For Goodrich Aerospace service information identified in this AD, contact Goodrich Corporation, Aerostructures, 850 Lagoon Drive, Chula Vista, CA 91910-2098; phone: 619-691-2719; email: [email protected]; internet: http://www.goodrich.com/TechPubs. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Issued in Renton, Washington, on March 5, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-04727 Filed 3-8-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0161; Product Identifier 2017-NM-088-AD] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc., Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2013-11-12, which applies to certain Bombardier, Inc., Model BD-100-1A10 airplanes. AD 2013-11-12 requires inspecting for the correct serial number of a certain hydraulic system accumulator, and replacing affected hydraulic system accumulators with new or serviceable accumulators. Since we issued AD 2013-11-12, we have determined that certain other hydraulic system accumulators must be modified or replaced and life limits must be added. This proposed AD would expand the applicability and require modifying or replacing certain hydraulic brake system accumulators. This proposed AD would also require revising the maintenance or inspection program to add life limits for the accumulators. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by April 23, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    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-2018-0161; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7318; fax 516-794-5531.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0161; Product Identifier 2017-NM-088-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    We issued AD 2013-11-12, Amendment 39-17472 (78 FR 33206, June 4, 2013) (“AD 2013-11-12”), for certain Bombardier, Inc., Model BD-100-1A10 airplanes. AD 2013-11-12 requires inspecting for the correct serial number of a certain hydraulic system accumulator, and replacing affected hydraulic system accumulators with new or serviceable accumulators. AD 2013-11-12 resulted from reports of failure of a screw cap or end cap of the hydraulic system accumulator while on the ground, which resulted in loss of use of that hydraulic system and high-energy impact damage to adjacent systems and structures. We issued AD 2013-11-12 to prevent failure of a screw cap or end cap and loss of the related hydraulic system, which could result in damage to airplane structure and consequent reduced controllability of the airplane.

    Actions Since AD 2013-11-12 Was Issued

    Since we issued AD 2013-11-12, we have determined that certain other hydraulic system accumulators (specifically, hydraulic brake system accumulators) must be modified or replaced and life limits must be added.

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2011-41R1, dated March 27, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model BD-100-1A10 airplanes. The MCAI states:

    Seven cases of on-ground hydraulic accumulator screw cap/end cap failure have been experienced on CL-600-2B19 aeroplanes, resulting in loss of the associated hydraulic system and high-energy impact damage to adjacent systems and structure. To date, the lowest number of flight cycles accumulated at the time of failure has been 6991.

    Although there have been no failures to date on any BD-100-1A10 aeroplanes, accumulators similar to those installed on the CL-600-2B19 are installed on the BD-100-1A10. The affected part numbers (P/Ns) of the accumulators installed on BD-100-1A10 are 900095-1 (Auxiliary Hydraulic System accumulator), 33-155500 (Inboard Brake accumulator), and 33-147500 (Outboard Brake accumulator).

    A detailed analysis of the calculated line of trajectory of a failed screw cap/end cap for the accumulators has been conducted, resulting in the identification of areas where systems and/or structural components could potentially be damaged. Although all of the failures on the CL-600-2B19 to date have occurred on the ground, an in-flight failure affecting such components could potentially have an adverse effect on the controllability of the aeroplane.

    Revision 1 of this [Canadian] AD is issued to mandate the [inspection and] replacement [of] Brake System Hydraulic accumulators that are not identified by the letter “E” or “NAE” after the serial number on the identification plate. Revision 1 also mandates the re-orientation of the brake accumulators P/N 33-147500 and P/N 33-155500 and the insertion of three discard tasks in the Challenger 300 Time Limits/Maintenance Checks (TLMC) Manual.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0161.

    Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued the following service information:

    • Service Bulletin 100-32-20, Revision 02, dated April 14, 2015, which describes procedures for modifying (e.g., re-orienting) the installation of the hydraulic brake accumulators.

    • Service Bulletin 100-32-21, dated May 24, 2012, which describes procedures for replacing the hydraulic brake system accumulators.

    • Task 29-21-13-101 of Chapter 5, Part 2, Airworthiness Limitations, of Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks, Revision 17, dated December 15, 2016, which describes procedures for removal and installation of the hydraulic brake system accumulators.

    • Task 32-43-37-101 of Chapter 5, Part 2, Airworthiness Limitations, of Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks, Revision 17, dated December 15, 2016, which describes procedures for removal and installation of the brake accumulators.

    • Task 32-44-05-101 of Chapter 5, Part 2, Airworthiness Limitations, of Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks, Revision 17, dated December 15, 2016, which describes procedures for removal and installation of the emergency parking brake accumulators.

    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 and Requirements of This Proposed AD

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

    This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (p)(1) of this proposed AD. The request should include a description of changes to the required actions that will ensure the continued damage tolerance of the affected structure.

    Costs of Compliance

    We estimate that this proposed AD affects 187 airplanes of U.S. registry.

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

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection to determine part numbers (retained actions from AD 2013-11-12) 1 work-hour × $85 per hour = $85 $0 $85 $15,895. Modifying or replacing hydraulic brake system accumulators and revising the maintenance or inspection program (new proposed actions) 59 work-hours × $85 per hour = $5,015 Up to $31,500 Up to $36,515 Up to $6,828,305.

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Hydraulic accumulator replacement 5 work-hours × $85 per hour = $340 $4,510 $4,850
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2013-11-12, Amendment 39-17472 (78 FR 33206, June 4, 2013), and adding the following new AD: Bombardier, Inc.: Docket No. FAA-2018-0161; Product Identifier 2017-NM-088-AD. (a) Comments Due Date

    We must receive comments by April 23, 2018.

    (b) Affected ADs

    This AD replaces AD 2013-11-12, Amendment 39-17472 (78 FR 33206, June 4, 2013) (“AD 2013-11-12”).

    (c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 airplanes, certificated in any category, having serial numbers 20003 through 20604 inclusive.

    (d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic Power.

    (e) Reason

    This AD was prompted by reports of failure of a screw cap or end cap of the hydraulic system accumulator while on the ground, which resulted in loss of use of that hydraulic system and high-energy impact damage to adjacent systems and structures. We are issuing this AD to prevent failure of a screw cap or end cap and loss of the related hydraulic system, which could result in damage to airplane structure and consequent reduced controllability of the airplane.

    (f) Compliance

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

    (g) Retained Inspection With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 2013-11-12 with no changes. For airplanes having serial numbers 20003 through 20335 inclusive: At the applicable time specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD: Inspect the identification plate on the hydraulic system accumulator having part number (P/N) 900095-1 to determine if an “E” is part of the suffix of the serial number stamped on the identification plate, as listed in paragraph 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 100-29-14, dated December 16, 2010. A review of airplane maintenance records is acceptable in lieu of this inspection if the suffix of the serial number can be conclusively determined from that review.

    (1) For an accumulator that has accumulated more than 3,150 total flight cycles as of July 9, 2013 (the effective date of AD 2013-11-12), inspect that accumulator within 350 flight cycles after July 9, 2013.

    (2) For an accumulator that has accumulated 3,150 or fewer total flight cycles as of July 9, 2013 (the effective date of AD 2013-11-12), inspect that accumulator before it has accumulated 3,500 total flight cycles.

    (3) For an accumulator on which it is not possible to determine the total flight cycles accumulated as of July 9, 2013 (the effective date of AD 2013-11-12), inspect that accumulator within 350 flight cycles after July 9, 2013.

    (h) Retained Replacement With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2013-11-12 with no changes. If, during the inspection required by paragraph (g) of this AD, any accumulator having P/N 900095-1 is found on which the letter “E” is not part of the suffix of the serial number on the identification plate: Before further flight, replace the accumulator with a new or serviceable accumulator, in accordance with paragraph 2.C. of the Accomplishment Instructions of Bombardier Service Bulletin 100-29-14, dated December 16, 2010.

    (i) Retained Parts Installation Prohibition With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 2013-11-12 with no changes. For airplanes having serial numbers 20003 through 20335 inclusive: As of July 9, 2013 (the effective date of AD 2013-11-12), no person may install on any airplane a hydraulic system accumulator having P/N 900095-1, on which the letter “E” is not part of the suffix of the serial number on the identification plate.

    (j) New Requirement of This AD: Replacement of Brake System Hydraulic Accumulators

    For airplanes having serial numbers 20003 through 20347 inclusive: At the applicable time specified in paragraph (j)(1), (j)(2), or (j)(3) of this AD, replace all brake system hydraulic accumulators having P/N 33-147500 or P/N 33-155500 that are not identified by the letter “E” or “NAE” after the serial number on the identification plate with an accumulator of the same part number that is identified by the letter “E” or “NAE” after the serial number. Do the replacement in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 100-32-21, dated May 24, 2012.

    (1) For an accumulator that has accumulated more than 4,700 total flight cycles as of the effective date of this AD, inspect that accumulator within 300 flight cycles after the effective date of this AD.

    (2) For an accumulator that has accumulated 4,700 or fewer total flight cycles as of the effective date of this AD, inspect that accumulator before it has accumulated 5,000 total flight cycles.

    (3) For an accumulator on which it is not possible to determine the total flight cycles accumulated as of the effective date of this AD, inspect that accumulator within 300 flight cycles after the effective date of this AD.

    (k) New Requirement of This AD: Additional Parts Installation Prohibition

    For airplanes having serial numbers 20003 through 20347 inclusive: As of the effective date of this AD, no person may install on any airplane a hydraulic system accumulator having P/N 33-147500 or P/N 33-155500, on which the letter “E” or “NAE” is not after the serial number on the identification plate.

    (l) New Requirement of This AD: Modification of the Inboard and Outboard Brake Accumulators

    For airplanes having serial numbers 20003 through 20395 inclusive: Within 1,600 flight hours or 14 months after the effective date of this AD, whichever occurs first, modify (re-orient) the installation of the inboard and outboard brake accumulators, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 100-32-20, Revision 02, dated April 14, 2015.

    (m) Credit for Previous Actions

    This paragraph provides credit for the actions specified in paragraph (l) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 100-32-20, dated February 25, 2013; or Revision 01, dated March 5, 2015.

    (n) New Requirement of This AD: Maintenance or Inspection Program Revision

    For airplanes having serial numbers 20003 through 20604 inclusive: Within 30 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate life limit tasks 29-21-13-101, 32-43-37-101, and 32-44-05-101 of Chapter 5, Part 2, Airworthiness Limitations, of Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks, Revision 17, dated December 15, 2016. The initial compliance time for the tasks is within the applicable time specified in that service information, or within 30 days after the effective date of this AD, whichever occurs later.

    (o) No Alternative Actions and Intervals

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

    (p) Other FAA AD Provisions

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

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

    (q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2011-41R1, dated March 27, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0161.

    (2) For more information about this AD, contact Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7318; fax: 516-794-5531.

    (3) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; internet http://www.bombardier.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Issued in Renton, Washington, on March 2, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-04719 Filed 3-8-18; 8:45 am] BILLING CODE 4910-13-P
    CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Chapter II [Docket No. CPSC-2018-0003] Petition Requesting Rulemaking To Exempt Certain Head Protection Devices From the Safety Standard for Bicycle Helmets AGENCY:

    Consumer Product Safety Commission.

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Consumer Product Safety Commission (Commission or CPSC) received a petition from Hövding Sweden AB (petitioner or Hövding) requesting the Commission to exempt “inflatable head protective devices for bicyclists,” such as Hövding's product, from the testing requirements of the Safety Standard for Bicycle Helmets, if such product complies with, and is certified to, requirements in another standard that Hövding states is appropriate to test such products. The Commission invites written comments concerning this petition.

    DATES:

    Submit comments by May 8, 2018.

    ADDRESSES:

    Submit comments, identified by Docket No. CPSC-2018-0003, by any of the following methods:

    Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above.

    Written Submissions: Submit written comments by mail/hand delivery/courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504-7923.

    Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change to http://www.regulations.gov, including any personal identifiers, contact information, or other personal information provided. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted by mail/hand delivery/courier.

    Docket: For access to the docket to read background documents or comments received, go to: http://www.regulations.gov, insert docket number CPSC-2018-0003 into the “Search” box, and follow the prompts.

    FOR FURTHER INFORMATION CONTACT:

    Rocky Hammond, Office of the Secretary, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: 301-504-6833; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On December 15, 2017, Hövding submitted a petition requesting that the Commission exempt “inflatable head protective devices for bicyclists” from the testing requirements of the Safety Standard for Bicycle Helmets, 16 CFR part 1203 (Bike Helmet Standard), if such product complies with, and is certified to, requirements in a standard developed by SP Technical Research Institute of Sweden, SP-method 4439, Inflatable head protective devices with electronic triggering system for pedal cyclists (SP-Method 4439).1

    1 Hövding requests that the Commission grant such exemption through an interim final rule to expedite Hövding's ability to sell products in the U.S. market.

    Hövding manufactures and markets a product that is intended to prevent or reduce head injuries to bicyclists in a crash. The Hövding product is worn around the cyclist's neck, like a collar. In the event of a crash, it inflates to cover the rider's head for a few seconds and then deflates. Hövding points out that the requirements in the Bike Helmet Standard only anticipate hard shell bike helmets and does not anticipate other types of designs that protect a cyclist's head. Hövding states that protective devices like its product cannot meet the Bike Helmet Standard, as written, because the test procedures are not appropriate for these types of inflatable products. According to Hövding, the Swedish standard, SP-Method 4439, was designed to ensure that some of the performance criteria applied to hard shell helmets in the Bike Helmet Standard are applied to inflatable head protection devices, sufficient to demonstrate that such products can protect a cyclist's head in an accident.

    By this notice, the Commission seeks comments concerning this petition. In particular, the Commission seeks comments on the following:

    • Does an inflatable helmet provide equivalent or greater protection against skull fractures compared to a typical hard shell bicycle helmet? Please provide any underlying data or studies relevant to this issue.

    • Does an inflatable helmet provide equivalent or greater protection against concussion compared to a typical hard shell bicycle helmet? Please provide any underlying data or studies relevant to this issue including identifying the source of any injury thresholds relied upon.

    • Are there any crash scenarios where the deployment of an inflatable helmet will be too slow to protect the user?

    • What modifications to the test method in 16 CFR 1203 would be needed to evaluate inflatable helmets for the positional stability, retention system strength, and impact attenuation requirements?

    • What existing standards or other performance requirements could be used to evaluate the reliability and integrity of the deployment systems in inflatable helmets, such as sensors and batteries?

    • What existing standards or other performance requirements could be used to evaluate the fit of inflatable helmets?

    The petition is available at: http://www.regulations.gov, under Docket No. CPSC-2018-0003, Supporting and Related Materials. Alternatively, interested parties may obtain a copy of the petition by writing or calling the Office of the Secretary, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504-6833.

    Alberta E. Mills, Secretary, Consumer Product Safety Commission.
    [FR Doc. 2018-04769 Filed 3-8-18; 8:45 am] BILLING CODE 6355-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0083] RIN 1625-AA08 Safety Zone; Mississippi Sound, Biloxi, MS AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a temporary safety zone for certain navigable waters on the Mississippi Sound over the Biloxi Harbor Channel in Biloxi, MS. The proposed rulemaking is necessary to provide for the safety of life and property on these navigable waters during the 2018 Biloxi Air Show. This proposed rulemaking would prohibit persons and vessels from entering the safety zone 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 9, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2018-0083 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 3, 2018, the sponsor for the 2018 Biloxi Air Show submitted an application for a marine event permit for the air show that will take place every day from 9 a.m. through 5 p.m. from July 19, 2018 through July 22, 2018. The air show will consist of various flight demonstrations over the Mississippi Sound in the Biloxi Harbor Channel in Biloxi, MS. Over the years, there have been unfortunate instances of aircraft mishaps that involve crashing during performances at various air shows around the world. Occasionally, these incidents result in a wide area of scattered debris in the water that can damage property or cause significant injury or death to the public observing the air shows. The Captain of the Port Sector Mobile (COTP) has determined that a safety zone is necessary to protect the general public from hazards associated with aerial flight demonstrations.

    The purpose of this rulemaking is to ensure the safety of vessels and persons during the air show on the navigable waters of the Mississippi Sound in the Biloxi Harbor Channel in Biloxi, MS. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

    III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone on the Mississippi Sound within the positions of 30°23′22.6″ N, 88°50′54.9″ W; 30°23′25.5″ N, 88°53′12.1″ W; 30°22′52.3″ N, 88°50′55.8″ W; 30°22′56.3″ N, 88°53′11.9″ W over the Biloxi Harbor Channel in Biloxi, MS from 9 a.m. through 5 p.m. on July 19, 2018 through July 22, 2018. The proposed rulemaking is needed to provide for the safety of life and property on these navigable waters during the 2018 Biloxi Air Show. This proposed rulemaking restricts transit into, through, and within the zone unless specifically authorized by the COTP. No vessel or person would be permitted to enter the zone 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 PATCOM 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 zone.

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

    The COTP or a designated representative may forbid and control the movement of all vessels in the zone. 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 zone, citation for failure to comply, or both.

    The COTP or a designated representative may terminate 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 safety zone at the conclusion of the air show.

    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 safety zone would take place on a small area of Mississippi Sound, during a short duration of only eight hours, lasting for only four days from July 19, 2018 through July 22, 2018. Additionally, the Coast Guard would issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about the safety zone so that waterway users may plan accordingly for transits during this restriction, and the proposed rule also allows vessels to seek permission from the COTP or a designated representative to enter the zone.

    B. Impact on Small Entities

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

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

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this 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 safety zone on the Mississippi Sound, within the positions of 30°23′22.6″ N, 88°50′54.9″ W; 30°23′25.5″ N, 88°53′12.1″ W; 30°22′52.3″ N, 88°50′55.8″ W; 30°22′56.3″ N, 88°53′11.9″ W over the Biloxi Harbor Channel in Biloxi, MS. It is categorically excluded from further review under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration (REC) 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, Waterways.

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

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

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

    2. Add§ 165.T08-0083 to read as follows:
    § 165.T08-0083 Safety Zone; Mississippi Sound, Biloxi, MS

    (a) Location. The following area is a proposed safety zone: All navigable waters of the Mississippi Sound, within the positions of 30°23′22.6″ N, 88°50′54.9″ W; 30°23′25.5″ N, 88°53′12.1″ W; 30°22′52.3″ N, 88°50′55.8″ W; 30°22′56.3″ N, 88°53′11.9″ W over the Biloxi Harbor Channel in Biloxi, MS.

    (b) Enforcement period. This section is effective from 9 a.m. on July 19, 2018 through 5 p.m. on July 22, 2018.

    (c) Regulations.

    (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting through, or exiting 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 PATCOM 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 event 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.

    (3) Spectator vessels desiring to transit the regulated area may do so only with prior approval of the PATCOM and when so directed by that officer will be operated at a minimum safe navigation speed in a manner that will not endanger participants in the zone 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 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 can terminate enforcement of the safety zone 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 2, 2018 M.R. McLellan, Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
    [FR Doc. 2018-04734 Filed 3-8-18; 8:45 am] BILLING CODE 9110-04-P
    83 47 Friday, March 9, 2018 Notices DEPARTMENT OF AGRICULTURE National Institute of Food and Agriculture Privacy Act of 1974; System of Records AGENCY:

    National Institute of Food and Agriculture, United States Department of Agriculture.

    ACTION:

    Notice of a revised system of records.

    SUMMARY:

    In accordance with the Privacy Act of 1974, the Department of Agriculture (“USDA”), National Institute of Food and Agriculture (“NIFA”) is revising one Privacy Act system of records titled, ”Veterinary Medicine Loan Repayment Program Records System, USDA/NIFA-1” published on 12/13/2010 to update the system location, categories of records, authorities, purposes, routine uses, and record sources.

    DATES:

    Submit comments on or before April 9, 2018. The revisions to this system will be effective April 9, 2018.

    ADDRESSES:

    You may submit comments, identified by [Docket No. 2018-0001] by one of the following methods:

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

    Email: [email protected] Include the text “VMLRP System of Records” in the subject line of the message.

    Fax: (202) 401-7752.

    Mail: Joseph Perez; Program Analyst, Office of Grants and Financial Management; National Institute of Food and Agriculture, Department of Agriculture, STOP 2272, 1400 Independence Avenue SW, Washington, DC 20250-2272.

    Hand Delivery/Courier: Joseph Perez; Program Analyst, Office of Grants and Financial Management; National Institute of Food and Agriculture; Department of Agriculture; Room 2302, Waterfront Centre; 800 9th Street SW, Washington, DC 20024.

    Instructions: All submissions received must include the agency name and docket number for this rulemaking. 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:

    For general questions please contact: Joseph Perez, Program Analyst, Office of Grants and Financial Management, National Institute of Food and Agriculture, Department of Agriculture, STOP 2272, 1400 Independence Avenue SW, Washington, DC 20250-2272; Voice: 202-401-3486; Fax: 202-401-6158; Email: [email protected] For privacy issues, please contact: Marj Leaming, USDA Privacy Officer, Policy, E-Government and Fair Information Practices, Office of the Chief Information Officer, USDA, 1400 Independence Avenue SW, Room 450-W, Washington, DC 20250; telephone 202-205-0926.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In accordance with the Privacy Act of 1974, Veterinary Medicine Loan Repayment Program, USDA/NIFA-1, is being revised. The purpose of this revision to the system of records is to update the system location, add additional categories of records maintained in this system, add additional purposes for this system, update the authorities to add 31 U.S.C. 7701 and delete 26 U.S.C. 6109, and add one additional record source.

    NIFA has made editorial changes to Routine Use I concerning the parent locator service for clarification. In addition, four routine uses were added as follows:

    • Routine Use U. was added for disclosure of records to other federal agencies, entities, or persons when a breach is suspected or confirmed to prevent, minimize or remedy any harm.

    • Routine Use V. was added to permit another federal agency or federal entity to investigate breaches and remedy risk to individuals.

    • Routine Use W. was added for disclosure for contractors to assist in administering the program.

    • Routine Use X. was added for disclosure to credit bureaus to conduct identity proofing.

    One routine use was revised as follows:

    • Routine Use F, was revised to require the entities listed to maintain PA safeguards with respect to the records

    The entire notice is republished for the convenience of the public.

    Consistent with USDA's information sharing mission, information stored in the “Veterinary Medicine Loan Repayment Program Records System, USDA/NIFA-1” may be shared with other USDA components, as well as appropriate Federal, State, local, tribal, foreign, or international government agencies as permitted by the Privacy Act. This sharing will only take place after USDA determines that the receiving component or entity has a need to know the information to carry out national security, law enforcement, immigration, intelligence, or other functions consistent with the routine uses set forth in this system of records notice or the provisions of the Privacy Act.

    II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory framework governing the means by which the United States Government collects, maintains, uses, and disseminates individuals' records. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency for which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass United States citizens and lawful permanent residents.

    The Privacy Act requires each agency to publish in the Federal Register a description denoting the type and character of each system of records that the agency maintains, and the routine uses that are contained in each system in order to make agency record keeping practices transparent, to notify individuals regarding the uses to their records are put, and to assist individuals to more easily find such files within the agency.

    Below is the description of the Veterinary Medicine Loan Repayment Program system of records, USDA/NIFA-1.

    In accordance with 5 U.S.C. 552a(r), USDA has provided a report of this system of records to the Office of Management and Budget and to Congress.

    Dated: December 27, 2017. Sonny Ramaswamy, Director, National Institute of Food and Agriculture, U.S. Department of Agriculture. SYSTEM NAME AND NUMBER:

    Veterinary Medicine Loan Repayment Program (VMLRP) Record System, USDA/NIFA-1.

    SECURITY CLASSIFICATION:

    None.

    SYSTEM LOCATION:

    Records are maintained at National Institute of Food and Agriculture (NIFA), Department of Agriculture (USDA), 800 9th Street SW, Washington, DC 20024.

    SYSTEM MANAGER:

    Program Coordinator, Division of Animal Systems, National Institute of Food and Agriculture, Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    7 U.S.C. 3151a; 28 U.S.C. 3201; 31 U.S.C. 7701.

    PURPOSE(S) OF THE SYSTEM:

    The purpose of this system is to: (1) Identify and select applicants for the Veterinary Medicine Loan Repayment Program (VMLRP); (2) monitor loan repayment activities, such as payment tracking, deferment of service obligation, and default; (3) compile and generate statistical reports (4) respond to inquiries from Program applicants and participants, their qualified representatives, and Congressional representatives and (5) assist NIFA officials in the collection of overdue debts owed under the VMLRP. Records may be transferred to “Administrative Billings and Collections, National Finance Center, Office of the Chief Financial Officer, USDA, for debt collection purposes when NIFA officials are unable to collect overdue debts owed under the VMLRP.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Categories of individuals covered by this system include: Individuals who have applied for, who have been approved to receive, are receiving, and have received funds under the VMLRP; and individuals who are interested in participation in the VMLRP.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Categories of records in this system include: Name, address, Social Security number, program application and associated forms (which includes reports and surveys), service pay-back obligations, employment data, professional performance and credentialing history of licensed veterinarians; personal, professional, and demographic background information; standard veterinary school expected expenses; financial data including loan balances, deferment, forbearance, and repayment/delinquent/default status information; commercial credit reports; educational data including tuition and other related educational expenses; educational data including academic program and status; employment status verification (which includes certifications and verifications of continuing participation in qualified service); Federal, State and county tax related information, including copies of tax returns, correspondence to and from Program applicants and participants and/or their representatives.

    RECORD SOURCE CATEGORIES:

    Records are obtained by subject individual; participating lending and loan servicing institutions; educational and grantee institutions; other Federal agencies; consumer reporting agencies/credit bureaus; National Student Clearinghouse; employers of subject individuals currently participating in VMLRP; and third parties that provide references concerning the subject individual.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside USDA as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    A. To the Department of Justice (DOJ), including United States Attorney Offices, or other Federal agency conducting litigation or in proceedings before any court, adjudicative or administrative body, when it is necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:

    1. USDA or any component thereof;

    2. Any employee of USDA in his/her official capacity;

    3. Any employee of USDA in his/her individual capacity where DOJ or USDA has agreed to represent the employee; or

    4. The United States or any agency thereof, is a party to the litigation or has an interest in such litigation, and USDA determines that the records are both relevant and necessary to the litigation and the use of such records is compatible with the purpose for which USDA collected the records.

    B. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the written request of the individual to whom the record pertains.

    C. To the National Archives and Records Administration or other Federal government agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

    D. To an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

    E. To appropriate agencies, entities, and persons when:

    1. NIFA suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;

    2. USDA has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by USDA or another agency or entity) or harm to the individual that rely upon the compromised information; and

    3. The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    F. To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for USDA, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to USDA officers and employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.

    G. To an appropriate Federal, State, Tribal, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, where a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations, whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto if the information disclosed is relevant to any enforcement, regulatory, investigative, or prosecutive responsibility of the receiving entity.

    H. USDA will disclose information about individuals from this system of records in accordance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282; codified at 31 U.S.C. 6101, et seq.); section 204 of the E-Government Act of 2002 (Pub. L. 107-347; 44 U.S.C. 3501 note), and the Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.), or similar statutes requiring agencies to make available publicly information concerning Federal financial assistance, including grants, subgrants, loan awards, cooperative agreements and other financial assistance; and contracts, subcontracts, purchase orders, task orders, and delivery orders.

    I. NIFA may disclose the name and current address of an individual to the parent locator service of the Department of Health and Human Services or other authorized person pursuant to 42 U.S.C. 653. J. NIFA may disclose information from this system of records to private parties such as present and former employers, references listed on applications and associated forms, other references and educational institutions, as necessary to evaluate an individual's professional and or academic accomplishments and plans, performance, credentials, and educational background, and to determine if an applicant is suitable for participation in the VMLRP.

    K. NIFA may disclose from this system of records a delinquent debtor's or a defaulting participant's name, address, Social Security number, and other information necessary to identify him/her; the amount, status, and history of the claim, and the agency or program under which the claim arose, as follows:

    1. To another Federal agency so that agency can affect a salary offset for debts owed by Federal employees; if the claim arose under the Social Security Act, the employee must have agreed in writing to the salary offset.

    2. To another Federal agency so that agency can affect an authorized administrative offset; i.e., withhold money, other than Federal salaries, payable to or held on behalf of the individual.

    3. To the Treasury Department, Internal Revenue Service (IRS), to request an individual's current mailing address to locate him/her for purposes of either collecting or compromising a debt or to have a commercial credit report prepared.

    L. NIFA may disclose information from this system of records to another agency that has asked the USDA to affect a salary or administrative offset to help collect a debt owed to the United States. Disclosure is limited to the individual's name, address, Social Security number, and other information necessary to identify the individual, information about the money payable to or held for the individual, and other information concerning the offset.

    M. NIFA may disclose to the IRS information about an individual applying for the VMLRP to find out whether the applicant has a delinquent tax account. This disclosure is for the sole purpose of determining the applicant's creditworthiness and is limited to the individual's name, address, Social Security number, other information necessary to identify him/her, and the program for which the information is being obtained.

    N. NIFA may report to the IRS, as taxable income, the written-off amount of a debt owed by an individual to the Federal Government when a debt becomes partly or wholly uncollectible, either because the time period for collection under statute or regulations has expired, or because the Government agrees with the individual to forgive or compromise the debt.

    O. NIFA may disclose to debt collection agents, other Federal agencies, and other third parties who are authorized to collect a Federal debt, information necessary to identify a delinquent debtor or a defaulting participant. Disclosure will be limited to the individual's name, address, Social Security number, and other information necessary to identify him/her; the amount, status, and history of the claim, and the agency or program under which the claim arose.

    P. NIFA may disclose information from this system of records to any third party that may have information about a delinquent debtor's or a defaulting participant's current address, such as a U.S. post office, a State motor vehicle administration, a university's office of the registrar or dean's office, a professional organization, an alumni association, etc., for the purpose of obtaining the individual's current address. This disclosure will be strictly limited to information necessary to identify the individual, without any reference to the reason for the agency's need for obtaining the current address.

    Q. NIFA may disclose information from this system of records to other Federal agencies that also provide loan repayment at the request of these Federal agencies in conjunction with a matching program conducted by these Federal agencies to detect or curtail fraud and abuse in Federal loan repayment programs, and to collect delinquent loans or benefit payments owed to the Federal Government.

    R. NIFA will disclose from this system of records to the Department of Treasury, IRS: (1) A delinquent debtor's or a defaulting participant's name, address, Social Security number, and other information necessary to identify the individual; (2) the amount of the debt; and (3) the program under which the debt arose, so that the IRS can offset against the debt any income tax refunds which may be due to the individual.

    S. NIFA may disclose information provided by a lender or educational institution to other Federal agencies, debt collection agents, and other third parties who are authorized to collect a Federal debt. The purpose of this disclosure is to identify an individual who is delinquent in loan or benefit payments owed to the Federal Government and the nature of the debt.

    T. NIFA may disclose records to USDA contractors and subcontractors for the purpose of recruiting, screening, and matching veterinarians for employment in qualified shortage area positions under the VMLRP. In addition, USDA contractors and subcontractors:

    1. May disclose biographic data and information supplied by potential applicants.

    (a) To references listed on application and associated forms for the purpose of evaluating the applicant's professional qualifications, experience, and suitability, and

    (b) to a State or local government veterinary medical licensing board and/or to the American Association of Veterinary State Boards or a similar nongovernmental entity for the purpose of verifying that all claimed background and employment data are valid and all claimed credentials are current and in good standing;

    2. May disclose biographic data and information supplied by references listed on application and associated forms to other references for the purpose of inquiring into the applicant's professional qualifications and suitability; and

    3. May disclose professional suitability evaluation information to NIFA officials for the purpose of appraising the applicant's professional qualifications and suitability for participation in the VMLRP.

    Contractors maintain, and are also required to ensure that subcontractors maintain, Privacy Act safeguards with respect to such records.

    U. To appropriate agencies, entities, and persons when (1) NIFA suspects or has confirmed that there has been a breach of the system of records, (2) NIFA has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NIFA (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with NIFA efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

    V. To another Federal agency or Federal entity, when NIFA determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

    W. If the Department contracts with an entity for the purpose of performing any function that requires disclosure of records including but not limited to helpdesk operations, password resets, system administration, application operations, program support, the Department may disclose the records as a routine use to those contract employees, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to USDA officers and employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.

    X. Disclosures may be made from this system to “consumer reporting agencies” as defined in the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3701(a)(3)). The purposes of these disclosures are: (1) To provide an incentive for debtors to repay delinquent debts to the Federal Government by making these debts part of their credit records, and (2) to enable NIFA to improve the quality of loan repayment decisions by taking into account the financial reliability of applicants, including obtaining a commercial credit report to assess and verify the ability of an individual to repay debts owed to the Federal Government. Disclosure of records will be limited to the individual's name, Social Security number, and other information necessary to establish the identity of the individual, the amount, status, and history of the claim, and the agency or program under which the claim arose.

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    Records in this system are stored electronically or on paper in secure facilities. The records are stored in file folders and electronic media, including computer tape, discs, servers, connected to local area networks, and internet servers.

    POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

    Records may be retrieved by name, Social Security number, or other identifying numbers or characteristics.

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    Records are retained and disposed of under the authority of the REE Policies and Procedures contained in REE Manual 251.8 “Records Management” and 251.8M “Records Management (Manual)”, which establishes REE policies and procedures for the creation, maintenance, and disposition of records, and in accordance with the General Records Schedules issued by the National Archives and Records Administration.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    Records in this system are safeguarded in accordance with applicable rules and policies, including all applicable USDA automated systems security and access policies. Strict controls have been imposed to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in this system is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions. Physical records (files and folders) are stored in an enclosed office that is controlled by on-site personnel and will be locked whenever the room is not in use, even during regular business hours. Security guards perform random checks on the physical security of the data after hours, including weekends and holidays. A password is required to access the terminal and a data set name controls the release of data to only authorized users. Data on local area network computer files is accessed by keyword known only to authorized personnel.

    RECORD ACCESS PROCEDURES:

    See “NOTIFICATION PROCEDURE”.

    CONTESTING RECORD PROCEDURES:

    See “NOTIFICATION PROCEDURE”.

    NOTIFICATION PROCEDURE:

    Individuals seeking notification of and access to any record contained in this system of records, or seeking to contest its content, may submit a request in writing to the Headquarters or component's Freedom of Information Act (FOIA) Officer, whose contact information can be found at http://www.da.usda.gov/foia.htm under “contacts.” If an individual believes more than one component maintains Privacy Act records concerning him or her, the individual may submit the request to the Chief FOIA Officer, Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250.

    When seeking records about yourself from this system of records or any other Departmental system of records your request must conform with the Privacy Act regulations set forth in 6 CFR part 5. You must first verify your identity, meaning that you must provide your full name, current address and date and place of birth. You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the Chief FOIA Officer, Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250. In addition you should provide the following:

    An explanation of why you believe the Department would have information on you; Identify the component(s) of the Department you believe may have the information about you; Specify when you believe the records would have been created; Any additional information that will help the FOIA staff determine which USDA component agency may have responsive records; The dates of enrollment in the VMLRP and current enrollment status, such as pending application approval or approved for participation; If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying his/her agreement for you to access his/her records. Without this bulleted information the component(s) may not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    75 FR 77607.

    [FR Doc. 2018-04759 Filed 3-8-18; 8:45 am] BILLING CODE 3410-22-P
    BROADCASTING BOARD OF GOVERNORS Government in the Sunshine Act Meeting Notice DATE AND TIME:

    Wednesday, March 14, 2018, 1:00 p.m. ET.

    PLACE:

    Cohen Building, Room 3321, 330 Independence Ave. SW, Washington, DC 20237.

    SUBJECT:

    Notice of Meeting of the Broadcasting Board of Governors.

    SUMMARY:

    The Broadcasting Board of Governors (Board) will be meeting at the time and location listed above. The Board will vote on a consent agenda consisting of the minutes of its November 15, 2017 meeting, a resolution honoring the 75th anniversary of Voice of America's (VOA) Serbian Service, a resolution honoring the 60th anniversary of VOA's Bangla Service, a resolution honoring the fifth anniversary of VOA's Bambara Service, a resolution honoring the 65th anniversary of Radio Free Europe/Radio Liberty's (RFE/RL) Azerbaijani Service—Azadliq Radiosu, a resolution honoring the 65th anniversary of RFE/RL's Russian Service, and a resolution honoring the 65th anniversary of RFE/RL's Turkmen Service. The Board will receive a report from the Chief Executive Officer and Director of BBG.

    This meeting will be available for public observation via streamed webcast, both live and on-demand, on the agency's public website at www.bbg.gov. Information regarding this meeting, including any updates or adjustments to its starting time, can also be found on the agency's public website.

    The public may also attend this meeting in person at the address listed above as seating capacity permits. Members of the public seeking to attend the meeting in person must register at https://bbgboardmeetingnmarch2018.eventbrite.com by 12:00 p.m. (ET) on March 13. For more information, please contact BBG Public Affairs at (202) 203-4400 or by email at [email protected]

    CONTACT PERSON FOR MORE INFORMATION:

    Persons interested in obtaining more information should contact Oanh Tran at (202) 203-4545.

    Oanh Tran, Managing Director.
    [FR Doc. 2018-04917 Filed 3-7-18; 4:15 pm] BILLING CODE 8610-01-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Arizona Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that meetings of the Arizona Advisory Committee (Committee) to the Commission will be held at 12:00 p.m. (Mountain Time) Monday, March 19, 2018; 12:00 p.m. (Mountain Time) Monday, April 9, 2018; 12:00 p.m. (Mountain Time) Monday, April 30, 2018; 12:00 p.m. (Mountain Time) Wednesday, May 23, 2018; and 1:00 p.m. (Mountain Time) Wednesday, May 30, 2018. The purpose of these meetings is for the Committee to discuss findings and recommendations regarding voting rights in the state to include in an advisory memorandum issued to the U.S. Commission on Civil Rights.

    DATES:

    These meetings will be held on Monday, March 19, 2018 at 12:00 p.m. MT; Monday, April 9, 2018 at 12:00 p.m. MT; Monday, April 30, 2018 at 12:00 p.m. MT; Wednesday, May 23, 2018 at 12:00 p.m. MT; and Wednesday, May 30, 2018 at 1:00 p.m. MT.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Public Call Information: Dial: 888-695-0609 Conference ID: 8258945

    These meetings are available to the public through the following toll-free call-in number: 888-695-0609, conference ID number: 8258945. Any interested member of the public may call this number and listen to the meetings. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-877-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are entitled to make comments during the open period at the end of the meetings. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S. Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012. They may be faxed to the Commission at (213) 894-0508, or emailed to Ana Victoria Fortes at [email protected] Persons who desire additional information may contact the Regional Programs Unit at (213) 894-3437.

    Records and documents discussed during the meeting will be available for public viewing prior to and after the meetings at https://facadatabase.gov/committee/meetings.aspx?cid=235. Please click on the “Meeting Details” and “Documents” links. Records generated from these meetings may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meetings. Persons interested in the work of this Committee are directed to the Commission's website, https://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

    Agenda I. Welcome II. Approval of minutes from previous meeting III. Discuss findings and recommendations IV. Public Comment V. Next Steps VI. Adjournment Dated: March 6, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2018-04795 Filed 3-8-18; 8:45 am] BILLING CODE 6335-01-P
    CIVIL RIGHTS COMMISSION Sunshine Act Meeting Notice AGENCY:

    United States Commission on Civil Rights.

    ACTION:

    Notice of Commission public business meeting.

    DATES:

    Friday, March 16, 2018, 10:00 a.m. EST.

    ADDRESSES:

    Place: National Place Building, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20245 (Entrance on F Street NW).

    FOR FURTHER INFORMATION CONTACT:

    Brian Walch, phone: (202) 376-8371; TTY: (202) 376-8116; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This business meeting is open to the public. There will also be a call-in line for individuals who desire to listen to the presentations: (877) 857-6177; Conference ID 979-8957.

    Persons with disabilities who need accommodation should contact Pamela Dunston at (202) 376-8105 or at [email protected] at least seven (7) business days before the scheduled date of the meeting.

    Meeting Agenda I. Approval of Agenda II. Business Meeting A. Presentation from Maine Advisory Committee member Rachel Talbot Ross on the Committee's Advisory Memorandum on Racial Discrimination in Criminal Prosecution and Sentencing in Maine B. Presentation from Maryland Advisory Committee Chair Tom Mackall on the Committee's Advisory Memorandum on Fees and Fines and Bail Reform in Maryland C. Presentation from Illinois Advisory Committee Chair Juan Carlos Linares on the Committee's report Civil Rights and Voting in Illinois D. Discussion and Vote on Timeline, Discovery Plan, and Outline for Commission project, “In the Name of Hate: Examining the Federal Government's Role in Preventing Hate Crimes” E. Management and Operations • Staff Director's Report F. Commemoration of Women's History Month • Page Harrington, Historian and Preservationist • Fatima Goss Graves, President and CEO, National Women's Law Center III. Adjourn Meeting Dated: March 7, 2018. Brian Walch, Director, Communications and Public Engagement.
    [FR Doc. 2018-04915 Filed 3-7-18; 4:15 pm] BILLING CODE 6335-01-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meetings of the Kansas Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Kansas Advisory Committee (Committee) will hold a meeting on Thursday, March 22, 2018 from 11:30 a.m.-1:30 p.m. Central time. The Committee will hear testimony from state legislators as part of their current study on civil rights and school funding.

    DATES:

    The meeting will take place on Thursday, March 22, 2018 from 11:30 a.m.-1:30 p.m. Central time.

    Public Call Information: (audio only) Dial: 877-340-7912, Conference ID: 6019760.

    Web Access Information: (visual only): https://cc.readytalk.com/r/tljh8wkwil3f&eom.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Members of the public can listen to the discussion. This meeting is available to the public through the above listed toll free number (audio only) and web access link (visual only). Please use both the call in number and the web access link in order to fully access the meeting.

    An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-877-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Corrine Sanders at [email protected] Persons who desire additional information may contact the Regional Programs Unit at (312) 353-8311.

    Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Kansas Advisory Committee link (http://www.facadatabase.gov/committee/meetings.aspx?cid=249). Click on “meeting details” and then “documents” to download. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

    Agenda Welcome and Introduction Panel Testimony: Civil Rights and School Funding in Kansas Public Comment Adjournment Dated: March 5, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2018-04716 Filed 3-8-18; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Office of the Secretary Proposed Information Collection; Comment Request; Research Performance Progress Report AGENCY:

    Office of the Chief Information Officer, Office of the Secretary, 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 a proposed extension of an existing information collection: The standardized Research Performance Progress Report (RPPR), as required by the Paperwork Reduction Act of 1995. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    To ensure consideration, written comments must be submitted on or before May 8, 2018.

    ADDRESSES:

    Written comments may be submitted by any of the following methods:

    Email: [email protected] Include “0690-0032 comment” in the subject line of the message.

    Mail: Jennifer Jessup, Departmental PRA Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, Washington, DC 20230.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to the Office of Policy and Governance, Paperwork Reduction Act Compliance, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, Washington, DC 20230, or via email to [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    The development of the Research Performance Progress Report (RPPR) resulted from an initiative of the Research Business Models (RBM), an Interagency Working Group of the Social, Behavioral & Economic Research, Subcommittee of the Committee on Science (CoS), a committee of the National Science and Technology Council (NSTC). One of the RBM Subcommittee's priority areas was to create greater consistency in the administration of Federal research awards. Given the increasing complexity of interdisciplinary and interagency research, it is important for Federal agencies to manage awards in a similar fashion. The RPPR is an OMB approved uniform format to be used by Federal agencies in submission of progress reports that support research and research-related activities. It is intended to replace other performance reporting formats currently in use by Federal agencies. However, the RPPR does not change the performance reporting requirements specified in 2 CFR 200.

    The Research Performance Progress Report (RPPR) directly benefits award recipients by making it easier for them to administer Federal grant and cooperative agreement programs through standardization of the types of information required in performance reports—thereby reducing their administrative effort and costs. The RPPR also will make it easier to compare the outputs, outcomes, etc. of research and research-related programs across the government.

    The RPPR is intended to address progress for the most recently completed period, at the frequency required or designated by the sponsoring agency. Information, once reported, does not have to be provided again on subsequent reports. The RPPR requests various types of information, regarding: accomplishments, products, participants and other collaborating organizations, impact, changes/problems, budgetary information and outcomes.

    II. Method of Collection

    A paper format, email, and electronic submission.

    III. Data

    OMB Control Number: 0690-0032.

    Form Number(s): None.

    Type of Review: Regular Submission (extension of a currently approved information collection).

    Affected Public: Individuals or households; Business or other for-profit organizations; Not-for-profit institutions; State, Local, or Tribal government; Federal government.

    Estimated Number of Respondents: 2,550.

    Estimated Time per Response: 5 hours.

    Estimated Total Annual Burden Hours: 12,750.

    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: Mandatory.

    Legal Authority: The Federal Financial Assistance Management Improvement Act of 1999 (Pub. L. 106-107), and 2 CFR Section 200.328.

    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.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-04733 Filed 3-8-18; 8:45 am] BILLING CODE 3510-17-P
    DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance AGENCY:

    Economic Development Administration, U.S. Department of Commerce.

    ACTION:

    Notice and opportunity for public comment.

    SUMMARY:

    The Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of the firms contributed importantly to the total or partial separation of the firms' workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.

    SUPPLEMENTARY INFORMATION:

    List of Petitions Received by EDA for Certification of Eligibility To Apply for Trade Adjustment Assistance [02/15/2018 through 02/28/2018] Firm name Firm address Date
  • accepted for
  • investigation
  • Product(s)
    CoorsTek Medical, LLC 560 West Golf Course Road, Providence, UT 84332 2/22/2018 The firm manufactures medical devices. LPF High Performance Coatings, LLC 3030 Wilson Avenue, Leavenworth, KS 66048 2/23/2018 The firm manufactures custom powder coatings made from plastic resins, pigments, and flow agents. Air Comm Corporation, LLC 1575 West 124th Avenue, Westminster, CO 80234 2/27/2018 The firm manufactures air conditioning and heating systems for aircraft.

    Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended.

    Please follow the requirements set forth in EDA's regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms.

    Irette Patterson, Program Analyst.
    [FR Doc. 2018-04721 Filed 3-8-18; 8:45 am] BILLING CODE 3510-WH-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration First Responder Network Authority First Responder Network Authority Combined Committee and Board Meeting AGENCY:

    First Responder Network Authority (FirstNet), U.S. Department of Commerce.

    ACTION:

    Notice of public meeting of the First Responder Network Authority Board.

    SUMMARY:

    The Board of the First Responder Network Authority (Board) will convene an open public meeting of the Board and the Board Committees on March 15, 2018.

    DATES:

    A joint meeting of the four FirstNet Board Committees and the FirstNet Board will be held on March 15, 2018, between 8:00 a.m. and 12:00 p.m. (CDT). The meeting of the FirstNet Board and the Governance and Personnel, Technology, Consultation and Outreach, and Finance Committees will be open to the public from 8:00 a.m. to 12:00 p.m. (CDT).

    ADDRESSES:

    The meeting on March 15, 2018 will be held at the Hilton Garden Inn Little Rock Downtown, 322 Rock St, Little Rock, AR 72202. Members of the public may listen to the meeting by dialing toll free 1-888-677-5734 and entering participant code 1277627#.

    FOR FURTHER INFORMATION CONTACT:

    Karen Miller-Kuwana, Board Secretary, FirstNet, 12201 Sunrise Valley Drive, M/S 243, Reston, VA 20192; telephone: (571) 665-6177; email: [email protected] Please direct media inquiries to Ryan Oremland at (571) 665-6186.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that the FirstNet Board and the Board Committees will convene an open public meeting on March 15, 2018.

    Background: The Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96, Title VI, 126 Stat. 256 (codified at 47 U.S.C. 1401 et seq.)) (Act) established FirstNet as an independent authority within the National Telecommunications and Information Administration that is headed by a Board. The Act directs FirstNet to ensure the building, deployment, and operation of a nationwide, interoperable public safety broadband network. The FirstNet Board is responsible for making strategic decisions regarding FirstNet's operations. The FirstNet Board held its first public meeting on September 25, 2012.

    Matters to be Considered: FirstNet will post a detailed agenda for the Combined Board Committees and Board Meeting on its website, http://www.firstnet.gov, prior to the meetings. The agenda topics are subject to change. Please note that the subjects that will be discussed by the Committees and the Board may involve commercial or financial information that is privileged or confidential or other legal matters affecting FirstNet. As such, the Committee Chairs and Board Chair may call for a vote to close the meetings only for the time necessary to preserve the confidentiality of such information, pursuant to 47 U.S.C. 1424(e)(2).

    Times and Dates of Meeting: A combined meeting of the FirstNet Board and FirstNet Board Committees will be held on March 15, 2018 between 8:00 a.m. and 12:00 p.m. (CDT). The meeting of the FirstNet Board and the Governance and Personnel, Technology, Consultation and Outreach, and Finance Committees will be open to the public from 8:00 a.m. to 12:00 p.m. (CDT). The times listed above are subject to change. Please refer to FirstNet's website at www.firstnet.gov for the most up-to-date information.

    Place: The meetings on March 15, 2018 will be held at the Hilton Garden Inn Little Rock Downtown, 322 Rock St, Little Rock, AR 72202. Members of the public may listen to the meeting by dialing toll free 1-888-677-5734 and entering participant code 1277627#.

    Other Information: These meetings are open to the public and press on a first-come, first-served basis. Space is limited. To ensure an accurate headcount, all expected attendees are asked to provide notice of intent to attend by sending an email to [email protected] If the number of RSVPs indicates that expected attendance has reached its capacity, FirstNet will respond to all subsequent notices indicating that capacity has been reached and that in-person viewing may no longer be available but that the meeting may still be viewed by webcast as detailed below. For access to the meetings, valid government issued photo identification may be requested for security reasons.

    The Combined Committee and Board Meetings are accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Ms. Miller-Kuwana by telephone (571) 665-6177 or email at [email protected] at least five (5) business days before the applicable meeting.

    The meeting will also be webcast. Please refer to FirstNet's website at www.firstnet.gov for webcast instructions and other information. Viewers experiencing any issues with the live webcast may email [email protected] or call 202-684-3361 x3 for support. A variety of automated troubleshooting tests are also available via the “Troubleshooting Tips” button on the webcast player. The meetings will also be available to interested parties by phone. To be connected to the meetings in listen-only mode by telephone, please dial toll free 1-888-677-5734 and entering participant code 1277627#. If you experience technical difficulty, please contact the Conferencing Center customer service at 1-866-900-1011.

    Records: FirstNet maintains records of all Board proceedings. Minutes of the Board Meeting and the Committee meetings will be available at www.firstnet.gov.

    Dated: March 5, 2018. Karen Miller-Kuwana, Board Secretary, First Responder Network Authority.
    [FR Doc. 2018-04715 Filed 3-8-18; 8:45 am] BILLING CODE 3510-TL-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order AGENCY:

    International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on crystalline silicone photovoltaic (CSPV) cells, whether or not assembled into modules, from the People's Republic of China (China) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the “Final Results of Sunset Review” section of this notice.

    DATES:

    Applicable March 9, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Caitlin Monks, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-2670.

    SUPPLEMENTARY INFORMATION: Background

    On December 7, 2012, Commerce published the CVD order on CSPV cells from China.1 On November 1, 2017, Commerce published a notice of initiation of the first sunset review of the Order, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 On November 13, 2017, SolarWorld Americas, Inc. (SolarWorld or the petitioner) filed a notice of intent to participate in the review within the deadline specified in 19 CFR 351.218(d)(1)(i).3 SolarWorld claimed interested party status pursuant to section 771(9)(C) of the Act, as a manufacturer of CSPV cells and modules in the United States.

    1See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (Order).

    2See Initiation of Five-Year (Sunset) Reviews, 82 FR 50612 (November 1, 2017).

    3See Petitioner's Letter, “Notice of Intent to Participate in Sunset Review,” dated November 13, 2017, (Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Notice of Intent to Participate in Sunset Review).

    Commerce received an adequate substantive response from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). Commerce did not receive a response from the Government of China (GOC), nor any other respondent interested party to the proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), Commerce conducted an expedited review of the Order. The deadline for this sunset review was extended to March 5, 2018, as a result of the tolling of deadlines for the January 20-22, 2018, closure of the Federal Government.4

    4See Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018.

    Scope of the Order

    The merchandise subject to the Order is crystalline silicon photovoltaic cells, whether or not assembled into modules, from China. Certain CSVP cells that are the subject of the Order are currently classifiable under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. The Issues and Decision Memorandum, which is hereby adopted by this notice, provides a full description of the scope of the Order. 5

    5See Issues and Decision Memorandum dated concurrently with this Federal Register notice.

    Analysis of Comments Received

    All issues raised in this review are addressed in the accompanying Issues and Decision Memorandum. The issues include the likelihood of continuation or recurrence of a countervailable subsidy, the net countervailable subsidy rate likely to prevail if the Order were revoked, and the nature of the subsidies. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    Final Results of Sunset Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD order on CSPV from China would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below:

    Manufacturers/exporters/producers Net
  • countervailable
  • subsidy rate
  • (percent)
  • Suntech 18.2 Trina 19.41 All Others 18.82
    Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    Commerce is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: March 5, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2018-04753 Filed 3-8-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-863] Honey From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order AGENCY:

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

    SUMMARY:

    As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order on honey from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the level indicated in the “Final Results of Sunset Review” section of this notice.

    DATES:

    Applicable March 9, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ian Hamilton, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4798.

    SUPPLEMENTARY INFORMATION: Background

    On November 1, 2017, Commerce published the notice of initiation of the third sunset review of the antidumping duty order on honey from the China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 On November 13, 2017, Commerce received a notice of intent to participate from American Honey Producers Association and the Sioux Honey Association (collectively, the petitioners) as domestic interested parties, within the deadline specified in 19 CFR 351.218(d)(1)(i).2 The petitioners claimed interested party status under section 771(9)(E) of the Act, as a trade association whose members are engaged in the business of producing honey in the United States.

    1See Initiation of Five-Year (Sunset) Reviews, 82 FR 50612 (November 1, 2017).

    2See the petitioners' Letter, “Honey from the People's Republic of China: Petitioners' Notice of Intent to Participate,” dated November 13, 2017.

    On December 1, 2017, we received a complete substantive response for the review from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).3 We received no substantive responses from respondent interested parties with respect to the order covered by this sunset review, nor was a hearing requested. Pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) sunset review of this order.

    3 The petitioners' Letter, “Five-Year (Sunset) Reviews of the Antidumping Duty Order on Honey from the People's Republic of China—Petitioners' Substantive Response,” dated December 1, 2017.

    Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final results of this sunset review is now March 5, 2018.4

    4See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, “Deadlines Affected by the Shutdown of the Federal Government” (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days.

    Scope of the Order

    The merchandise subject to the order is honey. For a complete description of the scope of this order, see the accompanying Issues and Decision Memorandum.5

    5See Memorandum, “Issues and Decision Memorandum for the Expedited Third Sunset Review of the Antidumping Duty Orders on Honey from the People's Republic of China” (Issues and Decision Memorandum), dated concurrently with, and hereby adopted by, this notice.

    Analysis of Comments Received

    All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margin likely to prevail if the order was revoked, are addressed in the accompanying Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    Final Result of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on honey from China would likely lead to continuation or recurrence of dumping and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to the following weighted-average dumping margin: 183.80.

    Notification to Interested Parties

    This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: March 5, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely to Prevail VII. Final Result of Sunset Review VIII. Recommendation
    [FR Doc. 2018-04754 Filed 3-8-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-583-849, A-552-812] Steel Wire Garment Hangers From Taiwan and Vietnam: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders AGENCY:

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

    SUMMARY:

    As a result of these sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty orders on steel wire garment hangers (hangers) from Taiwan and the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of dumping at the level indicated in the “Final Results of Sunset Reviews” section of this notice.

    DATES:

    Effective March 9, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ian Hamilton, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4798.

    SUPPLEMENTARY INFORMATION: Background

    On November 1, 2017, Commerce published the notice of initiation of the first sunset reviews of the antidumping duty orders on hangers from Taiwan and Vietnam, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 On November 6, 2017, Commerce received a notice of intent to participate from M&B Metal Products Company, Inc. (the petitioner) as a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).2 The petitioner claimed interested party status under section 771(9)(C) of the Act, as a manufacturer of a domestic like product in the United States.

    1See Initiation of Five-Year (Sunset) Reviews, 82 FR 50612 (November 1, 2017).

    2See Petitioner's Letter “First Sunset Reviews of Steel Wire Garment Hangers from Taiwan and Vietnam—Notice of Intent to Participate,” dated November 6, 2017 (Intent to Participate).

    On November 30, 2017, we received a complete substantive response for the review from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).3 We received no substantive responses from respondent interested parties with respect to the orders covered by these sunset reviews, nor was a hearing requested. Commerce received no comments on the adequacy of responses in these sunset reviews. Pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting expedited (120-day) sunset reviews of these orders.

    3 Petitioner's Letter, “First Sunset Review of Steel Wire Garment Hangers from Taiwan—Substantive Response of Domestic Producer to Notice of Initiation,” dated November 30, 2017; Petitioner's Letter, “First Sunset Review of Antidumping Duty Order on Steel Wire Garment Hangers from Vietnam—Substantive Response of Domestic Producer to Notice of Initiation,” dated November 30, 2017.

    Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final results of these sunset reviews are now March 5, 2018.4

    4See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, “Deadlines Affected by the Shutdown of the Federal Government” (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days.

    Scope of the Orders

    The merchandise subject to the orders is hangers. For a complete description of the scope of these orders, see the accompanying Issues and Decision Memorandum.5

    5See Memorandum, “Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Orders on Steel Wire Garment Hanges from Taiwan and Vietnam” (Issues and Decision Memorandum), dated concurrently with these results and hereby adopted by this notice.

    Analysis of Comments Received

    All issues raised in these reviews, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins of dumping likely to prevail if the orders were revoked, are addressed in the accompanying Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1), (2) and (3) of the Act, we determine that revocation of the antidumping duty orders on hangers from Taiwan and Vietnam would be likely lead to continuation or recurrence of dumping up to the following weighted-average dumping margins:

    Country Weighted-average dumping margin
  • (percent)
  • Taiwan 125.43 Vietnam 220.68
    Notification to Interested Parties

    This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: March 5, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins of Dumping Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation
    [FR Doc. 2018-04752 Filed 3-8-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Events and Efforts Supporting National Cybersecurity Career Awareness Week AGENCY:

    National Institute of Standards and Technology (NIST), 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:

    Written comments must be submitted on or before May 8, 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]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to The NICE Program Office, (301) 975-5048; [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    As part of NIST's charge for National Cybersecurity Awareness and Education outlined in the Cybersecurity Enhancement Act of 2014, the National Initiative for Cybersecurity Education (NICE) energizes and promotes a robust network and an ecosystem of cybersecurity education, training, and workforce development. NICE, led by NIST, fulfills this mission by coordinating with government, academic, and industry partners to build on existing successful programs, facilitate change and innovation, and bring leadership and vision to increase the number of skilled cybersecurity professionals helping to keep our Nation secure.

    Further, in support of the NICE Strategic Plan goals and objectives, the National Cybersecurity Career Awareness Week has been established to inspire, educate, and engage children through adults to pursue careers in cybersecurity. The annual week-long celebration provides for learning about the contributions, innovations, and opportunities that can be found by exploring cybersecurity as a field of study or career choice. The NICE community is encouraged to organize and participate in activities and initiatives during the week that:

    • Create excitement around increasing public awareness and engagement in building a strong cybersecurity workforce.

    • Emphasize the demand and opportunities in the field of cybersecurity.

    • Increase awareness around the multiple career options within the field of cybersecurity.

    • Highlight the numerous pathways to enter the cybersecurity career field.

    • Showcase programs that increase participation of women, minorities, veterans, persons with disabilities, and other underrepresented populations in the cybersecurity workforce.

    • Advance the NICE Strategic Plan objective to inspire cybersecurity career awareness with students.

    NICE Program Office strives to provide a comprehensive list of activities as described above to enable collaboration and growth.

    II. Method of Collection

    The primary method of collection will be via an electronic (internet) submission form.

    III. Data

    OMB Control Number: 0693-XXXX (New collection).

    Form Number(s): None.

    Type of Review: Regular submission.

    Affected Public: Business or other for-profit organizations; Not-for-profit institutions; State, Local, or Tribal government; Federal government;

    Estimated Number of Respondents: 500.

    Estimated Time per Response: 5 minutes.

    Estimated Total Annual Burden Hours: 42 hours.

    Estimated Total Annual Cost to Public: $0.00.

    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.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-04732 Filed 3-8-18; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Scientific Research, Exempted Fishing, and Exempted Activity Submissions AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), 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:

    Written comments must be submitted on or before May 8, 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]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Jason Blackburn, (301) 427-8555 or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for an extension of a currently approved information collection.

    Fishery regulations do not generally affect scientific research activities conducted by a scientific research vessel. Persons planning to conduct such research are encouraged to submit a scientific research plan to ensure that the activities are considered research and not fishing. The researchers are requested to submit reports of their scientific research activity after its completion. Eligible researchers on board federally permitted fishing vessels that plan to temporarily possess fish in a manner not compliant with applicable fishing regulations for the purpose of collecting scientific data on catch may submit a request for a temporary possession letter of authorization. The researchers are requested to submit reports of their scientific research activity after its completion. The National Marine Fisheries Service (NMFS) may also grant exemptions from fishery regulations for educational or other activities (e.g., using non-regulation gear). The applications for these exemptions must be submitted, as well as reports on activities.

    II. Method of Collection

    Information may be submitted on paper or electronically, and in some cases by telephone.

    II. Data

    OMB Number: 0648-0309.

    Form Number: None.

    Type of Review: Regular submission (extension of a currently approved information collection).

    Affected Public: Business or other for-profit; individuals or households; not for profit organizations; state, local or tribal governments.

    Estimated Number of Respondents: 121.

    Estimated Time per Response: Scientific research plans, 13 hours; scientific research reports, 6 hours; exempted fishing permit requests; 10 hours, exempted fishing permit reports, 4.5 hours; exempted educational requests, 5 hours; exempted educational reports, 2.5 hours.

    Estimated Total Annual Burden Hours: 2,141.

    Estimated Total Annual Cost to Public: $382.36 in recordkeeping/reporting costs.

    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.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: March 6, 2018. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2018-04730 Filed 3-8-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Individual Fishing Quotas for Pacific Halibut and Sablefish in the Alaska Fisheries.

    OMB Control Number: 0648-0272.

    Form Number(s): None.

    Type of Request: Regular (extension of a currently approved information collection).

    Number of Respondents: 2,653.

    Average Hours per Response: Application for Eligibility to receive QS/IFQ (TEC), QS holder form (Identification of Ownership Interest), Application for Transfer of QS/IFQ (includes sweep-up); Application for Military Transfer, and Application for Emergency Medical Transfer, 2 hours each; Application for IFQ/CDQ Hired Master Permit, Application for Registered Buyer permit, QS/IFQ Designated Beneficiary Form, and Application for replacement of certificates, permits, or licenses, 30 minutes each; Registered Buyer landing report, and Transshipment Authorization, 12 minutes each; Prior Notice of Landing (PNOL), and IFQ Departure Report, 15 minutes each; IFQ Administrative Waiver, and Dockside Sales Receipt, 6 minutes each.

    Burden Hours: 6,394.

    Needs and Uses: This request is for revision and extension of a currently approved information collection.

    The National Marine Fisheries Service (NMFS) established the Individual Fishing Quota (IFQ) Program to improve the long-term productivity of the sablefish and Pacific halibut fisheries by further promoting the conservation and management objectives of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., (with respect to sablefish) and the Northern Pacific Halibut Act of 1982 (with respect to Pacific halibut) while retaining the character and distribution of the fishing fleets as much as possible. The IFQ Program includes several provisions, such as ownership caps and vessel use caps that protect small harvesters and processors, part-time participants, and entry-level participants that otherwise could be adversely affected by excessive consolidation.

    The IFQ Program also includes other restrictions to prevent the halibut and sablefish fisheries from domination by large boats or by any particular vessel class. NMFS designed the requirements to maintain a predominantly owner-operated fishery, which was a key characteristic of the halibut and sablefish fisheries prior to the implementation of the IFQ Program. The IFQ Program provides each fisherman an IFQ that can be used any time during the open season to allow each fisherman to set his/her own pace and fishing effort.

    Under the IFQ Program, quota share (QS) represents a harvesting privilege for a person. Annually, NMFS issues IFQ to QS holders to harvest specified poundage. The specific amount of IFQ held by a person is determined by the number of QS units held, the total number of QS units issued in a specific regulatory area, and the total pounds of sablefish or halibut allocated for the IFQ fisheries in a particular year. Fishermen may harvest the IFQ over the entire fishing season, which extends approximately from March through November 15.

    The IFQ Manual Landing Report form will be removed from this information collection. This form is approved under OMB Control Number 0648-0515 (Alaska Interagency Electronic Reporting System (IERS)) and will remain in that collection.

    Affected Public: Business or other for-profit organizations; not-for-profit institutions; individuals or households.

    Frequency: Annually and on occasion.

    Respondent's Obligation: Mandatory.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: March 6, 2018. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2018-04729 Filed 3-8-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Socioeconomic Assessment of the Proposed Wisconsin-Lake Michigan National Marine Sanctuary Region.

    OMB Control Number: 0648-XXXX.

    Form Number(s): None.

    Type of Request: Regular (request for a new information collection).

    Number of Respondents: 4,200.

    Average Hours per Response: 30 minutes.

    Burden Hours: 2,100.

    Needs and Uses: This is a randomized household survey of Wisconsin state residents who recreate in the proposed sanctuary area. This study will:

    • Estimate the economic contribution of recreational expenditures;

    • document the spatial distribution and intensity of recreational activities;

    • document and assess awareness and importance of maritime heritage;

    • assess respondents' awareness and perception of key resources and related management issues; and

    • develop demographic profiles of recreational users of the study region.

    This research will support the sanctuary's long-term management plan, provide the foundation for monitoring change over time, as well as provide baseline information to help inform local coastal zone management and planning to enhance access to Lake Michigan.

    Affected Public: Individuals or households.

    Frequency: One time.

    Respondent's Obligation: Voluntary.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: March 6, 2018. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2018-04728 Filed 3-8-18; 8:45 am] BILLING CODE 3510-JE-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Addition and Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Proposed addition to and deletions from the Procurement List.

    SUMMARY:

    The Committee is proposing to add a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities, and deletes products and services previously furnished by such agencies.

    DATES:

    Comments must be received on or before: April 8, 2018.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S Clark Street, Suite 715, Arlington, Virginia 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    For further information or to submit comments contact: Amy B. Jensen, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

    Addition

    If the Committee approves the proposed addition, the entities of the Federal Government identified in this notice will be required to procure the service listed below from the nonprofit agency employing persons who are blind or have other severe disabilities.

    The following service is proposed for addition to the Procurement List for production by the nonprofit agency listed:

    Service Type: Janitorial Service Mandatory for: U.S. Air Force, Joint Warfare Analysis Center, Naval Support Activity—South Potomac, 4048 Higley Road, Buildings 1450A, 1450B, 1452D, and 1451, Dahlgren, VA Mandatory Source of Supply: Melwood Horticulture Training Center, Upper Marlboro, MD Contracting Activity: ACC AMIC/JWAC Deletions

    The following products and services are proposed for deletion from the Procurement List:

    Products NSN(s)—Product Name(s): 8405-01-375-8999—Cap, Garrison, Air Force, Men's, Blue, 77/8 Mandatory Source of Supply: Goodwill Industries of South Florida, Inc., Miami, FL Contracting Activity: Defense Logistics Agency Troop Support NSN(s)—Product Name(s): 6530-01-115-7835—Holder, Clinical Chart Mandatory Source of Supply: CW Resources, Inc., New Britain, CT Contracting Activity: Defense Logistics Agency Troop Support NSN(s)—Product Name(s): 6510-01-336-6192—Dressing, First Aid, Field Training Mandatory Source of Supply: Elwyn, Aston, PA Contracting Activity: Defense Logistics Agency Troop Support Services Service Type: Janitorial/Custodial Service Mandatory for: Naval Air Station: ARCOM Buildings 176 & 177, Willow Grove, PA Mandatory Source of Supply: The Chimes, Inc., Baltimore, MD Contracting Activity: Dept of the Navy, Naval FAC Engineering CMD MID LANT Service Type: Custodial/Grounds Maint/Refuse Removal/Snow Removal Service Mandatory for: Naval Operations Support Center: 1089 E. Ninth Street, Cleveland, OH, 800 Dan Street, Akron, OH Mandatory Source of Supply: VGS, Inc., Cleveland, OH Contracting Activity: Dept of the Navy, Naval FAC Engineering CMD MIDWEST Amy B. Jensen, Director, Business Operations.
    [FR Doc. 2018-04819 Filed 3-8-18; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Deletions from the Procurement List.

    SUMMARY:

    This action deletes products from the Procurement List previously furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

    DATES:

    Date deleted from the Procurement List: April 8, 2018.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Amy B. Jensen, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected].

    SUPPLEMENTARY INFORMATION: Deletions

    On 2/2/2018 (83 FR 23), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed deletions from the Procurement List.

    After consideration of the relevant matter presented, the Committee has determined that the products listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in additional reporting, recordkeeping or other compliance requirements for small entities.

    2. The action may result in authorizing small entities to furnish the products to the Government.

    3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the products deleted from the Procurement List.

    End of Certification

    Accordingly, the following products are deleted from the Procurement List:

    Products NSN(s)—Product Name(s): 7125-00-R10-0001—Lewis & Clark Discovery Box (Lightweight Box) 7125-00-R10-0002—Lewis & Clark Discovery Box (Cabbage Box) Mandatory Source of Supply: Development Workshop, Inc., Idaho Falls, ID Contracting Activity: W071 ENDIST Portland NSN(s)—Product Name(s): 5340-01-248-2119—Strap, Webbing Mandatory Source of Supply: Huntsville Rehabilitation Foundation, Huntsville, AL Contracting Activity: Defense Logistics Agency Troop Support NSN(s)—Product Name(s): 5680-01-227-7577—Weather Strip Mandatory Source of Supply: Huntsville Rehabilitation Foundation, Huntsville, AL Contracting Activity: W4T8 USASMDC HUNTSVILLE NSN(s)—Product Name(s): 7510-00-NIB-0464—Pencil, Mechanical Mandatory Source of Supply: Industries for the Blind, Inc., West Allis, WI Contracting Activity: Department of Commerce NSN(s)—Product Name(s): 7520-01-580-0847—Pencil, Mechanical, .7 MM HB Lead 7520-01-580-0848—Pencil, Mechanical, .5 MM HB Lead 7510-01-580-0849—Refill, 12 Lead Cartridge, 0.7 mm HB 7510-01-580-0850—Refill, 12 Lead Cartridge, 0.5mm HB Mandatory Source of Supply: San Antonio Lighthouse for the Blind, San Antonio, TX Contracting Activity: General Services Administration, New York, NY NSN(s)—Product Name(s): 6515-01-364-8553—Gloves, Exam, Disposable, Powdered, Latex, Medium, Natural Color 6515-01-364-8554—Gloves, Exam, Disposable, Powdered, Latex, Large, Natural Color 6515-01-365-6183—Gloves, Exam, Disposable, Powdered, Latex, Small, Natural Color Mandatory Source of Supply: BOSMA Enterprises, Indianapolis, IN Contracting Activity: Defense Logistics Agency Troop Support Amy B. Jensen, Director, Business Operations.
    [FR Doc. 2018-04820 Filed 3-8-18; 8:45 am] BILLING CODE 6353-01-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB-2018-0009] Request for Information Regarding Bureau Rulemaking Processes 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 the overall efficiency and effectiveness of its rulemaking processes and, consistent with law, considering whether any changes to its rulemaking processes would be appropriate.

    DATES:

    Comments must be received by June 7, 2018.

    ADDRESSES:

    You may submit responsive information and other comments, identified by Docket No. CFPB-2018-0009, 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-2018-0009 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:

    Kristine M. Andreassen and Owen Bonheimer, Senior Counsels, Office of Regulations, at 202-435-7700. If you require this document in an alternative electronic format, please contact [email protected].

    SUPPLEMENTARY INFORMATION: Background on Statutory Requirements Relevant to the Bureau's Rulemaking Process

    The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) 1 states that the Bureau is authorized to exercise its authorities under Federal consumer financial law to administer, enforce, and otherwise implement the provisions of Federal consumer financial law.2 The Dodd-Frank Act further authorizes the Director of the Bureau to prescribe rules as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of the Federal consumer financial laws, including both enumerated consumer laws 3 and provisions of title X of the Dodd-Frank Act,4 and to prevent evasions thereof.5 The Bureau has engaged in rulemakings mandated by Congress as well as discretionary rulemakings pursuant to these and other authorities. The Bureau's rulemaking processes are subject to a number of statutory requirements, including those discussed below.

    1 Public Law 111-203, 124 Stat. 2081 (2010).

    2 12 U.S.C. 5512(a).

    3 Enumerated consumer laws are the 18 statutes (or portions thereof) specifically listed in the Dodd-Frank Act, including, for example, the Fair Credit Billing Act, the Fair Debt Collection Practices Act, the Home Mortgage Disclosure Act of 1975, the Truth in Lending Act, and the Truth in Savings Act. 12 U.S.C. 5481(12). The Bureau has rulemaking authority for these and certain other Federal consumer financial laws as defined by 12 U.S.C. 5481(14). See generally 12 U.S.C. 5512.

    4 This includes the Dodd-Frank Act's prohibition against unfair, deceptive, or abusive acts or practices. 12 U.S.C. 5531.

    5 12 U.S.C. 5512(b)(1).

    Notice-and-comment requirements for rulemakings. The Administrative Procedure Act (APA) requires a Federal agency to publish a notice of proposed rulemaking (NPRM) in the Federal Register whenever it formulates, amends, or repeals rules, unless an exception applies.6 The Bureau's NPRMs typically include the following: (1) Background sections, which provide information about the relevant market(s) and other applicable laws and regulations; (2) section-by-section analysis of proposed regulatory text and the official interpretations thereto (also referred to as commentary); (3) proposed impact analyses, as described below; and (4) the proposed regulatory text and commentary. (Items 1-3 are referred to collectively as preamble.) A final rule also includes in its preamble a summary of and response to comments received on the NPRM (including on its proposed impact analyses), and an explanation of changes from the NPRM.

    6 5 U.S.C. 553(b). The APA includes exceptions for interpretive rules, general statements of policy, rules of agency organization, procedure, or practice, or when the agency for good cause finds that notice and comment are impracticable, unnecessary, or contrary to the public interest. This RFI is focused on the Bureau's processes for substantive or “legislative” rulemakings, not those occurring under an exception in the APA.

    Small business review process required for certain rulemakings. The Regulatory Flexibility Act (RFA) 7 requires the Bureau to engage in a small business feedback process prior to proposing a rule for which (1) the APA requires notice and comment and (2) the Bureau does not certify that the proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities.8 Prior to issuing an NPRM in these rulemakings, a review panel must seek input from a representative cross section of affected small entities to obtain advice and recommendations on proposals the Bureau is considering. The Bureau refers to this review panel as a SBREFA panel, as it is governed by the provisions added to the RFA by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).9 The panel must be comprised of representatives from the Bureau, the Office of Management and Budget's Office of Information and Regulatory Affairs (OMB OIRA), and the Small Business Administration's (SBA) Office of Advocacy. The panel is required to prepare a report on its findings and make this report part of the rulemaking record. The Bureau typically releases a SBREFA panel report, and any written comments from the small entity representatives, to the public at the same time that it releases an NPRM. As required by SBREFA, the Bureau's NPRMs reflect how the Bureau has acted on or otherwise responded to the report's recommendations. Additionally, in these rulemakings, as discussed further below, the RFA also requires additional impacts analysis concerning small entities, including consideration of potential alternatives.10

    7 Public Law 96-354, 94 Stat. 1164 (1980) (codified at 5 U.S.C. 601 et seq.).

    8 5 U.S.C. 609.

    9 Public Law 104-21, section 241, 110 Stat. 847, 864-65 (1996). These RFA requirements also apply to two other Federal agencies (the Environmental Protection Agency and the Occupational Safety and Health Administration). 5 U.S.C. 609(d). To date, the Bureau has conducted SBREFA panels for rulemakings regarding the integration of Truth in Lending Act and Real Estate Settlement Procedures Act mortgage disclosure requirements; mortgage servicing; residential mortgage loan origination standards; the Home Mortgage Disclosure Act; payday, vehicle, title, and similar loans; arbitration agreements; and debt collection. For issued SBREFA panel reports, see Bureau of Consumer Fin. Prot., “Small Business Review Panels,” https://www.consumerfinance.gov/policy-compliance/rulemaking/small-business-review-panels/ (last visited Feb. 26, 2018).

    10 5 U.S.C. 605(b).

    Analysis of impacts of proposed and final rules. The Dodd-Frank Act requires the Bureau to consider, in prescribing a rule under the Federal consumer financial laws, the potential benefits and costs to consumers and covered persons, including the potential reduction of access by consumers to consumer financial products or services resulting from the rule.11 The Bureau also must consider the impact of proposed rules on depository institutions and credit unions with $10 billion or less in assets and on consumers in rural areas.12 The RFA requires the Bureau either to certify that the rule will not have a significant economic impact on a substantial number of small entities or to analyze the rule's impacts on small entities and potential alternatives, as described above. The Paperwork Reduction Act 13 also requires the Bureau to identify the impact of information collection requirements in the rule and to meet certain other procedural requirements in connection with information collections. These impacts analyses are included in an NPRM and reviewed for final rules in light of comments received and further analysis.

    11 12 U.S.C. 5512(b)(2)(A)(i).

    12 12 U.S.C. 5512(b)(2)(A)(ii).

    13 44 U.S.C. 3501 et seq.

    Relatedly, pursuant to the Congressional Review Act (CRA), the Bureau must prepare a report on each final rule for each House of Congress and the Comptroller General of the Government Accountability Office.14 This report must include, among other things, the decision by the administrator of OMB OIRA as to whether the rule is a “major rule” as defined by the CRA.15

    14 5 U.S.C. 801(a)(1)(A).

    15 5 U.S.C. 801(a)(1)(ii); 5 U.S.C. 804(2).

    Consultation with other Federal agencies. The Dodd-Frank Act requires that the Bureau consult with appropriate prudential regulators or other Federal agencies prior to proposing a rule and before issuing a final rule regarding consistency with prudential, market, or systemic objectives administered by such agencies.16 In addition, as required by the Dodd-Frank Act, the Bureau and the Federal Trade Commission (FTC) have entered into a Memorandum of Understanding that provides for the Bureau and the FTC to consult with one another before proposing or finalizing a rule concerning unfair, deceptive, or abusive acts or practices, to avoid duplication or conflict between the agencies' respective rulemaking activities in this area.17

    16 12 U.S.C. 5512(b)(2)(B).

    17 12 U.S.C. 5581(b)(5)(D) (requiring this Memorandum of Understanding). The Bureau also must consult with the FTC before issuing a rule to define covered persons subject to its supervision authority. 12 U.S.C. 5514(a)(2).

    Overview of This Request for Information

    While many elements of Federal agency rulemaking are required by law, a number of the Bureau's rulemaking processes, and certain aspects of how the Bureau implements required processes, are discretionary, and the Bureau is using this request for information (RFI) to seek public input regarding these discretionary aspects of its rulemaking processes (the Bureau's processes). The Bureau encourages comments from all interested members of the public. The Bureau anticipates that the responding public may include entities and individuals subject to Bureau rules, trade associations that represent these businesses, individual consumers, consumer advocates, regulators, researchers or members of academia, and other entities or individuals that have submitted comments regarding Bureau rulemakings or provided feedback through other mechanisms.

    The Bureau will issue subsequent RFIs seeking public input regarding potential modifications to both regulations adopted by the Bureau and those inherited from other agencies, as well as about overall effectiveness and accessibility of the Bureau's guidance and implementation support. The purpose of this RFI is to seek feedback on the Bureau's processes outlined below; the Bureau is not seeking comment in this RFI on the content of any particular proposed or final rule. To provide comments on the Bureau's use of public and non-public external engagements, such as field hearings, town halls, and roundtables, please respond to the specific RFI on that topic, Docket No. CFPB-2018-0005, 83 FR 8247 (Feb. 26, 2018).

    Suggested Topics for Commenters

    To allow the Bureau to more effectively evaluate suggestions, the Bureau requests that, where possible, comments include:

    • Specific discussion of the positive and negative aspects of the Bureau's processes;

    • Specific suggestions regarding any potential updates or modifications to the Bureau's processes, consistent with the laws governing rulemaking processes, including, in as much detail as possible, the potential updates or modifications, supporting data or other information on impacts and costs of participation in rulemakings and on suggested changes thereto, information related to consumer and public benefit that might result from such changes, or information concerning alignment with the processes of other agencies with similar authorities; and

    • Specific identification of any aspects of the Bureau's processes that should not be modified, consistent with the laws governing rulemaking processes, and including, in as much detail as possible, supporting data or other information on impacts and costs, information related to consumer and public benefit resulting from these processes, or information concerning alignment with the processes of other agencies with similar authorities.

    The Bureau is seeking feedback on all discretionary aspects of the Bureau's processes, including current practices, timelines, and potential improvements in each stage of these processes. The following non-exhaustive list outlines the various stages of the Bureau's processes and includes particular queries regarding certain components of each stage. This list and related queries represent a preliminary attempt by the Bureau to identify elements of the Bureau's processes that may be of particular interest to the public. This 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 topics or others, the Bureau requests that commenters identify with specificity the Bureau practices at issue, providing citations to specific rulemakings or laws governing rulemakings where appropriate and available. Comments are welcome on any or all of the topics below, but please be sure to indicate on which topic or topic number you are commenting.

    The Bureau is seeking feedback on all aspects of the Bureau's processes including, but not limited to:

    Initial Outreach and Information Gathering

    1. Mechanisms used by the Bureau for gathering information, data, and feedback from stakeholders (i.e., industry, consumer advocates, and others) in advance of the steps outlined separately below, including:

    a. RFIs concerning market conditions or issues, particular regulatory options, or the process or content of Bureau research, or advance notices of proposed rulemaking inviting public comment to shape a potential proposed rule.

    b. Efforts to gather data from industry, academia, think tanks, consumer groups, and others to support quantitative analysis. Comment is specifically sought on methods by which the Bureau might better obtain meaningful, nationally representative data from stakeholders for use in assessing benefits and costs of proposed rules. The Bureau is particularly interested in suggestions on how the Bureau might best encourage industry and other stakeholders to share data to inform a potential proposed rule and whether concerns about treatment of proprietary business data could be better addressed consistent with existing law.

    2. Convening a SBREFA panel, when required as described above, including:

    a. The outline of the proposal under consideration and the analysis of potential impacts on small entities and regulatory alternatives that are released at the start of the SBREFA panel process.

    b. Selection of and interaction with small entity representatives during the SBREFA panel process.

    c. The SBREFA panel report.

    d. Outreach to other stakeholders on the basis of public release of the outline of the proposal under consideration.

    3. Consultations with tribal governments in certain circumstances, which pursuant to Bureau policy may occur through meetings, telephone conferences, and other forms of communication and outreach prior to issuing an NPRM, as well as through a formal request for comment from tribal governments and tribal members in an NPRM.18

    18See Bureau of Consumer Fin. Prot., “Policy for Consultation with Tribal Governments,” available at http://files.consumerfinance.gov/f/201304_cfpb_consultations.pdf.

    Notices of Proposed Rulemaking

    4. The content of the NPRM itself, including:

    a. The background section, which provides information about the relevant market and other applicable laws and regulations.

    b. Section-by-section analysis of the proposed regulatory text and commentary, including the level of detail regarding the Bureau's rationale for its proposed rule, responsiveness to SBREFA panel report recommendations (where applicable), the level of detail in the section-by-section analysis about the NPRM's draft regulatory text and commentary, and the questions and topics about which comment is requested.

    c. Impact analyses for the proposed rule, including the qualitative and quantitative analysis therein, and the data on which they rely.

    d. The proposed regulatory text and commentary, including the Bureau's use of commentary, appendices, and model or sample forms to provide interpretations and illustrations of regulatory text and, relatedly, the level of detail and the quantity of examples contained in proposed commentary.

    5. The Bureau's issuance of the NPRM, including the Bureau's general practice of releasing the NPRM on its website in advance of publication in the Federal Register, and supporting materials the Bureau may release simultaneously with an NPRM, such as a press release or consumer-facing blog post, as well as other high-level or summary material regarding the content of the NPRM.

    6. Comment periods for NPRMs, including the length of the comment period and extensions of comment periods in certain circumstances, whether and in what circumstances the Bureau should provide “reply periods” for commenters to review and formally respond to other commenters' comment letters, and whether and to what extent the Bureau should consider comments received after the close of the comment period.

    7. Mechanisms for encouraging additional feedback on all or part of a NPRM, including the use of online tools to solicit public feedback such as, for example, the Bureau's engagement from 2012 to 2014 with Cornell University's eRulemaking Initiative to garner public feedback via Cornell's website.19

    19 Reports based on comments received using this process were included in the relevant rulemaking dockets. See Cornell U., “Cornell eRulemaking Initiative,” http://regulationroom.org (last visited Feb. 26, 2018).

    8. The Bureau's processing and posting of comments received to its electronic docket on http://www.regulations.gov, including the ways of accepting comments, the timeframe to post comments, treatment of duplicative or largely duplicative comments, posting similar or related comments in batches rather than as separate entries, treatment of anonymous comments, treatment of comments where there may be questions about the commenter's identity, and ways to tabulate comments received.

    9. Outreach and engagement by the Bureau during and after the comment period, including meetings with stakeholders, and disclosure of such communications under the Bureau's ex parte policy.20

    20See Policy on Ex Parte Presentations in Rulemakings, 76 FR 18687 (Apr. 21, 2017) (revising policy in place since August 16, 2011). Written ex parte communications and summaries of oral ex parte communications are posted to the rulemaking docket on http://www.regulations.gov together with public comments received through the avenues specified in the NPRM.

    10. Consideration of new data, studies, and reports issued by other agencies or third parties after the NPRM is released.

    Final Rules

    11. The content of the notice issuing the final rule, including each of the elements listed above in topic 4 (for NPRMs) as well as the Bureau's explanation of its rationale for the final rule, the discussion in the section-by-section analysis about the final rule's regulatory text and commentary, the summary of and response to comments received on the NPRM (including those specifically regarding the impact analyses), and the explanation of changes from the NPRM.

    12. The Bureau's release of the final rule on its website in advance of publication in the Federal Register and supporting materials the Bureau may release simultaneously with a final rule, which may include a press release, consumer-facing blog post, remarks by the Bureau's Director presented at a public event or press call, other high-level or summary material regarding the content of the final rule, and select regulatory implementation materials.

    Authority:

    12 U.S.C. 5511(c).

    Dated: March 6, 2018. Mick Mulvaney, Acting Director, Bureau of Consumer Financial Protection.
    [FR Doc. 2018-04824 Filed 3-8-18; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE [Transmittal No. 18-02] Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Arms sales notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of an arms sales notification.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.

    SUPPLEMENTARY INFORMATION:

    This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 18-02 with attached Policy Justification and Sensitivity of Technology.

    Dated: March 6, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN09MR18.005 BILLING CODE 5001-06-C Transmittal No. 18-02 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Ukraine

    (ii) Total Estimated Value:

    Major Defense Equipment * $29.5 million Other $17.5 million Total $47.0 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Major Defense Equipment (MDE):

    Two hundred ten (210) Javelin Missiles Thirty-seven (37) Javelin Command Launch Units (CLU) (includes two (2) CLUs to be used as spares)

    Non-MDE: Also included are Basic Skill Trainers (BST); United States Government (USG) and contractor technical assistance, transportation, training and other related elements of logistics and program support.

    (iv) Military Department: Army (UP-B-UBT)

    (v) Prior Related Cases, if any: None

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex

    (viii) Date Report Delivered to Congress: March 1, 2018

    * As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Ukraine—Javelin Missiles and Command Launch Units

    The Government of Ukraine has requested to buy two hundred ten (210) Javelin Missiles and thirty-seven (37) Javelin Command Launch Units (CLUs) (includes two (2) Javelin CLUs to be used as spares). Also included are Basic Skill Trainers (BST); United States Government and contractor technical assistance, transportation, training and other related elements of logistics and program support. The total estimated cost is not to exceed $47 million.

    This proposed sale will contribute to the foreign policy and national security of the United States by improving the security of Ukraine. The Javelin system will help Ukraine build its long-term defense capacity to defend its sovereignty and territorial integrity in order to meet its national defense requirements. Ukraine will have no difficulty absorbing this system into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The prime contractors will be Raytheon/Lockheed Martin Javelin Joint Venture of Orlando, Florida and Tucson, Arizona. However, these missiles are being provided from U.S. Army stocks and the CLUs will be obtained from on-hand Special Defense Acquisition Fund (SDAF)-purchased stocks. There are no known offset agreements proposed in conjunction with this potential sale.

    Implementation of this proposed sale will require U.S. Government and/or contractor representatives to travel to Ukraine temporarily in order to conduct training.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 18-02 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The Javelin Weapon System is a medium-range, man portable, shoulder-launched, fire and forget, anti-tank system for infantry, scouts, and combat engineers. The system weighs 49.5 pounds and has a maximum range in excess of 2,500 meters. They system is highly lethal against tanks and other systems with conventional and reactive armors. The system possesses a secondary capability against bunkers.

    2. Javelin's key technical feature is the use of fire-and-forget technology which allows the gunner to fire and immediately relocate or take cover. Additional special features are the top attack and/or direct fire modes, an advanced tandem warhead and imaging infrared seeker, target lock-on before launch, and soft launch from enclosures or covered fighting positions. The Javelin missile also has a minimum smoke motor thus decreasing its detection on the battlefield.

    3. The Javelin Weapon System is comprised of two major tactical components, which are a reusable Command Launch Unit (CLU) and a round contained in a disposable launch tube assembly. The CLU incorporates an integrated day-night sight that provides a target engagement capability in adverse weather and countermeasure environments. The CLU may also be used in a stand-alone mode for battlefield surveillance and target detection. The CLU's thermal sight is a second generation Forward Looking Infrared (FLIR) sensor. To facilitate initial loading and subsequent updating of software, all on-board missile software is uploaded via the CLU after mating and prior to launch.

    4. The missile is autonomously guided to the target using an imaging infrared seeker and adaptive correlation tracking algorithms. This allows the gunner to take cover or reload and engage another target after firing a missile. The missile has an advanced tandem warhead and can be used in either the top attack or direct fire modes (for target undercover). An onboard flight computer guides the missile to the selected target.

    5. The Javelin Missile System hardware and the documentation are UNCLASSIFIED. The missile software which resides in the CLU is considered SENSITIVE. The sensitivity is primarily in the software programs which instruct the system how to operate in the presence of countermeasures. The overall hardware is also considered sensitive in that the infrared wavelengths could be useful in attempted countermeasure development.

    6. If a technologically advanced adversary obtains knowledge of the specific hardware and software elements, the information could be used to develop countermeasures or equivalent systems that might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities.

    7. A determination has been made that Ukraine can provide substantially the same degree of protection for the sensitive technology being released as the U.S. Government. This proposed sale is necessary to further the U.S. foreign policy and national security objectives outlined in the Policy Justification.

    8. All defense articles and services listed on this transmittal are authorized for release and export to the Government of Ukraine.

    [FR Doc. 2018-04822 Filed 3-8-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE [Transmittal No. 17-78] Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Arms sales notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of an arms sales notification.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.

    SUPPLEMENTARY INFORMATION:

    This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 17-78 with attached Policy Justification and Sensitivity of Technology.

    Dated: March 6, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN09MR18.004 BILLING CODE 5001-06-C Transmittal No. 17-78 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Kuwait

    (ii) Total Estimated Value:

    Major Defense Equipment * $ 0 million Other $259 million Total $259 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Major Defense Equipment (MDE): None

    Non-MDE: Four (4) King Air 350ER ISR aircraft with enhanced PT6A-67A engines and one (1) engine spare; four (4) AN/AAQ-35 WESCAM MXndash;15HDi Electro-Optical & Infrared Imaging Sensor Turret; four (4) Selex Seaspray 7500E Active Electronically Scanned Array Radars (AESA); AN/AAR-47 Missile Warning Systems (MWS); AN/ALE-47 Countermeasure Dispenser Systems; secure communications, cryptographic, and precision navigation equipment; Identification Friend or Foe (IFF) Systems; aircraft modification and integration for ISR mission systems; facility design and construction; ground data processing systems and support equipment; spares and repair parts; support and test equipment; simulators, training and training equipment; publications and technical documentation; U.S. Government and contractor engineering, technical and logistics support services; and other related elements of logistical and program support. Additionally, one of the four aircraft will be further modified to accommodate VIP/senior leadership personnel for transport and Med Evac capability or command and control, and other related elements of logistical support.

    (iv) Military Department: Air Force (KU-D-SAB)

    (v) Prior Related Cases, if any: None

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex

    (viii) Date Report Delivered to Congress: February 21, 2018

    *As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Kuwait—Intelligence, Surveillance, and Reconnaissance King Air 350ER

    The Government of Kuwait has requested a possible sale of four (4) King Air 350ER Intelligence, Surveillance, and Reconnaissance (ISR) aircraft with enhanced PT6A-67A engines and one (1) engine spare; four (4) AN/AAQ-35 WESCAM MX-15HDi Electro-Optical & Infrared Imaging Sensor Turret; four (4) Selex Seaspray 7500E Active Electronically Scanned Array Radars (AESA); AN/AAR-47 Missile Warning Systems (MWS); AN/ALE-47 Countermeasure Dispenser Systems; secure communications, cryptographic, and precision navigation equipment; Identification Friend or Foe (IFF) Systems; aircraft modification and integration for ISR mission systems; facility design and construction; ground data processing systems and support equipment; spares and repair parts; support and test equipment; simulators, training and training equipment; publications and technical documentation; U.S. Government and contractor engineering, technical and logistics support services; and other related elements of logistical and program support. Additionally, one of the four aircraft will be further modified to accommodate VIP/senior leadership personnel for transport and Med Evac capability or command and control, and other related elements of logistical support. The estimated total case value is $259 million.

    This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a friendly country. Kuwait plays a large role in U.S. efforts to advance stability in the Middle East, providing basing, access, and transit for U.S. forces in the region.

    The proposed sale will enable Kuwait to gather its own airborne ISR data. This capability will improve Kuwait's situational awareness, armed forces posture, and armed forces capability to respond to threats. Enhancing Kuwait's Command, Control, Communications, Computers, & Intelligence (C4I) capability will result in the potential for greater burden sharing. The proposed sale of items and services will establish Kuwait's first dedicated airborne ISR fleet. The King Air 350ER ISR is part of the Kuwaiti Air Force's rapid expansion and modernization efforts, and is a priority for Kuwait and the United States. Kuwait will have no difficulty absorbing this equipment into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The principal contractor will be Sierra Nevada Corporation, Hagerstown, MD. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale will not require the long term assignment of any additional U.S. Government representatives to Kuwait. There will be U.S. contractor field representatives relocating to Kuwait in order provide day-to-day maintenance and logistics support.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 17-78 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. King Air 350ER is an Intelligence, Surveillance, and Reconnaissance (ISR) aircraft, a specifically modified B350ER, capable of operating in austere environments while providing real-time ISR. It is equipped with an integrated electro-optical and infrared (E.O./IR) which gives it a day/night ISR capability. Additionally, the aircraft will have a signal intercept system capable of searching, direction finding (geo-locating), collection, and on-board analysis of simple signals of interest in the very high frequency (VHF) and ultra-high frequency (UHF) broadcast bands. It will also have synthetic aperture radar (SAR) to provide spot and strip ground mapping along with ground moving target indicator (GMTI) modes. It will also have onboard workstations that will control the intercept system and E.O./IR system. The system will provide voice and data communication with personnel on the ground to share collected data. Aircraft hardware and software are UNCLASSIFIED; technical data and documentation to be provided are UNCLASSIFIED.

    2. Small Tactical Terminal (STT) KOR-24A is a two-channel radio for Link 16 networks and tactical wideband UHF or legacy VHF/UHF systems. The Link 16 command, control, communications, and intelligence (C3I) system incorporating high-capacity, jam-resistant, digital communication links for exchange of near real-time tactical information, including both data and voice, among air, ground, and sea elements. Hardware is UNCLASSIFIED. Technical data and documentation to be provided is UNCLASSIFIED.

    3. AN/AAQ-35 WESCAM MX-15HDi Electro-Optical & Infrared Imaging Sensor Turret is a gyro-stabilized, multi-spectral, multi-field of view E.O./IR system. The system provides color daylight TV and nighttime IR video with a laser range finder and laser pointer through use of an externally mounted turret sensor unit and internally mounted sensor control. Video imagery is displayed in the aircraft real time and may be recorded for subsequent ground analysis. Hardware is UNCLASSIFIED. Technical data and documentation to be provided are UNCLASSIFIED.

    4. Selex Seaspray 7500E is a multi-mode radar combines a state-of-the-art Active Electronically Scanned Array (AESA) with Commercial Off-The-Shelf (COTS) processor. It provides strip and spotlight SAR imaging and ground moving target indicator (GMTI) capability for all-weather and wide range surveillance. Hardware is UNCLASSIFIED. Technical data and documentation to be provided is UNCLASSIFIED.

    5. AAR-47 Missile Warning Systems is a small, lightweight, passive, electro-optic, threat warning device used to detect surface-to-air missiles and automatically provide countermeasures, as well as audio and visual-sector warning messages to the aircrew. Hardware is UNCLASSIFIED. Software is SECRET. Technical data and documentation to be provided are UNCLASSIFIED.

    6. ALE-47 Countermeasure Dispenser Systems (CMDS) provides an integrated threat-adaptive, computer controlled capability for dispensing chaff, flares, and active radio frequency expendables. The AN/ALE 47 uses threat data received over the aircraft interfaces to assess the threat situation and determine a response. Expendable routines tailored to the immediate aircraft and threat environment may be dispensed using one of four operational modes. Hardware is UNCLASSIFIED. Software is SECRET. Technical data and documentation to be provided are UNCLASSIFIED.

    7. AN/APX-119 Identification Friend or Foe combined transponder interrogator system is UNCLASSIFIED unless Mode IV or V operational evaluator parameters, which are SECRET, are loaded into the equipment.

    8. This sale will involve the release of sensitive and or classified cryptographic elements for secure communications radios, cryptographic equipment, and precision navigation equipment. The hardware is UNCLASSIFIED, except where systems are loaded with cryptographic software, which is classified up to SECRET.

    9. If a technologically advanced adversary were to obtain knowledge of specific hardware, the information could be used to develop countermeasures which might reduce weapons system effectiveness or be used in the development of a system with similar or advanced capabilities.

    10. A determination has been made that Kuwait can provide substantially the same degree of protection for sensitive technology being released as the U.S. Government. This proposed sustainment program is necessary to the furtherance of the U.S. foreign policy and national security objectives outlined in the policy justification.

    11. All defense articles and services listed on this transmittal are authorized for release and export to the Government of Kuwait.

    [FR Doc. 2018-04796 Filed 3-8-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 17-56] Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Arms sales notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.

    SUPPLEMENTARY INFORMATION:

    This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 17-56 with attached Policy Justification and Sensitivity of Technology.

    Dated: March 6, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN09MR18.001 BILLING CODE 5001-06-C Transmittal No. 17-56 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Kuwait

    (ii) Total Estimated Value:

    Major Defense Equipment * $ 2.6 million Other $97.4 million Total $100.0 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: The Government of Kuwait has requested the possible sale of fifteen (15) 13.6 meter Fast Patrol Boats.

    Major Defense Equipment (MDE): Thirty-six (36) .50 Caliber Machine Guns (thirty (30) installed, two (2) per boat and six (6) spares)

    Non-MDE: This request includes fifteen (15) 13.6 meter Fast Patrol Boats outfitted with support equipment, and personnel training and training equipment, U.S. Government and contractor engineering, technical and logistics support services, and other related elements of logistical and program support.

    (iv) Military Department: Navy (KU-P-SBK)

    (v) Prior Related Cases, if any: None

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex

    (viii) Date Report Delivered to Congress: February 20, 2018

    *As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Government of Kuwait—Fast Patrol Boats

    The Government of Kuwait has requested to purchase fifteen (15) fast patrol boats outfitted with thirty-six (36) .50 caliber machine guns (thirty (30) installed, two (2) per boat and six (6) spares). This request also includes support equipment, personnel training and training equipment, U.S. Government and contractor engineering, technical and logistics support services, and other related elements of logistical and program support. The estimated total case value is $100 million.

    This proposed sale will contribute to the foreign and national security of the United States by improving the security of a friendly country. Kuwait plays a key role in U.S. efforts to advance stability in the Middle East, providing basing, access, and transit of U.S. forces in the region.

    Kuwait intends to use the boats for patrol, interdiction, and maritime protection. These boats will help Kuwait develop and maintain a strong and ready self-defense capability. Kuwait will have no difficulty absorbing this equipment into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The prime contractor will be Kvichak (a Vigor Company), Kent, Washington. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale will require multiple trips by U.S. Government and contractor representatives to participate in program and technical reviews plus training and maintenance support in country, on a temporary basis, for a period of twenty-four (24) months. It will also require three (3) contractor representatives to reside in country for a period of two (2) years to support this program.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 17-56 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The following components and technical documentation for the program are classified as listed below:

    a. The Browning M2 .50 caliber machine gun is an automatic, recoil operated, air-cooled machine gun which has been modified for shipboard use. Its classification level is UNCLASSIFIED.

    b. The Fast Patrol Boat is a 13.6 meter (45-foot) utility boat used by the United States Coast Guard as a Response Boat Medium (RB-M). The boats are built by Kvichak Marine Industries of Kent, Washington and Marinette Marine Corporation of Marinette, Wisconsin. While primarily designed as a Search and Rescue (SAR) asset the RB-M is also used to perform Recreational Boating Safety (RBS), Marine Environmental Protection (MEP), Enforcement of Laws and Treaties (ELT), Ports, Waterways, and Coastal Security (PWCS) and Defense Operations (DO), including those traditional missions associated with Border Protection. The RB-M is powered by two MTU Detroit Diesel turbocharged Series 60 engines (825 hp) and two Rolls-Royce FF-Series waterjets with a top speed of 42.5 knots and a range of 250nm. The RB-Ms classification level is UNCLASSIFIED.

    2. All defense articles and services listed in this transmittal are authorized for release and export to the Government of the Kuwait.

    [FR Doc. 2018-04784 Filed 3-8-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 17-75] Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Arms sales notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.

    SUPPLEMENTARY INFORMATION:

    This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 17-75 with attached Policy Justification and Sensitivity of Technology.

    Dated: March 6, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN09MR18.000 BILLING CODE 5001-06-C Transmittal No. 17-75 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Finland

    (ii) Total Estimated Value:

    Major Defense Equipment * $60 million Other $10 million Total $70 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Major Defense Equipment (MDE):

    Four (4) MK 41 Baseline VII Strike-Length Vertical Launching Systems

    Non-MDE:

    Also included are spares, handling equipment, test equipment, operator manuals and technical documentation, U.S. Government and contractor engineering, training, technical, and logistical support services, and other related elements of logistical support.

    (iv) Military Department: Navy (FI-P-LBN)

    (v) Prior Related Cases, if any: None

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex

    (viii) Date Report Delivered to Congress: February 20, 2018

    * As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Finland—Mk 41 Vertical Launching Systems

    The Government of Finland has requested a possible sale of four (4) Mk 41 Baseline VII Strike-Length Vertical Launching Systems. Also included are spares, handling equipment, test equipment, operator manuals and technical documentation, U.S. Government and contractor engineering, training, technical, and logistical support services, and other related elements of logistical support. The estimated total case value is $70 million.

    This proposed sale will support the foreign policy and national security objectives of the United States by improving the security of a partner nation that has been, and continues to be, an important force for political stability and economic progress in Europe.

    Finland intends to use the vertical launching systems on four new construction corvettes that will make up the Finnish Navy's Squadron 2020. The vertical launching systems will enable Finland to acquire missiles that will significantly enhance the Finnish Navy's area defense capabilities over critical air-and-sea-lines of trade and communication. The proposed sale of the Mk 41 will increase the Finnish Navy's maritime partnership, interoperability, and regional security capability. Finland has not purchased the Mk 41 previously, but will have no difficulty incorporating this capability into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The principal contractor will be Lockheed Martin Corporation, Bethesda, MD. The purchaser typically requests offsets. Any offset agreement will be defined in negotiations between the purchaser and the contractor.

    Implementation of this proposed sale will require up to 12 U.S. Government personnel and up to five contractor representatives to travel to Finland providing support over a period of ten years.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 17-75 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The Mk 41 Vertical Launching System (VLS) is a fixed, vertical, multi-missile launching system with the capability to store and launch multiple missile variants depending on the warfighting mission, including the Evolved Sea Sparrow Missile (ESSM) and Standard Missile 2 (SM-2). This proposed sale would provide tactical VLS capability for the ESSM. Mk 41 VLS is a modular below-deck configuration with each module consisting of 8 missile cells with an associated gas management and deluge system. The highest classification of the hardware in the proposed sale is UNCLASSIFIED. The highest classification of the technical documentation in the proposed sale is UNCLASSIFIED. The highest classification of the software to be exported is CONFIDENTIAL.

    2. If a technologically advanced adversary were to obtain knowledge of specific hardware, the information could be used to develop countermeasures which might reduce weapons system effectiveness or be used in the development of a system with similar or advanced capabilities.

    3. A determination has been made that Finland can provide substantially the same degree of protection for sensitive technology being released as the U.S. Government. This proposed sustainment program is necessary to the furtherance of the U.S. foreign policy and national security objectives outlined in the policy justification.

    4. All defense articles and services listed on this transmittal are authorized for release and export to the Government of Finland.

    [FR Doc. 2018-04777 Filed 3-8-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE [Transmittal No. 17-66] Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Arms sales notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of an arms sales notification.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.

    SUPPLEMENTARY INFORMATION:

    This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 17-66 with attached Policy Justification and Sensitivity of Technology.

    Dated: March 6, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN09MR18.002 BILLING CODE 5001-06-C Transmittal No. 17-66 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of the Netherlands

    (ii) Total Estimated Value:

    Major Defense Equipment * $ 829 million Other $ 362 million Total $1.191 billion

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: The Government of the Netherlands has requested the possible sale of items and services to support the upgrade/remanufacture of twenty-eight (28) AH-64D Block II Apache Attack Helicopters to the AH-64E configuration.

    Major Defense Equipment (MDE):

    Fifty-one (51) T700-GE-701D Engines (42 remanufactured engines to be installed and 9 spares) Seventeen (17) AN/APG-78 Fire Control Radars and Subcomponents Twenty-eight (28) AN/ASQ-170 Modernized Target Acquisition and Designation Sights (MTADS)/AN/AAR-11 Modernized Pilot Night Vision Sensors (PNVS) Twenty-eight (28) AN/APR-48B Modernized Radar Frequency Interferometers (MRFI) Seventy (70) Embedded Global Positioning System/Inertial Navigation Systems (EGI) plus Multi-Mode Receiver (56 installed, 14 spares)

    Non-MDE:

    Non-MDE items and services to support the upgrade/remanufacturing of the existing AH-64D Block II Apache Attack Helicopters to AH-64E configuration, training devices, helmets, simulators, generators, transportation, wheeled vehicles and organization equipment, spare and repair parts, support equipment, tools and test equipment, technical data and publications, personnel training and training equipment, U.S. Government and contractor engineering, technical, and logistics support services, and other related elements of logistics and program support.

    (iv) Military Department: Army (NE-B-WJW)

    (v) Prior Related Cases, if any: NE-B-VXC, NE-B-WDP, NE-B-WES, NE-B-WBW, NE-B-WHD, NE-B-WGC

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex

    (viii) Date Report Delivered to Congress: February 20, 2018

    * As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Netherlands—AH-64E Remanufactured Apache Attack Helicopters

    The Government of the Netherlands has requested the possible sale of items and services to support the upgrade/remanufacture of twenty-eight (28) AH-64D Block II Apache Attack Helicopters to the AH-64E configuration to include upgrading fifty-one (51) remaining T700-GE-701C Engines to T700-GE-701D (42 engines to be installed, 9 spares), seventeen (17) AN/APG-78 Fire Control Radar (FCR) and subcomponents, twenty-eight (28) AN/ASQ-170 Modernized Target Acquisition and Designation Sights (MTADS)/AN/AAR-11 Modernized Pilot Night Vision Sensors (PNVS), twenty-eight (28) AN/APR-48B Modernized Radar Frequency Interferometers (MRFI), and seventy (70) Embedded Global Positioning System/Inertial Navigation Systems (EGI) plus Multi-Mode Receiver. Non-MDE items and services to support the upgrade/remanufacturing of the existing AH-64D Block II Apache Attack Helicopters to AH-64E configuration, training devices, helmets, simulators, generators, transportation, wheeled vehicles and organization equipment, spare and repair parts, support equipment, tools and test equipment, technical data and publications, personnel training and training equipment, U.S. Government and contractor engineering, technical, and logistics support services, and other related elements of logistics and program support. The estimated total case value is $1.191 billion.

    This proposed sale will support the foreign policy and national security objectives of the United States by improving the security of a NATO ally which has been, and continues to be, an important force for political stability and economic progress in Europe. It is vital to U.S. national interests to assist the Netherlands to develop and maintain a strong and ready self-defense capability.

    The proposed sale of the AH-64E remanufacture will improve the Netherlands' capability to meet current and future threats of enemy. The Netherlands will use the enhanced capability to strengthen its homeland defense and deter regional threats, and provide direct support to coalition and security cooperation efforts. The Netherlands will have no difficulty absorbing this aircraft upgrade into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The principal contractors are Boeing Company, St. Louis, MO and Lockheed Martin, Bethesda, MD. The purchaser typically requests offsets. Any offset agreement will be defined in negotiations between the purchaser and the contractor.

    Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to the Netherlands.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 17-66 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The AH-64E Apache Attack Helicopter weapon system contains communications and target identification equipment, navigation equipment, aircraft survivability equipment, displays, and sensors. The airframe itself does not contain sensitive technology; however, the pertinent equipment listed below will either be installed on the aircraft or included in the sale:

    a. The AN/APG-78 Fire Control Radar (FCR) is an active, low-probability of intercept, millimeter-wave radar, combined with a passive AN/APR-48B Modernized Radar Frequency Interferometer (M-RFI) mounted on top of the helicopter mast. The FCR Ground Targeting Mode detects, locates, classifies and prioritizes stationary or moving armored vehicles, tanks and mobile air defense systems as well as hovering helicopters, helicopters, and fixed wing aircraft in normal flight. The M-RFI detects threat radar emissions and determines the type of radar and mode of operation. The FCR data and M-RFI data are fused for maximum synergism. If desired, the radar data can be used to refer targets to the regular electro-optical Modernized Target Acquisition and Designation Sight (MTADS), permitting additional visual/infrared imagery and control of weapons, including the semi-active laser version of the HELLFIRE II missile. Critical system information is stored in the FCR in the form of mission executable code, target detection, classification algorithms and coded threat parametrics. This information is provided in a form that cannot be extracted by the foreign user via anti-tamper provisions built into the system. The content of these items is classified SECRET. The M-RFI is a passive radar detection and direction finding system, which utilizes a detachable User Data Module (UDM) on the RFI processor, which contains the Radio Frequency threat library. The UDM, which is a hardware assemblage, is classified CONFIDENTIAL when programmed with threat parameters, threat priorities and/or techniques derived from U.S. intelligence information.

    b. The AN/ASQ-170 Modernized Target Acquisition and Designation Sight/AN/AAQ-11 Pilot Night Vision Sensor (MTADS/PNVS) provides day, night, and limited adverse weather target information, as well as night navigation capabilities. The PNVS provides thermal imaging that permits map-of-the-earth flight to, from, and within the battle area, while TADS provides the co-pilot gunner with search, detection, recognition, and designation by means of Direct View Optics (DVO), EI2 television, and Forward Looking Infrared (FLIR) sighting systems that may be used singularly or in combinations. Hardware is UNCLASSIFIED. Technical manuals for authorized maintenance levels are UNCLASSIFIED.

    c. The AN/APR-48B Modernized Radar Frequency Interferometer (M-RFI) is an updated version of the passive radar detection and direction finding system. It utilizes a detachable UDM on the M-RFI processor, which contains the Radar Frequency (RF) threat library. The UDM, which is a hardware assemblage item, is classified CONFIDENTIAL when programmed with threat parametrics, threat priorities and/or techniques derived from U.S. intelligence information. Hardware becomes CLASSIFIED when populated with threat parametric data.

    d. KIV-77 A common IFF Applique Crypto Computer that provides information assurance for the IFF interrogators and transponders using Modes 4 and 5. The hardware is classified UNCLASSIFIED. This item is CCI and SENSITIVE. Releasable technical manuals for operation and maintenance are classified FOUO.

    e. The Embedded Global Positioning System/Inertial Navigation System plus Multi- Mode Receiver (EGI+MMR) EGI GEM V 3.3 W/SAASM PN: 3424 9950-R004-XXX Software Security Core PN: CP34211974-003 (CP34211903-002), GCORE 3 ver 3 SAASM with MMR. The aircraft has two EGIs which use internal accelerometers, rate gyro measurements, and external sensor measurements to estimate the aircraft state, provides aircraft flight and position data to aircraft systems. The EGI is a velocity-aided, strap down, ring laser gyro based inertial unit. The EGI unit houses a 12-channel (GEM 5) GPS receiver. The receiver is capable of operating in either non-encrypted (C/A code) or encrypted (P/Y code). The Group User Variable (GUV) is the normal encryption key used when operating in the P/Y code mode. The GUV key is loaded into the EGI using an ANACD-10 or equivalent device. When keyed, the GPS receiver will automatically use anti-spoof/jam capabilities when they are in use. The EGI will retain the key through power on/off/on cycles. Because of safeguards built into the EGI, it is not considered classified when keyed. Integrated within the EGI is an Inertial Measurement Unit (IMU) with processing functions for performing the inertial navigation computations, GPS card, receiver management, and Kalman filter estimates to support all aircraft and weapon systems position and navigation computations. Each EGI also houses a Multi-Mode Receiver (MMR). The MMR is incorporated to provide for reception of ground based NAVAID signals for instrument aided flight. Provides IMC/IFR integration and certification of improved Embedded Global Positioning System and Inertial (EGI) unit with attached MMR, with specific cockpit instrumentation that allows Apaches to operate within the worldwide IFR route structure. Also includes integration of the Common Army Aviation Map (CAAM), Area Navigation (RNAV), Digital Aeronautical Flight Information File (DAFIF) and Global Air Traffic Management (GATM) compliance.

    2. If a technologically advanced adversary were to obtain knowledge of specific hardware, the information could be used to develop countermeasures which might reduce weapons system effectiveness or be used in the development of a system with similar or advanced capabilities.

    3. A determination has been made that the Netherlands can provide substantially the same degree of protection for sensitive technology being released as the U.S. Government. This proposed sustainment program is necessary to the furtherance of the U.S. foreign policy and national security objectives outlined in the policy justification.

    4. All defense articles and services listed on this transmittal are authorized for release and export to the Government of the Netherlands.

    [FR Doc. 2018-04807 Filed 3-8-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE [Transmittal No. 18-01] Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Arms sales notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of an arms sales notification.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.

    SUPPLEMENTARY INFORMATION:

    This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 18-01 with attached Policy Justification and Sensitivity of Technology.

    Dated: March 6, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN09MR18.003 BILLING CODE 5001-06-C Transmittal No. 18-01 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Sweden

    (ii) Total Estimated Value:

    Major Defense Equipment * $2.3 billion Other $ .9 billion Total $3.2 billion

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: Four (4) Patriot Configuration-3+ Modernized Fire Units consisting of:

    Major Defense Equipment (MDE):

    Four (4) AN/MPQ-65 Radar Sets Four (4) AN/MSQ-132 Engagement Control Stations Nine (9) Antenna Mast Groups Twelve (12) M903 Launching Stations One hundred (100) Patriot MIM-104E Guidance Enhanced Missile Tactical Ballistic Missile (GEM-T) Missiles Two hundred (200) Patriot Advanced Capability-3 (PAC-3) Missile Segment Enhancement (MSE) Missiles Four (4) Electrical Power Plants (EPP) III

    Non-MDE includes:

    Also included with this request are communications equipment, tools and test equipment, range and test programs, support equipment to include associated vehicles, prime movers, generators, publications and technical documentation, training equipment, spare and repair parts, personnel training, Technical Assistance Field Team (TAFT), U.S. Government and contractor technical, engineering, and logistics support services, Systems Integration and Checkout (SICO), field office support, and other related elements of logistics and program support.

    (iv) Military Department: Army

    (v) Prior Related Cases, if any: None

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex.

    (viii) Date Report Delivered to Congress: February 20, 2018

    * As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Sweden—Patriot Configuration-3+ Modernized Fire Units

    The Government of Sweden has requested to buy four (4) Patriot Configuration-3+ Modernized Fire Units consisting of: four (4) AN/MPQ-65 radar sets, four (4) AN/MSQ-132 engagement control stations, nine (9) antenna mast groups, twelve (12) M903 launching stations, one hundred (100) Patriot MIM-104E Guidance Enhanced Missile-TBM (GEM-T) missiles, two hundred (200) Patriot Advanced Capabilty-3 (PAC-3) Missile Segment Enhancement (MSE) missiles, and four (4) Electrical Power Plants (EPP) III. Also included with this request are communications equipment, tools and test equipment, range and test programs, support equipment to include associated vehicles, prime movers, generators, publications and technical documentation, training equipment, spare and repair parts, personnel training, Technical Assistance Field Team (TAFT), U.S. Government and contractor technical, engineering, and logistics support services, Systems Integration and Checkout (SICO), field office support, and other related elements of logistics and program support. The total estimated program cost is $3.2 billion.

    This proposed sale will support the foreign policy and national security objectives of the United States by helping to improve the security of a strategic partner which has been, and continues to be, an important force for political stability and economic progress within the Baltic Sea region and across Europe.

    The proposed sale of the Patriot missile system will improve Sweden's missile defense capability. Sweden will use the Patriot system to defend its territorial integrity and promote regional stability. The proposed sale will increase the defensive capabilities of the Swedish military and support interoperability with U.S. and NATO forces. Sweden will have no difficulty absorbing this equipment into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The prime contractors will be Raytheon Corporation in Andover, Massachusetts, and Lockheed-Martin in Dallas, Texas. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale will require approximately 24 U.S. Government and 32 contractor representatives to travel to Sweden for an extended period for equipment de-processing/fielding, system checkout, training, and technical and logistics support.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 18-01 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The Patriot Air Defense System contains classified CONFIDENTIAL hardware components, SECRET tactical software and CRITICAL/SENSITIVE technology. Patriot ground support equipment and Patriot missile hardware contain CONFIDENTIAL components and the associated launcher hardware is UNCLASSIFIED. The items requested represent significant technological advances for Sweden Patriot. The Patriot Air Defense System continues to hold a significant technology lead over other surface-to-air missile systems in the world.

    2. The Patriot sensitive/critical technology is primarily in the area of design and production know-how and primarily inherent in the design, development and/or manufacturing data related to certain components. The list of components is classified CONFIDENTIAL.

    3. Information on system performance capabilities, effectiveness, survivability, missile seeker capabilities, select software/software documentation and test data are classified up to and including SECRET.

    4. If a technologically advanced adversary were to obtain knowledge of the hardware and software elements, the information could be used to develop countermeasures or equivalent systems which might reduce system effectiveness or be used in the development of a system with similar or advanced capabilities.

    5. A determination has been made that Sweden can provide substantially the same degree of protection for the sensitive technology being released as the U.S. Government. This sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification.

    6. All defense articles and services listed in this transmittal have been authorized for release and export to Sweden.

    [FR Doc. 2018-04817 Filed 3-8-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Navy Meeting of the Board of Visitors of Marine Corps University AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    The Board of Visitors of the Marine Corps University (BOV MCU) will meet to review, develop and provide recommendations on all aspects of the academic and administrative policies of the University; examine all aspects of professional military education operations; and provide such oversight and advice, as is necessary, to facilitate high educational standards and cost effective operations. The Board will be focusing primarily on the internal procedures of Marine Corps University. All sessions of the meeting will be open to the public.

    DATES:

    The meeting will be held on Thursday, May 17, 2018, from 8:00 a.m. to 4:30 p.m. and Friday, May 18, 2018, from 8:00 a.m. to 12:30 p.m. Eastern Time Zone.

    ADDRESSES:

    The meeting will be held at Marine Corps University in Quantico, Virginia. The address is: 2076 South Street, Quantico, VA 22134.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Kirn Florich, Director of Faculty Development and Outreach, Marine Corps University Board of Visitors, 2076 South Street, Quantico, Virginia 22134, telephone number 703-432-4682.

    Dated: March 5, 2018. E.K. Baldini, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-04814 Filed 3-8-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Government-Owned Inventions; Available for Licensing AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Navy (DoN) announces the availability of the inventions listed below, assigned to the United States Government, as represented by the Secretary of the Navy, for domestic and foreign licensing by the Department of the Navy.

    ADDRESSES:

    Requests for copies of the patents cited should be directed to Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, Email [email protected].

    SUPPLEMENTARY INFORMATION:

    The following patents are available for licensing: Patent No. 9,857,157 (Navy Case No. 200273): STAND-OFF CHARGE SYSTEM INCLUDING AN ATTACHMENT BRACKET AND RELATED METHODS//Patent No. 9,885,538 (Navy Case No. 200415): ADJUSTABLE ERGONOMIC GRIP FOR A WEAPON//and Patent No. 9,885,745 (Navy Case No. 200338): APPARATUS AND METHOD FOR INTEGRATED CIRCUIT FORENSICS.

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: March 1, 2018. E.K. Baldini, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-04809 Filed 3-8-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Intent To Grant Partially Exclusive Patent License; NXTANT Inc. AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice of intent to grant license.

    SUMMARY:

    The Department of the Navy hereby gives notice of its intent to grant to NXTANT Inc. a partially exclusive license to practice the Government-owned inventions described in the following U.S. Patents: U.S. Patent No. 8427249 titled “Resonator with reduced acceleration sensitivity and phase noise using time domain switch”; U.S. Patent No. 8490462 titled “Auto-ranging for time domain inertial sensor”; U.S. Patent No. 8650955 titled “Time domain switched gyroscope”; U.S. Patent No. 8875576 titled “Apparatus and method for providing an in-plane inertial device with integrated clock”; U.S. Patent No. 8991250 titled “Tuning fork gyroscope time domain inertial sensor”; U.S. Patent No. 9103673 titled “Inertial sensor using sliding plane proximity switches”; U.S. Patent No. 9128496 titled “Auto-ranging for time domain extraction of perturbations to sinusoidal oscillation”; U.S. Patent No. 9157814 titled “Apparatus and methods for time domain measurement using phase shifted virtual intervals”; U.S. Patent No. 9705450 titled “Apparatus and methods for time domain measurement of oscillation perturbations”; U.S. Patent No. 9715480 titled “Method for analytical reconstruction of digital signals via stitched polynomial fitting”; as well as any corresponding foreign patent applications and any foreign patent issuing thereon, and any re-issue.

    DATES:

    Anyone wishing to object to the grant of this license has fifteen (15) days from the publication date of this notice to file written objections along with supporting evidence, if any.

    ADDRESSES:

    Written objections are to be filed with the Office of Research and Technology Applications, Space and Naval Warfare Systems Center Pacific, Code 72120, 53560 Hull St., Bldg. A33, Room 2531, San Diego, CA 92152-5001.

    File an electronic copy of objections with [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Mr. Paul Herbert, 619-553-5118, [email protected]

    (Authority: 35 U.S.C. 209(e); 37 CFR 404.7) Dated: March 1, 2018. E.K. Baldini, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-04811 Filed 3-8-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)—Grants to State Entities AGENCY:

    Office of Innovation and Improvement, Department of Education.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Education is issuing a notice inviting applications for fiscal year (FY) 2018 for CSP—Grants to State Entities, Catalog of Federal Domestic Assistance (CFDA) number 84.282A.

    DATES:

    Applications Available: March 9, 2018.

    Date of Pre-Application Webinar: Wednesday, March 14, 2018, 2:00 p.m., Eastern Time.

    Deadline for Transmittal of Applications: April 20, 2018.

    Deadline for Intergovernmental Review: June 22, 2018.

    ADDRESSES:

    For the addresses for obtaining and submitting an application, please refer to our Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on February 12, 2018 (83 FR 6003) and available at www.thefederalregister.org/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.

    FOR FURTHER INFORMATION CONTACT:

    Amy B. Huber, U.S. Department of Education, 400 Maryland Avenue SW, Room 4W222, Washington, DC 20202-5970. Telephone: (202) 453-6634 or by email: [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The major purposes of the CSP are to expand opportunities for all students, particularly traditionally underserved students, to attend public charter schools and meet challenging State academic standards; provide financial assistance for the planning, program design, and initial implementation of charter schools; increase the number of high-quality charter schools available to students across the United States; evaluate the impact of charter schools on student achievement, families, and communities; share best practices between charter schools and other public schools; encourage States to provide facilities support to charter schools; and support efforts to strengthen the charter school authorizing process.

    Through the CSP Grants to State Entities (CSP State Entities) competition (CFDA number 84.282A, the Department awards grants to State entities that make subgrants to eligible applicants for the purpose of opening new charter schools and replicating and expanding high-quality charter schools. Grant funds may also be used to provide technical assistance to eligible applicants and authorized public chartering agencies in opening new charter schools and replicating and expanding high-quality charter schools, and to work with authorized public chartering agencies to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools.

    Background: The CSP State Entities program provides financial assistance to State entities to support charter schools that serve elementary and secondary school students in a given State. Charter schools receiving funds under the CSP State Entities program also may serve students in early childhood education programs or postsecondary students.

    The CSP State Entities program is authorized under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA) (20 U.S.C. 7221-7221j).1 This notice contains information regarding eligibility, priorities, definitions, application requirements, and selection criteria under the amended law.

    1 Prior to enactment of the ESSA, the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB), authorized the Secretary to make awards to State educational agencies to enable them to conduct charter school subgrant programs in their States. Unless otherwise indicated, all references to the ESEA in this notice are to the ESEA, as amended by the ESSA.

    All charter schools receiving CSP funds must meet each element of the definition of charter school in section 4310(2) of the ESEA, including the requirement to comply with Federal civil rights laws, including the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, section 444 of the General Education Provisions Act (GEPA), and part B of the Individuals with Disabilities Education Act (IDEA).

    Priorities: This notice includes six competitive preference priorities. In accordance with 34 CFR 75.105(b)(2)(iv), these priorities are from section 4303(g)(2) of the ESEA.

    Competitive Preference Priorities: For FY 2018 and any subsequent year in which we make awards based on the list of unfunded applications from this competition, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we award:

    • An additional two points to an application that meets competitive preference priority 1; and

    • For competitive preference priorities 2 through 6, up to an additional 23 points, depending on how well an application addresses the competitive preference priorities.

    An application may receive a total of up to 25 additional points under the competitive preference priorities.

    These priorities are:

    Competitive Preference Priority 1—At Least One Authorized Public Chartering Agency Other than a Local Educational Agency, or an Appeals Process (0 or 2 points).

    To meet this priority, an applicant must demonstrate that it is located in a State that—

    (a) Allows at least one entity that is not a local educational agency (LEA) to be an authorized public chartering agency for developers seeking to open a charter school in the State; or

    (b) In the case of a State in which LEAs are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school.

    Competitive Preference Priority 2—Equitable Financing (up to 6 points).

    To be eligible to receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner.

    Competitive Preference Priority 3—Charter School Facilities (up to 6 points).

    To be eligible to receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located provides charter schools one or more of the following:

    (a) Funding for facilities;

    (b) Assistance with facilities acquisition;

    (c) Access to public facilities;

    (d) The ability to share in bonds or mill levies;

    (e) The right of first refusal to purchase public school buildings; or

    (f) Low- or no-cost leasing privileges.

    Competitive Preference Priority 4—Best Practices to Improve Struggling Schools and LEAs (up to 3 points).

    To be eligible to receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located uses best practices from charter schools to help improve struggling schools and LEAs.

    Competitive Preference Priority 5—Serving At-Risk Students (up to 3 points).

    To be eligible to receive points under this priority, an applicant must demonstrate the extent to which it supports charter schools that serve at-risk students through activities such as dropout prevention, dropout recovery, or comprehensive career counseling services.

    Competitive Preference Priority 6—Best Practices for Charter School Authorizing (up to 5 points).

    To be eligible to receive points under this priority, an applicant must demonstrate the extent to which it has taken steps to ensure that all authorized public chartering agencies implement best practices for charter school authorizing.

    Note:

    We are interpreting “best practices for charter school authorizing” as including, but not limited to, the practices for monitoring of charter schools described in Assurance E below.

    Application Requirements:

    These application requirements are from section 4303(f) of the ESEA (20 U.S.C. 7221b(f)). The Department will reject an application that does not meet each application requirement.

    Under selection criterion (b) Objectives, the Secretary considers the ambitiousness of the State entity's objectives for its quality charter school program. An applicant may choose to respond to some or all of the elements of application requirement (I) Description of Program in the context of its response to selection criterion (b) Objectives, and should note the locations of the responses accordingly.

    Applications for funding under the CSP State Entities program must contain the following:

    (I) Description of Program—A description of the State entity's objectives in running a quality charter school program and how the objectives of the program will be carried out, including—

    (A) A description of how the State entity will—

    (1) Support the opening of charter schools through the startup of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools (including the proposed number of new charter schools to be opened, high-quality charter schools to be opened as a result of the replication of a high-quality charter school, or high-quality charter schools to be expanded under the State entity's program);

    (2) Inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program;

    (3) Work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools—

    (a) Participate in the Federal programs in which the schools and students are eligible to participate;

    (b) Receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; and

    (c) Meet the needs of students served under such programs, including students with disabilities2 and English learners;

    2 For purposes of this notice, “students with disabilities” or “student with a disability” has the same meaning as children with disabilities or child with a disability.

    (4) Ensure that authorized public chartering agencies, in collaboration with surrounding LEAs where applicable, establish clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter to attend other high-quality schools;

    (5) In the case of a State entity that is not a State educational agency (SEA)—

    (a) Work with the SEA and charter schools in the State to maximize charter school participation in Federal and State programs for which charter schools are eligible; and

    (b) Work with the SEA to operate the State entity's program under section 4303 of the ESEA, if applicable;

    (6) Ensure that each eligible applicant that receives a subgrant under the State entity's program—

    (a) Is using funds provided under this program for one of the activities described in section 4303(b)(1) of the ESEA; and

    (b) Is prepared to continue to operate charter schools funded under section 4303 of the ESEA in a manner consistent with the eligible applicant's application for such subgrant once the subgrant funds under this program are no longer available;

    (7) Support—

    (a) Charter schools in LEAs with a significant number of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i) of the ESEA; and

    (b) The use of charter schools to improve struggling schools, or to turn around struggling schools;

    (8) Work with charter schools on—

    (a) Recruitment and enrollment practices to promote inclusion of all students, including by eliminating any barriers to enrollment for educationally disadvantaged students (who include foster youth and unaccompanied homeless youth); and

    (b) Supporting all students once they are enrolled to promote retention, including by reducing the overuse of discipline practices that remove students from the classroom;

    (9) Share best and promising practices between charter schools and other public schools;

    (10) Ensure that charter schools receiving funds under the State entity's program meet the educational needs of their students, including children with disabilities and English learners;

    (11) Support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in section 4303(f)(2)(E) of the ESEA;

    (12)(a) In the case of a State entity that is not a charter school support organization, a description of how the State entity will provide oversight of authorizing activity, including how the State will help ensure better authorizing, such as by establishing authorizing standards that may include approving, monitoring, and re-approving or revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all applicable statutes and regulations; and

    (b) In the case of a State entity that is a charter school support organization, a description of how the State entity will work with the State to support the State's system of technical assistance and oversight, as described in subsection (a), of the authorizing activity of authorized public chartering agencies; and

    (13) Work with eligible applicants receiving a subgrant under the State entity's program to support the opening of new charter schools or charter school models described in application requirement (I)(A)(1) that are high schools;

    (B) A description of the extent to which the State entity—

    (1) Is able to meet and carry out competitive preference priorities 1 through 6; 3

    3 In accordance with 34 CFR 105(c)(2)(i), applications are not required to address competitive preference priorities but may receive additional points if they do so. However, to meet this application requirement, the State entity must describe the extent to which it is able to meet and carry out competitive preference priorities 1 through 6. If the State entity is unable to meet and carry out one or more of these competitive preference priorities, the description for that priority should state that the State entity is unable to meet or carry out the priority.

    (2) Is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools; and

    (3) Is working to develop or strengthen a cohesive strategy to encourage collaboration between charter schools and LEAs on the sharing of best practices;

    (C) A description of how the State entity will award subgrants, on a competitive basis, including—

    (1) A description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include—

    (i) A description of the roles and responsibilities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and responsibilities of such partners;

    (ii) A description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, how a school's performance in the State's accountability system and impact on student achievement (which may include student academic growth) will be one of the most important factors for renewal or revocation of the school's charter, and how the State entity and the authorized public chartering agency involved will reserve the right to revoke or not renew a school's charter based on financial, structural, or operational factors involving the management of the school;

    (iii) A description of how the autonomy and flexibility granted to a charter school is consistent with the definition of charter school in section 4310 of the ESEA;

    (iv) A description of how the eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school that will receive funds under the State entity's program;

    (v) A description of the eligible applicant's planned activities and expenditures of subgrant funds to support opening and preparing for the operation of new charter schools, opening and preparing for the operation of replicated high-quality charter schools, or expanding high-quality charter schools, and how the eligible applicant will maintain financial sustainability after the end of the subgrant period; and

    (vi) A description of how the eligible applicant will support the use of effective parent, family, and community engagement strategies to operate each charter school that will receive funds under the State entity's program; and

    (2) A description of how the State entity will review applications from eligible applicants;

    (D) In the case of a State entity that partners with an outside organization to carry out the State entity's quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner;

    (E) A description of how the State entity will ensure that each charter school receiving funds under the State entity's program has considered and planned for the transportation needs of the school's students;

    (F) A description of how the State in which the State entity is located addresses charter schools in the State's open meetings and open records laws; and

    (G) A description of how the State entity will support diverse charter school models, including models that serve rural communities.

    (II) Assurances—Assurances that—

    (A) Each charter school receiving funds through the State entity's program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions;

    (B) The State entity will support charter schools in meeting the educational needs of their students, including children with disabilities and English learners;

    (C) The State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the State entity's program adequately monitors each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and English learners;

    (D) The State entity will provide adequate technical assistance to eligible applicants to meet the objectives described in application requirement (I)(A)(8) in this notice;

    (E) The State entity will promote quality authorizing, consistent with State law, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency's ability to monitor the charter schools authorized by the agency, including by—

    (1) Assessing annual performance data of the schools, including, as appropriate, graduation rates, student academic growth, and rates of student attrition;

    (2) Reviewing the schools' independent, annual audits of financial statements prepared in accordance with generally accepted accounting principles and ensuring that any such audits are publically reported; and

    (3) Holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as renewal, non-renewal, or revocation of the school's charter;

    (F) The State entity will work to ensure that charter schools are included with the traditional public schools in decisionmaking about the public school system in the State; and

    (G) The State entity will ensure that each charter school receiving funds under the State entity's program makes publicly available, consistent with the dissemination requirements of the annual State report card under section 1111(h) of the ESEA, including on the website of the school, information to help parents make informed decisions about the education options available to their children, including—

    (1) Information on the educational program;

    (2) Student support services;

    (3) Parent contract requirements (as applicable), including any financial obligations or fees;

    (4) Enrollment criteria (as applicable); and

    (5) Annual performance and enrollment data for each of the subgroups of students, as defined in section 1111(c)(2) of the ESEA, except that such disaggregation of performance and enrollment data shall not be required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.

    (III) Waivers—Requests for information about waivers, including—

    (A) A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the State entity's program under section 4303 of the ESEA or, in the case of a State entity that is a charter school support organization, a description of how the State entity will work with the State to request such necessary waivers, where applicable; and

    (B) A description of any State or local rules, generally applicable to public schools, that will be waived or otherwise not apply to such schools.

    Definitions: The following definitions are from sections 4303(a), 4310, and 8101 of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801); and 34 CFR 77.1.

    Ambitious means promoting continued, meaningful improvement for program participants or for other individuals or entities affected by the grant, or representing a significant advancement in the field of education research, practices, or methodologies. When used to describe a performance target, whether a performance target is ambitious depends upon the context of the relevant performance measure and the baseline for that measure. (34 CFR 77.1)

    Authorized public chartering agency means a State educational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school. (ESEA section 4310(1))

    Baseline means the starting point from which performance is measured and targets are set. (34 CFR 77.1)

    Charter school means a public school that—

    (a) In accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this definition;

    (b) Is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction;

    (c) Operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by the authorized public chartering agency;

    (d) Provides a program of elementary or secondary education, or both;

    (e) Is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution;

    (f) Does not charge tuition;

    (g) Complies with the Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of GEPA (20 U.S.C. 1232g) (commonly referred to as the “Family Educational Rights and Privacy Act of 1974”) and part B of the IDEA;

    (h) Is a school to which parents choose to send their children, and that—

    (1) Admits students on the basis of a lottery, consistent with section 4303(c)(3)(A) of the ESEA, if more students apply for admission than can be accommodated; or

    (2) In the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in paragraph (1);

    (i) Agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State;

    (j) Meets all applicable Federal, State, and local health and safety requirements;

    (k) Operates in accordance with State law;

    (l) Has a written performance contract with the authorized public chartering agency in the State that includes a description of how student performance will be measured in charter schools pursuant to State assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school; and

    (m) May serve students in early childhood educational programs or postsecondary students. (ESEA section 4310(2))

    Charter management organization means a nonprofit organization that operates or manages a network of charter schools linked by centralized support, operations, and oversight. (ESEA section 4310(3))

    Charter school support organization means a nonprofit, non-governmental entity that is not an authorized public chartering agency and provides, on a statewide basis—

    (a) Assistance to developers during the planning, program design, and initial implementation of a charter school; and

    (b) Technical assistance to operating charter schools. (ESEA section 4310(4))

    Child with a disability means—

    (a) A child (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services.

    (b) For a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child (i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development; cognitive development; communication development; social or emotional development; or adaptive development; and (ii) who, by reason thereof, needs special education and related services. (ESEA section 8101(4))

    Demonstrates a rationale means a key project component included in the project's logic model is informed by research or evaluation findings that suggest the project component is likely to improve relevant outcomes. (34 CFR 77.1)

    Developer means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out. (ESEA section 4310(5))

    Early childhood education program means (A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding; (B) a State licensed or regulated child care program; or (C) a program that (i) serves children from birth through age six that addresses the children's cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and (ii) is (I) a State prekindergarten program; (II) a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (III) a program operated by a local educational agency. (ESEA section 8101(16))

    Eligible applicant means a developer that has—

    (a) Applied to an authorized public chartering authority to operate a charter school; and

    (b) Provided adequate and timely notice to that authority. (ESEA section 4310(6))

    English learner, when used with respect to an individual, means an individual—

    (a) Who is aged 3 through 21;

    (b) Who is enrolled or preparing to enroll in an elementary school or secondary school;

    (c)(1) Who was not born in the United States or whose native language is a language other than English;

    (2)(i) Who is a Native American or Alaska Native, or a native resident of the outlying areas; and

    (ii) Who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

    (3) Who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

    (d) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual—

    (1) The ability to meet the challenging State academic standards;

    (2) The ability to successfully achieve in classrooms where the language of instruction is English; or

    (3) The opportunity to participate fully in society. (ESEA section 8101(20))

    Expand, when used with respect to a high-quality charter school, means to significantly increase enrollment or add one or more grades to the high-quality charter school. (ESEA section 4310(7))

    High-quality charter school means a charter school that—

    (a) Shows evidence of strong academic results, which may include strong student academic growth, as determined by a State;

    (b) Has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance;

    (c) Has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and

    (d) Has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the subgroups of students, as defined in section 1111(c)(2) of the ESEA, except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (ESEA section 4310(8))

    Logic model (also referred to as theory of action) means a framework that identifies key project components of the proposed project (i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes) and describes the theoretical and operational relationships among the key project components and relevant outcomes. (34 CFR 77.1)

    Parent includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare). (ESEA section 8101(38))

    Performance measure means any quantitative indicator, statistic, or metric used to gauge program or project performance. (34 CFR 77.1)

    Performance target means a level of performance that an applicant would seek to meet during the course of a project or as a result of a project. (34 CFR 77.1)

    Project component means an activity, strategy, intervention, process, product, practice, or policy included in a project. Evidence may pertain to an individual project component or to a combination of project components (e.g., training teachers on instructional practices for English learners and follow-on coaching for these teachers). (34 CFR 77.1)

    Replicate, when used with respect to a high-quality charter school, means to open a new charter school, or a new campus of a high-quality charter school, based on the educational model of an existing high-quality charter school, under an existing charter or an additional charter, if permitted or required by State law. (ESEA section 4310(9))

    Relevant outcome means the student outcome(s) or other outcome(s) the key project component is designed to improve, consistent with the specific goals of the program. (34 CFR 77.1)

    State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. (ESEA section 8101(48))

    State educational agency means the agency primarily responsible for the State supervision of public elementary schools and secondary schools. (ESEA section 8101(49))

    State entity means—

    (a) A State educational agency;

    (b) A State charter school board;

    (c) A Governor of a State; or

    (d) A charter school support organization. (ESEA section 4303(a))

    Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221-7221j).

    Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474.

    II. Award Information

    Type of Award: Discretionary grant.

    Estimated Available Funds: The Administration has requested $500,000,000 for the CSP for FY 2018, of which we would use an estimated $150,000,000 for new awards under this competition. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2019 from the list of unfunded applications from this competition.

    Estimated Range of Awards: $2,000,000 to $25,000,000 per year.

    Estimated Average Size of Awards: $10,000,000 per year.

    Maximum Award: See Reasonable and Necessary Costs in section III.4.(a) of this notice for information regarding the maximum amount of funds that State entities may award for each charter school receiving subgrant funds.

    Estimated Number of Awards: 3-8.

    Note:

    The Department is not bound by any estimates in this notice. The estimated range and average size of awards are based on a single 12-month budget period. We may use FY 2018 funds to support multiple 12-month budget periods for one or more grantees.

    Project Period: Up to five years.

    III. Eligibility Information

    1. Eligible Applicants: State entities (SEs) in States with a specific State statute authorizing the granting of charters to schools.

    Under section 4303(e)(1) of the ESEA, no SE may receive a grant under this competition for use in a State in which an SE has a current CSP State Entities grant. The Department has made one set of new section 4303 of the ESEA CSP State Entities grants, in FY 2017. Accordingly, no SE may receive a grant under this competition for use in a State in which an SE received a new State Entities grant in FY 2017 and is currently using the grant; these States are Indiana, Maryland, Minnesota, Mississippi, New Mexico, Oklahoma, Rhode Island, Texas, and Wisconsin. SEs in States in which an SEA has a current CSP grant for SEAs that was awarded prior to FY 2017, under the ESEA, as amended by NCLB, are eligible to apply for a CSP State Entities grant under this competition, so long as no other SE in the State has a current CSP State Entities grant.

    In addition, consistent with section 4303(e)(1) of the ESEA, if multiple SEs in a State submit applications that receive high enough scores to be recommended for funding under this competition, only the highest-scoring application among such State entities would be funded.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    3. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, an SE may award subgrants to eligible applicants and technical assistance providers.

    (b) Under section 4303(d)(2) of the ESEA, an SE awarding subgrants to eligible applicants must use a peer-review process to review applications.

    Note:

    An eligible applicant (i.e., charter school developer) in a State in which no SE has an approved grant application under section 4303 of the ESEA may apply for funding directly from the Department under the CSP Grants to Developers competition. Additional information about the CSP Grants to Developers program and any upcoming competitions is available at https://innovation.ed.gov/what-we-do/charter-schools/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/.

    4. Other: (a) Reasonable and Necessary Costs: The Secretary may elect to impose maximum limits on the amount of subgrant funds that a SE may award to an eligible applicant per new charter school created or replicated, per charter school expanded, or per new school seat created.

    For this competition, the maximum amount of subgrant funds an SE may award to a subgrantee per new charter school, replicated high-quality charter school, or expanding high-quality charter school over a five-year subgrant period is $1,250,000.

    Note:

    Applicants must ensure that all costs included in the proposed budget are necessary and reasonable to meet the goals and objectives of the proposed project. Any costs determined by the Secretary to be unreasonable or unnecessary will be removed from the final approved budget.

    (b) Audits: (i) A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a))

    (ii) A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). (2 CFR 200.501(d)).

    IV. Application and Submission Information

    1. Application Submission Instructions: For information on how to submit an application please refer to our Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on February 12, 2018 (83 FR 6003) and available at www.thefederalregister.org/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.

    2. Submission of Proprietary Information: Given the types of projects that may be proposed in applications for the State Entities grant competition, your application may include business information that you consider proprietary. In 34 CFR 5.11 we define “business information” and describe the process we use in determining whether any of that information is proprietary and, thus, protected from disclosure under Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as amended).

    Because we plan to make successful applications available to the public, you may wish to request confidentiality of business information.

    Consistent with Executive Order 12600, please designate in your application any information that you feel is exempt from disclosure under Exemption 4. In the appropriate Appendix section of your application, under “Other Attachments Form,” please list the page number or numbers on which we can find this information. For additional information please see 34 CFR 5.11(c).

    3. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.

    4. Funding Restrictions: In accordance with section 4303(c) of the ESEA, an SE receiving a grant under this program shall: (a) Use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the SE's application pursuant to section 4303(f), for activities related to opening and preparing for the operation of new charter schools and replicated high-quality charter schools, or expanding high-quality charter schools; (b) reserve not less than seven percent of the grant funds to provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out such activities, and work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools; and (c) reserve not more than three percent of the grant funds for administrative costs, which may include technical assistance. An SE may use a grant received under this program to provide technical assistance and to work with authorized public chartering agencies to improve authorizing quality under section 4303(b)(2) of the ESEA directly or through grants, contracts, or cooperative agreements.

    Limitation on Grants and Subgrants: Under section 4303(d) of the ESEA, a grant awarded by the Secretary to an SE under this competition shall be for a period of not more than five years.

    A subgrant awarded by an SE under this program shall be for a period of not more than five years, of which an eligible applicant may use not more than 18 months for planning and program design. An eligible applicant may not receive more than one subgrant under this program for each individual charter school for a five-year period, unless the eligible applicant demonstrates to the SE that such individual charter school has at least three years of improved educational results for students enrolled in such charter school, with respect to the elements described in section 4310(8)(A) and (D) of the ESEA.4

    4 Section 4303(e)(2) of the ESEA prescribes the circumstances under which an eligible applicant may be eligible to apply to an SE for a second subgrant for an individual charter school for a five-year period. The eligible applicant still would have to meet all program requirements, including the requirements for replicating or expanding a high-quality charter school.

    Other CSP Grants: A charter school that previously received CSP funds for planning or initial implementation under section 5202(c)(2) of the ESEA, as amended by NCLB (CFDA number 84.282B), or for the replication or expansion of a high-quality charter school under one of the Department's Appropriations Acts 5 (CFDA number 84.282M), is not eligible to receive funds from an SE under this program for the same or substantially similar activities. However, a high-quality charter school (i.e., eligible applicant) that previously received CSP funds may be eligible to apply to an SE for additional CSP subgrant funds to support the replication (including opening a new campus) or expansion of a high-quality charter school.

    5 Beginning with the Consolidated Appropriations Act, 2010, Public Law 111-117, each of the Department's Appropriations Acts through the FY 2016 Appropriations Act authorized the Secretary to award grants for the replication and expansion of charter schools.

    Likewise, a charter school that receives funds from an SE under this program is ineligible to receive funds for the same or substantially similar activities under section 4305(a)(2) or (b) of the ESEA.

    Uses of Subgrant Funds: State entities awarded grants under this competition shall award subgrants to eligible applicants to enable such eligible applicants to—

    (a) Open and prepare for the operation of new charter schools;

    (b) Open and prepare for the operation of replicated high-quality charter schools; or

    (c) Expand high-quality charter schools.

    An eligible applicant receiving a subgrant under this program shall use such funds to support activities related to opening and preparing for the operation of new charter schools or replicating or expanding high-quality charter schools, which shall include one or more of the following:

    (a) Preparing teachers, school leaders, and specialized instructional support personnel, including through paying costs associated with—

    (i) Providing professional development; and

    (ii) Hiring and compensating, during the eligible applicant's planning period specified in the application for subgrant funds, one or more of the following:

    (A) Teachers.

    (B) School leaders.

    (C) Specialized instructional support personnel.

    (b) Acquiring supplies, training, equipment (including technology), and educational materials (including developing and acquiring instructional materials).

    (c) Carrying out necessary renovations to ensure that a new school building complies with applicable statutes and regulations, and minor facilities repairs (excluding construction).

    (d) Providing one-time, startup costs associated with providing transportation to students to and from the charter school.

    (e) Carrying out community engagement activities, which may include paying the cost of student and staff recruitment.

    (f) Providing for other appropriate, non-sustained costs related to opening, replicating, or expanding high-quality charter schools when such costs cannot be met from other sources.

    Diversity of Projects: Each State entity awarding subgrants under this competition shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants—

    (a) Are distributed throughout different areas, including urban, suburban, and rural areas; and

    (b) Will assist charter schools representing a variety of educational approaches.

    Award Basis: In determining whether to approve a grant award and the amount of such award, the Department will consider, among other things, the applicant's performance and use of funds under a previous or existing award under any Department program (34 CFR 75.217(d)(3)(ii) and 233(b)). In assessing the applicant's performance and use of funds under a previous or existing award, the Secretary will consider, among other things, the outcomes the applicant has achieved and the results of any Departmental grant monitoring, including the applicant's progress in remedying any deficiencies identified in such monitoring.

    We reference additional regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    5. Recommended Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the priorities, selection criteria, and application requirements that reviewers use to evaluate your application. We recommend that you (1) limit the application narrative to no more than 60 pages and (2) use the following standards:

    • A “page” is 8.5″ × 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative.

    6. Pre-Application Webinar Information: The Department will hold a pre-application meeting via webinar for prospective applicants on Wednesday, March 14, 2018, 2:00 p.m., Eastern Time. Individuals interested in attending this meeting are encouraged to pre-register by emailing their name, organization, and contact information with the subject heading “STATE ENTITIES GRANTS PRE-APPLICATION MEETING” to [email protected]. There is no registration fee for attending this meeting.

    For further information about the pre-application meeting, contact Amy Huber, U.S. Department of Education, 400 Maryland Avenue SW, Room 4W222, Washington, DC 20202-5970. Telephone: (202) 453-6634 or by email: [email protected].

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)) and 34 CFR 75.210. The maximum possible total score an application can receive for addressing the criteria is 100 points. The maximum possible score for addressing each criterion is indicated in parentheses following the criterion.

    (a) Quality of the Project Design (up to 15 points). The Secretary considers the quality of the design of the proposed project. In determining the quality of the design of the proposed project, the Secretary considers:

    (1) The extent to which the proposed project demonstrates a rationale (up to 10 points); and

    (2) The extent to which the goals, objectives, and outcomes to be achieved by the proposed project are clearly specified and measurable (up to 5 points).

    (b) Objectives (up to 20 points): The ambitiousness of the State entity's objectives for the quality charter school program carried out under the CSP State Entities program.

    Note:

    In response to this criterion, an applicant may address (or cross reference) some or all of the components of application requirements (I)(A)-(G) in this notice, which require the applicant to provide a description of the State entity's objectives in running a quality charter school program and how the objectives of the program will be carried out.

    (c) Quality of Eligible Subgrant Applicants (up to 15 points): The likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students.

    (d) State Plan (up to 20 points): The State entity's plan to—

    (1) Adequately monitor the eligible applicants receiving subgrants under the State entity's program;

    (2) Work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; and

    (3) Provide technical assistance and support for—

    (i) The eligible applicants receiving subgrants under the State entity's program; and

    (ii) Quality authorizing efforts in the State.

    (e) Quality of the Management Plan (up to 15 points). The Secretary considers the quality of the management plan for the proposed project. In determining the quality of the management plan for the proposed project, the Secretary considers:

    (1) The adequacy of the management plan to achieve the objectives of the proposed project on time and within budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks (up to 10 points); and

    (2) The extent to which the time commitments of the project director and principal investigator and other key project personnel are appropriate and adequate to meet the objectives of the proposed project (up to 5 points).

    (f) Parent and Community Involvement (up to 10 points): The State entity's plan to solicit and consider input from parents and other members of the community on the implementation and operation of charter schools in the State.

    (g) Flexibility (up to 5 points): The degree of flexibility afforded by the State's charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law.

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary requires various assurances, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 200.205, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose specific conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    4. Integrity and Performance System: If you are selected under this competition to receive an award that over the course of the project period may exceed the simplified acquisition threshold (currently $150,000) under 2 CFR 200.205(a)(2), we must make a judgment about your integrity, business ethics, and record of performance under Federal awards—that is, the risk posed by you as an applicant—before we make an award. In doing so, we must consider any information about you that is in the integrity and performance system (currently referred to as the Federal Awardee Performance and Integrity Information System (FAPIIS)), accessible through the System for Award Management. You may review and comment on any information about yourself that a Federal agency previously entered and that is currently in FAPIIS.

    Please note that, if the total value of your currently active grants, cooperative agreements, and procurement contracts from the Federal Government exceeds $10,000,000, the reporting requirements in 2 CFR part 200, Appendix XII, require you to report certain integrity information to FAPIIS semiannually. Please review the requirements in 2 CFR part 200, Appendix XII, if this grant plus all the other Federal funds you receive exceed $10,000,000.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Open Licensing Requirements: Unless an exception applies, if you are awarded a grant under this competition, you will be required to openly license to the public grant deliverables created in whole, or in part, with Department grant funds. When the deliverable consists of modifications to pre-existing works, the license extends only to those modifications that can be separately identified and only to the extent that open licensing is permitted under the terms of any licenses or other legal restrictions on the use of pre-existing works. Please refer to the Applicable Regulations section to see if an exception under 2 CFR part 3474 applies for this program. For additional information on the open licensing requirements please refer to 2 CFR 3474.20(c).

    4. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) In accordance with section 4303(i) of the ESEA, each State entity receiving a grant under this section must submit to the Secretary, at the end of the third year of the five-year grant period (or at the end of the second year if the grant period is less than five years), and at the end of such grant period, a report that includes the following:

    (1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the period of the subgrant.

    (2) A description of how the State entity met the objectives of the quality charter school program described in the State entity's application, including—

    (A) How the State entity met the objective of sharing best and promising practices as outlined in section 4303(f)(1)(A)(ix) of the ESEA in areas such as instruction, professional development, curricula development, and operations between charter schools and other public schools; and

    (B) If known, the extent to which such practices were adopted and implemented by such other public schools.

    (3) The number and amount of subgrants awarded under this program to carry out activities described in section 4303(b)(1)(A) through (C) of the ESEA.

    (4) A description of—

    (A) How the State entity complied with, and ensured that eligible applicants complied with, the assurances included in the State entity's application; and

    (B) How the State entity worked with authorized public chartering agencies, and how the agencies worked with the management company or leadership of the schools that received subgrant funds under this program, if applicable.

    (d) Under 34 CFR 75.250(b), the Secretary may provide a grantee with additional funding for data collection analysis and reporting. In this case the Secretary establishes a data collection period.

    5. Performance Measures:

    (a) The primary goal of the CSP is to support the creation and development of a large number of high-quality charter schools that are free from State or local rules that inhibit flexible operation, are held accountable for enabling students to reach challenging State performance standards, and are open to all students. The Secretary has established two performance indicators to measure annual progress towards this goal: (1) The number of new charter schools and charter school campuses in operation around the Nation; (2) the number of states that demonstrate annual increases in the percentage of fourth- and eighth-grade charter school students who are achieving at or above the proficient level on State assessments in mathematics and reading/language arts; (3) the number of states that demonstrate annual decreases in the percentage of charter schools that are identified as a comprehensive support and improvement school. Additionally, the Secretary has established the following measure to examine the efficiency of the CSP: Federal cost per student in implementing a successful school (defined as a school in operation for three or more consecutive years).

    (b) Project-Specific Performance Measures. Applicants must propose project-specific performance measures and performance targets consistent with the objectives of the proposed project. Applications must provide the following information as directed under 34 CFR 75.110(b) and (c).

    (1) Performance measures. How each proposed performance measure would accurately measure the performance of the project and how the proposed performance measure would be consistent with the performance measures established for the program funding the competition.

    (2) Baseline data. (i) Why each proposed baseline is valid; or (ii) If the applicant has determined that there are no established baseline data for a particular performance measure, an explanation of why there is no established baseline and of how and when, during the project period, the applicant would establish a valid baseline for the performance measure.

    (3) Performance targets. Why each proposed performance target is ambitious yet achievable compared to the baseline for the performance measure and when, during the project period, the applicant would meet the performance target(s).

    (4) Data collection and reporting. (i) The data collection and reporting methods the applicant would use and why those methods are likely to yield reliable, valid, and meaningful performance data; and (ii) The applicant's capacity to collect and report reliable, valid, and meaningful performance data, as evidenced by high-quality data collection, analysis, and reporting in other projects or research.

    All grantees must submit an annual performance report with information that is responsive to these performance measures.

    6. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application.

    In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    7. Project Director's Meeting: Applicants approved for funding under this competition must attend a two-day meeting for project directors at a location to be determined in the continental United States during each year of the project. Applicants may include the cost of attending this meeting in their proposed budgets.

    VII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: March 6, 2018. Margo Anderson, Acting Assistant Deputy Secretary for Innovation and Improvement.
    [FR Doc. 2018-04821 Filed 3-8-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Idaho Cleanup Project AGENCY:

    Department of Energy.

    ACTION:

    Notice of open conference call.

    SUMMARY:

    This notice announces a conference call of the Environmental Management Site-Specific Advisory Board (EM SSAB), Idaho Cleanup Project. The Federal Advisory Committee Act requires that public notice of this conference call be announced in the Federal Register.

    DATES:

    Wednesday, March 28, 2018—10:00 a.m.-12:00 p.m.

    The opportunity for public comment is tentatively set for 10:00 a.m.

    Conference Call: Call in number: (877) 820-7831, Passcode: 203901.

    To Sign Up for Public Comment: Please contact Jordan Davies by email, [email protected], or phone (208) 557-7886, no later than 9:30 a.m. on Wednesday, March 28.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Topic:

    • In follow-up to the February 21, 2018, meeting, the board will consider a letter to DOE on the Advanced Mixed Waste Treatment Project's (AMWTP) future mission:

    ○ The AMWTP is a facility designed to treat, characterize, package, and ship transuranic and mixed low-level waste that has been stored in Idaho since the 1970s. The plant is scheduled to complete treatment of Idaho waste by the end of 2018, and DOE is considering extending the facility's mission to accommodate waste from other DOE sites.

    Public Participation: Written statements may be filed with the Board either before or after the conference call. The Deputy Designated Federal Officer is empowered to conduct the conference call in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing Bradley P. Bugger, Federal Coordinator, at Department of Energy, Idaho Operations Office, 1955 Fremont Avenue, MS-1203, Idaho Falls, Idaho 83415. Or call him at (208) 526-0833. Minutes will also be available at the following website: https://energy.gov/em/icpcab/listings/cab-meetings.

    Issued at Washington, DC, on March 6, 2018. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2018-04731 Filed 3-8-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP18-507-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: EPCA 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5041.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-508-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: TCRA 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5054.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-509-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: RAM 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5062.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-510-000.

    Applicants: KPC Pipeline, LLC.

    Description: § 4(d) Rate Filing: Fuel Reimbursement Adjustment to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5063.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-511-000.

    Applicants: WBI Energy Transmission, Inc.

    Description: § 4(d) Rate Filing: 2018 Annual Fuel & Electric Power Reimbursement Adjustment to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5064.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-512-000.

    Applicants: Columbia Gulf Transmission, LLC.

    Description: § 4(d) Rate Filing: TRA 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5065.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-513-000.

    Applicants: WBI Energy Transmission, Inc.

    Description: § 4(d) Rate Filing: 2018 Negotiated Rate SA FT-1422 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5066.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-515-000.

    Applicants: Crossroads Pipeline Company.

    Description: § 4(d) Rate Filing: TRA 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5071.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-516-000.

    Applicants: Millennium Pipeline Company, LLC.

    Description: § 4(d) Rate Filing: RAM 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5072.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-517-000.

    Applicants: Central Kentucky Transmission Company.

    Description: § 4(d) Rate Filing: RAM 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5078.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-518-000.

    Applicants: Ruby Pipeline, L.L.C.

    Description: § 4(d) Rate Filing: Update Filing—FLU and EPC to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5079.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-519-000.

    Applicants: TransColorado Gas Transmission Company L.

    Description: § 4(d) Rate Filing: Annual Reimbursement Percentage Update and Annual Report Filing to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5090.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-520-000.

    Applicants: Viking Gas Transmission Company.

    Description: § 4(d) Rate Filing: Semi-Annual FLRP—Spring 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5091.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-521-000.

    Applicants: Gulf Crossing Pipeline Company LLC.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmt (Newfield 18 to SW Energy 1950) to be effective 3/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5100.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-522-000.

    Applicants: Leaf River Energy Center LLC.

    Description: § 4(d) Rate Filing: Non-Conforming Service Agreement and Related Tariff Changes to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5101.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-523-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmt (Petrohawk 41455 to Texla 49140) to be effective 3/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5102.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-524-000.

    Applicants: Guardian Pipeline, L.L.C.

    Description: § 4(d) Rate Filing: EPCR Semi-Annual Adjustment—Spring 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5106.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-525-000.

    Applicants: Kern River Gas Transmission Company.

    Description: § 4(d) Rate Filing: 2018 Daggett Electric Surcharge to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5107.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-526-000.

    Applicants: Alliance Pipeline L.P.

    Description: § 4(d) Rate Filing: Settlement Rates and Tracker to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5149.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-527-000.

    Applicants: Millennium Pipeline Company, LLC.

    Description: Operational Transactions Report of Millennium Pipeline Company, LLC.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5169.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-528-000.

    Applicants: Cimarron River Pipeline, LLC.

    Description: § 4(d) Rate Filing: Fuel Tracker 2018—Summer Season Rates to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5179.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-529-000.

    Applicants: Cheniere Creole Trail Pipeline, L.P.

    Description: Transportation Retainage Adjustment Informational Filing of Cheniere Creole Trail Pipeline, L.P.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5181.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-530-000.

    Applicants: Chesapeake Energy Marketing, L.L.C., BCE-MACH LLC.

    Description: Joint Petition of Chesapeake Energy Marketing, L.L.C., et al. for Limited Waiver and Request For Expedited Action.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5183.

    Comments Due: 5 p.m. ET 3/8/18.

    Docket Numbers: RP18-531-000.

    Applicants: Tennessee Gas Pipeline Company, L.L.C.

    Description: § 4(d) Rate Filing: Fuel Tracker 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5186.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-532-000.

    Applicants: Enable Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Filng—March, 2018—Shell Newfield to be effective 3/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5199.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-533-000.

    Applicants: Tallgrass Interstate Gas Transmission, L.

    Description: § 4(d) Rate Filing: FL&U and EPCT Periodic Rate Adjustment to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5241.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-534-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Negotiated Rates—Rice Energy Release to Wells Fargo to be effective 3/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5242.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-535-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Letter Agreement Filing (SWG March 18) to be effective 4/1/2018.

    Filed Date: 3/1/18

    Accession Number: 20180301-5243.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-536-000.

    Applicants: American Midstream (Midla), LLC.

    Description: § 4(d) Rate Filing: Annual Fuel, Lost and Unaccounted-for Gas Percentage Filing to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5246.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-537-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: AGT FRQ Partial Settlement Filing—Docket Nos. RP18-75-000, 001 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5261.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-538-000.

    Applicants: Dauphin Island Gathering Partners.

    Description: § 4(d) Rate Filing: Storm Surcharge 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5266.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-539-000.

    Applicants: UGI Sunbury, LLC.

    Description: § 4(d) Rate Filing: Revise Imbalance Management Section to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5273.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-540-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: Transco 2018 Annual Fuel Tracker to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5276.

    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-541-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: Annual Electric Power Tracker Filing Effective April 1, 2018 to be effective 4/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5286.

    Comments Due: 5 p.m. ET 3/13/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: March 5, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-04739 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC18-6-000] Commission Information Collection Activities; (FERC-65, FERC-65A, FERC-65B, FERC-725V); Consolidated Comment Request; Extension AGENCY:

    Federal Energy Regulatory Commission, DOE.

    ACTION:

    Notice of information collection and request for comments.

    SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the information collections, FERC-65 (Notice of Holding Company Status), FERC-65A (Exemption Notification of holding Company Status), and FERC-65B (Waiver Notification of Holding Company Status), and FERC-725V (Mandatory Reliability Standards: COM Reliability Standards) which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements.

    DATES:

    Comments on the collection of information are due May 8, 2018.

    ADDRESSES:

    You may submit comments (identified by Docket No. IC18-6-000) by either of the following methods:

    eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp

    Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.

    Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

    Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Brown may be reached by email at [email protected], telephone at (202) 502-8663, and fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    Title: FERC-65 (Notice of Holding Company Status), FERC-65A (Exemption Notification of Holding Company Status), and FERC-65B (Waiver Notification of Holding Company Status).

    OMB Control No.: 1902-0218.

    Type of Request: Three-year extension of the FERC-65, FERC-65A and FERC-65B information collection requirements with no changes to the current reporting requirements.

    Abstract: The Pursuant to section 366.4 of the Commission's rules and regulations, persons who meet the definition of a holding company shall provide the Commission notification of holding company status.

    The FERC-65 is a one-time informational filing outlined in the Commission's regulations at 18 Code of Federal Regulations (CFR) 366.4. The FERC-65 must be submitted within 30 days of becoming a holding company.1 While the Commission does not require the information to be reported in a specific format, the filing needs to consist of the name of the holding company, the name of public utilities, the name of natural gas companies in the holding company system, and the names of service companies. In addition, the Commission requires the filing to include the names of special-purpose subsidiaries (which provide non-power goods and services) and the names of all affiliates and subsidiaries (and their corporate interrelationship) to each other. Filings may be submitted in hardcopy or electronically through the Commission's eFiling system.

    1 Persons that meet the definition of a holding company as provided by § 366.1 as of February 8, 2006 shall notify the Commission of their status as a holding company no later than June 15, 2006. Holding companies formed after February 8, 2006 shall notify the Commission of their status as a holding company, no later than the latter of June 15, 2006 or 30 days after they become holding companies.

    FERC-65A (Exemption Notification of Holding Company Status)

    While noting the previously outlined requirements of the FERC-65, the Commission has allowed for an exemption from the requirement of providing the Commission with a FERC-65 if the books, accounts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas company; or if any class of transactions is not relevant to the jurisdictional rates of a public utility or natural gas company. Persons seeking this exemption file the FERC-65A, which must include a form of notice suitable for publication in the Federal Register. Those who file a FERC-65A in good faith will have a temporary exemption upon filing, after 60 days if the Commission has taken no action, the exemption will be deemed granted. Commission regulations within 18 CFR 366.3 describe the criteria in more specificity.

    1. FERC-65B (Waiver Notification of Holding Company Status)

    If an entity meets the requirements in 18 CFR 366.3(c), they may file a FERC-65B waiver notification pursuant to the procedures outlined in 18 CFR 366.4. Specifically, the Commission waives the requirement of providing it with a FERC-65 for any holding company with respect to one or more of the following: (1) Single-state holding company systems; (2) holding companies that own generating facilities that total 100 MW or less in size and are used fundamentally for their own load or for sales to affiliated end-users; or (3) investors in independent transmission-only companies. Filings may be made in hardcopy or electronically through the Commission's website.

    Type of Respondent: Public utility companies, natural gas companies, electric wholesale generators, foreign utility holding companies.

    Estimate of Annual Burden:2 The Commission estimates the annual public reporting burden for the information collection as:

    2 Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. Refer to 5 CFR 1320.3 for additional information.

    3 The estimates for cost per response are derived using the following formula: 2017 Average Burden Hours per Response * $76.50 per Hour = Average Cost per Response. The hourly cost figure of $76.50 is the average FERC employee wage plus benefits. We assume for FERC-65, FERC-65A and FERC-65B that respondents earn at a similar rate.

    FERC-65 (Notification of Holding Company Status), FERC-65A (Exemption Notification of Holding Company Status), and FERC-65B (Waiver Notification of Holding Company Status) Number of
  • respondents
  • Annual
  • number of
  • responses per
  • respondent
  • Total
  • number of
  • responses
  • Average
  • burden and
  • cost per
  • response 3
  • Total annual
  • burden hours
  • and total
  • annual cost
  • Cost per
  • respondent
  • ($)
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) FERC-65 12 1 12 3, $229.50 36, $2,754 $229.50 FERC-65A 4 1.25 5 1, $76.50 5, $382.50 95.63 FERC-65B 4 1.75 7 1, $76.50 7, $535.50 133.88 Total 24 48, $3,672

    Title: FERC-725V, Mandatory Reliability Standards: COM Reliability Standards.

    OMB Control No.: 1902-0277.

    Type of Request: Three-year extension of the FERC-725V information collection requirements with no changes to the current reporting requirements.

    Abstract: On August 15, 2016, the North American Electric Reliability Corporation (NERC) filed a petition for Commission approval, pursuant to section 215(d)(1) of the Federal Power Act (“FPA”) 4 and Section 39.5 5 of the Federal Energy Regulatory Commission's regulations, for Reliability Standard COM-001-3 (Communications), the associated Implementation Plan, retirement of currently-effective Reliability Standard COM-001-2.1, and Violation Risk Factors (“VRFs”) and Violation Severity Levels (“VSLs”) associated with new Requirements R12 and R13 in Reliability Standard COM-001-3. Reliability Standard COM-001-3 reflects revisions developed under Project 2015-07 Internal Communications Capabilities, in compliance with the Commission's directive in Order No. 888 that NERC “develop modifications to COM-001-2, or develop a new standard, to address the Commission's concerns regarding ensuring the adequacy of internal communications capability whenever internal communications could directly affect the reliability opera.

    4 16 U.S.C. 824o (2012).

    5 18 CFR 39.5 (2015).

    Reliability Standards COM-001-2 and COM-002-4 do not require responsible entities to file information with the Commission. COM-001-2 requires that transmission operators, balancing authorities, reliability coordinators, distribution providers, and generator operators must maintain documentation of Interpersonal Communication capability and designation of Alternate Interpersonal Communication, as well as evidence of testing of the Alternate Interpersonal Communication facilities. COM-002-4 requires balancing authorities, distribution providers, reliability coordinators, transmission operators, and generator operators to develop and maintain documented communication protocols, and to be able to provide evidence of training on the protocols and of their annual assessment of the protocols. Additionally, all applicable entities (balancing authorities, reliability coordinators, transmission operators, generator operators, and distribution providers) must be able to provide evidence of three-part communication when issuing or receiving an Operating Instruction during an Emergency.

    Type of Respondents: Public utilities.

    Estimate of Annual Burden:6 The Commission estimates the annual public reporting burden for the information collection as:

    6 The Commission defines burden as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For further explanation of what is included in the information collection burden, reference 5 Code of Federal Regulations 1320.3.

    7 The loaded hourly wage figure (includes benefits) is based on the occupational categories for 2016 found on the Bureau of Labor Statistics website (http://www.bls.gov/oes/current/naics2_22.htm):

    Electrical Engineer (Occupation Code: 17-2071): $68.12 (review and documentation).

    Office and Administrative Support (Occupation Code: 43-0000): $40.89 ($68.12 + 40.89 = 109.01 ÷ 3 = $36.34. This figure is rounded to $36.00 for use in collection FERC-725V for calculating wage figures in this renewal calculation.

    FERC-725V, Mandatory Reliability Standards: COM Reliability Standards Number of
  • respondents
  • Annual
  • number of
  • responses per
  • respondent
  • Total
  • number of
  • responses
  • Average
  • burden and
  • cost per
  • response 7
  • Total annual
  • burden hours
  • and total
  • annual cost
  • Cost per
  • respondent
  • ($)
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) (One-time) 8 Development of Communication Protocols [COM-002-4 R1] 201 (BA, RC & TOP) 1 201 8 hrs. & $288 1,608 hrs. & $57,888 $288 (On-going) 9 Maintain evidence of Interpersonal Communication capability [COM-001-2 R7 and R8] 1,180 (DP & GOP) 1 1,180 4 hrs. & $144 4,720 hrs. & $169,920 144 (On-going) Maintain evidence of training and assessments [COM-002-4 R2, R4, R5 and R6] 201 (BA, RC & TOP) 1 201 8 hrs. & $288 1,608 hrs. & $57,888 288 (On-going) Maintain evidence of training [COM-002-4 R3 and R6] 1,880 (DP & GOP) 1 1,180 8 hrs. & $288 15,040 hrs. & $541,440 288 Total 2,762 22,976 hrs. & $827,136

    Comments: Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    Dated: March 5, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04779 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-84-000] Dominion Energy Transmission, Inc.; Tennessee Gas Pipeline Company, L.L.C.; National Fuel Gas Supply Corporation; Notice of Application

    Take notice that on February 13, 2018, Dominion Energy Transmission, Inc. (Dominion Energy), 120 Tredegar Street, Richmond, VA 23219, Tennessee Gas Pipeline Company, L.L.C. (Tennessee), 1001 Louisiana Street, Suite 1000, Houston, TX 77002 and National Fuel Gas Supply Corporation (National Fuel), 6363 Main Street, Williamsville, NY 14221, jointly filed an application in Docket No. CP18-84-000 pursuant to section 7(c) of the Natural Gas Act (NGA), and Part 157 of the Commission's regulations, for a certificate of public convenience and/or necessity requesting authorization to establish a protective boundary around the active limit of the Ellisburg Storage Pool located in Potter, Pennsylvania. The proposed expansion would establish a 2,000-foot buffer area around the reservoir containing 6,394.57 acres, all as more fully set forth in the application which is on file with the Commission and open for public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Any questions regarding this application may be directed to Matthew R. Bley, Director, Gas Transmission Certificates, Dominion Energy Transmission, Inc., 707 East Main Street, Richmond, Virginia 23219, or by calling 866-319-3382, or email at [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenter's will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenter's will not be required to serve copies of filed documents on all other parties. However, the non-party commentary, will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and ill not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. See, 18 CFR 385.2001(a) (1) (iii) and the instructions on the Commission's website under the e-Filing link.

    Comment Date: 5:00 p.m. Eastern Time on March 15, 2018.

    Dated: February 22, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04708 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1532-003; ER10-1541-004; ER10-1642-005; ER10-1763-003; ER10-1766-003; ER10-1767-003; ER13-2349-002; ER13-2350-002; ER16-221-001; ER17-1757-001.

    Applicants: Entergy Arkansas, Inc., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, LLC, Entergy Texas, Inc., Entergy Nuclear Palisades, LLC, Entergy Power, LLC, EWO Marketing, LLC, EAM Nelson Holding, LLC, RS Cogen, LLC, Entergy Services, Inc.

    Description: Supplement to December 28, 2017 Triennial Market Power Update for the Central Region of the Entergy MBR Utilities.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5319.

    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER17-481-000.

    Applicants: CPV Maryland, LLC.

    Description: Report Filing: Refund Report to be effective N/A.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5323.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-958-000.

    Applicants: Duke Energy Florida, LLC.

    Description: § 205(d) Rate Filing: DEF-DEF E&P Agreement—Hamilton Solar to be effective 3/6/2018.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5284.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-959-000.

    Applicants: Bayonne Plant Holding, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of Rate Schedule and Request for Waiver to be effective 6/1/2018.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5286.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-961-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4955—NITSA among PJM and AEP EP to be effective 6/1/2014.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5288.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-962-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4956—NITSA among PJM and AEPSC to be effective 1/1/2017.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5290.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-963-000.

    Applicants: Southern Maryland Electric Cooperative, Inc., PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: SMECO submits revisions to OATT, Att. H-9C re: Transmission Revenue Requirement to be effective 5/1/2018.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5293.

    Comments Due: 5 p.m. ET 3/26/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: March 5, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-04738 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-42-000] Transcontinental Gas Pipe Line Company, LLC; Notice of Filing

    Take notice that on January 2, 2018, pursuant to Rule 212 of the Commission's Rules of Practice and Procedure (18 CFR 385.212), the North Carolina Utilities Commission (NCUC) filed a motion for order to show cause regarding: (1) Whether Transcontinental Gas Pipe Line Company, LLC (Transco) has been operating, and is continuing to operate, its Eminence Salt Dome Storage Field, located near the Town of Seminary in Covington County, Mississippi, in accordance with the amended certificate issued in Docket No. CP11-151; 1 and, (2) whether Transco should be allowed to assess demand charges for the amount of firm service from the Eminence Salt Dome Storage Field under Rate Schedule ESS and Rate Schedule EESWS that Transco allegedly has been and is currently unable to provide given the revised operating parameters of the Eminence Salt Dome Storage Field.

    1Transcontinental Gas Pipe Line Co., LLC, 142 FERC 61,095 (2013), order on reh'g, 147 FERC 61,091 (2014).

    The filing may also be viewed on the web at http://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or TTY, contact (202) 502-8659.

    Any person wishing to obtain legal status by becoming a party to this proceeding should, on or before the comment date listed below, file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214).

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and five copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern Time on March 15, 2018.

    Dated: February 22, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04707 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF17-8-000] Commonwealth LNG LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Planned Commonwealth LNG Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Session

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental impact statement (EIS) that will discuss the environmental impacts of the Commonwealth LNG Project involving construction and operation of facilities by Commonwealth LNG LLC (Commonwealth LNG) in Cameron Parish, Louisiana. The Commission will use this EIS in its decision-making process to determine whether the project is in the public interest.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EIS. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before March 26, 2018.

    If you sent comments on this project to the Commission before the opening of this docket on July 28, 2017, you will need to file those comments in Docket No. PF17-8-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this planned project and encourage them to comment on their areas of concern.

    A fact sheet prepared by the FERC entitled An Interstate Natural Gas Facility On My Land? What Do I Need To Know? is available for viewing on the FERC website (www.ferc.gov). This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings.

    Public Participation

    For your convenience, there are four methods you can use to submit your comments to the Commission. The Commission will provide equal consideration to all comments received, whether filed in written form or provided verbally. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature 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 file your comments electronically by 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. If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket number (PF17-8-000) with your submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426.

    (4) In lieu of sending written or electronic comments, the Commission invites you to attend the public scoping session its staff will conduct in the project area, scheduled as follows:

    Date and time Location Tuesday, March 13, 2018, 4:00 to 8:00 p.m Johnson Bayou Community Center, 5556 Gulf Beach Highway, Johnson Bayou, LA 70631.

    The primary goal of these scoping sessions is to have you identify the specific environmental issues and concerns that should be considered in the EIS to be prepared for this project. Individual verbal comments will be taken on a one-on-one basis with a court reporter. This format is designed to receive the maximum amount of verbal comments, in a convenient way during the timeframe allotted.

    The scoping session is scheduled from 4:00 p.m. to 8:00 p.m. CDT. You may arrive at any time after 3:30 p.m. There will not be a formal presentation by Commission staff when the session opens, and we note that no refreshments will be served. If you wish to speak, the Commission staff will hand out numbers in the order of your arrival. Comments will be taken until 8:00 p.m. However, if no additional numbers have been handed out and all individuals who wish to provide comments have had an opportunity to do so, staff may conclude the session at 7:30 p.m.

    Your scoping comments will be recorded by the court reporter (with FERC staff or representative present) and become part of the public record for this proceeding. Transcripts will be publicly available on FERC's eLibrary system (see below for instructions on using eLibrary). If a significant number of people are interested in providing verbal comments in the one-on-one settings, a time limit of 5 minutes may be implemented for each commentor.

    It is important to note that verbal comments hold the same weight as written or electronically submitted comments. Although there will not be a formal presentation, Commission staff will be available throughout the comment session to answer your questions about the environmental review process. Representatives from Commonwealth LNG will also be present to answer project-specific questions.

    Please note this is not your only public input opportunity; please refer to the review process flow chart in appendix 2.1

    1 The appendices referenced in this notice will not appear in the Federal Register. Copies of the appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called eLibrary or from the Commission's Public Reference Room, 888 First Street NE, Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Summary of the Planned Project

    Commonwealth LNG plans to construct and operate a liquefied natural gas (LNG) terminal on the west side of the Calcasieu Ship Channel near Johnson Bayou in Cameron Parish, Louisiana. Commonwealth LNG intends to use the terminal to liquefy, store, and deliver LNG for export to global markets. The terminal would have a peak capacity of nine million metric tonnes of LNG per annum (MTPA). Commonwealth LNG would also dredge a ship berth and turning basin at the terminal.

    The Commonwealth LNG Project would consist of the following facilities:

    • A 3.7-mile-long natural gas receiving pipeline (either single 30-inch or dual 24-inch pipes) extending from existing pipelines operated by Kinetica Partners LLC and Bridgeline Holdings LP to the terminal;

    • four 2.0 MTPA gas pre-treatment trains;

    • eight liquefaction trains, with a nominal LNG production capacity of approximately 1 MTPA each;

    • six LNG storage tanks, each with a capacity of 40,000 cubic meters (m3);

    • electric plant powered by a 80-megawatt gas turbine;

    • boil-off gas handling system, utilities, and communications system; and

    • one marine berth sized to accommodate LNG carriers up to about 215,000 m3 in capacity.

    The general location of the planned LNG facility, as well as several potential pipeline routes, are shown in appendix 1.

    Land Requirements for Construction

    Construction of the planned facilities would disturb about 132.6 acres of land for the upland terminal and pipeline. This acreage may vary somewhat depending on which pipeline route is selected. About 64.6 acres would be affected in the Calcasieu Ship Channel for the creation of the turning basin. Following construction, Commonwealth LNG would maintain about 122.4 acres for permanent operation of the upland terminal and pipeline right-of-way. Temporary construction areas would be restored and revert to former uses.

    The EIS Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 2 to discover and address concerns the public may have about proposals. This process is referred to as scoping. The main goal of the scoping process is to focus the analysis in the EIS on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EIS, including pipeline routing. We will consider all filed comments during the preparation of the EIS.

    2 We, us, and our refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EIS we will discuss impacts that could occur as a result of the construction and operation of the planned project under these general headings:

    • Geology and soils;

    • land use;

    • water resources, fisheries, and wetlands;

    • cultural resources;

    • vegetation and wildlife;

    • air quality and noise;

    • endangered and threatened species;

    • public safety; and

    • cumulative impacts.

    We will also evaluate possible alternatives to the planned project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    Although no formal application has been filed, we have already initiated our NEPA review under the Commission's pre-filing process. The purpose of the pre-filing process is to encourage early involvement of interested stakeholders and to identify and resolve issues before the FERC receives an application. As part of our pre-filing review, we have begun to contact some federal and state agencies to discuss their involvement in the scoping process and the preparation of the EIS.

    The EIS will present our independent analysis of the issues. We will publish and distribute the draft EIS for public comment. After the comment period, we will consider all timely comments and revise the document, as necessary, before issuing a final EIS. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section, beginning on page 2.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues related to this project to formally cooperate with us in the preparation of the EIS.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice. Currently, the U.S. Army Corps of Engineers has expressed its intention to participate as a cooperating agency in the preparation of the EIS to satisfy its NEPA responsibilities related to this project.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Office(s), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.4 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPO(s) as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EIS for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106.

    4 The Advisory Council on Historic Preservation regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Currently Identified Environmental Issues

    We have already identified several issues that we think deserve attention based on a preliminary review of the planned facilities and the environmental information provided by Commonwealth LNG. This preliminary list of issues may change based on your comments and our analysis:

    • Selection of pipeline route;

    • evaluation of temporary and permanent impacts on wetlands and the development of appropriate mitigation;

    • potential impacts on fish and wildlife habitat, including potential impacts on federally listed threatened and endangered species;

    • potential visual effects of the aboveground facilities;

    • potential impacts of the construction workforce on local housing, infrastructure, public services, transportation, and economy;

    • impacts on air quality and noise associated with construction and operation of the project; and

    • public safety and hazards associated with LNG facilities.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the planned project.

    Copies of the completed draft EIS will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 3).

    Becoming an Intervenor

    Once Commonwealth LNG files its application with the Commission, you may want to become an intervenor which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp. Instructions for becoming an intervenor are in the Document-less Intervention Guide under the e-filing link on the Commission's website. Please note that the Commission will not accept requests for intervenor status at this time. You must wait until the Commission receives a formal application for the project.

    Additional Information

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website (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., PF17-8). 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.

    Finally, public sessions or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: February 22, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04709 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission's staff may attend the following meeting related to the transmission planning activities of the New York Independent System Operator, Inc. (NYISO):

    NYISO Electric System Planning Working Group and Transmission Planning Advisory Subcommittee Meeting March 8, 2018, 1:00 p.m.-3:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2018-03-08

    The discussions at the meetings described above may address matters at issue in the following proceedings:

    New York Independent System Operator, Inc., Docket No. ER13-102. New York Independent System Operator, Inc., Docket No. ER15-2059. New York Independent System Operator, Inc., Docket No. ER17-2327.

    For more information, contact James Eason, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (202) 502-8622 or [email protected]

    Dated: March 5, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-04740 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER11-4625-006; ER10-2861-005; ER10-2862-006; ER10-2866-005; ER10-2867-005; ER11-3634-006; ER13-1504-006; ER13-2169-005.

    Applicants: Colton Power L.P., Fountain Valley Power, L.L.C., Goal Line L.P., Harbor Cogeneration Company, LLC, KES Kingsburg, L.P., SWG Arapahoe, LLC, SWG Colorado, LLC, Valencia Power, LLC.

    Description: Notice of Non-Material Change in Status of Colton Power L.P., et. al.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5289.

    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER14-2327-002; ER14-2328-002; ER14-2329-002; ER14-2330-002.

    Applicants: Entergy Services, Inc., Entergy Nuclear Generation Company, Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, Entergy Nuclear Power Marketing, LLC.

    Description: Supplement to June 29, 2017 Triennial Market Power Update for the Northeast Region of the Entergy Northeast MBR Utilities.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5290.

    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER18-947-000.

    Applicants: Nevada Power Company.

    Description: § 205(d) Rate Filing: NPC RS 161/APS RS 152 Amendment 1 to Agr. to be effective 5/1/2018.

    Filed Date: 3/1/18.

    Accession Number: 20180301-5280.

    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER18-948-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original ISA, SA No. 4940, Queue No. AA2-178 to be effective 2/2/2018.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5000.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-949-000.

    Applicants: Allegheny Energy Supply Company, LLC.

    Description: Compliance filing: compliance 2018 to be effective 12/5/2017.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5002.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-950-000.

    Applicants: FirstEnergy Solutions Corp.

    Description: Compliance filing: compliance 2018 to be effective 12/5/2017.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5003.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-951-000.

    Applicants: Jersey Central Power & Light Company.

    Description: Compliance filing: compliance 2018 to be effective 12/5/2017.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5004.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-952-000.

    Applicants: Monongahela Power Company.

    Description: Compliance filing: compliance 2018 to be effective 12/5/2017.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5005.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-953-000.

    Applicants: Pennsylvania Electric Company.

    Description: Compliance filing: compliance 2018 to be effective 12/5/2017.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5006.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-954-000.

    Applicants: Appalachian Power Company.

    Description: § 205(d) Rate Filing: OATT—Revise Tax Rate & Attachment K, AEPTX Rate Update to be effective 12/31/9998.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5007.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-955-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: SA 642 6th Rev—NITSA with General Mills Operations LLC to be effective 5/1/2018.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5008.

    Comments Due: 5 p.m. ET 3/26/18.

    Docket Numbers: ER18-956-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to ISA SA No. 4525; Queue No. Z2-089/AA2-099 (Consent to Assign) to be effective 8/8/2016.

    Filed Date: 3/5/18.

    Accession Number: 20180305-5017.

    Comments Due: 5 p.m. ET 3/26/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: March 5, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-04737 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-89-000] Empire Pipeline, Inc.; Notice of Application

    Take notice that on February 16, 2018, Empire Pipeline, Inc. (Empire), 6363 Main Street, Williamsville, New York 14221, filed an application in Docket No. CP18-89-000 an application pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA) for its Empire North Project. Specifically, Empire proposes to: (i) Construct a new 21,068 horsepower (hp) compressor station in Tioga County, Pennsylvania; (ii) construct a new 32,000 hp compressor station in Ontario County, New York; (iii) modify its New Victor Regulator Station in Ontario County, New York; (iv) modify its Jackson Meter and Regulator Station in Tioga County, Pennsylvania; (v) abandon by removal certain related facilities; and (vi) uprate the maximum allowable operating pressure of the Empire Connector Pipeline. Empire states that the project will provide 205,000 dekatherms per day of firm transportation service. Empire estimates the cost of the project to be approximately $142,390,912, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions concerning this application may be directed to Margaret M. Duggan, Attorney, Empire Pipeline, Inc., 6363 Main Street, Williamsville, New York 14221, or by telephone at (716) 857-7066.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit seven copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street NE, Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern Time on March 16, 2018.

    Dated: March 5, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-04778 Filed 3-8-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Western Area Power Administration Pacific Northwest-Pacific Southwest Intertie Project—Rate Order No. WAPA-181 AGENCY:

    Western Area Power Administration, DOE.

    ACTION:

    Notice of proposed extension of transmission service rates.

    SUMMARY:

    The Western Area Power Administration (WAPA) proposes to extend the existing Pacific Northwest-Pacific Southwest Intertie Project transmission service rates through September 30, 2020. The existing Rate Schedules INT-FT5 and INT-NFT4 expire April 30, 2018.

    DATES:

    A consultation and comment period starts with the publication of this notice and will end on April 9, 2018. WAPA will accept written comments any time during the consultation and comment period.

    ADDRESSES:

    Send written comments to: Mr. Ronald E. Moulton, Regional Manager, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, or email [email protected] WAPA will post information about the proposed transmission service rate extension and written comments received on its website at https://www.wapa.gov/regions/DSW/Rates/Pages/intertie-rates.aspx.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Tina Ramsey, Rates Manager, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, (602) 605-2565, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    Rate Schedules INT-FT5 and INT-NFT4 for Rate Order No. WAPA-157 were approved by the Federal Energy Regulatory Commission (FERC) for a 5-year period through April 30, 2018.1 The existing rates provide sufficient revenue to pay all annual costs, including interest expense, and repay required investment within the allowable period consistent with the cost recovery criteria set forth in DOE Order RA 6120.2. In accordance with 10 CFR part 903.23(a), WAPA is proposing to extend the existing rates under Rate Schedules INT-FT5 and INT-NFT4 for the period from May 1, 2018 through September 30, 2020. Extending these rate schedules through September 30, 2020 will provide WAPA and its customers time to evaluate the potential benefits of combining transmission service rates on Federal transmission projects in the Desert Southwest Region.

    1 FERC confirmed and approved Rate Order No. WAPA-157 on August 22, 2013, in Docket No. EF13-4-000. See Order Confirming and Approving Rate Schedules on a Final Basis, 144 FERC ¶ 61,143.

    By Delegation Order No. 00-037.00B, effective November 19, 2016, the Secretary of Energy delegated: (1) The authority to develop power and transmission rates to WAPA's Administrator; (2) the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and (3) the authority to confirm, approve, and place into effect on a final basis, to remand or to disapprove such rates to FERC.

    In accordance with 10 CFR 903.23(a)(2), WAPA will not hold public information or public comment forums but is providing a 30-day consultation and comment period to receive comments on the proposed rate extension. Comments must be received by the end of the consultation and comment period to be considered by WAPA in its decision process. WAPA will post comments received to its website, https://www.wapa.gov/regions/DSW/Rates/Pages/intertie-rates.aspx. After considering public comments, WAPA will take further action on the proposed rate extension consistent with 10 CFR 903.23(a).

    Dated: January 25, 2018. Mark A. Gabriel, Administrator.
    [FR Doc. 2018-04797 Filed 3-8-18; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0756; FRL-9972-86] Pesticide Experimental Use Permit; Receipt of Application; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's receipt of an application 93167-EUP-R from Oxitec Ltd. requesting an experimental use permit (EUP) for the OX513A Aedes aegypti mosquitoes expressing tetracycline Trans-Activator Variant (tTAV) protein. The Agency has determined that the permit may be of regional and national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

    DATES:

    Comments must be received on or before April 9, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2017-0756, 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), 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?

    This action is directed to the public in general. Although this action may be of particular interest to those persons who conduct or sponsor research on pesticides, 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.

    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?

    Under section 5 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136c, EPA can allow manufacturers to field test pesticides under development. Manufacturers are required to obtain an EUP before testing new pesticides or new uses of pesticides if they conduct experimental field tests on 10 acres or more of land or one acre or more of water.

    Pursuant to 40 CFR 172.11(a), the Agency has determined that the following EUP application may be of regional and national significance, and therefore is seeking public comment on the EUP application:

    Submitter: Oxitec Ltd., (93167-EUP-R).

    Pesticide Chemical: OX513A Aedes aegypti mosquitoes expressing tTAV protein.

    Summary of Request: Oxitec Ltd. is proposing to test OX513A Aedes aegypti mosquitoes expressing tTAV protein in the states of Florida and Texas on up to 1125 total acres at a maximum rate of 0.0017 g active ingredient (tTAV), equivalent to 45,000 male OX513A mosquitoes, per acre per week. The proposed experiments are to evaluate the efficacy of OX513A mosquitoes as a tool for suppression of wild Aedes aegypti mosquito populations.

    Following the review of the application and any comments and data received in response to this solicitation, EPA will decide whether to issue or deny the EUP request, and if issued, the conditions under which it is to be conducted. Any issuance of an EUP will be announced in the Federal Register.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: February 26, 2018. Robert McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2018-04705 Filed 3-8-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9038-1] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7156 or http://www2.epa.gov/nepa.

    Weekly receipt of Environmental Impact Statements filed 02/26/2018 Through 03/02/2018 pursuant to 40 CFR 1506.9. Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

    EIS No. 20180031, Draft, BLM, UT, Greater Chapita Wells Natural Gas Infill Project, comment period ends: 04/23/2018, Contact: Stephanie Howard 435-781-4469. EIS No. 20180032, Final, FTA, IN, West Lake Corridor Project Final Environmental Impact Statement/Record of Decision and Section 4(f) Evaluation. Under 23 U.S.C. 139(n)(2), FTA has issued a single document that consists of a final environmental impact statement and record of decision. Therefore, the 30-day wait/review period under NEPA does not apply to this action. Contact: Mark Assam 206-220-4465. EIS No. 20180033, Final, USFS, OR, Hwy 46, review period ends: 04/23/2018, Contact: Lynise Medley 503-854-4228. EIS No. 20180034, Draft, USFS, ID, Hungry Ridge Restoration Project, comment period ends: 04/23/2018, Contact: Jennie Fischer 208-983-4048. EIS No. 20180035, Final, DC, AK, Mertarvik Infrastructure Development Final EIS, review period ends: 04/09/2018, Contact: Don Antrobus 907-271-3500. Amended Notices EIS No. 20180028, Final, Caltrans, CA, ~VOIDED~ State Route 269 Bridge Project, review period ends: 09/03/2018, Contact: Jeff Sorensen 559-445-5329. This final environmental assessment was inadvertently filed and published in 03/02/2018 FR. Dated: March 7, 2018. Kelly Knight, Director, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2018-04884 Filed 3-8-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2017-0141; FRL-9974-91] Certain New Chemicals or Significant New Uses; Statements of Findings for December 2017 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    Section 5(g) of the Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA section 5. This document presents statements of findings made by EPA on TSCA section 5(a) notices during the period from December 1, 2017 to December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Greg Schweer, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 202-564-8469; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; 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. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitters of the PMNs addressed in this action.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2017-0141, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. 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 OPPT Docket is (202) 566-0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    II. What action is the Agency taking?

    This document lists the statements of findings made by EPA after review of notices submitted under TSCA section 5(a) that certain new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment. This document presents statements of findings made by EPA during the period from December 1, 2017 to December 31, 2017.

    III. What is the Agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a) notice and make one of the following specific findings:

    • The chemical substance or significant new use presents an unreasonable risk of injury to health or the environment;

    • The information available to EPA is insufficient to permit a reasoned evaluation of the health and environmental effects of the chemical substance or significant new use;

    • The information available to EPA is insufficient to permit a reasoned evaluation of the health and environmental effects and the chemical substance or significant new use may present an unreasonable risk of injury to health or the environment;

    • The chemical substance is or will be produced in substantial quantities, and such substance either enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to the substance; or

    • The chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment.

    Unreasonable risk findings must be made without consideration of costs or other non-risk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant under the conditions of use. The term “conditions of use” is defined in TSCA section 3 to mean “the circumstances, as determined by the Administrator, under which a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used, or disposed of.”

    EPA is required under TSCA section 5(g) to publish in the Federal Register a statement of its findings after its review of a TSCA section 5(a) notice when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to PMNs, MCANs, and SNUNs submitted to EPA under TSCA section 5.

    Anyone who plans to manufacture (which includes import) a new chemical substance for a non-exempt commercial purpose and any manufacturer or processor wishing to engage in a use of a chemical substance designated by EPA as a significant new use must submit a notice to EPA at least 90 days before commencing manufacture of the new chemical substance or before engaging in the significant new use.

    The submitter of a notice to EPA for which EPA has made a finding of “not likely to present an unreasonable risk of injury to health or the environment” may commence manufacture of the chemical substance or manufacture or processing for the significant new use notwithstanding any remaining portion of the applicable review period.

    IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent that such information is not claimed as Confidential Business Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this period, EPA has made findings under TSCA section 5(a)(3)(C) that the new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment:

    • EPA case number assigned to the TSCA section 5(a) notice.

    • Chemical identity (generic name, if the specific name is claimed as CBI).

    • Website link to EPA's decision document describing the basis of the “not likely to present an unreasonable risk” finding made by EPA under TSCA section 5(a)(3)(C).

    EPA Case Number: P-17-0153; Chemical identity: D-Glucitol, 1-deoxy-1-(dimethylamino)- (CASRN: 76326-99-3); website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-78.

    EPA Case Number: P-18-0026; Chemical identity: Silsesquioxanes, 2,4,4-trimethylpentyl, hydroxy-terminated (CASRN: 217654-68-7); website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-80.

    EPA Case Number: P-18-0032; Chemical identity: Alkyl alkenoic acid, alkyl ester, polymer with alkyl alkenoate, dialkyl alkanediol, substituted carbomonocycle, disubstituted heteromonocycle,disubstituted heteropolycyclic, alkanediol, substituted alkyl alkyl alkenoate and substituted heteromonocycle, dialkyl peroxide initiated (generic name); website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-79.

    Authority:

    15 U.S.C. 2601 et seq.

    Dated: March 1, 2018. Greg Schweer, Chief, New Chemicals Management Branch, Chemical Control Division, Office of Pollution Prevention and Toxics.
    [FR Doc. 2018-04704 Filed 3-8-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2015-0216; FRL-9975-31-OAR] RIN 2060-AT76 Notice of Proposed Withdrawal of the Control Techniques Guidelines for the Oil and Natural Gas Industry AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed withdrawal; request for comment.

    SUMMARY:

    The Environmental Protection Agency (EPA) is requesting public comment on a potential withdrawal of the Control Techniques Guidelines (CTG) for the Oil and Natural Gas Industry. The final CTG provided recommendations for reducing volatile organic compound (VOC) emissions from existing oil and natural gas industry emission sources in ozone nonattainment (NA) areas classified as Moderate or higher and states in the Ozone Transport Region (OTR). The CTG relied upon underlying data and conclusions made in the final rule titled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources,” published in the Federal Register on June 3, 2016 (2016 New Source Performance Standards (NSPS)). On June 5, 2017, the EPA granted reconsideration in regard to additional provisions of the 2016 NSPS. Pursuant to those actions, the EPA is currently looking broadly at the 2016 NSPS. In light of the fact that the EPA is reconsidering the 2016 NSPS and because the recommendations made in the CTG are fundamentally linked to the conclusions in the 2016 NSPS, the EPA believes it is prudent to withdraw the CTG in its entirety. The EPA also believes that the withdrawal will be more efficient for states in revising their state implementation plans (SIPs). The EPA is seeking comment on a potential withdrawal of the CTG.

    DATES:

    Comments must be received on or before April 23, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2015-0216, at: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Jonathan Witt, Sector Policies and Programs Division, Fuels and Incineration Group (E143-05), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5645; email address: [email protected].

    SUPPLEMENTARY INFORMATION: I. Background

    On October 27, 2016, the EPA published in the Federal Register the “Release of Final Control Techniques Guidelines for the Oil and Natural Gas Industry.” 81 FR 74798. The CTG provided information to state, local, and tribal air agencies to assist them in determining reasonably available control technology (RACT) for VOC emissions from select oil and natural gas industry emission sources. Section 182(b)(2)(A) of the Clean Air Act (CAA) requires that for ozone NA areas classified as Moderate, states must revise their SIPs to include provisions to implement RACT for each category of VOC sources covered by a CTG document issued between November 15, 1990, and the date of attainment. CAA section 182(c) through (e) extends this requirement to states with ozone NA areas classified as Serious, Severe, and Extreme. CAA section 184(b) further extends this requirement to states in the OTR.1

    1 The states/areas in the OTR are: CT, DE, ME, MD, MA, NH, NJ, NY, PA, RI, VT and the Washington, DC consolidated metropolitan statistical area, which includes a portion of northern VA (see CAA section 184(a)).

    Section 182(b)(2) of the CAA requires that a CTG document issued between November 15, 1990, and the date of attainment include the date by which states must submit their SIP revisions. In the final action issuing the CTG, the EPA established a SIP submission deadline of October 27, 2018, for addressing sources covered by the CTG. 81 FR 74799. According to the CTG implementation memo issued on October 20, 2016, “[t]he emissions controls determined by the state to be RACT for sources covered by the Oil and Gas CTG must be implemented as soon as practicable, but in no case later than January 1, 2021.” 2 This implementation period includes the 2-year period between the publication of the CTG in the Federal Register3 document and the SIP submission date of October 27, 2018. Because the October 27, 2018, deadline is not imminent, no state has an impending RACT SIP deadline associated with the CTG.

    2Implementing Reasonably Available Control Technology Requirements for Sources Covered by the 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry. Docket ID No. EPA-HQ-OAR-2015-0216-0238.

    3Id.

    The CTG relied upon underlying data and conclusions from the 2016 NSPS, as well as the final rule titled “Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews,” published in the Federal Register on August 16, 2012 (2012 NSPS). 77 FR 49490. The RACT recommendations for VOC emission reductions contained in the final CTG were based on a review of the 2012 NSPS and the 2016 NSPS. 81 FR 74799. In the final CTG, the EPA states, “[s]everal of the technical support documents (TSDs) prepared in support of the NSPS actions for the oil and natural gas industry include data and analyses considered in developing RACT recommendations in this CTG.” 4 RACT recommendations for storage vessels, compressors, pneumatic controllers, and equipment leaks from natural gas processing plants were based on the 2012 NSPS TSDs, and RACT recommendations for pneumatic pumps and fugitive emissions from well sites and compressor stations were based on the 2016 NSPS TSDs. It should be noted that facilities throughout the oil and natural gas sector (e.g., well sites, compressor stations, and natural gas processing plants) may contain some sources subject to the 2012 NSPS and other sources subject to the 2016 NSPS. On April 18, 2017, the EPA announced in a letter that it was convening a proceeding for reconsideration of certain core provisions of the 2016 NSPS, and on June 5, 2017, EPA granted reconsideration in regard to additional provisions of the 2016 NSPS. Pursuant to those actions, EPA is currently looking broadly at the 2016 NSPS. 82 FR 25730.

    4Control Techniques Guidelines for the Oil and Natural Gas Industry. October 2016. Final. U.S. Environmental Protection Agency. Office of Air and Radiation. Office of Air Quality Planning and Standards. Sector Policies and Programs Division. EPA-453/B-16-001. Docket ID No. EPA-HQ-OAR-2015-0216-0236.

    II. Discussion

    The EPA is seeking comment on a proposed withdrawal of the CTG. If finalized, the withdrawal would remove the mandatory RACT review requirement for affected sources in ozone NA areas classified as Moderate or higher and states in the OTR. The withdrawal would not impact oil and natural gas industry sources otherwise covered by the major source thresholds for RACT review (100 tons per year (tpy) for Moderate areas, 50 tpy for Serious areas, 25 tpy for Severe areas, and 10 tpy for Extreme areas).5 The EPA notes that unless and until EPA decides to withdraw the CTG, states remain obligated to revise their SIPs to address RACT requirements for oil and gas sources in ozone NA areas classified as Moderate or higher and the states in the OTR. Moreover, withdrawal of the CTG will not hinder states from establishing, where desired or otherwise required, emissions standards for sources in the oil and natural gas industry, including standards based on the recommendations contained in the withdrawn CTG. Having said that, the withdrawal of the CTG will relieve state, local, and tribal air agencies of the requirement to address RACT for non-major sources in this sector (and the associated need to consider the recommendations in the CTG for the time being).

    5 The RACT requirements for major sources are independent of CTG-based RACT requirements, and are defined in CAA sections 182(b)(2), 182(c), 182(d), 182(e), and 184(b)(2).

    The EPA notes that after it issued the 2016 NSPS, it exercised its discretion to issue the CTG to inform air agencies of “determinations as to what constitutes RACT for VOC for those oil and natural gas industry emission sources in their particular areas.” 81 FR 74799. The EPA emphasized that the information contained in the CTG was “provided only as guidance.” Id. The guidance did not “change, or substitute for, requirements specified in applicable sections of the CAA or the EPA's regulations; nor is it a regulation itself.” Id. The RACT recommendations in the CTG posed no “legally binding requirements on any entity.” Id. It only provided “recommendations for air agencies to consider in determining RACT.” Id. The CTG noted that the recommendations were based on “data and information currently available to the EPA.” Id.

    In the final CTG, EPA provided an estimate of the costs potentially associated with the CTG. With this action, the EPA has adjusted the analysis of costs and emission reductions associated with the final CTG to reflect state rules that have been finalized since the CTG was released, to adjust compliance costs from 2012$ to 2016$, as well as to estimate present values (PV) and equivalent annualized values (EAV) of avoided costs. The EPA estimates these avoided costs under two analytical perspectives, one where all states fully adopt RACT under the CTG, but would avoid any controls in the absence of the CTG, and another that focuses on the net change across all industries and reflects the assumption that sources in Moderate or higher NA areas might need to incur costs to obtain emission reductions under SIPs.

    Under the analytical perspective that assumes all states fully adopt RACT under the CTG, but would avoid any controls in the absence of the CTG, the avoided costs of withdrawing the CTG are reflected in the total avoided costs of the updated analysis. Under this perspective, the PV of avoided costs over 2021 through 2035 is estimated to be $599 million assuming a 3-percent discount rate and $439 million assuming a 7-percent discount rate. The EAV from this perspective is approximately $49 million per year and $45 million per year assuming 3-percent and 7-percent discount rates, respectively. Under the analytic perspective that focuses on net changes across all industries, which reflects that sources in Moderate or higher NA areas might need to incur costs to obtain emission reductions under SIPs in the scenario the CTG is withdrawn, the avoided costs are reflected in the estimates of avoided costs in the OTR. Under this perspective, the PV of avoided costs over 2021 through 2035 is estimated to be $14 million assuming a 3-percent discount rate and $16 million assuming a 7-percent discount rate. The EAV from this perspective is approximately $1.2 million per year and $1.6 million per year assuming 3-percent and 7-percent discount rates, respectively. Given the range of avoided costs between the two perspectives, we are soliciting comment on the uncertainty in the range of estimates. We are asking for any information related to state rules that would have supplanted the need for additional requirements under the final CTG, as well as on state actions with respect to sources that would be affected by the CTG in the absence of the CTG. This includes information on regulations in SIPs that would affect non-major oil and natural gas sources in the CTG, regardless of the status of the CTG. For more information on the estimates of avoided costs and forgone emissions reductions associated with the potential withdrawal of the CTG, see the memorandum, “Estimated Avoided Costs and Forgone Emission Reductions Associated with the Potential Withdrawal of the Control Techniques Guidelines for the Oil and Natural Gas Industry,” located in the docket.

    In light of the fact that we are reconsidering the 2016 NSPS and because the 2016 NSPS and CTG share certain key pieces of data and information, the EPA believes it is prudent to withdraw the CTG in its entirety. This includes model rule language incorporating the recommended compliance elements that states may use as a starting point when developing their SIPs. The deadline for incorporating the CTG-based RACT recommendations into SIPs has not yet passed, so states may wish to wait for the final outcome of any action related to the CTG and the EPA's reconsideration of the NSPS before finalizing any additional controls on oil and gas sources covered by the CTG, unless otherwise required by the CAA's ozone NA area and OTR provisions.6 During the time the EPA anticipates taking to complete the reconsideration of the 2016 NSPS, states would not have had to fully implement any new CTG-based RACT determinations for oil and gas sources. In addition, the EPA believes it is more efficient for states not to be required to revise their SIPs to comply with aspects pertaining to the 2012 NSPS and then potentially have to revise their SIPs again after reconsideration of the 2016 NSPS.

    6 The RACT requirements for major sources are independent of CTG-based RACT requirements, and are defined in CAA sections 182(b)(2), 182(c), 182(d), 182(e), and 184(b)(2).

    Withdrawing the CTG in its entirety will allow a more holistic consideration of control options for these sources (e.g., shared control devices).

    For the reasons outlined above, the EPA believes it is prudent to withdraw the CTG in its entirety. The EPA is seeking comment on a potential withdrawal of the CTG.

    Dated: March 1, 2018. E. Scott Pruitt, Administrator.
    [FR Doc. 2018-04703 Filed 3-8-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meeting FEDERAL REGISTER CITATION NOTICE OF PREVIOUS ANNOUNCEMENT:

    83 FR 8870.

    PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:

    Tuesday, March 6, 2018 at 10:00 a.m.

    CHANGES IN THE MEETING:

    This meeting also discussed:

    Matters relating to internal personnel decisions, or internal rules and practices.

    CONTACT FOR MORE INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Laura E. Sinram, Deputy Secretary of the Commission.
    [FR Doc. 2018-04847 Filed 3-7-18; 11:15 am] BILLING CODE 6715-01-P
    FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL [Docket No. AS18-03] Appraisal Subcommittee; Notice of Received Request for a Temporary Waiver AGENCY:

    Appraisal Subcommittee of the Federal Financial Institutions Examination Council, FFIEC.

    ACTION:

    Notice of received request for a temporary waiver; request for comments.

    SUMMARY:

    The Appraisal Subcommittee (ASC) of the Federal Financial Institutions Examination Council (FFIEC) has received a request for a temporary waiver of appraiser certification or licensing requirements pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act, and the rules promulgated thereunder. The ASC is requesting comment (including written data, views and arguments) on the received request.

    DATES:

    Comments must be received on or before April 9, 2018.

    ADDRESSES:

    Commenters are encouraged to submit comments (including written data, views and arguments) by the Federal eRulemaking Portal or email, if possible. You may submit comments, identified by Docket Number AS18-03, by any of the following methods:

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Click on the “Help” tab on the Regulations.gov home page to get information on using Regulations.gov, including instructions for submitting public comments.

    E-Mail: [email protected] Include the docket number in the subject line of the message.

    Fax: (202) 289-4101. Include docket number on fax cover sheet.

    Mail: Address to Appraisal Subcommittee, Attn: Lori Schuster, Management and Program Analyst, 1401 H Street NW, Suite 760, Washington, DC 20005.

    Hand Delivery/Courier: 1401 H Street NW, Suite 760, Washington, DC 20005.

    In general, the ASC will enter all comments received into the docket and publish those comments on the Federal eRulemaking (regulations.gov) website without change, including any business or personal information that you provide, such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. At the close of the comment period, all public comments will also be made available on the ASC's website at https://www.asc.gov (follow link in “What's New”) as submitted, unless modified for technical reasons.

    You may review comments by any of the following methods:

    Viewing Comments Electronically: Go to https://www.regulations.gov. Enter “Docket ID AS18-03” in the Search box and click “Search.” Click on the “Help” tab on the Regulations.gov home page to get information on using Regulations.gov, including instructions for viewing public comments, viewing other supporting and related materials, and viewing the docket after the close of the comment period.

    Viewing Comments Personally: You may personally inspect comments at the ASC office, 1401 H Street NW, Suite 760, Washington, DC 20005. To make an appointment, please call Lori Schuster at (202) 595-7578.

    FOR FURTHER INFORMATION CONTACT:

    James R. Park, Executive Director, at (202) 595-7575, or Alice M. Ritter, General Counsel, at (202) 595-7577, Appraisal Subcommittee, 1401 H Street NW, Suite 760, Washington, DC 20005.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended (Title XI), established the ASC.1 The purpose of Title XI is “to provide that Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision.” 2 Title XI requires the use of State licensed or certified appraisers in federally related transactions.3 Section 1119(b) of Title XI, 12 U.S.C. 3348(b), authorizes the ASC to waive, on a temporary basis and with approval of the FFIEC, any certification or licensing requirement relative to certifying or licensing individuals to perform appraisals under Title XI in a State or geographic political subdivisions of a State upon a written determination that there is a scarcity of certified or licensed appraisers to perform appraisals in connection with federally related transactions leading to significant delays in the performance of such appraisals. The ASC has issued procedures 4 governing the processing of temporary waiver requests. After receiving a waiver request, the ASC is required to issue a public notice in the Federal Register requesting comment on the request for a proposed temporary waiver. Within 15 days of the close of the 30-day comment period, the ASC, by order, will grant or deny a waiver, in whole or in part, and upon specified terms or conditions, including provisions for waiver termination. If the ASC approves any or all of the request, it is subject to approval by the FFIEC. The ASC's order granting or denying the waiver shall respond to comments received and shall provide reasons for the ASC's finding. The order shall be published promptly in the Federal Register, though in the case of an order granting a waiver, only after approval by the FFIEC.

    1 The ASC Board is comprised of seven members. Five members are designated by the heads of the FFIEC agencies (Board of Governors of the Federal Reserve System [Board], Consumer Financial Protection Bureau [CFPB], Federal Deposit Insurance Corporation [FDIC], Office of the Comptroller of the Currency [OCC], and National Credit Union Administration [NCUA]). The other two members are designated by the heads of the Department of Housing and Urban Development (HUD) and the Federal Housing Finance Agency (FHFA).

    2 Title XI § 1101, 12 U.S.C. 3331.

    3 “Federally related transaction” refers to any real estate related financial transaction which: a) a federal financial institutions regulatory agency engages in, contracts for, or regulates; and b) requires the services of an appraiser. (Title XI § 1121 (4), 12 U.S.C. 3350.)

    4 12 CFR part 1102, subpart A.

    II. Request for Temporary Waiver; Received Request

    On November 20, 2017, a letter requesting consideration of a temporary waiver was received by the ASC from TriStar Bank, a state-chartered bank located in Dickson, Tennessee (the Requester). On November 30, 2017, ASC staff replied by letter to the Requester, in which ASC staff described the information required to file a completed waiver request pursuant to 12 CFR 1102.2 and 1102.3, subpart A, Temporary Waiver Requests. On January 22, 2018, the Requester submitted additional information (dated January 10, 2018) in response to the ASC's November 30, 2017 letter. Pursuant to 12 CFR 1102.4, the ASC is publishing a notice respecting the received request to give interested persons 30 days to comment, including submission of written data, views and arguments.

    You may view the received request by any of the following methods:

    Viewing Received Request Electronically: Go to https://www.asc.gov. In the “What's New” box on the home page, a link is provided to view the received request and supporting documentation.

    Viewing Received Request Personally: You may personally inspect the received request and supporting documentation at the ASC office, 1401 H Street NW, Suite 760, Washington, DC 20005. To make an appointment, please call Lori Schuster at (202) 595-7578.

    III. Request for Comment

    The ASC seeks comment on all aspects of the received request, including submission of written data, views and arguments.

    By the Appraisal Subcommittee.

    Dated: March 6, 2018. James R. Park, Executive Director.
    [FR Doc. 2018-04756 Filed 3-8-18; 8:45 am] BILLING CODE P
    FEDERAL MARITIME COMMISSION Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. Copies of the agreements are available through the Commission's website (www.fmc.gov) or by contacting the Office of Agreements at (202) 523-5793 or [email protected]

    Agreement No.: 011830-012.

    Title: Indamex Cross Space Charter, Sailing and Cooperative Working Agreement.

    Parties: CMA CGM S.A.; Hapag-Lloyd AG; Nippon Yusen Kaisha; and Orient Overseas Container Line Limited.

    Filing Party: Joshua Stein; Cozen O'Connor; 1200 Nineteenth Street NW; Washington, DC 20036.

    Synopsis: The Amendment revises the Agreement to provide for the transition that will occur following the combination of the container liner operations of Kawasaki Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, Ltd.; and Nippon Yusen Kaisha into a new company known as Ocean Network Express Pte. Ltd. effective April 1, 2018. Ocean Network Express Pte. Ltd. is added as a party.

    Agreement No.: 012153-001.

    Title: NYK/HLAG Vessel Sharing Agreement.

    Parties: Nippon Yusen Kaisha and Hapag-Lloyd AG.

    Filing Party: Joshua Stein; Cozen O'Connor; 1200 Nineteenth Street NW; Washington, DC 20036.

    Synopsis: The Amendment revises the Agreement to provide for the transition that will occur following the combination of the container liner operations of Kawasaki Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, Ltd.; and Nippon Yusen Kaisha into a new company known as Ocean Network Express Pte. Ltd. effective April 1, 2018. Ocean Network Express Pte. Ltd. is added as a party.

    Agreement No.: 012462-001.

    Title: THE Alliance/CMA CGM Space Charter Agreement.

    Parties: Hapag Lloyd; Kawasaki Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, Ltd.; Nippon Yusen Kaisha; Yang Ming Marine Transport Corp.; and CMA CGM S.A.

    Filing Party: Joshua Stein; Cozen O'Connor; 1200 19th Street NW; Washington, DC 20036.

    Synopsis: The Amendment revises the Agreement to provide for the transition that will occur following the combination of the container liner operations of Kawasaki Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, Ltd.; and Nippon Yusen Kaisha into a new company known as Ocean Network Express Pte. Ltd. effective April 1, 2018. Ocean Network Express Pte. Ltd. is added as a party. In addition, the Amendment adds Yang Ming (UK) Ltd. as a party (operating as a single party with Yang Ming Marine Transport Corp.).

    Agreement No.: 012472-001.

    Title: Yang Ming/COSCO Shipping Slot Exchange Agreement.

    Parties: COSCO Shipping Lines Co., Ltd. and Yang Ming Marine Transport Corporation.

    Filing Party: Robert Magovern; Cozen O'Connor; 1200 19th Street NW; Washington, DC 20036.

    Synopsis: The amendment revises the Agreement to clarify that the space provided to Yang Ming will be on COSCO Shipping's AAC service, instead of on the CEN service effective April 1, 2018. The amendment also adds Yang Ming (UK) Ltd. as a party (operating as a single party with Yang Ming Marine Transport Corp.)

    Dated: March 5, 2018. Rachel E. Dickon, Secretary.
    [FR Doc. 2018-04697 Filed 3-8-18; 8:45 am] BILLING CODE P
    FEDERAL MARITIME COMMISSION [Fact Finding Investigation No. 28] Conditions and Practices Relating to Detention, Demurrage, and Free Time in International Oceanborne Commerce; Order of Investigation AGENCY:

    Federal Maritime Commission.

    DATES:

    The Order of Investigation was served March 5, 2018.

    ACTION:

    Notice of Order of Investigation.

    Authority:

    46 CFR 502.281 et seq.

    SUPPLEMENTARY INFORMATION:

    On March 5, 2018, the Federal Maritime Commission instituted a Fact Finding Investigation entitled Conditions and Practices Relating to Detention, Demurrage, and Free Time in International Oceanborne Commerce. Acting pursuant to 46 CFR 502.281 et seq., the Commission has designated Commissioner Rebecca F. Dye as Investigative Officer to develop a record and final report by December 2, 2018 on the following:

    1. Whether, and if so, how, the alignment of commercial, contractual, and cargo interests enhance or aggravate the ability of cargo to move efficiently through United States ports.

    2. Whether, and if so, when, the carrier or MTO has tendered cargo to the shipper and consignee.

    3. Billing practices for invoicing demurrage or detention.

    4. Practices with respect to delays caused by various outside or intervening events.

    5. Practices for resolution of demurrage and detention disputes between carriers or MTOs and shippers.

    The Order may be viewed in its entirety at https://www.fmc.gov/ff_no._28/.

    Rachel E. Dickon, Secretary.
    [FR Doc. 2018-04816 Filed 3-8-18; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 6, 2018.

    A. Federal Reserve Bank of Philadelphia (William Spaniel, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521. Comments can also be sent electronically to [email protected]:

    1. Juniata Valley Financial Corp., Mifflintown, Pennsylvania; to acquire voting shares of Liverpool Community Bank Liverpool, Pennsylvania.

    Board of Governors of the Federal Reserve System, March 6, 2018. Ann E. Misback, Secretary of the Board.
    [FR Doc. 2018-04768 Filed 3-8-18; 8:45 am] BILLING CODE P
    FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request AGENCY:

    Federal Trade Commission (FTC or Commission).

    ACTION:

    Notice.

    SUMMARY:

    The information collection requirements described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act (PRA). The FTC seeks public comments on its proposal to extend for three years the current PRA clearances for information collection requirements contained in the rules and regulations under the Fur Products Labeling Act (Fur Rules or Rules). The clearance expires on May 31, 2018.

    DATES:

    Comments must be received on or before May 8, 2018.

    ADDRESSES:

    Interested parties may file a comment online or on paper by following the instructions in the Request for Comments part of the SUPPLEMENTARY INFORMATION section below. Write “Paperwork Reduction Act: FTC File No. P072108” on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/furrulespra1 by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Requests for copies of the collection of information and supporting documentation should be addressed to Jock K. Chung, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Mail Code CC-9528, 600 Pennsylvania Ave. NW, Washington, DC 20580, (202) 326-2984.

    SUPPLEMENTARY INFORMATION: Proposed Information Collection Activities

    Under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3520, federal agencies must get OMB approval for each collection of information they conduct, sponsor, or require. “Collection of information” means agency requests or requirements to submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing PRA clearance for the information collection requirements associated with the Commission's rules and regulations under the Fur Products Labeling Act (Fur Rules or Rules), 16 CFR part 301 (OMB Control Number 3084-0099).1 The FTC invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) 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. All comments must be received on or before May 8, 2018.

    1 The Commission issued the Fur Rules to implement the Fur Products Labeling Act, 15 U.S.C. 69 et seq.

    Burden Estimates

    Staff's burden estimates are based on data from the Department of Labor's Bureau of Labor Statistics (BLS) and data or other input from the Fur Industry Council of America. The relevant information collection requirements in these rules and staff's corresponding burden estimates follow. The estimates address the number of hours needed and the labor costs incurred to comply with the requirements.

    The Fur Products Labeling Act (Fur Act) 2 prohibits the misbranding and false advertising of fur products. The Fur Rules establish disclosure requirements that assist consumers in making informed purchasing decisions, and recordkeeping requirements that assist the Commission in enforcing the Rules. The Rules also provide a procedure for exemption from certain disclosure provisions under the Fur Act.

    2 15 U.S.C. 69 et seq.

    The Commission expects that recent amendments to the Fur Act have increased the cost of complying with the Fur Rules as amended.3 Congress eliminated the Commission's power to exempt from the labeling requirements items where either the cost of the fur trim to the manufacturer or the manufacturer's selling price for the finished product is less than $150.4 As a result, more garments are now subject to the Fur Act and Rules, which will impose higher recordkeeping and labeling costs on manufacturers, importers, and retailers.

    3Final Rule, 79 FR 30445 (May 28, 2014) (effective date of November 19, 2014).

    4 Truth in Fur Labeling Act, Public Law 111-313.

    Estimated annual hours burden: 249,541 hours (64,440 hours for recordkeeping + 185,101 hours for disclosure).

    Recordkeeping: The Fur Rules require that retailers, manufacturers, processors, and importers of furs and fur products keep certain records in addition to those they may keep in the ordinary course of business. Staff estimates that 1,230 retailers incur an average recordkeeping burden of about 18 hours per year (22,140 hours total); 90 manufacturers incur an average recordkeeping burden of about 60 hours per year (5,400 hours total); and 1,230 importers of furs and fur products incur an average recordkeeping burden of 30 hours per year (36,900 hours total). The combined recordkeeping burden for the industry is approximately 64,440 hours annually.

    Disclosure: Staff estimates that 1,320 respondents (90 manufacturers + 1,230 retail sellers of fur garments) each require an average of 30 hours per year to determine label content (39,600 hours total), and an average of ten hours per year to draft and order labels (13,200 hours total). Staff estimates that the total number of garments subject to the fur labeling requirements annually is approximately 1,610,000.5 Staff estimates that for approximately 50 percent of these garments (805,000) labels are attached manually, requiring approximately four minutes per garment for a total of 53,667 hours annually. For the remaining 805,000, the process of attaching labels is semi-automated and requires an average of approximately five seconds per item, for a total of 1,118 hours. Thus, the total burden for attaching labels is 54,785 hours, and the total burden for labeling garments is 107,585 hours per year (39,600 hours to determine label content + 13,200 hours to draft and order labels + 54,785 hours to attach labels).

    5 The total number of imported fur garments, fur-trimmed garments, and fur accessories is estimated to be approximately 1,400,000 based on industry data. Estimated domestic production totals 210,000.

    Staff estimates that the incremental burden associated with the Fur Rules' invoice disclosure requirement, beyond the time that would be devoted to preparing invoices in the absence of the Rules, is approximately one minute per invoice for garments and thirty seconds per invoice for pelts.6 The invoice disclosure requirement applies to fur garments, which are generally sold individually, and fur pelts, which are generally sold in groups of at least 50, on average. Assuming invoices are prepared for sales of 1,610,000 garments, the invoice disclosure requirement entails an estimated burden of 26,833 hours (1,610,000 invoices × one minute). Based on information from the Fur Industry Council of America, staff estimates total sales of 8,900,000 pelts annually. Assuming invoices are prepared for sales of 178,000 groups (derived from an estimated 8,900,000 pelts ÷ 50) of imported and domestic pelts, the invoice disclosure requirement entails an estimated total burden of 1,483 hours (178,000 total invoices × thirty seconds). Thus, the total burden for invoice disclosures is 28,316 hours.

    6 The invoice disclosure burden for PRA purposes excludes the time that respondents would spend for invoicing, apart from the Fur Rules, in the ordinary course of business. See 5 CFR 1320.3(b)(2).

    Staff estimates that the Fur Rules' advertising disclosure requirements impose an average burden of 40 hours per year for each of the approximately 1,230 domestic fur retailers, or a total of 49,200 hours.

    Thus, staff estimates the total disclosure burden to be approximately 185,101 hours (107,585 hours for labeling + 28,316 hours for invoices + 49,200 hours for advertising).

    Estimated annual cost burden: $4,996,243 (solely relating to labor costs). The chart below summarizes the total estimated costs.

    Task Hourly rate Burden hours Labor cost Determine label content $28.00 39,600 $1,108,800 Draft and order labels 18.00 13,200 237,600 Attach labels 7 11.00 54,785 602,635 Invoice disclosures 18.00 28,316 509,688 Prepare advertising disclosures 28.00 49,200 1,377,600 Recordkeeping 18.00 64,440 1,159,920 Total 4,996,243

    Staff believes that there are no current start-up costs or other capital costs associated with the Fur Rules. Because the labeling of fur products has been an integral part of the manufacturing process for decades, manufacturers have in place the capital equipment necessary to comply with the Rules' labeling requirements.8 Industry sources indicate that much of the information required by the Fur Act and Rules would be included on the product label even absent the Rules. Similarly, invoicing, recordkeeping, and advertising disclosures are tasks performed in the ordinary course of business so that covered firms would incur no additional capital or other non-labor costs as a result of the Act or the Rules.

    7 Per industry sources, most fur labeling is done in the United States. This rate is reflective of an average domestic hourly wage for such tasks performed in the United States, which is derived from recent BLS statistics.

    8 Although items previously exempt from the labeling requirements must now be labeled regarding their fur content, the Textile and Wool Rules, found at 16 CFR 303 and 16 CFR 300, respectively, already required many such items to have fiber content labels. Hence, manufacturers likely have in place the equipment needed to comply with the additional labeling requirements.

    Request for Comments

    You can file a comment online or on paper. May 8, 2018. Write “Paperwork Reduction Act: FTC File No. P072108” on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission website, at https://www.ftc.gov/policy/ public-comments. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/furrulespra1 by following the instructions on the web based form. If this Notice appears at https://www.regulations.gov, you also may file a comment through that website.

    If you file your comment on paper, write “Paperwork Reduction Act: FTC File No. P072108” on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex C), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610, Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service.

    Because your comment will be placed on the publicly accessible FTC website at https://www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else's Social Security number; date of birth; driver's license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any “trade secret or any commercial or financial information which . . . is privileged or confidential”—as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names.

    Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled “Confidential,” and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC website—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request.

    Visit the Commission website at https://www.ftc.gov to read this Notice. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before May 8, 2018. You can find more information, including routine uses permitted by the Privacy Act, in the Commission's privacy policy, at https://www.ftc.gov/site-information/privacy-policy.

    David C. Shonka, Acting General Counsel.
    [FR Doc. 2018-04825 Filed 3-8-18; 8:45 am] BILLING CODE 6750-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-18-0199] Agency Forms Undergoing Paperwork Reduction Act Review

    In accordance with the Paperwork Reduction Act of 1995, the Centers for Disease Control and Prevention (CDC) has submitted the information collection request titled Application for Permit to Import Biological Agents and Vectors of Human Disease into the United States and Application for Permit to Import or Transport Live Bats (42 CFR 71.54) to the Office of Management and Budget (OMB) for review and approval. CDC previously published a “Proposed Data Collection Submitted for Public Comment and Recommendations” notice on September 26, 2017 to obtain comments from the public and affected agencies. CDC received three comments related to the previous notice. This notice serves to allow an additional 30 days for public and affected agency comments.

    CDC will accept all comments for this proposed information collection project. The Office of Management and Budget is particularly interested in comments that:

    (a) 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;

    (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    (c) Enhance the quality, utility, and clarity of the information to be collected;

    (d) 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; and

    (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Direct written comments and/or suggestions regarding the items contained in this notice to the Attention: CDC Desk Officer, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to (202) 395-5806. Provide written comments within 30 days of notice publication.

    Proposed Project

    Import Permit Applications (42 CFR 71.54) (OMB Control Number 0920-0199, expires 12/31/2019)—Revision—Office of Public Health Preparedness and Response (OPHPR), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    On September 26, 2017, CDC published a 60-day Federal Register notice (82 FR 44795) seeking public comments to initiate a revision of the information collection projects titled “Application for Permit to Import Biological Agents, Infectious Substances and Vectors of Human Disease into the United States” and “Application for Permit to Import or Transport Live Bats.” As a result of this notice, CDC received three comments. One commenter requested that we make the “Application for Permit to Import Biological Agents, Infectious Substances and Vectors of Human Disease into the United States” form fillable so that applicants are able to complete the electronically. We made no changes based on this comment but note that the form will be published as a pdf-fillable form so that applicants have the ability to save the document to the applicant's local drive, complete the form, and then mail or fax the application to CDC. The other two comments did not pertain to the changes to the forms. Therefore, we made no changes to forms based on these comments.

    The Application for Permit to Import Biological Agents, Infectious Substances and Vectors of Human Disease into the United States form is used by laboratory facilities, such as those operated by government agencies, universities, and research institutions to request a permit for the importation of biological agents, infectious substances, or vectors of human disease. This form has been revised to remove questions that are duplicative or not required to process the import permit request and added questions requesting biosafety officer's contact information and verifying biosafety measures for any subsequent transfers listed on the import permit application of infectious biological agent, infectious substance, and/or vector once in the United States.

    The Application for Permit to Import or Transport Live Bats form is used by laboratory facilities such as those operated by government agencies, universities, research institutions, and for educational, exhibition or scientific purposes to request a permit for the importation, and any subsequent distribution after importation, of live bats. This form currently requests the applicant and sender contact information; a description and intended use of bats to be imported; and facility isolation and containment information. CDC revised this application to add a question about what personal protective measures will be used.

    Estimates of burden for the survey are based on information obtained from the CDC import permit database on the number of permits issued on annual basis since 2010. CDC estimates 1,322 burden hours for this collection.

    Estimated Annualized Burden Hours Type of respondent Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Applicants Requesting to Import Biological Agents, Infectious Substances and Vectors Application for Permit to Import Biological Agents, Infectious Substances and Vectors of Human Disease into the United States 2,000 1 20/60 Applicants Requesting to Import Biological Agents, Infectious Substances and Vectors Application for Permit to Import Biological Agents, Infectious Substances and Vectors of Human Disease into the United States Guidance 2,000 1 10/60 Applicants Requesting to Import Biological Agents, Infectious Substances and Vectors Application for Permit to Import Biological Agents, Infectious Substances and Vectors of Human Disease into the United States-Subsequent Transfer 380 1 50/60 Applicants Requesting to Import Live Bats Application for a Permit to Import Live Bats 10 1 20/60 Applicants Requesting to Import Live Bats Application for a Permit to Import Live Bats Guidance 10 1 10/60
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2018-04742 Filed 3-8-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-18-18EV] Agency Forms Undergoing Paperwork Reduction Act Review

    In accordance with the Paperwork Reduction Act of 1995, the Centers for Disease Control and Prevention (CDC) has submitted the information collection request titled Enhanced Surveillance for Histoplasmosis to the Office of Management and Budget (OMB) for review and approval. CDC previously published a “Proposed Data Collection Submitted for Public Comment and Recommendations” notice on December 21, 2017 to obtain comments from the public and affected agencies. CDC did not receive comments related to the previous notice. This notice serves to allow an additional 30 days for public and affected agency comments.

    CDC will accept all comments for this proposed information collection project. The Office of Management and Budget is particularly interested in comments that:

    (a) 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;

    (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    (c) Enhance the quality, utility, and clarity of the information to be collected;

    (d) 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; and

    (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Direct written comments and/or suggestions regarding the items contained in this notice to the Attention: CDC Desk Officer, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to (202) 395-5806. Provide written comments within 30 days of notice publication.

    Proposed Project

    Enhanced Surveillance for Histoplasmosis—New—National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Histoplasmosis is an infectious disease caused by inhalation of the environmental fungus Histoplasma capsulatum. Histoplasmosis can range from asymptomatic or mild illness to severe disseminated disease, and it is often described as the most common endemic mycosis in North America. However, much still remains unknown about the epidemiology and patient burden of histoplasmosis in the United States.

    Histoplasmosis is currently reportable in 11 states but is not nationally notifiable. In June 2016, the Council of State and Territorial Epidemiologists (CSTE) passed a position statement to standardize the case definition for histoplasmosis, a first step towards more consistent surveillance methodology. A recent multistate analysis of histoplasmosis cases reported to public health during 2011-2014 also revealed variation in the data elements collected by each state, limiting inter-state comparability. In addition, data on possible exposures, underlying medical conditions, symptoms, and antifungal treatment were only collected in a few states. Furthermore, no multistate data exists about histoplasmosis cases identified using the newly-created CSTE case definition.

    More detailed data about histoplasmosis cases detected during routine surveillance are needed to better understand the features of persons at risk, characterize the effects of histoplasmosis on patients (e.g., delays in diagnosis, symptom duration, and decreased productivity), understand patient awareness of histoplasmosis, and determine its true public health burden. This information will not only help inform routine surveillance practices, but also guide awareness efforts and appropriate prevention strategies.

    For a period of one year, health department personnel in participating states will conduct telephone interviews with individuals reported as histoplasmosis cases and that meet the CSTE case definition. Health department personnel will record responses on a standardized form. The form will collect information on demographics, underlying medical conditions, exposures, symptom type and duration, healthcare-seeking behaviors, diagnosis, treatment, and outcomes.

    This interview activity is consistent with the state's existing authority to investigate reports of notifiable diseases for routine surveillance purposes; therefore, formal consent to participate in the surveillance is not required. However, individuals may choose not to participate and may choose not to answer any question they do not wish to answer.

    It will take health department personnel approximately 15 minutes to administer the questionnaire and 15 minutes to retrieve and record diagnostic information from their state reportable disease database. For an estimated 300 patient respondents and 10 public health respondents, this results in an estimated annual burden to the public of 150 hours. There are no additional costs to respondents other than their time.

    This is a new Information Collection Request. CDC seeks a 24-month approval. This study is authorized under Section 301 of the Public Health Service Act (42 U.S.C. 241).

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Histoplasmosis cases Case Report Form for Histoplasmosis Enhanced Surveillance 300 1 15/60 Health Department Personnel Case Report Form for Histoplasmosis Enhanced Surveillance 10 30 15/60
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2018-04741 Filed 3-8-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families RIN 0970-0427 Request for Public Comments on Head Start Program Information Report AGENCY:

    Office of Head Start (OHS), Administration for Children and Families (ACF), Department of Health and Human Services (HHS).

    ACTION:

    Request for public comments on Head Start Program Information Report.

    SUMMARY:

    The Office of Head Start invites public comment on several major changes to the Head Start Program Information Report (PIR) to better align with the comprehensive revision of the Head Start Program Performance Standards (HSPPS), reduce reporting burden, and improve the data collection. Major changes include proposals to remove, add, and significantly update PIR questions. To view proposed changes to the PIR to go into effect for the 2019-20 PIR, please visit https://eclkc.ohs.acf.hhs.gov/sites/default/files/pdf/summary-of-proposed-changes-to-the-pir-for-public-comment.pdf.

    DATES:

    Submit comments by April 6, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Fran Majestic, Division Director of Program Operations Division, [email protected], 1-866-763-648. Deaf and hearing-impaired individuals may call the Federal Dual Party Relay Service at 1-800-877-8339 between 8 a.m. and 7 p.m. Eastern Standard Time.

    Dated: February 28, 2018. Ann Linehan, Acting Director, Office of Head Start.
    [FR Doc. 2018-04683 Filed 3-8-18; 8:45 am] BILLING CODE 4184-40-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0810] Equivalence Determination Regarding the European Union Food Safety Control System for Raw Bivalve Molluscan Shellfish AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is inviting public comment on a proposed determination that the European Union (EU) food safety control system for raw bivalve molluscan shellfish (“shellfish”) intended for export into the United States, as administered by the European Commission (EC), provides at least the same level of sanitary protection as the United States' system and is therefore equivalent. If finalized, this determination would permit the importation of shellfish harvested from certain production areas and processed by establishments that have been listed by FDA on the Interstate Certified Shellfish Shippers List (ICSSL). This notice also briefly describes the processes whereby other EU Member States (EUMS) may be approved in the future.

    DATES:

    Comments must be received on or before May 23, 2018 to ensure consideration before the equivalence determination is finalized.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2018-N-0810 for “Equivalence Determination Regarding the European Union Food Safety Control System for Raw Bivalve Molluscan Shellfish.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Melissa Abbott, Center for Food Safety and Applied Nutrition (HFS-325), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1401 or Robert Tuverson, Center for Food Safety and Applied Nutrition (HFS-550), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1586.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is responsible for protecting public health by ensuring the safety of our nation's food supply, including imported foods. This includes raw bivalve molluscan shellfish (oysters, clams, mussels, and roe-on and whole scallops, referred to as “shellfish” throughout this notice) imported into the United States. This notice announces and explains the basis for our proposed determination that the EU food safety control system for shellfish intended for export to the United States, which is currently being implemented in certain growing areas in the Netherlands and Spain, provides a level of sanitary protection equivalent to the relevant elements of the U.S. system. FDA is seeking comment on this proposed determination.

    A. What is an equivalence determination?

    Under the 1995 World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), WTO Member States are required to enter into consultation with the aim of achieving bilateral and multilateral agreements on recognition of the equivalence of specified sanitary or phytosanitary measures (SPS Agreement, Article 4.2) (Ref. 1). When a WTO Member State requests an equivalence determination from another WTO Member State, the requesting WTO Member State must objectively demonstrate that its measures achieve the other WTO Member State's appropriate level of sanitary or phytosanitary protection (SPS Agreement, Article 4.2) (Ref. 1).

    Equivalence is evaluated by an examination of the sanitary and phytosanitary measures (SPS measures) in use in the country, which include all relevant laws, decrees, regulations, requirements and procedures, including end-product criteria, processes and production methods, testing, inspection, and certification and approval procedures. In addition, equivalence is evaluated by how the country implements those SPS measures. In this case, equivalence is evaluated by an examination of sanitary measures relating to shellfish safety.

    The United States implemented the SPS Agreement requirement relating to equivalence in section 432 of the Uruguay Round Agreements Act (URAA), Public Law 103-465, which amended section 492 of the Trade Agreements Act of 1979 (Pub. L. 96-39). Under the URAA's section 432(a), U.S. agencies may not find foreign SPS measures equivalent to comparable SPS measures in the United States unless the agency determines that the foreign measures provide at least the same level of sanitary or phytosanitary protection as the comparable SPS measures established under Federal law (19 U.S.C. 2578a(a)).

    Also under the URAA, where the comparable domestic SPS measures corresponding to an equivalence determination are not required to be issued as a rule under the Federal Food, Drug, and Cosmetic Act (FD&C Act) or other statute that we administer, we must publish a notice in the Federal Register and consider public comment before finalizing the equivalence determination (19 U.S.C. 2578a(c)). Once an equivalence determination is made final, we intend to engage in technical consultations and ongoing verification, including appropriate checking of imports, to ensure that equivalence continues to exist.

    B. How are domestic and imported shellfish regulated in the United States?

    FDA regulates the safety of fish and fishery products, including shellfish, under the FD&C Act, the Public Health Service Act (PHS Act), and our regulations (21 CFR part 123 Fish and Fishery Products and 21 CFR 1240.60 Molluscan Shellfish). To satisfy those regulatory requirements, shellfish in interstate commerce is regulated by the States of the United States (States or State) through the National Shellfish Sanitation Program (NSSP) and its Guide for the Control of Molluscan Shellfish (NSSP Guide) (Ref. 2), which together constitute the broad framework of sanitation standards adopted by each participating State. While the NSSP Guide functions as a model ordinance incorporated into State law by participating States, it is not itself a Federal regulation.

    The NSSP, which is authorized under section 702 of the FD&C Act (21 U.S.C. 372) and section 311 of the PHS Act (42 U.S.C. 243), is a Federal-State cooperative program supported collaboratively by FDA and the Interstate Shellfish Sanitation Conference (ISSC). The ISSC is a voluntary national organization of Federal and State regulatory officials and the shellfish industry that is engaged in the sanitary control of shellfish. The ISSC provides a formal structure for State regulatory authorities to create legal requirements, guidelines, and procedures for managing the safety of shellfish intended for human consumption. The ISSC passed a resolution in 2011 recognizing FDA as the U.S. authority responsible for considering equivalence with the NSSP if so requested by foreign countries (Ref. 3).

    C. What is the history of requests for equivalence determinations by the United States and the EU with respect to shellfish?

    The Veterinary Equivalency Agreement of 1998 (VEA) established a framework for the United States and the EU to pursue equivalence determinations for food of animal origin, including shellfish (Ref. 4). For FDA-regulated products, FDA is the competent authority for the United States. For the EU, the EC's Directorate-General for Health and Food Safety (DG SANTE, formerly known as DG SANCO), is the competent authority and represents EUMS with respect to equivalence determinations.

    In June 2008, DG SANCO formally requested that the United States undertake an equivalence determination under the VEA with respect to shellfish to allow the EU to export to the United States (Ref. 5). In March 2009, DG SANCO audited the U.S. food safety control system for shellfish, concluding that certain aspects of the U.S. control system were not equivalent to those in the EU (Ref. 6). As a result, in October 2009 the EC determined that the U.S. eligibility to ship shellfish to the EU would end on December 31, 2009 (this date was later moved to July 1, 2010). In 2010, FDA and DG SANCO agreed to engage in equivalence determinations and agreed on a process to evaluate one another's shellfish safety systems to determine whether they provide an equivalent level of food safety protection (Refs. 7 and 8). This process involved expert technical consultations, together with documentary and onsite evaluations and audits, conducted between 2010 and 2016 by both the United States and the EC. This Federal Register notice provides the basis for FDA's proposed determination that the EU food safety control system for shellfish is equivalent to the NSSP. As a result of its own assessment of the United States' system, the EC also has made a determination that the United States' system is equivalent to its own, and as a result of that determination has stated its intent to accept shellfish from certain growing areas in the States. For information about the EC's evaluation of the U.S. food safety control system for shellfish, including its onsite visits to production and processing facilities, see Refs. 9 and 10.

    II. What is FDA's proposed determination concerning the equivalence of the EU shellfish safety system to the system in the United States? A. What U.S. SPS measures for shellfish did FDA compare to comparable EU SPS measures?

    FDA's assessment focused on whether the EU food safety control system for shellfish contains measures that provide the same level of protection as the food safety measures of the NSSP, which has incorporated Federal regulations specific to fish and fishery products (these are found at part123 and § 1240.60). Thus, the NSSP, which is implemented and enforced by the States, contains within it all relevant Federal requirements concerning, among other things, current good manufacturing practices, hazard analysis and Hazard Analysis Critical Control Point (HACCP) plans, recordkeeping, sanitation control procedures, and the restriction of interstate transport of shellfish in an insanitary manner. The NSSP provisions, similar to the incorporated Federal requirements, apply to both imported and domestic products (Ref. 2). Because of the incorporation in the NSSP of the relevant Federal requirements, we have determined that the NSSP standards are the appropriate SPS measures to use in determining whether the EC regulations are equivalent to U.S. shellfish safety safeguards.

    B. What was the scope and process of our assessment of the EU's food safety control system for shellfish?

    FDA's proposed determination of equivalence is predicated on an in-depth evaluation of the EC's food safety controls for shellfish and their implementation by EUMS. FDA focused its review on Class A growing areas in the Netherlands and Spain, based on selections made by the EC.

    We began our consultation regarding shellfish equivalence by comparing sanitary measures applied by the States through the NSSP with those shellfish sanitary measures applied by the EUMS in accordance with EC legislation. This documentary review included the regulatory framework; training programs; inspection programs; program assessment and audit; food-related illness and outbreaks; compliance and enforcement; industry and community relations; program resources; international communication and harmonization; and laboratory support.

    For sanitary measures related to growing area controls, enforcement, and biotoxins, FDA technical experts determined that further evaluation was needed. In conducting this further review, FDA technical experts relied on technical consultations and observations from onsite evaluations, as well as appropriate data analysis and risk assessments. In addition to documentary review, technical consultations, and expert analysis, we performed onsite evaluations as well as appropriate data and risk assessments to verify EUMS implementation of the EU food safety control system for shellfish (Ref. 11).

    The FDA expert evaluation combined both quantitative and qualitative considerations, such as the statistical analysis of shellfish meat versus water standards and the review of legal systems. Whether considering quantitative or qualitative factors, we relied on the knowledge and experience of our technical experts and their understanding of known or reasonably foreseeable hazards in shellfish. Our technical experts used their extensive scientific knowledge and experience with shellfish control systems to evaluate and determine whether different control measures were equivalent in controlling identified hazards.

    C. What did FDA tentatively conclude based on its evaluation?

    FDA technical experts concluded, based on their extensive review of relevant EU measures and onsite evaluations, that the EU's food safety control system for shellfish provides an equivalent level of sanitary protection as the NSSP. Specifically, FDA technical experts concluded that:

    • The documentary review demonstrated that most of the shellfish sanitary measures applied by the EUMS in accordance with EC legislation, including certain additional controls negotiated with FDA, are equivalent to the sanitary measures applied by the States through the NSSP (Refs. 7, 8, 11, and 12);

    • EC procedures and enforcement criteria for assessing the safety of shellfish using shellfish meat are equivalent to the sanitary measures applied by the States through the NSSP, which rely on assessing growing water quality and classification of waters (Ref. 13); and

    • With respect to identifying and responding to emerging pathogens of public health concern, including Vibrio spp., the EU food safety systems provide the same level of public health protection as U.S. systems (Ref. 14).

    In reaching these conclusions, FDA technical experts relied on their documentary review, technical consultations with counterparts with the EC, observations from onsite evaluations, as well as appropriate data and risk assessments, described more fully in sections II.E. and II.F.

    D. To what growing areas and processing facilities in the EU does this proposed determination apply?

    This proposed determination only applies to EC Class A growing areas where additional controls have been implemented to satisfy specific U.S. food safety concerns (“Class A” means approved for the harvesting of shellfish for direct consumption). For purposes of this notice, we use the term “growing area,” by which we mean any site which supports or could support the propagation of shellstock by natural or artificial means. (The EC uses the term “production area” and defines it as “any sea, estuarine or lagoon area, containing either natural beds of bivalve molluscs or sites used for the cultivation of bivalve molluscs, and from which live bivalve molluscs are taken” (Regulation (EC) No 853/2004, Annex I, 2.5).) Currently, the only shellfish growing areas in the EU that have been determined to be implementing these additional controls are in the Netherlands and Spain. This notice describes the process whereby we may recognize additional EUMS growing areas and list additional EUMS processing facilities on the ICSSL in the future.

    E. What is the basis for the FDA's tentative conclusion that procedures and enforcement for assessing shellfish growing area controls in the EU are equivalent to those in the United States? 1. Growing Area Controls

    In the United States, the microbiological quality and safety of shellfish is determined through extensive sanitary surveys of shellfish growing areas, which include microbiological testing of the water. Sanitary surveys are “the written evaluation report[s] of all environmental factors, including actual and potential pollution sources, which have a bearing on the water quality in a shellfish growing area” (NSSP Guide at page 9) (Ref. 2). The EC, in contrast, historically has determined the safety of shellfish and classified shellfish growing areas based on the levels of indicator bacteria found in shellfish meats.

    In January 2012, the EC stated that an effort was underway to develop a set of guidelines on how to interpret and implement EU Food Hygiene Regulation (EC) No. 854/2004 (basic food hygiene regulation) as it related to shellfish growing areas, including through the use of sanitary surveys. These new guidelines were contained in a document entitled the Community Guide to the Principles of Good Practice for the Microbiological Classification and Monitoring of Bivalve Mollusc Production and Relaying Areas with Regard to Regulation 854/2004 (Community Guide). In April 2012, the EC provided the Community Guide to FDA for review (Refs. 5 and 15).

    The Community Guide incorporated growing area controls that provided for the assessment of pollution sources in sanitary surveys, the selection of representative monitoring points, the creation of sampling plans, the classification of growing areas, and ongoing monitoring. The EC also provided the associated Microbiological Monitoring of Bivalve Mollusc Harvesting Areas Guide to Good Practice: Technical Application (Technical Application Guide) (Ref. 16), which provides implementation guidance for the Community Guide. FDA technical experts indicated that the Community Guide and the Technical Application Guide (“Guides”) would be satisfactory if they included additional controls specific for products coming to the United States. To address the U.S. proposal for more detailed guidance covering pollution source identification and the implementation of buffer zones around pollution sources, FDA and the EC formed a working group. In September 2013, this working group presented annexes addressing buffer zones to be added to the Guides (Refs. 5, 15, and 16).

    On the basis of this consultation, and on the agreement of the EC to add additional provisions to the Guides, we decided that the two Guides provided additional controls that would, if properly implemented, provide the same level of public health protection as U.S. controls. While the EC said that these Guides would be voluntary for EUMS, it affirmed that it would require their application in growing areas that would be authorized to export shellfish to the United States under a finding of equivalence and that it planned ultimately to require the use of the Guides by EUMS, including the additional growing area controls (Ref. 5).

    The Community Guide specifically prescribes additional guarantees that shellfish exported to the United States from the EU will have to meet. EUMS must ensure that shellfish originate from a specifically listed growing area; the listed growing area will be of permanent Class A status; and all aspects of the guidance set out in both Guides, including a full sanitary survey and the buffer zone requirements, will have been implemented for the listed growing areas prior to export to the United States. The Technical Application Guide sets specific sampling methodologies that must be followed. FDA and the EC identified priority growing areas within the Netherlands and Spain that would implement the two Guides' provisions and form the basis for FDA's onsite evaluation. FDA and the EC technical experts concluded that only growing areas fully implementing the two Guides would be permitted to export shellfish to the United States as a part of the equivalence determination (Ref. 17).

    2. Classification of Growing Areas Using Water Versus Shellfish Meat Testing

    In the United States, growing areas are classified as U.S. Approved, U.S. Conditionally Approved, U.S. Restricted, U.S. Conditionally Restricted, or U.S. Prohibited. Growing areas that are U.S. Approved include those areas where harvesting is permitted for direct marketing. Areas that are U.S. Conditionally Approved meet the criteria for the U.S. Approved classification, except under certain conditions (e.g., excessive rainfall) described in a management plan, in which case they are either closed to harvest or classified as U.S. Restricted. Management plans are formulated by State shellfish authorities and establish the criteria that must be met for growing areas to remain U.S. Approved (NSSP Guide, Section IV, Chapter II .05) (Ref. 2). Areas that are U.S. Restricted allow harvesting by special license only of shellstock that are subjected to a suitable and effective post-harvest treatment process through depuration or relaying. Depuration is the process of reducing pathogenic organisms that may be present in shellstock by using a controlled aquatic environment as a treatment process. Relaying means transferring shellstock from a growing area classified as U.S. Restricted to a growing area classified as U.S. Approved or U.S. Conditionally Approved for the purpose of reducing pathogens. Areas that are U.S. Conditionally Restricted are considered U.S. Restricted except under certain conditions described in a management plan, in which case they are closed to harvest. Areas that are U.S. Prohibited are closed to all harvest.

    In contrast to FDA's approach of classifying shellfish growing waters based primarily on indicator levels of microorganisms measured in growing waters, the EC classifies its growing areas primarily based on the indicator levels measured in shellfish meats. The EC separates shellfish growing areas into Classes A, B, and C. Class A growing areas are approved for the harvesting of shellfish for direct human consumption. Shellfish harvested from Class B and Class C growing areas are treated in a purification center or relayed so as to meet EU health standards. Shellfish from unclassified areas may not be harvested for human consumption (Ref. 18). Although the classification approach is different, both systems use complex decisional rules based on levels of indicator microorganisms to determine how shellfish from the growing area may be used.

    In September 2010, FDA provided initial results of a statistical analysis and model relating to the comparison of shellfish meat versus water testing as the means for providing assurances as to the safety of shellfish (Ref. 13), after which the EC provided additional microbiological and site information data. Following further statistical analysis, FDA's technical experts concluded that the EU's system of growing area classification provided a level of protection equivalent to that of the United States, as long as the shellfish was from EC Class A growing areas. The report of the statistical analysis, entitled FDA Evaluation of EU and US Microbiological Standards Used for Classifying Shellfish Growing Areas, concluded that, “For comparisons made using E. coli [Escherichia coli] standards prescrib