Federal Register Vol. 83, No.50,

Federal Register Volume 83, Issue 50 (March 14, 2018)

Page Range11129-11394
FR Document

83_FR_50
Current View
Page and SubjectPDF
83 FR 11393 - Continuation of the National Emergency With Respect to IranPDF
83 FR 11146 - Satellite CommunicationsPDF
83 FR 11145 - Drawbridge Operations RegulationsPDF
83 FR 11143 - Revised Medical Criteria for Evaluating Cancer (Malignant Neoplastic Diseases)PDF
83 FR 11251 - Notice of Sunshine Act Meeting CancellationPDF
83 FR 11242 - Sport Fishing and Boating Partnership Council MeetingPDF
83 FR 11201 - Notice of Agreement FiledPDF
83 FR 11189 - Proposed Collection; Comment RequestPDF
83 FR 11189 - Privacy Act of 1974; System of RecordsPDF
83 FR 11243 - Public Meeting of the National Geospatial Advisory CommitteePDF
83 FR 11188 - Proposed Collection; Comment RequestPDF
83 FR 11164 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic FisheriesPDF
83 FR 11227 - Final Flood Hazard DeterminationsPDF
83 FR 11235 - Final Flood Hazard DeterminationsPDF
83 FR 11223 - Final Flood Hazard DeterminationsPDF
83 FR 11234 - Final Flood Hazard DeterminationsPDF
83 FR 11146 - Fisheries Off West Coast States; Highly Migratory Fisheries; California Drift Gillnet Fishery; Implementation of a Federal Limited Entry Drift Gillnet PermitPDF
83 FR 11187 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Administrative MattersPDF
83 FR 11248 - Notice of Lodging of Proposed Modification to Consent Decree Under The Clean Air ActPDF
83 FR 11185 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Construction and Architect-Engineer ContractsPDF
83 FR 11247 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability ActPDF
83 FR 11226 - Final Flood Hazard DeterminationsPDF
83 FR 11228 - Changes in Flood Hazard DeterminationsPDF
83 FR 11225 - Proposed Flood Hazard DeterminationsPDF
83 FR 11233 - Agency Information Collection Activities: Submission for OMB Review; Comment Request; Application for Participation in the National Flood Insurance Program (NFIP)PDF
83 FR 11186 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Information Collection in Support of the DoD Acquisition Process (Various Miscellaneous Requirements)PDF
83 FR 11213 - Privacy Act of 1974; System of RecordsPDF
83 FR 11184 - Science Advisory Board (SAB); Public Meeting of the NOAA Science Advisory BoardPDF
83 FR 11221 - Laboratory Animal Welfare: Coordination and Harmonization of Regulations and PoliciesPDF
83 FR 11219 - Submission for OMB Review; 30-Day Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (NIH)PDF
83 FR 11266 - Submission for OMB Review; Comment RequestPDF
83 FR 11262 - Submission for OMB Review; Comment RequestPDF
83 FR 11146 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota TransferPDF
83 FR 11261 - Submission for OMB Review; Comment RequestPDF
83 FR 11153 - Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of AlaskaPDF
83 FR 11275 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Withdrawal of a Proposed Rule Change, as Modified by Amendment No. 2, To List and Trade Shares of ProShares QuadPro Funds Under NYSE Arca Rule 8.200-EPDF
83 FR 11276 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing of Proposed Rule Change To Introduce the ATR Protection for Orders That Are Routed to Away MarketsPDF
83 FR 11259 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing of Proposed Rule Change To Introduce the ATR Protection for Orders That Are Routed to Away MarketsPDF
83 FR 11254 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing of Proposed Rule Change To Introduce the ATR Protection for Orders That Are Routed to Away MarketsPDF
83 FR 11281 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7600(c) To State That the Qualified Open Outcry (“QOO”) Order is Subject to the Trade-Through Exceptions Outlined in Rule 15010(b)PDF
83 FR 11283 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Delist the Shares of the iShares Edge U.S. Fixed Income Balanced Risk ETF From Listing Pursuant to Rule 14.11(i) and Approval Orders Issued by the Commission as a Series of Managed Fund Shares, and To Re-List Pursuant to Rule 14.11(c)(4) as a Series of Index Fund SharesPDF
83 FR 11264 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade Shares of a Series of the Cboe Vest S&P 500 Enhanced Growth Strategy ETF Under the ETF Series Solutions Trust Under Rule 14.11(c)(3), Index Fund SharesPDF
83 FR 11273 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade Shares of a Series of the Cboe Vest S&P 500 Buffer Protect Strategy ETF Under the ETF Series Solutions Trust Under Rule 14.11(c)(3), Index Fund SharesPDF
83 FR 11248 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Davis-Bacon Certified PayrollPDF
83 FR 11249 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Recordkeeping and Reporting Occupational Injuries and IllnessesPDF
83 FR 11170 - Forged Steel Fittings From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty DeterminationPDF
83 FR 11175 - Carbon and Alloy Steel Wire Rod From the Republic of South Africa and Ukraine: Antidumping Duty OrdersPDF
83 FR 11172 - Utility Scale Wind Towers From the Socialist Republic of Vietnam: Final Determination of No Shipments; Antidumping Duty Administrative Review; 2016-2017PDF
83 FR 11177 - Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015PDF
83 FR 11174 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty InvestigationPDF
83 FR 11207 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
83 FR 11170 - Foreign-Trade Zone (FTZ) 153-San Diego, California; Authorization of Production Activity; Plantronics, Inc. (Electronics/Telecommunications); San Diego, CaliforniaPDF
83 FR 11162 - Endangered and Threatened Wildlife and Plants; Removing the Black-Capped Vireo From the Federal List of Endangered and Threatened Wildlife; Availability of Post-Delisting Monitoring PlanPDF
83 FR 11184 - Western Pacific Fishery Management Council (Council); Public MeetingPDF
83 FR 11134 - Pistachios Grown in California, Arizona, and New Mexico; Decreased Assessment RatePDF
83 FR 11139 - Viruses, Serums, Toxins, and Analogous Products; Expiration Date Required for Serial and Subserials and Determination of Expiration Date of ProductPDF
83 FR 11247 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability ActPDF
83 FR 11169 - Notice of Public Meeting of the Indiana Advisory Committee to the U.S. Commission on Civil RightsPDF
83 FR 11289 - Toyota Motor Engineering & Manufacturing North America, Inc., Grant of Petition for Decision of Inconsequential NoncompliancePDF
83 FR 11168 - Submission for OMB Review; Comment RequestPDF
83 FR 11286 - Caltius Partners V (SBIC), L.P. License No. 09/09-0482; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of InterestPDF
83 FR 11152 - Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of AlaskaPDF
83 FR 11244 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
83 FR 11293 - Hazardous Materials: Notice of Applications for Special PermitsPDF
83 FR 11294 - Hazardous Materials: Notice of Applications for Special PermitsPDF
83 FR 11295 - Hazardous Materials: Notice of Applications for Special PermitsPDF
83 FR 11252 - Submission for Review: Marital Status Certification Survey, RI 25-7PDF
83 FR 11251 - Submission for Review: Verification of Who Is Getting Payments, RI 38-107 and RI 38-147, 3206-0197PDF
83 FR 11288 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TERN; Invitation for Public CommentsPDF
83 FR 11289 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PULPO; Invitation for Public CommentsPDF
83 FR 11287 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel OTIUM; Invitation for Public CommentsPDF
83 FR 11286 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHASING SUMMER; Invitation for Public CommentsPDF
83 FR 11288 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ARROW; Invitation for Public CommentsPDF
83 FR 11250 - Notice of Information CollectionPDF
83 FR 11208 - Sun Pharmaceutical Industries, Ltd., and Sun Pharma Global FZE; Withdrawal of Approval of Four Abbreviated New Drug ApplicationsPDF
83 FR 11208 - Patient-Focused Drug Development on Opioid Use Disorder; Public Meeting; Request for CommentsPDF
83 FR 11210 - M7(R1): Assessment and Control of Deoxyribonucleic Acid Reactive (Mutagenic) Impurities in Pharmaceuticals To Limit Potential Carcinogenic Risk; Guidance for Industry; AvailabilityPDF
83 FR 11206 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
83 FR 11144 - Medical Devices; Exemption From Premarket Notification; Class II Devices; Over-the-Counter Denture Repair KitPDF
83 FR 11143 - Medical Devices; Hematology and Pathology Devices; Classification of Lynch Syndrome Test Systems; CorrectionPDF
83 FR 11199 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
83 FR 11194 - Southern Star Central Gas Pipeline, Inc.; Notice of Technical ConferencePDF
83 FR 11192 - Pioneer Valley Renewables; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
83 FR 11195 - Notice of Membership of Performance Review Board for Senior ExecutivesPDF
83 FR 11198 - Transcontinental Gas Pipe Line Company, LLC; Notice of ApplicationPDF
83 FR 11193 - TransMontaigne Product Services LLC v. Colonial Pipeline Company; Notice of ComplaintPDF
83 FR 11192 - Notice of Attendance at the Colorado Public Utilities Commission's Fifth Commissioner Information MeetingPDF
83 FR 11193 - T.E.S. Filer City Station Limited Partnership; Notice of ApplicationPDF
83 FR 11194 - Elkton Acquisition Corp.; Notice of ApplicationPDF
83 FR 11196 - Commision Information Collection Activities (FERC-725Y), Comment Request; ExtensionPDF
83 FR 11198 - T.E.S. Filer City Station Limited Partnership; Consumers Energy Company; Notice of Petition for Declaratory OrderPDF
83 FR 11197 - Yellowstone Hydroelectric Project; Notice of Existing Licensee's Notice of Intent To Not File a Subsequent License Application, and Soliciting Pre-Application Documents and Notices of Intent To File a License ApplicationPDF
83 FR 11194 - NTE Carolinas, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
83 FR 11193 - Notice of Effectiveness of Exempt Wholesale Generator StatusPDF
83 FR 11198 - Alaska Gasline Development Corporation; Notice of Technical ConferencePDF
83 FR 11195 - Combined Notice of Filings #1PDF
83 FR 11245 - Certain Magnetic Data Storage Tapes and Cartridges Containing the Same; Notice of Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist OrdersPDF
83 FR 11178 - Request for Nominations for Members To Serve on National Institute of Standards and Technology Federal Advisory CommitteesPDF
83 FR 11240 - Intent To Request Renewal From OMB of One Current Public Collection of Information: Law Enforcement Officer (LEO) Reimbursement RequestPDF
83 FR 11236 - Extension of Agency Information Collection Activity Under OMB Review: Screening Partnership Program (SPP)PDF
83 FR 11236 - Enforcement Actions SummaryPDF
83 FR 11145 - FeesPDF
83 FR 11297 - Privacy Act of 1974; System of RecordsPDF
83 FR 11308 - Privacy Act of 1974; System of RecordsPDF
83 FR 11303 - Privacy Act of 1974; System of RecordsPDF
83 FR 11221 - National Institute of Arthritis and Musculoskeletal and Skin Diseases; Notice of Closed MeetingPDF
83 FR 11220 - National Human Genome Research Institute; Notice of Closed MeetingsPDF
83 FR 11222 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 11222 - Agency Information Collection Activities: Proposed Collection; Comment Request; Ready PSA Campaign Creative Testing ResearchPDF
83 FR 11252 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Transaction FeesPDF
83 FR 11262 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Transaction FeesPDF
83 FR 11269 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To List and Trade Shares of the Cboe Vest S&P 500® Premium Income ETF Under Rule 14.11(c)(5)PDF
83 FR 11267 - Self-Regulatory Organizations; New York Stock Exchange LLC; Order Approving Proposed Rule Change To Amend the Complimentary Products and Services Available to Certain Eligible New Listings Pursuant to Section 907.00 of the Exchange's Listed Company ManualPDF
83 FR 11256 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Eliminate the Fee for an Explained DecisionPDF
83 FR 11278 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 402, Criteria for Underlying SecuritiesPDF
83 FR 11269 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 402, Criteria for Underlying SecuritiesPDF
83 FR 11251 - Notice of Permits Issued Under the Antarctic Conservation Act of 1978PDF
83 FR 11240 - A75-HUD Central Accounting and Program System (HUDCAPS) Privacy Act of 1974; System of RecordsPDF
83 FR 11203 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
83 FR 11202 - Information Collection; Small Business Size Re-RepresentationPDF
83 FR 11201 - Information Collection; Material and WorkmanshipPDF
83 FR 11212 - Proposed Changes to the Graduate Psychology Education ProgramPDF
83 FR 11136 - Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order; Change in Producer Eligibility Requirements and Implementation of Charges for Past Due AssessmentsPDF
83 FR 11217 - Privacy Act of 1974; System of Records NoticePDF
83 FR 11154 - Clarification on Endorsement of Nuclear Energy Institute Guidance in Designing Digital Upgrades in Instrumentation and Control SystemsPDF
83 FR 11314 - National Emission Standards for Hazardous Air Pollutants: Leather Finishing Operations Residual Risk and Technology ReviewPDF
83 FR 11155 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Regulatory Amendments Addressing Reasonably Available Control Technology Requirements Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality StandardsPDF
83 FR 11129 - Civil Monetary Penalty Inflation Adjustment for 2018PDF
83 FR 11344 - Affordable Housing Program AmendmentsPDF

Issue

83 50 Wednesday, March 14, 2018 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11203-11206 2018-05067 Agricultural Marketing Agricultural Marketing Service RULES Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order: Change in Producer Eligibility Requirements and Implementation of Charges for Past Due Assessments, 11136-11139 2018-05063 Pistachios Grown in California, Arizona, and New Mexico: Decreased Assessment Rate, 11134-11135 2018-05144 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Animal and Plant Health Inspection Service

RULES Civil Monetary Penalty Inflation Adjustment, 11129-11134 2018-04832 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11168-11169 2018-05114 2018-05135
Animal Animal and Plant Health Inspection Service RULES Viruses, Serums, Toxins, and Analogous Products: Expiration Date Required for Analogous Products and Subserials and Determination of Expiration Date of Product, 11139-11143 2018-05143 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11206-11207 2018-05117 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11207 2018-05148 Civil Rights Civil Rights Commission NOTICES Meetings: Indiana Advisory Committee, 11169-11170 2018-05139 Coast Guard Coast Guard RULES Drawbridge Operations Regulations; CFR Correction, 11145 2018-05245 Commerce Commerce Department See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Matters, 11187-11188 2018-05185 Defense Federal Acquisition Regulation Supplement; Construction and Architect-Engineer Contracts, 11185-11186 2018-05183 Various Miscellaneous Requirements, 11186-11187 2018-05177 Defense Department Defense Department See

Defense Acquisition Regulations System

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11188-11189 2018-05192 2018-05196 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Material and Workmanship, 11201-11202 2018-05065 Small Business Size Re-representation, 11202-11203 2018-05066
Education Department Education Department NOTICES Privacy Act; Systems of Records, 11189-11192 2018-05195 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Reasonably Available Control Technology Requirements under 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 11155-11162 2018-04933 National Emission Standards for Hazardous Air Pollutants: Leather Finishing Operations Residual Risk and Technology Review, 11314-11341 2018-04939 Federal Communications Federal Communications Commission RULES Satellite Communications; CFR Correction, 11146 2018-05247 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11199-11201 2018-05112 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in National Flood Insurance Program, 11233-11234 2018-05178 Ready PSA Campaign Creative Testing Research, 11222-11223 2018-05080 Flood Hazard Determinations, 11223-11232, 11234-11236 2018-05179 2018-05180 2018-05181 2018-05187 2018-05188 2018-05189 2018-05190 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11196-11197 2018-05102 Applications: Elkton Acquisition Corp., 11194-11195 2018-05104 T.E.S. Filer City Station Ltd. Partnership, 11193 2018-05105 Transcontinental Gas Pipe Line Co., LLC, 11198-11199 2018-05108 Combined Filings, 11195-11196 2018-05094 Complaints: TransMontaigne Product Services, LLC v. Colonial Pipeline Co., 11193-11194 2018-05107 Effectiveness of Exempt Wholesale Generator Status: State Edge Wind I, LLC, et al., 11193 2018-05096 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: NTE Carolinas, LLC, 11194 2018-05097 License Applications: Yellowstone Hydroelectric Project, 11197-11198 2018-05100 Meetings: Alaska Gasline Development Corp.; Technical Conference, 11198 2018-05095 Southern Star Central Gas Pipeline, Inc.; Technical Conference, 11194 2018-05111 Memberships: Performance Review Board, 11195 2018-05109 Permit Applications: Pioneer Valley Renewables, 11192 2018-05110 Petitions for Declaratory Orders:: T.E.S. Filer City Station Ltd. Partnership, Consumers Energy Co., 11198 2018-05101 Staff Attendances, 11192-11193 2018-05106 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Affordable Housing Program Amendments, 11344-11390 2018-04745 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 11201 2018-05198 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removing Black-Capped Vireo from Federal List of Endangered and Threatened Wildlife; Availability of Post-delisting Monitoring Plan, 11162-11164 2018-05146 NOTICES Meetings: Sport Fishing and Boating Partnership Council, 11242-11243 2018-05199 Food and Drug Food and Drug Administration RULES Medical Devices: Exemption from Premarket Notification; Class II Devices; Over-the-Counter Denture Repair Kit, 11144-11145 2018-05116 Hematology and Pathology Devices; Classification of Lynch Syndrome Test Systems; Correction, 11143-11144 2018-05115 NOTICES Guidance: Assessment and Control of Deoxyribonucleic Acid Reactive (Mutagenic) Impurities in Pharmaceuticals to Limit Potential Carcinogenic Risk, 11210-11212 2018-05118 Meetings: Patient-Focused Drug Development on Opioid Use Disorder, 11208-11210 2018-05119 New Drug Applications: Sun Pharmaceutical Industries, Ltd., and Sun Pharma Global FZE; Withdrawal of Approval, 11208 2018-05120 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: Plantronics, Inc.; Foreign-Trade Zone 153; San Diego, CA, 11170 2018-05147 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Material and Workmanship, 11201-11202 2018-05065 Small Business Size Re-representation, 11202-11203 2018-05066 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 11243-11244 2018-05193 Health and Human Health and Human Services Department See

Agency for Healthcare Research and Quality

See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

NOTICES Privacy Act; Systems of Records, 11213-11219 2018-05062 2018-05176
Health Resources Health Resources and Services Administration NOTICES Proposed Changes to Graduate Psychology Education Program, 11212-11213 2018-05064 Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

See

Transportation Security Administration

Housing Housing and Urban Development Department NOTICES Privacy Act; Systems of Records, 11240-11242 2018-05070 Interior Interior Department See

Fish and Wildlife Service

See

Geological Survey

See

National Park Service

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Wire Rod from Republic of South Africa and Ukraine, 11175-11177 2018-05153 Forged Steel Fittings from the People's Republic of China, 11170-11172 2018-05154 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Republic of Turkey, 11174-11175 2018-05149 Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China, 11177-11178 2018-05150 Utility Scale Wind Towers from Socialist Republic of Vietnam, 11172-11174 2018-05151 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, 11245-11247 2018-05093 Justice Department Justice Department NOTICES Consent Decrees under the Clean Air Act, 11248 2018-05184 Proposed Consent Decrees under CERCLA, 11247-11248 2018-05140 2018-05182 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Davis-Bacon Certified Payroll, 11248-11249 2018-05158 Recordkeeping and Reporting Occupational Injuries and Illnesses, 11249-11250 2018-05157 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel ARROW, 11288 2018-05122 Vessel CHASING SUMMER, 11286-11287 2018-05123 Vessel OTIUM, 11287-11288 2018-05124 Vessel PULPO, 11289 2018-05125 Vessel TERN, 11288-11289 2018-05126 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11250-11251 2018-05121 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Material and Workmanship, 11201-11202 2018-05065 Small Business Size Re-representation, 11202-11203 2018-05066 National Archives National Archives and Records Administration RULES Fees, 11145-11146 2018-05088 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance; Approvals: Toyota Motor Engineering and Manufacturing North America, Inc., 11289-11293 2018-05136 National Institute National Institute of Standards and Technology NOTICES Requests for Nominations: Federal Advisory Committees, 11178-11184 2018-05092 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 11219-11220 2018-05172 Laboratory Animal Welfare: Coordination and Harmonization of Regulations and Policies, 11221 2018-05173 Meetings: Center for Scientific Review, 11222 2018-05082 National Human Genome Research Institute, 11220 2018-05083 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 11221-11222 2018-05084 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 610 in Gulf of Alaska, 11152-11153 2018-05133 Pollock in Statistical Area 630 in Gulf of Alaska, 11153 2018-05167 Fisheries of the Northeastern United States: Summer Flounder Fishery; Quota Transfer, 11146 2018-05169 Fisheries off West Coast States: Highly Migratory Fisheries; California Drift Gillnet Fishery; Implementation of Federal Limited Entry Drift Gillnet Permit, 11146-11152 2018-05186 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries, 11164-11167 2018-05191 NOTICES Meetings: Science Advisory Board, 11184 2018-05175 Western Pacific Fishery Management Council, 11184-11185 2018-05145 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 11244 2018-05132 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 11251 2018-05071 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 11251 2018-05239 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Clarification on Endorsement of Nuclear Energy Institute Guidance in Designing Digital Upgrades in Instrumentation and Control Systems, 11154-11155 2018-04958 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Marital Status Certification Survey, 11252 2018-05128 Verification of Who is Getting Payments, 11251-11252 2018-05127 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permit Applications, 11293-11297 2018-05129 2018-05130 2018-05131 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Iran; Continuation of National Emergency (Notice of March 12, 2018), 11391-11394 2018-05340 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11261-11262, 11266-11267 2018-05168 2018-05170 2018-05171 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 11281-11283 2018-05162 Cboe BYX Exchange, Inc., 11262-11264 2018-05078 Cboe BZX Exchange, Inc., 11252-11254, 11264-11266, 11269, 11273-11275, 11283-11286 2018-05077 2018-05079 2018-05159 2018-05160 2018-05161 Financial Industry Regulatory Authority, Inc., 11256-11259 2018-05075 Miami International Securities Exchange, LLC, 11278-11281 2018-05074 MIAX PEARL, LLC, 11269-11273 2018-05073 Nasdaq GEMX, LLC, 11259-11261 2018-05164 Nasdaq ISE, LLC, 11254-11256 2018-05163 Nasdaq MRX, LLC, 11276-11278 2018-05165 New York Stock Exchange, LLC, 11267-11269 2018-05076 NYSE Arca, Inc., 11275 2018-05166 Small Business Small Business Administration NOTICES Conflicts of Interest; Exemptions: Caltius Partners V (SBIC), L.P., 11286 2018-05134 Social Social Security Administration RULES Revised Medical Criteria for Evaluating Cancer (Malignant Neoplastic Diseases); CFR Correction, 11143 2018-05240 Transportation Department Transportation Department See

Maritime Administration

See

National Highway Traffic Safety Administration

See

Pipeline and Hazardous Materials Safety Administration

Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Law Enforcement Officer Reimbursement Request, 11240 2018-05091 Screening Partnership Program, 11236 2018-05090 Enforcement Actions Summary, 11236-11240 2018-05089 Veteran Affairs Veterans Affairs Department NOTICES Privacy Act; Systems of Records, 11297-11312 2018-05085 2018-05086 2018-05087 Separate Parts In This Issue Part II Environmental Protection Agency, 11314-11341 2018-04939 Part III Federal Housing Finance Agency, 11344-11390 2018-04745 Part IV Presidential Documents, 11391-11394 2018-05340 Reader Aids

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83 50 Wednesday, March 14, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 3 RIN 0510-AA04 Civil Monetary Penalty Inflation Adjustment for 2018 AGENCY:

Office of the Secretary, USDA.

ACTION:

Final rule.

SUMMARY:

This final rule amends the U.S. Department of Agriculture's (USDA) civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

DATES:

Effective March 14, 2018.

FOR FURTHER INFORMATION CONTACT:

Heather Self, Esq., OGC, USDA, Room 3311-S, 1400 Independence Avenue SW, Washington, DC 20250-1400, (202) 720-5840.

SUPPLEMENTARY INFORMATION: I. Background

On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act), to improve the effectiveness of CMPs and to maintain their deterrent effect. The 2015 Act requires agencies to adjust for inflation annually.

Previously, the Inflation Adjustment Act required agencies to adjust CMP levels every 4 years based on the percentage by which the Consumer Price Index (CPI) for the month of June of the prior calendar year exceeded the CPI for the month of June of the calendar year during which the last adjustment was made. The Inflation Adjustment Act also capped the increase for each adjustment at 10 percent and rounded the adjustment based on the size of the penalty (for example, multiple of $10 in the case of penalties less than or equal to $100). The rounding process meant that penalties would often not be increased at all if the inflation factor was not large enough. Furthermore, the cap on increases of 10 percent in tandem with the rounding meant that the formula over time caused penalties to lose value relative to total inflation. The 2015 Act updates these requirements by prescribing that agencies make annual adjustments for inflation based on the CPI for the month of October and round to the nearest dollar after an initial adjustment.

In order to eliminate the inconsistent changes caused by the prior method, the 2015 Act reset the inflation adjustment by excluding prior inflationary adjustments under the Inflation Adjustment Act, which contributed to a decline in the real value of penalty levels. To do this, the 2015 Act provided that the initial adjustment would be the percentage by which the CPI for the month of October 2015 exceeded that of the month of October of the calendar year during which the amount of the CMP was originally established or otherwise adjusted under a provision of law other than the Inflation Adjustment Act. While the 2015 Act does not provide a cap on adjustments going forward, the initial adjustment under the 2015 Act did limit large CMP increases by providing that no initial adjustments could exceed 150 percent of the amount of the CMP as of the date the 2015 Act was enacted, November 2, 2015.

USDA's initial adjustment under the 2015 Act was published in the Federal Register on December 5, 2017 at 82 FR 57331. This final rule constitutes USDA's annual inflation adjustment for 2018.

In addition, this rule moves the CMPs previously administered by the former Grain Inspection, Packers and Stockyards Administration (GIPSA) to the Agricultural Marketing Service (AMS). GIPSA's CMPs previously were codified at 7 CFR 3.91(b)(6); they now will be codified with AMS's CMPs at 7 CFR 3.91(b)(1). GIPSA's section of the regulations at 7 CFR 3.91(b)(6) will become a reserved section. This move is in accordance with the reorganization announced by the Secretary of Agriculture on November 14, 2017 via Secretary's Memorandum Number 1076-18, which eliminated GIPSA as a standalone agency within USDA, revoked the delegations of authority to the Administrator of GIPSA found at 7 CFR 2.81, and delegated to the Administrator of AMS those same authorities found at 7 CFR 2.81.

Secretary's Memorandum Number 1076-18 also moved responsibility for the United States Warehouse Act and its associated CMP, see 7 U.S.C. 254, from the Farm Service Agency (FSA) to AMS. In accordance with the Secretary's Memorandum this rule moves the United States Warehouse Act CMP previously codified with FSA's CMPs in 7 CFR 3.91(b)(9) to be codified with AMS' CMPs in 7 CFR 3.91(b)(1). Additionally, as the United States Warehouse Act CMP was the only CMP codified in FSA's section. Accordingly, FSA's section of the regulations at 7 CFR 3.91(b)(9) will become a reserved section.

Lastly, this rule amends the maximum monetary penalty amounts imposed by the Animal and Plant Health Inspection Service (APHIS) for violating the Endangered Species Act of 1973 (ESA) and the Lacey Act Amendments of 1981 (Lacey Act), to be consistent with the inflationary adjustments established by the Department of the Interior, Fish and Wildlife Service (FWS). APHIS and FWS have joint jurisdiction over ESA and Lacey Act provisions that involve the importation and exportation of plants, and any violation thereof will be subject to the same maximum penalty, regardless of which agency institutes an enforcement action.

II. CMPs Affected by This Final Rule

Several USDA agencies administer laws that provide for the imposition of CMPs being adjusted by this final rule. Those agencies are:

(1) Agricultural Marketing Service;

(2) Animal and Plant Health Inspection Service;

(3) Food and Nutrition Service;

(4) Food Safety and Inspection Service;

(5) Forest Service;

(6) Federal Crop Insurance Corporation;

(7) Rural Housing Service,

(8) Commodity Credit Corporation, and

(9) Office of the Secretary.

The CMPs in this final rule are listed according to the applicable administering agency. The CMPs previously administered by GIPSA and FSA are now found in the section applicable to AMS.

III. Waiver of Proposed Rulemaking

In developing this final rule, we are waiving the usual notice of proposed rulemaking and public comment procedures contained in 5 U.S.C. 553. We have determined that, under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule. Specifically the rulemaking comports with and is consistent with the statutory authority required by Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as amended, with no issue of policy discretion. Accordingly, we have determined that opportunity for prior comment is unnecessary and contrary to the public interest, and we are issuing this revised regulation as a final rule that will apply to all future cases.

IV. Procedural Requirements Executive Order 12866

The Office of Management and Budget (OMB) has determined that this regulatory action does not meet the criteria for significant regulatory action pursuant to Executive Order 12866, Regulatory Planning and Review. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017).

As indicated above, the provisions of this final rulemaking contain inflation adjustments in compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The great majority of individuals, organizations, and entities participating in the programs affected by this regulation do not engage in prohibited activities and practices that would result in civil monetary penalties being incurred. Accordingly, we believe that any aggregate economic impact of this revised regulation will be minimal, affecting only the limited number of program participants that may engage in prohibited behavior in violation of the statutes.

Regulatory Flexibility Act

The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis (5 U.S.C. 603, 604) are not applicable to this final rule because USDA was not required to publish notice of proposed rulemaking under 5 U.S.C. 553 or any other law. Accordingly, a regulatory flexibility analysis is not required.

Paperwork Reduction Act

This final rule imposes no new reporting or recordkeeping requirements necessitating clearance by OMB.

List of Subjects in 7 CFR Part 3

Administrative practice and procedure, Debt management, Penalties.

For the reasons set forth in the preamble, amend 7 CFR part 3 as follows:

PART 3—DEBT MANAGEMENT Subpart I—Adjusted Civil Monetary Penalties 1. The authority citation for part 3, subpart I, continues to read as follows: Authority:

28 U.S.C. 2461 note.

2. Revise § 3.91(a)(1) and (2) and (b) to read as follows:
§ 3.91 Adjusted civil monetary penalties.

(a) * * *

(1) Adjustments. The Secretary will adjust the civil monetary penalties, listed in paragraph (b) of this section, to take account of inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as amended.

(2) Timing. Any increase in the dollar amount of a civil monetary penalty listed in paragraph (b) of this section applies only to violations occurring after March 14, 2018.

(b) Penalties—(1) Agricultural Marketing Service. (i) Civil penalty for improper record keeping codified at 7 U.S.C. 136i-1(d), has: A maximum of $923 in the case of the first offense, and a minimum of $1,795 in the case of subsequent offenses, except that the penalty will be less than $1,795 if the Secretary determines that the person made a good faith effort to comply.

(ii) Civil penalty for a violation of the unfair conduct rule under the Perishable Agricultural Commodities Act, in lieu of license revocation or suspension, codified at 7 U.S.C. 499b(5), has a maximum of $5,029.

(iii) Civil penalty for violation of the licensing requirements under the Perishable Agricultural Commodities Act, codified at 7 U.S.C. 499c(a), has a maximum of $1,605 for each such offense and not more than $401 for each day it continues, or a maximum of $401 for each offense if the Secretary determines the violation was not willful.

(iv) Civil penalty in lieu of license suspension under the Perishable Agricultural Commodities Act, codified at 7 U.S.C. 499h(e), has a maximum penalty of $3,209 for each violative transaction or each day the violation continues.

(v) Civil penalty for a violation of the Export Apple Act, codified at 7 U.S.C. 586, has a minimum of $147 and a maximum of $14,665.

(vi) Civil penalty for a violation of the Export Grape and Plum Act, codified at 7 U.S.C. 596, has a minimum of $281 and a maximum of $28,061.

(vii) Civil penalty for a violation of an order issued by the Secretary under the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, codified at 7 U.S.C. 608c(14)(B), has a maximum of $2,806. Each day the violation continues is a separate violation.

(viii) Civil penalty for failure to file certain reports under the Agricultural Adjustment Act, reenacted by the Agricultural Marketing Agreement Act of 1937, codified at 7 U.S.C. 610(c), has a maximum of $281.

(ix) Civil penalty for a violation of a seed program under the Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of $96 and a maximum of $1,913.

(x) Civil penalty for failure to collect any assessment or fee for a violation of the Cotton Research and Promotion Act, codified at 7 U.S.C. 2112(b), has a maximum of $2,806.

(xi) Civil penalty for failure to pay, collect, or remit any assessment or fee for a violation of a program under the Potato Research and Promotion Act, codified at 7 U.S.C. 2621(b)(1), has a minimum of $1,257 and a maximum of $12,570.

(xii) Civil penalty for failure to obey a cease and desist order under the Potato Research and Promotion Act, codified at 7 U.S.C. 2621(b)(3), has a maximum of $1,257. Each day the violation continues is a separate violation.

(xiii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Egg Research and Consumer Information Act, codified at 7 U.S.C. 2714(b)(1), has a minimum of $1,454 and a maximum of $14,544.

(xiv) Civil penalty for failure to obey a cease and desist order under the Egg Research and Consumer Information Act, codified at 7 U.S.C. 2714(b)(3), has a maximum of $1,454. Each day the violation continues is a separate violation.

(xv) Civil penalty for failure to remit any assessment or fee or for a violation of a program under the Beef Research and Information Act, codified at 7 U.S.C. 2908(a)(2), has a maximum of $11,346.

(xvi) Civil penalty for failure to remit any assessment or for a violation of a program regarding wheat and wheat foods research, codified at 7 U.S.C. 3410(b), has a maximum of $2,806.

(xvii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Floral Research and Consumer Information Act, codified at 7 U.S.C. 4314(b)(1), has a minimum of $1,320 and a maximum of $13,205.

(xviii) Civil penalty for failure to obey a cease and desist order under the Floral Research and Consumer Information Act, codified at 7 U.S.C. 4314(b)(3), has a maximum of $1,320. Each day the violation continues is a separate violation.

(xix) Civil penalty for violation of an order under the Dairy Promotion Program, codified at 7 U.S.C. 4510(b), has a maximum of $2,442.

(xx) Civil penalty for pay, collect, or remit any assessment or fee or for a violation of the Honey Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 4610(b)(1), has a minimum of $752 and a maximum of $7,520.

(xxi) Civil penalty for failure to obey a cease and desist order under the Honey Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 4610(b)(3), has a maximum of $752. Each day the violation continues is a separate violation.

(xxii) Civil penalty for a violation of a program under the Pork Promotion, Research, and Consumer Information Act of 1985, codified at 7 U.S.C. 4815(b)(1)(A)(i), has a maximum of $2,269.

(xxiii) Civil penalty for failure to obey a cease and desist order under the Pork Promotion, Research, and Consumer Information Act of 1985, codified at 7 U.S.C. 4815(b)(3)(A), has a maximum of $1,135. Each day the violation continues is a separate violation.

(xxiv) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Watermelon Research and Promotion Act, codified at 7 U.S.C. 4910(b)(1), has a minimum of $1,135 and a maximum of $11,346.

(xxv) Civil penalty for failure to obey a cease and desist order under the Watermelon Research and Promotion Act, codified at 7 U.S.C. 4910(b)(3), has a maximum of $1,135. Each day the violation continues is a separate violation.

(xxvi) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Pecan Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(c)(1), has a minimum of $1,848 and a maximum of $18,477.

(xxvii) Civil penalty for failure to obey a cease and desist order under the Pecan Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(e), has a maximum of $1,848.

(xxviii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Mushroom Promotion, Research, and Consumer Information Act of 1990, codified at 7 U.S.C. 6107(c)(1), has a minimum of $898 and a maximum of $8,977.

(xxix) Civil penalty for failure to obey a cease and desist order under the Mushroom Promotion, Research, and Consumer Information Act of 1990, codified at 7 U.S.C. 6107(e), has a maximum of $898. Each day the violation continues is a separate violation.

(xxx) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of the Lime Research, Promotion, and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(c)(1), has a minimum of $898 and a maximum of $8,977.

(xxxi) Civil penalty for failure to obey a cease and desist order under the Lime Research, Promotion, and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(e), has a maximum of $898. Each day the violation continues is a separate violation.

(xxxii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Soybean Promotion, Research, and Consumer Information Act, codified a 7 U.S.C. 6307(c)(1)(A), has a maximum of $1,848.

(xxxiii) Civil penalty for failure to obey a cease and desist order under the Soybean Promotion, Research, and Consumer Information Act, codified at 7 U.S.C. 6307(e), has a maximum of $9,239. Each day the violation continues is a separate violation.

(xxxiv) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Fluid Milk Promotion Act of 1990, codified at 7 U.S.C. 6411(c)(1)(A), has a minimum of $898 and a maximum of $8,977, or in the case of a violation that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of $17,952 and a maximum of $179,522.

(xxxv) Civil penalty for failure to obey a cease and desist order under the Fluid Milk Promotion Act of 1990, codified at 7 U.S.C. 6411(e), has a maximum of $9,239. Each day the violation continues is a separate violation.

(xxxvi) Civil penalty for knowingly labeling or selling a product as organic except in accordance with the Organic Foods Production Act of 1990, codified at 7 U.S.C. 6519(c), has a maximum of $17,952.

(xxxvii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, codified at 7 U.S.C. 6808(c)(1)(A)(i), has a minimum of $847 and a maximum of $8,464.

(xxxviii) Civil penalty for failure to obey a cease and desist order under the Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, codified at 7 U.S.C. 6808(e)(1), has a maximum of $8,464. Each day the violation continues is a separate violation.

(xxxix) Civil penalty for a violation of a program under the Sheep Promotion, Research, and Information Act of 1994, codified at 7 U.S.C. 7107(c)(1)(A), has a maximum of $1,650.

(xl) Civil penalty for failure to obey a cease and desist order under the Sheep Promotion, Research, and Information Act of 1994, codified at 7 U.S.C. 7107(e), has a maximum of $824. Each day the violation continues is a separate violation.

(xli) Civil penalty for a violation of an order or regulation issued under the Commodity Promotion, Research, and Information Act of 1996, codified at 7 U.S.C. 7419(c)(1), has a minimum of $1,558 and a maximum of $15,582 for each violation.

(xlii) Civil penalty for failure to obey a cease and desist order under the Commodity Promotion, Research, and Information Act of 1996, codified at 7 U.S.C. 7419(e), has a minimum of $1,558 and a maximum of $15,582. Each day the violation continues is a separate violation.

(xliii) Civil penalty for a violation of an order or regulation issued under the Canola and Rapeseed Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7448(c)(1)(A)(i), has a maximum of $1,558 for each violation.

(xliv) Civil penalty for failure to obey a cease and desist order under the Canola and Rapeseed Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7448(e), has a maximum of $7,791. Each day the violation continues is a separate violation.

(xlv) Civil penalty for violation of an order or regulation issued under the National Kiwifruit Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7468(c)(1), has a minimum of $780 and a maximum of $7,791 for each violation.

(xlvi) Civil penalty for failure to obey a cease and desist order under the National Kiwifruit Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7468(e), has a maximum of $780. Each day the violation continues is a separate violation.

(xlvii) Civil penalty for a violation of an order or regulation under the Popcorn Promotion, Research, and Consumer Information Act, codified at 7 U.S.C. 7487(a), has a maximum of $1,558 for each violation.

(xlviii) Civil penalty for certain violations under the Egg Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of $8,977 for each violation.

(xlix) Civil penalty for violation of an order or regulation issued under the Hass Avocado Promotion, Research, and Information Act of 2000, codified at 7 U.S.C. 7807(c)(1)(A)(i), has a minimum of $1,417 and a maximum of $14,177 for each violation.

(l) Civil penalty for failure to obey a cease and desist order under the Hass Avocado Promotion, Research, and Information Act of 2000, codified at 7 U.S.C. 7807(e)(1), has a maximum of $14,177 for each offense. Each day the violation continues is a separate violation.

(li) Civil penalty for violation of certain provisions of the Livestock Mandatory Reporting Act of 1999, codified a 7 U.S.C. 1636b(a)(1), has a maximum of $14,665 for each violation.

(lii) Civil penalty for failure to obey a cease and desist order under the Livestock Mandatory Reporting Act of 1999, codified a 7 U.S.C. 1636b(g)(3), has a maximum of $14,665 for each violation. Each day the violation continues is a separate violation.

(liii) Civil penalty for failure to obey an order of the Secretary issued pursuant to the Dairy Product Mandatory Reporting program, codified at 7 U.S.C. 1637b(c)(4)(D)(iii), has a maximum of $14,177 for each offense.

(liv) Civil penalty for a willful violation of the Country of Origin Labeling program by a retailer or person engaged in the business of supplying a covered commodity to a retailer, codified at 7 U.S.C. 1638b(b)(2), has a maximum of $1,139 for each violation.

(lv) Civil penalty for violations of the Dairy Research Program, codified at 7 U.S.C. 4535 & 4510(b), has a maximum of $2,442 for each violation.

(lvi) Civil penalty for a packer or swine contractor violation, codified at 7 U.S.C. 193(b), has a maximum of $28,061.

(lvii) Civil penalty for a livestock market agency or dealer failure to register, codified at 7 U.S.C. 203, has a maximum of $1,913 and not more than $96 for each day the violation continues.

(lviii) Civil penalty for operating without filing, or in violation of, a stockyard rate schedule, or of a regulation or order of the Secretary made thereunder, codified at 7 U.S.C. 207(g), has a maximum of $1,913 and not more than $96 for each day the violation continues.

(lix) Civil penalty for a stockyard owner, livestock market agency, or dealer, who engages in or uses any unfair, unjustly discriminatory, or deceptive practice or device in connection with determining whether persons should be authorized to operate at the stockyards, or with receiving, marketing, buying, or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing, or handling of livestock, codified at 7 U.S.C. 213(b), has a maximum of $28,061.

(lx) Civil penalty for a stockyard owner, livestock market agency, or dealer, who knowingly fails to obey any order made under the provisions of 7 U.S.C. 211, 212, or 213, codified at 7 U.S.C. 215(a), has a maximum of $1,913.

(lxi) Civil penalty for live poultry dealer violations, codified at 7 U.S.C. 228b-2(b), has a maximum of $81,633.

(lxii) Civil penalty for a violation, codified at 7 U.S.C. 86(c), has a maximum of $274,235.

(lxiii) Civil penalty for failure to comply with certain provisions of the U.S. Warehouse Act, codified at 7 U.S.C. 254, has a maximum of $35,440 per violation if an agricultural product is not involved in the violation.

(2) Animal and Plant Health Inspection Service. (i) Civil penalty for a violation of the imported seed provisions of the Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of $96 and a maximum of $1,913.

(ii) Civil penalty for a violation of the Animal Welfare Act, codified at 7 U.S.C. 2149(b), has a maximum of $11,390, and knowing failure to obey a cease and desist order has a civil penalty of $1,708.

(iii) Civil penalty for any person that causes harm to, or interferes with, an animal used for the purposes of official inspection by the Department, codified at 7 U.S.C. 2279e(a), has a maximum of $14,177.

(iv) Civil penalty for a violation of the Swine Health Protection Act, codified at 7 U.S.C. 3805(a), has a maximum of $28,061.

(v) Civil penalty for any person that violates the Plant Protection Act (PPA), or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in the PPA, codified a 7 U.S.C. 7734(b)(1), has a maximum of the greater of: $70,881 in the case of any individual (except that the civil penalty may not exceed $1,417 in the case of an initial violation of the PPA by an individual moving regulated articles not for monetary gain), $354,402 in the case of any other person for each violation, $569,468 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,138,937 for all violations adjudicated in a single proceeding if the violations include a willful violation; or twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized us, defacing, or destruction of a certificate, permit, or other document provided for in the PPA that results in the person deriving pecuniary gain or causing pecuniary loss to another.

(vi) Civil penalty for any person (except as provided in 7 U.S.C. 8309(d)) that violates the Animal Health Protection Act (AHPA), or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under the AHPA, codified at 7 U.S.C. 8313(b)(1), has a maximum of the greater of: $68,027 in the case of any individual, except that the civil penalty may not exceed $1,360 in the case of an initial violation of the AHPA by an individual moving regulated articles not for monetary gain, $340,131 in the case of any other person for each violation, $569,468 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,138,937 for all violations adjudicated in a single proceeding if the violations include a willful violation; or twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided under the AHPA that results in the person's deriving pecuniary gain or causing pecuniary loss to another person.

(vii) Civil penalty for any person that violates certain regulations under the Agricultural Bioterrorism Protection Act of 2002 regarding transfers of listed agents and toxins or possession and use of listed agents and toxins, codified at 7 U.S.C. 8401(i)(1), has a maximum of $340,131 in the case of an individual and $680,262 in the case of any other person.

(viii) Civil penalty for violation of the Horse Protection Act, codified at 15 U.S.C. 1825(b)(1), has a maximum of $5,612.

(ix) Civil penalty for failure to obey Horse Protection Act disqualification, codified at 15 U.S.C. 1825(c), has a maximum of $10,969.

(x) Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any provision of the Endangered Species Act of 1973, any permit or certificate issued thereunder, or any regulation issued pursuant to section 9(a)(1)(A) through (F), (a)(2)(A) through (D), (c), (d) (other than regulations relating to record keeping or filing reports), (f), or (g), as set forth at 16 U.S.C. 1540(a)(1), has a maximum of $51,302 for each violation.

(xi) Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any other regulation under the Endangered Species Act of 1973, as set forth at 16 U.S.C. 1540(a)(1), has a maximum of $24,625 for each violation.

(xii) Civil penalty for violating, with respect to terrestrial plants, the Endangered Species Act of 1973, or any regulation, permit, or certificate issued thereunder, as set forth at 16 U.S.C. 1540(a)(1), has a maximum of $1,296 for each violation.

(xiii) Civil penalty for knowingly and willfully violating 49 U.S.C. 80502 with respect to the transportation of animals by any rail carrier, express carrier, or common carrier (except by air or water), a receiver, trustee, or lessee of one of those carriers, or an owner or master of a vessel, codified at 49 U.S.C. 80502(d), has a minimum of $165 and a maximum of $824.

(xiv) Civil penalty for a violation of the Commercial Transportation of Equine for Slaughter Act, 7 U.S.C. 1901 note, and its implementing regulations in 9 CFR part 88, as set forth in 9 CFR 88.6, has a maximum of $5000. Each horse transported in violation of Part 88 is a separate violation.

(xv) Civil penalty for knowingly violating section 3(d) or 3(f) of the Lacey Act Amendments of 1981, or for violating any other provision provided that, in the exercise of due care, the violator should have known that the plant was taken, possessed, transported, or sold in violation of any underlying law, treaty, or regulation, has a maximum of $25,928 for each violation, as set forth at 16 U.S.C. 3373(a)(1) (but if the plant has a market value of less than $350, and involves only the transportation, acquisition, or receipt of a plant taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law, any foreign law, or any law or regulation of any State, the penalty shall not exceed the maximum provided for violation of said law, treaty, or regulation, or $25,928, whichever is less).

(xvi) Civil penalty for violating section 3(f) of the Lacey Act Amendments of 1981, as set forth at 16 U.S.C. 3373(a)(2), has a maximum of $648.

(3) Food and Nutrition Service. (i) Civil penalty for violating a provision of the Food and Nutrition Act of 2008 (Act), or a regulation under the Act, by a retail food store or wholesale food concern, codified at 7 U.S.C. 2021(a) and (c), has a maximum of $113,894 for each violation.

(ii) Civil penalty for trafficking in food coupons, codified at 7 U.S.C. 2021(b)(3)(B), has a maximum of $41,042 for each violation, except that the maximum penalty for violations occurring during a single investigation is $73,906.

(iii) Civil penalty for the sale of firearms, ammunitions, explosives, or controlled substances for coupons, codified at 7 U.S.C. 2021(b)(3)(C), has a maximum of $36,953 for each violation, except that the maximum penalty for violations occurring during a single investigation is $73,906.

(iv) Civil penalty for any entity that submits a bid to supply infant formula to carry out the Special Supplemental Nutrition Program for Women, Infants and Children and discloses the amount of the bid, rebate, or discount practices in advance of the bid opening or for any entity that makes a statement prior to the opening of bids for the purpose of influencing a bid, codified at 42 U.S.C. 1786(h)(8)(H)(i), has a maximum of $173,951,364.

(v) Civil penalty for a vendor convicted of trafficking in food instruments, codified at 42 U.S.C. 1786(o)(1)(A) and 42 U.S.C. 1786(o)(4)(B), has a maximum of $15,041 for each violation, except that the maximum penalty for violations occurring during a single investigation is $60,161.

(vi) Civil penalty for a vendor convicted of selling firearms, ammunition, explosive, or controlled substances in exchange for food instruments, codified at 42 U.S.C. 1786(o)(1)(B) and 42 U.S.C. 1786(o)(4)(B), has a maximum of $15,041 for each violation, except that the maximum penalty for violations occurring during a single investigation is $60,161.

(4) Food Safety and Inspection Service. (i) Civil penalty for certain violations under the Egg Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of $8,977 for each violation.

(ii) [Reserved]

(5) Forest Service. (i) Civil penalty for willful disregard of the prohibition against the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(1)(A), has a maximum of $923,831 per violation or three times the gross value of the unprocessed timber, whichever is greater.

(ii) Civil penalty for a violation in disregard of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(i), has a maximum of $138,575 per violation.

(iii) Civil penalty for a person that should have known that an action was a violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(ii), has a maximum of $92,383 per violation.

(iv) Civil penalty for a willful violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(iii), has a maximum of $923,831.

(v) Civil penalty for a violation involving protections of caves, codified at 16 U.S. C. 4307(a)(2), has a maximum of $20,191.

(6) [Reserved]

(7) Federal Crop Insurance Corporation. (i) Civil penalty for any person who willfully and intentionally provides any false or inaccurate information to the Federal Crop Insurance Corporation or to an approved insurance provider with respect to any insurance plan or policy that is offered under the authority of the Federal Crop Insurance Act, or who fails to comply with a requirement of the Federal Crop Insurance Corporation, codified at 7 U.S.C. 1515(h)(3)(A), has a maximum of the greater of: the amount of the pecuniary gain obtained as a result of the false or inaccurate information or the noncompliance; or $11,984.

(ii) [Reserved]

(8) Rural Housing Service. (i) Civil penalty for a violation of section 536 of Title V of the Housing Act of 1949, codified at 42 U.S.C. 1490p(e)(2), has a maximum of $196,387 in the case of an individual, and a maximum of $1,963,870 in the case of an applicant other than an individual.

(ii) Civil penalty for equity skimming under section 543(a) of the Housing Act of 1949, codified at 42 U.S.C. 1490s(a)(2), has a maximum of $35,440.

(iii) Civil penalty under section 543b of the Housing Act of 1949 for a violation of regulations or agreements made in accordance with Title V of the Housing Act of 1949, by submitting false information, submitting false certifications, failing to timely submit information, failing to maintain real property in good repair and condition, failing to provide acceptable management for a project, or failing to comply with applicable civil rights statutes and regulations, codified at 42 U.S.C. 1490s(b)(3)(A), has a maximum of the greater of: twice the damages the Department, guaranteed lender, or project that is secured for a loan under Title V, suffered or would have suffered as a result of the violation; or $70,881 per violation.

(9) [Reserved]

(10) Commodity Credit Corporation. (i) Civil penalty for willful failure or refusal to furnish information, or willful furnishing of false information under of section 156 of the Federal Agricultural Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,582 for each violation.

(ii) Civil penalty for willful failure or refusal to furnish information or willful furnishing of false data by a processor, refiner, or importer of sugar, syrup and molasses under section 156 of the Federal Agriculture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,582 for each violation.

(iii) Civil penalty for filing a false acreage report that exceeds tolerance under section 156 of the Federal Agriculture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,582 for each violation.

(iv) Civil penalty for knowingly violating any regulation of the Secretary of the Commodity Credit Corporation pertaining to flexible marketing allotments for sugar under section 359h(b) of the Agricultural Adjustment Act of 1938, codified at 7 U.S.C. 1359hh(b), has a maximum of $11,390 for each violation.

(v) Civil penalty for knowing violation of regulations promulgated by the Secretary pertaining to cotton insect eradication under section 104(d) of the Agricultural Act of 1949, codified at 7 U.S.C. 1444a(d), has a maximum of $14,031 for each offense.

(11) Office of the Secretary. (i) Civil penalty for making, presenting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent claim as defined under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(1), has a maximum of $11,182.

(ii) Civil penalty for making, presenting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent written statement as defined under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(2), has a maximum of $11,182.

Dated: March 6, 2018. Stephen Censky, Deputy Secretary, U.S. Department of Agriculture.
[FR Doc. 2018-04832 Filed 3-13-18; 8:45 am] BILLING CODE 3410-90-P
DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 983 [Docket No. AMS-SC-17-0048; SC17-983-2 FIR] Pistachios Grown in California, Arizona, and New Mexico; Decreased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Final rule.

SUMMARY:

The Department of Agriculture adopts as final, without change, an interim rule that implemented a recommendation from the Administrative Committee for Pistachios (Committee) to decrease the assessment rate established for the 2017-18 and subsequent production years and administrative revisions to the subpart headings to bring the language into conformance with the Office of Federal Register requirements.

DATES:

Effective March 15, 2018.

FOR FURTHER INFORMATION CONTACT:

Peter Sommers, Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]

Small businesses may request information on complying with this and other marketing order regulations by viewing a guide at the following website: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]

SUPPLEMENTARY INFORMATION:

This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This rule is issued under Marketing Agreement and Order No. 983, both as amended (7 CFR part 983), regulating the handling of pistachios grown in California, Arizona, and New Mexico. Part 983 (referred to as the “Order”) is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Committee locally administers the Order and is comprised of growers and handlers of pistachios operating within the area of production, and a public member.

The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 13563 and 13175. This rule falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017).

Under the Order, pistachio handlers in California, Arizona, and New Mexico are subject to assessments, which provide funds to administer the Order. Assessment rates issued under the Order are intended to be applicable to all assessable pistachios for the entire production year, and continue indefinitely until amended, suspended, or terminated. The Committee's production year begins on September 1 and ends on August 31.

In an interim rule published in the Federal Register on October 24, 2017, and effective on October 24, 2017, (82 FR 49087, Doc No. AMS-SC-17-0048; SC17-983-2 IR), § 983.253 was amended by decreasing the assessment rate established for pistachios grown in California, Arizona, and New Mexico for the 2017-18 and subsequent production years from $0.0010 to $0.0001 per pound of assessed weight pistachios handled. The decreased assessment rate allows the Committee to maintain their financial reserve at the limit specified under the Order while providing adequate funding to meet program expenses.

Final Regulatory Flexibility Analysis

Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis.

The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf.

There are 18 handlers subject to regulation under the order and approximately 1,236 producers of pistachios in the production area. Small agricultural service firms are defined by the Small Business Administration as those having annual receipts of less than $7,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201).

Based on Committee data, it is estimated that about 50 percent of the handlers annually ship less than $7,500,000 worth of pistachios. Nine of the 18 (50 percent) regulated handlers received enough pistachios at an average price of $2.50 per pound to be considered large handlers, leaving the percentage of small handlers at 50 percent.

The National Agricultural Statistics Service (NASS) 2012 data on pistachio farm size indicates that there were 1,305 pistachio farms, of which 945, or 72 percent, were less than 100 acres. NASS 2016 annual production data indicates that the per-acre production of pistachios was 3,750 pounds. At an average value of $1.68 per pound, each acre of pistachios could return $6,300. In order for a producer to have $750,000 in annual receipts, the producer would have to have at least 119 acres. Thus, about half the handlers and a majority of the producers in the production area may be classified as small entities.

This rule continues in effect the interim rule that decreased the assessment rate established and collected from handlers for the 2017-18 and subsequent production years from $0.0010 to $0.0001 per pound of pistachios handled. The Committee unanimously recommended 2017-18 expenditures of $672,900, and recommended an assessment rate of $0.0001 per pound of assessed weight pistachios, by majority vote. The $0.0001 assessment rate is $0.0009 lower than the rate previously in effect. The quantity of assessable pistachios for the 2017-18 production year is estimated at 550 million pounds. Thus, the $0.0001 rate should provide $55,000 in assessment income. Income derived from handler's assessments, along with interest income, California Pistachio Research Board (CPRB) management income, and funds from the Committee's authorized reserve, will be adequate to cover expenses for the 2017-18 production year, while not adding to the financial reserve.

This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers.

Additionally, the Committee's meetings were widely publicized throughout the California, Arizona, and New Mexico pistachio industry, and all interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the July 10, 2017, and August 1, 2017, meetings were public meetings and all entities, both large and small, were able to express views on this issue.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0215, “Vegetable and Specialty Crop Marketing Orders.” No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval.

This action imposes no additional reporting or recordkeeping requirements on either small or large California, Arizona, and New Mexico pistachio handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies.

USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule.

Comments on the interim rule were required to be received on or before December, 26, 2017. No comments were received. Therefore, for reasons given in the interim rule, we are adopting the interim rule as a final rule, without change.

To view the interim rule, go to: https://www.regulations.gov/document?D=AMS-SC-17-0048.

This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, 13563, and 13771; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101).

After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (82 FR 49087 October 24, 2017) will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 983

Marketing agreements, Pistachios, Reporting and recordkeeping requirements.

PART 983—PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, AND NEW MEXICO Accordingly, the interim rule amending 7 CFR part 983, which was published at 82 FR 49087 on October 24, 2017, is adopted as final, without change. Dated: March 9, 2018. Bruce Summers, Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2018-05144 Filed 3-13-18; 8:45 am] BILLING CODE 3410-02-P
DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1212 [Document Number AMS-SC-16-0124] Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order; Change in Producer Eligibility Requirements and Implementation of Charges for Past Due Assessments AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Final rule.

SUMMARY:

This rule revises the eligibility requirements for producer representatives on the Honey Packers and Importers Board (Board) and prescribes late payment and interest charges on past due assessments under the Agricultural Marketing Service's (AMS) regulation regarding a national research and promotion program for honey and honey products. This rule reduces the minimum production requirement for producers to serve on the Board and thereby allow more producers to be eligible to serve on the Board. This rule also prescribes late payment and interest charges on past due assessments to help facilitate program administration.

DATES:

Effective Date: April 13, 2018.

FOR FURTHER INFORMATION CONTACT:

Sue Coleman, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (202)378-2569; facsimile: (202) 205-2800; or electronic mail: [email protected]

SUPPLEMENTARY INFORMATION:

This rule affecting 7 CFR part 1212 is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).

Executive Orders 12866, 13563, and 13771

Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules and promoting flexibility. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017).

Executive Order 13175

This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity.

Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling.

Background

This rule revises the eligibility requirements for producer representatives on the Board and prescribes late payment and interest charges on past due assessments under the Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order. The part is administered by the Board with oversight by USDA. Under the part, assessments are collected from first handlers and importers and used for research and promotion projects designed to maintain and expand the market for honey and honey products in the United States and abroad. This rule reduces the minimum production requirement for producers to serve on the Board from 150,000 to 50,000 pounds annually and thereby allow more producers to be eligible to serve on the Board. This rule also prescribes late payment and interest charges on past due assessments to help facilitate program administration. Both of these actions were unanimously recommended by the Board.

Producer Eligibility Requirements

Section 1212.46 of the part provides authority for the Board to recommend amendments to the part. Section 1212.40 of the part provides that the Board have ten members—three first handlers, two importers, one importer-handler, three producers, and one marketing cooperative representative. Currently, eligible producers must produce a minimum of 150,000 pounds of honey in the United States annually based on the best three-year average of the most recent five calendar years.

The Board has had difficulty over the past few years in identifying honey producers who meet the current eligibility requirement for production volume. U.S. honey production has decreased and fewer producers can meet the part's eligibility requirement. USDA's National Agricultural Statistics Service estimates U.S. honey production from producers with 5 or more colonies at 164 million pounds in 2008 1 and at 156 million pounds in 2015.2 The Board has been having difficulties identifying producer nominees who produce over the 150,000 pound threshold.

1 USDA, National Agricultural Statistics Service, Honey Final Estimates 2008-2012, September 2014, p. 4; http://usda.mannlib.cornell.edu/usda/nass/SB1039/sb1039.pdf.

2 USDA, National Agricultural Statistics Service, Honey, March 22, 2017, p. 2, http://usda.mannlib.cornell.edu/usda/current/Hone/Hone-03-22-2017.pdf.

Thus, the Board formed a subcommittee in October 2015 to review this issue. Over the following six months, the Board conducted outreach with beekeeping associations to gather input about the need and the level to reduce the annual production volume requirement for producers to serve on the Board. The recommendation from the associations to the subcommittee was that the minimum production requirement for producers be set at 50,000 pounds to increase the pool of eligible producers.

The Board met in April 2016 and unanimously recommended that the part's minimum production requirement for producers be reduced from 150,000 to 50,000 pounds. This should allow more producers to be eligible to serve on the Board. Section 1212.40 of the part is revised accordingly.

Charges on Past Due Assessments

Section 1212.52 of the part specifies that the Board will cover its expenses by levying an assessment on first handlers and importers. First handlers must pay their assessments to the Board on a monthly basis no later than the fifteenth day of the month following the month in which the honey or honey products were marketed. Importers must pay assessments to the Board on honey and honey products imported into the United States through the U.S. Customs and Border Protection (Customs). If Customs does not collect an assessment from an importer, the importer must pay the assessment directly to the Board.

The honey program also provides for two exemptions. Pursuant to § 1212.53, first handlers and importers who handle or import less than 250,000 pounds of honey or honey products annually, and first handlers and importers of organic honey and honey products are exempt from the payment of assessments.

Section 1212.52(g) of the part specifies that the Board shall impose a late payment charge on any first handler or importer who fails to pay their assessments to the Board on time. First handlers or importers subject to a late payment charge must also pay interest on the unpaid assessments for which they are liable. The late payment and interest charges must be prescribed in regulations issued by USDA.

Assessment funds are used by the Board for activities designed to benefit all industry members. Thus, it is important that all assessed entities pay their assessments in a timely manner. Entities who fail to pay their assessments on time would be able to reap the benefits of Board programs at the expense of others. In addition, they would be able to utilize funds for their own use that should otherwise be paid to the Board to finance Board programs.

Thus, the Board recommended that rates of late payment and interest charges for past due assessments be prescribed in the part's regulations. A late payment charge will be imposed upon first handlers and importers who fail to pay their assessments to the Board within 30 calendar days of the date when assessments are due. This one-time late payment charge will be 10 percent of the assessments due before interest charges have accrued.

Additionally, interest at a rate of 2/3 of 1 percent per month on the outstanding balance (which computes to an annual rate of 8 percent), including any late payment and accrued interest, will be added to any accounts for which payment has not been received within 30 calendar days of the date when assessments are due. Interest will continue to accrue monthly until the outstanding balance is paid to the Board.

This action is expected to help facilitate program administration by providing an incentive for entities to remit their assessments in a timely manner, with the intent of creating a fair and equitable process among all assessed entities. Accordingly, a new subpart C is added to the part's regulations regarding past due assessments, and a new § 1212.520 is added to subpart C.

Final Regulatory Flexibility Act Analysis

In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS is required to examine the impact of this rule on small entities. Accordingly, AMS has considered the economic impact of this action on such entities.

The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000, and small agricultural service firms (first handlers and importers) as those having annual receipts of no more than $7.5 million.

The Board reported that there are about 752 importers and 41 first handlers of honey and honey products covered under the program during the 2016 fiscal period. Seventeen out of the 41 first handlers (41 percent) and 25 out of the 752 importers (3 percent) accounted for 90 percent of the assessments in their respective categories. Total assessments for 2016 were $6.74 million, of which $1.75 million (26 percent) came from first handlers and $4.99 million (74 percent) was paid by importers. This data can be used to compute an estimate of average annual revenue from honey sales from each of these categories, which in turn helps to estimate the number of large and small first handlers and importers. As mentioned above, 17 first handlers account for 90 percent of the domestic assessments. Multiplying first handler assessments in 2016 of $1,750,155 by 0.9 and then dividing by 17 yields an average annual assessment of $92,655 for the first handlers in this category. Dividing this figure ($92,655) by the assessment rate of 1.5 cents per pound ($0.015) yields an average quantity per first handler of 6.177 million pounds. Multiplying 6.177 million pounds by the average 2016 U.S. domestic price of $2.08 per pound 3 yields an average, annual honey revenue per handler of $12.85 million, which is well above the SBA threshold of $7.5 million. It should be noted that this revenue estimate is based on the average price at the producer level, and the $12.85 million is an estimate of the total value at which the average size handler acquired the honey from producers. Therefore, most of the 17 first handlers that pay 90 percent of the domestic assessments are likely to be large firms according to the SBA definition.

3 USDA, NASS, Honey, March 22, 2017, p. 3, http://usda.mannlib.cornell.edu/usda/current/Hone/Hone-03-22-2017.pdf.

An equivalent computation can be made for the 25 importers who paid 90 percent of the $4,991,926 in assessments in 2016. Of the 25 importers, the average assessment per importer was $179,709. Dividing the average assessment per importer by the assessment rate of $0.015 per pound yields an average quantity per importer estimate of 11.981 million pounds.

For honey imports, the equivalent of the season average price for domestic honey is referred to as a “unit value.” The unit value of $1.24 per pound is computed by dividing annual imported honey value of $417.31 million by average quantity of 335.69 million pounds (import data from the Foreign Agricultural Service). Multiplying the $1.24 unit value by the average quantity of 11.981 million pounds yields average annual honey revenue per importer figure of $14.856 million, almost two times the SBA threshold figure of $7.5 million for a large firm. Therefore, the majority of the 25 importers that pay 90 percent of the assessments are large firms, according to the SBA definition.

Comparable computations can be made to determine the average 2016 honey revenue for the 24 first handlers and 727 importers that paid 10 percent of the assessments in the first handler and importer categories. The first handler and importer average annual honey revenue figures are approximately $1,011,000 and $57,000, respectively, indicating that the vast majority are small businesses (in terms of honey sales), under the SBA large business threshold of $7.5 million in annual sales.

Based on the foregoing, the majority of first handlers and importers may be classified as small entities.

This rule relaxes the part's eligibility requirements for producer representatives on the Board as specified in section 1212.40 of the part. The program currently requires that producer representatives produce a minimum of 150,000 pounds of honey (based on the best three year average of the most recent five calendar years) in the United States annually. U.S. honey production has been decreasing and fewer producers can meet this eligibility requirement. Thus, the Board unanimously recommended reducing the minimum production requirement from 150,000 to 50,000 pounds annually. This will allow for a greater pool of producer nominees to be eligible to serve on the Board. Authority for this action is provided in § 1212.46(d) of the part.

This rule also prescribes charges for past due assessments under the part. A new § 1212.520 is added to the part specifying a one-time late payment charge of 10 percent of the assessments due and interest at a rate of 2/3 of 1 percent per month (or 8 percent on an annual basis) on the outstanding balance, including any late payment and accrued interest. This section is included in a new subpart C—Past Due Assessments. Authority for this action is provided in § 1212.52(g) of the part and section 517(e) of the 1996 Act.

Regarding the economic impact of this rule on affected entities, relaxing the eligibility requirements for producer representatives on the Board is administrative in nature and will have no economic impact on entities covered under the program. This change will help increase the number of producers who will be eligible to serve on the Board. Eligible producers, first handlers and importers interested in serving on the Board will have to complete a background questionnaire. Those requirements are addressed later in this rule in the section titled Reporting and Recordkeeping Requirements.

Prescribing charges for past due assessments will impose no additional costs on first handlers and importers who pay their assessments on time. It merely provides an incentive for entities to remit their assessments in a timely manner. For all entities who are delinquent in paying assessments, both large and small, the charges will be applied uniformly. As for the impact on the industry as a whole, this action will help facilitate program administration by providing an incentive for entities to remit their assessments in a timely manner, with the intent of creating a fair and equitable process for all assessed entities.

Additionally, as previously mentioned, the part also provides for two exemptions. First handlers and importers who handle or import less than 250,000 pounds of honey or honey products annually, and first handlers and importers of organic honey and honey products are exempt from the payment of assessments.

Regarding alternatives, one option to the action regarding producer eligibility would be to maintain the status quo and not reduce the production threshold for producers to be eligible to serve on the Board. However, the Board has been having difficulty identifying producer nominees who produce over 150,000 pounds of honey annually. After outreach to beekeeping associations, the Board concluded that reducing the minimum production requirement for producers from 150,000 to 50,000 pounds annually is appropriate to increase the pool of eligible producers.

Likewise, an alternative to the action to prescribe late payment and interest charges for past due assessments would be to maintain the status quo and not prescribe these charges. However, the Board determined that implementing such charges will help facilitate program administration by encouraging entities to pay their assessments in a timely manner. The Board reviewed rates of late payment and interest charges prescribed in other research and promotion programs and concluded that the late payment charge and the interest charge contained in this rule is appropriate.

Reporting and Recordkeeping Requirements

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements that are imposed by the part have been previously approved by OMB under OMB control number 0581-0093. Additionally, Board nominees (including producers) must submit a Background Information form (AD-755) to ensure they are qualified to serve on the Board. The time to complete that form is estimated at 30 minutes per response. The background form is approved under OMB control no. 0505-0001. This rule will not result in a change to the information collection and recordkeeping requirements previously approved and will impose no additional reporting requirements and recordkeeping burden on honey producers, first handlers or importers.

As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule.

Regarding outreach efforts, as previously mentioned, this action was discussed at a subcommittee in October 2015. The Board conducted outreach over the following six months to beekeeping associations to gather input about the need to reduce the annual production volume requirement for eligible producers on the Board. The Board met in April 2016 and unanimously recommended reducing the production volume requirement from 150,000 to 50,000 pounds annually. The Board also recommended prescribing late payment charges and interest on past due assessments in the part's regulations. All of the Board's meetings are open to the public and interested persons are invited to participate and express their views.

A proposed rule concerning this action was published in the Federal Register on December 22, 2017 (82 FR 60687). The Board sent the proposed rule directly to beekeeping associations, the Board, and assessment payers. Additionally, the Board included notification about the proposal and internet links in its industry newsletter. Finally, the proposal was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending January 22, 2018, was provided to allow interested persons to submit comments.

Analysis of Comment

One comment was received in response to the proposed rule. The comment requested two public seats on the Board because of taxpayer dollars and environmental concerns. Currently, the plan does not authorize a Board public member. The national research and promotion program for honey and honey products is funded through assessments paid by honey first handlers and importers. This comment is considered outside the scope. These types of concerns can be presented to the Board for their consideration. In addition, all Board meetings are open to the public to attend. No changes have been made to the rule based on this comment.

After consideration of all relevant matters presented, including the information and recommendation submitted by the Board and other available information, it is hereby found that this rule, as hereinafter set forth, is consistent with and will effectuate the purposes of the 1996 Act.

List of Subjects in 7 CFR Part 1212

Administrative practice and procedure, Advertising, Consumer information, Honey Packer and Importer promotion, Marketing agreements, Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, 7 CFR part 1212 is amended as follows:

PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER 1. The authority citation for 7 CFR part 1212 continues to read as follows: Authority:

7 U.S.C. 7411-7425; 7 U.S.C. 7401.

2. Section 1212.40 is revised to read as follows:
§ 1212.40 Establishment and membership.

The Honey Packers and Importers Board is established to administer the terms and provisions of this part. The Board shall have ten members, composed of three first handler representatives, two importer representatives, one importer-handler representative, three producer representatives, and one marketing cooperative representative. The importer-handler representative must import at least 75 percent of the honey or honey products they market in the United States and handle at least 250,000 pounds annually. In addition, the producer representatives must produce a minimum of 50,000 pounds of honey in the United States annually based on the best three-year average of the most recent five calendar years, as certified by producers. The Secretary will appoint members to the Board from nominees submitted in accordance with § 1212.42. The Secretary shall also appoint an alternate for each member.

3. Subpart C is added to read as follows: Subpart C—Past Due Assessments
§ 1212.520 Late payment and interest charges for past due assessments.

(a) A late payment charge will be imposed on any first handler or importer who fails to make timely remittance to the Board of the total assessments for which they are liable. The late payment will be imposed on any assessments not received within 30 calendar days of the date when assessments are due. This one-time late payment charge will be 10 percent of the assessments due before interest charges have accrued.

(b) In addition to the late payment charge, 2/3 of 1 percent per month (or an annual rate of 8 percent) interest on the outstanding balance, including any late payment and accrued interest, will be added to any accounts for which payment has not been received within 30 calendar days of the date when assessments are due. Interest will continue to accrue monthly until the outstanding balance is paid to the Board.

Dated: March 8, 2018. Bruce Summers, Acting Administrator.
[FR Doc. 2018-05063 Filed 3-13-18; 8:45 am] BILLING CODE 3410-02-P
DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 101 and 114 [Docket No. APHIS-2009-0028] RIN 0579-AD06 Viruses, Serums, Toxins, and Analogous Products; Expiration Date Required for Serial and Subserials and Determination of Expiration Date of Product AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Final rule.

SUMMARY:

We are amending the regulations to clarify that the expiration date of a serial or subserial of a veterinary biologic should be computed from the date of the initiation of the first potency test. We are also requiring the expiration dating period (stability) of a product to be confirmed by conducting a real-time stability study with a stability-indicating assay, stability monitoring of products after licensing, and specifying a single standard for determining the expiration date for veterinary biologics

DATES:

Effective April 13, 2018.

FOR FURTHER INFORMATION CONTACT:

Dr. Donna L. Malloy, Section Leader, Operational Support, Center for Veterinary Biologics Policy, Evaluation, and Licensing, VS, APHIS, 4700 River Road, Unit 148, Riverdale, MD 20737-1231; (301) 851-3426.

SUPPLEMENTARY INFORMATION: Background

The Virus-Serum-Toxin Act regulations in 9 CFR part 114 (referred to below as the regulations), contain requirements for computing expiration dates and determining expiration dating periods (stability) for veterinary biologics. Currently, § 114.12 of the regulations requires each serial or subserial of veterinary biological products prepared in a licensed establishment to be given an expiration date, and § 114.13 provides that the expiration date for each product shall be computed from the date of the initiation of the potency test.

Prior to licensure, licensees and permittees must submit preliminary information to support the dating period shown on its labeling. Products are licensed with the provision that the dating period must be confirmed by real-time stability testing at the end of the predicted shelf life. Currently, the requirement in § 114.13 of the regulations for confirming stability is contingent upon whether a product consists of viable or non-viable organisms. For products consisting of viable organisms, each serial must be tested for potency at release and at the approximate expiration date until a statistically valid stability record has been established. For products consisting of non-viable organisms, each serial presented in support of licensure (prelicensing serials) must be tested for potency at release and at or after the dating requested. Products with satisfactory potency tests at the beginning and end of dating are considered to be efficacious throughout the requested dating period. Current science, however, considers stability estimates based on potency tests conducted at the beginning and end of the dating (a two-point profile) to be inaccurate and imprecise.1

1 Capen, R., et al. (2012). On the shelf life of pharmaceutical products. AAPS PharmSciTech. DOI: 10.1208/s12249-012-9815-2.

To address this situation, on September 17, 2010, we published in the Federal Register (75 FR 56916-56919, Docket No. APHIS-2009-0028) a proposal 2 to amend the regulations by clarifying that the expiration date of a serial or subserial of a veterinary biologic should be computed from the date of the initiation of the first potency test. We also proposed to require the expiration dating period (stability) of a product to be confirmed by a real-time stability study with a stability-indicating assay; require stability monitoring of products after licensing; and specify a single standard for determining the expiration date for veterinary biologics.

2 To view the proposed rule and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0028.

We solicited comments concerning our proposal for 60 days ending November 16, 2010. We received eight comments by that date. They were from licensed manufacturers, national trade associations representing manufacturers of animal health products, a professional organization, and a private citizen. The comments are discussed below by topic.

In our review of the comments, it was evident that many commenters found the organization and wording of proposed § 114.13 to be confusing. For this reason, in addition to adopting some changes requested by commenters to the provisions, we have reorganized and reworded parts of this section to more clearly describe these requirements.

Definition of and Requirement To Use a Stability-Indicating Assay

We proposed to add a definition of the term stability-indicating assay to the regulations in part 101. One commenter stated that we did not identify the need for the addition of this definition to the regulations. Another commenter noted that we stated that product potency can degrade in a non-linear fashion and asked for clarification of why the profile of the degradation curve of a product is important in an assessment of product stability.

In the proposed rule, we noted that current science does not consider stability estimates based on potency tests conducted at the beginning and end of dating (that is, a two-point profile) to be either accurate or precise. A two point profile will determine a fixed line, but if a stability profile is non-linear, two points are inadequate to estimate the profile. Further, to estimate the precision even of a straight line would require at least three points. For this reason we proposed to amend § 114.13 to require testing of serials or subserials using a stability-indicating assay on multiple occasions throughout the predicted dating period, and to add a definition of the term stability-indicating assay to clarify what types of assays would be considered acceptable.

Two commenters stated that the Animal and Plant Health Inspection Service (APHIS) incorrectly cited the International Cooperation on Harmonization of Technical Requirements for the Registration of Veterinary Medicinal Products (VICH) guidelines in support of the proposed rule. The commenters stated that of the five VICH guidelines that address stability, only one, VICH GL 17, Stability Testing of Biotechnological/Biological Veterinary Medicinal Products, addresses biological products, and it only applies to well-characterized proteins and polypeptides, and their derivatives. The commenters also noted that VICH GL 17 specifically excludes conventional vaccines.

VICH is a project conducted under the World Organization for Animal Health that brings together the regulatory authorities of the European Union, Japan, and the United States and representatives from the animal health industry in the three regions. Regulatory authorities and industry experts from Australia, Canada, and New Zealand participate as observers. The purpose of VICH is to harmonize technical requirements for veterinary medicinal products (both pharmaceuticals and biologics).

The commenters' characterization of VICH GL 17 is correct; the scope of those guidelines is limited to biotechnological/biological products and therefore they exclude conventional vaccines and numerous other products. However, the suggestion that APHIS proposed to apply the guidelines for biotechnological/biological products inappropriately to conventional vaccines is mistaken. We did not cite any VICH guidelines as a basis for the proposed rule. Rather, in the economic analysis that accompanied the proposed rule, we stated that the proposed changes were consistent with VICH recommendations, and we continue to believe that this statement is correct. We note that neither the VICH guidelines nor our regulations give specific, step-by-step directions for determining stability, nor is this rule intended to provide such directions. Instead, we state that expiration dating period (stability) of a product should be confirmed by conducting a real-time stability study with a stability-indicating assay.

Some commenters expressed concern that the proposed definition and its use in § 114.13 would require potency tests to be quantitative. The commenters noted that the potency tests for many licensed products, some of which are codified in the regulations, are not quantitative. The commenters stated that this change would force licensees to develop and validate additional assays for many products and would create conflicts with the existing regulations. One commenter stated that developing these additional assays would be expensive, would not improve the quality of the products, would divert resources from new product development, and could lead to some products being discontinued. Another commenter stated that it was unclear why non-quantitative assays are being excluded, because in many cases these assays are sufficient to determine whether or not a product has remained potent throughout the dating period.

The rule calls for a stability-indicating assay, which is one that can detect changes over time. Non-quantitative assays are not stability-indicating because they cannot detect changes over time. However, in response to these comments, we have amended § 114.13 to allow the use of codified potency tests that are not quantitative but that are included in the filed Outline of Production.

APHIS does not agree that manufacturers will need to divert resources from developing new products to develop additional assays because this final rule will not require changes to biological products that are currently licensed. In other words, the new requirement is not retroactive for prior approved products, and we believe that manufacturers will incorporate new assay development into their new product development process. We have addressed this concern in detail in the economic analysis that accompanies this final rule.

One commenter stated that in the definition of stability-indicating assay, the phrase “in the pertinent properties of the product” was too vague. The commenter suggested that the definition be revised to refer only to potency, and not to other properties of the product.

APHIS agrees with the commenter. We have amended § 114.13 to limit the requirement to potency. We have also amended the definition of stability-indicating assay to read “in a pertinent property” rather than “the pertinent properties.” This change clarifies that the definition is descriptive but not prescriptive, and does not impose any requirements.

Two commenters expressed concern about how the rule would apply to unlicensed products that have already completed extensive development, and stated that products in development should be treated the same as licensed products.

APHIS agrees with the commenters that products that have already completed a certain amount of development should receive some consideration. In response to this comment, we have amended § 114.13 to allow a product in development with an approved potency assay to use that assay to complete its initial confirmation of dating study.

Diagnostic Test Kits

One commenter asked about how the proposed rule would apply to diagnostic test kits. The commenter stated that most test kits are interpreted by qualitative means, such as a visual assessment of a reaction. The commenter stated further that a quantitative result is not needed because these test kits do not report a concentration or titer.

The provisions of this rule do not apply to diagnostic test kits. We have amended the regulatory text in § 114.13 to clarify this.

Expiration Date Required for a Serial

We proposed to require that the expiration date of a serial be computed from the date of the initiation of the first potency test of the serial. One commenter asked that we change this provision to allow the expiration date to be calculated from a date of or prior to the date of the initiation of the first potency test. The commenter stated that this would allow assignment of expiration dates based on manufacturing activities (such as final formulation) that precede initiation of the first potency test. The commenter further stated that in many cases, this would be a more efficient practice for a manufacturer and would also ensure that serial expiration dating does not exceed that calculated from the date of the first potency test.

APHIS agrees with the commenter. In response to this request, we have amended § 114.12 to allow the expiration date to be computed from a date no later than the date of the initiation of the first potency test.

Determination of the Expiration Dating Period of a Product

We proposed to require stability studies to begin on the day of filling or final formulation. Some commenters stated that the requirement to start on a single specific day was impractical and too restrictive.

In response to this comment, we have changed the requirement for testing sequences in § 114.13 to indicate that the first test in the sequence shall be as close as practical to the day of filling into final containers or the date of final formulation if the potency of the product is tested in bulk form.

Testing

Some commenters stated that the testing intervals for in vitro tests in § 114.13(a) and for animal tests in § 114.13(b) require too much testing.

The sequence of intervals for in vitro tests is designed to allow estimation of the potency profile. It is typical of the contemporary approach to product shelf life assessment and has been adopted under various regulatory systems throughout the world. Furthermore, in many cases the number of serials that would be tested under the amended regulations is fewer than are used under the current regulations, so the total number of tests would be approximately the same, but the resulting data would be more informative. In response to the comments, we have clarified the provisions in the final rule for those situations when animal testing would be allowed. Specifically, we have clarified that in those cases where animal testing would be necessary, the tests would be of three serials at the start and end of the proposed dating period. This will effectively reduce the number of animal tests required as compared to the original proposal.

One commenter expressed concern that the changes would require the use of more animal tests, contrary to APHIS' commitment to reduce, refine, and replace the use of animals in testing.

APHIS disagrees that the rule will require more animal testing. On the contrary, by calling for stability-indicating assays, it discourages the use of animal tests, since most stability-indicating assays are in vitro tests conducted without animals. As explained above, however, we have clarified the requirements for situations when animal testing would be allowed.

Statistical Methodology and Uniform Standards

Some commenters noted that the rule does not include the statistical criteria that the agency might use to evaluate stability studies. One of the commenters stated that the proposal did not provide guidance on statistical methodology. Another commenter expressed concern that the testing requirements could be unreasonably burdensome and that if a licensee is required to have an extremely high statistical certainty, they might have to increase the potency of the product, which could lead to safety problems.

The current regulations require that licensees and permittees conduct stability studies. We proposed to amend the regulations to provide information that is lacking in the current regulations on how to conduct stability studies. We did not recommend that the potency of a product ever be increased. In fact, a more precise understanding of a vaccine's potency could allow a manufacturer to reduce the formulated potency of a vaccine while verifying that it would maintain adequate potency throughout its shelf life.

When providing guidance on methodology for implementing a codified rule, APHIS follows its usual practice of including such information in published guidance documents. Draft guidance documents are posted on the Center for Veterinary Biologics (CVB) website for comment. The policy on posting draft documents and instructions for commenting on them are described in CVB Notice No. 05-16, available online at http://www.aphis.usda.gov/animal_health/vet_biologics/publications/notice_05_16.pdf. We will consider all comments when formulating further guidance related to the draft document.

A commenter stated that, as proposed, the rule does not establish a uniform standard and that a number of items, including threshold values of confidence intervals or prediction intervals, interpretation of continuous or categorical data sets, and testing intervals for post-licensure monitoring vs. licensing studies should be addressed in the regulations.

APHIS disagrees with the commenter. The rule establishes a uniform standard for the design of stability studies. It does not include detailed methodological procedures for technical statistical methods which must be tailored to the data at hand. The information the commenter cited is typically covered in guidance documents. As we discussed above, these guidance documents are made available on the APHIS website for review by stakeholders before they are finalized.

One commenter stated that the requirement that manufacturers submit a plan to monitor the stability of their products and the suitability of the dating periods for those products and that the plan includes regularly testing serials for potency with stability-indicating assays is too vague.

APHIS disagrees. The expectation that product stability should be monitored by a routine ongoing program is not unusual in the modern manufacturing environment. That expectation is clearly stated in the rule; however, the rule also allows the manufacturer the flexibility to design a program that meets the needs of the particular product.

Some commenters expressed concern that the rule would prevent manufacturers from developing new products because the new requirements would require them to test every serial of a vaccine for stability.

The rule does not require that every serial of a vaccine be tested for stability. We proposed in § 114.13(a) that at least three production serials be tested. That requirement now appears in § 114.13(e) but is otherwise unchanged.

A commenter expressed concern that the rule could be applied retroactively to any licensed product at any time.

The rule does not apply retroactively. As we explained in the proposed rule, the new requirements apply to licensed products with a completed stability study only if the manufacturer makes a change to one of the stability criteria, such as the dating period, or a major change to the product or its potency test.

Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, with the changes discussed in this document.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

This rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866.

In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is summarized below, regarding the economic effects of this rule on small entities. Copies of the full analysis are available on the Regulations.gov website (see footnote 2 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT.

We are amending the Virus-Serum-Toxin Act regulations concerning expiration dates for serials and subserials and the determination of the dating period (stability) of veterinary biological products. This rule will establish a uniform standard in stability testing for confirming the dating period and expiration date requirements. The changes will clarify and streamline the current regulations to ensure supplies of pure, safe, potent, and effective veterinary biological products.

This rule will affect all veterinary biologics licensees (manufacturers of veterinary biologics) and permittees (importers of veterinary biologics). Currently, there are approximately 100 veterinary biological establishments, including permittees. Among these veterinary biological establishments, 53 veterinary vaccine manufacturers and permittees hold 1,378 vaccine licenses.

The annual value of veterinary biological product shipments averaged between $4.3 billion and $4.4 billion, 2010-2013, having grown from $2.3 billion in 2006. U.S. exports of veterinary vaccines showed a substantial increase between 2006 and 2013, from $291 million in 2006 to $861 million in 2013. U.S. imports of veterinary vaccines are small; on average, $5.5 million of veterinary vaccines were imported annually from 2006 to 2013, resulting in a large trade surplus (exports minus imports) in the veterinary vaccine trade. In 2013, the United States was the largest exporter of veterinary vaccines in the world, followed by the Netherlands and Belgium.

This rule will help veterinary biologics manufacturers establish the best method for confirming stability. The rule aims to enable these manufacturers to take advantage of scientific advances and readily respond to changing international technical standards in the global market.

Over a 3-year period from 2012 through 2014, we received 76 reports from manufacturers that contained 192 vaccine stability studies. Based on the specific tests conducted in these stability studies, we estimate the costs associated with the current requirements, costs associated with the new requirements, and costs manufacturers actually incurred in conducting these 192 studies. We estimate that the annual total cost to the industry of stability studies under the current requirements is about $847,000 and the annual total cost to the industry under the new requirements will be about $858,000, that is, an annual cost increase of about $11,000 to the industry.

We note that the 3-year data show that manufacturers actually conducted more testing than is required under either the current or new requirements; we estimate that the manufacturers incurred costs totaling about $1,689,000 annually, which is $831,000 more than what the new requirements are estimated to cost. To provide context on industry effects, if establishments were to limit themselves to the new requirements, which are aligned with contemporary science and international standards, the industry may save about $831,000 annually in testing, an average of about $15,700 per establishment (based on 53 manufacturers). We anticipate that industry will follow the new requirements, although some firms may elect to perform more testing than required by APHIS in order to satisfy the regulatory requirements of other countries. In addition to the aforementioned annual costs, we expect that the industry will incur one-time costs that are necessary to understand the new requirements, train employees, and update policies and procedures accordingly.

According to the Small Business Administration size standards, most veterinary biologics manufacturers are small entities with no more than 500 employees. We expect that the estimated annual costs for the industry will not cause significant economic impacts for most veterinary biologics licensees and permittees, based on the estimated $11,000 annual cost increase to the industry (about $200 annual cost increase per manufacturer or permittee).

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with States and local officials. (See 2 CFR chapter IV.)

Executive Order 12988

This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies where they are necessary to address local disease conditions or eradication programs. However, where safety, efficacy, purity, and potency of biological products are concerned, it is the Agency's intent to occupy the field. This includes, but is not limited to, the regulation of labeling. Under the Act, Congress clearly intended that there be national uniformity in the regulation of these products. There are no administrative proceedings which must be exhausted prior to a judicial challenge to the regulations under this rule.

Paperwork Reduction Act

This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects 9 CFR Part 101

Animal biologics.

9 CFR Part 114

Animal biologics, Reporting and recordkeeping requirements.

Accordingly, we are amending 9 CFR parts 101 and 114 as follows:

PART 101—DEFINITIONS 1. The authority citation for part 101 continues to read as follows: Authority:

21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

2. Section 101.5 is amended by adding paragraph(s) to read as follows:
§ 101.5 Testing terminology.

(s) Stability-indicating assay. A stability-indicating assay is a validated quantitative analytical procedure that can detect changes over time in a pertinent property of the product.

PART 114—PRODUCTION REQUIREMENTS FOR BIOLOGICAL PRODUCTS 3. The authority citation for part 114 continues to read as follows: Authority:

21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

4. Section 114.12 is revised to read as follows:
§ 114.12 Expiration date required for a serial.

Unless otherwise provided for in a Standard Requirement or filed Outline of Production, each serial or subserial of a biological product prepared in a licensed establishment shall be given an expiration date according to the dating period of the product when computed from a date no later than the date of the initiation of the first potency test of the serial or subserial. A licensed biological product shall be considered worthless under the Virus-Serum-Toxin Act after the expiration date appearing on the label.

5. Section 114.13 is revised to read as follows:
§ 114.13 Determination of the dating period of a product.

The following requirements do not apply to those biological products used for diagnostic purposes.

(a) Stability criteria. Stability criteria include the specifications for potency at release, potency throughout the dating period, and the length of the dating period.

(b) Stability study requirement. The dating period of each fraction of each product shall be confirmed by conducting a stability study.

(c) Licensure prior to completion of a stability study. Prior to licensure, the licensee shall propose a dating period for the product based on preliminary information available about the stability of each of its fractions. If the preliminary stability information is acceptable, the product may be licensed with the provision that the proposed dating period must be confirmed by conducting a real-time stability study with a stability-indicating potency assay that can detect changes over time in the potency of the product.

(d) Use of stability-indicating assay. Stability studies must be conducted with a stability-indicating assay, with the following exceptions:

(1) If the potency test specified in the filed Outline of Production of a licensed product is the one stated in the regulations, that potency test may be used in place of a stability-indicating assay for that fraction.

(2) If the initial confirmation of dating study of a product in development on April 13, 2018 has an approved potency assay, that assay may be used.

(e) Number of serials. At least three production serials of the product shall be selected for testing in the stability study.

(f) Testing sequences—(1) Initial test. The first test in the sequence shall be as close as practical to the day of filling into final containers or the date of final formulation if the potency of the product is tested in bulk form.

(2) Subsequent testing for in vitro assays. (i) One test every 3 months during the first year of storage;

(ii) One test every 6 months during the second year of storage; and

(iii) One test annually thereafter throughout the proposed dating period.

(3) Subsequent testing for in vivo assays. One test at the end of the proposed dating period.

(g) When to conduct a stability study. Stability studies must be conducted for the following:

(1) Newly licensed products whose dating has not been confirmed;

(2) Licensed products with confirmed dating but a major change to the product or to the potency test has occurred; and

(3) Licensed products with confirmed dating in which a change in one or more of the stability criteria is requested.

(h) Submitting data. At the completion of the real-time stability study to confirm or change the dating period, the data shall be submitted to Animal and Plant Health Inspection Service for approval for filing and the approved for filing date shall be specified in section VI of the filed Outline of Production at the next revision.

(i) Monitoring stability of the product. For products licensed subsequent to April 13, 2018, the licensee or permittee shall submit a plan to monitor the stability of the product and the suitability of its dating period that includes regularly testing selected serials for potency during and at the end of dating.

Done in Washington, DC, this 9th day of March 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-05143 Filed 3-13-18; 8:45 am] BILLING CODE 3410-34-P
SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 Revised Medical Criteria for Evaluating Cancer (Malignant Neoplastic Diseases) CFR Correction In Title 20 of the Code of Federal Regulations, Parts 400 to 499, revised as of April 1, 2017, on page 541, in Part 404, Subpart P, Appendix 1, under 13.02, paragraph B., the second “OR” is removed and under 13.03, paragraphs B.1. and B.2. are removed. [FR Doc. 2018-05240 Filed 3-13-18; 8:45 am] BILLING CODE 1301-00-D DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 864 [Docket No. FDA-2018-N-0399] Medical Devices; Hematology and Pathology Devices; Classification of Lynch Syndrome Test Systems; Correction AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final order; correction.

SUMMARY:

The Food and Drug Administration is correcting a final order entitled “Medical Devices; Hematology and Pathology Devices; Classification of Lynch Syndrome Test Systems” that appeared in the Federal Register of February 27, 2018. The document was published with the incorrect docket number. This document corrects that error.

DATES:

Effective March 14, 2018.

FOR FURTHER INFORMATION CONTACT:

Lisa Granger, Office of Policy and Planning, Food and Drug Administration, 10903 New Hampshire Ave., Bldg, 32, Rm. 3330, Silver Spring, MD 20993-0002, 301-796-9115.

SUPPLEMENTARY INFORMATION:

In the Federal Register of February 27, 2018 (83 FR 8355), in FR Doc. 2018-03924, on page 8355, the following correction is made:

1. On page 8355, in the third column, in the header of the document, the docket number is corrected to read “FDA-2018-N-0399”.

Dated: March 8, 2018. Leslie Kux, Associate Commissioner for Policy.
[FR Doc. 2018-05115 Filed 3-13-18; 8:45 am] BILLING CODE 4164-01-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 872 [Docket No. FDA-2017-P-5124] Medical Devices; Exemption From Premarket Notification; Class II Devices; Over-the-Counter Denture Repair Kit AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final order.

SUMMARY:

The Food and Drug Administration (FDA or Agency) is publishing an order granting a petition requesting exemption from premarket notification requirements for over-the-counter (OTC) denture repair kits (Product Code EBO). These devices consist of material, such as a resin monomer system of powder and liquid glues, which is intended to be applied permanently to a denture to mend cracks or breaks. This order exempts OTC denture repair kits, class II devices, from premarket notification (510(k)). This exemption from 510(k) is immediately in effect for OTC denture repair kits. FDA is publishing this order in accordance with the section of the Federal Food, Drug, and Cosmetic Act (FD&C Act) permitting the exemption of a device from the requirement to submit a 510(k).

DATES:

This order is effective March 14, 2018. The exemption was applicable on January 31, 2018.

FOR FURTHER INFORMATION CONTACT:

Rebecca Nipper, Center for Devices and Radiological Health (CDRH), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1540, Silver Spring, MD 20993-0002, 301-796-6527.

SUPPLEMENTARY INFORMATION: I. Statutory Background

Section 510(k) of the FD&C Act (21 U.S.C. 360(k)) and its implementing regulations in part 807 (21 CFR part 807) require persons who propose to begin the introduction or delivery for introduction into interstate commerce for commercial distribution of a device intended for human use to submit a 510(k) to FDA. The device may not be marketed until FDA finds it “substantially equivalent” within the meaning of section 513(i) of the FD&C Act (21 U.S.C. 360c(i)) to a legally marketed device that does not require premarket approval.

On November 21, 1997, the President signed into law the Food and Drug Administration Modernization Act of 1997 (Pub. L. 105-115), section 206 of which added section 510(m) to the FD&C Act, as amended on December 13, 2016, by the 21st Century Cures Act (Pub. L. 114-255). Section 510(m)(1) of the FD&C Act, requires FDA to publish in the Federal Register a list of each type of class II device that does not require a report under section 510(k) of the FD&C Act to provide reasonable assurance of safety and effectiveness. Section 510(m) of the FD&C Act further provides that a 510(k) will no longer be required for these devices upon the date of publication of the list in the Federal Register.

Section 510(m)(2) of the FD&C Act provides that FDA may exempt a device from premarket notification requirements on its own initiative, or upon petition of an interested person, if FDA determines that a 510(k) is not necessary to provide assurance of the safety and effectiveness of the device. This section requires FDA to publish in the Federal Register a notice of intent to exempt a device, or of the petition, and to provide a 60-day comment period. Within 120 days after the issuance of the notice, FDA shall publish an order in the Federal Register setting forth the final determination regarding the exemption of the device that was the subject of the notice. If FDA fails to respond to a petition under this section within 180 days of receiving it, the petition shall be deemed granted.

II. Criteria for Exemption

There are a number of factors FDA may consider to determine whether a 510(k) is necessary to provide reasonable assurance of the safety and effectiveness of a class II device. These factors are discussed in the guidance that the Agency issued on February 19, 1998, entitled “Procedures for Class II Device Exemptions from Premarket Notification, Guidance for Industry and CDRH Staff” (Class II 510(k) Exemption Guidance). That guidance can be obtained through the internet at https://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM080199.pdf or by sending an email request to [email protected] to receive a copy of the document. Please use the document number 159 to identify the guidance you are requesting.

III. Petition

On August 22, 2017, FDA received a petition requesting an exemption from premarket notification for OTC denture repair kits. (See Docket No. FDA-2017-P-5124.) These devices are currently classified under 21 CFR 872.3570, OTC denture repair kits.

In the Federal Register of November 20, 2017 (82 FR 55105), FDA published a notice announcing that this petition had been received and provided opportunity for interested persons to submit comments on the petition by January 19, 2018. FDA received no comments.

FDA has assessed the need for 510(k) clearance for this type of device against the criteria laid out in the Class II 510(k) Exemption Guidance. Based on this review, FDA believes that premarket notification is not necessary to provide a reasonable assurance of the safety and effectiveness of the device, as long as the device complies with existing special controls. FDA agrees that the risks posed by the device and the characteristics of the device necessary for its safe and effective performance are well established. FDA believes that changes in the device that could affect safety and effectiveness will be readily detectable by certain types of routine analysis and nonclinical testing, such as those detailed in the existing special controls. Therefore, after reviewing the petition, FDA has determined that premarket notification is not necessary to provide a reasonable assurance of safety and effectiveness of OTC denture repair kits. FDA responded to the petition by letter dated January 31, 2018, to inform the petitioner of this decision within the 180-day timeframe under section 510(m)(2) of the FD&C Act.

IV. Limitations of Exemption

This final order exempts from premarket notification an OTC denture repair kit. This device will remain subject to the class II special controls under 21 CFR 872.3570 and will be subject to the limitations of exemption found in 21 CFR 872.9.

V. Analysis of Environmental Impact

The Agency has determined under 21 CFR 25.30(h) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

VI. Paperwork Reduction Act of 1995

This final order refers to previously approved collections of information found in other FDA regulations and guidance. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in part 807, subpart E, regarding premarket notification submissions, have been approved under OMB control number 0910-0120.

List of Subjects in 21 CFR Part 872

Medical devices.

Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 872 is amended as follows:

PART 872—DENTAL DEVICES 1. The authority citation for part 872 is revised to read as follows: Authority:

21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

2. In § 872.3570, revise paragraph (b) introductory text to read as follows:
§ 872.3570 OTC denture repair kit.

(b) Classification. Class II. The OTC denture repair kit is exempt from premarket notification procedures in subpart E of part 807 of this chapter, subject to § 872.9. The special controls for this device are FDA's:

Dated: March 8, 2018. Leslie Kux, Associate Commissioner for Policy.
[FR Doc. 2018-05116 Filed 3-13-18; 8:45 am] BILLING CODE 4164-01-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 Drawbridge Operations Regulations CFR Correction In Title 33 of the Code of Federal Regulations, Parts 1 to 124, revised as of July 1, 2017, on page 646, in § 117.739, paragraph (o) is removed and reserved. [FR Doc. 2018-05245 Filed 3-13-18; 8:45 am] BILLING CODE 1301-00-D NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1258 [FDMS No. NARA-18-0001; NARA-2018-019] RIN 3095-AB96 Fees AGENCY:

National Archives and Records Administration (NARA).

ACTION:

Direct final rule.

SUMMARY:

NARA is amending our Fees regulation to shorten the period in which people who request copies of archival records may request a refund. This shorter period is in line with other similar research and archival institutions and is designed to reduce the administrative costs of processing a large number of refund requests that fall outside the permitted bases.

DATES:

This rule is effective on April 13, 2018 without further notice, unless we receive adverse written comment that warrants revision by April 3, 2018. If we receive such comments, we will publish a timely withdrawal of the direct final rule in the Federal Register.

ADDRESSES:

You may submit comments, identified by RIN 3095-AB95, by email at [email protected], or by mail to the External Policy Program Manager; Strategy Division (MP), Suite 4100; National Archives and Records Administration; 8601 Adelphi Road; College Park, MD 20740-6001.

FOR FURTHER INFORMATION CONTACT:

Kimberly Keravuori, by email at [email protected], or by telephone at 301-837-3151.

SUPPLEMENTARY INFORMATION: Background

NARA is authorized by 44 U.S.C. 2116(c) to charge reproduction fees when it reproduces documents for non-Federal individuals or entities. This includes official reproductions with the

Archives' seal, reproductions of archival holdings, and reproductions of operational records. The statute authorizes NARA to recoup its costs, equipment fees, and similar expenses, and to retain the fees as part of the National Archives Trust Fund (NATF). NARA promulgated regulations at 36 CFR part 1258 to notify users of the fee structure and processes. Among these regulations is a section addressing refunds of these fees (36 CFR 1258.16). It is this provision that we are revising with this rulemaking.

Due to various factors, it is occasionally difficult for us to make a legible reproduction, particularly of old documents. We notify customers if we anticipate the reproduction will have questionable legibility and request the customer's approval to proceed with the reproduction—and the fee charges. As a result, we do not provide refunds except in special cases; primarily if we have somehow processed an order incorrectly or it contains errors. However, the regulation's refund request period is of such a length (120 days) that the NATF has been receiving a significant number of refund requests for orders that contain no errors and were processed correctly, which is causing the NATF administrative processing burdens. As a result, we are now reducing the refund request period to 30 days, which we believe will reduce the number of these other types of refund requests. A 30-day refund period is also in line with similar deadlines at other research and archival institutions that allow refund requests, such as the Library of Congress. Many such organizations do not permit refunds at all (e.g., USCIS Genealogy Program). We would like to continue permitting refunds when there has been an error, but we believe the shorter period will still provide sufficient time in which to request a refund while reducing the inappropriate refund requests and NARA's administrative costs.

Regulatory Review Information

This rule is not a significant regulatory action for the purposes of E.O. 12866 and a significance determination was requested from the Office of Management and Budget (OMB). It is also not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. As a result, this rule is also not subject to deregulatory requirements contained in E.O. 13771. As required by the Regulatory Flexibility Act, we certify that this rule will not have a significant impact on a substantial number of small entities; it simply shortens the period in which people may request refunds of reproduction fees. This rule also does not have any Federalism implications.

This rule is effective upon publication for good cause as permitted by the Administrative Procedure Act (5 U.S.C. 553(d)(3)). NARA believes that a public comment period is unnecessary as this rule merely shortens the recently added refund request period to bring it in line with similar periods at other research and archival institutions, such as the Library of Congress.

List of Subjects in 36 CFR Part 1258

Archives and records.

For the reasons stated in the preamble, NARA amends 36 CFR part 1258 as follows:

PART 1258—[AMENDED] 1. The authority citation for part 1258 continues to read as follows: Authority:

44 U.S.C. 2126(c) and 44 U.S.C. 2307.

2. Amend § 1258.16 by revising the sixth sentence to read as follows:
§ 1258.16 What is NARA's refund policy?

* * * If you feel we processed your order incorrectly or it contains errors, please contact us within 30 days of your delivery date to have your issue verified. * * *

David S. Ferriero, Archivist of the United States.
[FR Doc. 2018-05088 Filed 3-13-18; 8:45 am] BILLING CODE 7515-01-P
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 25 Satellite Communications CFR Correction In Title 47 of the Code of Federal Regulations, Parts 20 to 39, revised as of October 1, 2017, on page 265, the Effective Date Note at the end of § 25.220 is removed. [FR Doc. 2018-05247 Filed 3-13-18; 8:45 am] BILLING CODE 1301-00-D DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170828822-70999-02] RIN 0648-XG063 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer AGENCY:

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

ACTION:

Temporary rule; quota transfer.

SUMMARY:

NMFS announces that the State of North Carolina is transferring a portion of its 2018 commercial summer flounder quota to the Commonwealth of Massachusetts. This quota adjustment is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial quotas for North Carolina and Massachusetts.

DATES:

Effective March 9, 2018, through December 31, 2018.

FOR FURTHER INFORMATION CONTACT:

Cynthia Hanson, Fishery Management Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION:

Regulations governing the summer flounder fishery are found in 50 CFR 648.100 through 648.110. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102, and the initial 2018 allocations were published on December 22, 2017 (82 FR 60682), and corrected January 30, 2018 (83 FR 4165).

The final rule implementing Amendment 5 to the Summer Flounder Fishery Management Plan, as published in the Federal Register on December 17, 1993 (58 FR 65936), provided a mechanism for transferring summer flounder commercial quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider the criteria in § 648.102(c)(2)(i)(A) through (C) in the evaluation of requests for quota transfers or combinations.

North Carolina is transferring 5,450 lb (2,472 kg) of summer flounder commercial quota to Massachusetts. This transfer was requested to repay landings by a North Carolina-permitted vessel that landed in Massachusetts under a safe harbor agreement. Based on the initial quotas published in the 2018 Summer Flounder, Scup, and Black Sea Bass Specifications and subsequent adjustments, the revised summer flounder quotas for calendar year 2018 are now: North Carolina, 1,755,989 lb (796,503 kg); and Massachusetts, 410,192 lb (186,060 kg).

Classification

This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866.

Authority:

16 U.S.C. 1801 et seq.

Dated: March 9, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2018-05169 Filed 3-9-18; 4:15 pm] BILLING CODE 3510-22-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 170817773-8213-02] RIN 0648-BG81 Fisheries Off West Coast States; Highly Migratory Fisheries; California Drift Gillnet Fishery; Implementation of a Federal Limited Entry Drift Gillnet Permit AGENCY:

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

ACTION:

Final rule.

SUMMARY:

NMFS is issuing regulations under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to implement a March 2017 recommendation by the Pacific Fishery Management Council (Pacific Council) to amend the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The rule implements Amendment 5 to the HMS FMP and establishes a Federal limited entry (LE) permit system for the California/Oregon large-mesh drift gillnet (DGN) fishery using standards that are very similar to those used in the existing State of California LE permit program for the DGN fishery. Amendment 5 is intended to streamline management and future decision-making by placing all aspects of DGN fishery management under MSA authority. All current California LE DGN permit holders are eligible to apply for, and receive, a Federal LE DGN permit, and no additional LE DGN permits are created under this rule. This final rule is administrative in nature and is not anticipated to result in increased activity, effort, or capacity in the fishery.

DATES:

This final rule is effective on April 13, 2018.

ADDRESSES:

Copies of supporting documents that were prepared for this final rule, including the Regulatory Impact Review and the proposed rule, are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0052. These documents are also available from Lyle Enriquez, NMFS West Coast Region, 501 W. Ocean Blvd. Suite 4200, Long Beach, CA 90802, or [email protected] Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to the West Coast Regional Office and by email to [email protected] or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT:

Lyle Enriquez, NMFS, West Coast Region, 562-980-4025, or [email protected]

SUPPLEMENTARY INFORMATION:

The California/Oregon large-mesh DGN fishery is managed under the HMS FMP, which was prepared by the Pacific Council and implemented under the authority of the MSA by regulations at 50 CFR part 660. Although it adopted all conservation and management measures in place under various Federal statutes (e.g., the Marine Mammal Protection Act and the Endangered Species Act) and state regulations, the HMS FMP did not incorporate the LE DGN permit programs of California and Oregon. California has an active LE DGN program, Oregon no longer issues DGN permits, and DGN fishing is prohibited in waters off of Washington.

Background

On March 12, 2017, the Pacific Council voted to recommend Amendment 5 to the HMS FMP, which establishes a LE DGN permit program under MSA authority and entitles all fishermen authorized to fish with large-mesh DGN gear under state law, as of the publication date of this final rule, to be eligible to receive a Federal LE DGN permit. On September 15, 2017, NMFS published a Notice of Availability (NOA) in the Federal Register (82 FR 43323) for Amendment 5 with a 60-day public comment period. After consideration of public comments on Amendment 5, NMFS approved it on December 14, 2017. With that approval, Amendment 5, which requires establishment of a Federal DGN program under the HMS FMP, is now official Federal policy.

On October 31, 2017, NMFS published a proposed rule in the Federal Register (82 FR 50366) that would add regulations at 50 CFR part 660, subpart K, to implement Amendment 5. The proposed rule contained additional background information, including information on the basis for the new regulations and the recommendations of the Pacific Council, which is not repeated in this final rule. The proposed rule was open to public comment through December 15, 2017, and the comments that NMFS received are addressed in this final rule.

New Regulations

This rule adopts many of the current State of California management measures associated with the DGN fishery. For example, NMFS adopts current California requirements regarding the assignment of a permit (i.e., permits are issued to an individual and assigned to a specific vessel), the transfer of permits between permit holders (i.e., a permit must be held for three years before it is eligible to be transferred), and an annual renewal cycle.

As of the publication date of this final rule, all 70 California LE DGN permit holders are eligible to receive a Federal LE DGN permit if they have renewed their state LE DGN permit by March 31, 2018. Permit holders who fail to renew their state DGN permit by March 31, 2018, are not eligible for a Federal LE DGN permit. As of January 10, 2018, 68 permit holders have renewed their state LE DGN permit. If a state LE DGN permit was transferred after publication of the proposed rule, the transferee, but not the transferor, is eligible to receive a Federal LE DGN permit.

Federal LE DGN permits will be issued annually for the fishing year starting April 1 and ending March 31 of the following year. Permits expire on March 31 of each year and, after initial issuance (expected in 2018), the permit renewal deadline is April 30 of each fishing year. A completed LE DGN permit renewal form must be received by NMFS no later than close-of-business April 30. Any renewal form received after that date will result in the permanent expiration of the Federal LE DGN permit. A permit owner who fails to submit a renewal form by the deadline may submit a renewal form to NMFS with a written statement that the failure to renew the permit by the deadline was proximately caused by the permit owner's illness or injury. When a permit owner has died, the owner's estate or other personal representative may submit a statement explaining that the permit owner's death prevented a timely renewal. The permit holder, or in the case of a deceased permit owner, the estate or other personal representative, will need to provide written proof of illness, injury, or death. NMFS will not consider any such renewal request made after July 31. A permit holder needs to hold a Federal LE DGN permit for a vesting period of at least three years before it is eligible to be transferred. This vesting period extends across both state and Federal permit programs (i.e., if a permit holder held a state LE DGN permit for two years and a Federal LE DGN permit for one year, the permit may be transferred).

This rule also includes technical edits to existing regulatory text. These edits add the word “general” before instances of “HMS permit” to distinguish the existing HMS permit from the new LE DGN permit; update a web address from which permit applications may be obtained; update the reference to the NMFS “Southwest Region” to refer to the West Coast Region, into which it was incorporated; and update the description of the NMFS regional “Sustainable Fisheries Division” to describe it as part of the West Coast Region.

Public Comment and Responses

NMFS received 17 written public comments during the proposed rulemaking stage. The summarized comments and NMFS' responses are below.

Comment 1: The DGN fishery is conducted in Federal waters and belongs under Federal law and permitting.

Response: NMFS agrees that the DGN fishery belongs under Federal authority. In 2004, NMFS approved the HMS FMP, which included the DGN fishery as an authorized fishery, bringing the fishery under MSA authority for the first time. Furthermore, the DGN fishery operates only in Federal waters of the exclusive economic zone (EEZ) off of the States of California and Oregon. California, Oregon, and Washington do not allow the DGN fishery to operate in state waters.

Comment 2: Consolidating management responsibility for all aspects of the swordfish fishery under one authority, including the permit process, creates a higher level of management efficacy that currently does not exist.

Response: NMFS agrees. The 2004 HMS FMP included the DGN fishery as an authorized fishery under MSA authority and adopted state and Federal regulations in place at that time, except for the limited entry DGN permit systems of Oregon and California. Oregon no longer issues DGN permits, and California maintains a state LE DGN permit program. Currently, changes to the number of LE DGN permits or qualifications to possess a LE DGN permit are made by the California State Legislature. Creating a Federal LE DGN permit may streamline implementation of future DGN management measures recommended by the Pacific Council. For example, the Pacific Council may recommend management measures related to participation in the fishery, and NMFS could implement a recommendation (if approved) by placing conditions on eligibility for Federal LE DGN permits, without the California State Legislature having to take action.

Comment 3: Going forward, California would continue to have influence through its seats on the Pacific Council and Pacific Offshore Cetacean Take Reduction Team (POCTRT).

Response: NMFS agrees. The State of California has voting representatives on the Pacific Council and the POCTRT, and these groups recommend DGN management measures to NMFS. The Pacific Council recommends management measures related to all fisheries under the HMS FMP, which includes the DGN fishery and other fisheries that harvest swordfish and other HMS. The POCTRT was established under section 118(f) of the Marine Mammal Protection Act, 16 U.S.C. 1387(f), specifically to make recommendations addressing marine mammal interactions in the DGN fishery. For example, in 1996 the POCTRT recommended that NMFS require the use of acoustic pingers to alert marine mammals to the presence of the net during all DGN fishing activity. NMFS implemented this measure in 1997 and it led to a significant reduction in the number of marine mammals entangled by the fishery. Further, in 2013 the POCTRT recommended that NMFS implement emergency, temporary regulations to limit the number of sperm whales taken in the fishery, require a Vessel Monitoring System (VMS) on board each DGN vessel, and establish a 100 percent observer coverage zone. NMFS implemented this recommendation in 2013, and later made the VMS requirement permanent.

Comment 4: The rule only proposed to create a Federal LE DGN permit rather than replace the current California state permit regime, as the Council originally considered when it began discussing a Federal LE DGN permit in March 2014. The California state permit regime should be placed under Federal control, as the most scientific resources are available at the Federal level to make science-based decisions for the fishery.

Response: In March 2017, the Pacific Council voted to authorize a Federal LE DGN permit. The Pacific Council recommended that, as soon as possible after Pacific Council final action, only fishermen authorized to fish with large-mesh DGN gear under state law would be entitled to a LE DGN permit issued by NMFS. Fishermen who hold valid state LE DGN permits on the date that this final rule is published would be eligible for the Federal LE DGN permit. These permits could be transferred only once every three years. The Pacific Council did not include a recommendation to repeal any state permit requirements. This final rule does not repeal any State of California requirements related to the California LE DGN permit. The California LE DGN permit will continue to be required by the state until and unless a change to California Fish and Game Code is made by the California State Legislature.

Comment 5: Several commenters noted that the California Department of Fish and Wildlife is currently in the process of convening stakeholders to discuss potential collaborative solutions, including a buyout program, to improve the sustainability of the DGN fishery. The commenters support these efforts and urge NMFS to delay implementation of this rule until the State of California has had the opportunity to explore a collaborative solution with fishermen and other stakeholders under state authority.

Response: Section 304(b) of the MSA, 16 U.S.C. 1854(b), requires NMFS to publish final implementing regulations for FMP amendments within 30 days of the close of the comment period on the proposed rule, if the amendment has been approved. Amendment 5 includes no provision to delay implementation of the Federal permit system. NMFS understands that the California Department of Fish and Wildlife has convened meetings with California LE DGN permit holders and environmental non-governmental organizations to discuss a potential buyout program to reduce the number of California LE DGN permits. The results of these discussions are speculative and do not justify a delay in implementing a Federal LE DGN permit.

Comment 6: The NOA and proposed rule note that NMFS' intent is to transition the State of California issued LE DGN permit program to Federal management under MSA authority. The NOA and proposed rule both specifically state “[a]fter the LE DGN permit transitions from the State of California to Federal management, each participant will need to hold all of the same permits and licenses, except that the Federal LE DGN permit will take the place of the State of California LE DGN permit.” This statement incorrectly implies that, upon implementation of the Federal LE DGN program, the state LE DGN permit will immediately cease to be required. The state LE DGN permit is required by California Fish and Game Code section 8561. The state LE DGN permit will continue to be required until the California State Legislature repeals or otherwise changes this requirement. Thus, even after implementation of a Federal LE DGN permit, each participant will continue to be required to possess all required state permits and licenses, including the state general gillnet permit and the state LE DGN permit. If NMFS elects to proceed, it should be made clear in the final rule implementing the Federal LE DGN permit that the state LE DGN permit will continue to be required until a change to Fish and Game Code, section 8561, is made by the California State Legislature.

Response: To clarify, NMFS reiterates that this final rule does not repeal any State of California requirements related to the California LE DGN permit. Following implementation of the Federal LE DGN permit, the California LE DGN permit will continue to be required by the state until and unless a change to California Fish and Game Code is made by the California State Legislature.

Comment 7: Several commenters stated that the proposed rule does not explain the clear need for a Federal LE DGN permit, because a State of California LE DGN permit will continue to be required to use DGN gear, absent legislative action. Implementation of this rule will merely create a duplicative permit requirement.

Response: Although both permits will continue to be required until and unless the California State Legislature acts, the Pacific Council recommended requiring a Federal LE DGN permit in order to streamline Federal management of the DGN fishery. The fishery occurs in the EEZ, not in state waters, and therefore this is a Federal fishery shared by residents of different states. Currently, changes to the number of DGN permits or qualifications to possess a DGN permit can be made only through the California State Legislature. As described above, under Amendment 5, the Pacific Council may recommend future management measures related to participation in the fishery, and, if approved, NMFS could directly implement them by placing conditions on Federal LE DGN permits.

Comment 8: Several commenters stated that DGN permitting authority should remain with the State of California, and that transitioning to Federal management will limit California's ability to make decisions that affect its natural resources or have input on the use of resources that are found in both Federal and state waters. They state that, while the California Department of Fish and Wildlife will still be able to participate through the Pacific Council, its ability to make changes to the fishery will be diluted, and that the California State Legislature would potentially be cut out entirely from the management process for this fishery.

Response: The fishery occurs in the EEZ, not in state waters, and therefore this is a Federal resource shared by residents of different states. Because the HMS fisheries are a Federal resource, the Council prepared and recommended adoption of the HMS FMP under Federal authority. With the exception of the LE program, the DGN fishery has been managed under Federal authority for years. Even under Amendment 5, the California State Legislature retains the ability to manage fishery resources wholly within state waters (within roughly 3 nautical miles from the coastline) and manage state-registered vessels beyond state waters to the extent such management does not conflict with MSA regulations.

Comment 9: Several commenters stated that Federal LE DGN permits should only be issued upon implementation of the Pacific Council's proposed management measures to (1) establish protected species hard caps (limits on the serious injury and mortality of certain marine mammal and sea turtle species); and (2) require 100 percent monitoring in the fishery, or that the regulations implementing the Federal LE DGN permit program should require that permit holders operate under hard caps and 100 percent monitoring.

Response: The Pacific Council recommended that NMFS implement DGN hard caps and 100 percent monitoring in September 2015. NMFS proposed regulations to implement DGN hard caps in October 2016. In a separate action, the Pacific Council recommended Amendment 5 (Federal LE DGN permit program) in March 2017. Amendment 5 was not conditioned on implementation of hard caps or 100 percent monitoring. In June 2017, NMFS withdrew the proposed regulations to establish protected-species hard caps for the DGN fishery, after further analysis showed that the action would have minor beneficial effects to target and non-target fish species and protected species, at the cost of significant adverse economic effects to the participants in the fishery if and when closures would occur. NMFS advised the Pacific Council of revisions that would make the proposed DGN hard caps regulations consistent with the MSA and meet the purpose and need for the action. NMFS continues to analyze ways to implement the Pacific Council's recommendation for 100 percent DGN monitoring, and the Pacific Council revised its purpose and need for the action in November 2017. Because Amendment 5 is not conditioned on the establishment of hard caps or 100 percent monitoring, the status of those recommendations does not support a delay in creating the Federal LE DGN permit.

Comment 10: The commenter opposes the proposed Federal permit program, stating it disregards key objectives outlined in the Pacific Council's Swordfish Management and Monitoring Plan for achieving bycatch reduction goals and limiting DGN fishing effort.

Response: The Federal LE DGN permit is not intended to reduce bycatch. Future actions to manage the fishery may be streamlined by establishing a Federal permit program. Such potential future actions could be intended to reduce bycatch in the DGN fishery.

Comment 11: The commenter requests that NMFS not finalize the proposed rule and instead return it to the Pacific Council to amend the purpose and need for the action, reduce latent permits in the DGN fishery, make clear that no additional Federal LE DGN permits shall be issued after the initial allocation, make Federal DGN permits non-transferrable, and connect the Federal LE DGN program with the authorization of deep-set buoy gear.

Response: NMFS is not returning the proposed rule to the Pacific Council, because the Pacific Council discussed these restrictions when considering establishing a Federal LE DGN permit, and did not include them as part of its recommendation to NMFS to create the permit. As explained above, requiring DGN vessels to operate under Federal permits is a tool to augment the Federal government's ability to directly manage participation and eligibility in this fishery in the future.

Comment 12: Federalizing the drift gillnet fishery will significantly impact the environment. By preventing the opportunity for future state action to reduce environmental impacts, this action will cause significant environmental impacts, such as continued interactions with endangered species. These environmental impacts are significant, and the action requires full and appropriate analysis under the National Environmental Policy Act (NEPA). Reliance on a categorical exclusion (CE) to satisfy NEPA requirements would be inappropriate for the proposed action, as it involves several Extraordinary Circumstances, including (1) adverse effects from the action on species or habitats protected by the Endangered Species Act, the Marine Mammal Protection Act, the MSA, the National Marine Sanctuaries Act, or the Migratory Bird Treaty Act that are not negligible or discountable; (2) a potential violation of Federal, State, or local law or requirements imposed for the protection of the environment; and (3) highly controversial environmental effects.

Response: The impacts of DGN fishing are addressed adequately in the combined August 2013 HMS FMP and final environmental impact statement. Amendment 5 is not expected in itself to change fishing levels or practices. NMFS has conducted the appropriate NEPA analysis of this action and has concluded that the proposed action would not have a significant effect, individually or cumulatively, on the human environment, and does not involve any extraordinary circumstances. NMFS disagrees that a CE is inappropriate for this action. Specifically, this action fits under the description of CE Category A1 in the NAO 216-6A Companion Manual: “an action that is a technical correction or a change to a fishery management action or regulation, which does not result in a substantial change in any of the following: fishing location, timing, effort, authorized gear types, or harvest levels.” However, NMFS notes it is possible that Amendment 5 could facilitate changes in the future that affect fishing practices with impacts that could be subject to NEPA analyses, as appropriate.

Comment 13: NMFS must delay taking action to federalize the LE system until after a new Biological Opinion is complete, as it will contain information vital for the decision of whether and how to federalize the fishery. In the absence of a new Biological Opinion, NMFS' statement that they do not anticipate significant environmental impacts is unsupported by environmental analysis and should not be relied upon in deciding whether to move finalize federalization.

Response: NMFS disagrees. Nothing in this rule causes fishing activities to affect endangered and threatened species or critical habitat in any manner not considered in prior consultations on this fishery. This action is administrative in nature and is not expected to increase fishing activity or change current fishing practices.

Changes From the Proposed Rule

No changes have been made to regulatory text of the proposed rule.

Classification

The Administrator, West Coast Region, NMFS, determined that Amendment 5 to the HMS FMP is necessary for the conservation and management of the DGN fishery and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws.

This final rule has been determined to be not significant for purposes of Executive Order 12866. This final rule is not an Executive Order 13771 regulatory action because this final rule is not significant under Executive Order 12866.

The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared.

This final rule contains a collection-of-information requirement subject to the Paperwork Reduction Act (PRA) and which has been approved by OMB under control number 0648-0204. The public reporting burden for the additional collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding these burden estimates or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES) and by email to [email protected], or fax to 202-395-7285.

Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. All currently approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 660

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: March 9, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 660 is amended as follows:

PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: Authority:

16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.

2. In § 660.702, revise the definition of “Sustainable Fisheries Division” to read as follows:

Sustainable Fisheries Division (SFD) means the Assistant Regional Administrator for Sustainable Fisheries, West Coast Region, NMFS, or his or her designee.

3. In § 660.707, revise paragraphs (a)(1) and (4), (b)(1), (3), and (4), and (e) and add paragraph (f) to read as follows:
§ 660.707 Permits.

(a) * * *

(1) A commercial fishing vessel of the United States must be registered for use under a general HMS permit that authorizes the use of specific gear, and a recreational charter vessel must be registered for use under a HMS permit if that vessel is used:

(i) To fish for HMS in the U.S. EEZ off the States of California, Oregon, and Washington; or

(ii) To land or transship HMS shoreward of the outer boundary of the U.S. EEZ off the States of California, Oregon, and Washington.

(4) Only a person eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or otherwise) a general HMS permit.

(b) * * *

(1) Following publication of the final rule implementing the FMP, NMFS will issue general HMS permits to the owners of those vessels on a list of vessels obtained from owners previously applying for a permit under the authority of the High Seas Fishing Compliance Act, the Tuna Conventions Act of 1950, the Marine Mammal Protection Act, and the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region, or whose vessels are listed on the vessel register of the Inter-American Tropical Tuna Commission.

(3) An owner of a vessel subject to these requirements who has not received a permit under this section from NMFS and who wants to engage in the fisheries must apply to the SFD for the required permit in accordance with the following:

(i) A West Coast Region Federal Fisheries application form may be obtained from the SFD or downloaded from the West Coast Region home page (http://www.westcoast.fisheries.noaa.gov/permits/commercial_fishing_research_permits.html) to apply for a permit under this section. A completed application is one that contains all the necessary information and signatures required.

(ii) A minimum of 15 days should be allowed for processing a permit application. If an incomplete or improperly completed application is filed, the applicant will be sent a notice of deficiency. If the applicant fails to correct the deficiency within 30 days following the date of notification, the application will be considered abandoned.

(iii) A permit will be issued by the SFD. If an application is denied, the SFD will indicate the reasons for denial.

(iv)(A) Any applicant for an initial permit may appeal the initial issuance decision to the Regional Administrator. To be considered by the Regional Administrator, such appeal must be in writing and state the reasons for the appeal, and must be submitted within 30 days of the action by the Regional Administrator. The appellant may request an informal hearing on the appeal.

(B) Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, or permit holder as appropriate, and will request such additional information and in such form as will allow action upon the appeal.

(C) Upon receipt of sufficient information, the Regional Administrator will decide the appeal in accordance with the permit provisions set forth in this section at the time of the application, based upon information relative to the application on file at NMFS and the Council and any additional information submitted to or obtained by the Regional Administrator, the summary record kept of any hearing and the hearing officer's recommended decision, if any, and such other considerations as the Regional Administrator deems appropriate. The Regional Administrator will notify all interested persons of the decision, and the reasons for the decision, in writing, normally within 30 days of the receipt of sufficient information, unless additional time is needed for a hearing.

(D) If a hearing is requested, or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer designated for that purpose after first giving notice of the time, place, and subject matter of the hearing to the applicant. The appellant, and, at the discretion of the hearing officer, other interested persons, may appear personally or be represented by counsel at the hearing and submit information and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend in writing a decision to the Regional Administrator.

(E) The Regional Administrator may adopt the hearing officer's recommended decision, in whole or in part, or may reject or modify it. In any event, the Regional Administrator will notify interested persons of the decision, and the reason(s) therefore, in writing, within 30 days of receipt of the hearing officer's recommended decision. The Regional Administrator's decision will constitute the final administrative action by NMFS on the matter.

(F) Any time limit prescribed in this section may be extended for a period not to exceed 30 days by the Regional Administrator for good cause, either upon his or her own motion or upon written request from the appellant stating the reason(s) therefore.

(4) General HMS permits issued under this subpart will remain valid until the first date of renewal, and permits may be subsequently renewed for 2-year terms. The first date of renewal will be the last day of the vessel owner's birth month in the second calendar year after the permit is issued (e.g., if the birth month is March and the permit is issued on October 3, 2007, the permit will remain valid through March 31, 2009).

(e) Fees. An application for a permit, or renewal of an existing permit under this section will include a fee for each vessel. The fee amount required will be calculated in accordance with the NOAA Finance Handbook and specified on the application form.

(f) Federal limited entry drift gillnet permit—(1) General. This section applies to individuals fishing with large-mesh (14 inch or greater stretched mesh) drift gillnet (DGN) gear. Individuals who target, retain, transship, or land fish captured with a large-mesh DGN must possess a valid Federal limited entry DGN permit. Federal limited entry DGN permits are issued to an individual, and a vessel must be specified on the permit.

(2) Initial qualification. Upon publication of NMFS' final rule to establish the Federal limited entry DGN permit, all State of California limited entry DGN permit holders are eligible to obtain a Federal limited entry DGN permit. If a 2017-2018 California state DGN permit renewal application is not received by the California Department of Fish and Wildlife or postmarked by March 31, 2018, the permit holder is not eligible to receive a 2018-2019 Federal limited entry DGN permit.

(3) Documentation and burden of proof. An individual applying for issuance, renewal, transfer, or assignment of a Federal limited entry DGN permit must prove that they meet the qualification requirements by submitting the following documentation, as applicable: A certified copy of the assigned vessel's documentation as a fishing vessel of the United States (U.S. Coast Guard or state) is the best evidence of vessel identification; a copy of a current State of California limited entry DGN permit is the best evidence of initial qualification for a Federal limited entry DGN permit; a copy of a written contract reserving or conveying limited entry rights is the best evidence of reserved or acquired rights; and other relevant, credible evidence that the applicant may wish to submit or that the SFD may request or require.

(4) Fees. Any processing fee will be determined by the service costs needed to process a permit request. If a fee is required, it would cover administrative expenses related to issuing limited entry permits, as well as renewing, transferring, assigning, and replacing permits. The amount of any fee will be calculated in accordance with the procedures of the NOAA Finance Handbook for determining the administrative costs of each special product or service. A fee may not exceed such costs and is specified with each application form. The appropriate fee must accompany each application.

(5) Initial decisions. (i) The SFD will make initial decisions regarding issuing, renewing, transferring, and assigning limited entry permits.

(ii) Adverse decisions shall be in writing and shall state the reasons for the adverse decision.

(iii) The SFD may decline to act on an application for issuing, renewing, transferring, or assigning a limited entry permit and will notify the applicant, if the permit sanction provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and implementing regulations at 15 CFR part 904, subpart D, apply.

(6) Issuance. Federal limited entry DGN permits will be issued by the SFD. If an application is denied, the SFD will indicate the reasons for denial. A DGN permit will be issued to an individual and assigned to a specific vessel. A permit holder may assign the permit to another vessel once per permit year (April 1 to March 31).

(7) Appeals. Any applicant for an initial permit may appeal the initial issuance decision to the Regional Administrator. Appeals will be made and processed following procedures as described at paragraph (b)(3)(iv) of this section.

(8) Transfers. Federal limited entry DGN permits may be transferred to another individual only if the current permit holder has held the Federal DGN permit for a minimum of three consecutive years (counted April 1 to March 31 of the following year). At the time of the establishment of the Federal limited entry DGN permit system, the length of time an individual has held a State of California limited entry DGN permit carries over (e.g., if an individual has held a California DGN permit for two years, they are eligible to transfer the Federal DGN permit after holding the Federal DGN permit for one year). Exceptions to this limitation on permit transfer may be made under the following circumstances:

(i) The permit holder suffers from a serious illness or permanent disability that prevents the permit holder from earning a livelihood from commercial fishing.

(ii) If a deceased permit holder's estate or heirs submit a transfer request within six months of the permit holder's death.

(iii) Upon dissolution of marriage if the permit is held as community property.

(9) Renewals. (i) The SFD will send notices to renew limited entry permits to the most recent address of the permit holder on file.

(ii) The permit owner is responsible for renewing a limited entry permit.

(iii) The deadline for receipt or postmark of a Federal DGN permit renewal application is April 30 of the permit year (i.e., April 30, 2019 for 2019-2020 fishing season). Federal DGN permits must be renewed yearly.

(iv) A DGN permit that is allowed to expire will not be renewed unless the permit owner requests reissuance by July 31 (three months after the renewal application deadline) and NMFS determines that failure to renew was proximately caused by illness, injury, or death of the permit owner. If the permit expires, it will be forfeited and NMFS will not reissue the permit to anyone.

(10) Owner on-board requirement. (i) Except as provided in paragraphs (f)(10)(ii) through (v) of this section, the DGN permit holder must be on-board the vessel and in possession of a valid Federal limited entry DGN permit when engaged in DGN fishing activity.

(ii) A permit holder may designate another individual to fish under their permit for up to 15 days per fishing year (April 1 to March 31 of the following year); the substitute must comply with all other Federal permitting requirements. A permit holder shall notify NMFS of a substitution at least 24 hours prior to the commencement of the trip.

(iii) If the person who owns a Federal DGN permit is prevented from being on-board a fishing vessel because the person died, is ill, or is injured, NMFS may allow an exemption to the owner on-board requirement for more than 15 days. The person requesting the exemption must send a letter to NMFS requesting an exemption from the owner on-board requirements, with appropriate evidence as described at paragraph (f)(10)(iv) or (v) of this section. All exemptions for death, injury, or illness will be evaluated by NMFS and a decision will be made in writing to the permit owner (or, in the case of the death of the permit owner, to the estate or heirs of the permit owner) within 60 calendar days of receipt of the original exemption request.

(iv) Evidence of death of the permit owner shall be provided to NMFS in the form of a copy of a death certificate. In the interim before the estate is settled, if the deceased permit owner was subject to the owner on-board requirements, the estate of the deceased permit owner may send a letter to NMFS with a copy of the death certificate, requesting an exemption from the owner-on-board requirements. An exemption due to death of the permit owner will be effective only until such time that the estate of the deceased permit owner has registered the deceased permit owner's permit to a beneficiary, transferred the permit to another owner, or three years after the date of death as proven by a death certificate, whichever is earliest. An exemption from the owner-on-board requirement will be conveyed in a letter from NMFS to the estate of the permit owner and is required to be on the vessel during DGN fishing operations.

(v) Evidence of illness or injury that prevents the permit owner from participating in the fishery shall be provided to NMFS in the form of a letter from a certified medical practitioner. This letter must detail the relevant medical conditions of the permit owner and how those conditions prevent the permit owner from being on-board a fishing vessel during DGN fishing. An exemption due to injury or illness will be effective only for the fishing year of the request for exemption. In order to extend a medical exemption for a succeeding year, the permit owner must submit a new request and provide documentation from a certified medical practitioner detailing why the permit owner is still unable to be on-board a fishing vessel. An exemption from the owner-on-board requirement will be conveyed in a letter from NMFS to the permit owner and is required to be on the vessel during DGN fishing operations.

[FR Doc. 2018-05186 Filed 3-13-18; 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-XF900 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in 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 pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2018 total allowable catch of pollock for Statistical Area 610 in the GOA.

DATES:

Effective 1200 hrs, Alaska local time (A.l.t.), March 9, 2018, through 1200 hrs, A.l.t., March 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.

The A season allowance of the 2018 total allowable catch (TAC) of pollock in Statistical Area 610 of the GOA is 1,317 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018).

In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allowance of the 2018 TAC of pollock in Statistical Area 610 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,167 mt and is setting aside the remaining 150 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 pollock in Statistical Area 610 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 closure of directed fishing for pollock in Statistical Area 610 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 8, 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 9, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2018-05133 Filed 3-9-18; 4:15 pm] BILLING CODE 3510-22-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769-8162-02] RIN 0648-XG078 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in 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 pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2018 total allowable catch of pollock for Statistical Area 630 in the GOA.

DATES:

Effective 1200 hours, Alaska local time (A.l.t.), March 10, 2018, through 1200 hours, A.l.t., May 31, 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.

The B season allowance of the 2018 total allowable catch (TAC) of pollock in Statistical Area 630 of the GOA is 4,184 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018).

In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the B season allowance of the 2018 TAC of pollock in Statistical Area 630 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,684 mt and is setting aside the remaining 500 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 pollock in Statistical Area 630 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 closure of directed fishing for pollock in Statistical Area 630 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 8, 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 9, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2018-05167 Filed 3-9-18; 4:15 pm] BILLING CODE 3510-22-P
83 50 Wednesday, March 14, 2018 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Chapter I [NRC-2018-0044] Clarification on Endorsement of Nuclear Energy Institute Guidance in Designing Digital Upgrades in Instrumentation and Control Systems AGENCY:

Nuclear Regulatory Commission.

ACTION:

Draft regulatory issue summary; request for comment and public meeting.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on the draft Regulatory Issue Summary (RIS) 2002-22, Supplement 1, “Clarification on Endorsement of Nuclear Energy Institute Guidance in Designing Digital Upgrades in Instrumentation and Control Systems.” This RIS Supplement clarifies the guidance in RIS 2002-22, which remains in effect. The NRC continues to endorse Nuclear Energy Institute 01-01 (NEI-01-01) as stated in RIS 2002-22, as clarified by the RIS Supplement.

DATES:

Submit comments by March 29, 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-2018-0044. 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:

Tekia Govan, Office of Nuclear Reactor Regulation (NRR), telephone: 301-415-6197, email: [email protected] of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments A. Obtaining Information

Please refer to Docket ID NRC-2018-0044 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-2018-0044.

NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The draft RIS is available in ADAMS under Accession No. ML18051A084.

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-2018-0044 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 RIS is intended for all holders of and applicants for power reactor operating licenses or construction permits under 10 CFR part 50, “Domestic Licensing of Production and Utilization Facilities,” all holders of, and applicants for, a power reactor combined license, standard design approval, or manufacturing license, and all applicants for a standard design certification, under 10 CFR part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants,” and all holders of, and applicants for, a construction permit or an operating license for non-power production or utilization facilities under 10 CFR part 50, including all existing non-power reactors and proposed facilities for the production of medical radioisotopes, such as molybdenum-99, except those that have permanently ceased operations and have returned all of their fuel to the U.S. Department of Energy.

In 2002, the NRC staff issued RIS 2002-22 to notify addressees that the NRC staff had reviewed NEI-01-01 and was endorsing the report for use as guidance in designing and implementing digital upgrades to nuclear power plant instrumentation and control systems. Following the NRC staff's 2002 endorsement of NEI 01-01, holders of operating licenses have used this guidance in support of digital design modifications implemented without prior NRC approval in accordance with 10 CFR 50.59. The NRC inspections of documentation for these activities uncovered inconsistencies in the performance and documentation of engineering evaluations and associated technical bases for determinations on the 10 CFR 50.59(c)(2) evaluation criteria. This RIS Supplement clarifies the RIS 2002-22 endorsement of the NEI 01-01 guidance by providing additional guidance for developing and documenting “qualitative assessments” that are used to provide an adequate basis for a licensee's determination that a digital modification will exhibit a low likelihood of failure to support a conclusion when applying 10 CFR 50.59 that a license amendment is not needed.

The NRC published a notice of opportunity for public comment on this RIS in the Federal Register on July 3, 2017 (82 FR 30913). Following that notice, the NRC staff engaged in multiple communications with the public and stakeholders and continued internal discussions about the RIS. As a result of these efforts, the NRC has substantially rewritten the RIS. Due to the extensive nature of these revisions, and in light of this additional opportunity for comment, the NRC is not directly responding to each comment received in the previous comment period. All comments and other communications associated with the previous version of this RIS can be found in ADAMS under Accession No. ML18039A804.

Proposed Action

The NRC is requesting public comments on the draft RIS. To the extent that the NRC's revisions have not resolved a comment that was submitted in the previous comment period, the NRC asks that such comments be resubmitted for further consideration. Because of the extensive communication about this RIS, the NRC believes that stakeholders will be able to submit comments quickly. In addition, the NRC seeks to issue this RIS as expeditiously as possible to minimize misunderstandings about the NRC's requirements for digital I&C modifications under 10 CFR 50.59. Therefore, the NRC is publishing the draft RIS with a 15 day comment period. Requests for extension of the comment period may be submitted as described above in the ADDRESSEES section.

The NRC is also requesting specific comments on Figure 1 in the attachment of the draft RIS:

• Does Figure 1 clearly explain the engineering evaluation process (as described in Section 4 of the RIS attachment) to determine sufficient dependability, which may be used in performing and documenting a qualitative assessment (as described in Section 3 of the RIS attachment)?

• How could the figure and/or explanatory text in the draft RIS be modified to clarify the relationship between the engineering evaluation and qualitative assessment approaches described in the draft RIS?

The NRC plans to hold a public meeting to discuss this RIS and the issues associated with clarification of the applicability of the endorsed NEI 01-01 guidance. All comments that are to receive consideration in the final RIS must still be submitted electronically or in writing as indicated in the ADDRESSES section of this document. Additional details regarding the meeting will be posted at least 10 days prior to the public meeting on the NRC's Public Meeting Schedule website at http://www.nrc.gov/public-involve/public-meetings/index.cfm. 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 day of March 7, 2018.

For the Nuclear Regulatory Commission.

Tekia Govan, Project Manager, ROP Support and Generic Communication Branch, Division of Inspection and Regional Support, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-04958 Filed 3-13-18; 8:45 am] BILLING CODE 7590-01-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0290; FRL-9975-14-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Regulatory Amendments Addressing Reasonably Available Control Technology Requirements Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule.

SUMMARY:

The Environmental Protection Agency (EPA) is proposing rulemaking action on a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania (Pennsylvania or the Commonwealth). This revision consists of regulatory amendments intended to meet certain reasonably available control technology (RACT) requirements under the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). EPA is proposing to approve most parts of the Pennsylvania SIP revision as meeting RACT requirements under the Clean Air Act (CAA). EPA is also proposing to conditionally approve certain provisions of this SIP revision, based upon Pennsylvania's commitment to submit additional enforceable measures that meet RACT. This action is being taken under the CAA.

DATES:

Written comments must be received on or before April 13, 2018.

ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-R03-OAR-2017-0290 at http://www.regulations.gov, or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the “For Further Information Contact” section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT:

Emlyn Vélez-Rosa, (215) 814-2038, or by email at [email protected]

SUPPLEMENTARY INFORMATION:

On May 16, 2016, the Pennsylvania Department of Environmental Protection (PADEP) submitted a revision to the Pennsylvania SIP consisting of amendments to regulations in 25 Pa. Code Chapters 121 and 129, to meet certain RACT requirements of the CAA for both the 1997 and 2008 8-hour ozone NAAQS.

I. Background

The Pennsylvania May 16, 2016 SIP revision submitted by PADEP includes the Pennsylvania regulations in 25 Pa. Code sections 129.96-129.100 titled “Additional RACT Requirements for Major Sources of NOX and VOCs” (the RACT II Rule) and amendments to 25 Pa. Code section 121.1, including related definitions, to be incorporated into the Pennsylvania SIP. These regulatory amendments were adopted by PADEP on April 23, 2016 and effective on the same date upon publication in the Pennsylvania Bulletin. The May 16, 2016 SIP revision was submitted to satisfy certain CAA RACT requirements under both the 1997 and 2008 8-hour ozone NAAQS for specific source categories.

On July 18, 1997 (62 FR 38856), EPA promulgated a standard for ground level ozone based on 8-hour average concentrations (1997 8-hour ozone NAAQS). The 8-hour averaging period replaced the previous 1-hour averaging period, and the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. On April 30, 2004 (69 FR 23858), EPA designated nonattainment areas under the 1997 8-hour ozone NAAQS. Designations included 16 nonattainment areas in Pennsylvania, with only 2 moderate nonattainment areas, namely Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE (the Philadelphia Area) and Pittsburgh-Beaver Valley (the Pittsburgh Area). The remaining 14 areas in Pennsylvania were designated marginal nonattainment areas. See 40 CFR 81.339.

On March 12, 2008 (73 FR 16436), EPA strengthened the 8-hour ozone standards, by revising its level to 0.075 ppm averaged over an 8-hour period (2008 8-hour ozone NAAQS). On May 21, 2012, EPA designated most areas in the country for the 2008 8-hour ozone NAAQS, including 5 marginal nonattainment areas in Pennsylvania: Allentown-Bethlehem-Easton, Lancaster, Reading, the Philadelphia Area, and the Pittsburgh Area. See 77 FR 30088 and 40 CFR 81.339.

On March 6, 2015 (80 FR 12264), EPA announced its revocation of the 1997 8-hour ozone NAAQS for all purposes and for all areas in the country, effective on April 6, 2015. EPA also determined that certain nonattainment planning requirements continue to be in effect under the revoked standard for nonattainment areas under the 1997 8-hour ozone NAAQS, including RACT. See 80 FR 12296 (March 6, 2015).

A. RACT Requirements for Ozone

The CAA regulates emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC) to prevent photochemical reactions that result in ozone formation. RACT is an important strategy for reducing NOX and VOC emissions from major stationary sources within areas not meeting the ozone NAAQS.

Areas designated nonattainment for the ozone NAAQS are subject to the general nonattainment area planning requirements of CAA section 172. Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include reasonably available control measures (RACM) for demonstrating attainment of all NAAQS, including emissions reductions from existing sources through adoption of RACT. Further, section 182(b)(2) of the CAA sets forth additional RACT requirements for ozone nonattainment areas classified as moderate or higher nonattainment.

Section 182(b)(2) of the CAA sets forth three distinct requirements regarding RACT for the ozone NAAQS: First, section 182(b)(2)(A) requires states with ozone areas designated moderate or higher to submit a rule (or negative declaration) for each category of VOC sources in the nonattainment area covered by a Control Technique Guideline (CTG) document issued by EPA between November 15, 1990 and the date of attainment for an ozone NAAQS. These rules shall be submitted as SIP revisions within the period set forth by EPA in issuing the relevant CTG document. Second, section 182(b)(2)(B) requires a rule (or negative declaration) for all VOC sources in the nonattainment area covered by any CTG issued before November 15, 1990. And third, section 182(b)(2)(C) requires a rule or rules for implementing RACT for any other major stationary sources of VOCs located in the nonattainment area.

In addition, section 182(f) subjects major stationary sources of NOX to the same RACT requirements that are applicable to major stationary sources of VOC. EPA has not issued any CTGs for categories of NOX sources, so the requirement in section 182(f) in essence refers to section 182(b)(2)(C). The ozone RACT requirements under section 182(b)(2) are usually referred to as VOC CTG RACT, non-CTG major VOC RACT, and major NOX RACT.

Pursuant to section 183(c) of the CAA, EPA must revise and update CTGs and Alternative Control Techniques guidelines (ACTs) as the Administrator determines necessary. EPA's CTGs establish presumptive RACT level control requirements for various source categories. The CTGs usually identify a particular control level which EPA recommends as being RACT. In some cases, EPA has issued ACTs for source categories, which in contrast to the CTGs, only present a range for possible control options but do not identify any particular option as the presumptive norm for what is RACT. States are required to address RACT for the source categories covered by CTGs through adoption of rules as part of the SIP.

Section 184(b)(1)(B) of the CAA applies the RACT requirements in section 182(b)(2) for moderate nonattainment areas to nonattainment areas classified as marginal and to attainment areas located within ozone transport regions established pursuant to section 184 of the CAA. Section 184(a) of the CAA established by law the current Ozone Transport Region (the OTR) comprised of 12 eastern states, including Pennsylvania. The requirement in section 184(b)(1)(B) is referred to as OTR RACT. A “major source” is defined based on the source's potential to emit (PTE) of NOX, VOC, or both pollutants, and the applicable thresholds differ based on the classification of the nonattainment area in which the source is located. See sections 182(c)-(f) and 302 of the CAA.

Since the 1970's, EPA has consistently defined RACT as the lowest emission limit that a particular source is capable of meeting by the application of the control technology that is reasonably available considering technological and economic feasibility. See December 9, 1976 memorandum from Roger Strelow, Assistant Administrator for Air and Waste Management, to Regional Administrators, “Guidance for Determining Acceptability of SIP Regulations in Non-Attainment Areas,” and also 44 FR 53762 (September 17, 1979).

EPA has provided more substantive RACT requirements through final implementation rules for each ozone NAAQS as well as through guidance. In 2004 and 2005, EPA promulgated an implementation rule for the 1997 8-hour ozone NAAQS in two phases (“Phase 1 of the 1997 Ozone Implementation Rule” and “Phase 2 of the 1997 Ozone Implementation Rule”). See 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005), respectively. Particularly, the Phase 2 Ozone Implementation Rule addressed RACT statutory requirements under the 1997 8-hour ozone NAAQS. See 70 FR 71652.

On March 6, 2015, EPA issued its final rule for implementing the 2008 8-hour ozone NAAQS (“the 2008 Ozone SIP Requirements Rule”). See 80 FR 12264. At the same time, EPA revoked the 1997 8-hour ozone NAAQS, effective on April 6, 2015.1 The 2008 Ozone SIP Requirements Rule provided comprehensive requirements to transition from the revoked 1997 8-hour ozone NAAQS to the 2008 8-hour ozone NAAQS, as codified in 40 CFR part 51, subpart AA, following revocation. Consistent with previous policy, EPA determined that areas designated nonattainment for both the 1997 and 2008 8-hour ozone NAAQS at the time of revocation, must retain implementation of certain nonattainment area requirements (i.e. anti-backsliding requirements) for the 1997 8-hour ozone NAAQS as specified under section 182 of the CAA, including RACT. See 40 CFR 51.1100(o). An area remains subject to the anti-backsliding requirements for a revoked NAAQS until EPA approves a redesignation to attainment for the area for the 2008 8-hour ozone NAAQS. There are no effects on applicable requirements for areas within the OTR, as a result of the revocation of the 1997 8-hour ozone NAAQS. Thus, Pennsylvania, as a state within the OTR, remains subject to RACT requirements for both the 1997 ozone NAAQS and the 2008 ozone NAAQS.

1 On February 16, 2018, the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir. Court) issued an opinion on the 2008 Ozone SIP Requirements Rule. South Coast Air Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018). The D.C. Cir. Court found certain parts reasonable and denied the petition for appeal on those. In particular, the D.C. Cir. Court upheld the use of NOX averaging to meet RACT requirements for 2008 ozone NAAQS. However, the Court also found certain other provisions, not relevant to this action, unreasonable. The D.C. Cir. Court vacated the provisions it found unreasonable.

In addressing RACT, the 2008 Ozone SIP Requirements Rule is consistent with existing policy and Phase 2 of the 1997 Ozone Implementation Rule. In the 2008 Ozone SIP Requirements Rule, EPA requires RACT measures to be implemented by January 1, 2017 for areas classified as moderate nonattainment or above and all areas of the OTR. EPA also provided in the 2008 Ozone SIP Requirements Rule that RACT SIPs must contain adopted RACT regulations, certifications where appropriate that existing provisions are RACT, and/or negative declarations stating that there are no sources in the nonattainment area covered by a specific CTG source category. In the preamble to the 2008 Ozone SIP Requirements Rule, EPA clarified that states must provide notice and opportunity for public comment on their RACT SIP submissions, even when submitting a certification that the existing provisions remain RACT or a negative declaration. States must submit appropriate supporting information for their RACT submissions, in accordance with the Phase 2 of the 1997 Ozone Implementation Rule. Adequate documentation must support that states have considered control technology that is economically and technologically feasible in determining RACT, based on information that is current as of the time of development of the RACT SIP.

In addition, in the 2008 Ozone SIP Requirements Rule, EPA clarified that states can use weighted average NOX emissions rates from sources in the nonattainment area for meeting the major NOX RACT requirement under the CAA, as consistent with existing policy.2 EPA also recognized that states may conclude in some cases that sources already addressed by RACT determinations for the 1-hour and/or 1997 8-hour ozone NAAQS may not need to implement additional controls to meet the 2008 ozone NAAQS RACT requirement. See 80 FR 12278-12279.

2 EPA's NOX RACT guidance “Nitrogen Oxides Supplement to the General Preamble” (57 FR 55625; November 25, 1992) encouraged states to develop RACT programs that are based on “area wide average emission rates.” Additional guidance on area-wide RACT provisions is provided by EPA's January 2001 economic incentive program guidance titled “Improving Air Quality with Economic Incentive Programs,” available at http://www.epa.gov/ttn/oarpg/t1/memoranda/eipfin.pdf. In addition, as mentioned previously, the D.C. Cir. Court recently upheld the use of NOX averaging to meet RACT requirements for 2008 ozone NAAQS. South Coast Air Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018).

B. Applicability of RACT Requirements in Pennsylvania

As indicated earlier, RACT requirements apply to any ozone nonattainment areas classified as moderate or higher (serious, severe or extreme) under CAA sections 182(b)(2) and 182(f). Pennsylvania has outstanding ozone RACT requirements for both the 1997 and 2008 8-hour ozone NAAQS. The entire Commonwealth of Pennsylvania is part of the OTR established under section 184 of the CAA and thus is subject statewide to the RACT requirements of CAA sections 182(b)(2) and 182(f), pursuant to section 184(b).

At the time of revocation of the 1997 8-hour ozone NAAQS (effective April 6, 2015), only two moderate nonattainment areas remained in the Commonwealth of Pennsylvania for this standard, the Philadelphia and the Pittsburgh Areas. As required under EPA's anti-backsliding provisions, these two moderate nonattainment areas continue to be subject to RACT under the 1997 8-hour ozone NAAQS. Given its location in the OTR, the remainder of the Commonwealth is also treated as moderate nonattainment area under the 1997 8-hour ozone NAAQS for any planning requirements under the revoked standard, including RACT. The OTR RACT requirement is also in effect under the 2008 8-hour ozone NAAQS throughout the Commonwealth, since EPA did not designate any nonattainment areas above marginal for this standard in Pennsylvania. Thus, in practice, the same RACT requirements continue to be applicable in Pennsylvania for both the 1997 and 2008 8-hour ozone NAAQS. RACT must be evaluated and satisfied as separate requirements under each applicable standard.

RACT applies to major sources of NOX and VOC under each ozone NAAQS or any VOC sources subject to CTG RACT. Which NOX and VOC sources in Pennsylvania are considered “major” and must be therefore subject to RACT, is dependent on the location of each source within the Commonwealth. Sources located in nonattainment areas would be subject to the “major source” definitions established under the CAA. In the case of Pennsylvania, sources located in any areas outside of moderate or above nonattainment areas, as part of the OTR, shall be treated as if these areas were moderate.

States were required to make RACT SIP submissions for the 1997 8-hour ozone NAAQS by September 15, 2006. PADEP submitted a SIP revision on September 25, 2006, certifying that a number of previously approved VOC CTG and non-CTG RACT rules continued to satisfy RACT under the 1997 8-hour ozone NAAQS for the remainder of Pennsylvania.3 PADEP has met its obligations under the 1997 8-hour ozone NAAQS for its CTG and non-CTG VOC sources. See 82 FR 31464 (July 7, 2017). RACT control measures addressing all applicable CAA requirements under the 1997 8-hour ozone NAAQS have been implemented and fully approved in the jurisdictions of Allegheny County and Philadelphia County in Pennsylvania. See 78 FR 34584 (June 10, 2013) and 81 FR 69687 (October 7, 2016).

3 The September 15, 2006 SIP submittal initially included Pennsylvania's certification of NOX RACT regulations; however, NOX RACT portions were withdrawn by PADEP on June 27, 2016.

For the 2008 8-hour ozone NAAQS, states were required to submit RACT SIP revisions by July 20, 2014. On May 16, 2016, PADEP submitted a SIP revision addressing RACT under both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. Specifically, the May 16, 2016 SIP submittal intends to satisfy sections 182(b)(2)(C), 182(f), and 184 of the CAA for both the 1997 and 2008 8-hour ozone NAAQS for Pennsylvania's major NOX and VOC non-CTG sources, except ethylene production plants, surface active agents manufacturing, and mobile equipment repair and refinishing.

This notice includes EPA's rationale for proposing rulemaking action on the Pennsylvania May 16, 2016 SIP revision for purposes of meeting these RACT requirements under the CAA. EPA prepared two technical support documents (TSDs) in support of this proposed rulemaking action: “Technical Support Document for the Pennsylvania State Implementation Plan Revision for Certain Reasonably Available Control Technology Requirements under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards” and “Technical Support Document for the Pennsylvania State Implementation Plan Revision for Certain Reasonably Available Control Technology Requirements under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards- Cost Effective Analyses for Coal Fired Boilers.” For further details on this proposed rulemaking action, please refer to these TSDs, which are included as part of this rulemaking docket and are available online at www.regulations.gov.

II. Summary of SIP Revision and EPA's Evaluation

The RACT II Rule applies statewide to existing major NOX and/or VOC sources in Pennsylvania, except those subject to other Pennsylvania regulations, as specified in 25 Pa. Code 129.96(a)-(b).4 All but one of the exempted rules listed in section 129.96(a)-(b) have been previously approved by EPA into the SIP to meet RACT requirements under the CAA. The RACT II Rule exempts all VOC source categories for which PADEP had adopted CTG RACT regulations at the time the RACT II Rule was finalized. In addition, regulations exempted under the RACT II Rule also apply to three non-CTG VOC source categories: (1) Ethylene production plants, (2) surface active agents manufacturing, and (3) mobile equipment repair and refinishing. The RACT II Rule also exempts 25 Pa. Code sections 129.301-129.310, which has not been approved as RACT, although it is approved into the SIP. This regulation establishes NOX control requirements for glass melting furnaces. Any other NOX major sources in Pennsylvania are covered by the RACT II Rule.

4 In the context of the RACT II Rule, the terms “major NOX emitting facility” and “major VOC emitting facility,” as defined in 25 Pa Code section 121.1, are used to refer to major stationary sources.

The RACT II Rule requirements apply to any emissions unit or process at an affected major source having a PTE of 1 ton per year (TPY) or more of NOX and/or VOC. In the context of the rule, existing major sources are those already in existence as of July 20, 2012 or any major sources installed or modified after July 20, 2012, which became a major source before January 1, 2017. The RACT II Rule establishes a general compliance date of January 1, 2017, as provided in paragraphs in 129.97(a) and 129.99(d)(4). EPA recognizes that RACT controls under the 1997 8-hour ozone NAAQS were required to be implemented in Pennsylvania by 2009 and that this requirement is past due; however, EPA believes that the May 16, 2016 SIP revision should sufficiently address the pending RACT obligations under the 1997 8-hour ozone NAAQS by addressing the more stringent RACT level of control under the 2008 8-hour ozone NAAQS. The general compliance date of the RACT II Rule is consistent with EPA's required deadline for states to implement RACT controls under the 2008 8-hour ozone NAAQS. See 80 FR 12279.

The RACT II Rule permits an affected major source that needs additional time to install an air pollution control device to meet the requirements under the RACT II Rule to petition PADEP for an alternative compliance schedule. The RACT II Rule also allows an owner or operator of a major source to petition an alternative compliance schedule if it needs additional time to install an air pollution control device on an affected emissions unit in order to comply with the RACT II requirements. These provisions allow the owner or operator in this situation to petition in writing for an alternative compliance schedule, by proposing an interim emission limit, and a later compliance date to implement such control device “as soon as possible but not later than 3 years after the written approval of the petition.” EPA believes that the language in the rule allows for Pennsylvania's implementation of RACT controls as expeditiously as practicable.

Section 129.97 of the RACT II Rule establishes NOX and VOC emission limits or operational requirements on certain types of emissions units in the affected major sources which Pennsylvania presumes to meet RACT, thus referred to in the rule as presumptive RACT. Operating requirements apply to smaller emissions units; namely, combustion units with rated heat input equal to or greater than 20 million British Thermal Units per hour (MMBTU/hr) and less than 50 MMBTU/hr, NOX sources with PTE of less than 5 TPY, VOC sources with PTE of less than 2.7 TPY, combustion units with rated heat input of less than 20 MMBTU/hour, and emergency generators operating less than 500 hours in a 12-month rolling period. Presumptive RACT NOX limits are provided for combustion units, process heaters, combustion turbines, stationary internal combustion engines, cement kilns, and municipal waste combustors. Presumptive RACT VOC limits are provided for combustion turbines, stationary internal combustion engines, and municipal solid waste landfills.

In evaluating whether controls and emission limitations meet RACT, EPA generally considers controls that have been achieved in practice by other similar existing sources to be technologically and economically feasible. For that reason, to evaluate PADEP's RACT determinations under the RACT II Rule, EPA reviewed NOX emissions limits in effect in adjacent OTR states for certain source categories addressed by Pennsylvania's rule.5 EPA also reviewed and considered guidance documents that have been published to assist states in identifying NOX RACT level of controls. EPA finds that the NOX presumptive limits in 25 Pa. Code section 129.97 of the RACT II Rule are comparable to NOX emission limitations in other states and consistent with EPA's RACT guidance on additional control requirements. EPA finds that the presumptive requirements of the RACT II Rule represent emission limitations achievable through implementation of reasonably available controls. EPA also finds the VOC presumptive limits for combustion turbines and internal combustion engines to be reasonable considering feasibility of available controls. For municipal solid waste landfills, the RACT II Rule incorporates by reference as VOC presumptive limits the federal New Source Performance Standards (NSPS) in 40 CFR part 60, subpart Cc (Subpart Cc) and subpart WWW (Subpart WWW). EPA finds that the NSPS standards represent reasonably achievable NOX emissions limits based on the operation of reasonably available controls, and thus, meet RACT for this source category.

5 EPA evaluated NOX emission limits in adjacent OTR states because the OTR states are all subject to the same RACT requirements for the 1997 and 2008 ozone NAAQS under CAA section 184.

EPA further evaluated the NOX presumptive requirements in 25 Pa. Code section 129.97 of the RACT II Rule that are applicable to large coal-fired boilers. Sources under these requirements would include utility boilers and large industrial boilers, which are a significant NOX emissions sector in Pennsylvania. The RACT II Rule establishes more rigorous requirements for large coal-fired boilers with certain post-combustion controls in place, specifically selective catalytic reduction (SCR), while other coal-fired boilers without these controls in place are the subject of less stringent NOX emissions limits based on the boiler type. EPA finds that the presumptive limit of 0.12 pounds of NOX per heat input in million British Thermal Unit (lb/MMBTU) is consistent with the operation of SCR presently installed and reasonably represents RACT for coal-fired boilers with this control in place. EPA evaluated economic feasibility of installing and operating additional post-combustion controls on any large coal-fired boilers in Pennsylvania that to date do not have these controls, in order to determine which RACT control level is reasonable as a basis for PADEP's presumptive requirements for this subset of boilers. EPA finds that Pennsylvania's presumptive RACT determination for coal-fired boilers without post-combustion controls is reasonable, as it is based on the economic infeasibility of retrofitting coal-fired boilers in Pennsylvania. Thus, EPA concludes that PADEP has adequately established for coal-fired boilers NOX presumptive RACT requirements based on reasonably available controls that therefore represent RACT. For further details, refer to EPA's “Technical Support Document for the Pennsylvania State Implementation Plan Revision for Certain Reasonably Available Control Technology Requirements under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards- Cost Effective Analyses for Coal Fired Boilers.”

Pursuant to 25 Pa. Code section 129.97(g)(4), any combustion unit firing multiple fuels and subject to different presumptive limits for each fuel, must comply with a single NOX or VOC emission limit determined on a total heat input fuel weighted basis for any fuel representing 1% of more of the combustion unit's annual fuel combustion on a heat input basis. EPA finds the RACT II Rule's multiple fuel compliance method practicable and adequate for RACT.

Affected major sources subject to the presumptive requirements of 25 Pa. Code section 129.97 that cannot comply with the applicable presumptive NOX limits for any given emissions units, may choose one of two alternative compliance options to establish RACT. Such sources may either propose an alternative NOX emissions limit based on average NOX emissions from multiple sources or else propose a source-specific emission NOX or VOC limit.

The NOX averaging provisions established in 25 Pa. Code section 129.98 allow the owner or operator of an affected major NOX source that is unable to meet a NOX presumptive limit for at least one of its emissions unit, to establish an alternative RACT limit by averaging the NOX emissions from the non-compliant emissions unit and other emissions units. Participating NOX emissions units can be located either within the same facility (facility-wide averaging) or in another facility but within the same nonattainment area (system-wide averaging). As discussed in the following section, EPA finds that 25 Pa. Code section 129.98 is not sufficient to address RACT for sources seeking averaging, without the specific NOX averaging provisions for any affected sources being submitted to EPA for SIP approval. Therefore, EPA is proposing to conditionally approve the provisions in 25 Pa. Code section 129.98. Additional discussion and explanation for this conditional approval is provided in the following section III of this notice.

Under 25 Pa. Code section 129.99, the owner or operator of an affected major NOX and/or VOC source that is unable to meet a presumptive requirement under section 129.97, may propose an alternative RACT emissions limit, based on the feasibility evaluation of reasonably available controls for each emissions unit. The resulting limits are typically unique to the affected emissions unit and achievable through the application of specific controls, therefore referred to as source-specific RACT limits. In addition, an affected major source of NOX and/or VOC with any emissions unit that is not subject to any presumptive limits or requirements under 25 Pa. Code section 129.97, is required to propose a source-specific RACT limit under 25 Pa. Code section 129.99, similarly based on the evaluation of technologically and economically feasible controls.

Section 129.99 outlines a common procedure for proposing a source-specific RACT limit, whether proposed as an alternative under section 129.99(a) or as required under section 129.99(b)-(c). A written RACT proposal under section 129.99 must be submitted to PADEP or local agency for any affected emissions units with PTE of 5.0 TPY or more of NOX and/or 2.7 TPY or more of VOC. Source-specific limits determined to be adequate by PADEP or local agency will be approved into federally enforceable permits and then submitted for EPA's review and approval into the SIP to meet RACT. As discussed in the following section, EPA finds that 25 Pa. Code section 129.99 is not approvable by itself without further information on specific sources and is therefore not approvable as RACT for sources seeking or required to establish an alternative RACT limit. Therefore, EPA is proposing to conditionally approve the provisions in 25 Pa. Code section 129.99. Additional discussion and explanation for this conditional approval is provided in the section III of this notice.

The RACT II Rule contains certain ancillary provisions to ensure RACT level of control for sources that have been previously subject to RACT or are subject to other federally enforceable requirements. Section 129.97(i) of the RACT II Rule provides that the presumptive requirements in section 129.97 will supersede any RACT requirements of a “RACT permit” issued prior April 23, 2016 under 25 Pa. Code sections 129.91-95, unless the RACT permit contains more stringent requirements. “RACT permits” under 25 Pa. Code sections 129.91-95 were submitted by Pennsylvania as SIP revisions and, if determined to meet RACT, were approved by EPA into the Pennsylvania SIP under 40 CFR 52.2020(d). Section 129.99(k) of the RACT II Rule provides that any source-specific requirements approved under section 129.99 will supersede any similar NOX and/or VOC requirements that have been approved into an existing enforceable permit issued for the affected source prior to April 23, 2016, except to the extent the existing permit requirements are more stringent. Subsequent RACT SIP revisions under section 129.99 must include a demonstration consistent with CAA section 110(l) to supersede any previously SIP approved RACT requirements, and such revisions will be evaluated and acted on by EPA separately. EPA finds that the provisions in sections 129.97(i) and 129.99(k) are approvable, as they adequately ensure that additional SIP revisions establishing RACT for major NOX and non-CTG VOC sources in Pennsylvania reflect the most stringent level of control for the affected sources.

25 Pa. Code section 129.100 of the RACT II Rule establishes compliance demonstration and recordkeeping requirements for affected sources. Specific monitoring and testing requirements are established for sources complying with presumptive RACT requirements under section 129.97. Recordkeeping requirements are established under section 129.100(d) for any affected sources under the RACT II Rule.

Additional compliance demonstration requirements for NOX averaging or source-specific RACT alternative limits will be established by PADEP or the local permitting agency on a source-specific basis, in accordance with sections 129.98 and 129.99, respectively, and consistent with section 129.100. In the case of sources complying with 129.99, such additional compliance demonstration requirements will be submitted to EPA for approval into the SIP, along with the source-specific limits. Because section 129.98 does not contain any similar requirement to submit NOX averaging provisions for approval into the SIP, EPA finds that the RACT II Rule does not sufficiently establish compliance demonstration requirements for sources choosing to comply with NOX averaging under section 129.98, without submitting those additional compliance demonstration requirements to EPA for approval in the SIP. EPA is proposing conditional approval of the NOX averaging provisions in section 129.98, which will address the lack of specific compliance demonstration requirements for sources seeking to comply with these provisions. Additional discussion and explanation for this conditional approval is provided in the section III of this notice.

Any definitions related to the RACT II Rule are codified in 25 Pa. Code section 121.1. The May 16, 2016 SIP revision included amendments to existing definitions: “CEMS—continuous emissions monitoring system,” “major NOX emitting facility,” “major VOC emitting facility,” “stationary internal combustion engine or stationary reciprocating internal combustion engine;” and included new definitions for “process heater,” “refinery gas,” “regenerative cycle combustion cycle combustion turbine,” “simple cycle combustion turbine,” and “stationary combustion turbine.” The definitional changes in 25 Pa. Code section 121.1 are consistent with requirements in the RACT II Rule and are thus approvable under CAA section 110.

EPA finds that the presumptive requirements of 25 Pa. Code section 129.97 represent RACT for the NOX and VOC source categories affected by these provisions. EPA also finds that the applicability requirements of 25 Pa. Code section 129.96, the compliance demonstration requirements of 25 Pa. Code section 129.100, and the definitions in 25 Pa. Code section 121.1 are necessary to implement the RACT requirements of section 129.97. Thus, EPA finds that these particular provisions of the RACT II Rule are approvable in accordance with requirements in CAA sections 110, 172, 182, and 184 as meeting RACT for the affected major sources of non-CTG VOC and major sources of NOX under both the 1997 and 2008 8-hour ozone NAAQS. As discussed in the following section, EPA is also proposing conditional approval of 25 Pa. Code sections 129.98 and 129.99.

Additional details of Pennsylvania's SIP submission and EPA's reasoning for proposing approval of this SIP revision can be found in the “Technical Support Document for the Pennsylvania State Implementation Plan Revision for Certain Reasonably Available Control Technology Requirements under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards,” prepared for this rulemaking action and available online at www.regulations.gov for this rulemaking.

III. Rationale for Proposing Conditional Approval of Certain Provisions

EPA identified deficiencies in 25 Pa. Code sections 129.98 and 129.99, respectively, that prevent full approval of the RACT II Rule SIP revision. The NOX averaging provisions in 25 Pa. Code section 129.98 are deficient because they do not clearly specify how to properly establish an alternative RACT limit and do not require the submission of averaging NOX limits to EPA for SIP approval as RACT. EPA finds that the NOX averaging provisions, particularly as provided in section 129.98(e), are too vague to establish an adequate alternative RACT limit, without a specific determination for each source and specific inclusion into the Pennsylvania SIP of all permit conditions relevant to implementation of the NOX alternative limit for each affected source. Although section 129.98 (e) intended to define the alternative NOX RACT emission limit under a NOX averaging plan, the equation provided only stipulates that the cumulative actual NOX emissions from the emission units included in the averaging plan must be no greater than the cumulative allowable NOX emissions for those emissions units. Section 129.98(e) also specifies that the alternative NOX limit must be based on the application of the relevant presumptive NOX limit (as an emissions rate) under 25 Pa. Code section 129.97 or a more stringent limit and must be expressed as NOX mass emissions; and it requires compliance with the alternative NOX limit determined on a 30-day rolling basis. Neither 25 Pa. Code section 129.98(e) nor any other provision in section 129.98 establish how to properly compute the alternative NOX limit, such that an affected source can consistently establish an alternative limit and the resulting limit is practically and federally enforceable to meet RACT and in accordance with CAA section 110(a)(2)(A).

The lack of specificity in 25 Pa. Code section 129.98 allows certain unbounded discretion in determining an alternative NOX RACT limit, which correspondingly results in our inability to determine if such limit would be adequate for RACT for any major source required to meet RACT. Also, this uncertainty prevents consistent implementation of the NOX averaging provisions and ultimately prevents the adequate enforceability of these provisions as a practical matter. 25 Pa. Code Section 129.98 fails to provide, on its face, a generic mechanism to establish a presumptive alternative NOX limit.

Further, EPA has long interpreted the RACT requirement of the CAA to mean states must adopt and submit regulations that include emission limitations 6 as applicable to the subject sources. In other words, a state would not fully meet the RACT requirement until it established emissions limitations applicable to the appropriate sets of sources. Hence, the NOX averaging provisions in section 129.98, even if sufficiently specific, would not be adequate to fully meet RACT in the absence of the submitted RACT emissions limitations for approval into the SIP.7 Consequently, NOX averaging alternative limits would need to be established on a source-specific basis, and would need to be submitted to EPA for approval into the SIP.8

6 The use of the term emissions limitation is not meant to exclude the use of work practice standards or other operation and maintenance requirements that might be determined to be RACT.

7 EPA's November 7, 1996 Memorandum “Approval Option for Generic RACT Rules Submitted to Meet the non-CTG VOC RACT Requirements and Certain NOX RACT Requirements.”

8 However, as mentioned previously, the D.C. Cir. Court recently upheld the use of NOX averaging to meet RACT requirements for 2008 ozone NAAQS. South Coast Air Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018).

With respect to 25 Pa. Code section 129.99 for source-specific RACT, EPA finds that the generic process to subsequently establish source-specific RACT emissions limits is deficient, because it lacks a date certain by which Pennsylvania must submit the relevant source-specific RACT SIP revisions to EPA to meet RACT requirements for the 1997 and 2008 ozone NAAQS. According to EPA's longstanding policy, such “generic rule” or process cannot fully satisfy RACT, in the absence of the submitted emission limitations.9 Thus, EPA cannot fully approve 25 Pa. Code section 129.99 of the RACT II Rule without the submission of all source-specific RACT limits established under these provisions.

9 EPA's November 7, 1996 Memorandum “Approval Option for Generic RACT Rules Submitted to Meet the non-CTG VOC RACT Requirements and Certain NOX RACT Requirements.”

Further, EPA finds that the RACT II Rule does not specify compliance demonstration requirements for sources choosing to meet RACT by complying with NOX averaging under section 129.98. Section 129.100 only establishes recordkeeping requirements for sources complying with NOX averaging under section 129.98. Section 129.98 requires each source included in the NOX emissions averaging plan to provide methods for demonstrating compliance and recordkeeping and reporting requirements; however, those requirements are not required to be included into the SIP. Because these additional compliance demonstration requirements would need to be determined on a source-specific basis consistent with the limits and affected sources under a NOX averaging plan, EPA requires the submission of such requirements for approval into the SIP, in order for the alternative NOX limits under section 129.98 to be practically and federally enforceable, pursuant to CAA section 110(a)(2)(A).

On September 26, 2017, PADEP submitted a supplemental document to EPA that included PADEP's specific commitments to address the deficiencies in 25 Pa. Code sections 129.98 and 129.99. PADEP committed to submit to EPA, within 12 months of EPA's final rulemaking action, additional SIP revisions that include the portions of enforceable permits containing the terms and conditions relevant for compliance with section 129.98, which would include the alternative NOX limits as averaging plans and relevant compliance demonstration requirements. PADEP also committed to submit within 12 months of EPA's final rulemaking action, additional source-specific RACT SIP revisions containing source-specific RACT limits approved by PADEP under 25 Pa. Code section 129.99. A copy of PADEP's September 22, 2017 documentation containing these commitments is available in the docket for this rulemaking and online at www.regulations.gov.

EPA finds Pennsylvania's commitments adequately address the deficiencies noted in this rulemaking action for 25 Pa. Code sections 129.98 and 129.99 and are a sufficient basis for EPA to propose conditional approval of these provisions as meeting RACT for sources seeking a NOX averaging plan or source-specific RACT. Under section 110(k)(4) of the CAA, EPA may conditionally approve a plan based on a commitment from the state to adopt specific enforceable measures within 1 year from the date of approval. If the state fails to adopt and submit the specified measures by the end of 1 year (from the final conditional approval), or fails to submit anything at all, EPA will revert its conditional approval to a disapproval, triggering additional obligations under sections 179 and 110(c) of the CAA.

In this event, EPA will send a letter to the state finding that it had failed to meet its commitment and that the SIP submittal is disapproved. Subsequently, a disapproval notice will be published in the Federal Register, and appropriate language will be inserted in the Code of Federal Regulations. EPA's disapproval, effective as of the date of the letter to the state, will trigger a “clock” to impose sanctions under section 179(a) and for EPA to issue a federal implementation plan (FIP) under section 110(c)(1). For plan submittals required under Part D, such as ozone RACT, section 179(a) allows for up to 18 months for the state to correct the deficiency that is the subject of a finding or disapproval before EPA is required to impose sanctions. Further, section 110(c)(1) provides for up to 2 years for the state to correct the deficiency, or else additional sanctions apply at this time, and for EPA to approve a new submittal before being obligated to promulgate a FIP. Similarly, if EPA receives a submittal addressing the commitment but determines that the submittal is incomplete, EPA will send a letter to the state making such a finding. As with the failure to submit, the sanctions and FIP clocks will begin as of the date of the finding letter.

In addition, where the state does make a complete submittal by the end of the 1-year period, EPA will have to evaluate that submittal to determine if it may be approved and take final action on the submittal within 12 months after the date EPA determines the submittal is complete. If the submittal does not adequately address the deficiencies that were the subject of the conditional approval, and is therefore not approvable, EPA will go through notice-and-comment rulemaking to disapprove the submittal. The 18-month clock for sanctions and the 2-year clock for a FIP start as of the date of final disapproval. If EPA determines that the rule is approvable, EPA will propose approval of the rule. In either instance, whether EPA finally approves or disapproves the rule, the conditional approval remains in effect until EPA takes its final action.

By conditionally approving 25 Pa. Code sections 129.98 and 129.99, EPA would ensure that adequate RACT limits are established in addition to or as alternative to the presumptive RACT requirements of 25 Pa. Code section 129.97. Additional compliance demonstration requirements would also be approved into the SIP for sources complying with either 25 Pa. Code section 129.98 or 129.99, which would ensure adequate federal and practical enforceability of any additional RACT limits under the RACT II Rule for compliance with CAA section 110(a)(2)(A). In addition, with EPA's conditional approval of these requirements, EPA would set a specific schedule for producing enforceable RACT measures, resulting in more timely implementation of RACT controls in Pennsylvania than would otherwise occur if EPA was to disapprove these provisions and require a federal plan for control.

Conditional approval of 25 Pa. Code sections 129.98 and 129.99 should not result in the approved portions of the RACT II Rule being any more stringent than anticipated or intended by Pennsylvania. 25 Pa. Code 129.99 requires source-specific RACT to receive EPA approval and required sources complying with these requirements to submit an alternative proposal to PADEP by a date certain which has already passed. In addition, compliance with 25 Pa. Code sections 129.98 and 129.99 is intended in most cases as an alternative option for affected sources that are unable to comply with the established presumptive RACT emissions requirements under section 129.97. The presumptive RACT requirements in section 129.97 remain applicable unless and until a source receives approval of an alternative RACT limit (under 25 Pa. Code sections 129.98 and 129.99) and EPA approves such alternative RACT limits into the Pennsylvania SIP. Further, PADEP's September 22, 2017 commitments confirm PADEP's intention to submit alternative RACT limits under 25 Pa. Code sections 129.98 and 129.99 to EPA for SIP approval. The submission of any alternative RACT requirement approved by Pennsylvania as a SIP revision will not supplant the presumptive RACT requirements for purposes of Federal enforceability unless and until the alternative is fully approved by EPA into the SIP.

In conclusion, EPA is proposing conditional approval under CAA section 110(k)(4) only of 25 Pa. Code sections 129.98 and 129.99 of the RACT II Rule for the reasons provided above. EPA is also proposing full approval under CAA 110 of the rest of the RACT II Rule included for incorporation in the Pennsylvania SIP through PADEP's May 16, 2016 SIP submittal, as EPA finds that the remainder of the RACT II Rule meets the intended RACT requirements under sections 172, 182, 184 and 110 of the CAA for the 1997 and 2008 ozone NAAQS.

IV. Proposed Action

EPA's review of the Pennsylvania May 16, 2016 SIP submittal indicates that certain portions of the submittal are adequate to meet RACT requirements under the CAA for both the 1997 and 2008 8-hour ozone NAAQS. EPA is proposing to fully approve into the SIP the provisions in 25 Pa. Code sections 129.96-129.97, and 129.100 of the RACT II Rule and relevant definitions in 25 Pa. Code section 121.1, adopted by Pennsylvania on April 23, 2016, as meeting RACT for the 1997 and 2008 ozone NAAQS. These provisions are adequate to meet the ozone-specific RACT requirements of sections 172, 182(b)(2)(C), 182(f), and 184 of the CAA for both the 1997 and 2008 8-hour ozone NAAQS for specific NOX and VOC sources in Pennsylvania, and in accordance with section 110.

In addition, EPA is proposing to conditionally approve 25 Pa. Code sections 129.98 and 129.99, as these provisions provide alternative RACT requirements which require further PADEP and EPA action in order to meet RACT requirements under the CAA. The provisions of 25 Pa. Code sections 129.98 and 129.99 will become fully approvable, if PADEP submits to EPA, within 12 months of EPA's final action, additional SIP revisions that include any alternative NOX averaging limits and source-specific RACT limits adopted under sections 129.98 and 129.99, respectively, as well as any relevant compliance demonstration requirements. Once EPA has determined that PADEP has satisfied this condition, EPA shall remove the conditional nature of its approval and, at that time, the provisions in 25 Pa. Code sections 129.98 and 129.99 will receive a full approval status. Should PADEP fail to meet this condition, the final conditional approval of 25 Pa. Code sections 129.98 and 129.99 will convert to a disapproval. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

IV. Incorporation by Reference

In this proposed rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the regulatory provisions of 25 Pa. Code sections 129.96-129.100 of the RACT II Rule and related amendments of 25 Pa Code section 121.1, as adopted by Pennsylvania on April 23, 2016. EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact the person identified in the “For Further Information Contact” section of this preamble for more information).

V. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

In addition, this proposed rule, concerning Pennsylvania's 1997 and 2008 8-hour ozone reasonably available control technology for certain major NOx and VOC sources, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

Authority:

42 U.S.C. 7401 et seq.

Dated: February 23, 2018. Cosmo Servidio, Regional Administrator, Region III.
[FR Doc. 2018-04933 Filed 3-13-18; 8:45 am] BILLING CODE 6560-50-P
DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R2-ES-2016-0110; FXES11130900000 178 FF09E42000] RIN 1018-BB79 Endangered and Threatened Wildlife and Plants; Removing the Black-Capped Vireo From the Federal List of Endangered and Threatened Wildlife; Availability of Post-Delisting Monitoring Plan AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule; availability of supplemental information.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft post-delisting monitoring (PDM) plan for the black-capped vireo (Vireo atricapilla). The draft PDM plan describes the methods we propose to monitor the status of the vireo and its habitat, in cooperation with the States of Texas and Oklahoma and other conservation partners, for a 12-year period if we remove this species from the Federal List of Endangered and Threatened Wildlife. The draft PDM plan also provides a strategy for identifying and responding to any future population declines or habitat loss. We are accepting comments on the draft PDM plan.

DATES:

We will accept comments on the draft PDM plan for black-capped vireo until April 13, 2018.

ADDRESSES:

Document availability: The draft PDM plan is available for review on the internet at www.regulations.gov in Docket No. FWS-R2-ES-2016-0110 and at http://endangered.fws.gov and https://www.fws.gov/southwest/es/ArlingtonTexas/. To request a copy of the draft PDM plan, contact us at U.S. Fish and Wildlife Service, Arlington Ecological Services Field Office, 2005 NE Green Oaks Blvd., Suite 140, Arlington, TX 76006; telephone 817-277-1100; facsimile 817-277-1129; [email protected] Supporting documentation we used in preparing the draft PDM plan is available for public inspection, by appointment, during normal business hours, at the above office.

Comment submission: You may submit comments on the draft PDM plan by one of the following methods:

(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-0110, which is the docket number for this rulemaking. Then, click on the Search button. You may submit a comment by clicking on “Comment Now!”

(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R2-ES-2016-0110, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see Request for Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT:

Debra Bills, U.S. Fish and Wildlife Service, Arlington Ecological Services Field Office (see ADDRESSES). If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800/877-8339.

SUPPLEMENTARY INFORMATION:

Background

The black-capped vireo is an insectivorous songbird that breeds in Oklahoma, Texas, and northern Mexico, and winters along the western coastal states of Mexico. The vireo was listed as endangered under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), in 1987, due primarily to nest parasitism by brown-headed cowbirds (Molothrus ater) and loss of habitat from urbanization, grazing, removal of vegetation for range improvement, and succession (52 FR 37420, October 6, 1987).

On December 15, 2016, we published a proposed rule to remove the black-capped vireo from the Federal List of Endangered and Threatened Wildlife (List) (81 FR 90762). Our proposed rule was based largely on the Species Status Assessment (SSA) Report, which characterized the overall species' viability in the future. In the SSA Report, the impact of brown-headed cowbird parasitism on certain locations was expressed in terms of sustainability and expansion of populations. Additionally, the black-capped vireo was identified as “conservation-reliant” due to successful recovery actions being implemented, largely cowbird management. In this document, we provide clarification to the information regarding cowbird management.

The Service believes cowbird management was a major factor leading to the recovery of the species, and the importance of cowbird management was discussed in the SSA Report. Particularly, the black-capped vireo population in Oklahoma and localities in the eastern portion of the Texas range may be reliant on cowbird management periodically, or perpetually, to ensure minimal losses of current population numbers. In this regard, we assume the species may be “conservation reliant,” due to efforts necessary to retain healthy shrublands and reduce brown-headed cowbird parasitism under certain conditions in portions of the range. Based on the comprehensive information collected for the SSA Report, there is inherent uncertainty in forecasting future threats and population status scenarios over a 50-year timeframe. To address this uncertainty and ensure that the black-capped vireo continues to prosper, the SSA Report noted the importance of continued management of known populations of the species. To further this recommendation, the Service has obtained mutual commitments with many of our partners in the form of cooperative management agreements or other strategies to continue to manage known populations of the black-capped vireo and implement the PDM plan. These cooperative management agreements are included in the PDM plan, and provide assurances that PDM will detect trends in the black-capped vireo status and threats and the species' biological status will continue to improve.

In addition, we have corrected errors in Table 14 of the SSA Report (page 105). This table presented the results of forecast scenarios under short- and long-term managed and unmanaged conditions from Table 13, which is correct. Among the corrections to Table 14 was the shifting of one “likely resilient locality” in the short-term worst-case scenario between recovery units, and identifying one less “manageable locality” in the long-term worst-case scenario. These corrections do not change the results of the SSA analysis. The SSA with the corrected table is included in the docket (FWS-R2-ES-2016-0110) for the proposed rule on www.regulations.gov and can also be accessed at https://www.fws.gov/southwest/es/ArlingtonTexas/.

For more background information on the black-capped vireo, refer to our Black-capped Vireo Species Status Assessment (SSA) Report available in the docket (FWS-R2-ES-2016-0110) for the proposed rule on www.regulations.gov and also at https://www.fws.gov/southwest/es/ArlingtonTexas/.

The Act, section 4(g)(1), requires us to implement a system, in cooperation with the States, to effectively monitor the status of each species we remove from the Federal Lists of Endangered and Threatened Wildlife and Plants due to recovery. The monitoring must occur for at least 5 years. The PDM's purpose is to verify that a species we delist due to recovery remains secure from risk of extinction after we remove the Act's protections.

To fulfill the PDM requirement, we drafted a black-capped vireo monitoring plan in cooperation with the Texas Parks and Wildlife Department, Oklahoma Department of Wildlife Conservation, Fort Hood and Fort Sill Military Installations, and The Nature Conservancy of Texas. Over a 12-year period, we propose to monitor abundance trends at managed localities with known populations of greater than 30 adult male vireos, estimate population trends at 4 major localities, and monitor the residual threats of brown-headed cowbird parasitism, land use changes, and densities of livestock and deer.

Abundance monitoring would focus on known black-capped vireo localities under some form of management and for which the SSA Report forecasted future persistence. Through monitoring these localities, we can track abundance trends and compare those to the SSA Report forecasts. Additionally, four major localities with several years of population trend data will continue to be monitored to detect changes in trends over the 12-year period. In conjunction with abundance monitoring, a subset of vireo nests will be monitored to determine brown-headed cowbird parasitism rates at these localities. The PDM plan defines monitoring thresholds which, if reached, may result in additional actions. The monitoring thresholds are based on maintaining resiliency, redundancy, and representation, as described in the black-capped vireo SSA Report. Land use trends, livestock, and deer within the vireo's range will also be monitored to ensure we detect changes that may affect the species.

The draft PDM plan includes both interim and final reporting requirements. If PDM results in a concern regarding the vireo's status or increasing threats, possible responses may include an extended or intensified monitoring effort, additional research, or an increased effort to improve habitat and reduce the threat. If future information collected from the PDM, or any other reliable source, indicates an increased likelihood that the species may become in danger of extinction, we will initiate a black-capped vireo status review and determine if re-listing the species is warranted.

In addition to public review of the draft PDM plan, we are requesting independent expert peer review from knowledgeable individuals with scientific expertise that includes knowledge of song bird ecology and conservation biology principles. Draft PDM plan peer review is in accordance with our policy “Notice of Interagency Cooperative Policy for Peer Review in Endangered Species Act Activities,” published on July 1, 1994 (59 FR 34270).

Viewing Documents

Comments and materials we receive from the public and peer reviewers, as well as supporting documentation we used in preparing the draft PDM plan, will be available for public inspection by appointment, during normal business hours at the Arlington Ecological Services Field Office (see ADDRESSES) and on the internet at www.regulations.gov in Docket No. FWS-R2-ES-2016-0110. Once approved, the final black-capped vireo PDM plan and any future PDM plan revisions will be available at www.regulations.gov and on our web page (http://endangered.fws.gov) and the Arlington Ecological Services Field Office web page (https://www.fws.gov/southwest/es/ArlingtonTexas/).

Request for Public Comments

We intend for our final PDM plan to be as accurate and as effective as possible. Therefore, we request comments or suggestions on this black-capped vireo draft PDM plan from the public, concerned governmental agencies, the scientific community, industry, or any other interested party. We will take into consideration substantive comments we receive by the comment due date (see DATES). These comments, and any additional information we receive, may lead us to develop a final PDM plan that differs from this draft PDM plan. If you have already submitted a comment in response to the proposed rule, the comment has been incorporated into the record for the rulemaking, is being considered, and does not need to be submitted again.

Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire document—including your personal identifying information—may be made publicly available at any time. While you may request at the top of your document that we withhold this information from public review, we cannot guarantee that we will be able to do so.

Authors

The primary authors of this document are staff at the Arlington Ecological Services Field Office (see ADDRESSES).

Authority

The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

Dated: February 7, 2018. James W. Kurth. Deputy Director, U.S. Fish and Wildlife Service Exercising the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-05146 Filed 3-13-18; 8:45 am] BILLING CODE 4333-15-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648-BG75 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries AGENCY:

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

ACTION:

Notice of availability (NOA); request for comments.

SUMMARY:

The South Atlantic Fishery Management Council (South Atlantic Council) and Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council) have submitted the For-hire Reporting Amendment for review, approval, and implementation by NMFS. The For-hire Reporting Amendment includes Amendment 27 to the Fishery Management Plan (FMP) for Coastal Migratory Pelagic (CMP) Resources of the Gulf and Atlantic Region (CMP FMP), Amendment 9 to the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin Wahoo FMP), and Amendment 39 to the FMP for Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). If approved by the Secretary of Commerce, the For-hire Reporting Amendment would establish new, and revise existing, electronic reporting requirements for federally permitted charter vessels and headboats (for-hire vessels), respectively. The For-hire Reporting Amendment would require a charter vessel with a Federal charter vessel/headboat permit for Atlantic CMP, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species to submit an electronic fishing report weekly, or at shorter intervals if notified by NMFS, through NMFS approved hardware and software. The For-hire Reporting Amendment would also reduce the time allowed for headboats to submit an electronic fishing report. The purpose of the For-hire Reporting Amendment is to increase and improve fisheries information collected from federally permitted for-hire vessels in the Atlantic. The information is expected to improve recreational fisheries management of the for-hire component in the Atlantic.

DATES:

Written comments on the For-hire Reporting Amendment must be received by May 13, 2018.

ADDRESSES:

You may submit comments on the For-hire Reporting Amendment, identified by “NOAA-NMFS-2017-0152,” by either of the following methods:

Electronic submission: Submit all electronic comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/docket?D=NOAA-NMFS-2017-0152, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

Mail: Submit all written comments to Karla Gore, NMFS Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.

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

Electronic copies of the For-hire Reporting Amendment may be obtained from www.regulations.gov or the Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/generic/2017/for_hire_reporting/index.html. The For-hire Reporting Amendment includes an environmental assessment, regulatory impact review, Regulatory Flexibility Act analysis, and fishery impact statement.

FOR FURTHER INFORMATION CONTACT:

Karla Gore, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]

SUPPLEMENTARY INFORMATION:

The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any fishery management plan or amendment to NMFS for review and approval, partial approval, or disapproval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or amendment, publish an announcement in the Federal Register notifying the public that the FMP or amendment is available for review and comment.

The FMPs being revised by the For-hire Reporting Amendment were prepared by the South Atlantic Council and the Gulf Council, and the For-hire Reporting Amendment, if approved, would be implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act.

Background

The Magnuson-Stevens Act requires that NMFS and regional fishery management councils prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson-Stevens Act states that the collection of reliable data is essential to the effective conservation, management, and scientific understanding of the nation's fishery resources.

On July 1, 2012, NMFS implemented management measures contained in Amendment 18A to the Snapper-Grouper FMP, which established a provision that allowed the Science Research Director (SRD) at the NMFS Southeast Fisheries Science Center (SEFSC) to require for-hire vessels fishing for snapper-grouper species, when selected by the SRD, to submit fishing reports electronically on a weekly or daily basis to the SEFSC to better improve data on catch and bycatch (77 FR 32408, June 1, 2012). However, upon implementation of Amendment 18A in 2012, a data system to collect electronic reports had not been developed and no vessels were selected by the SEFSC for electronic reporting. Therefore, both prior to and after the implementation of Amendment 18A, only paper logbook forms were used to collect fishing reports from selected for-hire vessels.

In 2013, an electronic logbook reporting requirement for federally permitted headboats fishing for Atlantic CMP, dolphin and wahoo, and snapper-grouper species was implemented by the final rule for Amendment 22 to the CMP FMP, Amendment 6 to the Dolphin Wahoo FMP, and Amendment 31 to the Snapper-Grouper FMP (collectively referred to as the Headboat Reporting Amendment) to improve the quality and timeliness of catch data (78 FR 78779, December 27, 2013). The final rule for the Headboat Reporting Amendment required all headboats with a Federal charter vessel/headboat permit for Atlantic CMP, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species to report landings electronically on a weekly basis to the SEFSC. The final rule also implemented a provision that authorizes NMFS to require reporting more frequently than weekly if notified by the SRD, and prohibits headboats from continuing to fish if they are delinquent in submitting reports. This headboat reporting program, called the Southeast Region Headboat Survey (SRHS), is managed and operated by the SEFSC. Currently, headboats submit an electronic fishing report to NMFS via the internet by the Sunday following the end of each reporting week, which runs from Monday through Sunday. The For-hire Reporting Amendment would shorten the time to report and proposes that headboats submit electronic fishing reports to NMFS by the Tuesday following the end of a reporting week, which would make the reporting deadline for headboats consistent with the proposed reporting deadline for federally permitted charter vessels. The South Atlantic Council believes that changing the timing of reporting would achieve consistency between federally permitted headboats and the proposed charter vessel reporting requirements. In addition, the South Atlantic Council believes that the shortened window for reporting could reduce recall bias and improve the timeliness of data availability.

Similarly, the For-hire Reporting Amendment also would require that information from a federally permitted charter vessel be reported weekly, through the submission of electronic fishing reports on Tuesday following a reporting week. Currently, landings and discards from federally permitted charter vessels in Atlantic CMP, Atlantic dolphin wahoo, and South Atlantic snapper-grouper fisheries are monitored through the survey of charter vessels by the Marine Recreational Information Program (MRIP). Fishing effort is calculated based on a monthly phone sample of federally permitted charter vessels, though the phone survey is transitioning to a new mail survey. Catch rate observations and catch sampling are provided through dockside monitoring, also conducted by MRIP. This MRIP charter vessel information is then available in 2-month increments known as waves, so that there are six waves during the calendar year, e.g., January through February, March through April, etc. If NMFS implements the electronic reporting requirements described in the For-hire Reporting Amendment, the MRIP survey of charter vessels would continue until the proposed electronic reporting program described in the For-hire Reporting Amendment is certified by NMFS, and then the electronic reporting program replaces the MRIP survey of charter vessels.

Accurate and reliable fisheries information about catch, effort, and discards is critical to stock assessment and management evaluations. In addition, catch from federally permitted charter vessels represents a substantial portion of the total recreational catch for some South Atlantic Council managed fish species, such as king mackerel, black sea bass, dolphin, and wahoo. The South Atlantic Council believes that weekly electronic reporting for federally permitted charter vessels could provide more timely information than the current MRIP survey, and more accurate and reliable information for many species with low catches, low annual catch limits, or for species that are only rarely encountered by fishery participants. However, the South Atlantic Council recognizes that before the electronic reporting program described in this amendment could replace the MRIP survey program, the individual states would have to implement a similar for-hire electronic reporting requirement. The South Atlantic Council has determined that weekly electronic reporting by all federally permitted charter vessels would be expected to enhance data collection efforts for potentially better fisheries management, such as through more data-rich stock assessments.

Actions Contained in the For-Hire Reporting Amendment

The For-hire Reporting Amendment includes actions to establish weekly electronic reporting for federally permitted charter vessels in the previously described Atlantic fisheries, and change the electronic reporting deadline for federally permitted headboats. The For-hire Reporting Amendment would also require an owner or operator of a federally permitted charter vessel to report their fishing locations to the nearest square nautical mile, or in degrees and minutes.

Electronic Reporting by Federally Permitted Charter Vessels

In the For-hire Reporting Amendment, the South Atlantic Council has stated their need for increased data collection from federally permitted charter vessels, such as reporting fishing locations, compared with what the MRIP survey currently provides, as well as more timely data submission. The South Atlantic Council has determined that weekly reporting by federally permitted charter vessels could make data available to the science and management process more quickly and could improve data accuracy, as reports would be completed shortly after each trip. The For-hire Reporting Amendment would require an owner or operator of a charter vessel with a Federal charter vessel/headboat permit for Atlantic CMP species, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper to submit an electronic fishing report to NMFS weekly, or at intervals shorter than a week if notified by the SRD, regardless if they were fishing in state or Federal waters, or what species they caught. The use of NMFS approved hardware and software would be required to submit weekly electronic fishing reports by the Tuesday following each reporting week.

If the For-hire Reporting Amendment is approved and implemented, a federally permitted charter vessel fishing for Atlantic CMP, or dolphin and wahoo, or South Atlantic snapper-grouper species would be required to submit an electronic fishing report using hardware and software that meets NMFS technical requirements and has been type approved by NMFS. NMFS approved hardware could include electronic devices such as computers, tablets, and smartphones that allow for internet access and are capable of operating approved software. NMFS is currently evaluating potential software applications for the electronic for-hire reporting program and is considering the use of existing software applications already being used by partners in the region, including e-trips online and e-trips mobile, which are products developed by the Atlantic Coastal Cooperative Statistics Program. Hardware and software that meet the NMFS type approval would be posted on the NMFS Southeast Region website upon publication of any final rule to implement the for-hire electronic reporting program.

An electronic fishing report would be required from a charter vessel regardless of where fishing occurs or which species are caught or harvested. For example, a vessel subject to these proposed requirements under a Federal charter vessel/headboat permit for Atlantic CMP, Atlantic dolphin wahoo, or South Atlantic snapper-grouper must report if they fish in state waters, in the Gulf, or in any other area. If a charter vessel does not fish during a week, submission of a “no-fishing” report would be required by the Tuesday of the following week. The SEFSC would allow an advance submission of a no-fishing report for up to 30 days, as they currently allow for headboats.

In an effort to reduce duplicative reporting by charter vessels, fishermen with Federal charter vessel/headboat permits subject to electronic reporting requirements in other regions, such as the Mid-Atlantic and as proposed by the Gulf Council for the Gulf, would be required to comply with the electronic reporting program that is more restrictive, regardless of where fishermen are fishing. For example, the NMFS Greater Atlantic Regional Fisheries Office (GARFO) has implemented an electronic reporting requirement for owners and operators of a charter vessel or party boat (headboat) issued a Federal for-hire permit for species managed by Mid-Atlantic Fishery Management Council to submit an electronic vessel trip report using NMFS-approved software within 48 hours of completing a for-hire fishing trip (82 FR 42610, September 11, 2017). Because NMFS GARFO requires more restrictive reporting than what is proposed in the For-hire Reporting Amendment, owners and operators of a vessel issued a Federal for-hire permit for species in both the Mid-Atlantic and South Atlantic would be required to report under the electronic reporting program managed by GARFO, regardless of where fishing occurs or what species are caught.

The Gulf Council has also recommended amendments to their Gulf CMP FMP and their FMP for Reef Fish Resources of the Gulf of Mexico to address for-hire electronic reporting. The Gulf Council has submitted these amendments for review and implementation by the Secretary of Commerce. The Gulf Council's recommendations of for-hire electronic reporting for charter vessels are more stringent than those reporting requirements contained in the For-hire Reporting Amendment. The proposed Gulf for-hire electronic reporting program would require trip-level reporting, a pre-trip notification to NMFS, and location information monitored by a vessel monitoring system, among other requirements. Thus, an owner or operator of a charter vessel that has been issued Federal charter vessel/headboat permits for applicable fisheries in both the Atlantic and the Gulf would be required to comply with the Gulf Council's more stringent for-hire electronic reporting program requirements, if the Gulf Council's amendments to address for-hire electronic reporting are approved and implemented. The intent of the South Atlantic Council is to prevent a vessel with multiple Federal for-hire permits from having to report to multiple reporting programs. A headboat with Federal charter vessel/headboat permits for applicable fisheries in both the Atlantic and the Gulf would continue to be required to comply with the electronic reporting requirements in effect based on where they are fishing, e.g., in the Atlantic or the Gulf. If NMFS implements the measures in the For-hire Reporting Amendment before approving and implementing the Gulf Council's amendments for the for-hire electronic reporting program, vessels issued the applicable Federal charter vessel/headboat permits in the Atlantic and Gulf would be required to comply with the Atlantic electronic reporting program until a Gulf electronic reporting program is implemented, even if the for-hire trips only occur in the Gulf. Then, if NMFS implements the Gulf for-hire electronic reporting program, fishermen on for-hire vessels would need to comply with the Gulf electronic reporting program.

The For-hire Reporting Amendment also extends other provisions to federally permitted charter vessels that currently apply to headboats for reporting during catastrophic conditions, delinquent reporting, and video monitoring. During catastrophic conditions, NMFS may accept paper reporting forms, and can modify or waive reporting requirements. A delinquent report results in a prohibition on the harvest or possession of the applicable species by the charter vessel permit holder until all required and delinquent reports have been submitted and received by NMFS according to the reporting requirements. Finally, charter vessels must participate in a video monitoring program if selected by the SRD.

Location Reporting

The For-hire Reporting Amendment specifies core data elements to be collected through the for-hire electronic reporting program. These core data elements include, but are not limited to, information about the permit holder, vessel, location fished, catch, discards, fishing effort, and socio-economic data. Other information that could further benefit the management of federally permitted for-hire vessels included under the For-hire Reporting Amendment may also be subject to collection as determined by NMFS in the future.

If approved by the Secretary of Commerce, the For-hire Reporting Amendment would require charter vessels to report their locations fished by either inputting their latitude and longitude in an electronic reporting program or by selecting their fishing locations on a geographic grid in an electronic reporting program. The location accuracy of either reporting method would be to the nearest square nautical mile, or degrees and minutes. This location reporting requirement is consistent with what is collected currently for headboats in the SRHS.

Timing of Electronic Reporting by Federally Permitted Headboats

The For-hire Reporting Amendment also revises the reporting deadline for federally permitted headboats to submit electronic fishing reports to further improve the accuracy and timeliness of data reported through the SRHS. Headboats currently submit an electronic fishing report for each trip at weekly intervals, or at intervals shorter than a week if notified by the SRD. Electronic fishing reports are currently due by the Sunday following a reporting week, where the reporting week runs from Monday through Sunday; in other words, reports are due within 7 days after a reporting week ends.

The For-hire Reporting Amendment would change the deadline for headboats to submit an electronic fishing report after a reporting week ends. Headboats would continue to submit electronic fishing reports through the SRHS on a weekly basis with reports due on each Tuesday following a reporting week; in other words, reports would be due within 2 days after a reporting week ends. This proposed change would make the reporting deadline for headboats consistent with the proposed reporting deadline for charter vessels.

Headboats with applicable Federal charter vessel/headboat permits in both Atlantic and Gulf fisheries would continue to be required to comply with the electronic reporting standards in effect based on where they are fishing, e.g., in the Atlantic or the Gulf. Other than changing the deadline for submitting the fishing reports, no other aspect of the headboat reporting program would be changed by the For-hire Reporting Amendment.

Proposed Rule for the For-Hire Reporting Amendment

A proposed rule that would implement the For-hire Reporting Amendment has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the FMPs, the Magnuson-Stevens Act, and other applicable laws. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment.

Consideration of Public Comments

The South Atlantic Council has submitted the For-hire Reporting Amendment for Secretarial review, approval, and implementation. Comments on the For-hire Reporting Amendment must be received by May 13, 2018. Comments received during the respective comment periods, whether specifically directed to the For-hire Reporting Amendment or the proposed rule will be considered by NMFS in the decision to approve, disapprove, or partially approve the For-hire Reporting Amendment. Comments received after the comment periods will not be considered by NMFS in this decision. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule.

Authority:

16 U.S.C. 1801 et seq.

Dated: March 9, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2018-05191 Filed 3-13-18; 8:45 am] BILLING CODE 3510-22-P
83 50 Wednesday, March 14, 2018 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 9, 2018.

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

Comments regarding this information collection received by April 13, 2018 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

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

Food and Nutrition Service

Title: Study of Third-Party Processor (TPP) Services, Fees, and Business Practices.

OMB Control Number: 0584-NEW.

Summary of Collection: Section 4011 of the Agricultural Act of 2014 (Pub. L. 113-79; “2014 Farm Bill”) ended the provision of EBT equipment and services free of charge to retailers participating in SNAP. Retailers that previously received EBT equipment and payment processing services free of charge are now required to procure equipment and services independently. The goal of the study is to understand the business practices of Third Party Processors (TPPs) and independent sales organizations (ISOs) that provide Electronic Benefit Transfer (EBT) processing services and equipment to authorized retailers participating in the Supplemental Nutrition Assistance Program (SNAP).

Need and Use of the Information: This study seeks to understand the business practices of TPPs and ISOs that provide EBT processing services and equipment to SNAP retailers to (1) assess retailers' satisfaction with EBT products and services needed to participate in the SNAP program; and (2) develop a set of best practices to inform FNS's guidance for retailers on what to consider when selecting, contracting with, and working with EBT vendors (TPPs and ISOs). The study results will also provide FNS with the information needed to inform future FNS policies regarding requirements for vendors providing EBT equipment and services to authorized retailers and TPP services-related guidance for retailers.

Description of Respondents: Business-not-for-profit.

Number of Respondents: 1,875.

Frequency of Responses: Reporting: Annually.

Total Burden Hours: 579.

Ruth Brown, Departmental Information Collection Clearance Officer.
[FR Doc. 2018-05135 Filed 3-13-18; 8:45 am] BILLING CODE 3410-30-P
DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 9, 2018.

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

Comments regarding this information collection received by April 13, 2018 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB) New Executive Office Building, 725 17th Street NW, Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

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

Rural Housing Service

Title: 7 CFR 1901-E, Civil Rights Compliance Requirements.

OMB Control Number: 0575-0018.

Summary of Collection: Rural Development (RD) is required to provide Federal financial assistance through its farmer, housing, and community and business programs on an equal opportunity basis. The laws implemented in 7 CFR 1901-E, require the recipients of Rural Development`s Federal financial assistance to collect various types of information by race, color, and national origin.

Need and Use of the Information: RD will use the information to monitor a recipient's compliance with the civil rights laws, and to determine whether or not service and benefits are being provided to beneficiaries on an equal opportunity basis. This information is made available to USDA officials, officials of other Federal agencies and to Congress for reporting purposes. Without the required information, RD and its recipient will lack the necessary documentation to demonstrate that their programs are being administered in a nondiscriminatory manner and in full compliance with the civil rights laws.

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

Number of Respondents: 27,000.

Frequency of Responses: Recordkeeping; Reporting: On occasion.

Total Burden Hours: 542,369.

Rural Housing Service

Title: 7 CFR 1951-E, Servicing of Community and Direct Business Programs Loans and Grants.

OMB Control Number: 0575-0066.

Summary of Collection: Rural Development (Agency) is the credit agency for agriculture and rural development for the U.S. Department of Agriculture. The Community Facilities program is authorized to make loans and grants for the development of essential community facilities primarily serving rural residents. The Direct Business and Industry Program is authorized to make loans to improve, develop, or finance business, industry, and employment, and improve the economic and environmental climate in rural communities. Section 331 and 335 of the Consolidated Farm and Rural Development Act, as amended, authorizes the Secretary of Agriculture, acting through the Agency, to establish provisions for security servicing policies for the loans and grants in questions. When there is a problem, a recipient of the loan, grant, or loan guarantee must furnish financial information to aid in resolving the problem through reamortization, sale, transfer, debt restructuring, liquidation, or other means provided in the regulations.

Need and Use of the Information: The Agency will use several different forms to collect information from applicants, borrowers, consultants, lenders and attorneys. This information is used to determine applicant/borrower eligibility and project feasibility for various servicing actions. The information enables field staff to ensure that borrowers operate on a sound basis and use loan and grant funds for authorized purposes.

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

Number of Respondents: 154.

Frequency of Responses: Reporting: On occasion.

Total Burden Hours: 1,540.

Rural Housing Service

Title: 7 CFR 3550—Direct Single Family Housing Loan and Grant Program, HB-1-3550, HB-2-3550.

OMB Control Number: 0575-0172.

Summary of Collection: USDA Rural Development (RD) is committed to helping improve the economy and quality of life in rural America. RD's Rural Housing Service (RHS or Agency) offers a variety of programs to build or improve housing and essential community facilities in rural areas. The Housing Act of 1949 provides the authority for the RHS' direct single family housing loan and grant programs. The programs provide eligible applicants with financial assistance to own adequate but modest homes in rural areas. 7 CFR part 3550 sets forth the programs' policies and the programs' procedures can be found in its accompanying handbooks (Handbook-1-3550 and Handbook-2-3550). To originate and service direct loans and grants that comply with the programs' statute, policies, and procedures, RHS must collect information from low- and very low-income applicants, third parties associated with or working on behalf of the applicants, borrowers, and third parties associated with or working on behalf of the borrowers. RHS will collect information using several forms.

Need and Use of the Information: RHS will collect information to verify program eligibility requirements; continued eligibility requirements for borrower assistance; servicing of loans; eligibility for special servicing assistance such as: Payment subsidies, moratorium (stop) on payments, delinquency workout agreements; liquidation of loans; and, debt settlement. The information is used to ensure that the direct Single Family Housing Programs are administered in a manner consistent with legislative and administrative requirements. Without the information RHS would be unable to determine if a borrower would qualify for services or if assistance has been granted to which the customer would not be eligible under current regulations and statutes.

Description of Respondents: Individuals or households; Business or other for-profit; Not-for-profit institutions.

Number of Respondents: 106,300.

Frequency of Responses: Reporting: On occasion; Annually.

Total Burden Hours: 315,570.

Ruth Brown, Departmental Information Collection Clearance Officer.
[FR Doc. 2018-05114 Filed 3-13-18; 8:45 am] BILLING CODE 3410-XV-P
COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Indiana Advisory Committee to the U.S. Commission on Civil Rights 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 Indiana Advisory Committee (Committee) will hold a meeting on Saturday March 31, 2018, from 10:00 a.m.-11:30 a.m. EDT for the purpose of hearing public testimony on voting rights issues in the state.

DATES:

The meeting will be held on Saturday, March 31, 2018, from 10:00 a.m.-11:30 a.m. EDT.

ADDRESSES:

The community forum will take place at Ivy Tech Community College, 1440 E. 35th Ave. Gary, IN 46409.

FOR FURTHER INFORMATION CONTACT:

Melissa Wojnaroski, DFO, at [email protected] or 312-353-8311.

SUPPLEMENTARY INFORMATION:

Public Call Information: Dial: 800-967-7141; Conference ID 1621861.

This meeting is free and open to the public. Members of the public may appear in person and participate. This meeting is also available to the public through the above listed toll free call in number (audio only). Members of the public will be invited to make a statement as time allows.

For those individuals who join by phone, 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 Office, 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 Carolyn Allen at [email protected] Persons who desire additional information may contact the Regional Programs Unit Office 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, Indiana Advisory Committee link (http://www.facadatabase.gov/committee/meetings.aspx?cid=247). 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 Office at the above email or street address.

This is the fourth in a series of public meetings the Committee will hold on this topic. Please consult the Federal Register or contact the Regional Programs Unit for additional information on these meetings.

Agenda Welcome and Introductions Public Comment: Voting Rights in Indiana Closing Statements Adjournment Dated: March 9, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
[FR Doc. 2018-05139 Filed 3-13-18; 8:45 am] BILLING CODE P
DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-64-2017] Foreign-Trade Zone (FTZ) 153—San Diego, California; Authorization of Production Activity; Plantronics, Inc. (Electronics/Telecommunications); San Diego, California

On October 13, 2017, Plantronics, Inc., submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 153—Site 8, in San Diego, California.

The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (82 FR 49178, October 24, 2017). On February 12, 2018, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.

Dated: March 8, 2018. Andrew McGilvray, Executive Secretary.
[FR Doc. 2018-05147 Filed 3-13-18; 8:45 am] BILLING CODE 3510-DS-P
DEPARTMENT OF COMMERCE International Trade Administration [C-570-068] Forged Steel Fittings From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of forged steel fittings from the People's Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016.

DATES:

Applicable March 14, 2018.

FOR FURTHER INFORMATION CONTACT:

Brian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-0238, respectively.

SUPPLEMENTARY INFORMATION:

Background

This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on November 1, 2017.1 On December 1, 2017, the Department postponed the preliminary determination of this investigation by no later than 130 days after the date on which Commerce initiated this investigation.2

1See Forged Steel Fittings from the People's Republic of China: Initiation of Countervailing Duty Investigation, 82 FR 50623 (November 1, 2017) (Initiation Notice).

2See Forged Steel Fittings from the People's Republic of China: Postponement of Preliminary Determination of Countervailing Duty Investigation, 82 FR 59584 (December 15, 2017).

Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a nonbusiness day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the publication of the preliminary determination of this investigation is now March 7, 2018.3

3See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days.

For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content.

4See Memorandum, “Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Forged Steel Fittings from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

Scope of the Investigation

The products covered by this investigation are forged steel fittings from China. For a complete description of the scope of this investigation, see Appendix I.

Scope Comments

In accordance with the preamble to Commerce's regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice.

5See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).

6See Initiation Notice.

For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.7 The Department is preliminarily modifying the scope language as it appeared in the Initiation Notice. 8 As stated in the Preliminary Scope Decision Memorandum, all interested parties are invited to comment on the proposed modifications no later than March 19, 2018; rebuttal comments are due no later than March 26, 2018. Such comments must be filed via ACCESS on the records of this countervailing duty investigation and the concurrent antidumping duty investigations of forged steel fittings from China, Italy and Taiwan.

7See Memorandum, “Certain Forged Steel Fittings from China, Italy, and Taiwan: Scope Comments Decision Memorandum for the Preliminary Determinations,” dated concurrently with this notice (Preliminary Scope Decision Memorandum).

8See Appendix I.

Methodology

Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific.9

9See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce's requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.10 For further information, see “Use of Facts Otherwise Available and Adverse Inferences” in the Preliminary Decision Memorandum.

10See sections 776(a) and (b) of the Act.

Alignment

As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final countervailing duty (CVD) determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of forged steel fittings from China based on a request made by the petitioners.11 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than July 23, 2018, unless postponed.

11See Letter from the petitioners, “Forged Steel Fittings from the People's Republic of China: Request for Alignment,” dated January 10, 2018.

All-Others Rate

Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, the Department shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act.

The Department calculated an individual estimated countervailable subsidy rate for Both-Well (Taizhou) Steel Fittings, Co., Ltd. (Both-Well), the only individually examined exporter/producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely under section 776 of the Act, the estimated weighted-average rate calculated for Both-Well is the rate assigned to all-other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

Preliminary Determination

The Department preliminarily determines that the following estimated countervailable subsidy rates exist:

Company Subsidy rate
  • (percent)
  • Both-Well (Taizhou) Steel Fittings, Co., Ltd 13.79 All-Others 13.79
    Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the “Scope of the Investigation” section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above.

    Disclosure

    Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b).

    Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination.

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    12See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will make its final determination before the later of 120 days after the date of this preliminary determination or 45 days after Commerce's final determination.

    Notification to Interested Parties

    This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: March 7, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise covered by this investigation is carbon and alloy forged steel fittings, whether unfinished (commonly known as blanks or rough forgings) or finished. Such fittings are made in a variety of shapes including, but not limited to, elbows, tees, crosses, laterals, couplings, reducers, caps, plugs, bushings and unions. Forged steel fittings are covered regardless of end finish, whether threaded, socket-weld or other end connections.

    While these fittings are generally manufactured to specifications ASME B16.11, MSS SP-79, and MSS SP-83, ASTM A105, ASTM A350 and ASTM A182, the scope is not limited to fittings made to these specifications.

    The term forged is an industry term used to describe a class of products included in applicable standards, and does not reference an exclusive manufacturing process. Forged steel fittings are not manufactured from casting. Pursuant to the applicable specifications, subject fittings may also be machined from bar stock or machined from seamless pipe and tube.

    All types of fittings are included in the scope regardless of nominal pipe size (which may or may not be expressed in inches of nominal pipe size), pressure rating (usually, but not necessarily expressed in pounds of pressure, e.g., 2,000 or 2M; 3,000 or 3M; 6,000 or 6M; 9,000 or 9M), wall thickness, and whether or not heat treated.

    Excluded from this scope are all fittings entirely made of stainless steel. Also excluded are flanges, butt weld fittings, and nipples.

    Also excluded are fittings certified to the following standards and specifications, so long as the fittings are not also manufactured to the specifications of ASME B16.11, MSS SP-79, and MSS SP-83, ASTM A105, ASTM A350 and ASTM A182:

    • American Petroleum Institute (API) 5CT, API 5L, or API 11B • Society of Automotive Engineering (SAE) J476, SAE J514, SAE J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE J1926 or J2044 • Underwriter's Laboratories (UL) certified electrical conduit fittings • ASTM A153, A536, A576, or A865 • Casing Conductor Connectors 16-42 inches in diameter made to proprietary specifications

    To be excluded from the scope, products must have the appropriate standard markings and/or be accompanied by documentation showing product compliance to the applicable standard, e.g., “API 5CT” mark and/or a mill certification report.

    Subject carbon and alloy forged steel fittings are normally entered under Harmonized Tariff Schedule of the United States (HTSUS) 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. They also may be entered under HTSUS 7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Alignment VI. Injury Test VII. Application of the CVD Law to Imports From China VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Subsidies Valuation X. Benchmarks and Interest Rates XI. Analysis of Programs XII. Conclusion
    [FR Doc. 2018-05154 Filed 3-13-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-552-814] Utility Scale Wind Towers From the Socialist Republic of Vietnam: Final Determination of No Shipments; Antidumping Duty Administrative Review; 2016-2017 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (Commerce) is issuing a final no shipments determination in the final results of the antidumping duty administrative review on utility scale wind towers (wind towers) from the Socialist Republic of Vietnam (Vietnam) because Commerce continues to find that CS Wind Group did not have any shipments of subject merchandise by CS Wind Group during the period of review (POR). This review covers CS Wind Group where the company was the producer but not the exporter, or the exporter but not the producer of subject merchandise.

    DATES:

    Applicable March 14, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4852.

    SUPPLEMENTARY INFORMATION: Background

    On May 31, 2017, Commerce published its Amended Initiation Notice.1 According to the Amended Initiation Notice, Commerce stated it was initiating an administrative review only on entries where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer of subject merchandise. On November 6, 2017, Commerce published the Preliminary Results.2 The POR is February 1, 2016, through January 31, 2017. We invited interested parties to comment on the Preliminary Results. No party provided comments. Commerce has conducted this administrative review in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act).

    1See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Notice of Amended Initiation of Antidumping Duty Administrative Review; 2016-2017, 82 FR 24943 (May 31, 2017) (Amended Initiation Notice). In the Amended Initiation Notice, Commerce stated that it inadvertently initiated an administrative review on all entries of merchandise exported by CS Wind Group. Because wind towers that are produced and exported by CS Wind Group were excluded from the antidumping duty order on wind towers from Vietnam effective March 26, 2017, Commerce clarified in the Amended Initiation Notice that we should only have initiated the administrative review on wind towers produced in Vietnam with respect to the CS Wind Group where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer. To correct this error in the Initiation Notice, Commerce explained it was issuing the Amended Initiation Notice with respect to the CS Wind Group. More specifically, Commerce stated it was initiating an administrative review only on entries where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer of subject merchandise.

    2See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Preliminary Determination of No Shipments, and Preliminary Partial Rescission of Antidumping Duty Administrative Review, 2016-2017, 82 FR 51386 (November 6, 2017) (Preliminary Results).

    Scope of the Order

    The merchandise covered by this order are certain wind towers, whether or not tapered, and sections thereof. Certain wind towers are designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled.

    A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower.

    Wind towers and sections thereof are included within the scope whether or not they are joined with nonsubject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise.

    Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof.

    Merchandise covered by the order is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 7308.20.0020 3 or 8502.31.0000.4 Prior to 2011, merchandise covered by the order was classified in the HTSUS under subheading 7308.20.0000 and may continue to be to some degree. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.

    3 Wind towers are classified under HTSUS 7308.20.0020 when imported as a tower or tower section(s) alone.

    4 Wind towers may also be classified under HTSUS 8502.31.0000 when imported as part of a wind turbine (i.e., accompanying nacelles and/or rotor blades).

    Final Determination of No Shipments

    As explained above, in the Preliminary Results, Commerce found that CS Wind Group did not have any shipments of subject merchandise during the POR where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer of subject merchandise. Also, in the Preliminary Results, consistent with Commerce's assessment practice in non-market economy cases, Commerce stated it was not rescinding this review but intended to complete the review with respect to CS Wind Group for which it had preliminarily found no shipments and issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on the final results of the review.5

    5See Preliminary Results at 82 FR 51387.

    After issuing the Preliminary Results, Commerce received no comments from interested parties, and has not received any information that would cause it to alter our preliminary determination of no shipments. Therefore, for these final results, Commerce continues to find that CS Wind Group did not have any shipments of subject merchandise during the POR where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer of subject merchandise. As Commerce received no comments or new information for consideration in these final results, Commerce has not prepared an Issues and Decision Memorandum for this administrative review.

    Assessment Rates

    Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.6 Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Additionally, because Commerce determined that CS Wind Group had no shipments of subject merchandise during the POR, any suspended entries that entered under CS Wind Group's antidumping duty case number (i.e., at that exporter's rate) will be liquidated at the Vietnam-wide rate.7

    6See 19 CFR 351.212(b).

    7See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For CS Wind Group, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to CS Wind Group in the most recently issued Notice of Court Decision Not in Harmony with the Final Determination of Less Than Fair Value Determination; 8 (2) for previously investigated Vietnam and non-Vietnam exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Vietnam exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate previously established for the Vietnam-wide entity (i.e., 58.54 percent); and (4) for all non-Vietnam exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnam exporter that supplied that non-Vietnam exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

    8See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Less Than Fair Value Investigation and Notice of Amended Final Determination of Investigation, 82 FR 15493 (March 29, 2017).

    Notifications

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.

    These final results of this administrative review and notice are published in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213(h).

    Dated: March 8, 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. 2018-05151 Filed 3-13-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-489-825] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    On February 1, 2018, the Court of International Trade (CIT) entered final judgment sustaining the Department of Commerce's (Commerce's) remand redetermination in the countervailing duty (CVD) investigation of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey). Commerce is notifying the public that the Court's final judgment in this case is not in harmony with Commerce's amended final determination with respect to Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. (Ozdemir) and all other exporters and producers.

    DATES:

    Applicable February 12, 2018.1

    1 February 11, 2018, ten days after the Court's opinion was issued, falls on a Sunday. Therefore, the effective date is Monday, February 12, 2018. See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).

    FOR FURTHER INFORMATION CONTACT:

    Brian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1766 or (202) 482-0238, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On July 21, 2016, Commerce published its final determination in the CVD investigation of HWR pipes and tubes from Turkey.2 On September 13, 2016, Commerce published an amended final determination and the CVD order.3

    2See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Final Affirmative Countervailing Duty Determination, 81 FR 47349 (July 21, 2016).

    3See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 81 FR 62874 (September 13, 2016) (Amended Final Determination and Order).

    The Court remanded one aspect of Commerce's findings for further consideration.4 Specifically, in its Remand and Opinion Order, the Court held that, if Commerce decided to maintain its Land for Less than Adequate Remuneration (LTAR) benchmark calculation, it must explain the following: (1) Why the high prices for the Istanbul and Yalova Altinova (Yalova) land parcels were not aberrational, and how calculating a simple average of all the land parcel prices used in the land benchmark calculation successfully moderated the price disparities; (2) whether the Istanbul and Yalova land parcels were located in more highly developed areas of Turkey and how that affected Commerce's analysis; and (3) why the future usage of the land parcels is relevant under the applicable provisions of the statute and Commerce's regulations.5

    4See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States and Atlas Tube and Independence Tube Corporation Court No. 16-00206, Slip Op. 17-142 (CIT October 16, 2017) (Remand Opinion and Order).

    5Id. at 44-45.

    On December 11, 2017, Commerce issued its Remand Redetermination. 6 In its Remand Redetermination, Commerce determined that there was a reasonable basis for treating the Istanbul and Yalova land parcels as outliers because (1) the prices of these parcels deviated substantially from the other prices in the dataset; and (2) the average price of the land parcels in the benchmark would be skewed if the Istanbul and Yalova land parcels were not removed from the dataset.7 Additionally, in its Remand Redetermination, Commerce stated that although it generally avoids selectively removing prices from datasets, it has occasionally done so after finding certain data to be clearly aberrational or unreliable.8 In removing the two parcels at issue from the benchmark, Commerce found that other issues raised by the Court, namely the relative levels of development of the land parcels in the benchmark, the importance of a land parcel's future usage in Commerce's benchmark selection, and other issues involving comparability, were moot.9 Therefore, Commerce did not address these issues in the Remand Redetermination.

    6See Final Results of Remand Redetermination Pursuant to Court Remand, Court No. 16-00206, dated December 11, 2017, available at: http://ia.ita.doc.gov/remands/ (Remand Redetermination).

    7Id. at 2.

    8Id.

    9Id.

    On February 1, 2018, the CIT sustained Commerce's Remand Redetermination. 10

    10See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States and Atlas Tube and Independence Tube Corporation Court No. 16-00206, Slip Op.18-6. (CIT February 1, 2018).

    Timken Notice

    In its decision in Timken, 11 as clarified by Diamond Sawblades, 12 the United States Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's February 1, 2018, final judgment affirming the Remand Redetermination constitutes a final decision of that court which is not in harmony with the Amended Final Determination and Order. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, Commerce will continue suspension of liquidation of subject merchandise pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision.

    11See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken).

    12See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

    Amended Final Determination

    As there is now a final court decision, Commerce amends its Amended Final Determination and Order. Commerce finds that the following revised net countervailable subsidy rates exist:

    Producer/exporter Net
  • subsidy
  • rate
  • MMZ Onur Boru Profit uretirn San Ve Tic. A.S 9.87 Ozdemir Boru Profil San ve Tic. Ltd Sti 14.66 All-Others 12.36
    Cash Deposit Requirements

    Because there has been no subsequent administrative review for MMZ Onur Boru Profit uretirn San Ve Tic. A.S. (MMZ) and Ozdemir, Commerce will instruct U.S. Customs and Border Protection (CBP) to set the cash deposit rates for these companies to the rates listed above, pending a final and conclusive court decision.

    Pursuant to section 705(c)(5)(A) of the Act, companies not individually investigated are assigned an “all-others” countervailing duty rate. As a general rule, the all-others rate is equal to the weighted-average of the countervailable subsidy rates established for individually investigated producers, excluding any zero and de minimis countervailable subsidy rates.13 Commerce will instruct CBP that the “all-others” cash deposit rate is to be amended to reflect the revised subsidy rate calculated for Ozdemir, as listed above.

    13See section 705(c)(5)(A)(i) of the Act. For a full discussion of the calculation of the all-others rate, see Memorandum “Remand Redetermination Calculation of the `All Others' Rate,” dated December 12, 2017.

    This notice is issued and published in accordance with sections 516A(e)(1), 705(c)(1)(B), and 777(i)(1) of the Act.

    Dated: March 8, 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. 2018-05149 Filed 3-13-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-791-823, A-823-816] Carbon and Alloy Steel Wire Rod From the Republic of South Africa and Ukraine: Antidumping Duty Orders AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (the ITC), Commerce is issuing antidumping duty orders on carbon and alloy steel wire rod (wire rod) from the Republic of South Africa (South Africa) and Ukraine.

    DATES:

    Applicable March 14, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Moses Song at (202) 482-5041 or John McGowan (202) 482-3019 (South Africa), Julia Hancock at (202) 482-1394, Annathea Cook at (202) 482-0250, or Courtney Canales at (202) 482-4997 (Ukraine), AD/CVD Operations, Office V & VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

    SUPPLEMENTARY INFORMATION:

    Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 16, 2018, Commerce published its affirmative final determinations in the less-than-fair-value (LTFV) investigations of wire rod from South Africa and Ukraine.1 On March 1, 2018, the ITC notified Commerce of its final affirmative determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of wire rod from South Africa and Ukraine, and its determination that critical circumstances do not exist with respect to imports of wire rod from South Africa subject to Commerce's affirmative critical circumstances determination.2 The ITC published its final determination on March 7, 2018.3

    1See Carbon and Alloy Steel Wire Rod from the Republic of South Africa: Affirmative Final Determination of Sales at Less Than Fair Value and Affirmative Finding of Critical Circumstances, 83 FR 2141 (January 16, 2018) (South Africa Final Determination); Carbon and Alloy Steel Wire Rod from Ukraine: Affirmative Final Determination of Sales at Less Than Fair Value, 83 FR 2135 (January 16, 2018) (Ukraine Final Determination).

    2See Letter from the ITC to the Hon. Gary Taverman, dated March 1, 2018 (ITC Notification Letter).

    3See Carbon and Certain Alloy Steel Wire Rod from South Africa and Ukraine; Determinations, 83 FR 9749 (March 7, 2018).

    Scope of the Orders

    The merchandise covered by these orders is wire rod from South Africa and Ukraine. For a complete description of the scope of these orders, see the Appendix to this notice.

    Antidumping Duty Orders

    On March 1, 2018, in accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reasons of imports of wire rod from South Africa and Ukraine.4 The ITC also notified Commerce of its determination that critical circumstances do not exist with respect to imports of wire rod from South Africa subject to Commerce's critical circumstances finding.5 Therefore, in accordance with section 735(c)(2) of the Act, we are issuing these AD orders. Because the ITC determined that imports of wire rod from South Africa and Ukraine are materially injuring a U.S. industry, unliquidated entries of such merchandise from South Africa and Ukraine, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties.

    4See ITC Notification Letter.

    5Id.

    As a result of the ITC's final affirmative determinations, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of wire rod from South Africa and Ukraine. Antidumping duties will be assessed on unliquidated entries of wire rod from South Africa and Ukraine entered, or withdrawn from warehouse, for consumption on or after October 31, 2017, the date of publication of the preliminary determinations,6 but will not include entries occurring after the expiration of the provisional measures period and before publication in the Federal Register of the ITC's final injury determination, as further described below.

    6See Carbon and Alloy Steel Wire Rod from the Republic of South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and preliminary Determination of No Shipments, 82 FR 50383 (October 31, 2017) (South Africa Preliminary Determination); Carbon and Alloy Steel Wire Rod from Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 82 FR 50375 (October 31, 2017) (Ukraine Preliminary Determination).

    Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to reinstitute suspension of liquidation on all relevant entries of wire rod from South Africa and Ukraine. These instructions suspending liquidation will remain in effect until further notice.

    Commerce will also instruct CBP to require cash deposits for estimated antidumping duties equal to the estimated weighted-average dumping margins indicated below. Accordingly, effective the date of publication of the ITC's final affirmative injury determination in the Federal Register, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins listed below.7 The relevant “all-others” rates apply to all producers or exporters not specifically listed, as appropriate.

    7See section 736(a)(3) of the Act.

    Provisional Measures

    Section 733(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except that Commerce may extend the four-month period to no more than six months at the request of exporters representing a significant proportion of exports of the subject merchandise. In reference to these proceedings, a request to extend the final determination and extend provisional measures pursuant to 19 CFR 351.210(e) was received from exporters of wire rod from South Africa and the Ukraine. Commerce's preliminary determinations were published on October 31, 2017.8 Commerce's final determinations were not extended, and were published on January 16, 2018. As such, the four-month period ended on February 27, 2018. Pursuant to section 737(b) of the Act, the collection of cash deposits at the rates listed below will begin on the date of publication of the ITC's final injury determination.

    8See Preliminary Determinations.

    Therefore, in accordance with section 733(d) of the Act, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of wire rod from South Africa and Ukraine entered, or withdrawn from warehouse, for consumption after February 27, 2018, the date on which provisional measures expired, through the day preceding the date of publication of the ITC's final determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register.

    Critical Circumstances

    With regard to the ITC's negative critical circumstances determination regarding imports of wire rod from South Africa, Commerce will instruct CBP to lift suspension and refund any cash deposits made to secure payment of estimated antidumping duties on subject merchandise entered, or withdrawn from warehouse, for consumption on or after August 2, 2017, (i.e., 90 days prior to the date of publication of the preliminary determinations), but before October 31, 2017, (i.e., the date of publication of the preliminary determinations).

    Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for each antidumping order are as follows:

    9 Commerce has determined that ArcelorMittal South Africa Limited, Scaw South Africa (Pty) Ltd. (also known as Scaw Metals Group), and Consolidated Wire Industries are a single entity. See Memorandum, “Less-Than-Fair-Value Investigation of Carbon and Alloy Steel Wire Rod from the Republic of South Africa: Affiliation and Collapsing Memorandum for ArcelorMittal South Africa Limited, Scaw South Africa (Pty) Ltd. and Consolidated Wire Industries,” dated October 24, 2017, unchanged in South Africa Final Determination.

    10See South Africa Final Determination, 83 FR at 2141.

    11Id.

    Exporter/producer Estimated
  • weighted-average
  • dumping margin
  • (percent)
  • South Africa: ArcelorMittal South Africa Limited, Scaw South Africa (Pty) Ltd. (also known as Scaw Metals Group), and Consolidated Wire Industries 9 10 142.26 All-Others 11 135.46 Ukraine: ArcelorMittal Steel Kryvyi Rih 12 44.03 Public Joint Stock Company Yenakiieve Iron And Steel Works 13 44.03 All-Others 14 34.98
    Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to wire rod from South Africa and Ukraine pursuant to section 736(a) of the Act. Interested parties can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.

    These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211(b).

    12See Ukraine Final Determination, 83 FR 2135.

    13Id.

    14Id.

    Dated: March 8. 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 Scope of the Orders

    The scope of these orders covers certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid cross-sectional diameter. Specifically excluded are steel products possessing the above-noted physical characteristics and meeting the Harmonized Tariff Schedule of the United States (HTSUS) definitions for (a) stainless steel; (b) tool steel; (c) high-nickel steel; (d) ball bearing steel; or (e) concrete reinforcing bars and rods. Also excluded are free cutting steel (also known as free machining steel) products (i.e., products that contain by weight one or more of the following elements: 0.1 percent of more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorous, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope.

    The products under these orders are currently classifiable under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093, 7213.91.4500, 7213.91.6000, 7213.99.0030, 7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS may also be included in this scope if they meet the physical description of subject merchandise above. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these proceedings is dispositive.

    [FR Doc. 2018-05153 Filed 3-13-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-953] Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (Commerce) determines that Yama Ribbons and Bows Co., Ltd (Yama), an exporter/producer of narrow woven ribbons with woven selvedge (ribbons) from the People's Republic of China (China), received countervailable subsidies during the period of review (POR) January 1, 2015, through December 31, 2015.

    DATES:

    Applicable March 14, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Terre Keaton Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1280.

    SUPPLEMENTARY INFORMATION: Background

    Commerce published the Preliminary Results of this administrative review in the Federal Register on September 7, 2017.1 We invited interested parties to comment on the Preliminary Results. On October 24, 2017, we received a timely case brief from Yama.2 On October 31, 2017, we received timely rebuttal comments from Berwick Offray LLC (the petitioner).3 On November 28, 2017, Commerce postponed the final results of review until March 6, 2018. Based on an analysis of the comments received, Commerce has made no changes to the subsidy rate determined for the respondent. The final subsidy rate is listed below in the “Final Results of Administrative Review” section.

    1See Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2015, 82 FR 42296 (September 7, 2017) (Preliminary Results).

    2See Letter from Yama, ” Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China: Case Brief,” dated October 24, 2017.

    3See Letter from the petitioner, “Rebuttal Brief of Petitioner Berwick Offray LLC,” dated October 31, 2017.

    Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. The revised deadline for the final determination of this investigation is now March 9, 2018.4

    4See Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days.

    Scope of the Order

    The merchandise covered by the order are narrow woven ribbons with woven selvedge from China. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.5

    5 A full description of the scope of the order is contained in Memorandum, ” Decision Memorandum for the Final Results of 2015 Countervailing Duty Administrative Review: Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China,” dated concurrently with this notice (Issues and Decision Memorandum).

    Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and 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 access directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content.

    Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we made no changes to our subsidy rate calculation. For a discussion of these issues, see the Issues and Decision Memorandum.

    Methodology

    Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying all of Commerce's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum.

    6See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

    Final Results of Administrative Review

    In accordance with section 777A(e) of the Act and 19 CFR 351.221(b)(5), we determine the total net countervailable subsidy rate for the period January 1, 2015 to December 31, 2015 to be:

    Company Subsidy rate
  • (%)
  • Yama Ribbons and Bows Co., Ltd 23.37
    Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of the final results of this review. Commerce will instruct CBP to liquidate shipments of subject merchandise produced and/or exported by the company listed above, entered, or withdrawn from warehouse, for consumption, from January 1, 2015, through December 31, 2015, at the ad valorem rate listed above.

    Cash Deposit Requirements

    Commerce intends also to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for Yama, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, Commerce will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company, as appropriate. Accordingly, the cash deposit requirements that will be applied to companies covered by this order, but not examined in this administrative review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    Administrative Protective Orders

    This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.

    These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 8, 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 Order IV. Use of Facts Adverse Facts Available (AFA) V. Subsidies Valuation A. Allocation Period B. Attribution of Subsides C. Denominators VI. Interest Rate Benchmarks, Discount Rates, Input and Electricity VII. Programs Determined to be Countervailable VIII. Programs Determined not to Provide Measurable Benefits During the POR IX. Programs Determined not to be Used During the POR X. Analysis of Comments Comment 1: The Application of Adverse Facts Available (AFA) to the Provision of Synthetic Yarn and Caustic Soda for Less-than-Adequate Remuneration Programs Comment 2: The Application of AFA to the Export-Import (EXIM) Buyer's Credit Program Comment 3: The Application of AFA to Yama Due to Non-Cooperation of the Government of China (GOC) Comment 4: Whether Programs Found to be Countervailable Based on AFA are Specific XI. Recommendation
    [FR Doc. 2018-05150 Filed 3-13-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology Request for Nominations for Members To Serve on National Institute of Standards and Technology Federal Advisory Committees AGENCY:

    National Institute of Standards and Technology, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The National Institute of Standards and Technology (NIST) invites and requests nomination of individuals for appointment to eight existing Federal Advisory Committees: Board of Overseers of the Malcolm Baldrige National Quality Award; Judges Panel of the Malcolm Baldrige National Quality Award; Information Security and Privacy Advisory Board; Manufacturing Extension Partnership Advisory Board; National Construction Safety Team Advisory Committee; Advisory Committee on Earthquake Hazards Reduction; NIST Smart Grid Advisory Committee; and Visiting Committee on Advanced Technology. NIST will consider nominations received in response to this notice for appointment to the Committees, in addition to nominations already received. Registered Federal lobbyists may not serve on NIST Federal Advisory Committees in an individual capacity.

    DATES:

    Nominations for all committees will be accepted on an ongoing basis and will be considered as and when vacancies arise.

    ADDRESSES:

    See below.

    SUPPLEMENTARY INFORMATION: Board of Overseers of the Malcolm Baldrige National Quality Award ADDRESSES:

    Please submit nominations to Robert Fangmeyer, Director, Baldrige Performance Excellence Program, NIST, 100 Bureau Drive, Mail Stop 1020, Gaithersburg, MD 20899-1020. Nominations may also be submitted via fax to 301-975-4967. Additional information regarding the Committee, including its charter, current membership list, and executive summary, may be found at http://www.nist.gov/baldrige/community/overseers.cfm.

    FOR FURTHER INFORMATION CONTACT:

    Robert Fangmeyer, Director, Baldrige Performance Excellence Program and Designated Federal Officer, NIST, 100 Bureau Drive, Mail Stop 1020, Gaithersburg, MD 20899-1020; telephone 301-975-4781; fax 301-975-4967; or via email at [email protected]

    Committee Information

    The Board of Overseers of the Malcolm Baldrige National Quality Award (Board) was established in accordance with 15 U.S.C. 3711a(d)(2)(B), pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Board shall review the work of the private sector contractor(s), which assists the Director of NIST in administering the Malcolm Baldrige National Quality Award (Award). The Board will make such suggestions for the improvement of the Award process as it deems necessary.

    2. The Board shall make an annual report on the results of Award activities to the Director of NIST, along with its recommendations for the improvement of the Award process.

    3. The Board will function solely as an advisory committee under the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    4. The Board will report to the Director of NIST.

    Membership

    1. The Board will consist of at least five and approximately 12 members selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance, and for their preeminence in the field of organizational performance excellence. There will be a balanced representation from U.S. service, manufacturing, nonprofit, education, and health care industries. The Board will include members familiar with the quality, performance improvement operations, and competitiveness issues of manufacturing companies, service companies, small businesses, nonprofits, health care providers, and educational institutions.

    2. Board members will be appointed by the Secretary of Commerce for three-year terms and will serve at the discretion of the Secretary. All terms will commence on March 1 and end on the last day of February of the appropriate years.

    Miscellaneous

    1. Members of the Board shall serve without compensation, but may, upon request, be reimbursed travel expenses, including per diem, as authorized by 5 U.S.C. 5701 et seq.

    2. The Board will meet at least annually, but usually two times a year. Additional meetings may be called as deemed necessary by the NIST Director or by the Chairperson. Meetings are usually one day in duration.

    3. Board meetings are open to the public. Board members do not have access to classified or proprietary information in connection with their Board duties.

    Nomination Information

    1. Nominations are sought from the private and public sector as described above.

    2. Nominees should have established records of distinguished service and shall be familiar with the quality improvement operations and competitiveness issues of manufacturing companies, service companies, small businesses, educational institutions, health care providers, and nonprofit organizations. The category (field of eminence) for which the candidate is qualified should be specified in the nomination letter. Nominations for a particular category should come from organizations or individuals within that category. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on Federal advisory boards and Federal employment. In addition, each nomination letter should state that the person agrees to the nomination, acknowledges the responsibilities of serving on the Board, and will actively participate in good faith in the tasks of the Board. Besides participation at meetings, it is desired that members be able to devote the equivalent of seven days between meetings to either developing or researching topics of potential interest, and so forth, in furtherance of their Board duties.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Board membership.

    Judges Panel of the Malcolm Baldrige National Quality Award ADDRESSES:

    Please submit nominations to Robert Fangmeyer, Director, Baldrige Performance Excellence Program, NIST, 100 Bureau Drive Mail Stop 1020, Gaithersburg, MD 20899-1020. Nominations may also be submitted via fax to 301-975-4967. Additional information regarding the Committee, including its charter, current membership list, and executive summary, may be found at http://patapsco.nist.gov/BoardofExam/Examiners_Judge2.cfm.

    FOR FURTHER INFORMATION CONTACT:

    Robert Fangmeyer, Director, Baldrige Performance Excellence Program and Designated Federal Officer, NIST, 100 Bureau Drive, Mail Stop 1020, Gaithersburg, MD 20899-1020; telephone 301-975-4781; fax 301-975-4967; or via email at [email protected]

    Committee Information

    The Judges Panel of the Malcolm Baldrige National Quality Award (Panel) was established in accordance with 15 U.S.C. 3711a(d)(1) and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Panel will ensure the integrity of the Malcolm Baldrige National Quality Award (Award) selection process. Based on a review of results of examiners' scoring of written applications, Panel members will vote on which applicants' merit site visits by examiners to verify the accuracy of quality improvements claimed by applicants. The Panel will also review results and findings from site visits, and recommend Award recipients.

    2. The Panel will ensure that individual judges will not participate in the review of applicants as to which they have any real or perceived conflict of interest.

    3. The Panel will function solely as an advisory body, and will comply with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    4. The Panel will report to the Director of NIST.

    Membership

    1. The Panel will consist of no less than 9, and not more than 12, members selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance. There will be a balanced representation from U.S. service, manufacturing, small business, nonprofit, education, and health care industries. The Panel will include members familiar with the quality improvement operations and competitiveness issues of manufacturing companies, service companies, small businesses, nonprofits, health care providers, and educational institutions.

    2. Panel members will be appointed by the Secretary of Commerce for three-year terms and will serve at the discretion of the Secretary. All terms will commence on March 1 and end on the last day of February of the appropriate year.

    Miscellaneous

    1. Members of the Panel shall serve without compensation, but may, upon request, be reimbursed travel expenses, including per diem, as authorized by 5 U.S.C. 5701 et seq.

    2. The Panel will meet three times per year. Additional meetings may be called as deemed necessary by the NIST Director or by the Chairperson. Meetings are usually one to four days in duration. In addition, each Judge must attend an annual three-day Examiner training course.

    3. When approved by the Department of Commerce Chief Financial Officer and Assistant Secretary for Administration, Panel meetings are closed or partially closed to the public.

    Nomination Information

    1. Nominations are sought from all U.S. service and manufacturing industries, small businesses, education, health care, and nonprofits as described above.

    2. Nominees should have established records of distinguished service and shall be familiar with the quality improvement operations and competitiveness issues of manufacturing companies, service companies, small businesses, health care providers, educational institutions, and nonprofit organizations. The category (field of eminence) for which the candidate is qualified should be specified in the nomination letter. Nominations for a particular category should come from organizations or individuals within that category. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on federal advisory boards and federal employment. In addition, each nomination letter should state that the person agrees to the nomination, acknowledges the responsibilities of serving on the Panel, and will actively participate in good faith in the tasks of the Panel. Besides participation at meetings, it is desired that members be either developing or researching topics of potential interest, reading Baldrige applications, and so forth, in furtherance of their Panel duties.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Panel membership.

    Information Security and Privacy Advisory Board (ISPAB) ADDRESSES:

    Please submit nominations to Matt Scholl, NIST, 100 Bureau Drive, Mail Stop 8930, Gaithersburg, MD 20899-8930. Nominations may also be submitted via fax to 301-975-8670, Attn: ISPAB Nominations. Additional information regarding the ISPAB, including its charter and current membership list, may be found on its electronic home page at http://csrc.nist.gov/groups/SMA/ispab/index.html.

    FOR FURTHER INFORMATION CONTACT:

    Matt Scholl, ISPAB Designated Federal Officer (DFO), NIST, 100 Bureau Drive, Mail Stop 8930, Gaithersburg, MD 20899-8930; telephone 301-975-2941; fax: 301-975-8670; or via email at [email protected]

    Committee Information

    The ISPAB (Committee or Board) was originally chartered as the Computer System Security and Privacy Advisory Board by the Department of Commerce pursuant to the Computer Security Act of 1987 (Pub. L. 100-235). The E-Government Act of 2002 (Pub. L. 107-347, Title III), amended Section 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-4), including changing the Committee's name, and the charter was amended accordingly.

    Objectives and Duties

    1. The Board will identify emerging managerial, technical, administrative, and physical safeguard issues relative to information security and privacy.

    2. The Board will advise NIST, the Secretary of Homeland Security, and the Director of the Office of Management and Budget (OMB) on information security and privacy issues pertaining to Federal Government information systems, including thorough review of proposed standards and guidelines developed by NIST.

    3. The Board shall report to the Director of NIST.

    4. The Board reports annually to the Secretary of Commerce, the Secretary of Homeland Security, the Director of OMB, the Director of the National Security Agency, and the appropriate committees of the Congress.

    5. The Board will function solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Membership

    1. The Director of NIST will appoint the Chairperson and the members of the ISPAB, and members serve at the discretion of the NIST Director. Members will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    2. The ISPAB will consist of a total of 12 members and a Chairperson.

    • The Board will include four members from outside the Federal Government who are eminent in the information technology industry, at least one of whom is representative of small or medium sized companies in such industries.

    • The Board will include four members from outside the Federal Government who are eminent in the fields of information technology, or related disciplines, but who are not employed by or representative of a producer of information technology.

    • The Board will include four members from the Federal Government who have information system management experience, including experience in information security and privacy, at least one of whom shall be from the National Security Agency.

    Miscellaneous

    1. Members of the Board, other than full-time employees of the Federal government, will not be compensated for their services, but will, upon request, be allowed travel expenses pursuant to 5 U.S.C. 5701 et seq., while otherwise performing duties at the request of the Board Chairperson, while away from their homes or a regular place of business.

    2. Meetings of the ISPAB are usually two to three days in duration and are usually held quarterly. ISPAB meetings are open to the public, including the press. Members do not have access to classified or proprietary information in connection with their ISPAB duties.

    Nomination Information

    1. Nominations are being accepted in all three categories described above.

    2. Nominees should have specific experience related to information security or privacy issues, particularly as they pertain to Federal information technology. Letters of nomination should include the category of membership for which the candidate is applying and a summary of the candidate's qualifications for that specific category. Also include (where applicable) current or former service on Federal advisory boards and any Federal employment. Each nomination letter should state that the person agrees to the nomination, acknowledges the responsibilities of serving on the ISPAB, and that they will actively participate in good faith in the tasks of the ISPAB.

    3. Besides participation at meetings, it is desired that members be able to devote a minimum of two days between meetings to developing draft issue papers, researching topics of potential interest, and so forth in furtherance of their ISPAB duties.

    4. Selection of ISPAB members will not be limited to individuals who are nominated. Nominations that are received and meet the requirements will be kept on file to be reviewed as ISPAB vacancies occur.

    5. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse ISPAB membership.

    Manufacturing Extension Partnership (MEP) Advisory Board ADDRESSES:

    Please submit nominations to Ms. Cheryl Gendron, NIST, 100 Bureau Drive, Mail Stop 4800, Gaithersburg, MD 20899-4800. Nominations may also be submitted via fax to 301-963-6556, or via email at [email protected] Additional information regarding MEP, including its charter may be found on its electronic home page at http://www.nist.gov/mep/advisory-board.cfm.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Cheryl Gendron, NIST, 100 Bureau Drive, Mail Stop 4800, Gaithersburg, MD 20899-4800; telephone 301-975-4919, fax 301-963-6556; or via email at [email protected]

    Committee Information

    The MEP Advisory Board (Board) is authorized under section 501 of the American Innovation and Competitiveness Act (Pub. L. 114-329); codified at 15 U.S.C. 278k(m), as amended, in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Board will provide advice on MEP activities, plans, and policies.

    2. The Board will assess the soundness of MEP plans and strategies.

    3. The Board will assess current performance against MEP program plans.

    4. The Board will function solely in an advisory capacity, and in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    5. The Board shall transmit through the Director of NIST an annual report to the Secretary of Commerce for transmittal to Congress not later than 30 days after the submission to Congress of the President's annual budget request each year. The report shall address the status of the MEP program.

    Membership

    1. The Board shall consist of not fewer than10 members, appointed by the Director of NIST and broadly representative of stakeholders. At least 2 members shall be employed by or on an advisory board for the MEP Centers, at least 5 members shall be from U.S. small businesses in the manufacturing sector, and at least 1 member shall represent a community college. No member shall be an employee of the Federal Government.

    2. The Director of NIST shall appoint the members of the Board. Members shall be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance. Board members serve at the discretion of the Director of NIST.

    3. The term of office of each member of the Board shall be three years, except that vacancy appointments shall be for the remainder of the unexpired term of the vacancy. Any person who has completed two consecutive full terms of service on the Board shall thereafter be ineligible for appointment during the one-year period following the expiration of the second term.

    Miscellaneous

    1. Members of the Board will not be compensated for their services but will, upon request, be allowed travel and per diem expenses as authorized by 5 U.S.C. 5701 et seq., while attending meetings of the Board or subcommittees thereof, or while otherwise performing duties at the request of the Chair, while away from their homes or regular places of business.

    2. The Board will meet at least biannually. Additional meetings may be called by the Director of NIST or the Designated Federal Officer (DFO) or his or her designee.

    3. Committee meetings are open to the public.

    Nomination Information

    1. Nominations are being accepted in all categories described above.

    2. Nominees should have specific experience related to manufacturing and industrial extension services. Letters of nomination should include the category of membership for which the candidate is applying and a summary of the candidate's qualifications for that specific category. Each nomination letter should state that the person agrees to the nomination and acknowledges the responsibilities of serving on the MEP Advisory Board.

    3. Selection of MEP Advisory Board members will not be limited to individuals who are nominated. Nominations that are received and meet the requirements will be kept on file to be reviewed as Board vacancies occur.

    4. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse MEP Advisory Board membership.

    National Construction Safety Team (NCST) Advisory Committee ADDRESSES:

    Please submit nominations to Benjamin Davis, NIST, 100 Bureau Drive, Mail Stop 8615, Gaithersburg, MD 20899-8604. Additional information regarding the NCST, including its charter may be found on its electronic home page at https://www.nist.gov/el/disaster-resilience/disaster-and-failure-studies/national-construction-safety-team-ncst/advisory.

    FOR FURTHER INFORMATION CONTACT:

    Judith Mitrani-Reiser, Director, Disaster and Failure Studies Program, NIST, 100 Bureau Drive, Mail Stop 8615, Gaithersburg, MD 20899-8604, telephone 301-975-0684; or via email at [email protected]

    Committee Information

    The NCST Advisory Committee (Committee) was established in accordance with the National Construction Safety Team Act, Public Law 107-231 and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Committee shall advise the Director of NIST on carrying out the National Construction Safety Team Act (Act), review the procedures developed under section 2(c)(1) of the Act, and review the reports issued under section 8 of the Act.

    2. The Committee functions solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act.

    3. The Committee shall report to the Director of NIST.

    4. On January 1 of each year, the Committee shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report that includes: (1) An evaluation of National Construction Safety Team (Team) activities, along with recommendations to improve the operation and effectiveness of Teams, and (2) an assessment of the implementation of the recommendations of Teams and of the Committee.

    Membership

    1. The Committee shall consist of no less than 4 and no more than 12 members. Members shall reflect the wide diversity of technical disciplines and competencies involved in the National Construction Safety Teams investigations. Members shall be selected on the basis of established records of distinguished service in their professional community and their knowledge of issues affecting the National Construction Safety Teams.

    2. The Director of the NIST shall appoint the members of the Committee, and they will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    Miscellaneous

    1. Members of the Committee shall not be compensated for their services but may, upon request, be allowed travel and per diem expenses in accordance with 5 U.S.C. 5703.

    2. Members of the Committee shall serve as Special Government Employees (SGEs), will be subject to the ethics standards applicable to SGEs, and are required to file an annual Executive Branch Confidential Financial Disclosure Report.

    3. The Committee shall meet at least once per year. Additional meetings may be called whenever requested by the NIST Director or the Designated Federal Officer (DFO); such meetings may be in the form of telephone conference calls and/or videoconferences.

    Nomination Information

    1. Nominations are sought from industry and other communities having an interest in the National Construction Safety Teams investigations.

    2. Nominees should have established records of distinguished service. The field of expertise that the candidate represents should be specified in the nomination letter. Nominations for a particular field should come from organizations or individuals within that field. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on federal advisory boards and federal employment. In addition, each nomination letter should state that the nominee agrees to the nomination, acknowledges the responsibilities of serving on the Committee, and will actively participate in good faith in the tasks of the Committee.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Committee membership.

    Advisory Committee on Earthquake Hazards Reduction (ACEHR) ADDRESSES:

    Please submit nominations to Tina Faecke, Management and Program Analyst, National Earthquake Hazards Reduction Program, NIST, 100 Bureau Drive, Mail Stop 8604, Gaithersburg, MD 20899-8604. Nominations may also be submitted via fax to 301-975-4032 or email at [email protected] Additional information regarding the ACEHR, including its charter and executive summary may be found on its electronic home page at http://www.nehrp.gov.

    FOR FURTHER INFORMATION CONTACT:

    Steven McCabe, Director, National Earthquake Hazards Reduction Program, NIST, 100 Bureau Drive, Mail Stop 8604, Gaithersburg, MD 20899-8604, telephone 301-975-8549, fax 301-975-4032; or via email at [email protected]

    Committee Information

    The Advisory Committee on Earthquake Hazards Reduction (Committee) was established in accordance with the National Earthquake Hazards Reduction Program Reauthorization Act of 2004, Public Law 108-360 (42 U.S.C. 7704) and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Committee will act in the public interest to assess trends and developments in the science and engineering of earthquake hazards reduction; effectiveness of the National Earthquake Hazards Reduction Program (Program) in carrying out the activities under section (a)(2) of the Earthquake Hazards Reduction Act of 1977, as amended, (42 U.S.C. 7704(a)(2)); the need to revise the Program; and the management, coordination, implementation, and activities of the Program.

    2. The Committee will function solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act.

    3. The Committee shall report to the Director of NIST.

    4. The Committee shall report to the Director of NIST at least once every two years on its findings of the assessments and its recommendations for ways to improve the Program. In developing recommendations, the Committee shall consider the recommendations of the United States Geological Survey (USGS) Scientific Earthquake Studies Advisory Committee (SESAC).

    Membership

    1. The Committee shall consist of not fewer than 11, nor more than 17 members. Members shall reflect the wide diversity of technical disciplines, competencies, and communities involved in earthquake hazards reduction. Members shall be selected on the basis of established records of distinguished service in their professional community and their knowledge of issues affecting the National Earthquake Hazards Reduction Program.

    2. The Director of NIST shall appoint the members of the Committee. Members shall be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    3. The term of office of each member of the Committee shall be three years, except that vacancy appointments shall be for the remainder of the unexpired term of the vacancy and that members shall have staggered terms such that the Committee will have approximately one-third new or reappointed members each year.

    Miscellaneous

    1. Members of the Committee shall not be compensated for their services, but may, upon request, be allowed travel and per diem expenses in accordance with 5 U.S.C. 5701 et seq., while attending meetings of the Committee or subcommittees thereof, or while otherwise performing duties at the request of the Chairperson, while away from their homes or regular places of business.

    2. Members of the Committee shall serve as Special Government Employees (SGEs) and will be subject to the ethics standards applicable to SGEs, and are required to file an annual Executive Branch Confidential Financial Disclosure Report.

    3. The Committee members shall meet face-to-face at least once per year. Additional meetings may be called whenever requested by the NIST Director or the Chairperson; such meetings may be in the form of telephone conference calls and/or videoconferences.

    4. Committee meetings are open to the public.

    Nomination Information

    1. Members will be drawn from industry and other communities having an interest in the National Earthquake Hazards Reduction Program, such as, but not limited to, research and academic institutions, industry standards development organizations, state and local government, and financial communities, who are qualified to provide advice on earthquake hazards reduction and represent all related scientific, architectural, and engineering disciplines.

    2. Any person who has completed two consecutive full terms of service on the Committee shall be ineligible for appointment for a third term during the two-year period following the expiration of the second term.

    3. Nominees should have established records of distinguished service. The field of expertise that the candidate represents should be specified in the nomination letter. Nominations for a particular field should come from organizations or individuals within that field. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on federal advisory boards and federal employment. In addition, each nomination letter should state that the nominee agrees to the nomination, acknowledges the responsibilities of serving on the Committee, and will actively participate in good faith in the tasks of the Committee.

    4. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad based and diverse Committee membership.

    NIST Smart Grid Advisory Committee ADDRESSES:

    Please submit nominations to Mr. Cuong Nguyen, Smart Grid and Cyber-Physical Systems Program Office, NIST, 100 Bureau Drive, Mail Stop 8200, Gaithersburg, MD 20899-8200. Nominations may also be submitted via email to [email protected] Information about the NIST Smart Grid Advisory Committee may be found at https://www.nist.gov/engineering-laboratory/smart-grid/smart-grid-federal-advisory-committee.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Cuong Nguyen, Smart Grid and Cyber-Physical Systems Program Office, NIST, 100 Bureau Drive, Mail Stop 8200, Gaithersburg, MD 20899-8200; telephone 301-975-2254, fax 301-948-5668; or via email at [email protected]

    Committee Information

    The NIST Smart Grid Advisory Committee (Committee) was established in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App and with the concurrence of the General Services Administration.

    Objectives and Duties

    1. The Committee shall advise the Director of NIST in carrying out duties authorized by section 1305 of the Energy Independence and Security Act of 2007 (Pub. L. 110-140).

    2. The Committee duties are solely advisory in nature in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    3. The Committee shall report to the Director of NIST.

    4. The Committee shall provide input to NIST on the Smart Grid Standards, Priorities, and Gaps, on the overall direction, status and health of the Smart Grid implementation by the Smart Grid industry including identification of issues and needs, and on the direction of smart grid research and standards activities.

    5. Upon request of the Director of NIST, the Committee will prepare reports on issues affecting Smart Grid activities.

    Membership

    1. The Committee shall consist of no less than 9 and no more than 15 members. Members shall be selected on the basis of established records of distinguished service in their professional community and their knowledge of issues affecting Smart Grid deployment and operations. Members shall reflect the wide diversity of technical disciplines and competencies involved in the Smart Grid deployment and operations and will come from a cross section of organizations.

    2. The Director of NIST shall appoint the members of the Committee, and they will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    Miscellaneous

    1. Members of the Committee shall not be compensated for their service, but will, upon request, be allowed travel and per diem expenses, in accordance with 5 U.S.C. 5701 et seq., while attending meetings of the Committee or subcommittees thereof, while away from their homes or regular places of business.

    2. The Committee shall meet approximately two times per year at the call of the Designated Federal Officer (DFO). Additional meetings may be called by the DFO whenever one-third or more of the members so request it in writing or whenever the Director of NIST requests a meeting.

    Nomination Information

    1. Nominations are sought from all fields involved in issues affecting the Smart Grid.

    2. Nominees should have established records of distinguished service. The field of expertise that the candidate represents should be specified in the nomination letter. Nominations for a particular field should come from organizations or individuals within that field. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on Federal advisory boards and Federal employment. In addition, each nomination letter should state that the person agrees to the nomination, acknowledges the responsibilities of serving on the Committee, and will actively participate in good faith in the tasks of the Committee. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Committee membership.

    Visiting Committee on Advanced Technology (VCAT) ADDRESSES:

    Please submit nominations to Stephanie Shaw, Designated Federal Officer, VCAT, NIST, 100 Bureau Drive, Mail Stop 1060, Gaithersburg, MD 20899-1060. Nominations may also be submitted via fax to 301-216-0529 or via email at [email protected] Additional information regarding the VCAT, including its charter, current membership list, and past reports may be found on its electronic homepage at http://www.nist.gov/director/vcat/.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Shaw, Designated Federal Officer, VCAT, NIST, 100 Bureau Drive, Mail Stop 1060, Gaithersburg, MD 20899-1060, telephone 301-975-2667, fax 301-216-0529; or via email at [email protected]

    Committee Information

    The VCAT (Committee) was established in accordance with 15 U.S.C. 278 and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Committee shall review and make recommendations regarding general policy for NIST, its organization, its budget, and its programs, within the framework of applicable national policies as set forth by the President and the Congress. 15 U.S.C. 278(a).

    2. The Committee will function solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    3. The Committee shall report to the Director of NIST.

    4. The Committee shall provide an annual report, through the Director of NIST, to the Secretary of Commerce for submission to the Congress not later than 30 days after the submittal to Congress of the President's annual budget request in each year. Such report shall deal essentially, though not necessarily exclusively, with policy issues or matters which affect NIST, or with which the Committee in its official role as the private sector policy adviser of NIST is concerned. Each such report shall identify areas of research and research techniques of the Institute of potential importance to the long-term competitiveness of United States industry, in which the Institute possesses special competence, which could be used to assist United States enterprises and Untied States industrial joint research and development ventures. 15 U.S.C. 278(h)(1). The Committee shall submit, through the Director of NIST, to the Secretary and the Congress such additional reports on specific policy matters as it deems appropriate. 15 U.S.C. 278(h)(2).

    Membership

    1. The Committee shall consist of not fewer than nine members appointed by the Director of NIST, a majority of whom shall be from United States industry. 15 U.S.C. 278(a). Members shall be selected solely on the basis of established records of distinguished service; shall provide representation of a cross-section of traditional and emerging United States industries; and shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations. No employee of the Federal Government shall serve as a member of the Committee. 15 U.S.C. 278(b).

    2. The Director of NIST shall appoint the members of the Committee. Members shall be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance. 15 U.S.C. 278(a).

    3. The term of office of each member of the Committee shall be three years, except that vacancy appointments shall be for the remainder of the unexpired term of the vacancy. 15 U.S.C. 278(c)(1).

    Miscellaneous

    1. Members of the Committee will not be compensated for their services, but will, upon request, be allowed travel expenses in accordance with 5 U.S.C. 5701 et seq., while attending meetings of the Committee or of its subcommittees, or while otherwise performing duties at the request of the chairperson, while away from their homes or a regular place of business.

    2. Members of the Committee shall serve as Special Government Employees (SGEs) and will be subject to the ethics standards applicable to SGEs.

    3. Meetings of the VCAT usually take place at the NIST headquarters in Gaithersburg, Maryland. The Committee will meet at least twice each year at the call of the chairperson or whenever one-third of the members so request in writing. The Committee shall not act in the absence of a quorum, which shall consist of a majority of the members of the Committee not having a conflict of interest in the matter being considered by the Committee. 15 U.S.C. 278(d).

    4. Generally, Committee meetings are open to the public.

    Nomination Information

    1. Nominations are sought from all fields described above.

    2. Nominees should have established records of distinguished service and shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment and international relations. The category (field of eminence) for which the candidate is qualified should be specified in the nomination letter. Nominations for a particular category should come from organizations or individuals within that category. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on Federal advisory boards and Federal employment. In addition, each nomination letter should state that the candidate agrees to the nomination, acknowledges the responsibilities of serving on the VCAT, and will actively participate in good faith in the tasks of the VCAT.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse VCAT membership.

    Kevin Kimball, NIST Chief of Staff.
    [FR Doc. 2018-05092 Filed 3-13-18; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Science Advisory Board (SAB); Public Meeting of the NOAA Science Advisory Board AGENCY:

    Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC)

    ACTION:

    Notice of Open Meeting.

    SUMMARY:

    The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management.

    Time and Date: The meeting will be held Monday, 9 April, 2018 from 9:45 a.m. EDT to 5:00 p.m. EDT and on Tuesday, April 10, 2018 from 9:00 a.m. EDT to 11:40 p.m. EDT. These times and agenda topics described below are subject to change. Please refer to the web page www.sab.noaa.gov/SABMeetings.aspx for the most up-to-date meeting times and agenda.

    Place: The meeting will be held at The Westin DC City Center, 1400 M Street NW, Washington, DC.

    Status: The meeting will be open to public participation with a 15-minute public comment period on April 9 from 4:45-5:00 p.m. EDT (check website to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of three (3) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Executive Director by April 2, 2018 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by April 2, 2018, to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after April 2nd, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first-come, first-served basis.

    Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12:00 p.m. on April 2, 2018, to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East-West Highway, Silver Spring, MC 20910; Email: [email protected]

    Matters To Be Considered: The meeting will include the following topics: (1) SAB Biennial Work Plan: Discussion to Date and Discussion of Next Steps on SAB Biennial Work Plan; (2) Discussion of SAB Report on Arctic Research Review; (3) Discussion of SAB Report on Emerging Technologies for NOAA Ocean Research, Operations and Management in the Ecosystem Context; (4)Presentation of National Academy of Sciences Report: “Thriving on Our Changing Planet—A Decadal Strategy of Earth Observations from Space”; (5) Presentation of Report from the Environmental Information Services Working Group (EISWG); (6) Updates to the Terms of Reference (TOR) for Climate, Data Archive and Access and Environmental Information Systems Working Groups; and (7) Updates from the Acting NOAA Administrator and Acting Chief Scientist.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Cynthia Decker, Executive Director, Science Advisory Board, NOAA, Room 11230, 1315 East-West Highway, Silver Spring, MD 20910. Email: [email protected]; or visit the NOAA SAB website at http://www.sab.noaa.gov.

    Dated: February 27, 2018. David Holst, Chief Financial Officer/Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration.
    [FR Doc. 2018-05175 Filed 3-13-18; 8:45 am] BILLING CODE 3510-KD-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG024 Western Pacific Fishery Management Council (Council); Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Western Pacific Stock Assessment Review (WPSAR) Steering Committee will convene a public meeting to discuss and approve the 5-year calendar for stock assessments, and to address any other concerns related to the WPSAR process.

    DATES:

    The Steering Committee will meet from 1 to 3 p.m. on April 13, 2018.

    ADDRESSES:

    The meeting will be at the Council office, 1164 Bishop St., Suite 1400, Honolulu, HI 96813.

    FOR FURTHER INFORMATION CONTACT:

    Marlow Sabater, (808) 522-8143 or [email protected].

    SUPPLEMENTARY INFORMATION:

    The WPSAR steering committee consists of the Council's Executive Director, the Director of the NMFS Pacific Islands Fisheries Science Center, and the Regional Administrator of the NMFS Pacific Islands Regional Office. You may read more about WPSAR at https://www.pifsc.noaa.gov/peer_reviews/wpsar/index.php.

    The public will have an opportunity to comment during the meeting. The agenda order may change. The meeting will run as late as necessary to complete scheduled business.

    Meeting Agenda

    1. Introductions.

    2. Discuss and update the 5-year stock assessment review schedule, including any changes to the scheduling of reviews for stock assessments already on the calendar, and any new additions to the schedule.

    3. Discuss and update review levels, that is, whether the stock assessments on the calendar will be benchmark assessments (new assessments) or assessment updates (updates of existing models with recent data).

    4. Review the upcoming schedule and nominate additional products for review by the Center for Independent Experts, if necessary.

    5. Discuss the Stock Assessment Prioritization process.

    6. Discuss any changes related to the proposed action to reclassify certain management unit species as ecosystem component species.

    7. Discuss process and timing for efficient release of information, that is, from WPSAR to the Council's Scientific and Statistical Committee, to the Council, and to NMFS for rulemaking.

    8. Public Comment.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Make direct requests for sign language interpretation or other auxiliary aids to Marlowe Sabater at (808) 522-8143 or [email protected], at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 8, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-05145 Filed 3-13-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket Number DARS-2018-0011; OMB Control Number 0704-0255] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Construction and Architect-Engineer Contracts AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Notice and request for comments regarding a proposed extension of an approved information collection requirement.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through September 30, 2018. DoD proposes that OMB extend its approval for three additional years.

    DATES:

    DoD will consider all comments received by May 14, 2018.

    ADDRESSES:

    You may submit comments, identified by OMB Control Number 0704-0255, using any of the following methods:

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

    Email: [email protected] Include OMB Control Number 0704-0255 in the subject line of the message.

    Fax: 571-372-6094.

    Mail: Defense Acquisition Regulations System, Attn: Mr. Mark Gomersall, OUSD (A&S) DPAP (DARS), 3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Mark Gomersall, 571-372-6099. The information collection requirements addressed in this notice are available electronically on the internet at: http://www.acq.osd.mil/dpap/dfars/index.htm. Paper copies are available from Mr. Mark Gomersall, OUSD (A&S) DPAP (DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060.

    SUPPLEMENTARY INFORMATION:

    Title, Associated Form, and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS) part 236, Construction and Architect-Engineer Contracts, and related clauses at DFARS 252.236; OMB Control Number 0704-0255.

    Needs and Uses: DoD contracting officers need this information to evaluate contractor proposals for contract modifications; to determine that a contractor has removed obstructions to navigation; to review contractor requests for payment for mobilization and preparatory work; to determine reasonableness of costs allocated to mobilization and demobilization; and to determine eligibility for the 20 percent evaluation preference for United States firms in the award of some overseas construction contracts.

    Affected Public: Businesses and other for-profit entities.

    Respondent's Obligation: Required to obtain or retain benefits.

    Type of Request: Revision of a currently approved collection.

    Reporting Frequency: On occasion.

    Number of Respondents: 1,735.

    Responses per Respondent: 5.

    Annual Responses: 8,675.

    Average Burden per Response: 12.

    Annual Response Burden Hours: 104,100.

    Summary of Information Collection

    DFARS 236.570(a) prescribes use of the clause at DFARS 252.236-7000, Modification Proposals—Price Breakdown, in all fixed-price construction solicitations and contracts. The clause requires the contractor to submit a price breakdown with any proposal for a contract modification.

    DFARS 236.570(b) prescribes use of the following clauses in fixed-price construction contracts and solicitations as applicable:

    (1) The clause at DFARS 252.236-7002, Obstruction of Navigable Waterways, requires the contractor to notify the contracting officer of obstructions in navigable waterways.

    (2) The clause at DFARS 252.236-7003, Payment for Mobilization and Preparatory Work, requires the contractor to provide supporting documentation when submitting requests for payment for mobilization and preparatory work.

    (3) The clause at DFARS 252.236-7004, Payment for Mobilization and Demobilization, permits the contracting officer to require the contractor to furnish cost data justifying the percentage of the cost split between mobilization and demobilization, if the contracting officer believes that the proposed percentages do not bear a reasonable relation to the cost of the work.

    DFARS 236.570(c) prescribes use of the following provisions in solicitations for military construction contracts that are funded with military construction appropriations and are estimated to exceed $1,000,000:

    (1) The provision at DFARS 252.236-7010, Overseas Military Construction—Preference for United States Firms, when contract performance will be in a United States outlying area in the Pacific or in a country bordering the Arabian Gulf, requires an offeror to specify whether or not it is a United States firm.

    (2) The provision at DFARS 252.236-7012, Military Construction on Kwajalein Atoll—Evaluation Preference, when contract performance will be on Kwajalein Atoll, requires an offeror to specify whether it is a United States firm, a Marshallese firm, or other firm.

    Jennifer L. Hawes, Regulatory Control Officer,Defense Acquisition Regulations System.
    [FR Doc. 2018-05183 Filed 3-13-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket Number DARS-2018-0010; OMB Control Number 0704-0187] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Information Collection in Support of the DoD Acquisition Process (Various Miscellaneous Requirements) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Notice and request for comments regarding a proposed extension of an approved information collection requirement.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through July 31, 2018. DoD proposes that OMB extend its approval for three additional years.

    DATES:

    DoD will consider all comments received by May 14, 2018.

    ADDRESSES:

    You may submit comments, identified by OMB Control Number 0704-0187, using any of the following methods:

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

    Email: [email protected] Include OMB Control Number 0704-0187 in the subject line of the message.

    Fax: 571-372-6094.

    Mail: Defense Acquisition Regulations System, Attn: Ms. Amy Williams, OUSD (A&S) DPAP (DARS), 3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Amy Williams, 571-372-6106. The information collection requirements addressed in this notice are available electronically on the internet at: http://www.acq.osd.mil/dpap/dfars/index.htm. Paper copies are available from Ms. Amy Williams, OUSD (A&S) DPAP (DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060.

    SUPPLEMENTARY INFORMATION:

    Title, Associated Form, and OMB Number: Information Collection in Support of the DoD Acquisition Process (Various Miscellaneous Requirements); OMB Control Number 0704-0187.

    Needs and Uses: This information collection requirement pertains to information required in DFARS parts 208, 209, 235, and associated clauses in part 252 that an offeror must submit to DoD in response to a request for proposals or an invitation for bids or a contract requirement. DoD uses this information to—

    • Determine whether to provide precious metals as Government-furnished material;

    • Determine whether a foreign government owns or controls the offeror to prevent access to proscribed information;

    • Determine whether there is a compelling reason for a contractor to enter into a subcontract in excess of $30,000 with a firm, or subsidiary of a firm, that is identified in the “List of Parties Excluded from Federal Procurement and Nonprocurement” as being ineligible for award of Defense subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism;

    • Evaluate claims of indemnification for losses or damages occurring under a research and development contract; and

    • Keep track of radio frequencies on electronic equipment under research and development contracts so that the user does not override or interfere with the use of that frequency by another user.

    Affected Public: Businesses or other for-profit and not-for-profit institutions.

    Respondent's Obligation: Required to obtain or retain benefits.

    Type of Request: Revision of a currently approved collection.

    Number of Respondents: 308.

    Responses per Respondent: 1.

    Annual Responses: 308.

    Average Burden per Response: 2 hours.

    Annual Burden Hours: 616.

    Frequency: On occasion.

    Summary of Information Collection

    This information collection pertains to information, as required in DFARS Parts 208, 209, 235, and associated clauses in Part 252 that an offeror must submit to DoD in response to a request for proposals or an invitation for bids or a contract requirement. The information collection covers the following DFARS requirements:

    252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material. Paragraph (b) of this clause requires an offeror to cite the type and quantity of precious metals required in the performance of the contract. Paragraph (c) requires the offeror to submit two prices for each deliverable item that contains precious metals: one based on the Government furnishing the precious metals, and the other based on the contractor furnishing the precious metals.

    252.209-7002, Disclosure of Ownership or Control by a Foreign Government. Paragraph (d) requires the offeror to provide a disclosure with its offer of any interest a foreign government has in the offeror when that interest constitutes control of the offeror by a foreign government.

    252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. Paragraph (b) requires the Contractor to notify the contracting officer in writing before entering into a subcontract in excess of $30,000 with a party that is identified in the List of Parties Excluded from Federal Procurement and Nonprocurement Programs as being ineligible for award of Defense subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism. The contractor must provide the name of the proposed subcontractor and the compelling reasons for doing business with the subcontractor.

    252.235-7000, Indemnification under 10 U.S.C. 2534—Fixed Price; 252.235-7001, and Indemnification under 10 U.S.C. 2534—Cost-Reimbursement. Paragraphs (f) and (e), respectively, of these clauses require contractors to notify the contracting officer of any claim and provide (i) proof or evidence of a claim and (ii) copies of all pertinent papers when the contractor is to be indemnified.

    DFARS 252.235-7003, Frequency Authorization. Paragraph (b) requires that the contractor or subcontractor provide to the contracting officer the technical operating characteristics for any experimental, developmental, or operational equipment for which the appropriate frequency allocation has not been made.

    Jennifer L. Hawes, Regulatory Control Officer, Defense Acquisition Regulations System.
    [FR Doc. 2018-05177 Filed 3-13-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket Number DARS-2018-0012; OMB Control Number 0704-0454] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Administrative Matters AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Notice and request for comments regarding a proposed extension of an approved information collection requirement.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through September 30, 2018. DoD proposes that OMB extend its approval for three additional years.

    DATES:

    DoD will consider all comments received by May 14, 2018.

    ADDRESSES:

    You may submit comments, identified by OMB Control Number 0704-0454, using any of the following methods:

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

    Email: [email protected] Include OMB Control Number 0704-0454 in the subject line of the message.

    Fax: 571-372-6094.

    Mail: Defense Acquisition Regulations System, Attn: Mr. Mark Gomersall, OUSD(A&S)DPAP(DARS), 3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Mark Gomersall, 571-372-6099. The information collection requirements addressed in this notice are available electronically on the internet at: http://www.acq.osd.mil/dpap/dfars/index.htm. Paper copies are available from Mr. Mark Gomersall, OUSD(A&S)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060.

    SUPPLEMENTARY INFORMATION:

    Title, Associated Form, and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS), U.S.-International Atomic Energy Agency Additional Protocol; OMB Control Number 0704-0454.

    Needs and Uses: This requirement is necessary to provide for protection of information or activities with national security significance. As such, this information collection requires contractors to comply with the notification process at DFARS 252.204-7010, Requirement for Contractor to Notify DoD if the Contractor's Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol.

    Affected Public: Businesses and other for-profit entities and not-for-profit institutions.

    Respondent's Obligation: Required to obtain or retain benefits.

    Type of Request: Renewal of a currently approved collection.

    Reporting Frequency: On occasion.

    Number of Respondents: 300.

    Responses Per Respondent: 1.

    Annual Responses: 300.

    Average Burden Per Response: 1 hour.

    Annual Response Burden Hours: 300.

    Summary of Information Collection

    Under the U.S.-International Atomic Energy Agency (IAEA) Additional Protocol, the United States is required to declare a wide range of public and private nuclear-related activities to the IAEA and potentially provide access to IAEA inspectors for verification purposes. The U.S.-IAEA Additional Protocol permits the United States unilaterally to declare exclusions from inspection requirements for activities with direct national security significance.

    The DFARS clause at 252.204-7010, as prescribed at DFARS 204.470-3, is included in contracts for research and development or major defense acquisition programs involving fissionable materials (e.g., uranium, plutonium, neptunium, thorium, americium); other radiological source materials; or technologies directly related to nuclear power production, including nuclear or radiological waste materials.

    The clause requires a contractor to provide written notification to the applicable DoD program manager and a copy of the notification to the contracting officer if the contractor is required to report its activities under the U.S.-IAEA Additional Protocol. Upon such notification, DoD will determine if access may be granted to IAEA inspectors, or if a national security exclusion should be applied.

    Jennifer L. Hawes, Regulatory Control Officer Defense Acquisition Regulations System.
    [FR Doc. 2018-05185 Filed 3-13-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD-2018-HA-0009] Proposed Collection; Comment Request AGENCY:

    Office of the Assistant Secretary of Defense for Health Affairs, DoD.

    ACTION:

    Information collection notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by May 14, 2018.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    • Mail: Department of Defense, Office of the Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700.

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

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to Defense Health Agency (DHA), Public Health Division, Health Care Operations Directorate (ATTN: Major Mary Bauza-Lawver), 7700 Arlington Blvd., Falls Church, VA 22042 or call 703-681-5870.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Screening and Monitoring of DoD Personnel Deployed to Ebola Outbreak Areas; DD Form 2990 and DD Form 2991; OMB Control Number 0720-0056.

    Needs and Uses: The information collection requirement is necessary to ensure DoD personnel deployed in support of Operation UNITED ASSISTANCE are promptly evaluated for possible exposure(s) to the Ebola virus during deployment to, and within 12 hours prior to departing from, an Ebola outbreak country or region. Ebola is a Quarantinable Communicable Disease as named in Executive Order 13295 and supported by several DoD regulations and Federal laws. This information will be used by DoD medical and public health officials to (1) ensure Ebola exposure risk is evaluated, (2) proper prevention and quarantine efforts are implemented, (3) appropriate medical care is provided, (4) medical surveillance programs are robust and (5) the spread of Ebola beyond area of concern is minimized. The DoD has consulted with the Centers for Disease Control and Prevention, the Department of State, the Agency for International Development, and several Defense Agencies regarding disease control efforts and health surveillance in response to the public health emergency in West Africa and worldwide. DoD has also specifically discussed these new information collections with representatives of the various Military Services, representing deploying military members who have participated in the development of the content of these forms.

    Affected Public: Individuals or Households.

    Annual Burden Hours: 480.

    Number of Respondents: 1,200.

    Responses per Respondent: 2.

    Annual Responses: 2400.

    Average Burden per Response: 12 minutes.

    Frequency: On occasion.

    Respondents are DoD personnel (active duty service members, federal civilian employees and contractors). Using the DD2990 and DD2991, information will be collected from respondents during deployment and just prior to redeployment (return from deployment). This information will provide for health surveillance while deployed, removal from duty if representing a health risk to self or others, apprehension and detention, or conditional release of individuals to prevent the introduction, transmission, or spread of suspected communicable diseases, pursuant to section 361(b) of the Public Health Service Act (42 U.S.C. 264), UCMJ, DoD Directive 6490.02E, DoD Instruction 6490.03, 5 CFR 339.301. The information will also be collected in order to identify any health concerns and to refer individuals for additional assessment and/or care. The overall intent is to protect the health of the individual and public from EBV. This information will also be included in deployer's medical records.

    Dated: March 9, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-05192 Filed 3-13-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD-2016-OS-0078] Proposed Collection; Comment Request AGENCY:

    Office of the Under Secretary of Defense for Personnel and Readiness, DoD.

    ACTION:

    Information collection notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by May 14, 2018.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700.

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

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Defense Manpower Data Center (DMDC) at: ATTN: Joint Personnel Adjudication System (JPAS), Defense Manpower Data Center (DMDC); Suite 04E25, 4800 Mark Center Drive, Alexandria, VA 22350-3100, or fax at 571-372-1059.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Joint Personnel Adjudication System (JPAS); OMB Control Number 0704-0496.

    Needs and Uses: This information collection is necessary as the JPAS system requires personal data collection to facilitate the initiation, investigation and adjudication of information relevant to DoD security clearances and employment suitability determinations for active duty military, civilian employees and contractors requiring such credentials. As a Personnel Security System it is the authoritative source for clearance information resulting in accesses determinations to sensitive/classified information and facilities.

    Affected Public: Individuals or Households.

    Annual Burden Hours: 333,375.

    Number of Respondents: 22,225.

    Responses per Respondent: 45.

    Annual Responses: 1,000,125.

    Average Burden per Response: 20 minutes.

    Frequency: On occasion.

    The Joint Personnel Adjudication System (JPAS) is a DoD personnel security system and is the authoritative source for clearance information resulting in access determinations to sensitive/classified information and facilities. Collection and maintenance of personal data in JPAS is required to facilitate the initiation, investigation and adjudication of information relevant to DoD security clearances and employment suitability determinations for active duty military, civilian employees, and contractors requiring such credentials. Facility Security Officers (FSOs) working in private companies that contract with DoD and who need access to the JPAS system to update security-related information about their company's employees must complete DD Form 2962. Specific uses include: Facilitation for DoD Adjudicators and Security Managers to obtain accurate up-to-date eligibility and access information on all personnel (military, civilian and contractor personnel) adjudicated by the DoD. The DoD Adjudicators and Security Managers are also able to update eligibility and access levels of military, civilian and contractor personnel nominated for access to sensitive DoD information. Once granted access, the FSOs maintain employee personal information, submit requests for investigations, and submit other relevant personnel security information into JPAS on over 1,000,000 contract employees annually.

    Dated: March 9, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-05196 Filed 3-13-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION [Docket ID ED-2017-IES-0082] Privacy Act of 1974; System of Records AGENCY:

    Institute of Education Sciences, Department of Education.

    ACTION:

    Notice of a new system of records.

    SUMMARY:

    In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (the Department) publishes this notice of a new system of records entitled “Impact Study of Feedback for Teachers based on Classroom Videos (18-13-40).” This system contains individually identifying information provided by individuals and school districts who participate in the impact study. The information contained in the records maintained in this system will be used to conduct a rigorous study of the effectiveness of support to teachers based on their teaching practices within their classroom.

    DATES:

    Submit your comments on this new system of records notice on or before April 13, 2018.

    This new system of records will become applicable upon publication in the Federal Register on March 14, 2018, unless the new system of records notice needs to be changed as a result of public comment. The routine uses listed under “ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES” will become applicable on April 13, 2018, unless the new system of records notice needs to be changed as a result of public comment. The Department will publish any significant changes to the system of records or routine uses that result from public comment.

    ADDRESSES:

    Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments.

    Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under the “help” tab.

    Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about this new system of records, address them to: Teresa Cahalan, SORN Coordinator, Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th Street SW, Room 4126, Washington, DC 20202.

    Privacy Note: The Department's policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available.

    Assistance to Individuals with Disabilities in Reviewing the Rulemaking Record: On request, we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    FOR FURTHER INFORMATION CONTACT:

    Teresa Cahalan, SORN Coordinator, Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th Street SW, Room 4126, Washington, DC 20202 or by email at [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), you may call the Federal Relay Service, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Introduction: The information contained in the records maintained in this system will be used to conduct a rigorous study of the effectiveness of feedback for teachers based on classroom videos to inform effective teacher preparation and professional development.

    The study will address the following central research questions: What is the impact on teaching practices and student achievement of providing novice teachers with feedback on their teaching using multiple videos of their classroom practices? What is the impact on teaching practices and student achievement of providing early career teachers (those in their second, third, or fourth year of teaching) with feedback on their teaching using multiple videos of their classroom practices? Secondary research questions for the study are: Is intensive feedback more effective for certain types of teachers or students? On which teaching practices should feedback interventions focus?

    Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the 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 this 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 8, 2018. Thomas Brock, Commissioner, National Center for Education Research, Delegated the Duties of the Director of the Institute of Education Sciences. SYSTEM NAME AND NUMBER:

    Impact Study of Feedback for Teachers based on Classroom Videos (18-13-40).

    SECURITY CLASSIFICATION:

    Unclassified.

    SYSTEM LOCATION:

    The location is at Mathematica Policy Research, P.O. Box 2393, Princeton, NJ 08543-2393 (contractor).

    SYSTEM MANAGER:

    Project's contracting officer representative, Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th Street SW, Room 4114, Washington, DC 20202.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    The study is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA)(20 U.S.C. 9561(b) and 9563) and section 8601 of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (20 U.S.C. 7981).

    PURPOSE(S) OF THE SYSTEM:

    The information contained in the records maintained in this system will be used to conduct a rigorous study of the effectiveness of feedback for teachers based on classroom videos to inform effective teacher preparation and professional development.

    The study will address the following central research questions: What is the impact on teaching practices and student achievement of providing novice teachers with feedback on their teaching using multiple videos of their classroom practices? What is the impact on teaching practices and student achievement of providing early career teachers (those in their second, third, or fourth year of teaching) with feedback on their teaching using multiple videos of their classroom practices? Secondary research questions for the study are: Is intensive feedback more effective for certain types of teachers or students? On which teaching practices should feedback interventions focus?

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    The system of records will include individually identifying information about teachers who participate in the study and their students. The system will contain records on approximately 500 teachers and 10,625 students from up to 12 school districts.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    For teachers, this information will include, but will not necessarily be limited to, teacher name, background characteristics, teaching experience, teacher preparation experiences, knowledge of teaching practice, experience with professional development, feedback to support their teaching practice, and videos of classroom practice and ratings of teaching practice conducted by the study team using the videos. For students, this information will include, but will not necessarily be limited to, standardized math and English/Language Arts test scores, age, sex, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, and individualized education plan status.

    RECORD SOURCE CATEGORIES:

    Data will be obtained through: Human resource and student administrative records maintained by the school districts; videos of classroom practice and ratings of teaching practice conducted by the study team using the videos; and surveys of teachers administered by the study team.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

    The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. The Department may make these disclosures on a case-by-case basis. Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences. Any disclosure of personally identifiable information from student education records that were obtained from school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR part 99), which protects the privacy of student education records.

    (1) Teacher Identification Disclosure. In order for the Department to link teacher data that the Department maintains as part of this study to the administrative records of that teacher's students maintained by the participating school districts for purposes consistent with the conduct of the study, the Department may disclose to each participating school district the identities of teachers from that school district who are participating in this study.

    (2) Contract Disclosure. If the Department contracts with an entity for the purposes of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees. As part of such a contract, the Department will require the contractor to agree to maintain safeguards to protect the security and confidentiality of the records disclosed from the system.

    (3) Research Disclosure. The Director of the Institute of Education Sciences may disclose information from this system of records to qualified researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of this system of records. The classroom videos will not be included in disclosures of records that are made under this routine use. The researcher must agree to maintain safeguards to protect the security and confidentiality, consistent with section 183(c) of the ESRA (20 U.S.C. 9573(c)) of the records disclosed from this system. When personally identifiable information from a student's education record will be disclosed to the researcher, under FERPA (20 U.S.C. 1232g(b)), the researcher also must agree to comply with the requirements in the applicable FERPA exception to consent.

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    Records in this system of records are maintained in a secure, password-protected electronic system.

    POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

    Records in this system will be indexed and retrieved by a unique number assigned to each teacher that will be cross-referenced by the individual's name on a separate list.

    The contractor's employees who “maintain” (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a) and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review. The records will not be destroyed until such time as NARA approves said schedule.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    Security protocols for this system of records (Impact Study of Feedback for Teachers based on Classroom Videos) meet all required security standards

    The contractor is required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files. The contractor will maintain security of the complete set of all master data files and documentation. Access to individually identifiable data will be strictly controlled. All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.

    Physical security of electronic data also will be maintained. Security features that protect project data will include: Password-protected accounts that authorize users to use the contractor's system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed. The contractor's employees who “maintain” (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).

    RECORD ACCESS PROCEDURES:

    If you wish to request access to your records, you must contact the system manager at the address listed under SYSTEM MANAGER AND ADDRESS. Your request must provide the necessary particulars of your full name, address, telephone number, and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name. Your request must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.

    CONTESTING RECORD PROCEDURES:

    If you wish to contest the content of a record regarding you in the system of records, you must contact the system manager at the address listed above. Your request must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.7.

    NOTIFICATION PROCEDURES:

    If you wish to inquire whether a record exists regarding you in this system, you must contact the system manager at the address listed above. You must provide the necessary particulars of your full name, address, telephone number, and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name. Your request must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    None.

    [FR Doc. 2018-05195 Filed 3-13-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14868-000] Pioneer Valley Renewables; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On February 13, 2018, Pioneer Valley Renewables, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Scotlandville Bend Project (Scotlandville Project or project) to be located on the Mississippi River, in West Baton Rouge and East Baton Rouge Parishes, Louisiana. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    The proposed project would consist of the following: (1) Four underwater, carbon fiber shroud and blade design turbine-generating units, each with a diameter of 18 meters and a cross section of 4 meters; (2) each pair of units will be mounted on a riverbed secured piling, 30 meters apart; (3) flexible cables would convey power to a metering station; and (4) a transmission line would interconnect with the power grid. Each unit would have an installed capacity of 1.5 megawatts for a total generating capacity of 6 megawatts. The proposed project would have an estimated average annual generation of 40,000 megawatt-hours, which would be sold.

    Applicant Contact: Mr. Mark D. Farb, Pioneer Valley Renewables, 240 Central Avenue, 1J, Lawrence, New York 11559; phone: (631) 552-0284.

    FERC Contact: Michael Spencer, (202) 502-6093, [email protected]

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket number P-14868-000.

    More information about this project, including a copy of the application, can be viewed or printed on the eLibrary link of Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14868) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: March 7, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05110 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Attendance at the Colorado Public Utilities Commission's Fifth Commissioner Information Meeting

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of its staff may attend the Colorado Public Utilities Commission's Commissioner Information Meeting (CIM) as noted below. Their attendance is part of the Commission's ongoing outreach efforts.

    The CIM will be held on March 20, 2018 from 9:00 a.m. until 3:00 p.m. Mountain Time at the Colorado Public Utilities Commission, Hearing Room A, 1560 Broadway, Suite 250, Denver, CO 80202. The phone number is (303) 894-2533.

    The discussions may address matters at issue in the following proceedings:

    Docket No. ER12-1179, Southwest Power Pool, Inc. Docket No. ER15-1809, ATX Southwest, LLC Docket No. ER15-2028, Southwest Power Pool, Inc. Docket No. ER15-2115, Southwest Power Pool, Inc. Docket No. ER15-2236, Midwest Power Transmission Arkansas, LLC Docket No. ER15-2237, Kanstar Transmission, LLC Docket No. ER15-2324, Southwest Power Pool, Inc. Docket No. ER15-2594, South Central MCN LLC Docket No. EL16-91, Southwest Power Pool, Inc. Docket No. EL18-19, Southwest Power Pool, Inc. Docket No. EL16-108, Tilton Energy v. Midcontinent Independent System Operator, Inc. Docket No. EL16-110, Southwest Power Pool, Inc. Docket No. ER16-204, Southwest Power Pool, Inc. Docket No. ER16-2522, Southwest Power Pool, Inc. Docket No. ER16-2523, Southwest Power Pool, Inc. Docket No. EL17-11, Alabama Power Co. v. Southwest Power Pool, Inc. Docket No. EL17-21, Kansas Electric Co. v. Southwest Power Pool, Inc. Docket No. EL17-69, Buffalo Dunes et al. v. Southwest Power Pool, Inc. Docket No. EL17-86, Nebraska Public Power District v. Southwest Power Pool, Inc. Docket No. ER17-426, Southwest Power Pool, Inc. Docket No. ER17-428, Southwest Power Pool, Inc. Docket No. ER17-469, Southwest Power Pool, Inc. Docket No. ER17-772, Southwest Power Pool, Inc. Docket No. ER17-889, Southwest Power Pool, Inc. Docket No. ER17-953, South Central MCN LLC Docket No. ER17-1092, Southwest Power Pool, Inc. Docket No. ER17-1575, Southwest Power Pool, Inc. Docket No. ER17-2229, Southwest Power Pool, Inc. Docket No. ER18-171, Southwest Power Pool, Inc. Docket No. ER18-194, Southwest Power Pool, Inc. Docket No. ER18-195, Southwest Power Pool, Inc. Docket No. ER18-374, Southwest Power Pool, Inc. Docket No. ER18-381, Southwest Power Pool, Inc. Docket No. ER18-499, Southwestern Electric Power Company Docket No. ER18-500, Southwestern Electric Power Company Docket No. ER18-590, Southwest Power Pool, Inc. Docket No. ER18-594, Southwest Power Pool, Inc. Docket No. ER18-592, Southwest Power Pool, Inc. Docket No. ER18-599, Southwest Power Pool, Inc. Docket No. ER18-736, Southwest Power Pool, Inc. Docket No. ER18-748, Southwest Power Pool, Inc. Docket No. ER18-769, Southwest Power Pool, Inc. Docket No. ER18-840, Xcel Energy Services, Inc. Docket No. ER18-854, Southwest Power Pool, Inc. Docket No. EL18-9-000, Xcel Energy Services, Inc. v. Southwest Power Pool, Inc. Docket No. EL18-20-000, Indicated SPP Transmission Owners v. Southwest Power Pool, Inc. Docket No. EL18-26, EDF Renewable Energy, Inc. v. Midcontinent Independent System Operator, Inc., Southwest Power Pool, Inc., and PJM Interconnection, L.L.C. Docket No. EL18-35, Southwest Power Pool, Inc.

    This meeting is open to the public.

    For more information, contact Patrick Clarey, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (317) 249-5937 or [email protected]

    Dated: March 6, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05106 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL18-123-000; QF87-481-002] T.E.S. Filer City Station Limited Partnership; Notice of Application

    Take notice that on March 5, 2018, T.E.S. Filer City Station Limited Partnership, filed an application for Commission Certification as a Qualifying Cogeneration Facility.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on March 27, 2018.

    Dated: March 6, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05105 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Effectiveness of Exempt Wholesale Generator Status State Edge Wind I LLC EG18-20-000 State Edge Wind I Holdings LLC EG18-21-000 Hardin Wind Energy LLC EG18-22-000 Hardin Wind Energy Holdings LLC EG18-23-000 Beech Ridge Energy II Holdings LLC EG18-24-000 Clean Energy Future-Lordstown, LLC EG18-25-000 Tahoka Wind, LLC EG18-26-000

    Take notice that during the month of February 2018, the status of the above-captioned entities as Exempt Wholesale Generators became effective by operation of the Commission's regulations. 18 CFR 366.7(a) (2017).

    Dated: March 8, 2018. Nathaniel J. Davis, Sr., Deputy Secretary
    [FR Doc. 2018-05096 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR18-17-000] TransMontaigne Product Services LLC v. Colonial Pipeline Company; Notice of Complaint

    Take notice that on March 1, 2018, pursuant to Rule 206 of the Rules of the Practice and Procedure of the Federal Energy Regulatory Commission (Commission) 18 CFR 385.206 (2017), Part 343 of the Commission's Rules and Regulations, 18 CFR 343 et seq. (2017) and sections 1(5), 6, 8, 9, 13, 15 and 16 of the Interstate Commerce Act, 49 U.S.C. App 1(5), 6, 8, 9, 13,15, and 16 and Section 1803 of the Energy Policy Act of 1992, TransMontaigne Product Services LLC (TransMontaigne or Complainant) filed a complaint against Colonial Pipeline Company (Colonial or Respondent) challenging that the justness and reasonableness of the rates charged by Colonial for transportation service pursuant to certain tariffs on file with the Commission, all as more fully explained in the complaint.

    TransMontaigne certifies that copies of the complaint were served on the contacts for Colonial as listed on the Commission's list of Corporate Officials.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on April 2, 2018.

    Dated: March 6, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05107 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER18-974-000] NTE Carolinas, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding NTE Carolinas, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is March 28, 2018.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: March 8, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-05097 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP18-276-000] Southern Star Central Gas Pipeline, Inc.; Notice of Technical Conference

    Take notice that a technical conference will be held on Wednesday, March 21, 2018 at 10:00 a.m. (Eastern Standard Time), in a room to be determined at the offices of the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    At the technical conference, the Commission Staff and the parties to the proceeding should be prepared to discuss all issues set for technical conference as established in the January 30, 2018 Order, Southern Star Central Gas Pipeline, Inc., 162 FERC 61,070. All interested persons are permitted to attend.

    Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an email to [email protected] or call toll free 1-866-208-3372 (voice) or 202-502-8659 (TTY); or send a fax to 202-208-2106 with the required accommodations.

    For more information about this technical conference, please contact Richard Wartchow, 202-502-6000.

    Dated: March 7, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05111 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-96-000] Elkton Acquisition Corp.; Notice of Application

    Take notice that on February 28, 2018, Elkton Acquisition Corp. (EAC), 7 St. Paul Street, Suite 820, Baltimore, Maryland 21202, filed in Docket No. CP18-96-000, an application pursuant to section 7(f) of the Natural Gas Act (NGA) requesting a service area determination to allow it to provide natural gas distribution service from certain facilities (Elkton Facilities) in Delaware across the state line into Maryland. EAC is acquiring the Elkton Facilities from Elkton Gas (Elkton), a Maryland local distribution company. The Commission previously granted Elkton a service area determination subject to the regulatory oversight of the Maryland Public Service Commission (MdPSC). EAC seeks to succeed that service area determination because the Elkton Facilities will be owned and operated by a new corporate entity. EAC states that after its acquisition of Elkton, it will continue to provide the same natural gas services previously provided by Elkton, subject to the regulatory oversight of the MdPSC. EAC additionally requests that the Commission determine that EAC qualifies as a local distribution company for the purposes of transportation under section 311 of the Natural Gas Policy Act of 1978 and that it be granted waiver of all reporting and accounting requirements, as well as other rules and regulations that are normally applicable to natural gas companies subject to the Commission's jurisdiction, 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 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, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions concerning this application may be directed to Kirstin E. Gibbs, Morgan, Lewis & Bockius LLP, 1111 Pennsylvania Avenue NW, Washington, DC 20004-2541, by telephone at (202) 739-5026, by fax at (202) 739-3001, or by 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 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 29, 2018.

    Dated: March 8, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05104 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Membership of Performance Review Board for Senior Executives

    The Federal Energy Regulatory Commission hereby provides notice of the membership of its Performance Review Board (PRB) for the Commission's Senior Executive Service (SES) members. The function of this board is to make recommendations relating to the performance of senior executives in the Commission. This action is undertaken in accordance with Title 5, U.S.C., Section 4314(c)(4).

    The Commission's PRB will remove the following members:

    Steven Wellner David Morenoff Michael Bardee

    The Commission's PRB will add the following members:

    Anthony Pugliese James Danly Joseph McClelland Nils Nichols Dated: March 7, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05109 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC18-51-000.

    Applicants: MDU Resources Group, Inc.

    Description: Supplement to January 31, 2018 Application [Revised Exhibit N] for Authorization Under Section 203 of the Federal Power Act of MDU Resources Group, Inc.

    Filed Date: 3/7/18.

    Accession Number: 20180307-5144.

    Comments Due: 5 p.m. ET 3/28/18.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG18-49-000.

    Applicants: Midway Wind, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Midway Wind, LLC.

    Filed Date: 3/8/18.

    Accession Number: 20180308-5018.

    Comments Due: 5 p.m. ET 3/29/18.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER18-378-002.

    Applicants: Public Service Company of Colorado.

    Description: Tariff Amendment: 20180308 5th Amended IREA PPA—Amended to be effective 12/5/2017.

    Filed Date: 3/8/18.

    Accession Number: 20180308-5143.

    Comments Due: 5 p.m. ET 3/29/18.

    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 8, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-05094 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC18-2-000] Commision Information Collection Activities (FERC-725Y), Comment Request; Extension AGENCY:

    Federal Energy Regulatory Commission, Department of Energy.

    ACTION:

    Notice of extension 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 submitting its information collection FERC-725Y, Mandatory Reliability Standards (Personnel Performance, Training, and Qualifications), to the Office of Management and Budget (OMB) for review of the information collection requirements.

    Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission previously published a Notice in the Federal Register on 12/26/2017 requesting public comments. The Commission received no comments on the FERC-725Y information collection and is making this notation in its submittal to OMB.

    DATES:

    Comments on the collection of information are due by April 13, 2018.

    ADDRESSES:

    Comments filed with OMB, identified by the OMB Control No. 1902-0279, should be sent via email to the Office of Information and Regulatory Affairs: [email protected] Attention: Federal Energy Regulatory Commission Desk Officer. The Desk Officer may also be reached via telephone at 202-395-0710.

    A copy of the comments should also be sent to the Commission, in Docket No. IC18-2-000, 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], by telephone at (202) 502-8663, and by fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    Title: FERC-725Y, Mandatory Reliability Standard (Personnel Performance, Training, and Qualifications).

    OMB Control No.: 1902-0279.

    Type of Request: Three-year extension of the FERC-725Y information collection requirements with no changes to the reporting requirements.

    Abstract: The FERC-725Y information collection is intended to help ensure the safe and reliable operation of the interconnected grid through the retention of suitably trained and qualified personnel in positions that can impact the reliable operation of the Bulk-Power System. The Commission uses the FERC-725Y to implement the Congressional mandate of the Energy Policy Act of 2005 to develop mandatory and enforceable Reliability Standards to better ensure the reliability of the nation's Bulk-Power System. FERC-725Y will ensure that personnel performing or supporting real-time operations on the Bulk Electric System (BES) are trained using a systematic approach. The Reliability Standard requires entities to maintain records subject to review by the Commission and NERC to ensure compliance with the Reliability Standard.

    The Reliability Standard requires entities to maintain records subject to review by the Commission and NERC to ensure compliance with the Reliability Standard. This Reliability Standard contains of five Requirements:

    • R1 requires reliability coordinators, balancing authorities, and transmission operators to develop and implement a training program for system operators.

    • R2 requires transmission owners to develop and implement a training program for system operators.

    • R3 requires reliability coordinators, balancing authorities, transmission operators and transmission owners to verify the capabilities of their identified personnel.

    • R4 requires reliability coordinators, balancing authorities, transmission operators and transmission owners to provide those personnel with emergency operations training using simulation technology.

    • R6 requires applicable generator operators to develop and implement training for certain of their dispatch personnel at a centrally located dispatch center.

    Type of Respondents: Transmission owners and generator owners.

    Estimate of Annual Burden:1 Our estimate below regarding the number of respondents is based on the NERC compliance registry as of September 29, 2017. According to the NERC compliance registry, NERC has registered 176 transmission operators, 331 transmission owners and 890 generator operators.

    1 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. For further explanation of what is included in the information collection burden, reference 5 Code of Federal Regulations 1320.3.

    The Commission estimates the additional annual reporting burden and cost as follows:

    FERC-725Y in Docket No. IC18-2-000 Number and type of
  • respondents 2
  • Annual
  • number of
  • responses per
  • respondent
  • Total number
  • of responses
  • Avg. burden & cost
  • per response 3
  • Total annual burden hours & total
  • annual cost
  • Cost per
  • respondent
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) Annual Evaluation and Update of Training Program and Task List TO (331), GOP (890) 1 4 1,064 6 hrs.; $408.72 hr 6,384 hrs.; $434,878 $68.12 Retention of Records TO (331), GOP (890) 1 4 1,064 10 hrs.; $408.90 hr 10,640 hrs.; $435,070 40.89 Verification and Retention of Evidence of capabilities of personnel [R3, M3, C1.2], and Creation and Retention of Records on Simulation Training TO (331) 1 331 10 hrs.; $408.90 hr 3,310 hrs.; $135,346 40.89 Total 20,334 hrs.; $1,005,294

    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.

    2 TO = Transmission Owner; GOP = Generator Operator.

    3 The estimates for cost per response are loaded hourly wage figure (includes benefits) is based on the average of three 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; Office and Administrative Support (Occupation Code: 43-0000): $40.89.

    4 Some transmission owners are also generator operators. To eliminate double counting some entities, this figure reflects the number of unique entities (1064) within the group of TOs and GOPs. That approach is used throughout the table.

    Dated: March 6, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05102 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1773-000] Yellowstone Hydroelectric Project; Notice of Existing Licensee's Notice of Intent To Not File a Subsequent License Application, and Soliciting Pre-Application Documents and Notices of Intent To File a License Application

    At least five years before the expiration of a license for a minor water power project not subject to sections 14 and 15 of the Federal Power Act (i.e., a project having an installed capacity of 1.5 megawatts or less), the licensee must file with the Commission a letter that contains an unequivocal statement of the licensee's intent to file or not to file an application for a subsequent license.1

    1 18 CFR 16.19(b) (2017) (citing 18 CFR 16.6(b)). Section 16.19(b) applies to licenses not subject to Parts 14 and 15 of the Federal Power Act.

    If such a licensee informs the Commission that it does not intend to file an application for a subsequent license, nonpower license, or exemption for the project, the licensee may not file an application for a subsequent license, nonpower license, or exemption for the project, either individually or in conjunction with an entity or entities that are not currently licensees of the project.2

    2 18 CFR 16.24(b)(1) (2017).

    On September 26, 2017, Moon Lake Electric Association, the existing licensee for the Yellowstone Hydroelectric Project No. 1773, filed notice of its intent to not file an application for a subsequent license. Therefore, pursuant to section 16.24(b)(1) of the Commission's regulations, Moon Lake may not file an application for a subsequent license for the project, either individually or in conjunction with an entity or entities that are not currently licensees of the project.

    The 900-kilowatt (kW) Yellowstone Hydroelectric Project is located on the Yellowstone River, in Duchesne County, Utah. The diversion dam, and portions of the penstock, are located within the Ashley National Forest. The existing minor license for the project expires on October 15, 2022.

    The principal project works consist of: (1) A 15-foot-high, 313-foot-long rock filled, timber-crib dam that impounds a small reservoir covering approximately 3.8 acres; (2) a concrete intake structure with a gate valve; (3) a 14,126-foot-long, 44-inch-diameter and 42-inch-diameter steel penstock; (4) a powerhouse with three turbine-generators rated at 300 kW each; (5) a substation; (6) a 14.27-mile-long, 7.2-kilovolt overhead transmission line and underlain telephone line; and (7) and appurtenant facilities.

    Any party interested in filing a license application (i.e., potential applicant) for the Yellowstone Hydroelectric Project No. 1773 must file a Notice of Intent (NOI) 3 and pre-application document (PAD).4 Additionally, while the integrated licensing process (ILP) is the default process for preparing an application for a subsequent license, a potential applicant may request to use alternative licensing procedures when it files its NOI.5

    3 18 CFR 5.5 (2017).

    4 18 CFR 5.6 (2017).

    5 18 CFR 5.3(b) (2017).

    The deadline for potential applicants, other than the existing licensee, to file NOIs, PADs, and requests to use an alternative licensing process is 120 days from the issuance date of this notice.

    Applications for a subsequent license from potential applicants, other than the existing licensee, must be filed with the Commission at least 24 months prior to the expiration of the existing license.6 Because the existing license expires on October 15, 2022, applications for license for this project must be filed by October 15, 2020.7

    6 18 CFR 16.20 (2017).

    7 To the extent an interested applicant files an NOI and PAD and elects or is required to use the Commission's ILP, a process plan will be issued within 180 days of this notice, which accelerates the steps of the ILP to allow for filing a subsequent license application by the October 15, 2020, deadline.

    Questions concerning this notice should be directed to Evan Williams (202) 502-8462 or [email protected].

    Dated: March 8, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05100 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-178-000] Alaska Gasline Development Corporation; Notice of Technical Conference

    Take notice that a technical conference will be held on Thursday, March 22, 2018 at 9:00 a.m., in Room 3M-4 A and B at the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    The technical conference will provide an opportunity for Commission staff and representatives from Alaska Gasline Development Corporation to discuss clarifications on the Commission staff's February 15, 2018 environmental data request for the Alaska LNG Project. While all interested persons and Commission staff are permitted to attend, no comments or statements during the conference will be permitted. Further, there will be no discussion of Critical Energy Infrastructure Information or privileged materials. For further information please contact Jennifer Zielinski at (202) 502-6259 or email [email protected].

    Federal Energy Regulatory Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an email to [email protected] or call toll free (866) 208-3372 (voice) or (202) 502-8659 (TTY), or send a fax to (202) 208-2106 with the required accommodations.

    Dated: March 8, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-05095 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-124-000] T.E.S. Filer City Station Limited Partnership; Consumers Energy Company; Notice of Petition for Declaratory Order

    Take notice that on March 5, 2018, pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207(a)(2), T.E.S. Filer City Station Limited Partnership (Filer City) and Consumers Energy Company (Consumers) (jointly Petitioners) submitted a Petition for Declaratory Order requesting confirmation that, pursuant to 18 CFR 292.601(c), sales of energy and capacity from the T.E.S. Filer City Station Plant (Facility), pursuant to a 1988 power purchase agreement between Filer City and Consumers (PPA), will continue to be exempt from Federal Power Act sections 205 and 206, 16 U.S.C. 824d, 824e, after the PPA is amended in connection with a plan to repower and modernize the Facility, as more fully explained in the petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on April 4, 2018.

    Dated: March 6, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05101 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-90-000] Transcontinental Gas Pipe Line Company, LLC; Notice of Application

    Take notice that on February 22, 2018, Transcontinental Gas Pipe Line Company, LLC (Transco), P.O. Box 1396, Houston, Texas 77251, filed an application in Docket No. CP18-90-000 an application pursuant to section 7(b) of the Natural Gas Act (NGA) requesting authorization to amend its certificate authority granted in Docket No. CP15-536-000 to abandon by sale to Tana Exploration Company LLC (Tana) approximately 26.55 miles of 20-inch-diameter gathering pipeline extending from Matagorda Island Block 669 to Brazos Block 133 Platform A, offshore Texas. Transco now seeks to abandon these facilities in place, rather than by sale to Tana, 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 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, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions concerning this application may be directed to Marg Camardello, Regulatory Analyst, Lead, Rates & Regulatory, Transcontinental Gas Pipe Line Company, LLC, P.O. Box 1396, Houston, Texas 77251, or by telephone at (713) 215-3380.

    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: March 28, 2018.

    Dated: March 7, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-05108 Filed 3-13-18; 8:45 am] BILLING CODE 6717-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION [OMB No. 3064-0084] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Federal Deposit Insurance Corporation (FDIC).

    ACTION:

    Notice and request for comment.

    SUMMARY:

    The FDIC, 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 the renewal of the existing information collection, as required by the Paperwork Reduction Act of 1995. On December 28, 2017, the FDIC requested comment for 60 days on a proposal to renew the information collection described below. No comments were received. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of this collection, and again invites comment on this renewal.

    DATES:

    Comments must be submitted on or before April 13, 2018.

    ADDRESSES:

    Interested parties are invited to submit written comments to the FDIC by any of the following methods:

    https://www.FDIC.gov/regulations/laws/federal.

    Email: [email protected] Include the name and number of the collection in the subject line of the message.

    Mail: Jennifer Jones (202-898-6768), Counsel, MB-3105, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429.

    Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m.

    All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Jones, at the FDIC address above.

    SUPPLEMENTARY INFORMATION:

    On December 28, 2017, the FDIC requested comment for 60 days on a proposal to renew the information collection described below. No comments were received. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of this collection, and again invites comment on this renewal.

    Proposal To Renew the Following Currently Approved Collections of Information

    1. Title: Account Based Disclosures in Connection with Consumer Financial Protection Bureau Regulations E and DD and Federal Reserve Regulation CC.

    OMB Number: 3064-0084.

    Form Number: None.

    Affected Public: FDIC-Supervised Institutions.

    Burden Estimate

    Summary of Annual Burden Type of burden Obligation
  • to respond
  • Estimated
  • number of
  • respondents
  • Estimated
  • time per
  • response
  • (hours)
  • Estimated
  • frequency
  • Frequency
  • of response
  • Total
  • annual
  • estimated
  • burden
  • Reg E—12 CFR Part 1005 Initial disclosures: General (1005.7(b)) Disclosure Mandatory 3,674 0.025 83 On Occasion 7,624 Payroll cards (1005.18(c)(1)) Disclosure Mandatory 6 0.025 5,000 On Occasion 750 Change-in-terms (1005.8(a)) Disclosure Mandatory 3,674 0.017 113 On Occasion 6,919 Transaction disclosures (sections 1005.9(a) and 1005.10) Disclosure 0 Periodic statements (section 1005.9(b)) Disclosure 0 Error resolution rules: General (1005.8(b) and 1005.11) Disclosure Mandatory 3,674 0.500 3 On Occasion 5,511 Payroll cards (1005.18) Disclosure Mandatory 6 0.500 8 On Occasion 24 Overdraft opt-in disclosures (1005.17, FRB R-1343): Revise and update initial disclosures (1005.17(c)(2)) for new customers Disclosure Mandatory 3,625 16.000 1 On Occasion 58,000 Prepare and send new opt-in notices to existing customers (1005.17(c)(1)) Disclosure Mandatory 3,625 16.000 1 On Occasion 58,000 Consumer response (section 1005.17) Recordkeeping Voluntary 3,625 0.083 7,207 On Occasion 2,177,115 Gift card/gift certificate (section 1005.20, FRB R-1377): Exclusion policies & procedures (1005.20(b)(2)) one-time Recordkeeping Mandatory 6 40.000 1 On Occasion 240 Exclusion policies & procedures (1005.20(b)(2) ongoing Recordkeeping Mandatory 6 8.000 1 On Occasion 48 Policy & procedures (1005.20(e)(1)) one-time Recordkeeping Mandatory 6 40.000 1 On Occasion 240 Policy & procedures (1005.20(e)(1)) ongoing Recordkeeping Mandatory 6 8.000 1 On Occasion 48 Systems change to implement disclosure update (1005.20(e)(3)) Disclosure Mandatory 6 40.000 1 On Occasion 240 Subtotal Reg E Burden 2,314,759 Regulation CC—12 CFR Part 229 Specific availability policy disclosure (initial notice, upon request, upon change in policy) (sections 229.16, 229.17 and 229.18(d)) Disclosure Mandatory 3,674 0.017 140 On Occasion 8,573 Case-by-case hold notice (section 229.16(c)) Disclosure Mandatory 3,674 0.050 717 On Occasion 131,713 Notice of exceptions to hold policy (section 229.13(g)) Disclosure Mandatory 3,674 0.050 247 On Occasion 45,374 Notice posted where consumers make deposits (including at ATMs) (sections 229.18(b) and 229.18(c)) Disclosure Mandatory 3,674 0.250 1 On Occasion 919 Notice of changes in policy (section 229.18(e)) Disclosure Mandatory 20 20.000 1 On Occasion 400 Annual notice of new ATMs (section 229.18(e)) (see Appendix E to Part 229, Commentary, section XII, E., comment no. 3) Disclosure Mandatory 3,674 5.000 1 On Occasion 18,370 Notice of nonpayment—notice to depositary bank (section 229.33(a) and (d)) Disclosure Mandatory 3,674 0.017 2,211 On Occasion 135,387 Response to consumer's recredit claim (validation, denial, reversal) (section 229.54(e)) Disclosure Mandatory 3,674 0.250 12 On Occasion 11,022 Bank's claim against an indemnifying bank (section 229.55) Reporting Mandatory 3,674 0.250 5 On Occasion 4,593 Consumer awareness disclosure (section 229.57) Disclosure Mandatory 3,674 0.017 170 On Occasion 10,410 Reg CC Consumer Burden—Expedited recredit claim notice (section 229.54(a) and (b)(2)) Reporting Mandatory 3,674 0.250 8 On Occasion 7,348 Subtotal Reg CC Burden 374,107 Regulation DD—12 CFR Part 1030 Account disclosures (upon request and new accounts) (section 1030.4) Disclosure Mandatory 3,674 0.025 170 On Occasion 15,615 Subsequent notices (section 1030.5): Change in terms Disclosure Mandatory 3,674 0.017 380 On Occasion 23,269 Prematurity (renewal) notices Disclosure Mandatory 3,674 0.017 340 On Occasion 20,819 Disclosures on periodic statements (section 1030.6) Disclosure Mandatory 3,674 4.000 12 On Occasion 176,352 Advertising (section 1030.8) Disclosure Mandatory 3,674 0.500 12 On Occasion 22,044 Subtotal Reg DD Burden 258,099 Total Burden 2,946,964

    General Description of Collection: Regulations E & DD (Consumer Financial Protection Bureau's Regulations) and Regulation CC (the Federal Reserve's Regulation) ensure adequate disclosures regarding accounts, including electronic fund transfer services, availability of funds, and fees and annual percentage yield for deposit accounts. Generally, the Regulation E disclosures are designed to ensure consumers receive adequate disclosure of basic terms, costs, and rights relating to electronic fund transfer (EFT) services provided to them so that they can make informed decisions. Institutions offering EFT services must disclose to consumers certain information, including: Initial and updated EFT terms, transaction information, the consumer's potential liability for unauthorized transfers, and error resolution rights and procedures.

    Like Regulation E, Regulation CC has consumer protection disclosure requirements. Specifically, Regulation CC requires depository institutions to make funds deposited in transaction accounts available within specified time periods, disclose their availability policies to customers, and begin accruing interest on such deposits promptly. The disclosures are intended to alert customers that their ability to use deposited funds may be delayed, prevent unintentional (and costly) overdrafts, and allow customers to compare the policies of different institutions before deciding at which institution to deposit funds. Depository institutions must also provide an awareness disclosure regarding substitute checks. The regulation also requires notice to the depositary bank and to a customer of nonpayment of a check.

    Regulation DD also has similar consumer protection disclosure requirements that are intended to assist consumers in comparing deposit accounts offered by institutions, principally through the disclosure of fees, the annual percentage yield, and other account terms. Regulation DD requires depository institutions to disclose yields, fees, and other terms concerning deposit accounts to consumers at account opening, upon request, and when changes in terms occur. Depository institutions that provide periodic statements are required to include information about fees imposed, interest earned, and the annual percentage yield (APY) earned during those statement periods. It also contains rules about advertising deposit accounts.

    There is no change in the method or substance of the collection. The overall reduction in burden hours is the result of economic fluctuation and the reduced number of FDIC-supervised institutions since the last submission in 2014. In particular, the number of respondents has decreased while the hours per response and frequency of responses have remained the same.

    Request for Comment

    Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the FDIC's functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collection, including the validity of the methodology and assumptions used; (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. All comments will become a matter of public record.

    Dated at Washington, DC, on March 9, 2018. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2018-05112 Filed 3-13-18; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL MARITIME COMMISSION Notice of Agreement Filed

    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. A copy of the agreement is 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.: 012456-001.

    Title: Turkon Lines—Nile Dutch Africa Space and Sailing Agreement.

    Parties: Nile Dutch Africa Line BV and Turkon Container Transportation & Shipping, Inc..

    Filing Party: Eric Lee, Esq.; Holland & Knight LLP; 800 17th Street NW, Suite 1100, Washington, DC 20006.

    Synopsis: The amendment specifies a range of vessel sizes to be used under the Agreement.

    By Order of the Federal Maritime Commission.

    Dated: March 9, 2018. Rachel E. Dickon, Secretary.
    [FR Doc. 2018-05198 Filed 3-13-18; 8:45 am] BILLING CODE 6731-AA-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0062; Docket 2018-0003; Sequence 5] Information Collection; Material and Workmanship AGENCY:

    Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of request for public comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning material and workmanship.

    DATES:

    Submit comments on or before May 14, 2018.

    ADDRESSES:

    Submit comments identified by Information Collection 9000-0062, Material and Workmanship, by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB Control number 9000-0062. Select the link “Comment Now” that corresponds with “Information Collection 9000-0062, Material and Workmanship”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 9000-0062, Material and Workmanship” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Ms. Mandell/IC 9000-0062, Material and Workmanship.

    Instructions: Please submit comments only and cite Information Collection 9000-0062, Material and Workmanship, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Mr. Curtis E. Glover, Sr., Procurement Analyst, Federal Acquisition Policy Division, GSA, telephone 202-501-1448, or via email at [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    Under Federal contracts requiring that equipment (e.g., pumps, fans, generators, chillers, etc.) be installed in a project, the Government must determine that the equipment meets the contract requirements. Therefore, the contractor must submit sufficient data on the particular equipment to allow the Government to analyze the item.

    The Government uses the submitted data to determine whether or not the equipment meets the contract requirements in the categories of performance, construction, and durability. This data is placed in the contract file and used during the inspection of the equipment when it arrives on the project and when it is made operable.

    B. Annual Reporting Burden

    The information collection requirement at FAR clause 52.236-5 has decreased based on information from the FY 2017 FPDS database which shows a lower number of estimated respondents that are subject to the clause.

    Respondents: 1,377.

    Responses per Respondent: 2.0.

    Annual Responses: 2,754.

    Hours per Response: .25.

    Total Burden Hours: 689.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-0062, Material and Workmanship, in all correspondence.

    Dated: March 7, 2018. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.
    [FR Doc. 2018-05065 Filed 3-13-18; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0163; Docket 2018-0003; Sequence 3] Information Collection; Small Business Size Re-Representation AGENCIES:

    Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of request for public comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request for approval of a previously approved information collection requirement regarding small business size re-representation.

    DATES:

    Submit comments on or before: May 14, 2018.

    ADDRESSES:

    Submit comments identified by Information Collection 9000-0163, Small Business Size Re-representation, by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB Control number 9000-0163. Select the link “Comment Now” that corresponds with “Information Collection 9000-0163, Small Business Size Re-representation”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 9000-0163, Small Business Size Re-representation” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Ms. Mandell/IC 9000-0163, Small Business Size Re-representation.

    Instructions: Please submit comments only and cite “Information Collection 9000-0163, Small Business Size Re-representation,” in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two-to-three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Janet Fry, Procurement Analyst, Office of Government-wide Policy, contact via telephone 703-605-3167 or email [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    Federal Acquisition Regulation (FAR) 19.301 and the FAR clause at 52.219-28, Post-Award Small Business Program Re-representation, implement the Small Business Administration's (SBA's) regulation at 13 CFR 121.404(g), requiring that a concern that initially represented itself as small at the time of its initial offer must recertify its status as a small business under the following circumstances:

    • Within thirty days of an approved contract novation;

    • Within thirty days in the case of a merger or acquisition, where contract novation is not required; or

    • Within 120 days prior to the end of the fifth year of a contract, and no more than 120 days prior to the exercise of any option thereafter.

    The implementation of SBA's regulation in FAR 19.301 and the FAR clause at 52.219-28 require that contractors re-represent size status by updating their representations at the prime contract level in the Representations and Certifications section of the System for Award Management (SAM) and notifying the contracting officer that it has made the required update.

    The purpose of implementing small business re-representations in the FAR is to ensure that small business size status is accurately represented and reported over the life of long-term contracts. The FAR also provides for provisions designed to ensure more accurate reporting of size status for contracts that are novated, or performed by small businesses that have merged with or been acquired by another business. This information is used by the SBA, Congress, Federal agencies and the general public for various reasons such as determining if agencies are meeting statutory goals, set-aside determinations, and market research.

    B. Annual Reporting Burden

    An upward adjustment is being made to the estimated annual reporting burden since the last notice regarding an extension for this clearance published on May 4, 2015 in the Federal Register at 80 FR 25293. Based on fiscal year 2017 re-representation modification data from the Federal Procurement Data System (FPDS), the number of annual respondents has increased from 1,700 to 2,200.

    Respondents: 2,200.

    Responses per Respondent: 1.

    Total Number of Responses: 2,200.

    Hours per Response: 0.5.

    Total Burden Hours: 1,100.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405, telephone 202-501-4755.

    Please cite OMB Control No. 9000-0163, Small Business Size Re-representation, in all correspondence.

    Dated: March 7, 2018. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.
    [FR Doc. 2018-05066 Filed 3-13-18; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Agency for Healthcare Research and Quality, HHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project “Ambulatory Surgery Center Survey on Patient Safety Culture Database.”

    DATES:

    Comments on this notice must be received by May 14, 2018.

    ADDRESSES:

    Written comments should be submitted to: Doris Lefkowitz, Reports Clearance Officer, AHRQ, by email at [email protected]

    Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from the AHRQ Reports Clearance Officer.

    FOR FURTHER INFORMATION CONTACT:

    Doris Lefkowitz, AHRQ Reports Clearance Officer, (301) 427-1477, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Proposed Project Ambulatory Surgery Center Survey on Patient Safety Culture Database

    In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, the Agency for Healthcare Research and Quality (AHRQ) invites the public to comment on this proposed information collection. Ambulatory surgery centers (ASCs) are a fast-growing health care setting, demonstrating tremendous growth both in the volume and complexity of procedures being performed. ASCs provide surgical services to patients who are not expected to need an inpatient stay following surgery. The Centers for Medicare and Medicaid Services (CMS) defines ASCs as distinct entities that operate exclusively to provide surgical services to patients who do not require hospitalization and are not expected to need to stay in a surgical facility longer than 24 hours.

    How AHRQ's Mission and Directives Relate to ASCs. As described in its 1999 reauthorizing legislation, Congress directed AHRQ to enhance the quality, appropriateness, and effectiveness of health services, as well as access to such services, by establishing a broad base of scientific research and promoting clinical and health systems practice improvements. The legislation also directed AHRQ to “conduct and support research, evaluations, and training, support demonstration projects, research networks, and multidisciplinary centers, provide technical assistance, and disseminate information on health care and on systems for the delivery of such care, including activities with respect to health statistics, surveys, database development, and epidemiology.” 42 U.S.C. 299a(a)(8).

    Shortly after Congress enacted this legislation, the Institute of Medicine (IOM) published “To Err is Human,” a seminal report on medical errors that connected the dots between errors and workplace culture. In it, the IOM called for health care organizations to develop a “culture of safety” such that staffing and system processes are aligned to improve the reliability and safety of patient care. This appeal for safety culture improvements directly relates to AHRQ's legislative directive and mission (i.e., “to produce evidence to make health care safer, higher quality, more accessible, equitable, and affordable, and to work within the U.S. Department of Health and Human Services and with other partners to make sure that the evidence is understood and used”). Given its legislatively mandated role, AHRQ is uniquely positioned to support data collection and analyses that will help fuel ASC patient safety culture improvements.

    The expanding volume and scope of ASC services, the growing attention of federal regulators on patient safety within ASCs, and the resultant implications for public health has prompted AHRQ to present this application to the Office of Management and Budget (OMB). In this request, AHRQ seeks OMB approval to expand its Surveys on Patient Safety CultureTM (SOPSTM) program by creating an ASC SOPS Database to capture and report on ASC SOPS data voluntarily submitted by ASCs that have administered the ASC SOPS. This is the newest database for the SOPS program and would be modeled after four other SOPS databases developed by AHRQ: Hospital SOPS [OMB NO. 0935-0162; last approved 10/18/2016]; Medical Office SOPS [OMB NO. 0935-0196; last approved 08/25/15]; Nursing Home SOPS [OMB NO. 0935-0195; last approved 09/30/15]; and Community Pharmacy SOPS [OMB NO. 0935-0218; last approved 06/26/17].

    Background on ASC SOPS. This section provides context for this request to the OMB regarding the need for AHRQ's requested database. Factors include the continued ASC growth trajectory and increasing public attention on the quality of ASC care—particularly as it relates to patient safety culture.

    Rapid ASC Growth. Medicare-certified ASCs have experienced impressive growth in the last 35 years—up from 239 facilities in 1983 to 5,316 in 2010. In recent years, Medicare ASCs have seen continued growth in both their number and scope, as illustrated by the annual average growth rate of 1.1 percent between 2010 to 2014. In 2015, CMS spent $4.1 billion for 3.4 million fee-for service Medicare beneficiaries to receive care across 5,500 Medicare-certified ASCs. Research suggests that transitioning eligible surgical procedures from inpatient to ASC settings may yield significant and sustained Medicare cost savings.

    Federal Attention on ASC Care Quality and Safety Culture. Concern about the quality of ASC care is not new. Following a 2008 Hepatitis C outbreak in Nevada blamed on poor ASC infection control practices, HHS's Office of the Secretary oversaw a $10 million program for state survey agencies to improve healthcare-associated infection reduction in ASCs. The Centers for Disease Control's National Healthcare Safety Network subsequently expanded its surgical site infection (SSI) surveillance efforts to enable ASC data submission to accommodate state SSI reporting mandates. Through the Affordable Care Act of 2010, Congress also pursued ASC performance improvement by directing the HHS Secretary to implement an ASC-focused Medicare value-based purchasing program.

    The relationship between patient safety culture and the quality of ASC care has attracted more recent attention from policymakers and regulators. On the national level, the Joint Commission in early 2017 within its ASC accreditation manual established a new chapter on patient safety systems improvement, which includes strategies for “motivating staff to uphold a fair and just safety culture.” CMS, meanwhile, published in November 2017 its Final Rule outlining the ASC Quality Reporting Program, which ties quality and patient safety performance to reimbursement.

    ASC SOPS Pilot. AHRQ developed and pilot tested the ASC SOPS with OMB approval (OMB No. 0935-0216; approved 10/31/2013). The survey is designed to enable any ASC, regardless of type of procedures it performs, to assess its staff's perceptions about patient safety and quality assurance issues, including what safety-related attitudes and behaviors are supported, rewarded, and expected. It includes 27 items that measure 8 composites of patient safety culture, as well as five individual items on near-miss documentation, overall rating on patient safety and communication in the procedure/surgery room. The pilot test was conducted in early 2014 in ASC facilities: (1) Where patients have surgeries, procedures, and treatments and are not expected to need an inpatient stay, and (2) that have been certified and approved to participate in the CMS ASC program. Twenty-five percent of the pilot sites were affiliated with a hospital and 75% were not hospital-affiliated. Participants included 1,800 staff members from 59 ASCs—or approximately one percent of the total number of ASCs at that time.

    AHRQ made the survey publicly available along with a Survey User's Guide, the pilot study results, and related toolkit materials on the AHRQ Ambulatory Surgery Center Survey on Patient Safety Culture Web page in April 2015. The AHRQ ASC SOPS Database will consist of data from the AHRQ ASC patient safety culture survey. ASCs in the U.S. will be asked to voluntarily submit data from the survey to AHRQ.

    Rationale for the information collection. AHRQ sponsored the development of the ASC SOPS as a new survey in the suite of AHRQ Surveys on Patient Safety Culture. The database will support AHRQ's goals of promoting improvements in the quality and safety of health care in ASC settings. Like the survey and other toolkit materials, the database results will be made publicly available on AHRQ's website. Technical assistance is provided by AHRQ through its contractor at no charge to ASCs to facilitate the use of these materials for ASC patient safety and quality improvement. Technical assistance will also be provided to support ASC data submission.

    The goal of this project is to create the ASC SOPS Database. This database will:

    (1) Present results from ASCs that voluntarily submit their data;

    (2) Present trend data for ASCs that have submitted their data more than once;

    (3) Provide data to ASCs to facilitate internal assessment and learning in the patient safety improvement process; and

    (4) Provide supplemental information to help ASCs identify their strengths and areas with potential for improvement in patient safety culture.

    This study is being conducted by AHRQ through its contractor, Westat, pursuant to AHRQ's statutory authority to conduct and support research on health care and on systems for the delivery of such care, including activities with respect to the quality, effectiveness, efficiency, appropriateness and value of health care services and with respect to health statistics, surveys, and database development. 42 U.S.C. 299a(a)(1) and (8).

    Method of Collection

    To achieve the goal of this project the following activities and data collections will be implemented:

    (1) Eligibility and Registration Form—The pointofcontact (POC), often the manager of the ASC, completes a number of data submission steps and forms, beginning with completion of an online Eligibility and Registration Form. The purpose of this form is to collect basic demographic information about the ASC and initiate the registration process.

    (2) ASC Site Information—The purpose of the site level specifications, completed by the ASC manager, is to collect background characteristics of the ASC. This information will be used to analyze data collected with the ASC SOPS survey.

    (3) Data Use Agreement—The purpose of the data use agreement, completed by the ASC manager, is to state how data submitted by ASCs will be used and provides privacy assurances.

    (4) Data Files Submission—POCs upload their data file(s), using ASC survey data file specifications, to ensure that users submit standardized and consistent data in the way variables are named, coded, and formatted. The number of submissions to the database is likely to vary each year because ASCs do not administer the survey and submit data every year. Data submission is typically handled by one POC who is either an ASC administrative manager or a survey vendor who contracts with an ASC to collect and submit its data.

    With the approval and addition of the ASC SOPS Database, data from the database will be used to produce three types of products:

    (1) An ASC SOPS Database Report that will be made publicly available on the AHRQ website (see, for example, another project in the SOPS suite, the Hospital User Database Report);

    (2) Individual ASC Survey Feedback Reports that are customized for each ASC that submits data to the database; and

    (3) Research data sets of individual-level and ASC-level data to enable researchers to conduct analyses. All data released in a data set are de-identified at the individual level and the ASC level.

    ASCs will be invited to voluntarily submit their ASC SOPS survey data into the database. AHRQ's contractor, Westat, will then clean and aggregate the data to produce a PDF-formatted Database Report displaying averages, standard deviations, and percentile scores on the survey's 33 items and 8 patient safety culture dimensions. In addition, the report will also display results by respondent characteristics (e.g., staff position, tenure, and hours worked per week).

    The Database Report will include a section on data limitations, emphasizing that the report does not reflect a representative sampling of the U.S. ASC population. Because participating ASCs will choose to submit their data voluntarily into the database and therefore are not a random or national sample of ASCs, estimates based on this self-selected group might be biased estimates. These limitations will be noted in the database report. We will recommend that users review the database results with these caveats in mind.

    Each ASC that submits its data will receive a customized survey feedback report that presents their results alongside the aggregated results from other participating ASCs. If an ASC submits data more than once, its survey feedback report will also present trend data.

    ASC users of the ASCs SOPS Survey, Database Reports, and Individual ASC Survey Feedback Reports can use these documents to:

    • Raise staff awareness about patient safety;

    • Diagnose and assess the current status of patient safety culture in their own ASC;

    • Identify strengths and areas for patient safety culture improvement;

    • Examine trends in patient safety culture change over time; and

    • Evaluate the cultural impact of patient safety initiatives and intervention.

    Estimated Annual Respondent Burden

    Exhibit 1 shows the estimated annualized burden hours for the respondents' time to participate in the database. Given that this will be the first call for voluntary data submission, participation is initially expected to be modest. An estimated 100 ASC managers (i.e., POCs from ASCs) will complete the database submission steps and forms. Each POC will submit the following:

    • Eligibility and registration form (completion is estimated to take about 5 minutes).

    • Data use agreement (completion is estimated to take about 3 minutes).

    • ASC Site Information Form (completion is estimated to take about 5 minutes).

    • Survey data submission will take an average of one hour.

    The total burden is estimated to be 121 hours.

    Exhibit 2 shows the estimated annualized cost burden based on the respondents' time to submit their data. The cost burden is estimated to be $5,472.83.

    Exhibit 1—Estimated Annualized Burden Hours Form name Number of
  • respondents/POCs
  • Number of
  • responses
  • per POC
  • Hours per
  • response
  • Total burden
  • hours
  • Eligibility and Registration Form 100 1 5/60 8 Data Use Agreement 100 1 3/60 5 ASC Site Information Form 100 1 5/60 8 Data Files Submission 100 1 1 100 Total NA NA NA 121
    Exhibit 2—Estimated Annualized Cost Burden Form name Number of
  • respondents/POCs
  • Total
  • burden hours
  • Average
  • hourly wage
  • rate *
  • Total cost
  • burden
  • Eligibility and Registration Form 100 8 $45.23 $361.84 Data Use Agreement 100 5 45.23 226.15 ASC Site Information 100 8 45.23 361.84 Data Files Submission 100 100 45.23 4,523.00 Total NA 121 45.23 5,472.83 * Based on the mean hourly wage for 100 ASC Administrative Services Managers (11-3011; $45.23) obtained from the May 2016 National Industry-Specific Occupational Employment and Wage Estimates: NAICS 621400—Outpatient Care Centers (located at http://www.bls.gov/oes/current/naics4_621400.htm#11-0000).
    Request for Comments

    In accordance with the Paperwork Reduction Act, comments on AHRQ's information collection are requested with regard to any of the following: (a) Whether the proposed collection of information is necessary for the proper performance of AHRQ's health care research and health care information dissemination functions, including whether the information will have practical utility; (b) the accuracy of AHRQ's estimate of burden (including hours and costs) of the proposed collection(s) 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 upon the respondents, including the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and included in the Agency's subsequent request for OMB approval of the proposed information collection. All comments will become a matter of public record.

    Karen J. Migdail, Chief of Staff.
    [FR Doc. 2018-05067 Filed 3-13-18; 8:45 am] BILLING CODE 4160-90-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-18-17AVB] 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 “Leveraging the Emerging Field of Disaster Citizen Science to Enhance Community Resilience and Improve Disaster Response” 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 19, 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

    Leveraging the Emerging Field of Disaster Citizen Science to Enhance Community Resilience and Improve Disaster Response—New—Office of Public Health Preparedness and Response (OPHPR), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    The information collection for which approval is sought is in accordance with OPHPR's mission to safeguard health and save lives by providing a platform for public health preparedness and emergency response. As part of its role, OPHPR is empowered to fund applied research to improve the ability of CDC and its partners, including but not limited to state and local health departments, emergency management organizations, and health care entities, to effectively prepare for and respond to public health emergencies and disasters.

    Citizen science is defined as research activities (e.g., data collection, analysis, and reporting) performed by members of the general public without any particular training in science. Citizen science is growing in popularity, fueled in part by growing use of smartphones and other personal devices in the population. Although citizen collection and use of data during disasters has increased exponentially in recent years and there is great policy interest in the phenomenon, there has been no robust research to date on the use of, barriers to, and impact of citizen science in disasters. Local health departments (LHDs) lack tools to respond to and coordinate with citizen science activities within communities. Furthermore, citizen science organizations lack information on how to organize their activities for ultimate impact.

    This is an exploratory study and is the first of its kind to explore the growing phenomenon of disaster citizen science. Disaster citizen science is a rapidly growing field that is the focus of policy interest, but currently devoid of research. While interviews will be hypothesis generating and provide rich data on the experiences with citizen science to date across all stakeholders active in this enterprise, the nationally-representative survey data will allow us to generalize findings to the full population of LHDs in the U.S.

    CDC requests approval of a new information collection to learn about how the emerging field of disaster citizen science can enhance community resilience for a period of 1 year. This (mixed methods) information collection using interviews and a cross-sectional survey aims to: (1) Explore the potential of disaster citizen science for increasing community resilience, enhancing participation in preparedness and response activities, and improving preparedness efforts; and (2) provide evidence to inform the development of educational and instructional tools for communities and health departments to navigate the emerging field of disaster citizen science and promote collaborations. Insights from this information collection will be used to inform the development of guidance and toolkits for LHDs and community groups so that they can align their efforts and strengthen the benefits and positive impacts of citizen science activities. For interviews, the information collection will target citizen scientists and end users of citizen science data.

    This information collection will be implemented in collaboration with a contractor and will target citizen scientists and their partners (e.g., academics who work with citizen scientists on research projects) and LHDs in a position to use citizen science data to inform public health decision-making. For interviews, researchers will sample for maximum variation, seeking to obtain variation on U.S. region, type and sophistication of citizen science project, type of disaster encountered, and previous experience with disaster citizen science.

    The project aims to conduct 35-55 facilitated, semi-structured, individual and group interviews, each lasting approximately 60 minutes, to cover topics including benefits and uses of citizen science, barriers to and facilitators of citizen science, and strengths and limitations of citizen science activities and resources.

    Researchers will identify potential interview participants through literature reviews and snowball sampling in a phased approach starting with citizen science and LHD organizations.

    The project will sample for maximum variation in order to capture the full range of citizen scientist and health department experiences on this topic. For the survey, the project aims to obtain a nationally representative sample of 600 local health officials and will apply survey weights to ensure that findings have external validity and can be generalized to LHDs in the U.S. The survey, which will take 30 minutes to complete, will include questions on both citizen science as applied to disaster preparedness and response, and citizen science as occurring in other contexts (such as environmental health) to draw lessons for preparedness and response.

    CDC anticipates that the knowledge resulting from this research project will contribute significantly to the evidence base for preparedness and response and lead to improved efficiency, effectiveness, and outcomes in several domains.

    Participation in this study is completely voluntary. There are no costs to respondents other than their time. A summary of annualized burden hours is below. The total estimated burden hours is 219 hours.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Citizen scientists and their partners; local health officials Interview Guide (semi-structured questionnaire) 55 1 75/60 Local health departments Survey 300 1 30/60
    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. 2018-05117 Filed 3-13-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier CMS-1696] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by April 13, 2018.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR, Email: [email protected].

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    William Parham at (410) 786-4669.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Appointment of Representative; Use: The Appointment of Representative form is completed by beneficiaries, providers and suppliers, and any party seeking to appoint a representative to assist them with their initial determinations and filing appeals. Form Number: CMS-1696 (OMB control number: 0938-0950); Frequency: Once; Affected Public: Individuals and Households, and the Private sector (Business or other for-profits); Number of Respondents: 3,472,840; Total Annual Responses: 347,284; Total Annual Hours: 86,821. (For policy questions regarding this collection contact Katherine Hosna at 410-786-4993.)

    Dated: March 9, 2018. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2018-05148 Filed 3-13-18; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0793] Sun Pharmaceutical Industries, Ltd., and Sun Pharma Global FZE; Withdrawal of Approval of Four Abbreviated New Drug Applications AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is withdrawing approval of four abbreviated new drug applications (ANDAs) from two applicants. The holders of the applications notified the Agency in writing that the drug products were no longer marketed and requested that the approval of the applications be withdrawn.

    DATES:

    Approval is withdrawn as of April 13, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Trang Tran, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002, 240-402-7945, [email protected].

    SUPPLEMENTARY INFORMATION:

    The holders of the applications listed in the table have informed FDA that these drug products are no longer marketed and have requested that FDA withdraw approval of the applications under the process in § 314.150(c) (21 CFR 314.150(c)). The applicants have also, by their requests, waived their opportunity for a hearing. Withdrawal of approval of an application or abbreviated application under § 314.150(c) is without prejudice to refiling.

    Application No. Drug Applicant ANDA 075556 Enalapril Maleate Tablets USP, 2.5 milligrams (mg), 5 mg, 10 mg, and 20 mg Sun Pharmaceutical Industries, Ltd., c/o Sun Pharmaceutical Industries, Inc., 2 Independence Way, Princeton, NJ 08540. ANDA 076045 Lorazepam Tablets USP, 0.5 mg, 1 mg, and 2 mg Do. ANDA 078055 Zolpidem Tartrate Tablets USP, 5 mg and 10 mg Do. ANDA 090018 Zoledronic Acid for Injection, Equivalent to 4 mg base/vial Sun Pharma Global FZE, c/o Sun Pharmaceutical Industries, Inc., 2 Independence Way, Princeton, NJ 08540.

    Therefore, approval of the applications listed in the table, and all amendments and supplements thereto, is hereby withdrawn as of April 13, 2018. Introduction or delivery for introduction into interstate commerce of products without approved new drug applications violates section 301(a) and (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(a) and (d)). Drug products that are listed in the table that are in inventory on April 13, 2018 may continue to be dispensed until the inventories have been depleted or the drug products have reached their expiration dates or otherwise become violative, whichever occurs first.

    Dated: March 8, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-05120 Filed 3-13-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0987] Patient-Focused Drug Development on Opioid Use Disorder; Public Meeting; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public meeting; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA, the Agency, or we) is announcing the following public meeting entitled “Patient-Focused Drug Development on Opioid Use Disorder.” The purpose of the public meeting is to obtain patients' perspectives on the impacts of and treatment approaches for opioid use disorder (OUD). This meeting is a part of FDA's ongoing work aimed at reducing the impact of opioid abuse and addiction.

    DATES:

    The public meeting will be held on April 17, 2018, from 10 a.m. to 4 p.m. Submit either electronic or written comments on this public meeting by June 18, 2018. See the SUPPLEMENTARY INFORMATION section for registration date and information.

    ADDRESSES:

    The public meeting will be held at FDA's White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993. Entrance for the public meeting participants (non-FDA employees) is through Building 1 where routine security check procedures will be performed. For parking and security information, please refer to https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before June 18, 2018. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of June 18, 2018. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2018-N-0987 for “Patient-Focused Drug Development on Opioid Use Disorder; Public Meeting; Request for Comments.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Meghana Chalasani, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 1146, Silver Spring, MD 20993-0002, 240-402-6525, Fax: 301-847-8443, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    This meeting will provide FDA the opportunity to better understand the patient perspective on the impacts of OUD and on treatment approaches for OUD. OUD is the diagnostic term used for a chronic neurobiological disease characterized by a problematic pattern of opioid use leading to significant impairment or distress. OUD includes signs and symptoms that reflect compulsive, prolonged self-administration of opioid substances for no legitimate medical purpose, or, if another medical condition is present that required opioid treatment, the opioid is used in doses far greater than the amount needed for treatment of that medical condition. FDA is interested in learning patients' perspectives on OUD, including the effects on their health and well-being that have the greatest negative effect on daily life, their experience using prescription medical treatments and other treatments or therapies for OUD, and challenges or barriers to accessing or using medical treatments for OUD.

    There are three drugs approved by FDA for the treatment of OUD: Buprenorphine, methadone, and naltrexone. FDA is taking steps to facilitate the development of new medications for the treatment of OUD and new formulations of existing drugs that could better suit patient needs. Promoting wider appropriate use of these safe and effective medications is also the focus of FDA's ongoing work to reduce the scope and magnitude of the opioid crisis.

    At the meeting, patients and patient representatives will provide patient perspectives on the symptoms and daily impacts of OUD and on treatment approaches for OUD. The questions that will be asked of patients and patient representatives at the meeting are listed in the following section and organized by topic. For each topic, a brief initial patient panel discussion will begin the dialogue. This will be followed by a facilitated discussion inviting comments from other patient and patient representative participants. In addition to input generated through this public meeting, FDA is interested in receiving patient and patient representative input addressing these questions through written comments, which can be submitted to the public docket (see ADDRESSES). When submitting comments, if you are commenting on behalf of a patient, please indicate that you are doing so and answer the following questions as much as possible from the patient's perspective.

    FDA will post the agenda and other meeting materials approximately 5 days before the meeting at: https://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm591290.htm.

    II. Topics for Discussion at the Public Meeting Topic 1: Symptoms and Daily Impacts of OUD That Matter Most to Patients

    1. Of all the ways that OUD negatively affects your health and well-being, which effects have the most significant impact on your daily life? Examples of negative effects may include:

    • Effects of using opioids, such as confusion, constipation, or other symptoms;

    • Effects of opioid withdrawal, such as nausea, diarrhea, or other symptoms;

    • Effects of opioid “cravings;”

    • Impacts on ability to function in personal or professional life;

    • Emotional or social effects; and

    • Other potential effects.

    2. How does OUD affect daily life on your best days? On your worst days?

    3. How has your OUD changed over time?

    4. What worries you most about your condition?

    Topic 2: Patients' Perspectives on Current Approaches to Treatment of OUD

    1. Are you currently using, or have you used in the past, any prescription medical treatments to treat your OUD? Such treatments may include buprenorphine, methadone, naltrexone, and others that your health care provider has prescribed. If so, please describe your experiences with these treatments.

    • How well have these treatments worked for you? How well have they helped address the effects of OUD that are most bothersome to you?

    • What are the biggest problems you have faced in using these treatments? Examples may include bothersome side effects, challenges getting the medicines, concern about stigma, and other possible problems.

    2. Besides prescription medical treatments, are there other treatments or therapies that you currently use to address your OUD? If so, please describe. How well do these treatments or therapies help address the effects of OUD that are most bothersome to you?

    3. Of all treatments, therapies, or other steps that you have taken to address your OUD, what have you found to be most effective in helping you manage your OUD?

    4. What are the biggest factors that you take into account when making decisions about seeking out or using treatments for OUD?

    5. What specific things would you look for in an ideal treatment for OUD?

    6. If you had the opportunity to consider participating in a clinical trial studying experimental treatments for OUD, what factors would you consider when deciding whether or not to participate?

    III. Participating in the Public Meeting

    Registration: To register for the public meeting, visit https://www.eventbrite.com/e/public-meeting-for-patient-focused-drug-development-on-opioid-use-disorder-oud-registration-42531194949. Please register by April 11, 2018. Please provide complete contact information for each attendee, including name, title, affiliation, address, email, and telephone. Persons without access to the internet can call 240-402-6525 to register. If you are unable to attend the meeting in person, you can register to view a live webcast of the meeting. You will be asked to indicate in your registration if you plan to attend in person or via the webcast.

    Registration is free and based on space availability, with priority given to early registrants. Persons interested in attending this public meeting must register by April 11, 2018. Early registration is recommended because seating is limited; therefore, FDA may limit the number of participants from each organization. Registrants will receive confirmation when they have been accepted. If time and space permit, onsite registration on the day of the public meeting will be provided beginning at 9 a.m.

    If you need special accommodations because of a disability, please contact Meghana Chalasani (see FOR FURTHER INFORMATION CONTACT) no later than April 11, 2018.

    Panelist Selection: Patients or patient representatives who are interested in presenting comments as part of the initial panel discussions will be asked to indicate in their registration which topic(s) they wish to address. These patients or patient representatives also will be asked to send [email protected] a brief summary of responses to the topic questions by April 2, 2018. Panelists will be notified of their selection approximately 7 days before the public meeting. We will try to accommodate all patients and patient stakeholders who wish to speak, either through the panel discussion or audience participation; however, the duration of comments may be limited by time constraints.

    Open Public Comment: There will be time allotted during the meeting for open public comment. Sign-up for this session will be on a first-come, first-serve basis on the day of the workshop. Individuals and organizations with common interests are urged to consolidate or coordinate and request time for a joint presentation. No commercial or promotional material will be permitted to be presented or distributed at the public workshop.

    Streaming Webcast of the Public Meeting: This public meeting will also be webcast. Please register for the webcast by visiting https://www.eventbrite.com/e/public-meeting-for-patient-focused-drug-development-on-opioid-use-disorder-oud-registration-42531194949.

    If you have never attended a Connect Pro event before, test your connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program, visit https://www.adobe.com/go/connectpro_overview. FDA has verified the website addresses in this document, as of the date this document publishes in the Federal Register, but websites are subject to change over time.

    Transcripts: Please be advised that as soon as a transcript of the public meeting is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff (see ADDRESSES). A link to the transcript will also be available on the internet at https://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm591290.htm.

    Dated: March 8, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-05119 Filed 3-13-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-D-0740] M7(R1): Assessment and Control of Deoxyribonucleic Acid Reactive (Mutagenic) Impurities in Pharmaceuticals To Limit Potential Carcinogenic Risk; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance entitled “M7(R1): Assessment and Control of Deoxyribonucleic Acid (DNA) Reactive (Mutagenic) Impurities in Pharmaceuticals to Limit Potential Carcinogenic Risk.” This guidance updates and replaces the May 2015 guidance for industry “M7 Assessment and Control of DNA Reactive (Mutagenic) Impurities in Pharmaceuticals to Limit Potential Carcinogenic Risk.” This guidance finalizes the draft guidance “M7(R1) Addendum to ICH M7: Assessment and Control of DNA Reactive (Mutagenic) Impurities in Pharmaceuticals to Limit Potential Carcinogenic Risk,” issued September 28, 2015 (80 FR 58261).

    The guidance was prepared under the auspices of the International Council for Harmonisation (ICH), formerly the International Conference on Harmonisation. This M7(R1) document provides guidance on acceptable intakes (AIs), or permissible daily exposures (PDEs), derived for some chemicals that are considered to be mutagens and carcinogens and, are also commonly used in the synthesis of pharmaceuticals or are, useful examples to illustrate the principles for deriving compound-specific intakes described in ICH M7. This document is intended to provide guidance for new drug substances and new drug products during their clinical development and subsequent applications for marketing.

    DATES:

    The announcement of the guidance is published in the Federal Register on March 14, 2018.

    ADDRESSES:

    You may submit either electronic or written comments on Agency guidances at any time as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2018-D-0740 for “M7(R1) Assessment and Control of DNA Reactive (Mutagenic) Impurities in Pharmaceuticals To Limit Potential Carcinogenic Risk.” 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 office between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002, or the Office of Communication, Outreach and Development, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. The guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Regarding the guidance: Aisar Atrakchi, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 4118, Silver Spring, MD 20993-0002, 301-796-1036; or Anne Pilaro, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 4025, Silver Spring, MD 20993-0002, 240-402-8341.

    Regarding the ICH: Amanda Roache, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 1176, Silver Spring, MD 20993-0002, 301-796-4548.

    SUPPLEMENTARY INFORMATION: I. Background

    In recent years, regulatory authorities and industry associations from around the world have participated in many important initiatives to promote international harmonization of regulatory requirements under the ICH. FDA has participated in several ICH meetings designed to enhance harmonization and FDA is committed to seeking scientifically based harmonized technical procedures for pharmaceutical development. One of the goals of harmonization is to identify and then reduce differences in technical requirements for drug development among regulatory agencies.

    ICH was established to provide an opportunity for harmonization initiatives to be developed with input from both regulatory and industry representatives. FDA also seeks input from consumer representatives and others. ICH is concerned with harmonization of technical requirements for the registration of pharmaceutical products for human use among regulators around the world. The six founding members of the ICH are the European Commission; the European Federation of Pharmaceutical Industries Associations; the FDA; the Japanese Ministry of Health, Labour, and Welfare; the Japanese Pharmaceutical Manufacturers Association; and the Pharmaceutical Research and Manufacturers of America. The Standing Members of the ICH Association include Health Canada and Swissmedic. Any party eligible as a Member in accordance with the ICH Articles of Association can apply for membership in writing to the ICH Secretariat. The ICH Secretariat, which coordinates the preparation of documentation, operates as an international nonprofit organization and is funded by the Members of the ICH Association.

    The ICH Assembly is the overarching body of the Association and includes representatives from each of the ICH members and observers. The Assembly is responsible for the endorsement of draft guidelines and adoption of final guidelines. FDA publishes ICH guidelines as FDA guidance.

    In the Federal Register of September 28, 2015 (80 FR 58261), FDA published a notice announcing the availability of a draft guidance entitled “M7(R1) Addendum to ICH M7; Assessment and Control of DNA Reactive (Mutagenic) Impurities in Pharmaceuticals to Limit Potential Carcinogenic Risk,” available at https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf. The notice gave interested persons an opportunity to submit comments by November 27, 2015.

    After consideration of the comments received and revisions to the guideline, a final draft of the guideline was submitted to the ICH Assembly and endorsed by the regulatory Agencies in June 2017.

    This final guidance provides guidance on acceptable intake limits derived for some chemicals that are considered to be mutagenic carcinogens and are also commonly used in the synthesis of pharmaceuticals or are useful examples to illustrate the principles for deriving compound-specific intakes described in the ICH M7 guidance. This guidance is intended to provide guidance for new drug substances and new drug products during their clinical development and subsequent applications for marketing. The default method from ICH M7 of linear extrapolation from the cancer potency estimate, TD50 is used as the primary method to derive the acceptable intakes for carcinogens with likely mutagenic mode of action. After consideration of the comments received, hydroxylamine monograph was deleted from the final guidance. Relevant editorial changes were also made to improve clarity and to incorporate the ICH M7(R1) Addendum guidance.

    This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on “M7: Assessment and Control of DNA Reactive (Mutagenic) Impurities in Pharmaceuticals to Limit Potential Carcinogenic Risk.” It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. This guidance is not subject to Executive Order 12866.

    II. Electronic Access

    Persons with access to the internet may obtain the guidance at https://www.regulations.gov, https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.

    Dated: March 8, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-05118 Filed 3-13-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Proposed Changes to the Graduate Psychology Education Program AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services.

    ACTION:

    Request for Public Comment on the Graduate Psychology Education Program.

    SUMMARY:

    The Graduate Psychology Education (GPE) Program is authorized by section 756 of the Public Health Service Act and administered by HRSA. The program provides financial support to organizations and institutions that train doctoral-level psychologists. This notice seeks public comment to inform and guide policy and planning associated with the GPE Program.

    DATES:

    Individuals and organizations interested in providing information must submit written comments no later than April 13, 2018. To receive consideration, comments must be received no later than 11:59 p.m. Eastern Time on that date.

    ADDRESSES:

    Interested parties should submit their comments to Cynthia Harne, Public Health Analyst and Project Officer for the GPE Program, Division of Nursing and Public Health, Behavioral and Public Health Branch, Bureau of Health Workforce, HRSA, 5600 Fishers Lane, Room 11N-90C, Rockville, Maryland 20857; phone (301) 443-7661; fax (301) 443-0791; or email [email protected] Please include the title of this notice, “Request for Comment: GPE Program” in the subject line of the email. Response to this request is voluntary. Responders are free to address any or all of the questions listed below. This request is for information and planning purposes only and should not be construed as a solicitation or as an obligation on the part of the federal government. All submitted comments will be available to the public by request in their entirety.

    FOR FURTHER INFORMATION CONTACT:

    Cynthia Harne, Public Health Analyst, Division of Nursing and Public Health, Behavioral and Public Health Branch, Bureau of Health Workforce, Health Resources and Services Administration, at the contact information listed above.

    SUPPLEMENTARY INFORMATION:

    The GPE Program was established in 2002 to assist American Psychological Association (APA) accredited doctoral programs and internships in meeting the costs to plan, develop, operate, or maintain graduate psychology education programs to train health service psychologists to work with vulnerable populations. The purpose of the current program (Funding Opportunity Announcement HRSA-16-059) is to prepare doctoral-level psychologists to provide behavioral health care, including mental health and substance use disorder prevention and treatment services, in settings that provide integrated primary and behavioral health services to underserved and/or rural populations. The program is designed to foster an integrated and interprofessional approach to address access to behavioral health care for underserved and/or rural populations.

    Given the value of feedback from stakeholders, HRSA is seeking comments from interested parties including current and former grant recipients, former applicants to the program, doctoral psychology schools and programs, and health care delivery sites that provide behavioral health experiential training to students. The purpose is to identify doctoral-level health service psychologist training needs, salient issues and challenges in the delivery of behavioral health services, including substance use, and to provide individual recommendations to maximize the reach, capacity and success of the GPE Program in addressing Opioid Use Disorder and other behavioral health concerns. This information may be used by HRSA will consider the input as it develops future technical assistance and funding opportunities, and strategic planning to meet the training demands of the behavioral health workforce.

    Graduate Psychology Program in FY 2019—Proposal for Public Comment

    HRSA seeks comments on how the GPE program (and the students it supports) can help address the opioid epidemic. In your comments, please address one or more of the following:

    1. What do you see as the most prevalent behavioral health and public health trends or concerns that should be addressed in developing the psychologist workforce?

    2. What do you see as the role for doctoral-level health psychologists in addressing the opioid epidemic?

    3. What are the didactic and experiential training needs in preparing doctoral-level health psychologists to effectively address substance use disorder (SUD) including opioid use?

    4. If your institution has received in the past, is currently receiving, or applied for but did not receive GPE funding, what features or requirements of the GPE Program were easy to incorporate and/or beneficial in the development and implementation of your program, and which ones posed challenges? Please provide specific examples. If your institution did not apply for GPE funding, what features or requirements of the GPE Program posed challenges to the development of your program or dissuaded your institution from applying to the program?

    5. What health workforce training strategies within the experiential training sites could the GPE Program address to increase access to integrated behavioral health/primary care services in underserved and/or rural populations? Please provide a description of practice.

    6. Type and site including geographic locations (e.g., large health system, private practices, group practices, Federally Qualified Health Center, etc.).

    Dated: March 8, 2018. George Sigounas, Administrator.
    [FR Doc. 2018-05064 Filed 3-13-18; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Privacy Act of 1974; System of Records AGENCY:

    Office of the Secretary (OS), Department of Health and Human Services (HHS).

    ACTION:

    Notice of a modified system of records.

    SUMMARY:

    In accordance with the requirements of the Privacy Act of 1974, as amended, HHS is altering an existing department-wide system of records, “Records About Restricted Dataset Requesters,” System Number 09-90-1401. This system of records covers records about individuals within and outside HHS who request restricted datasets and software products from HHS (e.g., for health-related scientific research and study purposes), when HHS maintains the requester records in a system from which they are retrieved directly by an individual requester's name or other personal identifier. The system of records currently covers records maintained by three HHS Operating Divisions. It is being altered to include records maintained by a fourth Operating Division, the National Institutes of Health (NIH), and to include three revised and five new routine uses, some of which will apply to all records in the system and some of which will apply to only NIH's records. The alterations affect the System Locations, Legal Authorities, Purposes, Retention, System Manager, and Routine Uses sections of the System of Records Notice (SORN).

    DATES:

    In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is applicable March 14, 2018, subject to a 30-day period in which to comment on the new and revised routine uses, described below. Please submit any comments by April 13, 2018.

    ADDRESSES:

    The public should submit written comments, by mail or email, to Beth Kramer, HHS Privacy Act Officer, 200 Independence Avenue SW, Suite 729H, Washington, DC 20201, or [email protected] Comments received will be available for review at this location without redaction, unless otherwise advised by the commenter. To review comments in person, please contact Beth Kramer at [email protected] or (202) 690-6941.

    FOR FURTHER INFORMATION CONTACT:

    General questions about the system of records should be submitted by mail, email, or phone to Beth Kramer, HHS Privacy Act Officer, at 200 Independence Avenue SW, Suite 729H, Washington, DC 20201; [email protected] or (202) 690-6941.

    SUPPLEMENTARY INFORMATION:

    This department-wide system of records was established April 2015 (see 80 FR 17447) and has not been previously revised. It covers records about individuals within and outside HHS who request restricted datasets and software products from HHS, when HHS maintains the requester records in a system from which they are retrieved directly by an individual requester's name or other personal identifier. It currently includes records maintained by three HHS Operating Divisions. It is being revised to add records maintained by a fourth Operating Division, the National Institutes of Health (NIH), which NIH plans to begin retrieving directly by personal identifier, and to include three revised and five new routine uses, some of which will apply to all records in the system and some of which will apply to only NIH's records.

    The alterations made to add NIH's records affect the System Location, Legal Authorities, Purposes, Retention, System Manager, and Routine Uses sections of the System of Records Notice (SORN). One new purpose was added to the “Purposes” section, which will apply to all records, not just NIH records, stating that records may be used to evaluate accomplishment of HHS functions related to the purposes of this system of records and to evaluate performance of contractors utilized by HHS to accomplish those functions. Minor wording and formatting changes have been made throughout the SORN to conform to the SORN template prescribed in OMB Circular A-108. The new and revised routine uses are as follows:

    • Routine use 1 has been revised to add “including ancillary functions, such as compiling reports and evaluating program effectiveness and contractor performance.”

    • Routine use 2 has been revised to add “including ancillary functions” and to add a last sentence stating: “For example, disclosure may be made to qualified experts not within the definition of HHS employees as prescribed in HHS regulations, for opinions as a part of the controlled data access process.”

    • Routine use 10 has been revised to use wording prescribed in OMB Memorandum M-17-12 issued January 3, 2017.

    • Routine uses 11 through 15 are new. Routine use 11 is a new routine use prescribed by OMB Memorandum M-17-12.

    “Restricted” datasets and software products are those that HHS makes affirmatively available to qualified members of the public but provides subject to restrictions, because they contain identifiable data and/or anonymized data that has the potential, when combined with other data, to identify the particular individuals, such as patients or providers, whose information is represented in the data. The datasets and products are made available through an on-line or paper-based ordering and delivery system that provides them to qualified requesters electronically or by mail.

    The restrictions are necessary to protect the privacy of individuals whose information is represented in the datasets or software products. The restrictions typically limit the data requester to using the data for research, analysis, study, and aggregate statistical reporting; prohibit any attempt to identify any individual or establishment represented in the data; and require specific security measures to safeguard the data from unauthorized access. HHS is required by law to impose, monitor, and enforce the restrictions (see, for example, provisions in the Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA), 44 U.S.C. 3501 at note). To impose and enforce the restrictions, it is necessary to collect information about the data requesters.

    The altered system of records will cover requester records retrieved by requesters' personal identifiers in the following four systems or any successor systems, but only to the extent that the records pertain to requesters seeking restricted datasets:

    Agency for Healthcare Research and Quality (AHRQ) “Online Application Ordering for Products from the Healthcare Cost and Utilization Project (HCUP).” HCUP is an online system established in 2013; it makes restricted databases and software available for qualified applicants to purchase for scientific research and public health use. Applicants may be researchers, patients, consumers, practitioners, providers, policy makers, or educators. The HCUP databases are annual files containing anonymous information from hospital discharge records for inpatient care and certain components of outpatient care. The HCUP software tools enhance the use of the data. The online system supports AHRQ's mission of promoting improvements in health care quality.

    Centers for Medicare & Medicaid Services (CMS) DUA tracking system. A new data use agreement (DUA) tracking system went into production in 2015 and replaced the previous system, “Data Agreement & Data Shipping Tracking System (DADSS).” The DUA system tracks authorization, payment status, shipping status, and ownership of restricted and unrestricted data extracts between CMS, its contractors, and other authorized entities.

    National Institutes of Health (NIH) “Controlled Data Access Systems.” NIH supports “NIH-designated data repositories,” which archive and distribute controlled-access de-identified human data and results from scientific studies under the NIH Genomic Data Sharing Policy. Controlled-access data in NIH-designated data repositories are made available for secondary research only after investigators have obtained approval from NIH to use the requested data for a particular project. The National Center for Biotechnology Information database of Genotypes and Phenotypes (dbGaP) serves as a central portal to submit, locate, and request access to controlled-access human genomic (e.g., GWAS, sequencing, expression, epigenomic) data. The dbGaP's capacity and functionality are extended by repositories managed by public or private organizations through structured partnerships (“trusted partnerships”) established by NIH through a contract mechanism. Information about investigators, Institutional Signing Officials, and other users of NIH-designated controlled access repositories may be located and viewed by approved staff using the dbGaP or trusted partner-managed systems. Sharing research data supports the mission of the NIH and is essential to facilitate the translation of research results into knowledge, products, and procedures that improve human health.

    Substance Abuse and Mental Health Services Administration (SAMHSA) “Online Application for the Data Portal (SAMHDA).” This online data portal was established in 2013 to more efficiently make restricted datasets from SAMHSA available to designated, approved researchers. The Data Portal and all applications are maintained through the Substance Abuse and Mental Health Data Archive (SAMHDA). Currently, data from the Drug Abuse Warning Network (DAWN), DAWN Medical Examiner/Coroner component, National Survey on Drug Use and Health (NSDUH), and NSDUH Adult Clinical Interview data are available through the portal. Data recipients must complete a web-based application process and receive project approval from SAMHSA's Center for Behavioral Health and Statistics and Quality (CBHSQ), and can use the datasets for statistical purposes only. No fees are charged for the datasets. The online portal supports SAMHSA' s mission to make substance use and mental disorder information and research more accessible.

    Note that this system of records does not include:

    Records about requesters who seek unrestricted datasets, publications, or other information products from an HHS on-line or paper-based ordering and delivery system. Unrestricted materials are also proactively made available to the public by HHS, but are released without restrictions (though some may be subject to terms or conditions of use and require registration for an account and payment of a fee). Because the requests or order forms collect minimal information about the requester (i.e., the requester's name, mailing address or email address, telephone number, or other contact or delivery information, and payment information if a fee is imposed) they would be adequately covered by other SORNs (for example, “Correspondence Tracking Management System (CTMS)” SORN #09-70-3005; “Consumer Mailing List” SORN #09-90-0041; and “HHS Financial Management System Records” SORN #09-90-0024 if a fee is involved), if a SORN is required (i.e., if the records are retrieved directly by an individual requester's name or other personal identifier). Examples include records about requesters who order materials online from AHRQ's Publications Online Store & Clearinghouse or by mail from AHRQ's Publications Clearinghouse, which provide only unrestricted publications and other information products; and records about requesters ordering unrestricted datasets from CMS's DUA tracking system, which processes orders for both restricted and unrestricted datasets.

    Records about data requesters that are not retrieved directly by an individual requester's name or other personal identifier. These records are not subject to the Privacy Act and are not required to be covered in a SORN, even when they are associated with a restricted dataset and include additional information about the requester (such as, the requester's intended research purpose, qualifications, signed Data Use Agreement, and confidentiality training certificate). An example would be requester records that are retrieved first by a dataset identifier and/or a requesting entity's name, and then by an individual researcher's or record custodian's name.

    A report on the altered system of records has been sent to OMB and Congress in accordance with 5 U.S.C. 552a(r).

    Dated: March 8, 2018. Alfred C. Johnson, Deputy Director for Management, National Institutes of Health. SYSTEM NAME AND NUMBER:

    Records About Restricted Dataset Requesters, 09-90-1401

    SECURITY CLASSIFICATION:

    Unclassified

    SYSTEM LOCATION:

    The address of each agency component responsible for the system of records is:

    AHRQ: HCUP Project Officer, Center for Delivery, Organization, and Markets, 540 Gaither Road, Rockville, MD 20850.

    CMS: DUA tracking system, Division of Data and Information Dissemination, Data Development and Services Group, Office of Enterprise Data and Analytics, Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mailstop: B2-29-04, Office Location: B2-03-37, Baltimore, MD 21244-1870.

    NIH: Office of the Director, Office of Science Policy, Division of Scientific Data Sharing Policy, 6705 Rockledge Drive, Suite 750, Bethesda, MD 20817.

    SAMHSA: SAMHDA Project Officer, CBHSQ, 5600 Fisher's Lane, Rockville, MD 20857.

    SYSTEM MANAGER(S):

    AHRQ: HCUP Project Officer, Center for Delivery, Organization, and Markets, 540 Gaither Road, Rockville, MD 20850; Telephone: 301-427-1410; [email protected]

    CMS: DUA tracking system, Division of Data and Information Dissemination, Data Development and Services Group, Office of Enterprise Data and Analytics, Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mailstop: B2-29-04, Office Location: B2-03-37, Baltimore, MD 21244-1870.

    NIH: Office of the Director, Office of Science Policy, Division of Scientific Data Sharing Policy, 6705 Rockledge Drive, Suite 750, Bethesda, MD 20817.

    SAMHSA: SAMHDA Project Officer, CBHSQ, 5600 Fisher's Lane, Rockville, MD 20857. (“SAMHDA” refers to Substance Abuse and Mental Health Data Archive.)

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    The following legal authorities authorize the collection and maintenance of these records:

    AHRQ: 42 U.S.C. 299-299a; 42 U.S.C. 299c-2.

    CMS: 5 U.S.C. 552a(e)(10); 45 CFR 164.514(e); 44 U.S.C. 3544; 42 U.S.C. 1306.

    NIH: 42 U.S.C. 217a, 241, 281, 282, 284; 48 CFR Subpart 15.3; E.O. 13478.

    SAMHDA: 42 U.S.C. 290aa(d)(l); 44 U.S.C. 3501(8)

    See also: CIPSEA, codified at 44 U.S.C. 3501 note.

    PURPOSE(S) OF THE SYSTEM:

    The purposes of this system of records are to provide restricted datasets and software products to qualified data requesters in a timely and efficient manner and consistent with applicable laws, and to enable HHS to enforce data requesters' compliance with use and security restrictions that apply to the data. Relevant HHS personnel use the records on a need-to-know basis for those purposes; specifically:

    Contact and user registration information is used to communicate with the requester, enable the requester to access requested data electronically (for example, the requester's email address would be used to register the requester to use a public access web portal or link, and to notify the requester when data has been delivered electronically to his registered account), locate the requester (e.g., for on-site inspections or to otherwise check compliance with the data use agreement), and deliver and track data provided by mail (e.g., to document receipt for enforcement purposes and report lost shipments to security personnel).

    Qualifications, planned use of the data, confidentiality training information, signed data use agreement, data receipt information, on-site inspection information, and information about data breaches or contract violations is used to grant the request (consistent with data use restrictions) or deny the request, bind the requester to the applicable data use restrictions and other security requirements, conduct on-site inspections or otherwise check the requester's compliance with the data use agreement, enforce the agreement if breached, and share information about data breaches and contract violations with other HHS components administering restricted dataset requests involving the same requesters.

    Payment information is used to collect any applicable fee. Any payment information shared with HHS accounting and debt collection systems is also covered under the accounting and debt collection systems' SORNs and is subject to the routine uses published in those SORNs (see, e.g., HHS Financial Management System Records, SORN #09-90-0024; and Debt Management and Collection System, SORN #09-40-0012).

    Any of the above records could be used to evaluate accomplishment of HHS functions related to the purposes of this system of records and to evaluate performance of contractors utilized by HHS to accomplish those functions.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Individuals within and outside HHS who request restricted datasets and software products that HHS makes proactively available to qualified members of the public, usually for health-related scientific research and study purposes. Examples include individual researchers and records custodians, project officers, or other representatives of entities such as universities, government agencies, and research organizations.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Categories of records include:

    Request records, containing the requester's name and contact information (telephone number, mailing address, email address), affiliated entity (e.g., if making the request as a records custodian or other employee), and a description of the dataset requested.

    Order fulfillment records, containing user registration information such as email address and IP address (if the requester is provided access to the dataset electronically through a public access web portal or link) or mailing information (if the dataset is mailed to the requester on a disk or other media), and tracking information (providing proof of delivery).

    Data use restriction records, containing the requester's identification, contact, and affiliated entity information, qualifications, intended use of the data (e.g., study name, contract number), confidentiality training documentation (e.g., a coded number indicating the individual completed required confidentiality training), signed and notarized data use agreement documents (e.g., Affidavit of Nondisclosure; Declaration of Nondisclosure; Confidential Data Use and Nondisclosure Agreement (CDUNA); Individual Designations of Agent; DUA number and expiration date), tracking information, and any on-site inspection information.

    Payment records (if a fee is charged), consisting of the requester's credit card account name, number, and billing address, or bank routing number and checking account name, address, and number.

    RECORD SOURCE CATEGORIES:

    Information in this system of records is obtained directly from the individual data requester to whom it applies, or is derived from information supplied by the individual or provided by HHS officials.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

    Information about an individual data requester may be disclosed to parties outside HHS, without the individual's prior, written consent, as provided in these routine uses:

    1. Disclosures may be made to federal agencies and Department contractors that have been engaged by HHS to assist in accomplishment of an HHS function relating to the purposes of this system of records (including ancillary functions, such as compiling reports and evaluating program effectiveness and contractor performance) and that have a need to have access to the records in order to assist HHS in performing the activity. Any contractor will be required to comply with the requirements of the Privacy Act.

    2. Records may be disclosed to student volunteers, individuals working under a personal services contract, and other individuals performing functions (including ancillary functions) relating to the purposes of this system of records for the Department but technically not having the status of agency employees, if they need access to the records in order to perform their assigned agency functions. For example, disclosure may be made to qualified experts not within the definition of HHS employees as prescribed in HHS regulations, for opinions as a part of the controlled data access process.

    3. CMS records may be disclosed to a CMS contractor (including but not limited to Medicare Administrative Contractors, fiscal intermediaries, and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such program.

    4. Records may be disclosed to another federal agency or an instrumentality of any governmental jurisdiction within or under the control of the United States (including any state or local governmental agency) that administers federally funded programs, or that has the authority to investigate, potential fraud, waste or abuse in federally funded programs, when disclosure is deemed reasonably necessary by HHS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy or otherwise combat fraud, waste or abuse in such programs.

    5. When a record on its face, or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto, disclosure may be made to the appropriate public authority, whether federal, foreign, state, local, tribal, or otherwise, responsible for enforcing, investigating or prosecuting the violation or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to the enforcement, regulatory, investigative, or prosecutorial responsibility of the receiving entity.

    6. Information may be disclosed to the U.S. Department of Justice (DOJ) or to a court or other tribunal, when:

    a. the agency or any component thereof, or

    b. any employee of the agency in his or her official capacity, or

    c. any employee of the agency in his or her individual capacity where DOJ has agreed to represent the employee, or

    d. the United States Government,

    is a party to litigation or has an interest in such litigation and, by careful review, HHS determines that the records are both relevant and necessary to the litigation and that, therefore, the use of such records by the DOJ, court or other tribunal is deemed by HHS to be compatible with the purpose for which the agency collected the records.

    7. Records may be disclosed to a federal, foreign, state, local, tribal, or other public authority of the fact that this system of records contains information relevant to the hiring or retention of an employee, the retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant or other benefit. The other agency or licensing organization may then make a request supported by the written consent of the individual for further information if it so chooses. HHS will not make an initial disclosure unless the information has been determined to be sufficiently reliable to support a referral to another office within the agency or to another federal agency for criminal, civil, administrative, personnel, or regulatory action.

    8. Information may be disclosed to a Member of Congress or Congressional staff member in response to a written inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained. The Congressional office does not have any greater authority to obtain records than the individual would have if requesting the records directly.

    9. Records may be disclosed to the U.S. Department of Homeland Security (DHS) if captured in an intrusion detection system used by HHS and DHS pursuant to a DHS cybersecurity program that monitors internet traffic to and from federal government computer networks to prevent a variety of types of cybersecurity incidents.

    10. Disclosures may be made to appropriate agencies, entities, and persons when (1) HHS suspects or has confirmed that there has been a breach of the system of records; (2) HHS has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, HHS (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 HHS efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

    11. Disclosure may be made to another Federal agency or Federal entity, when HHS 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.

    12. Disclosure of past performance information pertaining to contractors engaged by HHS to assist in accomplishment of an HHS function relating to the purposes of this system of records may be made to a federal agency upon request and may include information about dataset requesters.

    13. NIH dataset requester records may be included in records disclosed to governmental or authorized non-governmental entities with a signed data access agreement for system data that includes records about individuals requesting and receiving restricted datasets, to use in compiling reports (such as, on the composition of biomedical and/or research workforce; authors of publications attributable to federally-funded research; information made available through third-party systems as permitted by applicants or awardees for agency grants or contracts; or grant payment information reported to federal databases).

    14. When records about a requester of an NIH restricted dataset are related to an award or application for award under an NIH award program, the dataset requester records may be disclosed to the award applicant, principal investigator(s), institutional officials, trainees or others named in the application, or institutional service providers for purposes of application preparation, review, or award management, and to the public consistent with reporting and transparency standards and to the extent disclosure to the public would not cause an unwarranted invasion of personal privacy.

    15. HHS may disclose records from this system of records to the National Archives and Records Administration (NARA), General Services Administration (GSA), or other relevant Federal Government agencies in connection with records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

    Information about a dataset requester may also be disclosed from this system of records to parties outside HHS without the individual's consent for any of the uses authorized directly in the Privacy Act at 5 U.S.C. 552a(b)(2) and (b)(4)-(11).

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    Records are stored in electronic databases and hard-copy files. CMS's DUA tracking system records may also be stored on portable media.

    POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

    Records are retrieved by the data requester's name, registrant/user name, User ID Number, email address, or data use agreement (DUA) number.

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    Records needed to enforce data use restrictions are retained for 20 years by AHRQ (see DAA-0510-2013-0003-0001), 5 years by CMS (see Nl-440-10-04), and 3 years by NIH (see DAA-0443-2013-0004-0004) after the agreement is closed, and may be kept longer if necessary for enforcement, audit, legal, or other purposes. The equivalent SAMHSA records will be retained indefinitely until a disposition schedule is approved by the National Archives and Records Administration (NARA). SAMHSA anticipates proposing a 5 year retention period to NARA. Records of payments made electronically are transmitted securely to a Payment Card Industry-compliant payment gateway for processing and are not stored. Records of payments made by check, purchase order, or wire transfer are disposed of once the funds have been received. Records are disposed of using destruction methods prescribed by NIST SP 800-88.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    Records are safeguarded in accordance with applicable laws, rules and policies, including the HHS Information Technology Security Program Handbook, all pertinent National Institutes of Standards and Technology (NIST) publications, and OMB Circular A-130, Managing Information as a Strategic Resource. Records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. Safeguards conform to the HHS Information Security and Privacy Program, http://www.hhs.gov/ocio/securityprivacy/.

    The safeguards include protecting the facilities where records are stored or accessed with security guards, badges and cameras, securing hard-copy records in locked file cabinets, file rooms or offices during off-duty hours, limiting access to electronic databases to authorized users based on roles and the principle of least privilege, and two-factor authentication (user ID and password), using a secured operating system protected by encryption, firewalls, and intrusion detection systems, using an SSL connection for secure encrypted transmissions, requiring encryption for records stored on removable media, and training personnel in Privacy Act and information security requirements.

    RECORD ACCESS PROCEDURES:

    An individual who wishes to know if this system of records contains records about him or her should submit a written request to the relevant System Manager at the address indicated above. The individual must verify his or her identity by providing either a notarized request or a written certification that the requester is who he or she claims to be and understands that the knowing and willful request for acquisition of a record pertaining to an individual under false pretenses is a criminal offense under the Privacy Act, subject to a five thousand dollar fine.

    CONTESTING RECORD PROCEDURES:

    An individual seeking to amend the content of information about him or her in this system should contact the relevant System Manager and reasonably identify the record, specify the information contested, state the corrective action sought, and provide the reasons for the amendment, with supporting justification.

    NOTIFICATION PROCEDURES:

    An individual who wishes to know if this system of records contains records about him or her should submit a written request to the relevant System Manager at the address indicated above. The individual must verify his or her identity by providing either a notarized request or a written certification that the requester is who he or she claims to be and understands that the knowing and willful request for acquisition of a record pertaining to an individual under false pretenses is a criminal offense under the Privacy Act, subject to a five thousand dollar fine.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    80 FR 17447 (April 1, 2015).

    [FR Doc. 2018-05176 Filed 3-13-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Privacy Act of 1974; System of Records Notice AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Notice of a new system of records.

    SUMMARY:

    In accordance with the Privacy Act, HHS is establishing a new system of records to be maintained by HRSA System No. 09-15-0092 “HRSA Trainee Information Portal (TRIP).” The new system of records will cover data about health professionals/trainees receiving health care training supported by Bureau of Health Workforce (BHW) Federal awards (including, grants, cooperative agreements, contracts, scholarships and loans) (collectively referred to as awards), which BHW will use in evaluating the success of its programs. The new system of records is explained in the “Supplementary Information” section of this notice and fully described in the System of Records Notice (SORN) published in this notice.

    DATES:

    In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is effective upon publication, subject to a 30-day period in which to comment on the routine uses, described below. Please submit any comments by April 13, 2018.

    ADDRESSES:

    The public should address written comments on the new system of records to Director, National Center for Health Workforce Analysis (NCHWA), BHW, HRSA, 5600 Fishers Lane, Rockville, Maryland 20857.

    FOR FURTHER INFORMATION CONTACT:

    General questions about the system of records may be submitted to Director, National Center for Health Workforce Analysis (NCHWA), BHW, HRSA, 5600 Fishers Lane, Rockville, Maryland 20857.

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Government Performance and Results Act (GPRA) of 1993 and the GPRA Modernization Act of 2010, BHW requires all recipients of Health Professions awards to report annual performance data to BHW to enable BHW to determine the success of its programs. The performance data must include information about health professionals who directly or indirectly benefit from a BHW award.

    Currently, HRSA awardees submit performance data into the Electronic Handbooks (EHBs), an enterprise grants management system at HRSA. To reduce the reporting burden on awardees, BHW is developing a data collection portal that will allow awardees to collect individual-level trainee data (consisting of the trainee's name, training program, demographic information, aspects of their training, and employment information upon completion of training) directly from trainees via online surveys. For awardees that decide to communicate with trainees for this data collection, trainee email addresses may also be included. The survey responses will be collected, monitored, and managed in the portal, and awardees will be able to transmit and submit the data electronically into EHBs. Awardees will be able to send reminders or notifications to the trainees for initial surveys or any follow-up reminders. Awardees will also have the ability to directly upload bulk individual-level data rather than key in every required data field.

    Data elements collected in the portal about individual trainees will be the same as those already being collected in the EHBs; only the source and retrieval method are changing. Enabling awardees to collect individual level trainee data directly from trainees may result in more accurate annual reports to BHW. Retrieving information about individual trainees directly by trainee name or other personal identifier will improve BHW's ability to follow the trainees even after the completion of their training to find out if they are employed in health care and/or work in underserved areas, as required to evaluate the effectiveness and success of BHW health professions programs.

    SYSTEM NAME AND NUMBER:

    HRSA Trainee Data Collection Portal System, 09-15-0092.

    SECURITY CLASSIFICATION:

    Unclassified.

    SYSTEM LOCATION:

    The address of the agency component responsible for the system of records is National Center for Health Workforce Analysis (NCHWA), BHW, HRSA, 5600 Fishers Lane, Rockville, Maryland 20857.

    SYSTEM MANAGER(S):

    Director, National Center for Health Workforce Analysis (NCHWA), BHW, HRSA, 5600 Fishers Lane, Rockville, Maryland 20857.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    Section 761 of the Public Health Service Act (42 U.S.C. 294n), Health Professions Workforce Information and Analysis; Section 792 of the Public Health Service Act (42 U.S.C. 295k), Health Professions Data.

    PURPOSE(S) OF THE SYSTEM:

    The purpose of this system of records is to provide the agency with training data about individual health professionals benefitted by health care training funded by BHW programs, so that BHW can follow the trainees even after the completion of their training to find out if they are employed in health care and/or work in underserved areas, in order to evaluate the effectiveness and success of BHW health professions programs.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    The records pertain to health care professionals who are reported by awardees as benefitting from health care training supported by BHW awards.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The system will collect and store demographic, training and general employment related information about the trainees at awardee and other funding recipient locations supported by BHW awards. Records about a particular trainee will be grouped by program and will contain data elements such as those listed below:

    Name; email address; HRSA unique ID; health professions training program; length of training program; National Provider Identifier (NPI) number (where applicable); enrollment status; sex; age; race; ethnicity; rural residential background status; disadvantaged background status; veteran status; BHW award received; academic years receiving BHW awards; % Full-Time Equivalent (FTE) paid; primary discipline; whether the individual received training in a primary care setting, medically underserved community, or rural area; number of hours of training received in a primary care setting, medically underserved community, or rural area; graduation/completion status; program attrition status; employment data city, state, and ZIP code; type of employment, training/employment status 1-year after graduation; employment status.

    RECORD SOURCE CATEGORIES:

    The sources of the trainee data reported to BHW will be Health Professions awardees and their trainees. Sources of the data BHW subsequently obtains to determine if trainees are employed in health care and/or work in underserved areas will include the trainees and their employers. NPI Number will be obtained from records maintained by HHS' Centers for Medicare & Medicaid Services.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

    Information about an individual trainee may be disclosed from this system of records to parties outside the agency without the individual's prior, written consent pursuant to these routine uses:

    1. Any trainee data that a BHW awardee reports for its awards will be disclosed to that awardee organization, to use for its own award administrative purposes.

    2. Records may be disclosed to agency contractors who have been engaged by the agency to assist in accomplishment of an HHS function relating to the purposes of this system of records and who need to have access to the records in order to assist HHS. Any contractor will be required to comply with the requirements of the Privacy Act.

    3. Information may be disclosed to the U.S. Department of Justice (DOJ) or to a court or other tribunal, when:

    a. The agency or any component thereof, or

    b. any employee of the agency in his or her official capacity, or

    c. any employee of the agency in his or her individual capacity where DOJ has agreed to represent the employee, or

    d. the United States Government,

    is a party to litigation or has an interest in such litigation and, by careful review, HHS determines that the records are both relevant and necessary to the litigation and that, therefore, the use of such records by the DOJ, court or other tribunal is deemed by HHS to be compatible with the purpose for which the agency collected the records.

    4. Records may be disclosed to appropriate agencies, entities, and persons when (1) HHS suspects or has confirmed that there has been a breach of the system of records, (2) HHS has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, HHS (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 HHS's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

    5. Records may be disclosed to another federal agency or federal entity, when HHS 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.

    6. Records may be disclosed to the U.S. Department of Homeland Security (DHS) if captured in an intrusion detection system used by HHS and DHS pursuant to a DHS cybersecurity program that monitors internet traffic to and from federal government computer networks to prevent a variety of types of cybersecurity incidents.

    The disclosures authorized by publication of the above routine uses pursuant to 5 U.S.C. 552a(b)(3) are in addition to other disclosures authorized directly in the Privacy Act at 5 U.S.C. 552a(b)(4)-(11).

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    The agency will maintain the records on database servers with disk storage and backup tapes.

    POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

    The agency will retrieve records about an individual trainee by the trainee's name or other personal identifier, such as unique ID or email address.

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    BHW is developing a record retention policy and disposition schedule for Training Information Portal (TRIP) records. Until a disposition schedule has been approved by the National Archives and Records Administration (NARA), the records will be retained indefinitely.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    Authorized users include awardees and internal users such as government and contractor personnel who will provide support. Other than awardees, users are required to obtain favorable adjudication for a Level 5 Position of Public Trust. Government and contractor personnel who support the system must attend security training, sign a Non-Disclosure Agreement, and sign the Rules of Behavior, which is renewed annually. Users are given role-based access to the system on a limited need-to-know basis. All physical and logical access to the system is removed upon termination of employment. The system leverages the current HRSA EHBs process for authentication and authorization of all external awardee users.

    Records are safeguarded in accordance with applicable laws, rules and policies, including the HHS Information Technology Security Program Handbook, all pertinent National Institutes of Standards and Technology (NIST) publications, and OMB Circular A-130, Managing Information as a Strategic Resource. Records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. Safeguards conform to the HHS Information Security and Privacy Program, http://www.hhs.gov/ocio/securityprivacy/.

    The safeguards include protecting the facilities where records are stored or accessed with security guards, badges and cameras, securing hard-copy records in locked file cabinets, file rooms or offices during off-duty hours, limiting access to electronic databases to authorized users based on roles and the principle of least privilege, and two-factor authentication (user ID and password), using a secured operating system protected by encryption, firewalls, and intrusion detection systems, using an SSL connection for secure encrypted transmissions, requiring encryption for records stored on removable media, and training personnel in Privacy Act and information security requirements. Records that are eligible for destruction will be disposed of using secure destruction methods prescribed by NIST SP 800-88.

    RECORD ACCESS PROCEDURES:

    An individual seeking access to records about himself or herself in this system of records must submit a written request to the System Manager (see above “System Manager” section). An access request must contain the name and address of the requester, email address or other identifying information, and his/her signature. To verify the requester's identity, the signature must be notarized or the request must include the requester's written certification that he/she is the person he/she claims to be and that he/she understands that the knowing and willful request for or acquisition of records pertaining to an individual under false pretenses is a criminal offense subject to a $5,000 fine. Requesters may also ask for an accounting of disclosures that have been made of their records, if any.

    CONTESTING RECORD PROCEDURES:

    An individual seeking to amend a record about him or her in this system of records must submit a written request to the System Manager (see above “System Manager” section). An amendment request must include verification of the requester's identity in the same manner required for an access request, and must reasonably identify the record and specify the information being contested, the corrective action sought, and the reasons for requesting the correction, along with supporting information to show how the record is inaccurate, incomplete, untimely, or irrelevant.

    NOTIFICATION PROCEDURES:

    An individual who wishes to know if this system of records contains records about himself or herself must submit a written request to the System Manager (see above “System Manager” section) and verify his or her identity in the same manner required for an access request.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    None.

    Dated: March 8, 2018. George Sigounas, Administrator.
    [FR Doc. 2018-05062 Filed 3-13-18; 8:45 am] BILLING CODE 4160-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (NIH) AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below.

    DATES:

    Comments regarding this information collection are best assured of having their full effect if received within 30-days of the date of this publication.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: Desk Officer for NIH.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact: Tawanda Abdelmouti, Assistant Project Officer, Office of Policy for Extramural Research Administration, 6705 Rockledge Drive, Suite 350, Bethesda, MD 20892, or call non-toll-free number (301) 435-0978 or Email your request, including your address to: [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposed information collection was previously published in the Federal Register on December 22, 2017, page 60754 (82 FR 60754) and allowed 60 days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. National Institutes of Health, may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    In compliance with Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below.

    Proposed Collection: Generic Clearance for the collection of Qualitative Feedback on Agency Service Delivery—0925-0648 EXTENSION—National Institutes of Health (NIH).

    Need and Use of Information Collection: There are no changes being requested for this submission. The information collection activity will garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration's commitment to improving service delivery. This generic will provide information about the NIH Institutes and Centers customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training, or changes in operations might improve delivery of products or services. It will also allow feedback to contribute directly to the improvement of program management. Feedback collected under this generic clearance will provide useful information, but it will not yield data that can be generalized to the overall population.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 49,333.

    Estimated Annualized Burden Hours Type of collection Number of
  • respondents
  • Number of
  • responses
  • per
  • respondent
  • Average
  • time per
  • response
  • (in hours)
  • Total annual
  • burden hour
  • Customer Satisfaction Surveys 1,000 1 30/60 500 In-Depth Interviews (IDIs) or Small Discussion Groups 1,000 1 90/60 1,500 Focus Groups 1,000 1 90/60 1,500 Usability and Pilot Testing 150,000 1 5/60 12,500 Conference/Training—Pre- and Post-Surveys 100,000 2 10/60 33,333 Total 353,000 49,333
    Dated: March 8, 2018. Lawrence A. Tabak, Deputy Director, National Institutes of Health.
    [FR Doc. 2018-05172 Filed 3-13-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Human Genome Research Institute; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings of the National Human Genome Research Institute Special Emphasis Panel.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Human Genome Research Institute Special Emphasis Panel; AnVIL.

    Date: April 3, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Bethesda Downtown, 7355 Wisconsin Avenue, Conference Room Calvert I & II, Bethesda, MD 20814.

    Contact Person: Keith McKenney, Ph.D., Scientific Review Officer, National Human Genome Research Institute, 5635 Fishers Lane, Suite 4076, Bethesda, MD 20814, 301-594-4280, [email protected].

    Name of Committee: National Human Genome Research Institute Special Emphasis Panel; H3Africa ELSI.

    Date: April 9, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Rd., Forest Glen Conference Room, Rockville, MD 20852.

    Contact Person: Rudy O. Pozzatti, Ph.D., Scientific Review Officer, Scientific Review Branch, National Human Genome Research Institute 5635 Fishers Lane, Suite 4076, MSC 9306, Rockville, MD 20852, (301) 402-0838, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human Genome Research, National Institutes of Health, HHS)
    Dated: March 7, 2018. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-05083 Filed 3-13-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Laboratory Animal Welfare: Coordination and Harmonization of Regulations and Policies AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    The National Institutes of Health (NIH) is seeking information to improve the coordination of regulations and policies with respect to research with laboratory animals as required by the 21st Century Cures Act, Section 2034(d). The request for information is a coordinated effort of the Director of the National Institutes of Health in collaboration with the Secretary of Agriculture and the Commissioner of Food and Drugs to reduce administrative burden on investigators while maintaining the integrity and credibility of research findings and protection of research animals.

    DATES:

    The Request for Information regarding the proposed actions that the agencies have identified to improve coordination and harmonization of regulations and policies is open for public comment for a period of 90 days. Comments must be submitted electronically at https://grants.nih.gov/grants/rfi/rfi.cfm?ID=71 and must be received by June 12, 2018 to ensure consideration.

    FOR FURTHER INFORMATION CONTACT:

    Patricia Brown, Office of Laboratory Animal Welfare (OLAW), Office of Extramural Research, National Institutes of Health, Suite 360, 6705 Rockledge Drive, Bethesda, MD 20892-7982, phone: 301-496-7163, email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    This request for information is a coordinated effort of the Director of the National Institutes of Health in collaboration with the Secretary of Agriculture and the Commissioner of Food and Drugs to reduce administrative burden on investigators while maintaining the integrity and credibility of research findings and protection of research animals.

    Section 2034(d) of the 21st Century Cures Act (Pub. L. 114-255) was enacted December 13, 2016 and requires that the NIH in collaboration with the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) complete a review of applicable regulations and policies for the care and use of laboratory animals and make revisions to reduce administrative burden on investigators. In carrying out this effort, the law requests that NIH seek put to identify ways to ensure regulations and policies are not inconsistent, overlapping, or unnecessarily duplicative.

    In carrying out the review, NIH OLAW, USDA, and FDA are currently reviewing the following reports and surveys:

    • Reforming Animal Research Regulations: Workshop Recommendations to Reduce Regulatory Burden, 2017, Report of an April 17, 2017 workshop organized by Federation of American Societies for Experimental Biology (FASEB), the Association of American Medical Colleges, and the Council on Governmental Relations, with support from the National Association for Biomedical Research, http://www.faseb.org/Portals/2/PDFs/opa/2017/FASEB-Animal-Regulatory-Report-October2017.pdf.

    • Optimizing the Nation's Investment in Academic Research: A New Regulatory Framework for the 21st Century, 2016, National Academies, https://www.nap.edu/catalog/21824/optimizing-the-nations-investment-in-academic-research-a-new-regulatory.

    • Reducing Investigators' Administrative Workload for Federally Funded Research, 2014, National Science Board, National Science Foundation, https://www.nsf.gov/pubs/2014/nsb1418/nsb1418.pdf.

    • 2012 Faculty Workload Survey Research Report, 2014, Federal Demonstration Partnership (FDP), https://sites.nationalacademies.org/cs/groups/pgasite/documents/webpage/pga_087667.pdf.

    • Findings of the FASEB Survey on Administrative Burden, 2013, FASEB, http://www.faseb.org/portals/2/pdfs/opa/6.7.13%20FASEB%20NSB%20Survey%20findings.pdf.

    We are seeking the input of interested stakeholders concerning proposed actions that the agencies have identified to improve coordination and harmonization of regulations and policies. The responses received will provide critical information for final recommendations and implementation.

    II. Information Requested

    Input is sought on each of the following proposed actions that the agencies are considering:

    1. Allow investigators to submit protocols for continuing review using a risk-based methodology.

    2. Allow annual reporting to OLAW and USDA on the same reporting schedule and as a single report through a shared portal.

    3. Harmonize the guidance from NIH and USDA to reduce duplicative considerations of alternatives to painful and distressful procedures.

    4. Provide a minimum 60-day comment period for new OLAW policy guidance.

    5. Other approaches not previously mentioned.

    Feedback is sought on whether the following tools and resources are or would be helpful for reducing burden on investigators:

    1. Encourage the use of sections of the AAALAC International program description in applicable parts of the OLAW Animal Welfare Assurance, for institutions accredited by AAALAC International.

    2. Encourage the use of the FDP Compliance Unit Standard Procedures as a repository of best practices for standard procedures used for research with animals.

    3. Encourage the use of the IACUC Administrators Association repository of best practices by IACUCs.

    4. Encourage the use of new or existing tools to streamline protocol review through use of designated member review (DMR), DMR subsequent to full committee review, and/or Veterinary Verification and Consultation.

    5. Expanded IACUC training activities that focus on reducing burden on investigators.

    Dated: March 8, 2018. Francis S. Collins, Director, National Institutes of Health.
    [FR Doc. 2018-05173 Filed 3-13-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel; AMSC Members Conflict Review Meeting.

    Date: March 15-16, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute of Arthritis, Musculoskeletal and Skin Diseases, NIH, Conference Room 803, 6711 Democracy Boulevard, Bethesda, MD 20817.

    Contact Person: Xincheng Zheng, MD, Ph.D., Scientific Review Officer, Scientific Review Branch, National Institute of Arthritis, Musculoskeletal and Skin Diseases, NIH, 6701 Democracy Boulevard, Suite 820, Bethesda, MD 20892, 301-451-4838, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)
    Dated: March 7, 2018. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-05084 Filed 3-13-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Myalgic Encephalomyelitis/Chronic Fatigue Syndrome.

    Date: April 4, 2018.

    Time: 11:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Jana Drgonova, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5213, Bethesda, MD 20892, 301-827-2549, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Pediatric Immunotherapy Discovery and Development Network (PI-DDN) U54 Review.

    Date: April 5, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 20814.

    Contact Person: Lawrence Ka-Yun Ng, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6152, MSC 7804, Bethesda, MD 20892, 301-435-1719, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Myocardial Ischemia and Heart Failure Member Conflicts.

    Date: April 5, 2018.

    Time: 9:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Margaret Chandler, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4126, MSC 7814, Bethesda, MD 20892, (301)435-1743, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflicts: Chemistry.

    Date: April 5, 2018.

    Time: 10:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Mike Radtke, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4176, MSC 7806, Bethesda, MD 20892, 301-435-1728, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Molecular Genetics.

    Date: April 5, 2018.

    Time: 1:00 p.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Ronald Adkins, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2206, MSC 7890, Bethesda, MD 20892, 301-435-4511, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Studies in Genetics.

    Date: April 5, 2018.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Baishali Maskeri, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2022, Bethesda, MD 20892, 301-827-2864, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Biophysics.

    Date: April 5, 2018.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Richard D Crosland, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4190, MSC 7850, Bethesda, MD 20892, 301-694-7084, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Cell Biology and Cellular Signaling, Interactions, and Migration.

    Date: April 5, 2018.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Thomas Beres, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Rm. 5201, MSC 7840, Bethesda, MD 20892, 301-435-1175, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: March 8, 2018. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-05082 Filed 3-13-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID: FEMA-2018-0016; OMB No. 1660-0139] Agency Information Collection Activities: Proposed Collection; Comment Request; Ready PSA Campaign Creative Testing Research AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to take this opportunity to comment on a revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Ready campaign, which is a national public service advertising (PSA) campaign in support of FEMA's mission and is designed to educate and empower Americans to prepare for and respond to emergencies including natural and man-made disasters.

    DATES:

    Comments must be submitted on or before May 14, 2018.

    ADDRESSES:

    To avoid duplicate submissions to the docket, please use only one of the following means to submit comments:

    (1) Online. Submit comments at www.regulations.gov under Docket ID FEMA-2018-0016. Follow the instructions for submitting comments.

    (2) Mail. Submit written comments to Docket Manager, Office of Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-3100.

    All submissions received must include the agency name and Docket ID. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice that is available via the link in the footer of www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Aretha Carter, External Affairs Specialist, Federal Emergency Management Agency, (202) 288-6783, [email protected] You may contact the Information Management Division for copies of the proposed collection of information at email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    This collection is in accordance with Executive Orders 12862 and 13571 requiring all Federal agencies to survey customers to determine the kind and quality of services they want and their level of satisfaction with existing services. The Government Performance and Results Act (GPRA) requires Federal agencies to set missions and goals and to measure agency performance against them. The GPRA Modernization Act of 2010 requires quarterly performance assessments of government programs for the purposes of assessing agency performance and improvement. The Federal Emergency Management Agency is collecting information through focus groups to improve its public service advertising campaign on disaster preparedness.

    Collection of Information

    Title: Ready PSA Campaign Creative Testing Research.

    Type of Information Collection: Revision of a currently approved information collection.

    OMB Number: 1660-0139.

    FEMA Forms: FEMA Form 008-0-21, Recruitment Screener; FEMA Form 008-0-22, Focus Group Discussion Guide.

    Abstract: FEMA proposes conducting qualitative research in the form of focus groups in order to test creative concepts developed for FEMA's national Ready public service advertising campaign, which aims to educate and empower Americans to prepare for and respond to emergencies. The research will help determine the clarity, relevance, and motivating appeal of the concepts prior to final production of the advertising.

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 90.

    Estimated Number of Responses: 90.

    Estimated Total Annual Burden Hours: 58.

    Estimated Total Annual Respondent Cost: $2,060.16.

    Estimated Respondents' Operation and Maintenance Costs: There are no annual costs to respondents' operations and maintenance costs for technical services.

    Estimated Respondents' Capital and Start-Up Costs: There are no annual start-up or capital costs.

    Estimated Total Annual Cost to the Federal Government: $52,834.81.

    Comments

    Comments may be submitted as indicated in the ADDRESSES caption above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (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.

    Dated: March 1, 2018. William H. Holzerland, Senior Director for Information Management, Office of the Chief Administrative Officer Mission Support, Federal Emergency Management Agency, Department of Homeland Security.
    [FR Doc. 2018-05080 Filed 3-13-18; 8:45 am] BILLING CODE 9111-69-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2017-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The date of April 4, 2018 has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at https://msc.fema.gov by the date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at https://msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 1, 2018. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Los Angeles County, California and Incorporated Areas Docket No.: FEMA-B-1650 City of Agoura Hills 30001 Ladyface Court, Agoura Hills, CA 91301. City of Westlake Village 31200 Oak Crest Drive, Westlake Village, CA 91361. Unincorporated Areas of Los Angeles County Public Works Headquarters, Water Management Division, 900 South Freemont Avenue, Alhambra, CA 91803. Ventura County, California and Incorporated Areas Docket No.: FEMA-B-1650 City of Thousand Oaks City Hall, 2100 East Thousand Oaks Boulevard, Thousand Oaks, CA 91362. Unincorporated Areas of Ventura County Ventura County Public Works Agency, 800 South Victoria Avenue, Ventura, CA 93009. Morgan County, Colorado and Incorporated Areas Docket No.: FEMA-B-1658 City of Brush City Hall, 600 Edison Street, Brush, CO 80723. City of Fort Morgan City Hall, 110 Main Street, Fort Morgan, CO 80701. Town of Wiggins Town Hall, 304 Central Avenue, Wiggins, CO 80654. Unincorporated Areas of Morgan County Morgan County Planning and Zoning Department, 231 Ensign Street, Fort Morgan, CO 80701. Dawson County, Georgia and Incorporated Areas Docket No.: FEMA-B-1655 City of Dawsonville City Hall, 415 Highway 53 East, Suite 100, Dawsonville, GA 30534. Unincorporated Areas of Dawson County Dawson County Planning and Development Department, 25 Justice Way, Suite 2322, Dawsonville, GA 30534. Hall County, Georgia and Incorporated Areas Docket No.: FEMA-B-1655 City of Buford City Hall, 2300 Buford Highway, Buford, GA 30518. City of Flowery Branch City Hall, 5517 Main Street, Flowery Branch, GA 30542. City of Gainesville Department of Water Resources Administration Building, 757 Queen City Parkway, Southwest, Gainesville, GA 30501. City of Lula City Hall, 6055 Main Street, Lula, GA 30554. City of Oakwood City Hall, 4035 Walnut Circle, Oakwood, GA 30566. Town of Clermont Town Hall, 109 King Street, Clermont, GA 30527. Unincorporated Areas of Hall County Hall County Government Center, Engineering Division, 2875 Browns Bridge Road, 3rd Floor, Gainesville, GA 30504. Lumpkin County, Georgia and Incorporated Areas Docket No.: FEMA-B-1655 City of Dahlonega City Hall, 465 Riley Road, Dahlonega, GA 30533. Unincorporated Areas of Lumpkin County Lumpkin County Planning and Public Works Department, 25 Short Street, Suite 10, Dahlonega, GA 30533. Davis County, Iowa and Incorporated Areas Docket No.: FEMA-B-1657 City of Bloomfield City Hall, 111 West Franklin Street, Bloomfield, IA 52537. City of Floris City Hall, 103 Monroe Street, Floris, IA 52560. Unincorporated Areas of Davis County Davis County Highway Department, 21585 Lilac Avenue, Bloomfield, IA 52537. Hancock County, Iowa and Incorporated Areas Docket No.: FEMA-B-1657 City of Britt City Hall, 170 Main Avenue South, Britt, IA 50423. City of Corwith City Hall, 108 Northwest Elm Street, Corwith, IA 50430. City of Crystal Lake City Hall, 225 State Avenue South, Crystal Lake, IA 50432. City of Forest City City Hall, 305 North Clark Street, Forest City, IA 50436. City of Garner City Hall, 135 West 5th Street, Garner, IA 50438. City of Kanawha City Hall, 121 North Main Street, Kanawha, IA 50477. City of Woden City Hall, 302 Main Avenue, Woden, IA 50484. Unincorporated Areas of Hancock County Hancock County Courthouse, 855 State Street, Garner, IA 50438.
    [FR Doc. 2018-05188 Filed 3-13-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1811] Proposed Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA) boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that the Federal Emergency Management Agency (FEMA) has provided to the affected communities. The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings.

    DATES:

    Comments are to be submitted on or before June 12, 2018.

    ADDRESSES:

    The Preliminary FIRM, and where applicable, the FIS report for each community are available for inspection at both the online location https://www.fema.gov/preliminaryfloodhazarddata and the respective Community Map Repository address listed in the tables below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    You may submit comments, identified by Docket No. FEMA-B-1811, to Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    FEMA proposes to make flood hazard determinations for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

    These proposed flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after the FIRM and FIS report become effective.

    The communities affected by the flood hazard determinations are provided in the tables below. Any request for reconsideration of the revised flood hazard information shown on the Preliminary FIRM and FIS report that satisfies the data requirements outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the flood hazard determinations also will be considered before the FIRM and FIS report become effective.

    Use of a Scientific Resolution Panel (SRP) is available to communities in support of the appeal resolution process. SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. Use of the SRP only may be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days without a mutually acceptable resolution of an appeal. Additional information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.

    The watersheds and/or communities affected are listed in the tables below. The Preliminary FIRM, and where applicable, FIS report for each community are available for inspection at both the online location https://www.fema.gov/preliminaryfloodhazarddata and the respective Community Map Repository address listed in the tables. For communities with multiple ongoing Preliminary studies, the studies can be identified by the unique project number and Preliminary FIRM date listed in the tables. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 23, 2018. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address City and Borough of Juneau, Alaska Project: 15-10-0411S Preliminary Date: August 25, 2017 City and Borough of Juneau Marine View Building, 230 South Franklin Street, Juneau, AK 99801. Carroll County, Indiana and Incorporated Areas Project: 14-05-9589S Preliminary Dates: February 19, 2016 and September 15, 2017 Unincorporated Areas of Carroll County Carroll County Area Plan Commission, Carroll County Courthouse, 101 West Main Street, Delphi, IN 46923.
    [FR Doc. 2018-05179 Filed 3-13-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The date of July 19, 2018 has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at https://msc.fema.gov by the date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at https://msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 8, 2018. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Sacramento County, California and Incorporated Areas Docket No.: FEMA-B-1627 Unincorporated Areas of Sacramento County Municipal Services Agency, Department of Water Resources, 827 7th Street, Suite 301, Sacramento, CA 95814. Marion County, Kansas and Incorporated Areas Docket No.: FEMA-B-1723 City of Marion City Hall, 203 North 3rd Street, Marion, KS 66861. Unincorporated Areas of Marion County Marion County Planning and Zoning, 230 East Main Street, Marion, KS 66861. Fairfield County, Ohio and Incorporated Areas Docket No.: FEMA-B-1610 City of Lancaster City Building Department, 121 East Chestnut Street, Lancaster, OH 43130. City of Pickerington City Hall, 51 East Columbus Street, Pickerington, OH 43147. Unincorporated Areas of Fairfield County Fairfield County Administrative Courthouse, 210 East Main Street, Lancaster, OH 43130.
    [FR Doc. 2018-05181 Filed 3-13-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The date of June 20, 2018 has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at https://msc.fema.gov by the date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at https://msc.fema.gov. The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 23, 2018. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Monmouth County, New Jersey (All Jurisdictions) Docket No.: FEMA-B-1471 Borough of Highlands Municipal Office, 42 Shore Drive, Highlands, NJ 07732. Borough of Little Silver Borough Hall, Clerk's Office, 480 Prospect Avenue, Little Silver, NJ 07739. Borough of Matawan Borough Hall, 201 Broad Street, Matawan, NJ 07747. Borough of Monmouth Beach Borough Hall, 18 Willow Avenue, Monmouth Beach, NJ 07750. Ocean County, New Jersey (All Jurisdictions) Docket No.: FEMA-B-1471 Borough of Point Pleasant Beach Municipal Building, 416 New Jersey Avenue, Point Pleasant Beach, NJ 08742. Putnam County, Ohio and Incorporated Areas Docket Nos.: FEMA-B-1436 and FEMA-B-1704 Unincorporated Areas of Putnam County Putnam County Courthouse, 245 East Main Street, Ottawa, OH 45875. Village of Cloverdale Village Office, 210 Mahoning Street, Cloverdale, OH 45827. Village of Columbus Grove Village Office, 113 East Sycamore Street, Columbus Grove, OH 45830. Village of Dupont Community Center and Village Hall, 101 Liberty Street, Dupont, OH 45837. Village of Fort Jennings Village Office, 440 4th Street, Fort Jennings, OH 45844. Village of Gilboa Municipal Building, 206 Main Street, Gilboa, OH 45875. Village of Glandorf Village Hall, 201 North Main Street, Glandorf, OH 45848. Village of Kalida Municipal Building, 110 South Broad Street, Kalida, OH 45853. Village of Leipsic Village Hall, 142 East Main Street, Leipsic, OH 45856. Village of Ottawa Village Hall, 136 North Oak Street, Ottawa, OH 45875. Village of Ottoville Municipal Center, 150 Park Drive, Ottoville, OH 45876. Village of Pandora Municipal Building, 102 South Jefferson Street, Pandora, OH 45877. Clatsop County, Oregon and Incorporated Areas Docket No.: FEMA-B-1703 City of Cannon Beach City Hall, Community Development, 163 East Gower Street, Cannon Beach, OR 97110. City of Gearhart City Hall, 698 Pacific Way, Gearhart, OR 97138. City of Seaside Community Development, 1387 Avenue U, Seaside, OR 97138. City of Warrenton City Hall, 225 South Main, Warrenton, OR 97146. Unincorporated Areas of Clatsop County Community Development, 800 Exchange Street, Suite 100, Astoria, OR 97103. San Juan County, Washington and Incorporated Areas Docket No.: FEMA-B-1670 Town of Friday Harbor San Juan Office of Community Development, 135 Rhone Street, Friday Harbor, WA 98250. Unincorporated Areas of San Juan County San Juan Office of Community Development, 135 Rhone Street, Friday Harbor, WA 98250.
    [FR Doc. 2018-05190 Filed 3-13-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1810] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR). The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will be finalized on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Insurance and Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 23, 2018. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive officer
  • of community
  • Community map
  • repository
  • Online location
  • of letter of map revision
  • Date of
  • modification
  • Community
  • No.
  • Arkansas: Benton City of Rogers (17-06-4054P) The Honorable Greg Hines, Mayor, City of Rogers, 301 West Chestnut Street, Rogers, AR 72756 City Hall, 301 West Chestnut Street, Rogers, AR 72756 https://msc.fema.gov/portal/advanceSearch May 14, 2018 050013 Colorado: Boulder City of Boulder, (17-08-0797P) Ms. Jane S. Brautigam, Manager, City of Boulder, P.O. Box 791, Boulder, CO 80306 City Hall, 1739 Broadway, 3rd Floor, Boulder, CO 80306 https://msc.fema.gov/portal/advanceSearch May 31, 2018 080024 Broomfield City and County of Broomfield, (17-08-0870P) The Honorable Randy Ahrens, Mayor, City and County of Broomfield, 1 DesCombes Drive, Broomfield, CO 80020 Community Development Department, 1 DesCombes Drive, Broomfield, CO 80020 https://msc.fema.gov/portal/advanceSearch May 4, 2018 085073 Douglas Town of Parker, (17-08-1041P) The Honorable Mike Waid, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138 Town Hall, 20120 East Main Street, Parker, CO 80138 https://msc.fema.gov/portal/advanceSearch May 18, 2018 080310 Douglas Unincorporated areas of Douglas County, (17-08-1041P) The Honorable Roger Partridge, Chairman, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104 Douglas County Planning Division, 100 3rd Street, Castle Rock, CO 80104 https://msc.fema.gov/portal/advanceSearch May 18, 2018 080049 El Paso City of Colorado Springs, (17-08-1081P) The Honorable John Suthers, Mayor, City of Colorado Springs, 30 South Nevada Avenue, Suite 601, Colorado Springs, CO 80903 City Hall, 30 South Nevada Avenue, Colorado Springs, CO 80903 https://msc.fema.gov/portal/advanceSearch May 17, 2018 080060 Jefferson City of Westminster, (17-08-0870P) The Honorable Herb Atchison, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031 City Hall, 4800 West 92nd Avenue, Westminster, CO 80031 https://msc.fema.gov/portal/advanceSearch May 4, 2018 080008 Teller City of Woodland Park, (17-08-0477P) The Honorable Neil Levy, Mayor, City of Woodland Park, P.O. Box 9007, Woodland Park, CO 80866 City Hall, 220 West South Avenue, Woodland Park, CO 80866 https://msc.fema.gov/portal/advanceSearch Apr. 19, 2018 080175 Teller Unincorporated areas of Teller County, (17-08-0477P) The Honorable Dave Paul, Chairman, Teller County, Board of Commissioners, P.O. Box 959, Cripple Creek, CO 80813 Teller County Planning Department, 800 Research Drive, Woodland Park, CO 80866 https://msc.fema.gov/portal/advanceSearch Apr. 19, 2018 080173 Delaware: Kent City of Dover, (17-03-0901P) The Honorable Robin R. Christiansen, Mayor, City of Dover, P.O. Box 475, Dover, DE 19903 Department of Planning and Inspection, 15 Lookerman Plaza, Dover, DE 19901 https://msc.fema.gov/portal/advanceSearch Jun. 4, 2018 100006 Florida: Charlotte Unincorporated areas of Charlotte County, (17-04-7978P) The Honorable Bill Truex, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Suite 536, Port Charlotte, FL 33948 Charlotte County Community Development Department, 18500 Murdock Circle, Port Charlotte, FL 33948 https://msc.fema.gov/portal/advanceSearch Apr. 26, 2018 120061 Hillsborough Unincorporated areas of Hillsborough County, (17-04-5216P) The Honorable Sandra Murman, Chair, Hillsborough County Board of Commissioners, 601 East Kennedy Boulevard, Tampa, FL 33602 Hillsborough County Building Services Division, 601 East Kennedy Boulevard, Tampa, FL 33602 https://msc.fema.gov/portal/advanceSearch May 21, 2018 120112 Lee City of Sanibel, (17-04-6485P) The Honorable Kevin Ruane, Mayor, City of Sanibel, 800 Dunlop Road, Sanibel, FL 33957 Planning and Code Enforcement Department, 800 Dunlop Road, Sanibel, FL 33957 https://msc.fema.gov/portal/advanceSearch May 10, 2018 120402 Orange City of Orlando, (17-04-3609P) The Honorable Buddy Dyer, Mayor, City of Orlando, P.O. Box 4990, Orlando, FL 32802 City Hall, 400 South Orange Avenue, Orlando, FL 32801 https://msc.fema.gov/portal/advanceSearch May 16, 2018 120186 Palm Beach City of Riviera Beach, (17-04-6959P) The Honorable Thomas A. Masters, Mayor, City of Riviera Beach, 600 West Blue Heron Boulevard, Riviera Beach, FL 33404 Department of Community Development, 600 West Blue Heron Boulevard, Riviera Beach, FL 33404 https://msc.fema.gov/portal/advanceSearch May 4, 2018 125142 Palm Beach Unincorporated areas of Palm Beach County, (17-04-6959P) The Honorable Melissa McKinlay, Mayor, Palm Beach County, 301 North Olive Avenue, Suite 1201, West Palm Beach, FL 33401 Palm Beach County Building Department, 2300 North Jog Road, West Palm Beach, FL 33411 https://msc.fema.gov/portal/advanceSearch May 4, 2018 120192 Polk City of Lakeland, (17-04-7441P) The Honorable William Mutz, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801 Public Works Department, 407 Fairway Avenue, Lakeland, FL 33801 https://msc.fema.gov/portal/advanceSearch May 31, 2018 120267 Georgia: Floyd City of Cave Spring, (17-04-3382P) The Honorable Dennis Shoaf, Mayor, City of Cave Spring, 10 Georgia Avenue, Cave Spring, GA 30124 City Hall, 10 Georgia Avenue, Cave Spring, GA 30124 https://msc.fema.gov/portal/advanceSearch May 11, 2018 130080 Floyd Unincorporated areas of Floyd County, (17-04-3382P) The Honorable Rhonda Wallace, Chair, Floyd County Board of Commissioners, 12 East 4th Avenue, Rome, GA 30161 Floyd County Building Inspections Department, 12 East 4th Avenue, Rome, GA 30161 https://msc.fema.gov/portal/advanceSearch May 11, 2018 130079 Gwinnett Unincorporated areas of Gwinnett County, (17-04-5175P) The Honorable Charlotte E. Nash, Chair, Gwinnett County Board of Commissioners, 75 Langley Drive, Lawrenceville, GA 30046 Gwinnett County Planning and Development Department, 446 West Crogan Street, Lawrenceville, GA 30046 https://msc.fema.gov/portal/advanceSearch Mar. 19, 2018 130322 Gwinnett Unincorporated areas of Gwinnett County, (17-04-7249P) The Honorable Charlotte E. Nash, Chair, Gwinnett County Board of Commissioners, 75 Langley Drive, Lawrenceville, GA 30046 Gwinnett County Planning and Development Department, 446 West Crogan Street Lawrenceville, GA 30046 https://msc.fema.gov/portal/advanceSearch Mar. 22, 2018 130322 Kentucky: Fayette Lexington-Fayette Urban County Government, (17-04-5322P) The Honorable Jim Gray, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, Lexington, KY 40507 Planning Division, 101 East Vine Street, Lexington, KY 40507 https://msc.fema.gov/portal/advanceSearch May 16, 2018 210067 Louisiana: Tangipahoa Unincorporated areas of Tangipahoa Parish, (17-06-1567P) The Honorable Robby Miller, President, Tangipahoa Parish, P.O. Box 215, Amite, LA 70422 Tangipahoa Parish Department of Public Works, 44512 West Pleasant Ridge Road, Hammond, LA 70401 https://msc.fema.gov/portal/advanceSearch Mar. 15, 2018 220206 Maine: Knox Town of Isle au Haut, (17-01-1368P) The Honorable Peggi Stevens, Chair, Town of Isle au Haut Board of Selectmen, P.O. Box 71, Isle au Haut, ME 04645 Town Hall, 1 Main Street, Isle au Haut, ME 04645 https://msc.fema.gov/portal/advanceSearch Apr. 6, 2018 230227 Oxford Town of Hartford, (18-01-0057P) The Honorable Lee Holman, Chair, Town of Hartford Board of Selectmen, 1196 Main Street, Hartford, ME 04220 Town Hall, 1196 Main Street, Hartford, ME 04220 https://msc.fema.gov/portal/advanceSearch May 10, 2018 230334 Massachusetts: Plymouth Town of Wareham, (17-01-0909P) Mr. Derek Sullivan, Administrator, Town of Wareham, 54 Marion Road, Wareham, MA 02571 Town Hall, 54 Marion Road, Wareham, MA 02571 https://msc.fema.gov/portal/advanceSearch Mar. 23, 2018 255223 Montana: Big Horn Unincorporated areas of Big Horn County, (17-08-0336P) The Honorable Chad Fenner, Chairman, Big Horn County Board of Commissioners, P.O. Box 908, Hardin, MT 59034 Big Horn County Health Department, 809 North Custer Avenue, Hardin, MT 59034 https://msc.fema.gov/portal/advanceSearch Jun. 1, 2018 300143 Ravalli Unincorporated areas of Ravalli County, (17-08-0795P) The Honorable Greg Chilcott, Chairman, Ravalli County Board of Commissioners, 215 South 4th Street, Suite A, Hamilton, MT 59840 Ravalli County Planning Department, 215 S 4th Street, Suite F, Hamilton, MT 59840 https://msc.fema.gov/portal/advanceSearch May 14, 2018 300061 North Carolina: Mecklenburg Town of Huntersville, (17-04-6263P) The Honorable John Aneralla, Mayor, Town of Huntersville, P.O. Box 664, Huntersville, NC 28070 Planning Department, 105 Gilead Road, 3rd Floor, Huntersville, NC 28078 https://msc.fema.gov/portal/advanceSearch May 4, 2018 370478 Mecklenburg Town of Huntersville, (17-04-6264P) The Honorable John Aneralla, Mayor, Town of Huntersville, P.O. Box 664, Huntersville, NC 28070 Planning Department, 105 Gilead Road, 3rd Floor, Huntersville, NC 28078 https://msc.fema.gov/portal/advanceSearch May 18, 2018 370478 Rhode Island: Providence City of Providence, (17-01-1322P) The Honorable Jorge O. Elorza, Mayor, City of Providence, 25 Dorrance Street, Providence, RI 02903 Department of Inspection and Standards, 444 Westminster Street, Providence, RI 02903 https://msc.fema.gov/portal/advanceSearch Mar. 16, 2018 445406 Tennessee: Wilson City of Lebanon, (17-04-4038P) The Honorable Bernie Ash, Mayor, City of Lebanon, 200 North Castle Heights Avenue, Suite 100, Lebanon, TN 37087 Engineering Department, 200 North Castle Heights Avenue, Suite 300, Lebanon, TN 37087 https://msc.fema.gov/portal/advanceSearch May 4, 2018 470208 Wilson Unincorporated areas of Wilson County, (17-04-4038P) The Honorable Randall Hutto, Mayor, Wilson County, 228 East Main Street Lebanon, TN 37087 Wilson County Planning Department, 228 East Main Street Lebanon, TN 37087 https://msc.fema.gov/portal/advanceSearch May 4, 2018 470207 Texas: Collin City of Anna, (17-06-1736P) The Honorable Nate Pike, Mayor, City of Anna, P.O. Box 776, Anna, TX 75409 City Hall, 120 West 4th Street, Anna, TX 75409 https://msc.fema.gov/portal/advanceSearch Apr. 16, 2018 480132 Collin City of Murphy, (17-06-1778P) Mr. Mike Castro, Ph.D., Manager, City of Murphy, 206 North Murphy Road, Murphy, TX 75094 City Hall, 206 North Murphy Road, Murphy, TX 75094 https://msc.fema.gov/portal/advanceSearch Apr. 6, 2018 480137 Collin Unincorporated areas of Collin County, (17-06-1736P) The Honorable Keith Self, Collin County Judge, 2300 Bloomdale Road, Suite 4192, McKinney, TX 75071 Collin County Engineering Department, 4690 Community Avenue, Suite 200, McKinney, TX 75071 https://msc.fema.gov/portal/advanceSearch Apr. 16, 2018 480130 Dallas City of Dallas, (17-06-2978P) The Honorable Michael S. Rawlings, Mayor, City of Dallas, 1500 Marilla Street, Suite 5EN, Dallas, TX 75201 Engineering Department, 320 East Jefferson Boulevard, Room 200, Dallas, TX 75203 https://msc.fema.gov/portal/advanceSearch Mar. 26, 2018 480171 Denton City of Carrollton, (17-06-2506P) The Honorable Kevin Falconer, Mayor, City of Carrollton, P.O. Box 110535, Carrollton, TX 75011 City Hall, 1945 East Jackson Street, Carrollton, TX 75006 https://msc.fema.gov/portal/advanceSearch May 10, 2018 480167 Denton City of The Colony, (17-06-2506P) The Honorable Joe McCourry, Mayor, City of The Colony, 6800 Main Street, The Colony, TX 75056 City Hall, 6800 Main Street, The Colony, TX 75056 https://msc.fema.gov/portal/advanceSearch May 10, 2018 481581 Harris and Montgomery City of Houston, (17-06-2680P) The Honorable Sylvester Turner, Mayor, City of Houston, P.O. Box 1562, Houston, TX 77251 Department of Public Works and Engineering, 1002 Washington Avenue, 3rd Floor, Houston, TX 77002 https://msc.fema.gov/portal/advanceSearch Apr. 9, 2018 480296 Montgomery City of Conroe, (17-06-2100P) The Honorable Toby Powell, Mayor, City of Conroe, 300 West Davis Street, Conroe, TX 77301 Engineering Department, 300 West Davis Street, Conroe, TX 77301 https://msc.fema.gov/portal/advanceSearch Apr. 9, 2018 480484 Montgomery City of Panorama Village, (17-06-2100P) The Honorable Lynn Scott, Mayor, City of Panorama Village, 99 Hiwon Drive, Panorama Village, TX 77304 City Hall, 99 Hiwon Drive, Panorama Village, TX 77304 https://msc.fema.gov/portal/advanceSearch Apr. 9, 2018 481263 Montgomery Unincorporated areas of Montgomery County, (17-06-2680P) The Honorable Craig B. Doyal, Montgomery County Judge, 501 North Thompson Street, Suite 401, Conroe, TX 77301 Montgomery County, Permit Department, 501 North Thompson Street, Suite 100, Conroe, TX 77301 https://msc.fema.gov/portal/advanceSearch Apr. 9, 2018 480483 Rockwall City of Rockwall, (17-06-3552P) The Honorable Jim Pruitt, Mayor, City of Rockwall, 385 South Goliad Street, Rockwall, TX 75087 Public Works Department, 385 South Goliad Street, Rockwall, TX 75087 https://msc.fema.gov/portal/advanceSearch May 14, 2018 480547 Smith City of Tyler, (17-06-1762P) The Honorable Martin Heines, Mayor, City of Tyler, P.O. Box 2039, Tyler, TX 75710 Development Services Department, 423 West Ferguson Street, Tyler, TX 75702 https://msc.fema.gov/portal/advanceSearch May 10, 2018 480571 Tarrant City of Fort Worth, (17-06-2261P) The Honorable Betsy Price, Mayor, City of Fort Worth, 200 Texas Street, Fort Worth, TX 76102 Department of Transportation and Public Works, 200 Texas Street, Fort Worth, TX 76102 https://msc.fema.gov/portal/advanceSearch May 17, 2018 480596 Tarrant City of Fort Worth, (17-06-4076P) The Honorable Betsy Price, Mayor, City of Fort Worth, 200 Texas Street, Fort Worth, TX 76102 Department of Transportation and Public Works, 200 Texas Street, Fort Worth, TX 76102 https://msc.fema.gov/portal/advanceSearch May 24, 2018 480596 Tarrant City of Fort Worth, (17-06-4079P) The Honorable Betsy Price, Mayor, City of Fort Worth, 200 Texas Street, Fort Worth, TX 76102 Department of Transportation and Public Works, 200 Texas Street, Fort Worth, TX 76102 https://msc.fema.gov/portal/advanceSearch May 24, 2018 480596 Tarrant City of Haltom City, (17-06-4081P) The Honorable David Averitt, Mayor, City of Haltom City, 5024 Broadway Avenue, Haltom City, TX 76117 Public Works Services Department, 4200 Hollis Street, Haltom City, TX 76111 https://msc.fema.gov/portal/advanceSearch May 14, 2018 480599 Utah: Washington City of St. George, (17-08-0793P) The Honorable Jon Pike, Mayor, City of St. George, 175 East 200 North, St. George, UT 84770 City Hall, 175 East 200 North, St. George, UT 84770 https://msc.fema.gov/portal/advanceSearch May 25, 2018 490177 Virginia: Stafford Unincorporated areas of Stafford County, (17-03-2308P) Mr. Thomas C. Foley, Stafford County Administrator, P.O. Box 339, Stafford, VA 22555 Stafford County Department of Planning and Zoning, 1300 Courthouse Road, Stafford, VA 22554 https://msc.fema.gov/portal/advanceSearch May 31, 2018 510154
    [FR Doc. 2018-05180 Filed 3-13-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2017-0022; OMB No. 1660-0004] Agency Information Collection Activities: Submission for OMB Review; Comment Request; Application for Participation in the National Flood Insurance Program (NFIP) AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Federal Emergency Management Agency, 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 reinstatement, without change, of a previously approved information collection for which approval has expired. FEMA will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission will describe the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and the actual data collection instruments FEMA will use.

    DATES:

    Comments must be submitted on or before April 13, 2018.

    ADDRESSES:

    Submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the Desk Officer for the Department of Homeland Security, Federal Emergency Management Agency, and sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection should be made to Director, Information Management Division, 500 C Street SW, Washington, DC 20472, email address [email protected] or Adrienne L. Sheldon, Supervisory Emergency Management Specialist, Floodplain Management Division, (202) 212-3966.

    SUPPLEMENTARY INFORMATION:

    The National Flood Insurance Program (NFIP), codified at 42 U.S.C 4001, et seq., requires all flood prone communities throughout the country to apply for participation in the NFIP one year after their flood prone status is identified or submit to the prohibition of certain types of federal and federally-related financial assistance for use in their floodplains. Title 44 Code of Federal Regulations (CFR) section 59.2 authorizes previously unavailable flood insurance protection to property owners in flood-prone areas, and 44 CFR 59.22 identifies the information that communities are required to submit to FEMA for application into the NFIP. 44 CFR 59.22 and 59.24 identify the information a community is required to submit to FEMA for continued participation in the program.

    This proposed information collection previously published in the Federal Register on December 13, 2017 at 82 FR 58631 with a 60 day public comment period. No comments were received. This information collection expired on September 30, 2017. FEMA is requesting a reinstatement, without change, of a previously approved information collection for which approval has expired. The purpose of this notice is to notify the public that FEMA will submit the information collection abstracted below to the Office of Management and Budget for review and clearance.

    Collection of Information

    Title: Application for Participation in the National Flood Insurance Program (NFIP).

    Type of information collection: Reinstatement, without change, of a previously approved collection for which approval has expired.

    OMB Number: 1660-0004.

    Form Titles and Numbers: FEMA Form 086-0-30, Application for Participation in the National Flood Insurance Program.

    Abstract: The National Flood Insurance Program (NFIP) provides flood insurance to the communities that apply for participation and make a commitment to protect against future flood damages. The application form and supporting documentation will enable FEMA to continue to rapidly process new community applications and to thereby more quickly provide flood insurance protection to the residents in communities.

    To qualify for the NFIP, a participating community must adopt certain minimum standards in accordance with FEMA's regulations at 44 CFR 60.3, 60.4, and 60.5. In order to verify whether communities maintain such standards, the NFIP requires participating communities to retain documentation on development taking place in the flood hazard areas within the community. 44 CFR 59.22. Such information will be made available to FEMA upon request. This information assists FEMA in evaluating the effectiveness of a community's floodplain management program and participating property owners' eligibility for flood insurance.

    This reinstatement does not propose any change in the information solicited from respondents through this information collection; however, the number of burden hours has been updated to reflect changing number of respondents and responses received through this collection over time. These changes have occurred naturally, and do not result from specific action taken by FEMA.

    The “Application for Participation in the NFIP” and the “NFIP and the Community Development Permit Process” are separate actions documented under the same collection.

    Affected Public: State, local or Tribal government.

    Estimated Number of Respondents: 22,367.

    Estimated Number of Responses: 97,724.

    Estimated Total Annual Burden Hours: 244,418.

    Estimated Total Annual Respondent Cost: $20,946,623.

    Estimated Respondents' Operation and Maintenance Costs: N/A.

    Estimated Respondents' Capital and Start-Up Costs: N/A.

    Estimated Total Annual Cost to the Federal Government: $ 83,041.

    Comments

    Comments may be submitted as indicated in the ADDRESSES caption above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (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.

    Dated: March 7, 2018. William H. Holzerland, Senior Director for Information Management, Office of the Chief Administrative Officer, Mission Support, Federal Emergency Management Agency, Department of Homeland Security.
    [FR Doc. 2018-05178 Filed 3-13-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The date of August 2, 2018 has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at https://msc.fema.gov by the date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at https://msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 8, 2018. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Gladwin County, Michigan (All Jurisdictions) Docket No.: FEMA-B-1610 City of Beaverton 124 West Brown Street, Beaverton, MI 48612. City of Gladwin 1000 West Cedar Avenue, Gladwin, MI 48624. Township of Beaverton 4496 Dale Road, Beaverton, MI 48612. Township of Billings 1050 Estey Road, Beaverton, MI 48612. Township of Bourret 2749 School Road, Alger, MI 48610. Township of Buckeye 1498 South Hockaday Road, Beaverton, MI 48624. Township of Butman 5005 North Hockaday Road, Gladwin, MI 48624. Township of Clement 1497 E M-30, Alger, MI 48610. Township of Gladwin 2001 Wagarville Road, Gladwin, MI 48624. Township of Grout 1490 South Grout Road, Gladwin, MI 48624. Township of Hay 1220 East Highwood Road, Beaverton, MI 48612. Township of Sage 1831 North Pratt Lake Road, Gladwin, MI 48624. Township of Secord 1507 Secord Dam Road, Gladwin, MI 48624. Township of Sherman 4013 Oberlin Road, Gladwin, MI 48624. Township of Tobacco 1826 Dale Road, Beaverton, MI 48612.
    [FR Doc. 2018-05187 Filed 3-13-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The date of July 5, 2018 has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at https://msc.fema.gov by the date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at https://msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 23, 2018. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Adams County, Illinois and Incorporated Areas Docket No.: FEMA-B-1664 Unincorporated Areas of Adams County Adams County Highway Department, 101 North 54th Street, Quincy, IL 62305. Adams County, Nebraska and Incorporated Areas Docket No.: FEMA-B-1710 City of Hastings 220 North Hastings Avenue, Hastings, NE 68901. Unincorporated Areas of Adams County 415 North Adams Central Avenue, Juniata, NE 68955. Village of Ayr 4075 West Lincoln Street, Ayr, NE 68925. Village of Holstein 9710 South Main Avenue, Holstein, NE 68950. Village of Juniata 911 North Juniata Avenue, Juniata, NE 68955. Village of Kenesaw 109 North Smith Avenue, Kenesaw, NE 68956. Village of Roseland 9230 South Lincoln Avenue, Roseland, NE 68973. Village of Trumbull 131 Main Street, Trumbull, NE 68980. Clay County, Nebraska and Incorporated Areas Docket No.: FEMA-B-1710 City of Clay Center City Office, 219 West Fairfield Street, Clay Center, NE 68933. City of Edgar City Office, 508 3rd Street, Edgar, NE 68935. City of Fairfield City Office, 302 D Street, Fairfield, NE 68938. City of Sutton City Office, 107 West Grove Street, Sutton, NE 68979. Unincorporated Areas of Clay County Clay County Courthouse, 111 West Fairfield Street, Clay Center, NE 68933. Village of Deweese Village Office, 101 Lena Street, Deweese, NE 68934. Village of Trumbull Village Office, 131 Main Street, Trumbull, NE 68980.
    [FR Doc. 2018-05189 Filed 3-13-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Extension of Agency Information Collection Activity Under OMB Review: Screening Partnership Program (SPP) AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    30-Day notice.

    SUMMARY:

    This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0064, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves an application completed by airports to initiate a request to participate in TSA's Screening Partnership Program.

    DATES:

    Send your comments by April 13, 2018. A comment to OMB is most effective if OMB receives it within 30 days of publication.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, OMB. Comments should be addressed to Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh, TSA PRA Officer, Office of Information Technology (OIT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011; telephone (571) 227-2062; email [email protected]

    SUPPLEMENTARY INFORMATION:

    TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on December 13, 2017, 82 FR 58650.

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at http://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Consistent with the requirements of Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, and E.O. 13777, Enforcing the Regulatory Reform Agenda, TSA is also requesting comments on the extent to which this request for information could be modified to reduce the burden on respondents.

    Information Collection Requirement

    Title: Screening Partnership Program Application.

    Type of Request: Renewal.

    OMB Control Number: 1652-0064.

    Form(s): TSA Form 424 Screening Partnership Program Application.

    Affected Public: Airport Operators.

    Abstract: Under 49 U.S.C. 44920, an airport may submit an application to TSA to have the screening of passengers and property required by 49 U.S.C. 44901 conducted by non-Federal personnel. TSA must approve the application if the approval “would not compromise security or detrimentally affect the cost-efficiency or the effectiveness of the screening of passengers or property at the airport.” TSA implements this requirement through the Screening Partnership Program (SPP). Participation in the SPP is initiated with the application covered by this information collection.

    Number of Respondents: 2.

    Estimated Annual Burden Hours: An estimated 0.50 hours annually.

    Dated: March 7, 2018. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2018-05090 Filed 3-13-18; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2009-0024] Enforcement Actions Summary AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Transportation Security Administration (TSA) is providing notice that it has issued an annual summary of all enforcement actions taken by TSA under the authority granted in the Implementing Recommendations of the 9/11 Commission Act of 2007.

    FOR FURTHER INFORMATION CONTACT:

    Nikki Harding, Assistant Chief Counsel, Civil Enforcement, Office of the Chief Counsel, TSA-2, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6002; telephone (571) 227-4777; facsimile (571) 227-1378; email [email protected]

    SUPPLEMENTARY INFORMATION: Background

    On August 3, 2007, section 1302(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (the 9/11 Act), Public Law 110-53, 121 Stat. 392, gave TSA new authority to assess civil penalties for violations of any surface transportation requirements under title 49 of the U.S. Code (U.S.C.) and for any violations of chapter 701 of title 46 of the U.S.C., which governs transportation worker identification credentials (TWICs).

    Section 1302(a) of the 9/11 Act, codified at 49 U.S.C. 114(v), authorizes the Secretary of the Department of Homeland Security (DHS) to impose civil penalties of up to $10,000 per violation of any surface transportation requirement under 49 U.S.C. or any requirement related to TWICs under 46 U.S.C. chapter 701. TSA exercises this function under delegated authority from the Secretary. See DHS Delegation No. 7060-2.

    Under 49 U.S.C. 114(v)(7)(A), TSA is required to provide the public with an annual summary of all enforcement actions taken by TSA under this subsection; and include in each such summary the identifying information of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty. This summary is for calendar year 2017. TSA will publish a summary of all enforcement actions taken under the statute in the beginning of the new calendar year to cover the previous calendar year.

    Document Availability

    You can get an electronic copy of both this notice and the enforcement actions summary on the internet by—

    (1) Searching the electronic Federal Docket Management System (FDMS) web page at http://www.regulations.gov, Docket No. TSA-2009-0024; or

    (2) Accessing the Government Printing Office's web page at http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR to view the daily published Federal Register edition; or accessing the “Search the Federal Register by Citation” in the “Related Resources” column on the left, if you need to do a Simple or Advanced search for information, such as a type of document that crosses multiple agencies or dates.

    In addition, copies are available by writing or calling the individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to identify the docket number of this action.

    Dated: March 8, 2018. Kelly D. Wheaton, Deputy Chief Counsel, Enforcement and Incident Management. March 8, 2018 Annual Summary of Enforcement Actions Taken Under 49 U.S.C. 114(v) Annual Report

    Pursuant to 49 U.S.C. 114(v)(7)(A), TSA provides the following summary of enforcement actions taken by TSA in calendar year 2017 under section 114(v).1

    1 49 U.S.C. 114(v)(7)(A) states: In general. Not later than December 31, 2008, and annually thereafter, the Secretary shall—(i) provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and (ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.

    Background

    Section 114(v) of 49 U.S.C. gave the Transportation Security Administration (TSA) new authority to assess civil penalties for violations of any surface transportation requirements under 49 U.S.C. and for any violations of chapter 701 of 46 U.S.C., which governs TWICs. Specifically, section 114(v) authorizes the Secretary of the Department of Homeland Security (DHS) to impose civil penalties of up to $10,000 per violation 2 for violations of any surface transportation requirement under 49 U.S.C. or any requirement related to TWIC under 46 U.S.C. chapter 701.3

    2 Pursuant to title VII, sec. 701 of Public Law 114-74 (129 Stat. 583, 599; Nov. 2, 2015), the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015-part of the Bipartisan Budget Act of 2015, this $10,000 civil penalty maximum is adjusted for inflation annually. See 49 CFR 1503.401(b).

    3 TSA exercises this function under delegated authority from the Secretary. See DHS Delegation No. 7060-2.

    Enforcement Actions Taken by TSA in Calendar Year 2017 TSA case No. Type of violation Penalty proposed/assessed 2016BTR0005 TWIC Access Control (49 CFR 1570.7(d)) $1,000/None (Warning Notice). 2016HOU0435 TWIC Fraudulent Use (49 CFR 1570.7(b)) $1,000/$1,000. 2016MSY0093 TWIC Access Control (49 CFR 1570.7(d)) $1,000/None (Warning Notice). 2016OAK0128 TWIC Access Control (49 CFR 1570.7(d)) $4,000/Pending. 2016OAK0152 TWIC Access Control (49 CFR 1570.7(d)) $2,000/Pending. 2016SEA0520 TWIC Fraudulent Use (49 CFR 1570.7 (a) and (c)) $1,000/$1,000. 2017BOS0260 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017BOS0362 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017BOS0377 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017BWI0179 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017CLE0252 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017CLT0431 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017EWR0041 TWIC Access Control (49 CFR 1570.7(c) and (d)) None (Warning Notice). 2017EWR0067 TWIC Access Control (49 CFR 1570.7(c) and (d)) None (Warning Notice). 2017HOU0171 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017HOU0190 TWIC Fraudulent Use (49 CFR 1570.7(b) and (c)) $1500/$500. 2017HOU0243 TWIC Fraudulent Use (49 CFR 1570.7(b) and (c)) $1,000/Pending. 2017HOU0325 TWIC Fraudulent Use (49 CFR 1570.7(a) and (c)) None (Warning Notice). 2017HOU0326 TWIC Access Control (49 CFR 1570.7 (d)) None (Warning Notice). 2017HOU0327 TWIC Access Control (49 CFR 1570.7 (d)) None (Warning Notice). 2017HOU0390 TWIC Fraudulent Use (49 CFR 1570.5(b), 1570.7(c)) $2,000/Pending. 2017HOU0392 TWIC Fraudulent Use (49 CFR 1570.7(a)) $2,000/Pending. 2017HOU0393 TWIC Access Control (49 CFR 1570.7(d)) $3,000/Pending. 2017HOU0433 TWIC Access Control (49 CFR 1570.7(c) and (d)) $1,000/Pending. 2017JAX0057 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0058 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0059 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0100 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0101 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0134 TWIC Access Control (49 CFR 1570.7(d)) None (Warning Notice). 2017JAX0135 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0138 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0215 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0220 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0231 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0232 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0261 TWIC Access Control (49 CFR 1570.7(c) and (d)) None (Warning Notice). 2017JAX0262 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0266 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0279 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0290 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0291 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0293 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0294 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0315 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0316 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0317 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JAX0352 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0043 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0048 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0060 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0070 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0097 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0124 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0125 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0229 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0230 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0231 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0232 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0275 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017JFK0303 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017MDW0083 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017MIA0149 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017MIA0329 TWIC Fraudulent Use (49 CFR 1570.7(a) and (c)) None (Warning Notice). 2017MIA0674 TWIC Fraudulent Use (49 CFR 1570.7(a) and (c)) None (Warning Notice). 2017MSY0170 TWIC Access Control (49 CFR 1570.7(c) and (d)) None (Warning Notice). 2017MSY0171 TWIC Fraudulent Use (49 CFR 1570.7 (a) and (c)) None (Warning Notice). 2017MSY0184 TWIC Access Control (49 CFR 1570.7(c)) $1,000/Pending. 2017MSY0247 TWIC Inspection of Credential (49 CFR 1570.9(a) None (Warning Notice). 2017MSY0261 TWIC Access Control (49 CFR 1570.7 (d)) $1,000/Pending. 2017MSY0262 TWIC Access Control (49 CFR 1570.7(c)) $1,000/Pending. 2017MSY0263 TWIC Access Control (49 CFR 1570.7(c)) $1,000/Pending. 2017OAK0168 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017OAK0185 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017OAK0201 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017OAK0216 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017OAK0240 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017OAK0316 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017OAK0359 TWIC Fraudulent Use (49 CFR 1570.7(a) and (c)) $6,000/Pending. 2017PDX0621 TWIC Access Control (49 CFR 1570.7(d)) None (Warning Notice). 2017PDX0668 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017PDX0669 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017PDX0723 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017PHL0022 TWIC Access Control (49 CFR 1570.7(c)) $1,000/Pending. 2017PHL0023 TWIC Fraudulent Use (49 CFR 1570.7 (a) and (c)) $1,500/Pending. 2017PHL0131 TWIC Access Control (49 CFR 1570.7(c)) $1,500/Pending. 2017PHL0132 TWIC Access Control (49 CFR 1570.7(c) and (d)) $3,000/Pending. 2017PHL0133 TWIC Access Control (49 CFR 1570.7(c)) $1,000/Pending. 2017PHL0136 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017PHL0140 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017PHL0141 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017PHL0142 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017PHL0154 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017PHL0166 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017RIC0004 TWIC Fraudulent Use (49 CFR1570.5(b) and 1570.7(c)) $3000/$1,500. 2017RIC0006 TWIC Access Control (49 CFR 1570.7(d)) $1,000/$100. 2017RIC0035 TWIC Access Control (49 CFR 1570.7(c) and (d)) $3,000/$1,500. 2017RIC0036 TWIC Access Control (49 CFR 1570.7(c)) $1000/$1,000. 2017RIC0040 TWIC Access Control (49 CFR 1570.7(c)) $1,000/$50. 2017RIC0041 TWIC Access Control (49 CFR 1570.7(c) and (d)) $2000/$50. 2017RIC0042 TWIC Access Control (49 CFR 1570.7(c)) $3,000/$50. 2017RIC0048 TWIC Access Control (49 CFR 1570.7(c) and (d)) None (Warning Notice). 2017RIC0049 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017RIC0053 TWIC Access Control (49 CFR 1570.7(c)) $1,000/$1,000. 2017RIC0059 TWIC Access Control (49 CFR 1570.7(c)) $1,000/$1,000. 2017RIC0060 TWIC Access Control (49 CFR 1570.7(c)) $3,000/$2,000. 2017RIC0061 TWIC Access Control (49 CFR 1570.7(c)) $500/$500. 2017RIC0087 TWIC Access Control (49 CFR 1570.7(c)) $1,000/Pending. 2017RIC0088 TWIC Access Control (49 CFR 1570.7(c) and (d)) $2,000/$500. 2017RIC0093 TWIC Access Control (49 CFR 1570.7(c)) $1,000/$500. 2017RIC0099 TWIC Access Control (49 CFR 1570.7(c)) $1,000/$1,000. 2017RIC0100 TWIC Access Control (49 CFR 1570.7(c) and (d)) $1,000/$750. 2017RIC0116 TWIC Access Control (49 CFR 1570.7(c) and (d)) None (Warning Notice). 2017RIC0124 TWIC Access Control (49 CFR 1570.7(c)) $2,000/Pending. 2017RIC0128 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017RIC0129 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017RIC0130 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017RIC0146 TWIC Access Control (49 CFR 1570.7(c)) $2,000/Pending. 2017RIC0147 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SAN0438 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SAT0005 TWIC Fraudulent Use (49 CFR 1570.7(b)) $6,000/$1,500. 2017SAT0041 TWIC Access Control (49 CFR 1570.7(c)) $1,000/None (Warning Notice). 2017SAT0156 TWIC Access Control (49 CFR 1570.7(c) and (d)) $1,000/$1,000. 2017SAT0199 TWIC Access Control (49 CFR 1570.7(c)) $1,000/None (Warning Notice). 2017SAT0281 TWIC Access Control (49 CFR 1570.7(c)) $1,000/$1,000. 2017SEA0150 TWIC Fraudulent Use (49 CFR 1570.7(a)) $500/$500. 2017SEA0151 TWIC Fraudulent Use (49 CFR 1570.5(b) and 1570.7(a)) $2,000/$2,000. 2017SEA0320 TWIC Access Control (49 CFR 1570.7(d)) $500/$500. 2017SEA0321 TWIC Fraudulent Use (49 CFR 1570.7(a)) $500/$500. 2017SEA0322 TWIC Access Control (49 CFR 1570.7(c) and (d)) $500/$500. 2017SEA0175 TWIC Access Control (49 CFR 1570.7(c)) $1,000/$1,000. 2017SEA0183 TWIC Access Control (49 CFR 1570.7(c)) $1,500/$1,500. 2017SEA0323 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SEA0324 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SEA0343 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SEA0449 TWIC Access Control (49 CFR 1570.7(c)) $2,000/Pending. 2017SEA0451 TWIC Access Control (49 CFR 1570.7(c)) $1,000/None (Warning Notice). 2017SEA0452 TWIC Fraudulent Use (49 CFR 1570.7(b)) $250/$250. 2017SEA0527 TWIC Inspection of Credential (49 CFR 1570.9 (a)) $500/Pending. 2017SEA0543 TWIC Access Control (49 CFR 1570.7(d)) None (Warning Notice). 2017SEA0542 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SEA0660 TWIC Access Control (49 CFR 1570.7(c)) $1,250/$1,250. 2017SEA0667 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SEA0668 TWIC Access Control (49 CFR 1570.7(d)) $500/Pending. 2017SEA0860 TWIC Access Control (49 CFR 1570.7(c)) $1,250/Pending. 2017SEA0946 TWIC Access Control (49 CFR 1570.7(c)) $2,500 Pending. 2017SEA1013 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SMF0090 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2017SMF0141 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018BOS0003 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018BOS0004 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018BOS0059 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018HOU0015 TWIC Access Control (49 CFR 1570.7(c) and (d)) $1,120/Pending. 2018HOU0016 TWIC Access Control (49 CFR 1570.7(c)) $1,120/Pending. 2018JAX0004 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018JAX0005 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018JAX0006 TWIC Fraudulent Use (49 CFR 1570.7(b)) None (Warning Notice). 2018JAX0008 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018JAX0013 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018JAX0022 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018JAX0023 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018JAX0026 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018LAX0054 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018LAX0055 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018LAX0057 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018MSY0001 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018MSY0002 TWIC Fraudulent Use (49 CFR 1570.7(a)) None (Warning Notice). 2018OAK0006 TWIC Fraudulent Use (49 CFR 1570.7(a)) None (Warning Notice). 2018OAK0007 TWIC Access Control (49 CFR 1570.7(d)) None (Warning Notice). 2018OAK0020 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018OAK0024 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018OAK0025 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018OAK0028 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018OAK0027 TWIC Access Control (49 CFR 1570.7(c)) None (Warning Notice). 2018RIC0004 TWIC Access Control (49 CFR 1570.7(c) and (d)) $2,240/Pending. 2018RIC0005 TWIC Access Control (49 CFR 1570.7(c) and (d)) $2,240/Pending. 2018RIC0006 TWIC Access Control (49 CFR 1570.7(c)) $1,120/Pending. 2018SEA0010 TWIC Fraudulent Use (49 CFR 1570.7(a)) None (Warning Notice). 2018SEA0023 TWIC Access Control (49 CFR 1570.7(c)) $1,000/Pending. 2018SEA0029 TWIC Fraudulent Use (49 CFR 1570.7(a) and (d)) $4,000/Pending.
    [FR Doc. 2018-05089 Filed 3-13-18; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Intent To Request Renewal From OMB of One Current Public Collection of Information: Law Enforcement Officer (LEO) Reimbursement Request AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0063, abstracted below that we will submit to OMB for an extension in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the reimbursement of expenses incurred by airport operators for the provision of law enforcement officers to support airport checkpoint screening.

    DATES:

    Send your comments by May 14, 2018.

    ADDRESSES:

    Comments may be emailed to [email protected] or delivered to the TSA PRA Officer, Office of Information Technology (OIT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011.

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh at the above address, or by telephone (571) 227-2062.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at http://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Consistent with the requirements of Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, and E.O. 13777, Enforcing the Regulatory Reform Agenda, TSA is also requesting comments on the extent to which this request for information could be modified to reduce the burden on respondents.

    Information Collection Requirement

    OMB Control Number 1652-0063; Law Enforcement Officer (LEO) Reimbursement Request. Pursuant to 49 U.S.C. 114(m), and secs. 106(l) and (m), TSA has authority to enter into agreements with participants to reimburse expenses incurred by airport operators for the provision of LEOs in support of screening at airport checkpoints. Consistent with this authority, TSA created the LEO Reimbursement Program, which is run by the Office of Law Enforcement/Federal Air Marshal Service (OLE/FAMS).

    TSA OLE/FAMS requires that participants in the LEO Reimbursement Program record the details of all reimbursements sought. In order to provide for the orderly tracking of reimbursements, the LEO Reimbursement Program uses TSA Form 3503, LEO Reimbursement Request, which captures and tracks reimbursement information.

    The LEO Reimbursement Request form is available at www.tsa.gov. Upon completion, participants submit the LEO Reimbursement Request form directly to the OLE/FAMS LEO Reimbursement Program via fax, electronic upload (via scanning the document), mail, or in person. The OLE/FAMS LEO Reimbursement Program reviews all request for reimbursement forms received. Based on the prior year participation, TSA estimates that there will be 294 participant responses monthly or 3,528 yearly, which is a decrease from the 2015 submission of 326 monthly participants.

    TSA estimates each respondent will spend approximately one hour to complete the request for reimbursement form, for a total annual hour burden of 3,528 hours.

    Dated: March 7, 2018. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2018-05091 Filed 3-13-18; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-7009-N-04] A75-HUD Central Accounting and Program System (HUDCAPS) Privacy Act of 1974; System of Records AGENCY:

    Department of Housing and Urban Development.

    ACTION:

    Notice of a modified system of records.

    SUMMARY:

    A75 HUDCAPS is an Office of the Chief Financial Officer (OCFO) system that serves as a sub-ledger financial system for HUD. As of October 1, 2015, HUDCAPS is no longer HUD's core financial system/system of record due to the implementation of New Core Project Phase 1 Release 3. HUDCAPS is now a sub-ledger financial system for HUD and the Department of Treasury, Administrative Resource Center (ARC) Oracle Federal Financials serves as HUD's system of record and core financial system.

    DATES:

    April 13, 2018.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by one of the following methods:

    Email: [email protected]

    Mail: John Bravacos, Senior Agency Official for Privacy, Privacy Office, Department of Housing and Urban Development, Washington, DC 20410.

    FOR FURTHER INFORMATION CONTACT:

    For general questions please contact: The Privacy Office, 451 Seventh Street SW, Room 10139, Washington, DC 20410, telephone number 202-708-3054. Individuals who are hearing- or speech-impaired may access this number via TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).

    SUPPLEMENTARY INFORMATION:

    This notice of revision of the System of Records Notice for A75 HUDCAPS reflects the change of HUDCAPS from a core financial system to a sub-ledger financial system for HUD. The Department of Treasury, Administrative Resource Center (ARC) Oracle Federal Financials now serves as HUD's system of record and core financial system.

    The following transactions remain in HUDCAPS:

    • Public and Indian Housing (PIH) Section 8 programmatic transaction, including payments of PIH Section 8 programmatic invoices.

    • Program Accounting System (PAS) will continue to transmit current transactional activity to HUDCAPS for posting to the HUDCAPS sub ledger, which is transmitted through NCIS to the Oracle Federal Financials G/L.

    • HUD legacy subsidiary systems such as Line of Credit Control System (LOCCS), Northridge Loan System (NLS), Program Accounting System (PAS), and others continue to support program fund transactions related to grant and loan activities and continue to interface nightly with HUDCAPS.

    The following routine uses have been removed from the HUDCAPS SORN completed in 2014 because HUDCAPS is no longer HUD's core financial system/system of record. HUDCAPS is now a sub-ledger financial system for HUD, and the Department of Treasury, Administrative Resource Center (ARC) Oracle Federal Financials serves as HUD's system of record and core financial system.

    • The Internal Revenue Service (IRS)—for reporting payments for goods and services and for reporting of discharge indebtedness;

    • The General Service Administration's Federal Procurement Data System, a central repository for statistical information on Government contracting, for purposes of providing public access to Government-wide data about agency contract actions;

    • The consumer reporting agencies: Disclosure pursuant to 5 U.S.C. 552a(b)(12). Disclosures may be made from the system to consumer reporting agencies as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims Collection Act of 1966, 31 U.S.C. 3701(a)(3)). The disclosure is limited to information necessary to establish the identity of the individual, including name, social security number, and address; the amount, status, and history of the claim, and the agency or program under which the claim arose for the sole purpose of allowing the consumer reporting agency to prepare a credit report.

    SYSTEM NAME AND NUMBER

    HUD Central Accounting and Program System (HUDCAPS, A75).

    SECURITY CLASSIFICATION:

    Unclassified.

    SYSTEM LOCATION:

    HUD Headquarters, 451 7th Street SW, Washington, DC 20410 and NCCIPS, Stennis Space Center, MS 29529. The backup data center is at Mid-Atlantic Data Center in Clarksville, VA 23927.

    SYSTEM MANAGER(S):

    Assistant Chief Financial Officer for Systems, Office of the Chief Financial Officer, Department of Housing and Urban Development, 451 Seventh Street SW, Room 3100, Washington, DC 20410.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    Sec. 113 of the Budget and Accounting Act of 1950, 31 U.S.C. 66a. (Pub. L. 81-784); The Chief Financial Officers Act of 1990; Executive Order 9397, as amended by Executive Order 13478; The Housing and Community Development Act of 1987, 42 U.S.C. 3543.

    PURPOSE(S) OF THE SYSTEM:

    A75 HUDCAPS is an Office of the Chief Financial Officer (OCFO) system that serves as a sub-ledger financial system for HUD. The sub-ledger contains Public and Indian Housing (PIH) Section 8 programmatic transaction, including payments of PIH Section 8 programmatic invoices, and HUD legacy subsidiary systems such as LOCCS, NLS, PAS, and others, which will continue to support program fund transactions related to grant and loan activities and continue to interface nightly with HUDCAPS.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Grant, subsidy, project, and loan recipients; HUD personnel; vendors; brokers; bidders; managers; individuals within Disaster Assistance Programs: builders, developers, contractors, and appraisers.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The system contains the following employee/vendor information: Vendor/employee name, Vendor Number (EIN—Employer Identification Number, SSN—Social Security Number, and/or TIN—Tax Identification Number), address, Data Universal Numbering System (DUNS), Banking Account/Routing numbers, and financial data.

    Note: Vendor and social security numbers are no longer being entered in HUDCAPS, with the exception of programs handled by the PIH Financial Management Center (FMC).

    For historical purposes, HUDCAPS stores vendor records for previous travel records, which includes social security numbers, bank account numbers, and routing numbers.

    RECORD SOURCE CATEGORIES:

    These records contain information obtained from the individual who is the subject of the records, HUD personnel, financial institutions, private corporations or business partners, and Federal agencies.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

    1. To the U.S. Treasury—for transactions such as disbursements of funds and related adjustments;

    2. To other Federal Agencies—for the purpose of debt collection to comply with statutory reporting requirements;

    3. To HUD contractors when necessary to perform a function or service related to this system of records. Such recipients are required to comply with the Privacy Act of 1974, as amended U.S.C. 552a.

    In addition to the routine uses described above and the disclosures generally permitted under 5 U.S.C. § 552a(b) of the Privacy Act, additional discretionary disclosures that may be applicable to this system of records notice can be found in the Department's Privacy website under Appendix 1: HUD's Routine use Inventory Notice, 80 FR 81837 (December 31, 2015).

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    Electronic files are stored on electronic media. There are no paper records that are maintained for this system.

    POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

    Records are retrieved by name, social security number, schedule number, receipt number, voucher number, and contract number.

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    Retention and disposal is in accordance with Records Disposition Schedule 21, HUD Handbook 2225.6. Records are destroyed or deleted when no longer necessary for agency business in accord with applicable federal standards or in no less than seven years after last action in accord with limitations on civil actions by or against the U.S. Government (28 U.S.C. 2401 and 2415). Data records are purged or deleted from the system when eligible to be destroyed using one of the methods described by the NIST SP 800-88 Rev 1 “Guidelines for Media Sanitization” (December 17, 2014).

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    All HUD employees have undergone background investigations. HUD buildings are guarded and monitored by security personnel, cameras, ID checks, and other physical security measures. Access is restricted to authorized personnel or contractors whose responsibilities require access. System users must take the mandatory security awareness training annually as mandated by the Federal Information Security Management Act (FISMA). Users must also sign a Rules of Behavior form certifying that they agree to comply with the requirements before they are granted access to the system.

    RECORD ACCESS PROCEDURES:

    For information, assistance, or inquiry about records, contact John Bravacos, Senior Agency Official for Privacy, 451 Seventh Street SW, Room 10139, Washington, DC 20410, telephone number (202) 708-3054. When seeking records about yourself from this system of records or any other Housing and Urban Development (HUD) system of records, your request must conform with the Privacy Act regulations set forth in 24 CFR part 16. You must first verify your identity, meaning that you must provide your full name, 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. In addition, your request should:

    a. Explain why you believe HUD would have information on you.

    b. Identify which Office of HUD you believe has the records about you.

    c. Specify when you believe the records would have been created.

    d. Provide any other information that will help the Freedom of Information Act (FOIA), staff determine which HUD office may have responsive records.

    If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying their agreement for you to access their records. Without the above information, the HUD FOIA Office may not conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with regulations.

    CONTESTING RECORD PROCEDURES:

    The Department's rules for contesting contents of records and appealing initial denials appear in 24 CFR part 16, Procedures for Inquiries. Additional assistance may be obtained by contacting John Bravacos, Senior Agency Official for Privacy, 451 Seventh Street SW, Room 10139, Washington, DC 20410, or the HUD Departmental Privacy Appeals Officers, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410.

    NOTIFICATION PROCEDURES:

    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 HUD's Privacy Office at the addresses provided above or the component's FOIA Officer, whose contact information can be found at http://www.hud.gov/foia.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    Docket No. FR-5763-N-03.

    Dated: February 16, 2018. John Bravacos, Senior Agency Official for Privacy.
    [FR Doc. 2018-05070 Filed 3-13-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-HQ-FAC-2018-N024; FF09F42300-FVWF97920900000-XXX] Sport Fishing and Boating Partnership Council Meeting AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of meeting.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), announce a public meeting of the Sport Fishing and Boating Partnership Council (Council). A Federal advisory committee, the Council was created in part to foster partnerships to enhance public awareness of the importance of aquatic resources and the social and economic benefits of recreational fishing and boating in the United States. This meeting is open to the public, and anyone interested may make oral statements to the Council or file written statements for consideration.

    DATES:

    The meeting will take place April 4, 2018, from 9 a.m. to 4:30 p.m. (Eastern Time) and April 5, 2018, from 9 a.m. to 4 p.m. For deadlines and directions on registering to attend the meeting, submitting written material, and/or giving an oral presentation, please see Public Input under SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will be held at the Department of the Interior, 1849 C Street NW, Room 5160, Washington, DC 20240.

    FOR FURTHER INFORMATION CONTACT:

    Linda Friar, Designated Federal Officer, Sport Fishing and Boating Partnership Council, 5275 Leesburg Pike, Mailstop FAC, Falls Church, VA 22041; telephone (703) 358-2056; fax (703) 358-2487; or email [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with the requirements of the Federal Advisory Committee Act, 5 U.S.C. App., we announce that the Sport Fishing and Boating Partnership Council will hold a meeting April 4 and 5, 2018.

    Background

    The Council was formed in January 1993 under the provisions of 41 CFR 101-6.1007 to advise the Secretary of the Interior, through the Director of the U.S. Fish and Wildlife Service, on aquatic conservation endeavors that benefit recreational fishery resources and recreational boating and that encourage partnerships among industry, the public, and government. The Council represents the interests of the public and private sectors of the recreational fishing, boating, and conservation communities and is organized to enhance partnerships among industry, constituency groups, and government. The 18-member Council, appointed by the Secretary of the Interior, includes, as ex officio members, the Service Director and the president of the Association of Fish and Wildlife Agencies. Other Council members are directors from State agencies responsible for managing recreational fish and wildlife resources and individuals who represent the interests of saltwater and freshwater recreational fishing, recreational boating, the recreational fishing and boating industries, recreational fisheries resource conservation, Native American tribes, aquatic resource outreach and education organizations, and tourism. Additional background information on the Council is available at http://www.fws.gov/sfbpc.

    Meeting Agenda

    An abbreviated list of planned agenda items for the meeting includes:

    • Review the Report to the Assistant Secretary for Fish and Wildlife and Parks, Subject: Response to Secretary's Order 3347—Conservation Stewardship and Outdoor Recreation which was prepared by the Assistant Secretaries for Fish and Wildlife and Parks and Land and Minerals Management; this report provides recommendations to enhance and expand recreational fishing access;

    • Based on the report, develop consensus-based Council recommendations to enhance and expand recreational fishing access;

    • Hear and discuss updates on several U.S. Fish and Wildlife Service programs and other Council business.

    The final agenda will be posted on the internet at http://www.fws.gov/sfbpc.

    Public Input If you want to . . . Then you must contact the Council Coordinator (see FOR FURTHER INFORMATION CONTACT) no later than . . . Attend the meeting March 30, 2018. Submit written information or questions before the meeting for the Council to consider during the meeting March 30, 2018. Give an oral presentation during the meeting March 30, 2018. Attendance

    The Council meeting will be held at the Department of the Interior, 1849 C Street NW, Room 5160, Washington, DC 20240. Signs will be posted to direct attendees to the specific conference room. Individuals who plan to attend must bring a form of identification and pass through a security checkpoint.

    Submitting Written Information or Questions

    Interested members of the public may submit relevant information or questions for the Council to consider during the meeting. Written statements must be received by the date listed above in Public Input, so that the information may be made available to the Council for their consideration prior to the meeting. Written statements must be supplied to the Council Coordinator in one of the following formats: One hard copy with original signature, or one electronic copy via email (acceptable file formats are Adobe Acrobat PDF, MS Word, MS PowerPoint, or rich text file).

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

    Giving an Oral Presentation

    Individuals or groups who request to make an oral presentation during the meeting will be limited to 2 minutes per speaker, with no more than a total of 30 minutes for all speakers. Interested parties should contact the Council Coordinator, in writing (preferably via email; see FOR FURTHER INFORMATION CONTACT), to register and be placed on the public speaker list for the meeting. Registered speakers who wish to expand upon their oral statements, or those who had wanted to speak but could not be accommodated on the agenda, may submit written statements to the Council Coordinator up to 30 days after the meeting.

    Meeting Minutes

    The Council's Designated Federal Officer will maintain meeting minutes (see FOR FURTHER INFORMATION CONTACT). Minutes will be available for public inspection within 90 days after the meeting and will be posted on the Council's website at http://www.fws.gov/sfbpc.

    Gregory J. Sheehan, Principal Deputy Director.
    [FR Doc. 2018-05199 Filed 3-13-18; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Geological Survey [GX18EE000101100] Public Meeting of the National Geospatial Advisory Committee AGENCY:

    U.S. Geological Survey, Interior.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act of 1972, the U.S. Geological Survey (USGS) is publishing this notice to announce that a Federal Advisory Committee meeting of the National Geospatial Advisory Committee (NGAC) will take place.

    DATES:

    The meeting will be held on Tuesday, April 3, 2018 from 8:30 a.m. to 4:30 p.m., and on Wednesday, April 4, 2018 from 8:30 a.m. to 4:00 p.m. (Eastern Standard Time).

    ADDRESSES:

    The meeting will be held at the Department of the Interior building, 1849 C Street NW, Washington, DC 20240 in the South Penthouse Conference Room. Send your comments to Group Federal Officer by email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Mr. John Mahoney, Federal Geographic Data Committee (FGDC), U.S. Geological Survey (USGS), 909 First Avenue, Suite 800, Seattle, WA 98104; by email at [email protected]; or by telephone at (206) 220-4621.

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552B, as amended), and 41 CFR 102-3.140 and 102-3.150.

    Purpose of the Meeting: The National Geospatial Advisory Committee (NGAC) provides advice and recommendations related to management of Federal and national geospatial programs, the development of the National Spatial Data Infrastructure, and the implementation of Office of Management and Budget Circular A-16. The NGAC reviews and comments on geospatial policy and management issues and provides a forum to convey views representative of non-federal stakeholders in the geospatial community. The NGAC meeting is one of the primary ways that the FGDC collaborates with its broad network of partners. Additional information about the NGAC meeting is available at: www.fgdc.gov/ngac.

    Agenda Topics:

    —FGDC Update —Landsat Advisory Group —Geospatial Data as Services —Cultural and Historical Geospatial Resources —Geospatial Platform —NSDI Strategic Plan Framework

    Meeting Accessibility/Special Accommodations: The meeting is open to the public from 8:30 a.m. to 5:00 p.m. on April 3 and from 8:30 a.m. to 4:00 p.m. on April 4. Members of the public wishing to attend the meeting and receive webinar and call-in information should contact Ms. Lucia Foulkes by email at [email protected] to register no later than five (5) business days prior to the meeting. Seating may be limited due to room capacity. Individuals requiring special accommodations to access the public meeting should contact Ms. Lucia Foulkes at the email stated above or by telephone at 703-648-4142 at least five (5) business days prior to the meeting so that appropriate arrangements can be made.

    Public Disclosure of Comments: Time will be allowed at the meeting for any individual or organization wishing to make formal oral comments. To allow for full consideration of information by the committee members, written notice must be provided to Ms. Lucia Foulkes, Federal Geographic Data Committee (FGDC), U.S. Geological Survey, 12201 Sunrise Valley Drive, MS-590, Reston, VA 20192; by email at [email protected]; or by telephone at 703-648-4142, at least five (5) business days prior to the meeting. Any written comments received will be provided to the committee members.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Kenneth Shaffer, Deputy Executive Director, Federal Geographic Data Committee.
    [FR Doc. 2018-05193 Filed 3-13-18; 8:45 am] BILLING CODE 4338-11-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-25117; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting comments on the significance of properties nominated before February 24, 2018, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by March 29, 2018.

    ADDRESSES:

    Comments may be sent via U.S. Postal Service and all other carriers to the National Register of Historic Places, National Park Service, 1849 C St. NW, MS 7228, Washington, DC 20240.

    SUPPLEMENTARY INFORMATION:

    The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before February 24, 2018. Pursuant to § 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.

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

    Nominations submitted by State Historic Preservation Officers:

    CALIFORNIA San Francisco County San Francisco Central YMCA, 220 Golden Gate Ave., San Francisco, SG100002287 Santa Clara County Messina Orchard, 721-781 N. Capitol Ave., San Jose, SG100002288 DISTRICT OF COLUMBIA District of Columbia Lafayette Elementary School, (Public School Buildings of Washington, DC MPS), 5701 Broad Branch Rd. NW, Washington, MP100002290 FLORIDA Dade County Giller Building, 975 W 41st St., Miami Beach, SG100002291 Lincoln Memorial Park Cemetery, 3001 NW 46th St, Miami, SG100002292 Miami Marine Stadium, 3501 Rickenbacker Causeway, Miami, SG100002293 Publix Store No. 91, 1045 Dade Blvd., Miami Beach, SG100002294 NEW HAMPSHIRE Grafton County Boulderwood, (Squam MPS), Address Restricted, Holderness, MP100002300 NEW MEXICO Rio Arriba County Haynes Trading Post Site, (Historical-Period Rural Landscape of Upper Largo Canyon, Rio Arriba County, New Mexico 1829-1943 MPS), Address Restricted, Counselor vicinity, MP100002301

    A request for removal has been made for the following resource:

    PENNSYLVANIA Greene County Red, Neils, Covered Bridge, (Covered Bridges of Washington and Greene Counties TR), E of Garards Fort crossing Whiteley Creek, Greene Township, Garads Fort vicinity, OT79003817

    A request to move has been received for the following resource:

    SOUTH DAKOTA Codington County Olive Place, N of Watertown off U.S. 81, Watertown vicinity, MV78002547

    Nominations submitted by Federal Preservation Officers:

    The State Historic Preservation Officer reviewed the following nominations and responded to the Federal Preservation Officer within 45 days of receipt of the nominations and supports listing the properties in the National Register of Historic Places.

    CALIFORNIA Marin County Olema Valley Dairy Ranches Historic District, Point Reyes NS & Golden Gate NRA, Olema vicinity, SG100002286 COLORADO Gilpin County Bain Cabin, 501 Shoshoni Camp Rd., Rollinsville vicinity, SG100002289 IDAHO Idaho County Gardiner Peak Lookout, (L-4 Fire Lookouts in the USFS Northern Region (Region 1), 1932-1967 MPS), Gardiner Peak, West Fork District, Bitterroot NF,Darby (MT) vicinity, MP100002295 Salmon Mountain Lookout, (L-4 Fire Lookouts in the USFS Northern Region (Region 1), 1932-1967 MPS), Salmon Mtn., West Fork District, Bitterroot NF, Darby (MT) vicinity, MP100002296 MONTANA Ravalli County Gird Point Lookout, (L-4 Fire Lookouts in the USFS Northern Region (Region 1), 1932-1967 MPS), Gird Pt., Sapphire Mts., Bitterroot NF, Hamilton vicinity, MP100002297 Medicine Point Lookout (L-4 Fire Lookouts in the USFS Northern Region (Region 1), 1932-1967 MPS), Medicine Pt., Sula Ranger Dist., Bitterroot NF, Darby vicinity, MP100002298 St. Mary Peak Lookout, (L-4 Fire Lookouts in the USFS Northern Region (Region 1), 1932-1967 MPS), St. Mary Peak, Stevensville Ranger Dist., Bitterroot NF, Stevensville vicinity, MP100002299
    Authority:

    Section 60.13 of 36 CFR part 60

    Dated: February 26, 2018. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program and Keeper, National Register of Historic Places.
    [FR Doc. 2018-05132 Filed 3-13-18; 8:45 am] BILLING CODE 4312-52-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1012] Certain Magnetic Data Storage Tapes and Cartridges Containing the Same; Notice of Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist Orders AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has found a violation in the above-captioned investigation. The Commission has determined to issue a limited exclusion order and cease and desist orders. The investigation is terminated.

    FOR FURTHER INFORMATION CONTACT:

    Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2301. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission instituted this investigation on July 1, 2016, based on a Complaint filed by Fujifilm Corporation of Tokyo, Japan, and Fujifilm Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively, “Fujifilm”). 81 FR 43243-44 (July 1, 2016). The Complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), in the sale for importation, importation, and sale within the United States after importation of certain magnetic data storage tapes and cartridges containing the same by reason of infringement of certain claims of U.S. patent Nos. 6,641,891 (“the ’891 patent”); 6,703,106 (“the ’106 patent”); 6,703,101 (“the ’101 patent”); 6,767,612 (“the ’612 patent”); 8,236,434 (“the ’434 patent”); and 7,355,805 (“the ’805 patent”). The Complaint further alleges the existence of a domestic industry. The Commission's Notice of Investigation named as respondents Sony Corporation of Tokyo, Japan, Sony Corporation of America of New York, New York, and Sony Electronics Inc. of San Diego, California (collectively, “Sony”). The Office of Unfair Import Investigations (“OUII”) was also named as a party to the investigation. The Commission later terminated the investigation as to the ’101 patent. Order No. 24 (Jan. 18, 2017); Notice (Feb. 15, 2017).

    On September 1, 2017, the ALJ issued his final ID finding a violation of section 337 with respect to claims 1, 4-9, 11, and 14 of the ’891 patent and asserted claims 1, 2, 4, 5, 7, and 8 of the ’612 patent. The ALJ found no violation of section 337 with respect to asserted claims 9-11 of the ’612 patent; asserted claim 2, 5, and 6 of the ’106 patent; asserted claim 1 of the ’434 patent; and asserted claims 3 and 10 of the ’805 patent.

    In particular, the Final ID finds that Sony's accused products infringe claims 1, 4-9, 11, and 14 of the ’891 patent and claims 1, 2, 4, 5, 7, and 8 of the ’612 patent under 35 U.S.C. 271(a). The Final ID also finds that Sony's accused products do not infringe claims 2, 5, and 6 of the ’106 patent, claim 1 of the ’434 patent, and claims 3 and 10 of the ’805 patent. The Final ID also finds that Sony has not shown that the asserted claims of the ’891 patent, the ’612 patent, the ’434 patent, or the ’805 patent are invalid under 35 U.S.C. 102, 103, or 112. The Final ID further finds, however that, while, Sony has not shown that the asserted claims of the ’106 patent are invalid under 35 U.S.C. 102 or 103, Sony has shown that the asserted claims of the ’106 patent are indefinite under 35 U.S.C. 112. The Final ID also finds that Fujifilm has satisfied the technical prong of the domestic industry requirement with respect to the ’891 patent and the ’612 patent, but has not satisfied the technical prong with respect to the ’106 patent, the ’434 patent, and the ’805 patent. The Final ID further finds that Fujifilm has satisfied the economic prong of the domestic industry requirement with respect to the ’891, ’612, and ’106 patent pursuant to 19 U.S.C. 1337(a)(3)(A) and (B) for the asserted LTO-6 DI products. The Final ID finds that Fujifilm has not satisfied the economic prong requirement for the asserted LTO-7 DI products.

    The Final ID finds Sony has not shown that the ’891, ’106, and ’805 patents are essential to the LTO-7 Standard. The Final ID also finds that Fujifilm has not breached any provisions of the Fujifilm AP-75 agreement, in particular sections 8.2 or 11.11. The Final ID further finds that Sony has not shown that the AP-75 agreement warrants barring Fujifilm's claims or terminating the investigation. The Final ID also finds that patent misuse does apply to bar Fujifilm's claims and that Fujifilm has not waived its rights to enforce the patents-in-suit. The Final ID also finds that Sony does not have an implied license to the patents-in-suit. The Final ID further finds that Sony has not shown that patent exhaustion applies.

    On September 12, 2017, the ALJ issued his recommended determination on remedy and bonding. As instructed by the Commission, the ALJ also made findings concerning the public interest factors set forth in 19 U.S.C. 1337(d)(1) and (f)(1). See 81 FR 43243; 19 CFR 210.10(b). The ALJ recommended that the appropriate remedy is a limited exclusion order and a cease and desist order against Sony. The ALJ recommended that the Commission require no bond during the period of Presidential review. The ALJ further found that public interest factors do not bar or require tailoring the recommended exclusion order. The ALJ also found that even if the asserted claims are essential, the public interest does not favor tailoring or curbing and exclusion order because Fujifilm did not breach its obligations under the AP-75 Agreement.

    On September 18, 2017, Sony and OUII each filed petitions for review of various aspects of the Final ID. Also on September 18, 2017, Fujifilm filed a contingent petition for review of various aspects of the Final ID. On September 26, 2017, Fujifilm, Sony, and OUII filed responses to the various petitions for review.

    On October 6, 2017, Fujifilm filed a post-RD statement on the public interest pursuant to Commission Rule 210.50(a)(4). Sony filed its statement on October 13, 2017. No responses were filed by the public in response to the post-RD Commission Notice issued on September 13, 2017. See Notice of Request for Statements on the Public Interest (Sept. 13, 2017); 82 FR 43567-68 (Sept. 18, 2017).

    On December 12, 2017, the Commission determined to review the Final ID in part. Notice (Dec. 12, 2017); 82 FR 60038-41 (Dec. 18, 2017).

    Specifically, the Commission determined to review-in-part the Final ID's finding of violation with respect to the ’891 patent. In particular, the Commission determined to review the Final ID's findings with respect to anticipation and obviousness. The Commission further determined to review the Final ID's findings concerning secondary considerations.

    The Commission also determined to review-in-part the Final ID's finding of violation with respect to the ’612 patent. Specifically, the Commission determined to review the Final ID's finding that the asserted claims of the ’612 patent are not obvious. Accordingly, the Commission also determined to review the Final ID's finding that Fujifilm has satisfied the technical prong of the domestic industry requirement with respect to the ’612 patent.

    The Commission further determined to review-in-part the Final ID's findings with respect to the ’106 patent. Specifically, the Commission determined not to review the Final ID's finding that the asserted claims of the ’106 patent are invalid as indefinite. Accordingly, the Commission determined to review the Final ID's findings with respect to the remaining issues with respect to the ’106 Patent.

    The Commission also determined to review-in-part the Final ID's findings with respect to the ’434 patent. Specifically the Commission determined to review the Final ID's finding that Sony's accused LTO-7 products do not infringe claim 1 of the ’434 patent. The Commission also determined to review the Final ID's finding that Fujifilm's LTO-7 DI products do not practice claim 1. The Commission further determined to review the Final ID's finding that claim 1 is not obvious.

    The Commission further determined to review-in-part the Final ID's findings with respect to the ’805 patent. Specifically, the Commission determined to review the Final ID's finding that Sony's accused LTO-7 products do not infringe asserted claims 3 and 10 of the ’805 patent. The Commission also determined to review the Final ID's finding that U.S. patent No. 6,710,967 (“Hennecken”) does not anticipate claims 3 and 10.

    The Commission also determined to review the Final ID's findings that the asserted claims of the '612, '106, and '805 patents are not essential to the LTO-7 Standard.

    The Commission further determined to review the Final ID's findings concerning the economic prong of the domestic industry.

    The Commission determined not to review the remaining issues decided in the Final ID.

    In its notice of review, the Commission posed several briefing questions to the parties, and requested briefing on remedy, the public interest, and bonding. 82 FR at 60040. On January 3, 2018, the parties submitted their initial responses to the Commission's briefing questions. On January 12, 2018, the parties filed their reply submissions.

    On December 26, 2017, Quantum Corporation filed a submission in response to the Commission's notice. On January 2, 2018, Hewlett Packard Enterprise Company filed a submission in response to the Commission's notice. On January 3, 2018, International Business Machines Corporation filed a submission in response to the Commission's notice.

    Having examined the record of this investigation, including the Final ID, the petitions for review, the responses thereto, and the parties' submissions on review, the Commission has determined to find that a violation of section 337 has occurred with respect to the asserted claims of the '891 patent. The Commission has found no violation with respect to the '612, '106, '434, and '805 patents.

    The Commission affirms with modification the Final ID's findings that the asserted claims of the '891 patent are not invalid as anticipated or obvious.

    The Commission finds that Sony has shown by clear and convincing evidence that the asserted claims of the '612 patent are prima facie obvious over the asserted prior art and that there are no secondary considerations that overcome this finding. Accordingly, the Commission finds that Fujifilm has failed to satisfy the technical prong of the domestic industry requirement by failing to show that its domestic industry products practice a valid claim of the '612 patent. The Commission has further determined not to reach the Final ID's findings concerning the technical prong with respect to the '612 Patent.

    The Commission determined not to review the Final ID's finding that the asserted claims of the '106 patent are invalid as indefinite. Accordingly, the Commission has determined not to reach the Final ID's findings on the remaining issues with respect to the '106 patent.

    With respect to the '434 patent, the Commission has determined to construe the limitations “a power spectrum density at a pitch of 10 micrometers ranges from 800 to 10,000 nm3 on the magnetic layer surface” and “a power spectrum density at a pitch of 10 micrometers ranges from 20,000 to 80,000 nm3 on the backcoat layer surface” recited in claim 1 of the '434 patent to require that the entire surface of each layer must have power spectrum density measurements within the claimed range. The Commission has further determined to find that Fujifilm has failed to show by a preponderance of the evidence that the accused LTO-7 tapes infringe claim 1 of the '434 patent. The Commission has also determined to find that Fujifilm has failed to satisfy the technical prong of the domestic industry requirement with respect to the '434 patent. The Commission has determined to affirm with modification the Final ID's finding that Sony has failed to show by clear and convincing evidence that the asserted prior art renders obvious asserted claim 1 of the '434 patent. Specifically, the Commission has determined not to reach the question of whether the asserted prior art discloses the limitation “the magnetic layer has a center surface average surface roughness Ra, as measured by an atomic force microscope, ranging from 0.5 to 2.5 nm.”

    The Commission has determined to affirm with modification the Final ID's finding that Fujifilm has failed to show by a preponderance of the evidence that the accused LTO-7 tapes infringe claims 3 and 10 of the '805 patent. The Commission has also determined to affirm with modification the Final ID's finding that the asserted prior art does not anticipate the asserted claims of the '805 patent. The Commission also corrects the misstatement in the Final ID's “Conclusions of Fact and Law” that Fujifilm failed to satisfy the technical prong with respect to the '805 patent. See Final ID at 385.

    The Commission has determined to affirm with modification the Final ID's finding that the asserted claims of the '612, '106, and '805 patents are not essential to the LTO-7 Standard. In particular, with respect to the '106 patent, the Commission has determined not to reach the issue of whether the LTO-7 Standard requires a tape having a magnetic layer that contains an abrasive. The Commission has determined to otherwise adopt the Final ID's findings that the LTO-7 Standard does not require practice of the asserted claims of the '612, '106, and '805 Patents. The Commission has determined not to reach any other issues concerning Sony's essentiality defenses.

    The Commission has determined to find that Fujifilm's plant and equipment and labor and capital investments in its LTO-6 domestic industry products are significant under section 337(a)(3)(A) and (B), thus satisfying the economic prong of the domestic industry requirement with respect to the '891 patent. The Commission has determined not to reach the issue of whether Fujifilm has satisfied the economic prong with respect to its domestic investments in its LTO-7 DI products.

    Accordingly, the Commission has determined the appropriate remedy is a limited exclusion order against Sony's products that infringe claims 1, 4-9, 11, and 14 of the '891 patent, and a cease and desist order against each of the Sony respondents. The Commission has also determined that the public interest factors enumerated in subsections 337(d)(l) and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude issuance of the limited exclusion order and cease and desist order. The Commission has, however, determined to exempt Sony's magnetic data storage tapes and cartridges containing the same that are imported or used for the purpose of supporting Sony's warranty, service, repair, and compliance verification obligations. The Commission has further determined to set a bond at zero (0) percent of entered value during the Presidential review period (19 U.S.C. 1337(j)).

    The Commission's orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance.

    The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: March 8, 2018. Katherine M. Hiner, Supervisory Attorney.
    [FR Doc. 2018-05093 Filed 3-13-18; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

    On March 8, 2018, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Colorado in the lawsuit entitled United States v. El Paso County Retirement Plan, Civil Action No. 1:18-cv-00552.

    The proposed Consent Decree resolves the United States' claim under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9607, against the El Paso County Retirement Plan for recovery of past response costs incurred at the Widefield PCE Superfund Site (“Site”) in El Paso County, Colorado. The Site comprises a former dry cleaners at 3217 South Academy Boulevard in Colorado Springs and related contamination of soil and groundwater, including of the Widefield Aquifer. The El Paso County Retirement Plan was the owner of the 3217 South Academy Boulevard property at the time of disposal of hazardous substances. The proposed Consent Decree requires the El Paso County Retirement Plan to pay $420,000 in reimbursement of past response costs incurred by the United States with respect to the Site. The proposed Consent Decree provides the El Paso County Retirement Plan with a covenant not to sue for past response costs incurred by the United States in connection with the Site and contribution protection under CERCLA.

    The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. El Paso County Retirement Plan, D.J. Ref. No. 90-11-3-11721/1. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $3.75 (25 cents per page reproduction cost) payable to the United States Treasury.

    Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2018-05182 Filed 3-13-18; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

    On February 27, 2018, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Ohio in the lawsuit entitled United States v. Bridgestone Americas Tire Operations et al., Case No. 3:18-cv-00054 (S.D. Ohio).

    The proposed consent decree resolves claims of the United States Environmental Protection Agency (“EPA”) against seven defendants—Bridgestone Americas Tire Operations, LLC; Cargill, Inc.; Flowserve Corporation; Kelsey-Hayes Company; NCR Corporation; Northrop Grumman Systems Corporation, and Waste Management of Ohio (collectively “Defendants)—for response costs and injunctive relief with respect to the North Sanitary (aka “Valleycrest”) Landfill Superfund Site in Dayton, Ohio (“Site”). A complaint, which was filed simultaneously with the proposed consent decree, alleges that the Defendants are liable under Sections 106, 107(a), and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9606, 9607(a), and 9613(g)(2). Under the proposed consent decree, the defendants will perform the remedy selected by EPA to address contamination at the Site by, among other things, designing and constructing a landfill “cap” that will cover approximately 70 acres of the Site. Other significant remedial actions will include the design and construction of a system to address landfill gas, as well as a system to prevent leachate from contaminating groundwater. Additionally, the Defendants will reimburse EPA for its future response costs, but they will not reimburse EPA for its future oversight costs unless and until such costs, together with past response costs and interim costs incurred before entry of the consent decree, exceed $8.37 million. The proposed consent decree will provide covenants not to sue to the Defendants, as well as to numerous other potentially responsible parties (“Other Settling Parties”) who have previously entered into settlement agreements with one or more of the Defendants and, in most instances, received indemnifications from them, provided that such Other Settling Parties (listed in Appendix E of the consent decree) submit signature pages agreeing to be bound by the consent decree and, if they own property likely affected by the remedial action, cooperate in the implementation of the consent decree.

    The publication of this notice opens a period for public comment on the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer United States v. Bridgestone Americas Tire Operations et al., Case No. 3:18-cv-00054 (S.D. Ohio), D.J. Ref. No. 90-11-3-11076. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected]. By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044-7611.

    During the public comment period, the proposed consent decree may be examined and downloaded at this Justice Department website: https://www.usdoj.gov/enrd/consent-decrees.html. We will also provide a paper copy of the proposed consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $84.50 (338 pages at 25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the Appendices and signature pages, the cost is $20.75.

    Randall M. Stone, Acting Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2018-05140 Filed 3-13-18; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Modification to Consent Decree Under The Clean Air Act

    On March 6, 2018, the Department of Justice lodged with the United States District Court for the District of Kansas a proposed modification to the consent decree entered by the Court on March 26, 2010 in the lawsuit entitled United States of America, et al. v. Westar Energy, Inc., Civil Action No. 2:09-cv-02059-JAR.

    The consent decree resolved claims asserted by the United States against Westar Energy, Inc. (“Westar”) under various provisions of the Clean Air Act (“Act”). Those claims related to Westar's operation of the Jeffrey Energy Center (“JEC”), a coal-fired power plant in St. Marys, Kansas with three electric generating units, numbered 1 through 3. The United States alleged in primary part that Westar made major modifications to JEC without obtaining a permit under the Prevention of Significant Deterioration program.

    The Consent Decree requires Westar, among other things, to install and operate Selective Catalytic Reduction (“SCR”) on one of the JEC units and, at Westar's election, either install a second SCR or meet a plant-wide 30-day rolling average emission rate of 0.100 lb/mmBTU NOX. Westar installed the SCR on JEC Unit 1 and elected to meet a plant-wide 30-day rolling average emission rate of 0.100 lb/mmBTU NOX. To meet this limit, Westar must operate JEC Unit 1 (the unit with the SCR) at all times when it is available, even when it would not otherwise be dispatched by the Regional Transmission Organization. This results in unnecessary emissions of NOX, sulfur dioxide, particulate matter and other pollutants from JEC.

    The proposed modification to the Consent Decree would require Westar to meet a 30-Day Rolling Average Unit Emission Rate for NOX of 0.150 lb/mmBTU, on an individual unit basis, when JEC Unit 1 is not operating. Overall emissions from JEC, including emissions of NOX, are expected to decrease as a result of the change because JEC Unit 1 would no longer be forced to operate to meet the Consent Decree NOX Plant-Wide Operating Day emission limitation. To help ensure that NOX emissions do not increase, the modification would also require Westar to comply with a new NOX 12-Month Rolling Tonnage Limitation for JEC Units 2 and 3.

    The publication of this notice opens a period for public comment on the modification to the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, et al. v. Westar Energy, Inc., D.J. Ref. No. 90-5-2-1-08242. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the modification to the consent decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the modification to the consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $4.25 (25 cents per page reproduction cost) payable to the United States Treasury.

    Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2018-05184 Filed 3-13-18; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Davis-Bacon Certified Payroll ACTION:

    Notice of availability; request for comments.

    SUMMARY:

    The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, “Davis-Bacon Certified Payroll,” to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

    DATES:

    The OMB will consider all written comments that agency receives on or before April 13, 2018.

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201707-1235-001 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]

    Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-WHD, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected] Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This ICR seeks to extend PRA authority for the Davis-Bacon Certified Payroll information collection. The Copeland Act requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to furnish weekly a statement with respect to the wages paid each employee during the preceding week. See 40 U.S.C. 3145(a); 29 CFR 3.3(b). Regulations 29 CFR 5.5 (a)(3)(ii)(A) requires contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project if the agency is a party to the contract, accompanied by a signed Statement of Compliance indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. The DOL has developed optional use Form WH-347, Payroll Form, to aide contractors and subcontractors performing work on federally financed or assisted construction contracts in meeting weekly payroll reporting requirements. See 29 CFR 5.5(a)(3)(ii)(A); see also, 29 CFR 3.3(b). Properly filled out, this form will satisfy the requirements of Regulations 29 CFR parts 3 and 5 as to payrolls submitted in connection with contracts subject to the Davis-Bacon and Related Acts. Copeland Act section 2 authorizes this information collection. See 40 U.S.C. 3145(a).

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1235-0008. For additional substantive information about this ICR, see the related notice published in the Federal Register on July 7, 2017 (82 FR 31636).

    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1235-0008. The OMB is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Agency: DOL-WHD.

    Title of Collection: Davis-Bacon Certified Payroll.

    OMB Control Number: 1235-0008.

    Affected Public: Private Sector—businesses or other for-profits.

    Total Estimated Number of Respondents: 81,404.

    Total Estimated Number of Responses: 7,489,168.

    Total Estimated Annual Time Burden: 6,989,890 hours.

    Total Estimated Annual Other Costs Burden: $988,569.

    Authority:

    44 U.S.C. 3507(a)(1)(D).

    Michel Smyth, Departmental Clearance Officer.
    [FR Doc. 2018-05158 Filed 3-13-18; 8:45 am] BILLING CODE 4510-27-P
    DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Recordkeeping and Reporting Occupational Injuries and Illnesses ACTION:

    Notice of availability; request for comments.

    SUMMARY:

    The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, “Recordkeeping and Reporting Occupational Injuries and Illnesses,” to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

    DATES:

    The OMB will consider all written comments that agency receives on or before April 13, 2018.

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201712-1218-004 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]

    Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-OSHA Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected] Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This ICR seeks to extend PRA authority for the Recordkeeping and Reporting Occupational Injuries and Illnesses information collection. The Occupational Safety and Health Act of 1970 (OSHAct) and regulations 29 CFR part 1904 prescribe that certain employers maintain records of job related injuries and illnesses. The OSHA uses the information to carry out enforcement and intervention activities to secure for workers a safe and healthful work environment. The data also provide the Bureau of Labor Statistics information to report on the number and rate of occupational injuries and illnesses in the country. In addition, the data inform employers and workers on the kinds of injuries and illnesses occurring in the workplace and their related hazards. Increased employer awareness should result in the identification and voluntary correction of hazardous workplace conditions. Likewise, workers who receive information on injuries and illnesses will be more likely to follow safe work practices and report workplace hazards. This would generally raise the overall level of safety and health in the workplace. OSH Act sections 8(c)(2) and 24(b)(2) authorize this information collection. See 29 U.S.C. 657(c)(2), 673(b)(2).

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1218-0176. For additional substantive information about this ICR, see the related notice published in the Federal Register on September 14, 2017 (82 FR 43255).

    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1218-0176. The OMB is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Agency: DOL-OSHA.

    Title of Collection: Recordkeeping and Reporting Occupational Injuries and Illnesses.

    OMB Control Number: 1218-0176.

    Affected Public: Private Sector—businesses or other for-profits.

    Total Estimated Number of Respondents: 1,384,503.

    Total Estimated Number of Responses: 6,212,616.

    Total Estimated Annual Time Burden: 2,253,550 hours.

    Total Estimated Annual Other Costs Burden: $0.

    Authority:

    44 U.S.C. 3507(a)(1)(D).

    Michel Smyth, Departmental Clearance Officer.
    [FR Doc. 2018-05157 Filed 3-13-18; 8:45 am] BILLING CODE 4510-26-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [18-022] Notice of Information Collection AGENCY:

    National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of information collection—CORRECTION.

    Ref: This notice is correcting NASA Federal Register Notice [18-015] dated 3/5/2018; Federal Register/Vol. 83 No. 9339.

    SUMMARY:

    The National Aeronautics and Space Administration, 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.

    DATES:

    All comments should be submitted within 60 calendar days from the date of this publication.

    ADDRESSES:

    All comments should be addressed to Lori Parker, National Aeronautics and Space Administration, 300 E Street, SW, Washington, DC 20546-0001.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Lori Parker, NASA Clearance Officer, NASA Headquarters, 300 E Street SW, JF0000, Washington, DC 20546, (202) 358-1351.

    SUPPLEMENTARY INFORMATION: I. Abstract

    Supersonic flight over land is currently restricted in the U.S. and many countries because sonic boom noise disturbs people on the ground and can potentially damage private property. NASA is researching the public acceptability of quiet commercial supersonic flight. As sufficient research is assembled, there is potential for a change in federal and international regulations.

    The 2018 Quiet Supersonic Flight Community Response Test will correlate human annoyance response with low level supersonic exposure in a community setting. The supersonic exposure will be generated with an F-18 research aircraft performing a specialized maneuver. This effort is designed to evaluate remote aircraft basing and operations, community engagement, sonic boom measurements, and community annoyance surveys. The effort will improve research methods for future community-scale response testing using a purpose-built, low boom flight demonstration aircraft (LBFD).

    NASA supported a prior risk reduction field test to evaluate data collection methods for low boom community response at Edwards Air Force Base (EAFB) in November 2011. The annoyance response findings from the study are not readily generalizable to a larger population, as the residents at EAFB are accustomed to hearing full level sonic booms on a routine basis.

    II. Methods of Collection

    Web-Based/Electronic.

    III. Data

    Title: 2018 Quiet Supersonic Flight Community Response Test.

    OMB Number: 2700-xxxx.

    Type of review: New Clearance.

    Affected Public: Individuals and Households, Businesses and Organizations, State, Local, or Tribal Government.

    Average Expected Annual Number of Activities: Four questionnaires administered with varying frequency over 10 days.

    Average number of Respondents per Activity: 500 respondents (maximum).

    Annual Responses: 112 responses (maximum) per respondent.

    Frequency of Responses: 10 responses (maximum) per day.

    Average minutes per Response: Typical response time is 2 minutes.

    Burden Hours: Not to exceed 2,000 hours.

    IV. Request for Comments

    Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA's estimate of the burden hours of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology.

    Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record.

    Lori Parker, NASA PRA Clearance Officer.
    [FR Doc. 2018-05121 Filed 3-13-18; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 AGENCY:

    National Science Foundation.

    ACTION:

    Notice of permit issued.

    SUMMARY:

    The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.

    FOR FURTHER INFORMATION CONTACT:

    Nature McGinn, ACA Permit Officer, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314; 703-292-8030; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On December 4, 2017, the National Science Foundation published a notice in the Federal Register of a permit application received. The permit was issued on March 8, 2018 to:

    1. Daniel Costa Permit No. 2018-016.

    Nadene G. Kennedy, Polar Coordination Specialist, Office of Polar Programs.
    [FR Doc. 2018-05071 Filed 3-13-18; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL TRANSPORTATION SAFETY BOARD Notice of Sunshine Act Meeting Cancellation

    The National Transportation Safety Board has cancelled the Sunshine Act meeting previously scheduled for Tuesday, March 13, 2018, at the NTSB Conference Center, 429 L'Enfant Plaza, SW, Washington, DC The matter scheduled to be considered at the Sunshine Act meeting concerned Railroad Accident Brief—Collision of Two Southwestern Railroad Freight Trains, Roswell, New Mexico, April 28, 2015. A rescheduled date has not been determined yet.

    NEWS MEDIA CONTACT:

    Telephone: (202) 314-6100.

    FOR MORE INFORMATION CONTACT:

    Candi Bing, (202) 314-6403 or by email at [email protected]

    Dated: March 12, 2018. Candi R. Bing, Federal Register Liaison Officer.
    [FR Doc. 2018-05239 Filed 3-12-18; 11:15 am] BILLING CODE 7533-01-P
    OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Verification of Who Is Getting Payments, RI 38-107 and RI 38-147, 3206-0197 AGENCY:

    Office of Personnel Management.

    ACTION:

    30-Day notice and request for comments.

    SUMMARY:

    Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on revised information collection requests (ICR), Verification of Who is Getting Payments RI 38-107 and RI 38-147.

    DATES:

    Comments are encouraged and will be accepted until April 13, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, Attention: Desk Officer for the Office of Personnel Management or sent via electronic mail to [email protected] or faxed to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    A copy of this information collection, with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street NW, Room 3316-L, Washington, DC 20415, Attention: Cyrus S. Benson, or sent via electronic mail to [email protected] or faxed to (202) 606-0910 or via telephone at (202) 606-4808.

    SUPPLEMENTARY INFORMATION:

    As required by the Paperwork Reduction Act of 1995 OPM is soliciting comments for this collection. The information collection (OMB No. 3206-0197) was previously published in the Federal Register on November 8, 2017, at 82 FR 51883, allowing for a 60-day public comment period. No comments were received for this collection. The purpose of this notice is to allow an additional 30 days for public comments. The Office of Management and Budget is particularly interested in comments that:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    3. Enhance the quality, utility, and clarity of the information to be collected; and

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

    RI 38-107 is designed for use by the Retirement Inspection Branch when OPM, for any reason, must verify that the entitled person is indeed receiving the monies payable. RI 38-147 collects the same information and is used by other groups within Retirement Operations. Failure to collect this information would cause OPM to pay monies absent the assurance of a correct payee.

    Analysis

    Agency: Retirement Operations, Retirement Services, Office of Personnel Management.

    Title: Verification of Who is Getting Payments.

    OMB Number: 3206-0197.

    Frequency: On occasion.

    Affected Public: Individuals or Households.

    Number of Respondents: 25,400.

    Estimated Time per Respondent: 10 minutes.

    Total Burden Hours: 4,234 hours.

    U.S. Office of Personnel Management. Kathleen M. McGettigan, Acting Director.
    [FR Doc. 2018-05127 Filed 3-13-18; 8:45 am] BILLING CODE 6325-38-P
    OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Marital Status Certification Survey, RI 25-7 AGENCY:

    Office of Personnel Management.

    ACTION:

    30-Day notice and request for comments.

    SUMMARY:

    Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on a revised information collection (ICR), Marital Status Certification Survey, RI 25-7.

    DATES:

    Comments are encouraged and will be accepted until April 13, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, Attention: Desk Officer for the Office of Personnel Management or sent via electronic mail to [email protected] or faxed to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    A copy of this information collection, with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street NW, Room 3316-L, Washington, DC 20415, Attention: Cyrus S. Benson, or sent via electronic mail to [email protected] or faxed to (202) 606-0910 or via telephone at (202) 606-4808.

    SUPPLEMENTARY INFORMATION:

    As required by the Paperwork Reduction Act of 1995 OPM is soliciting comments for this collection. The information collection (OMB No. 3206-0033) was previously published in the Federal Register on December 11, 2017, at 82 FR 58226, allowing for a 60-day public comment period. No comments were received for this collection. The purpose of this notice is to allow an additional 30 days for public comments. The Office of Management and Budget is particularly interested in comments that:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    3. Enhance the quality, utility, and clarity of the information to be collected; and

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

    RI 25-7 is used to determine whether widows, widowers, and former spouses receiving survivor annuities from OPM have remarried before reaching age 55 and, thus, are no longer eligible for benefits.

    Analysis

    Agency: Retirement Operations, Retirement Services, Office of Personnel Management.

    Title: Marital Status Certification Survey.

    OMB Number: 3206-0033.

    Frequency: Annually.

    Affected Public: Individuals or Households.

    Number of Respondents: 24,000.

    Estimated Time per Respondent: 15 minutes.

    Total Burden Hours: 6,000 hours.

    U.S. Office of Personnel Management. Kathleen M. McGettigan, Acting Director.
    [FR Doc. 2018-05128 Filed 3-13-18; 8:45 am] BILLING CODE 6325-38-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82834; File No. SR-CboeBZX-2018-015] Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Transaction Fees March 8, 2018.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on March 1, 2018, Cboe BZX Exchange, Inc. (the “Exchange” or “BZX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the Exchange. The Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder,4 which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(ii).

    4 17 CFR 240.19b-4(f)(2).

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable to Members 5 and non-Members of the Exchange pursuant to BZX Rules 15.1(a) and (c).

    5 The term “Member” is defined as “any registered broker or dealer that has been admitted to membership in the Exchange.” See Exchange Rule 1.5(n).

    The text of the proposed rule change is available at the Exchange's website at www.markets.cboe.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.

    (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend the fee schedule applicable to its equities trading platform (“BZX Equities”) to add a second Step-Up Tier under footnote 2. The Exchange currently offers one Step-Up Tier that provides Members with an additional way to qualify for an enhanced rebate where they increase their liquidity each month over a predetermined baseline. Under the current Step-Up Tier, a Member receives a rebate of $0.0030 per share for qualifying orders which yield fee codes B,6 V,7 or Y 8 where their: (1) Step-Up Add TCV 9 from April 2016 is equal to or greater than 0.15%; and (2) ADAV 10 as a percentage of TCV 11 is equal to or greater than 0.20%.

    6 Fee code B is appended to displayed orders which add liquidity to Tape B and is provided a rebate of $0.0025 per share.

    7 Fee code V is appended to displayed orders which add liquidity to Tape A and is provided a rebate of $0.0020 per share.

    8 Fee code Y is appended to displayed orders which add liquidity to Tape C and is provided a rebate of $0.0020 per share.

    9 “Step-Up Add TCV” means ADAV as a percentage of TCV in the relevant baseline month subtracted from current ADAV as a percentage of TCV. See the BZX Equities fee schedule available at http://markets.cboe.com/us/equities/membership/fee_schedule/bzx/.

    10 “ADAV” means average daily added volume calculated as the number of shares added per day and “ADV” means average daily volume calculated as the number of shares added or removed, combined, per day. ADAV and ADV are calculated on a monthly basis. Id.

    11 “TCV” means total consolidated volume calculated as the volume reported by all exchanges and trade reporting facilities to a consolidated transaction reporting plan for the month for which the fees apply. Id.

    The Exchange now proposes to amend footnote 2 to add a second Step-Up Tier under which the volume measured to determine whether a Member qualifies is performed on a Member Participant Identifier (“MPID”) by MPID basis.12 Under the proposed Tier 2, a Member would receive a rebate of $0.0031 per share for their qualifying orders which yield fee codes B, V, or Y where their individual MPID has: (1) A Step-Up Add TCV from January 2018 equal to or greater than 0.30%; and (2) an ADAV as a percentage of TCV equal to or greater than 0.45%. The Exchange proposes to implement this amendments to its fee schedule on March 1, 2018.

    12 The Exchange proposes to number the existing tier as Tier 1.

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,13 in general, and furthers the objectives of Section 6(b)(4),14 in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange notes that it operates in a highly-competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. The proposed rule change reflects a competitive pricing structure designed to incent market participants to direct their order flow to the Exchange. The Exchange believes that the proposed tier is equitable and non-discriminatory in it would apply uniformly to all Members.

    13 15 U.S.C. 78f.

    14 15 U.S.C. 78f(b)(4).

    Volume-based rebates such as that proposed herein have been widely adopted by exchanges, including the Exchange, and are equitable because they are open to all Members on an equal basis and provide additional benefits or discounts that are reasonably related to: (i) The value to an exchange's market quality; (ii) associated higher levels of market activity, such as higher levels of liquidity provision and/or growth patterns; and (iii) introduction of higher volumes of orders into the price and volume discovery processes. The Exchange believes that the proposed tier is a reasonable, fair and equitable, and not unfairly discriminatory allocation of fees and rebates because it will continue to provide Members with an incentive to reach certain thresholds on the Exchange.

    In particular, the Exchange believes the proposed Step-Up Tier is a reasonable means to encourage Members to increase their liquidity on the Exchange based on increasing their volume above a predetermined baseline. The Exchange further believes that the proposed Step-Up Tier represents an equitable allocation of reasonable dues, fees, and other charges because the thresholds necessary to achieve the tier encourages Members to add increased liquidity to the BZX Book 15 each month. The increased liquidity benefits all investors by deepening the Exchange's liquidity pool, offering additional flexibility for all investors to enjoy cost savings, supporting the quality of price discovery, promoting market transparency and improving investor protection. The Exchange also believes that proposed rebate is reasonable based on the difficulty of satisfying the tier's criteria as compared to the existing Step-Up Tier, which provides a lower rebate and less stringent criteria. By applying the tier on a single MPID rather than across a Member's entire trading activity, the Exchange is also allowing more Members to potentially receive the enhanced rebates for their trading activity related to that individual MPID's liquidity provisioning.

    15See Exchange Rule 1.5(e).

    (B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed tier would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed tier represents a significant departure from previous pricing offered by the Exchange or pricing offered by the Exchange's competitors. Additionally, Members may opt to disfavor the Exchange's pricing if they believe that alternatives offer them better value. The Exchange does not believe that the proposed tier would burden competition, but instead, enhance competition, as it is intended to increase the competitiveness of and draw additional volume to the Exchange. The Exchange does not believe the proposed tier would burden intramarket competition as it would apply to all Members uniformly. Accordingly, the Exchange does not believe that the proposed change will impair the ability of Members or competing venues to maintain their competitive standing in the financial markets.

    (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from Members or other interested parties.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and paragraph (f) of Rule 19b-4 thereunder.17 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    16 15 U.S.C. 78s(b)(3)(A).

    17 17 CFR 240.19b-4(f).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File No. SR-CboeBZX-2018-015 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

    All submissions should refer to File No. SR-CboeBZX-2018-015. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-CboeBZX-2018-XXX and should be submitted on or before April 4, 2018.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18

    18 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2018-05079 Filed 3-13-18; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82846; File No. SR-ISE-2018-16] Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing of Proposed Rule Change To Introduce the ATR Protection for Orders That Are Routed to Away Markets March 9, 2018.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on February 23, 2018, Nasdaq ISE, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to introduce its Acceptable Trade Range protection for orders that are routed to away markets pursuant to the Options Order Protection and Locked/Crossed Markets Plan.

    The text of the proposed rule change is available on the Exchange's website at http://ise.cchwallstreet.com/, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange offers an Acceptable Trade Range (“ATR”) protection that prevents the execution of quotes and orders on the regular order book outside of set thresholds. The purpose of the proposed rule change is to enhance this ATR protection for orders that are routed to away markets pursuant to the Options Order Protection and Locked/Crossed Markets Plan (“Linkage Plan”) instead of being executed immediately on the Exchange or resting on the regular order book.

    As codified in Rule 714(b)(1), the Exchange's trading system calculates an Acceptable Trade Range to limit the range of prices at which an order or quote will be allowed to execute.3 The Acceptable Trade Range is calculated by taking the reference price, plus or minus a value to be determined by the Exchange (i.e., the reference price−(x) for sell orders/quotes and the reference price + (x) for buy orders or quotes).4 Upon receipt of a new order or quote, the reference price is the national best bid (“NBB”) for sell orders/quotes and the national best offer (“NBO”) for buy orders/quotes. If an order or quote reaches the outer limit of the Acceptable Trade Range without being fully executed then any unexecuted balance will be cancelled.

    3 The ATR protection is not available for Complex Orders that leg in to the regular order book, which are instead subject to the Price Level Protection pursuant to Rule 714(a)(4), or for All-or-None orders.

    4 There are three categories of options for ATR: (1) Penny Pilot Options trading in one cent increments for options trading at less than $3.00 and increments of five cents for options trading at $3.00 or more, (2) Penny Pilot Options trading in one-cent increments for all prices, and (3) Non-Penny Pilot Options.

    Currently, the trading system calculates an appropriate reference price for an incoming order or quote when that order or quote rests or trades on the regular order book but not when orders are routed to an away market pursuant to the Linkage Plan without first trading on the Exchange. The Exchange now proposes to enhance its ATR protection by applying it to orders that are routed to away markets without first trading on the Exchange. As proposed, Rule 714(a)(1) will continue to provide that the reference price for the ATR protection is the NBB for sell orders/quotes and the NBO for buy orders/quotes. For clarity, however, the Exchange proposes to move this language to a separate bullet under proposed Rule 714(a)(1)(ii). In addition, proposed Rule 714(a)(1)(ii) will indicate that the reference price is calculated upon receipt of a new order or quote, provided that if the applicable NBB or NBO price is improved at the time an order is routed to an away market, a new reference price is calculated based on the NBB or NBO at that time.

    Although the Exchange will continue to use the NBB or NBO as the reference price for the ATR protection, the Exchange believes that it is appropriate to update the reference price if the applicable NBB or NBO price is improved at the time an order is routed to an away market. Orders that are routed to away markets are eligible for the “Flash” auction process described in Supplementary Material .02 to Rule 1901. When a Flash auction is initiated, members are given an opportunity to enter responses to trade with the order for a time period established by the Exchange not to exceed one (1) second.5 Because the applicable NBB or NBO price may change during the Flash auction, the Exchange believes that it is appropriate to consider the updated NBB or NBO price at the time the order is actually routed to an away market, if doing so would provide additional protection to the order—i.e., if the NBB or NBO price used as the reference price is improved at that time. If the NBB or NBO price is not improved, the ATR protection will continue to use the NBB or NBO price on entry as the reference price, thereby providing the maximum protection to the order. The following examples illustrate how the ATR protection will be applied to orders routed to away markets:

    5 Currently, the exposure period for the Flash auction is set to 150 milliseconds.

    Example 1

    1. ATR threshold set to $0.15 for non-penny symbols 2. NBBO is $0.90 (35) × $1.00 (25): a. BATS: $0.90 (10) × $1.00 (25) b. CBOE: $0.90 (25) × $1.05 (25) c. MIAX: $0.85 (25) × $1.15 (25) d. ISE: $0.85 (50) × $1.20 (50) 3. Member enters a Limit Order to buy 200 contracts at $1.20 4. Flash auction initiated at a price of $1.00 5. CBOE quote improved establishing a new NBBO of $0.90 (35) × $0.95 (25): a. BATS: $0.90 (10) × $1.00 (25) b. CBOE: $0.90 (25) × $0.95 (25) c. MIAX: $0.85 (25) × $1.15 (25) d. ISE: $0.85 (50) × $1.20 (50) 6. No responses entered and Flash auction terminates and routes: a. 25 contracts to buy to CBOE at $0.95 b. 25 contracts to buy to BATS at $1.00 7. Because the NBO is improved at time of routing, the reference price is set to the improved NBO price of $0.95, establishing an Acceptable Trade Range of $1.10 8. The remaining balance of 150 contracts that cannot be executed within the Acceptable Trade Range is cancelled Example 2

    1. ATR threshold set to $0.15 for non-penny symbols 2. NBBO is $0.90 (35) × $1.00 (25): a. BATS: $0.90 (10) × $1.00 (25) b. CBOE: $0.90 (25) × $1.05 (25) c. MIAX: $0.85 (25) × $1.15 (25) d. ISE: $0.85 (50) × $1.20 (50) 3. Member enters a Limit Order to buy 200 contracts at $1.20 4. Flash auction initiated at a price of $1.00 5. BATS quote worsened establishing a new NBBO of $0.90 (35) × $1.05 (50): a. BATS: $0.90 (10) × $1.05 (25) b. CBOE: $0.90 (25) × $1.05 (25) c. MIAX: $0.85 (25) × $1.15 (25) d. ISE: $0.85 (50) × $1.20 (50) 6. No responses entered and Flash auction terminates and routes: a. 25 contracts to buy to BATS at $1.05 b. 25 contracts to buy to CBOE at $1.05 c. 25 contracts to buy to MIAX at $1.15 7. Because the NBO is worsened at time of routing, the reference price is set to the initial NBO price of $1.00, establishing an Acceptable Trade Range of $1.15 8. The remaining balance of 125 contracts that cannot be executed within the Acceptable Trade Range is cancelled Implementation

    The Exchange proposes to launch the ATR functionality described in this proposed rule change no later than October 31, 2018. The Exchange will announce the implementation date of this functionality in an Options Trader Alert issued to members prior to the launch date.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,6 in general, and furthers the objectives of Section 6(b)(5) of the Act,7 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest.

    6 15 U.S.C. 78f(b).

    7 15 U.S.C. 78f(b)(5).

    Specifically, the Exchange believes that the proposed rule change would remove impediments to and perfect the mechanism of a free and open market by enhancing the Exchange's ATR protection. The ATR functionality is designed to ensure that orders and quotes entered on the Exchange are executed at reasonable prices based on the applicable NBBO price on receipt. Currently, the Exchange's ATR protection calculates a reference price at the time an order or quote rests or trades locally but not when an order is routed to an away market pursuant to the Linkage Plan without first trading on the Exchange. To further protect orders that are subject to routing that have not traded on the Exchange, the Exchange is proposing to implement the ATR protection for those orders. The Exchange will continue to use the NBBO as the reference price for the ATR protection but now that the Exchange is protecting orders that are routed away pursuant to the Linkage Plan without trading on the Exchange, the Exchange proposes to use the NBBO price on routing instead of the NBBO on receipt only in those circumstances where the NBBO is improved at the time of routing. As described earlier in this proposed rule change, the Exchange operates a Flash auction that provides an opportunity for Members to match or improve the NBBO price prior to routing eligible orders to away markets. Since the NBBO price may change during the Flash auction's exposure period, the Exchange believes that the ATR protection should take improved NBBO prices into account when determining whether a particular price is a reasonable execution price. The Exchange believes, however, that a worsened NBBO price should not be considered as this would decrease rather than increase the protection provided to such an order. In sum, the proposed changes to the ATR protection will protect investors and the public interest by providing additional protections designed to ensure that quotes and orders entered on the Exchange are executed at reasonable prices, and thereby perfect the mechanism of a free and open market and a national market system.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is designed to enhance the Exchange's ATR protection by extending that protection to orders that are routed to away markets that did not first trade on the Exchange. The proposed protection will apply equally to all orders that are routed to away markets pursuant to the Linkage Plan. The Exchange believes that this change is the result of a competitive market where exchanges must continually improve the functionality offered to market participants in order to remain competitive.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Within 45 days of the date of publication of this notice in the Federal Register or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will:

    (A) By order approve or disapprove such proposed rule change, or

    (B) institute proceedings to determine whether the proposed rule change should be disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-ISE-2018-16 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

    All submissions should refer to File Number SR-ISE-2018-16. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2018-16 and should be submitted on or before April 4, 2018.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8

    8 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2018-05163 Filed 3-13-18; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82829; File No. SR-FINRA-2018-012] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Eliminate the Fee for an Explained Decision March 8, 2018.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 notice is hereby given that on February 21, 2018, Financial Industry Regulatory Authority, Inc. (“FINRA”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by FINRA. FINRA has designated the proposed rule change as “establishing or changing a due, fee or other charge” under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder,4 which renders the proposal effective upon receipt of this filing by the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(ii).

    4 17 CFR 240.19b-4(f)(2).

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rules 12214(e)(1) and 12904(g)(5) of the Code of Arbitration Procedure for Customer Disputes (“Customer Code”) and FINRA Rules 13214(e)(1) and 13904(g)(5) of the Code of Arbitration Procedure for Industry Disputes (“Industry Code”) (together, “Codes”) to eliminate the $400 fee for an explained decision.

    Below is the text of the proposed rule change. Proposed new language is in italics; proposed deletions are in brackets.

    12214. Payment of Arbitrators

    (a)-(d) No change.

    (e) Payment for Explained Decisions

    (1) The chairperson who is responsible for writing an explained decision pursuant to Rule 12904(g) will receive an additional honorarium of $400. [The panel will allocate the cost of the honorarium under Rule 12904(g) to the parties.]

    (2) No change.

    12904. Awards

    (a)-(f) No change.

    (g) Explained Decisions

    (1)-(4) No change.

    (5) The chairperson will receive an additional honorarium of $400 for writing the explained decision, as required by this paragraph (g). [The panel will allocate the cost of the chairperson's honorarium to the parties as part of the final award.]

    (6) No change.

    (h)-(j) No change.

    13214. Payment of Arbitrators

    (a)-(d) No change.

    (e) Payment for Explained Decisions

    (1) The chairperson who is responsible for writing an explained decision pursuant to Rule 13904(g) will receive an additional honorarium of $400. [The panel will allocate the cost of the honorarium under Rule 13904(g) to the parties.]

    (2) No change.

    13904. Awards

    (a)-(f) No change.

    (g) Explained Decisions

    (1)-(4) No change.

    (5) The chairperson will receive an additional honorarium of $400 for writing the explained decision, as required by this paragraph (g). [The panel will allocate the cost of the chairperson's honorarium to the parties as part of the final award.]

    (6) No change.

    (h)-(j) No change.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. FINRA has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    In 2009, the Commission approved amendments to the Codes that required arbitrators to provide an explained decision at the parties' joint request.5 An explained decision is a fact-based award stating the general reasons for the arbitrators' decision; it is not required to include legal authorities or damage calculations.6 The chairperson of the panel is responsible for drafting the explained decision and receives an additional $400 honorarium for doing so.7 Under the Codes, the arbitrators allocate the $400 cost to the parties as part of the award.8 FINRA began waiving the $400 fee for an explained decision as of January 2017.9 In order to remove a potential obstacle to parties requesting an explained decision, FIN